# Official Journal C 24/22 J

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 24 |
| | |
| English edition | Information and Notices | Volume 5922 January 2016 |

ISSN 1977-091X

Official Journal

of the European Union

C 24

English edition

Information and Notices

Volume 5922 January 2016

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| Notice No | Contents | page |
| --- | --- | --- |
| | |
| | EUROPEAN PARLIAMENT
  2012-2013 SESSIONSittings of 4 to 7 February 2013
  The Minutes of this session have been published in OJ C 120 E, 26.4.2013 .
  TEXTS ADOPTED | 1 |

Notice No

Contents

page

EUROPEAN PARLIAMENT
  2012-2013 SESSIONSittings of 4 to 7 February 2013
  The Minutes of this session have been published in OJ C 120 E, 26.4.2013 .
  TEXTS ADOPTED

EUROPEAN PARLIAMENT

The Minutes of this session have been published in OJ C 120 E, 26.4.2013 .

1

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| | I   Resolutions, recommendations and opinions |
| --- | --- |
| | RESOLUTIONS |
| | European Parliament |
| | Tuesday 5 February 2013 |
| 2016/C 24/01 | European Parliament resolution of 5 February 2013 on improving access to finance for SMEs (2012/2134(INI)) | 2 |
| | Wednesday 6 February 2013 |
| 2016/C 24/02 | European Parliament resolution of 6 February 2013 on the 57th session on UN CSW: Elimination and prevention of all forms of violence against women and girls (2012/2922(RSP)) | 8 |
| 2016/C 24/03 | European Parliament resolution of 6 February 2013 on the European Innovation Partnership on Active and Healthy Ageing (2012/2258(INI)) | 11 |
| 2016/C 24/04 | European Parliament resolution of 6 February 2013 on the EU strategic objectives for the 16th meeting of the Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), to be held in Bangkok (Thailand) from 3 to 14 March 2013 (2012/2838(RSP)) | 19 |
| 2016/C 24/05 | European Parliament resolution of 6 February 2013 on the guidelines for the 2014 budget procedure, Section I — European Parliament, Section II — Council, Section IV — Court of Justice, Section V — Court of Auditors, Section VI — European Economic and Social Committee, Section VII — Committee of the Regions, Section VIII — European Ombudsman, Section IX — European Data Protection Supervisor, Section X — European External Action Service (2013/2003(BUD)) | 24 |
| 2016/C 24/06 | European Parliament resolution of 6 February 2013 on corporate social responsibility: accountable, transparent and responsible business behaviour and sustainable growth (2012/2098(INI)) | 28 |
| 2016/C 24/07 | European Parliament resolution of 6 February 2013 on Corporate Social Responsibility: promoting society’s interests and a route to sustainable and inclusive recovery (2012/2097(INI)) | 33 |
| | Thursday 7 February 2013 |
| 2016/C 24/08 | European Parliament resolution of 7 February 2013 on the European Semester for Economic Policy Coordination: Annual Growth Survey 2013 (2012/2256(INI)) | 49 |
| 2016/C 24/09 | European Parliament resolution of 7 February 2013 on the European Semester for economic policy coordination: employment and social aspects in the Annual Growth Survey 2013 (2012/2257(INI)) | 55 |
| 2016/C 24/10 | European Parliament resolution of 7 February 2013 with recommendations to the Commission on the governance of the Single Market (2012/2260(INL)) | 75 |
| 2016/C 24/11 | European Parliament resolution of 7 February 2013 on the 22nd session of the United Nations Human Rights Council (2013/2533(RSP)) | 89 |
| 2016/C 24/12 | European Parliament resolution of 7 February 2013 on judicial training — court coordinators (2012/2864(RSP)) | 97 |
| 2016/C 24/13 | European Parliament resolution of 7 February 2013 on the 2011 Annual Report of the European Investment Bank (2012/2286(INI)) | 100 |
| 2016/C 24/14 | European Parliament resolution of 7 February 2013 on Laos: the case of Sombath Somphone (2013/2535(RSP)) | 106 |
| 2016/C 24/15 | European Parliament resolution of 7 February 2013 on the detention of human rights activists in Zimbabwe (2013/2536(RSP)) | 108 |
| 2016/C 24/16 | European Parliament resolution of 7 February 2013 on recent attacks on medical aid workers in Pakistan (2013/2537(RSP)) | 111 |

I   Resolutions, recommendations and opinions

RESOLUTIONS

European Parliament

Tuesday 5 February 2013

2016/C 24/01

European Parliament resolution of 5 February 2013 on improving access to finance for SMEs (2012/2134(INI))

2

Wednesday 6 February 2013

2016/C 24/02

European Parliament resolution of 6 February 2013 on the 57th session on UN CSW: Elimination and prevention of all forms of violence against women and girls (2012/2922(RSP))

8

2016/C 24/03

European Parliament resolution of 6 February 2013 on the European Innovation Partnership on Active and Healthy Ageing (2012/2258(INI))

11

2016/C 24/04

European Parliament resolution of 6 February 2013 on the EU strategic objectives for the 16th meeting of the Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), to be held in Bangkok (Thailand) from 3 to 14 March 2013 (2012/2838(RSP))

19

2016/C 24/05

European Parliament resolution of 6 February 2013 on the guidelines for the 2014 budget procedure, Section I — European Parliament, Section II — Council, Section IV — Court of Justice, Section V — Court of Auditors, Section VI — European Economic and Social Committee, Section VII — Committee of the Regions, Section VIII — European Ombudsman, Section IX — European Data Protection Supervisor, Section X — European External Action Service (2013/2003(BUD))

24

2016/C 24/06

European Parliament resolution of 6 February 2013 on corporate social responsibility: accountable, transparent and responsible business behaviour and sustainable growth (2012/2098(INI))

28

2016/C 24/07

European Parliament resolution of 6 February 2013 on Corporate Social Responsibility: promoting society’s interests and a route to sustainable and inclusive recovery (2012/2097(INI))

33

Thursday 7 February 2013

2016/C 24/08

European Parliament resolution of 7 February 2013 on the European Semester for Economic Policy Coordination: Annual Growth Survey 2013 (2012/2256(INI))

49

2016/C 24/09

European Parliament resolution of 7 February 2013 on the European Semester for economic policy coordination: employment and social aspects in the Annual Growth Survey 2013 (2012/2257(INI))

55

2016/C 24/10

European Parliament resolution of 7 February 2013 with recommendations to the Commission on the governance of the Single Market (2012/2260(INL))

75

2016/C 24/11

European Parliament resolution of 7 February 2013 on the 22nd session of the United Nations Human Rights Council (2013/2533(RSP))

89

2016/C 24/12

European Parliament resolution of 7 February 2013 on judicial training — court coordinators (2012/2864(RSP))

97

2016/C 24/13

European Parliament resolution of 7 February 2013 on the 2011 Annual Report of the European Investment Bank (2012/2286(INI))

100

2016/C 24/14

European Parliament resolution of 7 February 2013 on Laos: the case of Sombath Somphone (2013/2535(RSP))

106

2016/C 24/15

European Parliament resolution of 7 February 2013 on the detention of human rights activists in Zimbabwe (2013/2536(RSP))

108

2016/C 24/16

European Parliament resolution of 7 February 2013 on recent attacks on medical aid workers in Pakistan (2013/2537(RSP))

111

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| | III   Preparatory acts |
| --- | --- |
| | EUROPEAN PARLIAMENT |
| | Tuesday 5 February 2013 |
| 2016/C 24/17 | P7_TA(2013)0034Specific measures in favour of agriculture in the smaller Aegean islands ***IEuropean Parliament legislative resolution of 5 February 2013 on the proposal for a regulation of the European Parliament and of the Council laying down specific measures for agriculture in favour of the smaller Aegean islands (COM(2010)0767 — C7-0003/2011 — 2010/0370(COD))P7_TC1-COD(2010)0370Position of the European Parliament at first reading on 5 February 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council laying down specific measures for agriculture in favour of the smaller Aegean islands and repealing Council Regulation (EC) No 1405/2006 | 115 |
| 2016/C 24/18 | P7_TA(2013)0035Specific measures for agriculture in the outermost regions of the Union ***IEuropean Parliament legislative resolution of 5 February 2013 on the proposal for a regulation of the European Parliament and of the Council laying down specific measures for agriculture in the outermost regions of the Union (COM(2010)0498 — C7-0284/2010 — 2010/0256(COD))P7_TC1-COD(2010)0256Position of the European Parliament at first reading on 5 February 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council laying down specific measures for agriculture in the outermost regions of the Union and repealing Council Regulation (EC) No 247/2006 | 116 |
| | Wednesday 6 February 2013 |
| 2016/C 24/19 | European Parliament legislative resolution of 6 February 2013 on the draft Council decision on the conclusion of the Agreement in the form of an Exchange of Letters between the European Union and the United States of America pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Republic of Bulgaria and Romania in the course of their accession to the European Union (12213/2012 — C7-0409/2012 — 2012/0167(NLE)) | 118 |
| 2016/C 24/20 | European Parliament legislative resolution of 6 February 2013 on the proposal for a Council decision on guidelines for the employment policies of the Member States (COM(2012)0709 — C7-0410/2012 — 2012/0335(NLE)) | 118 |
| 2016/C 24/21 | P7_TA(2013)0039Transparency of measures regulating the prices of medicinal products for human use ***IEuropean Parliament legislative resolution of 6 February 2013 on the proposal for a directive of the European Parliament and of the Council relating to the transparency of measures regulating the prices of medicinal products for human use and their inclusion in the scope of public health insurance systems (COM(2012)0084 — C7-0056/2012 — 2012/0035(COD))P7_TC1-COD(2012)0035Position of the European Parliament adopted at first reading on 6 February 2013 with a view to the adoption of Directive 2013/.../EU of the European Parliament and of the Council relating to the transparency of measures regulating the prices of medicinal products for human use and their inclusion in the scope of public health insurance systems (
  1
  ) | 119 |
| 2016/C 24/22 | P7_TA(2013)0040Common fisheries policy ***IEuropean Parliament legislative resolution of 6 February 2013 on the proposal for a regulation of the European Parliament and of the Council on the Common Fisheries Policy (COM(2011)0425 — C7-0198/2011 — 2011/0195(COD))P7_TC1-COD(2011)0195Position of the European Parliament adopted at first reading on 6 February 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council on the Common fisheries policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 768/2005 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC | 134 |
| 2016/C 24/23 | P7_TA(2013)0041Sound level of motor vehicles ***IEuropean Parliament legislative resolution of 6 February 2013 on the proposal for a regulation of the European Parliament and of the Council on the sound level of motor vehicles (COM(2011)0856 — C7-0487/2011 — 2011/0409(COD))P7_TC1-COD(2011)0409Position of the European Parliament adopted at first reading on 6 February 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council on the sound level of motor vehicles (
  1
  ) | 195 |
| 2016/C 24/24 | P7_TA(2013)0042European Refugee Fund, the European Return Fund and the European Fund for the Integration of Third-Country Nationals ***IEuropean Parliament legislative resolution of 6 February 2013 on the proposal for a decision of the European Parliament and of the Council amending Decision No 573/2007/EC, Decision No 575/2007/EC and Council Decision 2007/435/EC with a view to increasing the co-financing rate of the European Refugee Fund, the European Return Fund and the European Fund for the Integration of third-country nationals as regards certain provisions relating to financial management for certain Member States experiencing or threatened with serious difficulties with respect to their financial stability (COM(2012)0526 — C7-0302/2012 — 2012/0252(COD))P7_TC1-COD(2012)0252Position of the European Parliament adopted at first reading on 6 February 2013 with a view to the adoption of Decision No .../2013/EU of the European Parliament and of the Council amending Decisions No 573/2007/EC and No 575/2007/EC of the European Parliament and of the Coucil and Council Decision 2007/435/EC with a view to increasing the co-financing rate of the European Refugee Fund, the European Return Fund and the European Fund for the Integration of third-country nationals as regards certain provisions relating to financial management for certain Member States experiencing or threatened with serious difficulties with respect to their financial stability | 265 |
| 2016/C 24/25 | P7_TA(2013)0043External Borders Fund ***IEuropean Parliament legislative resolution of 6 February 2013 on the proposal for a decision of the European Parliament and of the Council amending Decision No 574/2007/EC with a view to increasing the co-financing rate of the External Borders Fund for certain Member States experiencing or threatened with serious difficulties with respect to their financial stability (COM(2012)0527 — C7-0301/2012 — 2012/0253(COD))P7_TC1-COD(2012)0253Position of the European Parliament adopted at first reading on 6 February 2013 with a view to the adoption of Decision No .../2013/EU of the European Parliament and of the Council amending Decision No 574/2007/EC with a view to increasing the co-financing rate of the External Borders Fund for certain Member States experiencing or threatened with serious difficulties with respect to their financial stability | 266 |
| 2016/C 24/26 | P7_TA(2013)0044Conservation of fishery resources through technical measures for the protection of juveniles of marine organisms ***IEuropean Parliament legislative resolution of 6 February 2013 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 850/98 concerning the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms and repealing Council Regulation (EC) No 1288/2009 (COM(2012)0298 — C7-0156/2012 — 2012/0158(COD))P7_TC1-COD(2012)0158Position of the European Parliament adopted at first reading on 6 February 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council amending Council Regulation (EC) No 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms and Council Regulation (EC) No 1434/98 specifying conditions under which herring may be landed for industrial purposes other than direct human consumption | 267 |
| | Thursday 7 February 2013 |
| 2016/C 24/27 | European Parliament legislative resolution of 7 February 2013 on the proposal for a Council directive amending Directive 2006/112/EC on the common system of value added tax as regards a quick reaction mechanism against VAT fraud (COM(2012)0428 — C7-0260/2012 — 2012/0205(CNS)) | 269 |

III   Preparatory acts

EUROPEAN PARLIAMENT

Tuesday 5 February 2013

2016/C 24/17

P7_TA(2013)0034Specific measures in favour of agriculture in the smaller Aegean islands ***IEuropean Parliament legislative resolution of 5 February 2013 on the proposal for a regulation of the European Parliament and of the Council laying down specific measures for agriculture in favour of the smaller Aegean islands (COM(2010)0767 — C7-0003/2011 — 2010/0370(COD))P7_TC1-COD(2010)0370Position of the European Parliament at first reading on 5 February 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council laying down specific measures for agriculture in favour of the smaller Aegean islands and repealing Council Regulation (EC) No 1405/2006

115

2016/C 24/18

P7_TA(2013)0035Specific measures for agriculture in the outermost regions of the Union ***IEuropean Parliament legislative resolution of 5 February 2013 on the proposal for a regulation of the European Parliament and of the Council laying down specific measures for agriculture in the outermost regions of the Union (COM(2010)0498 — C7-0284/2010 — 2010/0256(COD))P7_TC1-COD(2010)0256Position of the European Parliament at first reading on 5 February 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council laying down specific measures for agriculture in the outermost regions of the Union and repealing Council Regulation (EC) No 247/2006

116

Wednesday 6 February 2013

2016/C 24/19

European Parliament legislative resolution of 6 February 2013 on the draft Council decision on the conclusion of the Agreement in the form of an Exchange of Letters between the European Union and the United States of America pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Republic of Bulgaria and Romania in the course of their accession to the European Union (12213/2012 — C7-0409/2012 — 2012/0167(NLE))

118

2016/C 24/20

European Parliament legislative resolution of 6 February 2013 on the proposal for a Council decision on guidelines for the employment policies of the Member States (COM(2012)0709 — C7-0410/2012 — 2012/0335(NLE))

118

2016/C 24/21

P7_TA(2013)0039Transparency of measures regulating the prices of medicinal products for human use ***IEuropean Parliament legislative resolution of 6 February 2013 on the proposal for a directive of the European Parliament and of the Council relating to the transparency of measures regulating the prices of medicinal products for human use and their inclusion in the scope of public health insurance systems (COM(2012)0084 — C7-0056/2012 — 2012/0035(COD))P7_TC1-COD(2012)0035Position of the European Parliament adopted at first reading on 6 February 2013 with a view to the adoption of Directive 2013/.../EU of the European Parliament and of the Council relating to the transparency of measures regulating the prices of medicinal products for human use and their inclusion in the scope of public health insurance systems (
  1
  )

1

119

2016/C 24/22

P7_TA(2013)0040Common fisheries policy ***IEuropean Parliament legislative resolution of 6 February 2013 on the proposal for a regulation of the European Parliament and of the Council on the Common Fisheries Policy (COM(2011)0425 — C7-0198/2011 — 2011/0195(COD))P7_TC1-COD(2011)0195Position of the European Parliament adopted at first reading on 6 February 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council on the Common fisheries policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 768/2005 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC

134

2016/C 24/23

P7_TA(2013)0041Sound level of motor vehicles ***IEuropean Parliament legislative resolution of 6 February 2013 on the proposal for a regulation of the European Parliament and of the Council on the sound level of motor vehicles (COM(2011)0856 — C7-0487/2011 — 2011/0409(COD))P7_TC1-COD(2011)0409Position of the European Parliament adopted at first reading on 6 February 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council on the sound level of motor vehicles (
  1
  )

1

195

2016/C 24/24

P7_TA(2013)0042European Refugee Fund, the European Return Fund and the European Fund for the Integration of Third-Country Nationals ***IEuropean Parliament legislative resolution of 6 February 2013 on the proposal for a decision of the European Parliament and of the Council amending Decision No 573/2007/EC, Decision No 575/2007/EC and Council Decision 2007/435/EC with a view to increasing the co-financing rate of the European Refugee Fund, the European Return Fund and the European Fund for the Integration of third-country nationals as regards certain provisions relating to financial management for certain Member States experiencing or threatened with serious difficulties with respect to their financial stability (COM(2012)0526 — C7-0302/2012 — 2012/0252(COD))P7_TC1-COD(2012)0252Position of the European Parliament adopted at first reading on 6 February 2013 with a view to the adoption of Decision No .../2013/EU of the European Parliament and of the Council amending Decisions No 573/2007/EC and No 575/2007/EC of the European Parliament and of the Coucil and Council Decision 2007/435/EC with a view to increasing the co-financing rate of the European Refugee Fund, the European Return Fund and the European Fund for the Integration of third-country nationals as regards certain provisions relating to financial management for certain Member States experiencing or threatened with serious difficulties with respect to their financial stability

265

2016/C 24/25

P7_TA(2013)0043External Borders Fund ***IEuropean Parliament legislative resolution of 6 February 2013 on the proposal for a decision of the European Parliament and of the Council amending Decision No 574/2007/EC with a view to increasing the co-financing rate of the External Borders Fund for certain Member States experiencing or threatened with serious difficulties with respect to their financial stability (COM(2012)0527 — C7-0301/2012 — 2012/0253(COD))P7_TC1-COD(2012)0253Position of the European Parliament adopted at first reading on 6 February 2013 with a view to the adoption of Decision No .../2013/EU of the European Parliament and of the Council amending Decision No 574/2007/EC with a view to increasing the co-financing rate of the External Borders Fund for certain Member States experiencing or threatened with serious difficulties with respect to their financial stability

266

2016/C 24/26

P7_TA(2013)0044Conservation of fishery resources through technical measures for the protection of juveniles of marine organisms ***IEuropean Parliament legislative resolution of 6 February 2013 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 850/98 concerning the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms and repealing Council Regulation (EC) No 1288/2009 (COM(2012)0298 — C7-0156/2012 — 2012/0158(COD))P7_TC1-COD(2012)0158Position of the European Parliament adopted at first reading on 6 February 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council amending Council Regulation (EC) No 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms and Council Regulation (EC) No 1434/98 specifying conditions under which herring may be landed for industrial purposes other than direct human consumption

267

Thursday 7 February 2013

2016/C 24/27

European Parliament legislative resolution of 7 February 2013 on the proposal for a Council directive amending Directive 2006/112/EC on the common system of value added tax as regards a quick reaction mechanism against VAT fraud (COM(2012)0428 — C7-0260/2012 — 2012/0205(CNS))

269

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| Key to symbols used






  - | Consultation procedure |
| --- | --- |
| *** | Consent procedure |
| ***I | Ordinary legislative procedure: first reading |
| ***II | Ordinary legislative procedure: second reading |
| ***III | Ordinary legislative procedure: third reading |

Key to symbols used

*

Consultation procedure

***

Consent procedure

***I

Ordinary legislative procedure: first reading

***II

Ordinary legislative procedure: second reading

***III

Ordinary legislative procedure: third reading

(The type of procedure depends on the legal basis proposed by the draft act.)

Amendments by Parliament:

New text is highlighted in
  bold italics
  . Deletions are indicated using either the ▌symbol or strikeout. Replacements are indicated by highlighting the new text in
  bold italics
  and by deleting or striking out the text that has been replaced.

bold italics

bold italics

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| | (1)   Text with EEA relevance |

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(1)   Text with EEA relevance

1

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EN

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22.1.2016

| 22.1.2016 | EN | Official Journal of the European Union | C 24/1 |
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EN

Official Journal of the European Union

C 24/1

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EUROPEAN PARLIAMENT

2012-2013 SESSION

Sittings of 4 to 7 February 2013

The Minutes of this session have been published in OJ C 120 E, 26.4.2013.

TEXTS ADOPTED

---

I Resolutions, recommendations and opinions

RESOLUTIONS

European Parliament

Tuesday 5 February 2013

| 22.1.2016 | EN | Official Journal of the European Union | C 24/2 |
| --- | --- | --- | --- |

22.1.2016

EN

Official Journal of the European Union

C 24/2

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P7_TA(2013)0036

Improving access to finance for SMEs

European Parliament resolution of 5 February 2013 on improving access to finance for SMEs (2012/2134(INI))

(2016/C 024/01)

The European Parliament,

| — | having regard to the Commission Communication ‘An action plan to improve access to finance for SMEs’ (COM(2011)0870), |
| --- | --- |

—

having regard to the Commission Communication ‘An action plan to improve access to finance for SMEs’ (COM(2011)0870),

| — | having regard to the Commission Communication ‘Europe 2020, a strategy for smart, sustainable and inclusive growth (COM(2010)2020), |
| --- | --- |

—

having regard to the Commission Communication ‘Europe 2020, a strategy for smart, sustainable and inclusive growth (COM(2010)2020),

| — | having regard to the Commission Report ‘Minimizing regulatory burden for SMEs — Adapting EU regulation to the needs of micro-enterprises’ (COM(2011)0803), |
| --- | --- |

—

having regard to the Commission Report ‘Minimizing regulatory burden for SMEs — Adapting EU regulation to the needs of micro-enterprises’ (COM(2011)0803),

| — | having regard to the Commission programme for the competitiveness of enterprises and SMEs, the ‘COSME’ programme (COM(2011)0834), |
| --- | --- |

—

having regard to the Commission programme for the competitiveness of enterprises and SMEs, the ‘COSME’ programme (COM(2011)0834),

| — | having regard to the ‘Small Business Act for Europe’ (COM(2008)0394), which recognises the central role of SMEs in the EU economy and aims to strengthen the role played by SMEs and to promote their growth and job-creating potential by alleviating a number of problems which are thought to hamper the development of SMEs, |
| --- | --- |

—

having regard to the ‘Small Business Act for Europe’ (COM(2008)0394), which recognises the central role of SMEs in the EU economy and aims to strengthen the role played by SMEs and to promote their growth and job-creating potential by alleviating a number of problems which are thought to hamper the development of SMEs,

| — | having regard to the Commission Communication of 23 February 2011 on the review of the ‘Small Business Act for Europe’ (COM(2011)0078) and Parliament’s resolution of 12 May 2011 thereon (1), |
| --- | --- |

—

having regard to the Commission Communication of 23 February 2011 on the review of the ‘Small Business Act for Europe’ (COM(2011)0078) and Parliament’s resolution of 12 May 2011 thereon (1),

| — | having regard to the Commission proposal for a regulation of the European Parliament and the Council on European Venture Capital Funds (COM(2011)0860), |
| --- | --- |

—

having regard to the Commission proposal for a regulation of the European Parliament and the Council on European Venture Capital Funds (COM(2011)0860),

| — | having regard to the Commission proposal for a regulation of the European Parliament and the Council on European Social Entrepreneurship Funds (COM(2011)0862), |
| --- | --- |

—

having regard to the Commission proposal for a regulation of the European Parliament and the Council on European Social Entrepreneurship Funds (COM(2011)0862),

| — | having regard to the Commission and European Central Bank study of 2011 on the SMEs’ Access to Finance Survey, |
| --- | --- |

—

having regard to the Commission and European Central Bank study of 2011 on the SMEs’ Access to Finance Survey,

| — | having regard to the Special Report 2/2012 of the Court of Auditors on financial instruments for small and medium-sized enterprises co-financed by the European Regional Development Fund, |
| --- | --- |

—

having regard to the Special Report 2/2012 of the Court of Auditors on financial instruments for small and medium-sized enterprises co-financed by the European Regional Development Fund,

| — | having regard to its resolution of 7 September 2010 on developing the job potential of a new sustainable economy (2), |
| --- | --- |

—

having regard to its resolution of 7 September 2010 on developing the job potential of a new sustainable economy (2),

| — | 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 Economic and Monetary Affairs and the opinions of the Committee on Employment and Social Affairs, the Committee on Internal Market and Consumer Protection, the Committee on Regional Development and the Committee on Legal Affairs (A7-0001/2013), |
| --- | --- |

—

having regard to the report of the Committee on Economic and Monetary Affairs and the opinions of the Committee on Employment and Social Affairs, the Committee on Internal Market and Consumer Protection, the Committee on Regional Development and the Committee on Legal Affairs (A7-0001/2013),

| A. | whereas poorly designed regulation of the financial industry, combined with the severe and pervasive effects of the financial, economic and debt crisis, may cause more difficult access to finance for SMEs; |
| --- | --- |

A.

whereas poorly designed regulation of the financial industry, combined with the severe and pervasive effects of the financial, economic and debt crisis, may cause more difficult access to finance for SMEs;

| B. | whereas it is crucial to create and develop the necessary tools and lay down the right conditions to enable the Union to boost growth in the eurozone and in the Union as whole; |
| --- | --- |

B.

whereas it is crucial to create and develop the necessary tools and lay down the right conditions to enable the Union to boost growth in the eurozone and in the Union as whole;

| C. | whereas bank loans are the main source of financing for SMEs in the European Union; |
| --- | --- |

C.

whereas bank loans are the main source of financing for SMEs in the European Union;

| D. | whereas, according to ECB data, lending rates for SMEs vary greatly among Member States and there are imbalances in access to liquidity, with high rejection rates as regards lending for business projects in some countries; |
| --- | --- |

D.

whereas, according to ECB data, lending rates for SMEs vary greatly among Member States and there are imbalances in access to liquidity, with high rejection rates as regards lending for business projects in some countries;

| E. | whereas SMEs account for more than 98 % of Europe’s businesses and provide more than 67 % of jobs in the Union; whereas they are thus the backbone of the European Union’s economy and important drivers of European long-term economic growth and sustainable job creation opportunities within the 27 Member States; |
| --- | --- |

E.

whereas SMEs account for more than 98 % of Europe’s businesses and provide more than 67 % of jobs in the Union; whereas they are thus the backbone of the European Union’s economy and important drivers of European long-term economic growth and sustainable job creation opportunities within the 27 Member States;

| F. | whereas 85 % of all new jobs in the EU between 2002 and 2010 were created by SMEs, in particular by new firms; whereas 32,5 million people in the EU are self-employed; |
| --- | --- |

F.

whereas 85 % of all new jobs in the EU between 2002 and 2010 were created by SMEs, in particular by new firms; whereas 32,5 million people in the EU are self-employed;

| G. | whereas there are different kinds of SMEs which all have different needs; |
| --- | --- |

G.

whereas there are different kinds of SMEs which all have different needs;

| H. | whereas actions supporting SMEs and entrepreneurship are regulated by the ‘Small Business Act’, which Member States have committed themselves to implementing together with the European Commission; |
| --- | --- |

H.

whereas actions supporting SMEs and entrepreneurship are regulated by the ‘Small Business Act’, which Member States have committed themselves to implementing together with the European Commission;

General issues

| 1. | Welcomes the Commission‘s Action Plan and its broad set of proposals and recommendations regarding SMEs; |
| --- | --- |

1.

Welcomes the Commission‘s Action Plan and its broad set of proposals and recommendations regarding SMEs;

| 2. | Agrees with the Commission that the European Union‘s economic success, excellence and cohesion largely depend on sustainable growth and job creation based on SMEs committed to providing quality products and services; highlights the importance of encouraging economic growth across the spectrum of companies; emphasises that SMEs are part of a broader ‘ecosystem’ of enterprises; notes that in this ‘ecosystem’ there is also a need to ensure an equal focus on improving access to finance for microenterprises and sole traders; notes that larger companies rely extensively on a broad network of smaller SMEs; |
| --- | --- |

2.

Agrees with the Commission that the European Union‘s economic success, excellence and cohesion largely depend on sustainable growth and job creation based on SMEs committed to providing quality products and services; highlights the importance of encouraging economic growth across the spectrum of companies; emphasises that SMEs are part of a broader ‘ecosystem’ of enterprises; notes that in this ‘ecosystem’ there is also a need to ensure an equal focus on improving access to finance for microenterprises and sole traders; notes that larger companies rely extensively on a broad network of smaller SMEs;

| 3. | Stresses that, because of the aggravating effect of the financial and economic crisis, many SMEs have difficulty in accessing finance, and that SMEs need to comply with new and sometimes more stringent regulatory criteria than before; stresses that banking institutions which have benefited during the crisis from state aid, as well as other implicit forms of subsidy provision such as public guarantees and liquidity support from central banks and the European Central Bank, should be subject to targets for their financing amounts and conditions for SMEs; encourages the Commission to continue its efforts in promoting national-level implementation of the ‘Think Small First’ principle, which implies a further simplification of the regulatory and administrative environment for SMEs; |
| --- | --- |

3.

Stresses that, because of the aggravating effect of the financial and economic crisis, many SMEs have difficulty in accessing finance, and that SMEs need to comply with new and sometimes more stringent regulatory criteria than before; stresses that banking institutions which have benefited during the crisis from state aid, as well as other implicit forms of subsidy provision such as public guarantees and liquidity support from central banks and the European Central Bank, should be subject to targets for their financing amounts and conditions for SMEs; encourages the Commission to continue its efforts in promoting national-level implementation of the ‘Think Small First’ principle, which implies a further simplification of the regulatory and administrative environment for SMEs;

| 4. | Underlines the fact that when simplifying the regulatory and administrative environment for SMEs, adequate protection for employees needs to be provided in the fields of social security and occupational health and safety; calls on the Commission and the Member States to tackle possible discrimination in access to finance in the case of SMEs run by disadvantaged people or social groups; |
| --- | --- |

4.

Underlines the fact that when simplifying the regulatory and administrative environment for SMEs, adequate protection for employees needs to be provided in the fields of social security and occupational health and safety; calls on the Commission and the Member States to tackle possible discrimination in access to finance in the case of SMEs run by disadvantaged people or social groups;

| 5. | Notes that in recent years considerable efforts have been made to reduce red tape; |
| --- | --- |

5.

Notes that in recent years considerable efforts have been made to reduce red tape;

| 6. | Highlights the importance of strengthening the local banking system; underlines the responsibility and the functions of banks, ranging from European- to local-scale banks, in terms of investing wisely in the economy and more specifically in SMEs; notes the differences between Member States in the cost of borrowing for SMEs and in access to financing for SMEs resulting from the adverse macroeconomic context, which might have negative competitive implications in border areas; points out that, even though SMEs‘ problems in accessing credit still vary among Member States, the results of the October 2011 ECB Bank Lending Survey show a significant overall tightening of credit standards for loans to SMEs and demonstrate that reducing investments to a minimum can lead to a credit crunch; acknowledges, in addition, that there is a significant demand for micro-credits in the EU; |
| --- | --- |

6.

Highlights the importance of strengthening the local banking system; underlines the responsibility and the functions of banks, ranging from European- to local-scale banks, in terms of investing wisely in the economy and more specifically in SMEs; notes the differences between Member States in the cost of borrowing for SMEs and in access to financing for SMEs resulting from the adverse macroeconomic context, which might have negative competitive implications in border areas; points out that, even though SMEs‘ problems in accessing credit still vary among Member States, the results of the October 2011 ECB Bank Lending Survey show a significant overall tightening of credit standards for loans to SMEs and demonstrate that reducing investments to a minimum can lead to a credit crunch; acknowledges, in addition, that there is a significant demand for micro-credits in the EU;

| 7. | Reiterates that revised public procurement and concession contract rules should not hamper SMEs‘ and micro-enterprises‘ access to the procurement market; |
| --- | --- |

7.

Reiterates that revised public procurement and concession contract rules should not hamper SMEs‘ and micro-enterprises‘ access to the procurement market;

| 8. | Recalls that in Europe the main source of financing for SMEs is the banking sector; believes that because of the fragmentation of the banking sector and the subsequent great divergence in lending rates and credit offer among countries, a differentiated approach to improving SMEs’ access to funding is necessary, taking into account the country-specific circumstances; |
| --- | --- |

8.

Recalls that in Europe the main source of financing for SMEs is the banking sector; believes that because of the fragmentation of the banking sector and the subsequent great divergence in lending rates and credit offer among countries, a differentiated approach to improving SMEs’ access to funding is necessary, taking into account the country-specific circumstances;

The diversity of Small and Medium Enterprises

| 9. | Reminds the Commission that SMEs across Europe are very heterogeneous, ranging from very traditional, family-run businesses to fast-growing enterprises, high-tech firms, micro-enterprises, social enterprises and start-ups, and that approaches to assisting them must be equally diverse; |
| --- | --- |

9.

Reminds the Commission that SMEs across Europe are very heterogeneous, ranging from very traditional, family-run businesses to fast-growing enterprises, high-tech firms, micro-enterprises, social enterprises and start-ups, and that approaches to assisting them must be equally diverse;

| 10. | Points out that in the current situation where insufficient access to appropriate sources of risk capital, particularly in the early stages, continues to be one of the most significant constraints on the creation and development of growth-oriented firms, the Commission’s Action Plan places a lot of emphasis on venture capital as a possible mode of growth finance; underlines nonetheless that this kind of funding is adequate only for a small number of SMEs and that bank loans remain the main source of funding; |
| --- | --- |

10.

Points out that in the current situation where insufficient access to appropriate sources of risk capital, particularly in the early stages, continues to be one of the most significant constraints on the creation and development of growth-oriented firms, the Commission’s Action Plan places a lot of emphasis on venture capital as a possible mode of growth finance; underlines nonetheless that this kind of funding is adequate only for a small number of SMEs and that bank loans remain the main source of funding;

| 11. | Stresses that there is no one-size-fits-all mode of finance and calls on the Commission to support the development of a broad range of tailored programmes, instruments and initiatives, ranging across equity (such as business angels, crowd funding and multilateral trading facilities), quasi-equity (such as mezzanine finance) and debt instruments (such as small-ticket company bonds, guarantee facilities and platforms), in partnerships between banks and other operators involved in SME financing (accountancy professionals, business or SME associations or chambers of commerce), in order to support businesses in their start-up, growth and transfer phases, taking into account their size, turnover and financing needs; |
| --- | --- |

11.

Stresses that there is no one-size-fits-all mode of finance and calls on the Commission to support the development of a broad range of tailored programmes, instruments and initiatives, ranging across equity (such as business angels, crowd funding and multilateral trading facilities), quasi-equity (such as mezzanine finance) and debt instruments (such as small-ticket company bonds, guarantee facilities and platforms), in partnerships between banks and other operators involved in SME financing (accountancy professionals, business or SME associations or chambers of commerce), in order to support businesses in their start-up, growth and transfer phases, taking into account their size, turnover and financing needs;

| 12. | Stresses that the Commission should emphasise the important role that the stock market can play in improving access to liquidity for both SMEs and investors at different stages; recalls that stock markets designed specifically for SMEs are already in place in the eurozone and that they were designed in response to specific market and financing requirements; |
| --- | --- |

12.

Stresses that the Commission should emphasise the important role that the stock market can play in improving access to liquidity for both SMEs and investors at different stages; recalls that stock markets designed specifically for SMEs are already in place in the eurozone and that they were designed in response to specific market and financing requirements;

Vulnerability of SMEs

| 13. | Asks the Commission to subject new regulations relevant to SMEs to an overall and inclusive impact assessment, including a comprehensive test, taking into account the needs and challenges that SMEs have to face; |
| --- | --- |

13.

Asks the Commission to subject new regulations relevant to SMEs to an overall and inclusive impact assessment, including a comprehensive test, taking into account the needs and challenges that SMEs have to face;

| 14. | Highlights the fact that SMEs are often at the end of a long delivery life cycle and hence are the ones affected most by late payments and short payment periods; welcomes, therefore, the Commission’s initiative of strongly encouraging Member States to accelerate the implementation of the Late Payments Directive; |
| --- | --- |

14.

Highlights the fact that SMEs are often at the end of a long delivery life cycle and hence are the ones affected most by late payments and short payment periods; welcomes, therefore, the Commission’s initiative of strongly encouraging Member States to accelerate the implementation of the Late Payments Directive;

| 15. | Underlines the fact that the Commission surveys show that not only access to finance but also access to skills, including managerial skills and financial and accountancy knowledge, are critical factors for SMEs in accessing funds, innovating, competing and growing; believes that the delivery of EU financial instruments should therefore be accompanied by the provision of appropriate mentoring and coaching schemes and knowledge-based business services; |
| --- | --- |

15.

Underlines the fact that the Commission surveys show that not only access to finance but also access to skills, including managerial skills and financial and accountancy knowledge, are critical factors for SMEs in accessing funds, innovating, competing and growing; believes that the delivery of EU financial instruments should therefore be accompanied by the provision of appropriate mentoring and coaching schemes and knowledge-based business services;

| 16. | Considers it necessary to support SMEs at local level in order to develop policies to promote entrepreneurship, improve the situation of SMEs throughout the course of their lifetime and help them gain access to new markets; believes that recognition and exchange of good practices are key elements in this policy; |
| --- | --- |

16.

Considers it necessary to support SMEs at local level in order to develop policies to promote entrepreneurship, improve the situation of SMEs throughout the course of their lifetime and help them gain access to new markets; believes that recognition and exchange of good practices are key elements in this policy;

Professionalising entrepreneurship

| 17. | Notes that entrepreneurs’ lack of knowledge of basic finance limits the quality of business plans and, consequently, the success of credit applications; calls on the Member States, therefore, to provide professional training support for potential entrepreneurs and to provide support for partnerships between banks, chambers of commerce, business associations and accountancy professionals; |
| --- | --- |

17.

Notes that entrepreneurs’ lack of knowledge of basic finance limits the quality of business plans and, consequently, the success of credit applications; calls on the Member States, therefore, to provide professional training support for potential entrepreneurs and to provide support for partnerships between banks, chambers of commerce, business associations and accountancy professionals;

| 18. | Believes that female entrepreneurship is an untapped resource for the growth and competitiveness of the EU, which should be fostered and strengthened, and that all the obstacles facing women in the labour market should be removed; |
| --- | --- |

18.

Believes that female entrepreneurship is an untapped resource for the growth and competitiveness of the EU, which should be fostered and strengthened, and that all the obstacles facing women in the labour market should be removed;

| 19. | Believes that developing entrepreneurship skills and programmes to learn how the market, economy and the financial system operate, function and interact should be included in basic education systems; believes that a well prepared business plan is the first step towards better access to finance and viability; calls on the Commission and the Member States to include financial education in their education programmes without any delay; supports in this connection the ‘Erasmus for Young Entrepreneurs’ programme, designed to promote an entrepreneurial culture and develop the single market and competitiveness; |
| --- | --- |

19.

Believes that developing entrepreneurship skills and programmes to learn how the market, economy and the financial system operate, function and interact should be included in basic education systems; believes that a well prepared business plan is the first step towards better access to finance and viability; calls on the Commission and the Member States to include financial education in their education programmes without any delay; supports in this connection the ‘Erasmus for Young Entrepreneurs’ programme, designed to promote an entrepreneurial culture and develop the single market and competitiveness;

| 20. | Believes that what is needed is a special strategy for start-ups and financial tools to implement innovative projects and develop the creativity of young entrepreneurs; |
| --- | --- |

20.

Believes that what is needed is a special strategy for start-ups and financial tools to implement innovative projects and develop the creativity of young entrepreneurs;

| 21. | Highlights the fact that in some Member States there is already some best practice in the field of improving preparation of entrepreneurs; calls on the Commission to support its implementation in other Member States; |
| --- | --- |

21.

Highlights the fact that in some Member States there is already some best practice in the field of improving preparation of entrepreneurs; calls on the Commission to support its implementation in other Member States;

| 22. | Stresses that informing entrepreneurs and potential entrepreneurs and banks in simplified terms and on a regular basis about training initiatives, EU funding and programmes for SMEs is indispensable at national, regional and local level, as they need to take advantage of all the available opportunities and measures; calls on the Commission to ensure that national SME organisations are properly informed of EU initiatives and policy proposals; |
| --- | --- |

22.

Stresses that informing entrepreneurs and potential entrepreneurs and banks in simplified terms and on a regular basis about training initiatives, EU funding and programmes for SMEs is indispensable at national, regional and local level, as they need to take advantage of all the available opportunities and measures; calls on the Commission to ensure that national SME organisations are properly informed of EU initiatives and policy proposals;

| 23. | Calls for increased communication efforts from the EIB group to promote financial schemes vis-à-vis the SME community in cooperation with SME organisations; |
| --- | --- |

23.

Calls for increased communication efforts from the EIB group to promote financial schemes vis-à-vis the SME community in cooperation with SME organisations;

| 24. | Points out that guidance for entrepreneurs who have gone bankrupt is indispensable, given that 15 % of businesses that close do so as a result of bankruptcy; supports the simplification and shortening of bankruptcy procedures in order to give the entrepreneurs in question a second chance, as businesses set up by re-starters might perform better; |
| --- | --- |

24.

Points out that guidance for entrepreneurs who have gone bankrupt is indispensable, given that 15 % of businesses that close do so as a result of bankruptcy; supports the simplification and shortening of bankruptcy procedures in order to give the entrepreneurs in question a second chance, as businesses set up by re-starters might perform better;

Transparency

| 25. | Notes that creditors‘ knowledge of credit tools is generally better than that of entrepreneurs and that entrepreneurs should communicate better with creditors about their business plan and their long-term strategy; stresses that this information gap creates difficulties when a credit application is being discussed; recognises that there is a need on the part of SMEs to get specially tailored advice on credit opportunities; calls on the Commission to foster the sharing of best practices on specific solutions concerning dialogue, cooperation and exchange of information between creditors and entrepreneurs; calls on the Commission to strengthen the dialogue and cooperation between entrepreneurs and creditors; |
| --- | --- |

25.

Notes that creditors‘ knowledge of credit tools is generally better than that of entrepreneurs and that entrepreneurs should communicate better with creditors about their business plan and their long-term strategy; stresses that this information gap creates difficulties when a credit application is being discussed; recognises that there is a need on the part of SMEs to get specially tailored advice on credit opportunities; calls on the Commission to foster the sharing of best practices on specific solutions concerning dialogue, cooperation and exchange of information between creditors and entrepreneurs; calls on the Commission to strengthen the dialogue and cooperation between entrepreneurs and creditors;

| 26. | Emphasises that creditors should set clear and specific criteria on applying for finance in a transparent manner; stresses that when a creditor fully or partially rejects a credit application, the creditor must inform the entrepreneur adequately and constructively of the reasons for the rejection; calls on the Commission to define clear guidelines on this constructive approach to transparency; |
| --- | --- |

26.

Emphasises that creditors should set clear and specific criteria on applying for finance in a transparent manner; stresses that when a creditor fully or partially rejects a credit application, the creditor must inform the entrepreneur adequately and constructively of the reasons for the rejection; calls on the Commission to define clear guidelines on this constructive approach to transparency;

| 27. | Notes that when repaying a loan early, SMEs have to pay the funding loss, and often an additional fine, to the creditor, which results in a total cost that is too high to bear; calls on the Commission to propose more transparency in all contracts on early repayment for SMEs and to study the possibility of a cap to limit the costs of this kind of operation; |
| --- | --- |

27.

Notes that when repaying a loan early, SMEs have to pay the funding loss, and often an additional fine, to the creditor, which results in a total cost that is too high to bear; calls on the Commission to propose more transparency in all contracts on early repayment for SMEs and to study the possibility of a cap to limit the costs of this kind of operation;

| 28. | Notes that SMEs are being confronted with increasingly stringent requirements, including personal guarantees, in order to obtain financing from credit institutions; notes that increased interest rates might lead to an increase in non-price terms and conditions, including personal guarantees; considers, therefore, that the legislation required to regulate the financial industry must explicitly protect and stimulate effective lending to the real economy, in particular to SMEs; |
| --- | --- |

28.

Notes that SMEs are being confronted with increasingly stringent requirements, including personal guarantees, in order to obtain financing from credit institutions; notes that increased interest rates might lead to an increase in non-price terms and conditions, including personal guarantees; considers, therefore, that the legislation required to regulate the financial industry must explicitly protect and stimulate effective lending to the real economy, in particular to SMEs;

| 29. | Calls on the Member States to reduce the administrative burden at the start-up and during the lifetime of the SME, given the differences between countries in this field that are hindering the completion of the single market; stresses that it is important to reduce the number of days required to start up a new business; asks the Commission to study the best potential practices to be implemented in Member States; calls on the Commission to assess the possibility of introducing a single SME identification number, stored in a single European database for SMEs, including all financial data, allowing SMEs to apply more easily for EU and national programmes and funding; points out that when introducing an SME identification number such as this, attention must be paid to data protection principles; |
| --- | --- |

29.

Calls on the Member States to reduce the administrative burden at the start-up and during the lifetime of the SME, given the differences between countries in this field that are hindering the completion of the single market; stresses that it is important to reduce the number of days required to start up a new business; asks the Commission to study the best potential practices to be implemented in Member States; calls on the Commission to assess the possibility of introducing a single SME identification number, stored in a single European database for SMEs, including all financial data, allowing SMEs to apply more easily for EU and national programmes and funding; points out that when introducing an SME identification number such as this, attention must be paid to data protection principles;

| 30. | Welcomes the Commission’s proposal to promote the use of qualitative ratings as a tool to complement the standard quantitative assessment of SMEs’ creditworthiness; |
| --- | --- |

30.

Welcomes the Commission’s proposal to promote the use of qualitative ratings as a tool to complement the standard quantitative assessment of SMEs’ creditworthiness;

New ways of funding

| 31. | Welcomes the Commission’s new funding programmes, which take account of the specific characteristics of SMEs; calls on the Commission to develop further EU funding tailor-made for SMEs; underlines the fact that fragmentation of funding should be avoided and that funding can be effective only when it is able to cover a substantial part of what is needed by the SMEs in question; |
| --- | --- |

31.

Welcomes the Commission’s new funding programmes, which take account of the specific characteristics of SMEs; calls on the Commission to develop further EU funding tailor-made for SMEs; underlines the fact that fragmentation of funding should be avoided and that funding can be effective only when it is able to cover a substantial part of what is needed by the SMEs in question;

| 32. | Strongly believes that the financial envelope for the debt and equity finance instruments under the COSME Programme and under Horizon 2020 should be substantially increased, and access to them for SMEs considerably improved; |
| --- | --- |

32.

Strongly believes that the financial envelope for the debt and equity finance instruments under the COSME Programme and under Horizon 2020 should be substantially increased, and access to them for SMEs considerably improved;

| 33. | Takes the view that the Commission should explore ways to improve the European quasi- equity market, in particular mezzanine finance; recommends that the Commission investigate how to strengthen the EIF Mezzanine facility for Growth and that it look into new mezzanine products such as a guarantee for mezzanine loans; recommends also that data and analysis regarding financial instruments be provided in order to reduce barriers for financial intermediaries who may wish to explore the lending market for mezzanine capital in the EU; |
| --- | --- |

33.

Takes the view that the Commission should explore ways to improve the European quasi- equity market, in particular mezzanine finance; recommends that the Commission investigate how to strengthen the EIF Mezzanine facility for Growth and that it look into new mezzanine products such as a guarantee for mezzanine loans; recommends also that data and analysis regarding financial instruments be provided in order to reduce barriers for financial intermediaries who may wish to explore the lending market for mezzanine capital in the EU;

| 34. | Calls for at least 20 % of the Horizon 2020 budget to be allocated to SMEs; |
| --- | --- |

34.

Calls for at least 20 % of the Horizon 2020 budget to be allocated to SMEs;

| 35. | Notes that capital guarantees are widely appreciated and used by SMEs and credit institutions; welcomes the efforts of the Commission on this issue; calls on the Member States to implement an appropriate framework for capital guarantees; |
| --- | --- |

35.

Notes that capital guarantees are widely appreciated and used by SMEs and credit institutions; welcomes the efforts of the Commission on this issue; calls on the Member States to implement an appropriate framework for capital guarantees;

| 36. | Calls on the Commission to provide an appropriate, tailored regulatory framework for issuers of funding to SMEs that does not prove burdensome for them and also wins investors’ confidence (under the European legislation on accounting standards, the Prospectus Directive, the Transparency Directive, the Market Abuse Directive and the MIFID); |
| --- | --- |

36.

Calls on the Commission to provide an appropriate, tailored regulatory framework for issuers of funding to SMEs that does not prove burdensome for them and also wins investors’ confidence (under the European legislation on accounting standards, the Prospectus Directive, the Transparency Directive, the Market Abuse Directive and the MIFID);

| 37. | Welcomes the agreement reached at the European Council meeting of 28 and 29 June 2012 to increase the EIB‘s capital by EUR 10 billion, which will enable the EIB group to boost its lending capacity within the Union by approximately EUR 60 billion over the period 2012-2015 and leverage some EUR 180 billion of total investment, and thus play a welcome role as part of the concerted efforts to boost the European economy; welcomes the fact that the EIB in its lending priorities specifically identified the need to extend the range of banking partners for SME lending so as to include new financial and non-conventional intermediaries; stresses that this new commitment must not undermine the parallel efforts to strengthen and improve the joint EIB-Union budget instruments used to share risk and take equity stakes; in light of this, calls on the Commission to strengthen and optimise the risk-sharing instruments of the European Investment Bank and the European Investment Fund programmes for portfolios of equity or mezzanine financing granted by financial institutions (intermediaries) to SMEs; recognises that cohesion policy is one of the main sources of financial support for SMEs and that funding programmes under the Structural Funds, a reduction in red tape and increased speed and efficiency are essential to fostering the recovery of the EU economy and its competitiveness; |
| --- | --- |

37.

Welcomes the agreement reached at the European Council meeting of 28 and 29 June 2012 to increase the EIB‘s capital by EUR 10 billion, which will enable the EIB group to boost its lending capacity within the Union by approximately EUR 60 billion over the period 2012-2015 and leverage some EUR 180 billion of total investment, and thus play a welcome role as part of the concerted efforts to boost the European economy; welcomes the fact that the EIB in its lending priorities specifically identified the need to extend the range of banking partners for SME lending so as to include new financial and non-conventional intermediaries; stresses that this new commitment must not undermine the parallel efforts to strengthen and improve the joint EIB-Union budget instruments used to share risk and take equity stakes; in light of this, calls on the Commission to strengthen and optimise the risk-sharing instruments of the European Investment Bank and the European Investment Fund programmes for portfolios of equity or mezzanine financing granted by financial institutions (intermediaries) to SMEs; recognises that cohesion policy is one of the main sources of financial support for SMEs and that funding programmes under the Structural Funds, a reduction in red tape and increased speed and efficiency are essential to fostering the recovery of the EU economy and its competitiveness;

| 38. | Calls on the Commission to establish a permanent European Guarantee Platform under the European Investment Fund to ease SMEs‘ access to finance, which would improve the development of guarantees or lending products based on European guarantees and reduce bank capital requirements and risk exposure for financial intermediaries; |
| --- | --- |

38.

Calls on the Commission to establish a permanent European Guarantee Platform under the European Investment Fund to ease SMEs‘ access to finance, which would improve the development of guarantees or lending products based on European guarantees and reduce bank capital requirements and risk exposure for financial intermediaries;

| 39. | Encourages the EIB to build further on its Project Microfinance initiative and in so doing to foster its contribution to delivering on EU policy priorities in the area of social inclusion; |
| --- | --- |

39.

Encourages the EIB to build further on its Project Microfinance initiative and in so doing to foster its contribution to delivering on EU policy priorities in the area of social inclusion;

| 40. | Notes that in some Member States there is a record amount of household savings in bank accounts, while in other Member States deposits are reducing because of the effects of the crisis; stresses that creating a proper framework of incentives to activate these household savings should facilitate SMEs’ access to finance, both domestic and cross-border, and boost the EU economy; calls on the Commission to come forward with a proposal on the activation of these savings, for example by introducing incentives based on the best practices existing in the Member States; |
| --- | --- |

40.

Notes that in some Member States there is a record amount of household savings in bank accounts, while in other Member States deposits are reducing because of the effects of the crisis; stresses that creating a proper framework of incentives to activate these household savings should facilitate SMEs’ access to finance, both domestic and cross-border, and boost the EU economy; calls on the Commission to come forward with a proposal on the activation of these savings, for example by introducing incentives based on the best practices existing in the Member States;

| 41. | Notes that SMEs contribute to getting people into work in regions where employment levels are lower, stimulating an increase in employment and helping to meet the current needs of the inhabitants, thus having a positive effect on the development of local communities; believes, therefore, that the development of SMEs is one way of reducing disparities at national level; |
| --- | --- |

41.

Notes that SMEs contribute to getting people into work in regions where employment levels are lower, stimulating an increase in employment and helping to meet the current needs of the inhabitants, thus having a positive effect on the development of local communities; believes, therefore, that the development of SMEs is one way of reducing disparities at national level;

| 42. | Welcomes the support provided to SMEs and micro-enterprises through initiatives such as the PSCI, the Creative Europe Programme (including the Cultural and Creative Sector Loan Guarantee Facility), COSME and Horizon 2020, all of which provide new ways of developing the skills and knowledge that enable SMEs and micro-enterprises to develop dynamically; |
| --- | --- |

42.

Welcomes the support provided to SMEs and micro-enterprises through initiatives such as the PSCI, the Creative Europe Programme (including the Cultural and Creative Sector Loan Guarantee Facility), COSME and Horizon 2020, all of which provide new ways of developing the skills and knowledge that enable SMEs and micro-enterprises to develop dynamically;

| 43. | Calls on the Commission and the Member States to address ways of improving access to finance for SMEs aiming to provide innovative works, supplies or services to the public sector; calls in particular for measures to improve financing conditions by ensuring that venture capital and other relevant funding streams fully recognise the growth potential of innovative enterprises working with public-sector partners, both on pre-commercial procurement projects and in the context of Innovation Partnerships; |
| --- | --- |

43.

Calls on the Commission and the Member States to address ways of improving access to finance for SMEs aiming to provide innovative works, supplies or services to the public sector; calls in particular for measures to improve financing conditions by ensuring that venture capital and other relevant funding streams fully recognise the growth potential of innovative enterprises working with public-sector partners, both on pre-commercial procurement projects and in the context of Innovation Partnerships;

| 44. | Stresses that a fair, open and transparent EU regulatory framework for public procurement and the proportionate, transparent and non-discriminatory enforcement of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (3) are indispensable in order for SMEs to gain better access to public contracts and actually be able to deliver on such contracts; |
| --- | --- |

44.

Stresses that a fair, open and transparent EU regulatory framework for public procurement and the proportionate, transparent and non-discriminatory enforcement of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (3) are indispensable in order for SMEs to gain better access to public contracts and actually be able to deliver on such contracts;

| 45. | Adds that measures must be taken to ensure that the simplification of cross-border activity for SMEs does not at the same time facilitate cross-border activity in the context of fictitious self-employment, especially in the construction sector; |
| --- | --- |

45.

Adds that measures must be taken to ensure that the simplification of cross-border activity for SMEs does not at the same time facilitate cross-border activity in the context of fictitious self-employment, especially in the construction sector;

o

o o

| 46. | Instructs its President to forward this resolution to the Council, the European Central Bank, the European Investment Bank, the Commission and the governments and parliaments of the Member States. |
| --- | --- |

46.

Instructs its President to forward this resolution to the Council, the European Central Bank, the European Investment Bank, the Commission and the governments and parliaments of the Member States.

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(1)  OJ C 377 E, 7.12.2012, p. 102.

(2)  OJ C 308 E, 20.10.2011, p. 6.

(3)  OJ L 18, 21.1.1997, p. 1.

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Wednesday 6 February 2013

| 22.1.2016 | EN | Official Journal of the European Union | C 24/8 |
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22.1.2016

EN

Official Journal of the European Union

C 24/8

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P7_TA(2013)0045

Elimination and prevention of all forms of violence against women and girls

European Parliament resolution of 6 February 2013 on the 57th session on UN CSW: Elimination and prevention of all forms of violence against women and girls (2012/2922(RSP))

(2016/C 024/02)

The European Parliament,

| — | having regard to the Fourth World Conference on Women, held in Beijing in September 1995, the Declaration and Platform for Action adopted in Beijing and the subsequent outcome documents adopted at the United Nations Beijing + 5 and Beijing + 10 Special Sessions on further actions and initiatives to implement the Beijing Declaration and Platform for Action, adopted on 9 June 2000 and 11 March 2005 respectively, |
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having regard to the Fourth World Conference on Women, held in Beijing in September 1995, the Declaration and Platform for Action adopted in Beijing and the subsequent outcome documents adopted at the United Nations Beijing + 5 and Beijing + 10 Special Sessions on further actions and initiatives to implement the Beijing Declaration and Platform for Action, adopted on 9 June 2000 and 11 March 2005 respectively,

| — | having regard to the 1979 UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), |
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having regard to the 1979 UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW),

| — | having regard to the Commission communication of 1 March 2006 entitled ‘A Roadmap for equality between women and men 2006-2010’ (COM(2006)0092), |
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having regard to the Commission communication of 1 March 2006 entitled ‘A Roadmap for equality between women and men 2006-2010’ (COM(2006)0092),

| — | having regard to its resolution of 25 February 2010 on Beijing + 15 — UN Platform for Action for Gender Equality (1), |
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having regard to its resolution of 25 February 2010 on Beijing + 15 — UN Platform for Action for Gender Equality (1),

| — | having regard to its resolution of 5 April 2011 on priorities and outline of a new EU policy framework to fight violence against women (2), |
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having regard to its resolution of 5 April 2011 on priorities and outline of a new EU policy framework to fight violence against women (2),

| — | having regard to the Council of Europe Convention on preventing and combating violence against women and domestic violence, |
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having regard to the Council of Europe Convention on preventing and combating violence against women and domestic violence,

| — | having regard to the EU Guidelines on Violence Against Women and Girls and Combating All Forms of Discrimination Against Them (General Affairs Council of 8 December 2008), and the Action Plan on Gender Equality and Women’s Empowerment in Development as part of the Council Conclusions on the MDGs adopted in June 2010 (Foreign Affairs Council), |
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having regard to the EU Guidelines on Violence Against Women and Girls and Combating All Forms of Discrimination Against Them (General Affairs Council of 8 December 2008), and the Action Plan on Gender Equality and Women’s Empowerment in Development as part of the Council Conclusions on the MDGs adopted in June 2010 (Foreign Affairs Council),

| — | having regard to the report of the meeting of the Expert Group on the Prevention of Violence against Women and Girls held in Bangkok from 17 to 20 September 2012, |
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having regard to the report of the meeting of the Expert Group on the Prevention of Violence against Women and Girls held in Bangkok from 17 to 20 September 2012,

| — | having regard to the outcome report of the UN Stakeholders’ Forum on Preventing and Eliminating Violence against Women, convened at UN headquarters on 13 and 14 December 2012, |
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having regard to the outcome report of the UN Stakeholders’ Forum on Preventing and Eliminating Violence against Women, convened at UN headquarters on 13 and 14 December 2012,

| — | having regard to the question to the Commission on the 57th session on UN CSW: Elimination and prevention of all forms of violence against women and girls (O-000004/2013 — B7-0111/2013), |
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having regard to the question to the Commission on the 57th session on UN CSW: Elimination and prevention of all forms of violence against women and girls (O-000004/2013 — B7-0111/2013),

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

| A. | whereas violence against women and girls remains one of the most serious global and structural human rights violations, and is a phenomenon that involves victims and perpetrators of all ages, educational backgrounds, incomes and social positions, and is both a consequence and a cause of inequality between women and men; |
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A.

whereas violence against women and girls remains one of the most serious global and structural human rights violations, and is a phenomenon that involves victims and perpetrators of all ages, educational backgrounds, incomes and social positions, and is both a consequence and a cause of inequality between women and men;

| B. | whereas violence against women persists in every country in the world as a pervasive violation of human rights and a major impediment to achieving gender equality and empowering women; whereas it affects women and girls in all parts of the world, irrespective of factors such as age, class, or economic background, and harms families and communities, has significant economic and social costs, and restricts and undermines economic growth and development; |
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B.

whereas violence against women persists in every country in the world as a pervasive violation of human rights and a major impediment to achieving gender equality and empowering women; whereas it affects women and girls in all parts of the world, irrespective of factors such as age, class, or economic background, and harms families and communities, has significant economic and social costs, and restricts and undermines economic growth and development;

| C. | whereas all forms of violence against women need to be tackled, namely physical, sexual and psychological violence, as defined in the Beijing Platform for Action, as they all restrict women’s possibility to fully enjoy human rights and fundamental freedoms; |
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C.

whereas all forms of violence against women need to be tackled, namely physical, sexual and psychological violence, as defined in the Beijing Platform for Action, as they all restrict women’s possibility to fully enjoy human rights and fundamental freedoms;

| D. | whereas harassment and violence against women encompass a wide range of human rights violations such as: sexual abuse, rape, domestic violence, sexual assault and harassment, prostitution, trafficking of women and girls, violation of women’s sexual and reproductive rights, violence against women at work, violence against women in conflict situations, violence against women in prison or care institutions, violence against lesbians, arbitrary deprivation of liberty, and various harmful traditional practices such as genital mutilation, crimes of honour and forced marriages; whereas any one of these abuses can leave deep psychological scars and involve physical or sexual harm or suffering, threats of such acts and coercion, damage the general health of women and girls, including their reproductive and sexual health, and in some instances result in death; |
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D.

whereas harassment and violence against women encompass a wide range of human rights violations such as: sexual abuse, rape, domestic violence, sexual assault and harassment, prostitution, trafficking of women and girls, violation of women’s sexual and reproductive rights, violence against women at work, violence against women in conflict situations, violence against women in prison or care institutions, violence against lesbians, arbitrary deprivation of liberty, and various harmful traditional practices such as genital mutilation, crimes of honour and forced marriages; whereas any one of these abuses can leave deep psychological scars and involve physical or sexual harm or suffering, threats of such acts and coercion, damage the general health of women and girls, including their reproductive and sexual health, and in some instances result in death;

| E. | whereas, while gender inequality and discrimination increase the risks of violence, other forms of discrimination on grounds such as disability or belonging to a minority group, can increase women’s risks of exposure to violence and exploitation; whereas the current responses to violence against women and girls and any accompanying prevention strategies are not sufficiently inclusive of women and girls who suffer multiple forms of discrimination; |
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E.

whereas, while gender inequality and discrimination increase the risks of violence, other forms of discrimination on grounds such as disability or belonging to a minority group, can increase women’s risks of exposure to violence and exploitation; whereas the current responses to violence against women and girls and any accompanying prevention strategies are not sufficiently inclusive of women and girls who suffer multiple forms of discrimination;

| F. | whereas numerous structural forms of violence against women exist, among them limiting women’s right to choose, their right to their bodies and bodily integrity, their right to education, and their right to self-determination, and depriving women of their full civil and political rights; recalls that a society where women and men are not ensured equal rights perpetuates a structural form of violence against women and girls; |
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F.

whereas numerous structural forms of violence against women exist, among them limiting women’s right to choose, their right to their bodies and bodily integrity, their right to education, and their right to self-determination, and depriving women of their full civil and political rights; recalls that a society where women and men are not ensured equal rights perpetuates a structural form of violence against women and girls;

| G. | whereas both local and international NGOs, such as advocacy groups and those running women’s shelters, emergency phone lines and support structures, are essential for progress to be made in eradicating violence against women and gender-based violence; |
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G.

whereas both local and international NGOs, such as advocacy groups and those running women’s shelters, emergency phone lines and support structures, are essential for progress to be made in eradicating violence against women and gender-based violence;

| H. | whereas working to end violence against women and gender-based violence, if it is to be effective, requires international cooperation and action, firm commitment from political leaders at all levels, as well as more substantial levels of financing; |
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H.

whereas working to end violence against women and gender-based violence, if it is to be effective, requires international cooperation and action, firm commitment from political leaders at all levels, as well as more substantial levels of financing;

| I. | whereas UN policies and actions for eliminating violence against women and girls and gender-based violence are of the utmost importance in bringing these issues to the forefront of international policy-making and action, and in encouraging EU Member States to address the issue of violence against women more systematically; |
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I.

whereas UN policies and actions for eliminating violence against women and girls and gender-based violence are of the utmost importance in bringing these issues to the forefront of international policy-making and action, and in encouraging EU Member States to address the issue of violence against women more systematically;

| 1. | Confirms its commitment to the Beijing Platform for Action and to the range of actions for gender equality outlined therein; reiterates that working to end violence against women and girls demands a coordinated and multisectoral approach, involving all stakeholders and also addressing the underlying causes of violence, such as direct or indirect discrimination, prevailing gender stereotypes, and lack of equality between women and men; |
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1.

Confirms its commitment to the Beijing Platform for Action and to the range of actions for gender equality outlined therein; reiterates that working to end violence against women and girls demands a coordinated and multisectoral approach, involving all stakeholders and also addressing the underlying causes of violence, such as direct or indirect discrimination, prevailing gender stereotypes, and lack of equality between women and men;

| 2. | Underlines the importance of a positive outcome at the 57th session of the UN CSW to be held from 4 to 15 March 2013, including the adoption of a set of forward-looking agreed conclusions that will contribute in a significant way to ending violence against women and girls, including women with disabilities, indigenous women, migrant women, adolescent girls and women with HIV/AIDS, thus making a difference worldwide; |
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2.

Underlines the importance of a positive outcome at the 57th session of the UN CSW to be held from 4 to 15 March 2013, including the adoption of a set of forward-looking agreed conclusions that will contribute in a significant way to ending violence against women and girls, including women with disabilities, indigenous women, migrant women, adolescent girls and women with HIV/AIDS, thus making a difference worldwide;

| 3. | Considers that among the key priorities for addressing violence against women and girls should be the elimination of discriminatory socio-cultural attitudes that reinforce women’s subordinate place in society and result in the toleration of violence against women and girls in both private and public spheres, in the home and in workplaces and educational institutions; in this context, hopes there will be accelerated progress in the development of international legal norms, standards and policies that will improve services and protection for victims, raise awareness in order to change behaviour and attitudes, and, above all, ensure sufficient and consistent implementation in all parts of the world; |
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3.

Considers that among the key priorities for addressing violence against women and girls should be the elimination of discriminatory socio-cultural attitudes that reinforce women’s subordinate place in society and result in the toleration of violence against women and girls in both private and public spheres, in the home and in workplaces and educational institutions; in this context, hopes there will be accelerated progress in the development of international legal norms, standards and policies that will improve services and protection for victims, raise awareness in order to change behaviour and attitudes, and, above all, ensure sufficient and consistent implementation in all parts of the world;

| 4. | Considers that the EU and its Member States, in order to become more efficient actors globally, must also step up their domestic efforts to eliminate violence against women and gender-based violence; therefore reiterates its call on the Commission to propose an EU strategy against violence against women, including a directive laying down minimum standards; in this context, also calls on both the EU and the individual Member States to sign and ratify the Council of Europe Convention on preventing and combating violence against women and domestic violence; |
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4.

Considers that the EU and its Member States, in order to become more efficient actors globally, must also step up their domestic efforts to eliminate violence against women and gender-based violence; therefore reiterates its call on the Commission to propose an EU strategy against violence against women, including a directive laying down minimum standards; in this context, also calls on both the EU and the individual Member States to sign and ratify the Council of Europe Convention on preventing and combating violence against women and domestic violence;

| 5. | Calls on the Commission and the Member States to review the policies, programmes and resources available for confronting violence within and outside the EU, and to strengthen their strategy with upgraded instruments and ambitious goals; |
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5.

Calls on the Commission and the Member States to review the policies, programmes and resources available for confronting violence within and outside the EU, and to strengthen their strategy with upgraded instruments and ambitious goals;

| 6. | Calls on the EU and its Member States to increase their resource allocation for ending violence against women and girls, including at local, national, European, and global levels, and to provide support to actors who are working to end violence against women and gender-based violence, in particular to NGOs active in this field; |
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6.

Calls on the EU and its Member States to increase their resource allocation for ending violence against women and girls, including at local, national, European, and global levels, and to provide support to actors who are working to end violence against women and gender-based violence, in particular to NGOs active in this field;

| 7. | Expresses its strong support for the work of UN WOMEN, which is a central actor in the UN system for eliminating violence against women and girls worldwide and bringing together all relevant stakeholders in order to generate policy change and coordinate actions; calls on all UN member states, as well as on the EU, to increase their funding for UN WOMEN; |
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7.

Expresses its strong support for the work of UN WOMEN, which is a central actor in the UN system for eliminating violence against women and girls worldwide and bringing together all relevant stakeholders in order to generate policy change and coordinate actions; calls on all UN member states, as well as on the EU, to increase their funding for UN WOMEN;

| 8. | Calls on the EU External Action Service to make increasing efforts to ensure that the human rights of women and girls are protected and advanced in all actions and dialogues involving it, and to speed up its implementation of the EU Guidelines on Violence Against Women and Girls and Combating All Forms of Discrimination Against Them, as well as creating closer links with the work being carried out against violence against women and girls in the framework of EU development cooperation, while also supporting defenders of women’s rights, human rights and LGBT rights; |
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8.

Calls on the EU External Action Service to make increasing efforts to ensure that the human rights of women and girls are protected and advanced in all actions and dialogues involving it, and to speed up its implementation of the EU Guidelines on Violence Against Women and Girls and Combating All Forms of Discrimination Against Them, as well as creating closer links with the work being carried out against violence against women and girls in the framework of EU development cooperation, while also supporting defenders of women’s rights, human rights and LGBT rights;

| 9. | Calls for the development of programmes and institutional mechanisms at international and regional levels, so as to ensure that prevention strategies against violence against women and girls are at the centre of all international actions designed to respond to humanitarian crises related to conflict and post-conflict situations or natural disasters; |
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9.

Calls for the development of programmes and institutional mechanisms at international and regional levels, so as to ensure that prevention strategies against violence against women and girls are at the centre of all international actions designed to respond to humanitarian crises related to conflict and post-conflict situations or natural disasters;

| 10. | Calls on the EU to fully support the Expert Group’s recommendation that the CSW 2013 should agree to develop a Global Implementation Plan to End Violence against Women and Girls, having a particular focus on the prevention of violence and providing monitoring and operational guidance regarding the existing international obligations (CEDAW and BPFA), to be endorsed by all UN member states and to be launched in 2015; |
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10.

Calls on the EU to fully support the Expert Group’s recommendation that the CSW 2013 should agree to develop a Global Implementation Plan to End Violence against Women and Girls, having a particular focus on the prevention of violence and providing monitoring and operational guidance regarding the existing international obligations (CEDAW and BPFA), to be endorsed by all UN member states and to be launched in 2015;

| 11. | Calls on the EU to support the launching of a Global Advocacy Campaign for the prevention of violence against women and girls and gender-based violence, in order to take further steps to make our communities and countries safe and fully respect the human rights of women and girls worldwide; believes this campaign should build on existing partnerships between states and other relevant actors, including civil society and women’s organisations; |
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11.

Calls on the EU to support the launching of a Global Advocacy Campaign for the prevention of violence against women and girls and gender-based violence, in order to take further steps to make our communities and countries safe and fully respect the human rights of women and girls worldwide; believes this campaign should build on existing partnerships between states and other relevant actors, including civil society and women’s organisations;

| 12. | Calls on the EU Special Representative for Human Rights to take full account of reports and proposals concerning violence against women; |
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12.

Calls on the EU Special Representative for Human Rights to take full account of reports and proposals concerning violence against women;

| 13. | Instructs its President to forward this resolution to the Council, the Commission, the High Representative of the Union for Foreign Affairs and Security Policy, and the EU Special Representative for Human Rights. |
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13.

Instructs its President to forward this resolution to the Council, the Commission, the High Representative of the Union for Foreign Affairs and Security Policy, and the EU Special Representative for Human Rights.

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(1)  OJ C 348 E, 21.12.2010, p. 11.

(2)  OJ C 296 E, 2.10.2012, p. 26.

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| 22.1.2016 | EN | Official Journal of the European Union | C 24/11 |
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22.1.2016

EN

Official Journal of the European Union

C 24/11

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P7_TA(2013)0046

European Innovation Partnership on Active and Healthy Ageing

European Parliament resolution of 6 February 2013 on the European Innovation Partnership on Active and Healthy Ageing (2012/2258(INI))

(2016/C 024/03)

The European Parliament,

| — | having regard to the Commission communication of 29 February 2012, ‘Taking forward the Strategic Implementation Plan of the European Innovation Partnership on Active and Healthy Ageing’ (COM(2012)0083), |
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having regard to the Commission communication of 29 February 2012, ‘Taking forward the Strategic Implementation Plan of the European Innovation Partnership on Active and Healthy Ageing’ (COM(2012)0083),

| — | having regard to the Madrid International Plan of Action on Ageing of April 2002, |
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having regard to the Madrid International Plan of Action on Ageing of April 2002,

| — | having regard to Decision No 940/2011/EU of the European Parliament and of the Council of 14 September 2011 on the European Year for Active Ageing and Solidarity between Generations, |
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having regard to Decision No 940/2011/EU of the European Parliament and of the Council of 14 September 2011 on the European Year for Active Ageing and Solidarity between Generations,

| — | having regard to the Strategic Implementation Plan for the European Innovation Partnership on Active and Healthy Ageing of 17 November 2011, |
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having regard to the Strategic Implementation Plan for the European Innovation Partnership on Active and Healthy Ageing of 17 November 2011,

| — | having regard to the opinion of the Committee of the Regions on ‘Active Ageing: innovation — smart care — better lives’ of May 2012 (1), |
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having regard to the opinion of the Committee of the Regions on ‘Active Ageing: innovation — smart care — better lives’ of May 2012 (1),

| — | having regard to the opinion of the European Economic and Social Committee on ‘Horizon 2020: Road maps for ageing’ of May 2012 (2), |
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having regard to the opinion of the European Economic and Social Committee on ‘Horizon 2020: Road maps for ageing’ of May 2012 (2),

| — | 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 Environment, Public Health and Food Safety and the opinion of the Committee on Employment and Social Affairs (A7-0029/2013), |
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having regard to the report of the Committee on Environment, Public Health and Food Safety and the opinion of the Committee on Employment and Social Affairs (A7-0029/2013),

| 1. | Welcomes the Commission’s proposal for a European Innovation Partnership which promotes a new paradigm viewing ageing as an opportunity for the future rather than a burden on society; furthermore emphasises that this opportunity should not be limited to technical (ICT) innovations and their potential for the internal market, for EU industries and enterprises, since ICT solutions should be user-friendly as well as end-user-oriented, particularly towards older persons; believes it should also include a clear and unambiguous strategy with social objectives which promote and formally recognise the role of older people, and the value of their experience and of their contribution to society and the economy, free from stigmas and discrimination; |
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1.

Welcomes the Commission’s proposal for a European Innovation Partnership which promotes a new paradigm viewing ageing as an opportunity for the future rather than a burden on society; furthermore emphasises that this opportunity should not be limited to technical (ICT) innovations and their potential for the internal market, for EU industries and enterprises, since ICT solutions should be user-friendly as well as end-user-oriented, particularly towards older persons; believes it should also include a clear and unambiguous strategy with social objectives which promote and formally recognise the role of older people, and the value of their experience and of their contribution to society and the economy, free from stigmas and discrimination;

| 2. | Notes that this strategy should also include research into new forms of occupation suitable and appropriate for older people; believes that the potential and added value of employing older persons should be researched in more detail, so as to develop guidelines including solutions applicable for and acceptable to all; stresses the scope for gaining great societal value from the demographic dividend of older generations; |
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2.

Notes that this strategy should also include research into new forms of occupation suitable and appropriate for older people; believes that the potential and added value of employing older persons should be researched in more detail, so as to develop guidelines including solutions applicable for and acceptable to all; stresses the scope for gaining great societal value from the demographic dividend of older generations;

| 3. | Invites the Commission to formally include a gender dimension as well as an age dimension, and, therefore, to incorporate the work-life balance issue in its strategy for active and healthy ageing; |
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3.

Invites the Commission to formally include a gender dimension as well as an age dimension, and, therefore, to incorporate the work-life balance issue in its strategy for active and healthy ageing;

| 4. | Notes that the ageing society is attributable to demographic change (declining birth rates); |
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4.

Notes that the ageing society is attributable to demographic change (declining birth rates);

| 5. | Points out that the elderly are the fastest-growing age group in Europe; hopes, in that context and with a view to developing, as quickly as possible, infrastructure, services and instruments that are able to respond to this social transition, that the Commission will continue to involve national governments, local authorities, the WHO and the highest possible number of stakeholders in implementing awareness-raising measures on this issue; |
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5.

Points out that the elderly are the fastest-growing age group in Europe; hopes, in that context and with a view to developing, as quickly as possible, infrastructure, services and instruments that are able to respond to this social transition, that the Commission will continue to involve national governments, local authorities, the WHO and the highest possible number of stakeholders in implementing awareness-raising measures on this issue;

| 6. | Points out the very different demographic makeup of Member States and the significant national, political and cultural differences in perceptions of the demographic challenge and, especially, of ways of facing it and planning for it; notes the constant rise in life expectancy in every Member State and the significant increase in the numbers of people continuing to work after retirement, with employment rates among those aged 65-74 having risen by 15 % in the period 2006-2011; |
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6.

Points out the very different demographic makeup of Member States and the significant national, political and cultural differences in perceptions of the demographic challenge and, especially, of ways of facing it and planning for it; notes the constant rise in life expectancy in every Member State and the significant increase in the numbers of people continuing to work after retirement, with employment rates among those aged 65-74 having risen by 15 % in the period 2006-2011;

| 7. | Stresses the need to listen to elderly people in terms of providing companionship through social programmes through which young people would engage with elderly people and receive in return their values and experience; believes that civil society support for the EIP is necessary in terms of offering a more significant level of care through different foundations and associations; |
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7.

Stresses the need to listen to elderly people in terms of providing companionship through social programmes through which young people would engage with elderly people and receive in return their values and experience; believes that civil society support for the EIP is necessary in terms of offering a more significant level of care through different foundations and associations;

| 8. | Stresses that participation on equal terms is also a fundamental right of older members of society; |
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8.

Stresses that participation on equal terms is also a fundamental right of older members of society;

| 9. | Points out that employment and voluntary work opportunities, as well as social protection measures, are essential to ensure active and healthy ageing; |
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9.

Points out that employment and voluntary work opportunities, as well as social protection measures, are essential to ensure active and healthy ageing;

| 10. | Stresses that elderly people need different forms of support, and care and that services and solutions must therefore always be people-oriented and demand-driven; |
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10.

Stresses that elderly people need different forms of support, and care and that services and solutions must therefore always be people-oriented and demand-driven;

| 11. | Stresses the need to fight age discrimination in employment in order to ensure that older workers can keep their jobs or have access to job opportunities; |
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11.

Stresses the need to fight age discrimination in employment in order to ensure that older workers can keep their jobs or have access to job opportunities;

| 12. | Underlines the important role of local and regional actors in modernising, improving and rationalising the delivery of health and social care services with a view to producing models that achieve better results for individuals on the labour market; |
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12.

Underlines the important role of local and regional actors in modernising, improving and rationalising the delivery of health and social care services with a view to producing models that achieve better results for individuals on the labour market;

| 13. | Stresses the need to create the appropriate framework conditions to enable people to participate in the labour market and remain productive, both by improving labour market flexibility through the introduction of lifetime time accounts and part-time possibilities and by making provision for different forms of employment contracts suitable for older workers, as well as flexible arrangements for retirement, for example by means of partial pensions or bonus years, taking care to ensure that there is always adequate social protection in place; |
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13.

Stresses the need to create the appropriate framework conditions to enable people to participate in the labour market and remain productive, both by improving labour market flexibility through the introduction of lifetime time accounts and part-time possibilities and by making provision for different forms of employment contracts suitable for older workers, as well as flexible arrangements for retirement, for example by means of partial pensions or bonus years, taking care to ensure that there is always adequate social protection in place;

| 14. | Endorses the Commission’s proposal to adopt the definition of active and healthy ageing as formulated by the WHO; emphasises that active and healthy ageing encompasses the entire lifespan and that the particularities of the EU context should be part of the definition, including, more specifically, the EU priorities regarding healthy and ecologically sustainable environmental conditions, health awareness, health prevention and early screening followed by appropriate diagnosis and effective treatment, health literacy, eHealth, physical exercise, food safety and adequate nutrition, gender equality, social security systems (including healthcare and health insurance), and social protection schemes; notes that old age is not linked to disease and illness by default, and is therefore not to be associated or equated with dependence and handicap; |
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14.

Endorses the Commission’s proposal to adopt the definition of active and healthy ageing as formulated by the WHO; emphasises that active and healthy ageing encompasses the entire lifespan and that the particularities of the EU context should be part of the definition, including, more specifically, the EU priorities regarding healthy and ecologically sustainable environmental conditions, health awareness, health prevention and early screening followed by appropriate diagnosis and effective treatment, health literacy, eHealth, physical exercise, food safety and adequate nutrition, gender equality, social security systems (including healthcare and health insurance), and social protection schemes; notes that old age is not linked to disease and illness by default, and is therefore not to be associated or equated with dependence and handicap;

| 15. | Supports the Commission’s proposal to increase the average number of HLY (Healthy Life Years) by two years as part of the objectives of Horizon 2020, and welcomes medical progress which helps to increase life expectancy; however, emphasises that to achieve this ambitious goal a life-course perspective should be applied; stresses that access to prevention and primary care should be prioritised and that appropriate mechanisms should be developed to tackle the detrimental impact of chronic disease on active and healthy ageing over the entire life span; |
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15.

Supports the Commission’s proposal to increase the average number of HLY (Healthy Life Years) by two years as part of the objectives of Horizon 2020, and welcomes medical progress which helps to increase life expectancy; however, emphasises that to achieve this ambitious goal a life-course perspective should be applied; stresses that access to prevention and primary care should be prioritised and that appropriate mechanisms should be developed to tackle the detrimental impact of chronic disease on active and healthy ageing over the entire life span;

| 16. | Encourages the Commission and the Member States to consider health as a horizontal issue, by incorporating health issues into all relevant EU policies, including social security and social protection, employment and economic policy, gender equality, and anti-discrimination/non-discrimination policies; |
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16.

Encourages the Commission and the Member States to consider health as a horizontal issue, by incorporating health issues into all relevant EU policies, including social security and social protection, employment and economic policy, gender equality, and anti-discrimination/non-discrimination policies;

| 17. | Invites the Commission to monitor and provide evidence-based, complete, and open-access data on the incidence and prevalence of illness and (chronic) disease, and to incorporate those data into strategies and guidelines regarding best practice active and healthy ageing; |
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17.

Invites the Commission to monitor and provide evidence-based, complete, and open-access data on the incidence and prevalence of illness and (chronic) disease, and to incorporate those data into strategies and guidelines regarding best practice active and healthy ageing;

| 18. | Urges Member States to develop efficient trajectories to assess and monitor elder abuse as well as its impact on victims’ health and well-being, and to develop accessible procedures to assist and protect victims; |
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18.

Urges Member States to develop efficient trajectories to assess and monitor elder abuse as well as its impact on victims’ health and well-being, and to develop accessible procedures to assist and protect victims;

| 19. | Stresses that health issues are to be integrated into all European Union policies including social security and social protection, employment and economic policies, gender equality and discrimination; |
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19.

Stresses that health issues are to be integrated into all European Union policies including social security and social protection, employment and economic policies, gender equality and discrimination;

| 20. | Encourages the Commission to further emphasize that increasing the average number of healthy life years of our citizens by two is the main objective and that all selected actions should measurably contribute to this objective; |
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20.

Encourages the Commission to further emphasize that increasing the average number of healthy life years of our citizens by two is the main objective and that all selected actions should measurably contribute to this objective;

| 21. | Encourages the Commission‘s proposal to act as a facilitator and coordinator of the EIP-AHA, engaging with stakeholders representing both the demand and supply sides; points out that the Commission should ensure that the EIP benefits all EU citizens, notably those who are under-represented or at risk of exclusion; welcomes here the recognition in communication COM(2012)0083 of the role of the EIP in meeting the objectives of the Innovation Union, the Digital Agenda, the New Skills for New Jobs initiative, the European Platform against Poverty and Social Exclusion and the EU Health Strategy, inter alia, in terms of achieving the objectives of the Europe 2020 flagships; |
| --- | --- |

21.

Encourages the Commission‘s proposal to act as a facilitator and coordinator of the EIP-AHA, engaging with stakeholders representing both the demand and supply sides; points out that the Commission should ensure that the EIP benefits all EU citizens, notably those who are under-represented or at risk of exclusion; welcomes here the recognition in communication COM(2012)0083 of the role of the EIP in meeting the objectives of the Innovation Union, the Digital Agenda, the New Skills for New Jobs initiative, the European Platform against Poverty and Social Exclusion and the EU Health Strategy, inter alia, in terms of achieving the objectives of the Europe 2020 flagships;

| 22. | Calls on the Commission to develop indicators that can provide data on chronic diseases and ageing which are comparable, comprehensive and easy to access, in order to develop more effective strategies and enable the sharing of best practice at both EU and national level; |
| --- | --- |

22.

Calls on the Commission to develop indicators that can provide data on chronic diseases and ageing which are comparable, comprehensive and easy to access, in order to develop more effective strategies and enable the sharing of best practice at both EU and national level;

| 23. | Endorses the Commission’s proposal to increase older people’s participation in decision- and policy-making and to stimulate regional and local governance; stresses, however, that a bottom-up participatory approach in addition to their ongoing participation in social and cultural life requires more in-depth baseline assessments and regular monitoring of the actual and future needs and demands of older people and their informal and formal care providers; |
| --- | --- |

23.

Endorses the Commission’s proposal to increase older people’s participation in decision- and policy-making and to stimulate regional and local governance; stresses, however, that a bottom-up participatory approach in addition to their ongoing participation in social and cultural life requires more in-depth baseline assessments and regular monitoring of the actual and future needs and demands of older people and their informal and formal care providers;

| 24. | Stresses that information and data collected at local level and through a bottom-up participatory approach will provide policy-makers with the knowledge required to formulate policies that are acceptable and appropriate to local communities; invites the Commission, therefore, to set as a requirement the use of a bottom-up participatory research approach, as well as the further development of relevant indicators and indexes, in order to map out and monitor the current needs for effective policies, programmes and services; |
| --- | --- |

24.

Stresses that information and data collected at local level and through a bottom-up participatory approach will provide policy-makers with the knowledge required to formulate policies that are acceptable and appropriate to local communities; invites the Commission, therefore, to set as a requirement the use of a bottom-up participatory research approach, as well as the further development of relevant indicators and indexes, in order to map out and monitor the current needs for effective policies, programmes and services;

| 25. | Reminds the Commission that the restrictions and limitations in regard to healthcare, care services, social protection and social security adopted and implemented by the Commission and/or the Member States in an effort to make financial and budgetary savings and cuts in public (health and social) expenditure in the wake of the current economic and financial crisis should in no way interfere with or negatively affect basic human needs and dignity; stresses that such savings and cuts, unless combined with carefully considered, patient-oriented reforms, may aggravate health and social inequalities and lead to social exclusion; stresses that such savings and cuts will aggravate overall health outcomes, health inequalities, social inequalities and social exclusion, consequently putting at risk inter- and intra-generational solidarity; invites the Member States, therefore, to develop a Generation Pact including a clear and unambiguous strategy to safeguard social cohesion, improve overall health outcomes and tackle health inequalities; emphasises that such a strategy should aim for optimal affordability, availability and accessibility of health and social care schemes; |
| --- | --- |

25.

Reminds the Commission that the restrictions and limitations in regard to healthcare, care services, social protection and social security adopted and implemented by the Commission and/or the Member States in an effort to make financial and budgetary savings and cuts in public (health and social) expenditure in the wake of the current economic and financial crisis should in no way interfere with or negatively affect basic human needs and dignity; stresses that such savings and cuts, unless combined with carefully considered, patient-oriented reforms, may aggravate health and social inequalities and lead to social exclusion; stresses that such savings and cuts will aggravate overall health outcomes, health inequalities, social inequalities and social exclusion, consequently putting at risk inter- and intra-generational solidarity; invites the Member States, therefore, to develop a Generation Pact including a clear and unambiguous strategy to safeguard social cohesion, improve overall health outcomes and tackle health inequalities; emphasises that such a strategy should aim for optimal affordability, availability and accessibility of health and social care schemes;

| 26. | Stresses, in this context, the need for adequate funding at local, regional, national and EU level to support SMEs and social enterprises; questions the sufficiency of the available resources of the partnership EIP-AHA originating in stakeholders and encourages the Commission to make the necessary funding available; welcomes the foreseen alignment of EU funding instruments to optimise the impact of funding, and encourages the take-up and continuation of projects such as CASA, ‘More Years, Better Life’ and others promoting the interoperability and exchange of knowledge, data and best practice; believes that the decision to identify ‘Innovation for healthy living and active ageing’ as a priority theme for the Knowledge and Innovation Communities (KICs) wave in 2014-2015 of the European Institute of Innovation and Technology (EIT) is a step in the right direction which needs to be complemented with concrete financial instruments, for example funding under the Multiannual Financial Framework for 2014-2020, including the ESF, the ERDF, the EPSCI programme, the programme for research and innovation and Horizon 2020; |
| --- | --- |

26.

Stresses, in this context, the need for adequate funding at local, regional, national and EU level to support SMEs and social enterprises; questions the sufficiency of the available resources of the partnership EIP-AHA originating in stakeholders and encourages the Commission to make the necessary funding available; welcomes the foreseen alignment of EU funding instruments to optimise the impact of funding, and encourages the take-up and continuation of projects such as CASA, ‘More Years, Better Life’ and others promoting the interoperability and exchange of knowledge, data and best practice; believes that the decision to identify ‘Innovation for healthy living and active ageing’ as a priority theme for the Knowledge and Innovation Communities (KICs) wave in 2014-2015 of the European Institute of Innovation and Technology (EIT) is a step in the right direction which needs to be complemented with concrete financial instruments, for example funding under the Multiannual Financial Framework for 2014-2020, including the ESF, the ERDF, the EPSCI programme, the programme for research and innovation and Horizon 2020;

| 27. | Is convinced that various financial instruments, such as the Social Entrepreneurship Fund, the European Venture Fund and the European Angels Fund (EAF), are necessary to improve access for social enterprises to the financial markets; |
| --- | --- |

27.

Is convinced that various financial instruments, such as the Social Entrepreneurship Fund, the European Venture Fund and the European Angels Fund (EAF), are necessary to improve access for social enterprises to the financial markets;

| 28. | Expects the Member States, when using the Structural Funds, to devote more attention to the living and working conditions of the older generation, to jointly create a generation-friendly Europe by 2020, and to expand their social infrastructure so that they can combat poverty among older people; |
| --- | --- |

28.

Expects the Member States, when using the Structural Funds, to devote more attention to the living and working conditions of the older generation, to jointly create a generation-friendly Europe by 2020, and to expand their social infrastructure so that they can combat poverty among older people;

Pillar 1: Prevention, screening and early diagnosis

| 29. | Welcomes the Commission’s approach with regard to prevention of frailty and functional decline; encourages the Commission to apply a holistic approach in regard to prevention; points out the systematic correlation between socio-economic status and health outcomes throughout life; invites the Commission and the Member States to tackle structural issues, including health illiteracy and to address socio-economic inequalities (which lead to health inequalities); further, while accepting that individual responsibility has a role to play in improving health status, challenges the pressure put on individuals to improve their health status without appropriately tackling structural issues; therefore invites the Commission and the Member States to create structural conditions which tackle structural and health inequalities, including health illiteracy, and to provide the necessary funding for further research into the role local communities can play in dealing with these inequalities; |
| --- | --- |

29.

Welcomes the Commission’s approach with regard to prevention of frailty and functional decline; encourages the Commission to apply a holistic approach in regard to prevention; points out the systematic correlation between socio-economic status and health outcomes throughout life; invites the Commission and the Member States to tackle structural issues, including health illiteracy and to address socio-economic inequalities (which lead to health inequalities); further, while accepting that individual responsibility has a role to play in improving health status, challenges the pressure put on individuals to improve their health status without appropriately tackling structural issues; therefore invites the Commission and the Member States to create structural conditions which tackle structural and health inequalities, including health illiteracy, and to provide the necessary funding for further research into the role local communities can play in dealing with these inequalities;

| 30. | Invites the Commission and the competent authorities in the Member States to acknowledge, promote and fund all forms of prevention, i.e. the promotion of a healthy lifestyle, regular screening for illnesses, early intervention to delay or reverse the progression of disease in the early stages, and development of preventive measures aimed at slowing down deterioration for patients affected with chronic diseases; |
| --- | --- |

30.

Invites the Commission and the competent authorities in the Member States to acknowledge, promote and fund all forms of prevention, i.e. the promotion of a healthy lifestyle, regular screening for illnesses, early intervention to delay or reverse the progression of disease in the early stages, and development of preventive measures aimed at slowing down deterioration for patients affected with chronic diseases;

| 31. | Points out that intellectual mobility can be increased by access to lifelong learning (LLL) in later life also, thereby helping to combat dementia; |
| --- | --- |

31.

Points out that intellectual mobility can be increased by access to lifelong learning (LLL) in later life also, thereby helping to combat dementia;

| 32. | Supports the Commission’s approach with regard to health promotion through integrated programmes; stresses, however, that these programmes should be evidence-based (reflecting the actual and future needs of the ageing population); furthermore, emphasises that they should incorporate an appropriate approach in regard to issues that are not (entirely or directly) linked to individual behaviour, such as environmental conditions (air quality, water quality, noise reduction, waste management), health and safety at work (age management) and consumer protection (marketing and advertising standards, food safety, consumer rights); |
| --- | --- |

32.

Supports the Commission’s approach with regard to health promotion through integrated programmes; stresses, however, that these programmes should be evidence-based (reflecting the actual and future needs of the ageing population); furthermore, emphasises that they should incorporate an appropriate approach in regard to issues that are not (entirely or directly) linked to individual behaviour, such as environmental conditions (air quality, water quality, noise reduction, waste management), health and safety at work (age management) and consumer protection (marketing and advertising standards, food safety, consumer rights);

| 33. | Supports the Commission’s approach in regard to increasing physical activity levels of the population in order to improve active and healthy ageing, recalling that lack of regular exercise gives rise to a number of health problems which, according to the WHO, constitute the fourth most common risk factor causing death; is concerned that most EU citizens fall short of the recommended daily amount of exercise; |
| --- | --- |

33.

Supports the Commission’s approach in regard to increasing physical activity levels of the population in order to improve active and healthy ageing, recalling that lack of regular exercise gives rise to a number of health problems which, according to the WHO, constitute the fourth most common risk factor causing death; is concerned that most EU citizens fall short of the recommended daily amount of exercise;

| 34. | Encourages the closer linking of healthy ageing with a broader take-up of physical exercise within education programmes; stresses the importance of daily choices (physical exercise, diet, etc) in preventing health problems; calls on the Commission and the competent authorities in the Member States to take action to encourage people of all ages to take more physical exercise as a means of improving their individual health which will translate into an increased number of years spent in good health, as well as into considerable benefits for society in the form of overall public health and financial outcomes; |
| --- | --- |

34.

Encourages the closer linking of healthy ageing with a broader take-up of physical exercise within education programmes; stresses the importance of daily choices (physical exercise, diet, etc) in preventing health problems; calls on the Commission and the competent authorities in the Member States to take action to encourage people of all ages to take more physical exercise as a means of improving their individual health which will translate into an increased number of years spent in good health, as well as into considerable benefits for society in the form of overall public health and financial outcomes;

| 35. | Welcomes the Strategic Implementation Plan of the European Innovation Partnership on Active and Healthy Ageing, and especially its focus on cooperation between the Commission, the Member States, industry and business, public and private stakeholders, health and care professionals, and organisations representing older people and patients, on the exchange and transfer of good ideas and best practice (e.g. the digitally-based ‘Marketplace’ platform), and on the optimisation of existing funding instruments; emphasises the need to view ageing as an opportunity rather than a burden, and to recognise and promote the value of older people, their experiences and their ongoing contribution to society; welcomes the Commission’s approach, which is clearly geared to promoting the vitality and dignity of older people in Europe by means of innovations of relevance to them, reinforcing a ‘culture of active ageing’ in a generation-friendly Europe and guiding this process jointly with recognised partners in the world of research and in civil society; |
| --- | --- |

35.

Welcomes the Strategic Implementation Plan of the European Innovation Partnership on Active and Healthy Ageing, and especially its focus on cooperation between the Commission, the Member States, industry and business, public and private stakeholders, health and care professionals, and organisations representing older people and patients, on the exchange and transfer of good ideas and best practice (e.g. the digitally-based ‘Marketplace’ platform), and on the optimisation of existing funding instruments; emphasises the need to view ageing as an opportunity rather than a burden, and to recognise and promote the value of older people, their experiences and their ongoing contribution to society; welcomes the Commission’s approach, which is clearly geared to promoting the vitality and dignity of older people in Europe by means of innovations of relevance to them, reinforcing a ‘culture of active ageing’ in a generation-friendly Europe and guiding this process jointly with recognised partners in the world of research and in civil society;

| 36. | Recalls the need for fuller recognition of older workers’ informal and non-formal education, notably where obtained through voluntary work or informal care; |
| --- | --- |

36.

Recalls the need for fuller recognition of older workers’ informal and non-formal education, notably where obtained through voluntary work or informal care;

| 37. | Calls on the Commission to give priority to factors that may influence how people in Europe age, such as high rates of alcohol and tobacco consumption; |
| --- | --- |

37.

Calls on the Commission to give priority to factors that may influence how people in Europe age, such as high rates of alcohol and tobacco consumption;

Pillar 2: Care and cure

| 38. | Supports the Commission’s objective to further develop integrated care and cure systems; taking into account the appropriateness of existing, preferred and future care and cure systems in relation to their further development and having due regard to the subsidiarity principle in the field of public health, invites Member States and competent authorities to develop national, regional and local care and cure systems that incorporate a holistic and integrated approach to the management of age-related diseases; invites the Commission to assist Member States in this regard, while respecting regional and local differences in citizens’ expectations, norms and values; encourages the Commission to make use of the European Medicines Agency’s work on medicines in older people and to integrate it in order to improve access to safe and adequate medicines for older patients; |
| --- | --- |

38.

Supports the Commission’s objective to further develop integrated care and cure systems; taking into account the appropriateness of existing, preferred and future care and cure systems in relation to their further development and having due regard to the subsidiarity principle in the field of public health, invites Member States and competent authorities to develop national, regional and local care and cure systems that incorporate a holistic and integrated approach to the management of age-related diseases; invites the Commission to assist Member States in this regard, while respecting regional and local differences in citizens’ expectations, norms and values; encourages the Commission to make use of the European Medicines Agency’s work on medicines in older people and to integrate it in order to improve access to safe and adequate medicines for older patients;

| 39. | Welcomes the Commission’s intention to implement individual case management schemes and care plans; however, while acknowledging that a client/patient-centred approach is necessary, believes that the costs of such an approach in terms of deploying trained care providers and utilising appropriate ‘tools’ should not be met solely by the individual but should be considered as a societal responsibility, guaranteeing inter- and intra-generational solidarity; believes consideration should be given to new forms of solidarity which lie hidden in the potential of the older generation and which should be incorporated into solutions for care- and cure-related issues; |
| --- | --- |

39.

Welcomes the Commission’s intention to implement individual case management schemes and care plans; however, while acknowledging that a client/patient-centred approach is necessary, believes that the costs of such an approach in terms of deploying trained care providers and utilising appropriate ‘tools’ should not be met solely by the individual but should be considered as a societal responsibility, guaranteeing inter- and intra-generational solidarity; believes consideration should be given to new forms of solidarity which lie hidden in the potential of the older generation and which should be incorporated into solutions for care- and cure-related issues;

| 40. | Encourages the Commission’s ambition in regard to eHealth, in terms of making it a significant and substantial aspect of future care and cure systems; recognises, however, that eHealth solutions, whilst beneficial, may not significantly improve health outcomes, including psychological well-being, if they replace human interaction rather than being integrated with a face-to-face approach between patients and healthcare professionals; believes that eHealth technology should not diminish the trusting relationship between older people and healthcare professionals; |
| --- | --- |

40.

Encourages the Commission’s ambition in regard to eHealth, in terms of making it a significant and substantial aspect of future care and cure systems; recognises, however, that eHealth solutions, whilst beneficial, may not significantly improve health outcomes, including psychological well-being, if they replace human interaction rather than being integrated with a face-to-face approach between patients and healthcare professionals; believes that eHealth technology should not diminish the trusting relationship between older people and healthcare professionals;

| 41. | Acknowledges the Commission’s intention to contribute to making care and cure systems more cost-efficient; emphasises, however, that the continuous increase in overall healthcare and social support costs cannot be attributed to an ageing population alone; acknowledges that the increasing prevalence of chronic diseases play a substantial role in rising healthcare and social support costs, however, notes that where the burden of healthcare costs is increasingly borne by the individual this is likely to create a vicious circle whereby people’s health and wellbeing are put at risk as they might be compelled to reallocate their often limited resources or when they have to postpone, abandon or even refrain from treatment, assistance and adequate nutrition, which in turn might lead to ever greater healthcare and social support costs both to the individual and to the society; |
| --- | --- |

41.

Acknowledges the Commission’s intention to contribute to making care and cure systems more cost-efficient; emphasises, however, that the continuous increase in overall healthcare and social support costs cannot be attributed to an ageing population alone; acknowledges that the increasing prevalence of chronic diseases play a substantial role in rising healthcare and social support costs, however, notes that where the burden of healthcare costs is increasingly borne by the individual this is likely to create a vicious circle whereby people’s health and wellbeing are put at risk as they might be compelled to reallocate their often limited resources or when they have to postpone, abandon or even refrain from treatment, assistance and adequate nutrition, which in turn might lead to ever greater healthcare and social support costs both to the individual and to the society;

| 42. | Acknowledges the Commission’s objective of dealing with legal and regulatory uncertainties and market fragmentation, but stresses that all necessary market reforms should take into account the importance of keeping healthcare affordable for citizens, and that the competences of national and regional governments and local authorities with regard to health and social protection should be recognised, respected and complied with, without compromising the need to invest in community-based care schemes; |
| --- | --- |

42.

Acknowledges the Commission’s objective of dealing with legal and regulatory uncertainties and market fragmentation, but stresses that all necessary market reforms should take into account the importance of keeping healthcare affordable for citizens, and that the competences of national and regional governments and local authorities with regard to health and social protection should be recognised, respected and complied with, without compromising the need to invest in community-based care schemes;

| 43. | Maintains that further reforms of pension systems are necessary in order to keep them adequate, sustainable and secure, with special attention to reducing the gender pay gap in work and consequently in pensions, and that pension levels must also remain predictable for future generations; to this end, calls for more coherence to be established between the effective retirement age, the official retirement age and life expectancy; calls on those Member States which have raised the statutory retirement age, or will be doing so, to encourage the employment of older people, e.g. through tax and social security exemptions; |
| --- | --- |

43.

Maintains that further reforms of pension systems are necessary in order to keep them adequate, sustainable and secure, with special attention to reducing the gender pay gap in work and consequently in pensions, and that pension levels must also remain predictable for future generations; to this end, calls for more coherence to be established between the effective retirement age, the official retirement age and life expectancy; calls on those Member States which have raised the statutory retirement age, or will be doing so, to encourage the employment of older people, e.g. through tax and social security exemptions;

| 44. | Invites the Commission to carry out an overall analysis of Europe’s healthcare potential in relation to the national potential in the Member States, in view of the severe shortage of healthcare workers in some Member States owing to the fact that working conditions are more attractive in other European countries; |
| --- | --- |

44.

Invites the Commission to carry out an overall analysis of Europe’s healthcare potential in relation to the national potential in the Member States, in view of the severe shortage of healthcare workers in some Member States owing to the fact that working conditions are more attractive in other European countries;

| 45. | Invites the Commission to draw up a strategy aimed at achieving equal opportunities for all European citizens in the field of healthcare, in order to create a system of cooperation between European countries which are losing large numbers of healthcare workers and those benefiting from their services; |
| --- | --- |

45.

Invites the Commission to draw up a strategy aimed at achieving equal opportunities for all European citizens in the field of healthcare, in order to create a system of cooperation between European countries which are losing large numbers of healthcare workers and those benefiting from their services;

| 46. | Maintains that policies to balance family and working life enable women to cope better with ageing, taking into account the fact that work improves quality of life; believes that such policies also enable women to avoid the pay gap and, accordingly, the risk of poverty in later life in cases where, in order to balance family and working life, women have to choose part-time, occasional or atypical work, given that this has repercussions for the amounts paid in pension contributions; |
| --- | --- |

46.

Maintains that policies to balance family and working life enable women to cope better with ageing, taking into account the fact that work improves quality of life; believes that such policies also enable women to avoid the pay gap and, accordingly, the risk of poverty in later life in cases where, in order to balance family and working life, women have to choose part-time, occasional or atypical work, given that this has repercussions for the amounts paid in pension contributions;

| 47. | Considers it necessary to reinforce the adequacy of pensions by combating gender discrimination on the labour market, especially by reducing the career and pay gaps; |
| --- | --- |

47.

Considers it necessary to reinforce the adequacy of pensions by combating gender discrimination on the labour market, especially by reducing the career and pay gaps;

| 48. | Stresses the need for personal responsibility, bearing in mind that individuals also need to think about what they can do to secure their pension age; stresses also the crucial role of family and intergenerational solidarity; |
| --- | --- |

48.

Stresses the need for personal responsibility, bearing in mind that individuals also need to think about what they can do to secure their pension age; stresses also the crucial role of family and intergenerational solidarity;

Pillar 3: Active ageing and independent living

| 49. | Welcomes the Commission’s approach in regard to active ageing and independent living, and more specifically, its comprehensive view of the role and importance of ‘place in ageing’, as the radius or perimeter in which people live their lives increasingly contracts as they age, and as older people tend to prefer to live independently for as long as possible while staying active in their community; stresses the need to encourage older people to live independently in their own homes for as long as is viable, if they wish to so in order, to reduce disturbance of their normal routine in both physical and mental terms; furthermore stresses that the solution is not just old people’s homes, but also inter-generationally and comprehensively active neighbourhoods; considers that the AAL JP (Ambient Assisted Living Joint Programme) is an important instrument for the deployment of technical resources to facilitate daily life; |
| --- | --- |

49.

Welcomes the Commission’s approach in regard to active ageing and independent living, and more specifically, its comprehensive view of the role and importance of ‘place in ageing’, as the radius or perimeter in which people live their lives increasingly contracts as they age, and as older people tend to prefer to live independently for as long as possible while staying active in their community; stresses the need to encourage older people to live independently in their own homes for as long as is viable, if they wish to so in order, to reduce disturbance of their normal routine in both physical and mental terms; furthermore stresses that the solution is not just old people’s homes, but also inter-generationally and comprehensively active neighbourhoods; considers that the AAL JP (Ambient Assisted Living Joint Programme) is an important instrument for the deployment of technical resources to facilitate daily life;

| 50. | Encourages the Commission, in its assessment of Independent Living solutions, to consider the problems presented by the gap that exists in many Member States between average healthy life expectancy and pension age, potentially leaving many people with a period in which they are no longer able to work but are not yet eligible to receive their full pension entitlement; |
| --- | --- |

50.

Encourages the Commission, in its assessment of Independent Living solutions, to consider the problems presented by the gap that exists in many Member States between average healthy life expectancy and pension age, potentially leaving many people with a period in which they are no longer able to work but are not yet eligible to receive their full pension entitlement;

| 51. | Recalls that elderly citizens are an asset to our societies, and that it is essential to benefit from their knowledge and experience in all walks of life and support them in living independently as long as possible; |
| --- | --- |

51.

Recalls that elderly citizens are an asset to our societies, and that it is essential to benefit from their knowledge and experience in all walks of life and support them in living independently as long as possible;

| 52. | Believes it is crucial to fight information isolation among the older generation, and that access to and use of new technologies constitute one of the essential tools for active and healthy ageing and the social inclusion of seniors; |
| --- | --- |

52.

Believes it is crucial to fight information isolation among the older generation, and that access to and use of new technologies constitute one of the essential tools for active and healthy ageing and the social inclusion of seniors;

| 53. | Calls on the Commission to promote accessible and affordable physical surroundings and the adaptation of elderly people’s homes with a view to facilitating their independence; stresses that home conversion is the best means of preventing domestic accidents which can cause serious disability, resulting in heavy costs to public services and families and making it harder to ensure active ageing in good health; |
| --- | --- |

53.

Calls on the Commission to promote accessible and affordable physical surroundings and the adaptation of elderly people’s homes with a view to facilitating their independence; stresses that home conversion is the best means of preventing domestic accidents which can cause serious disability, resulting in heavy costs to public services and families and making it harder to ensure active ageing in good health;

| 54. | Supports the Commission’s aim of creating age-friendly environments, so as to avoid older people’s potential and (remaining) capacities being hindered by their surroundings and help them retain their physical and cognitive capabilities for as long as possible, and live in familiar and safe environments while also preventing social isolation; invites the Commission, however, to encourage the creation of ‘design for all’ environments, and stresses that these environments should be understood in a broad context, not only incorporating the built urban and rural environment with comfortable, safe and accessible houses, pavements, cities, etc, but also the social, psychological, ecological, cultural and natural environment, offering various forms of activity and giving each individual opportunities for personal fulfilment and shared motivation; stresses that this urban environment should guarantee older persons greater accessibility to the benefits of living in a densely populated area by virtue of easier access to vital amenities, and points out that, despite ongoing urbanisation, many people still live in the countryside, where innovative solutions are also required; |
| --- | --- |

54.

Supports the Commission’s aim of creating age-friendly environments, so as to avoid older people’s potential and (remaining) capacities being hindered by their surroundings and help them retain their physical and cognitive capabilities for as long as possible, and live in familiar and safe environments while also preventing social isolation; invites the Commission, however, to encourage the creation of ‘design for all’ environments, and stresses that these environments should be understood in a broad context, not only incorporating the built urban and rural environment with comfortable, safe and accessible houses, pavements, cities, etc, but also the social, psychological, ecological, cultural and natural environment, offering various forms of activity and giving each individual opportunities for personal fulfilment and shared motivation; stresses that this urban environment should guarantee older persons greater accessibility to the benefits of living in a densely populated area by virtue of easier access to vital amenities, and points out that, despite ongoing urbanisation, many people still live in the countryside, where innovative solutions are also required;

| 55. | Stresses, furthermore, the importance of adapting the indoor environment of older people’s homes in order to better prevent domestic accidents and falls and prolong independent living; encourages Member States to ensure that older people are eligible for funding for home conversion; supports measures that will avoid the isolation of older and/or home-bound people and break the stigma associated with diseases, age-related or not; |
| --- | --- |

55.

Stresses, furthermore, the importance of adapting the indoor environment of older people’s homes in order to better prevent domestic accidents and falls and prolong independent living; encourages Member States to ensure that older people are eligible for funding for home conversion; supports measures that will avoid the isolation of older and/or home-bound people and break the stigma associated with diseases, age-related or not;

| 56. | Stresses the need for balance between rural and urban areas in terms of care for elderly persons; believes that technological innovations through ICTs should address the challenges of mobility faced by older people living in rural areas; |
| --- | --- |

56.

Stresses the need for balance between rural and urban areas in terms of care for elderly persons; believes that technological innovations through ICTs should address the challenges of mobility faced by older people living in rural areas;

| 57. | Stresses the need to pay special attention to the inclusion of ageing people living in remote areas or with multiple disadvantages; |
| --- | --- |

57.

Stresses the need to pay special attention to the inclusion of ageing people living in remote areas or with multiple disadvantages;

| 58. | Supports the Commission’s efforts to create age-friendly environments to ensure that the potential (and residual) capacities of older people are not obstructed by their environment; stresses that these environments must be seen in a broad context, relating not only to the built environment but also to the social, psychological, cultural and natural environment; encourages the Commission, in this context, also to propose a European Accessibility Law; |
| --- | --- |

58.

Supports the Commission’s efforts to create age-friendly environments to ensure that the potential (and residual) capacities of older people are not obstructed by their environment; stresses that these environments must be seen in a broad context, relating not only to the built environment but also to the social, psychological, cultural and natural environment; encourages the Commission, in this context, also to propose a European Accessibility Law;

| 59. | Calls on the Commission to review available solutions and best practice relating to a new approach to active ageing and to the creation of a comprehensive and compatible active ageing system in all Member States; |
| --- | --- |

59.

Calls on the Commission to review available solutions and best practice relating to a new approach to active ageing and to the creation of a comprehensive and compatible active ageing system in all Member States;

| 60. | Proposes that the EU policies under Title XII of the Treaty on the Functioning of the European Union concerning education and sport should include a section on active ageing; |
| --- | --- |

60.

Proposes that the EU policies under Title XII of the Treaty on the Functioning of the European Union concerning education and sport should include a section on active ageing;

| 61. | Stresses that the removal of architectural barriers for people with disabilities also has a positive effect on the mobility of the elderly, helping them to live independent and active lives for longer; considers it important, therefore, that these barriers be removed in small towns, too, where a large number of older people live; |
| --- | --- |

61.

Stresses that the removal of architectural barriers for people with disabilities also has a positive effect on the mobility of the elderly, helping them to live independent and active lives for longer; considers it important, therefore, that these barriers be removed in small towns, too, where a large number of older people live;

| 62. | Proposes that measures be taken to encourage retirement combined with some form of activity; |
| --- | --- |

62.

Proposes that measures be taken to encourage retirement combined with some form of activity;

| 63. | Calls on the Commission to submit proposals for combating discrimination against older people in access to the labour market, in the workplace and in the performance of work, with a view to achieving a consistently generation-friendly world of work; |
| --- | --- |

63.

Calls on the Commission to submit proposals for combating discrimination against older people in access to the labour market, in the workplace and in the performance of work, with a view to achieving a consistently generation-friendly world of work;

| 64. | Calls on employers, where necessary, to step up their efforts to adapt working conditions to the state of health and abilities of older workers and to encourage a more positive image of senior citizens in the workplace; |
| --- | --- |

64.

Calls on employers, where necessary, to step up their efforts to adapt working conditions to the state of health and abilities of older workers and to encourage a more positive image of senior citizens in the workplace;

| 65. | Points out that ageing does not only mean challenges but offers possibilities as well, especially innovation opportunities which, in the long run, could contribute to job creation and enhance economic wellbeing in Europe; |
| --- | --- |

65.

Points out that ageing does not only mean challenges but offers possibilities as well, especially innovation opportunities which, in the long run, could contribute to job creation and enhance economic wellbeing in Europe;

Horizontal issues

| 66. | Welcomes the Commission’s approach in regard to funding instruments, standardisation processes, repository development, synergies and cooperation facilitation and the sharing of best practices among Member States; emphasises, however, that it is a prerequisite to link these objectives to actual needs and demands (i.e. to ensure that policies, programmes and services are evidence-based and are thus backed up by representative assessment and regular monitoring, so as to facilitate and speed up the creation of an age-friendly EU); invites the Commission, therefore, to initiate the development of standardised assessment and monitoring tools to provide the necessary data with regard to evidence-based policy recommendations, programme development and (health/care) service provision; |
| --- | --- |

66.

Welcomes the Commission’s approach in regard to funding instruments, standardisation processes, repository development, synergies and cooperation facilitation and the sharing of best practices among Member States; emphasises, however, that it is a prerequisite to link these objectives to actual needs and demands (i.e. to ensure that policies, programmes and services are evidence-based and are thus backed up by representative assessment and regular monitoring, so as to facilitate and speed up the creation of an age-friendly EU); invites the Commission, therefore, to initiate the development of standardised assessment and monitoring tools to provide the necessary data with regard to evidence-based policy recommendations, programme development and (health/care) service provision;

| 67. | Supports the Commission’s approach with regard to age-friendly innovations; invites the Commission, however, to ensure that these innovations are user-oriented and user-friendly and to actively incorporate their potential; calls on the Commission, accordingly, to develop a methodology through which the current and future needs of older people can be evaluated, and to further involve end-users in its policies and funding programmes; recalls that features adapted to older people’s needs are proven to be generally to the advantage of all generations; |
| --- | --- |

67.

Supports the Commission’s approach with regard to age-friendly innovations; invites the Commission, however, to ensure that these innovations are user-oriented and user-friendly and to actively incorporate their potential; calls on the Commission, accordingly, to develop a methodology through which the current and future needs of older people can be evaluated, and to further involve end-users in its policies and funding programmes; recalls that features adapted to older people’s needs are proven to be generally to the advantage of all generations;

| 68. | Feels that better coordination between the different levels involved in developing solutions for active and healthy ageing is necessary, and highlights the need for multi-level governance in this area; believes that regional and local authorities should not be seen as merely implementing authorities, but should be involved in the entire decision-making and assessment process; |
| --- | --- |

68.

Feels that better coordination between the different levels involved in developing solutions for active and healthy ageing is necessary, and highlights the need for multi-level governance in this area; believes that regional and local authorities should not be seen as merely implementing authorities, but should be involved in the entire decision-making and assessment process;

| 69. | Underlines the important role of local and regional actors in modernising, improving and rationalising the delivery of health and social care services, with a view to producing models that achieve better results for individuals on the labour market; |
| --- | --- |

69.

Underlines the important role of local and regional actors in modernising, improving and rationalising the delivery of health and social care services, with a view to producing models that achieve better results for individuals on the labour market;

| 70. | Welcomes the existing initiatives on accessibility, such as the Access City Awards; calls on the Commission to adopt an ambitious European Accessibility Act to develop the market in accessible goods and services; |
| --- | --- |

70.

Welcomes the existing initiatives on accessibility, such as the Access City Awards; calls on the Commission to adopt an ambitious European Accessibility Act to develop the market in accessible goods and services;

| 71. | Encourages the idea of offering informal training to members of younger generations with a view to providing common forms of service care for elderly people; |
| --- | --- |

71.

Encourages the idea of offering informal training to members of younger generations with a view to providing common forms of service care for elderly people;

| 72. | Stresses the essential role of increased investment and spending in the field of education, training and further training, giving priority to lifelong learning and the promotion of healthy lifestyles, in order to establish a generation-friendly world of work and enable older workers to hold their own in a changing technological environment; in this light, urges a strong focus on lifelong learning within the ‘Erasmus for all’ programme, which constitutes an effective tool for fostering education and continuous professional development for Union citizens of all ages; |
| --- | --- |

72.

Stresses the essential role of increased investment and spending in the field of education, training and further training, giving priority to lifelong learning and the promotion of healthy lifestyles, in order to establish a generation-friendly world of work and enable older workers to hold their own in a changing technological environment; in this light, urges a strong focus on lifelong learning within the ‘Erasmus for all’ programme, which constitutes an effective tool for fostering education and continuous professional development for Union citizens of all ages;

| 73. | Stresses the need for a holistic approach to ageing and for comprehensive development and reform, not only in the fields of lifelong learning and the labour market but also as regards access to them, including such factors as transport, infrastructure and buildings; |
| --- | --- |

73.

Stresses the need for a holistic approach to ageing and for comprehensive development and reform, not only in the fields of lifelong learning and the labour market but also as regards access to them, including such factors as transport, infrastructure and buildings;

| 74. | Stresses the need to establish support systems for family carers; |
| --- | --- |

74.

Stresses the need to establish support systems for family carers;

| 75. | Supports the Commission’s approach with regard to promoting the creation of age-friendly environments, the latter to be understood as a crucial contributor to active and healthy ageing across the entire lifespan; points out, however, that merely promoting the creation of age-friendly environments will not be sufficient to ensure an actual improvement with regard to issues such as people’s mobility, neighbourhoods’ walkability or communities’ social participation facilities, as well as access to qualitative and affordable health and care services and to appropriate and affordable housing; |
| --- | --- |

75.

Supports the Commission’s approach with regard to promoting the creation of age-friendly environments, the latter to be understood as a crucial contributor to active and healthy ageing across the entire lifespan; points out, however, that merely promoting the creation of age-friendly environments will not be sufficient to ensure an actual improvement with regard to issues such as people’s mobility, neighbourhoods’ walkability or communities’ social participation facilities, as well as access to qualitative and affordable health and care services and to appropriate and affordable housing;

| 76. | Welcomes the objective of promoting age-friendly environments as an essential tool for supporting older workers and jobseekers and promoting inclusive societies that offer equal opportunities to all; |
| --- | --- |

76.

Welcomes the objective of promoting age-friendly environments as an essential tool for supporting older workers and jobseekers and promoting inclusive societies that offer equal opportunities to all;

| 77. | Underlines the importance of ensuring health and safety at work as a prerequisite for a sustainable working life and for active ageing, notably for workers with disabilities or chronic conditions; points out that ICT and machines could play a key role by easing physical tasks for our ageing workforce; calls on the Commission and the Member States to promote such technologies where appropriate; welcomes the recognition of the significance of prevention in the first pillar of the Strategic Implementation Plan; is convinced that prevention also plays a key role at work, by improving occupational health and consequently, reducing pressure on health and long-term care systems; |
| --- | --- |

77.

Underlines the importance of ensuring health and safety at work as a prerequisite for a sustainable working life and for active ageing, notably for workers with disabilities or chronic conditions; points out that ICT and machines could play a key role by easing physical tasks for our ageing workforce; calls on the Commission and the Member States to promote such technologies where appropriate; welcomes the recognition of the significance of prevention in the first pillar of the Strategic Implementation Plan; is convinced that prevention also plays a key role at work, by improving occupational health and consequently, reducing pressure on health and long-term care systems;

| 78. | Is convinced that comprehensive reforms are necessary in order to prevent and avoid serious shortcomings in access to labour markets which would result in a further economic slowdown and a threat to the level of prosperity in Europe; stresses, in this regard, the need to develop a broad perspective that takes account of issues such as economic policy, employment, social security, social protection, gender equality and discrimination; |
| --- | --- |

78.

Is convinced that comprehensive reforms are necessary in order to prevent and avoid serious shortcomings in access to labour markets which would result in a further economic slowdown and a threat to the level of prosperity in Europe; stresses, in this regard, the need to develop a broad perspective that takes account of issues such as economic policy, employment, social security, social protection, gender equality and discrimination;

| 79. | Welcomes the current initiatives in the field of standardisation, such as the mandates on ‘Design for All’ and accessibility of ICT and the built environment; notes the commitment made by the Commission to launch similar initiatives for European standards on eHealth and independent living; calls on the Commission and the standardisation bodies to further involve users in these initiatives in order to address their needs properly; |
| --- | --- |

79.

Welcomes the current initiatives in the field of standardisation, such as the mandates on ‘Design for All’ and accessibility of ICT and the built environment; notes the commitment made by the Commission to launch similar initiatives for European standards on eHealth and independent living; calls on the Commission and the standardisation bodies to further involve users in these initiatives in order to address their needs properly;

| 80. | Invites the Commission and the Member States to launch campaigns to improve public perceptions concerning the contribution and productivity of older workers, especially those with disabilities or chronic conditions; |
| --- | --- |

80.

Invites the Commission and the Member States to launch campaigns to improve public perceptions concerning the contribution and productivity of older workers, especially those with disabilities or chronic conditions;

| 81. | Considers that older people need to have adequate income levels, housing, access to all health, social and cultural services, and strong social networks in order to enhance their quality of life, and also that they need opportunities to continue contributing on the labour market, if so they wish, without restrictions arising from age discrimination; |
| --- | --- |

81.

Considers that older people need to have adequate income levels, housing, access to all health, social and cultural services, and strong social networks in order to enhance their quality of life, and also that they need opportunities to continue contributing on the labour market, if so they wish, without restrictions arising from age discrimination;

| 82. | Stresses the importance of supporting and facilitating older volunteers and intergenerational volunteering; believes that volunteering and ‘old people for old people’ initiatives for the ageing population could both offer a means of inclusion and make a reasonable contribution to the sustainability of long-term care systems; therefore encourages development and innovation in this field; |
| --- | --- |

82.

Stresses the importance of supporting and facilitating older volunteers and intergenerational volunteering; believes that volunteering and ‘old people for old people’ initiatives for the ageing population could both offer a means of inclusion and make a reasonable contribution to the sustainability of long-term care systems; therefore encourages development and innovation in this field;

o

o o

| 83. | Instructs its President to forward this resolution to the Council and Commission. |
| --- | --- |

83.

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

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(1)  OJ C 225, 27.7.2012, p. 46.

(2)  OJ C 229, 31.7.2012, p. 13.

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| 22.1.2016 | EN | Official Journal of the European Union | C 24/19 |
| --- | --- | --- | --- |

22.1.2016

EN

Official Journal of the European Union

C 24/19

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P7_TA(2013)0047

Preparations for CITES COP 16

European Parliament resolution of 6 February 2013 on the EU strategic objectives for the 16th meeting of the Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), to be held in Bangkok (Thailand) from 3 to 14 March 2013 (2012/2838(RSP))

(2016/C 024/04)

The European Parliament,

| — | having regard to the forthcoming 16th meeting of the Conference of the Parties (CoP16) to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), to be held from 3 to 14 March 2013 in Bangkok, Thailand, |
| --- | --- |

—

having regard to the forthcoming 16th meeting of the Conference of the Parties (CoP16) to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), to be held from 3 to 14 March 2013 in Bangkok, Thailand,

| — | having regard to the questions to the Council and to the Commission on key objectives for the CoP16 to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) in Bangkok, Thailand, 3—14 March 2013 (O-000201/2012 — B7-0109/2013 and O-000202/2012 — B7-0110/2013), |
| --- | --- |

—

having regard to the questions to the Council and to the Commission on key objectives for the CoP16 to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) in Bangkok, Thailand, 3—14 March 2013 (O-000201/2012 — B7-0109/2013 and O-000202/2012 — B7-0110/2013),

| — | 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 CITES is the largest global wildlife conservation agreement in existence, seeking to prevent the over-exploitation of wild fauna and flora through international trade, with 176 parties, including the 27 Member States of the European Union; |
| --- | --- |

A.

whereas CITES is the largest global wildlife conservation agreement in existence, seeking to prevent the over-exploitation of wild fauna and flora through international trade, with 176 parties, including the 27 Member States of the European Union;

| B. | whereas the aim of CITES is to ensure that international trade in wild animals and plants is not a threat to the survival of the species in the wild; |
| --- | --- |

B.

whereas the aim of CITES is to ensure that international trade in wild animals and plants is not a threat to the survival of the species in the wild;

| C. | whereas it is important to put long-term prosperity over short-term economic interests; |
| --- | --- |

C.

whereas it is important to put long-term prosperity over short-term economic interests;

| D. | whereas the exploitation of wild species, illegal trade in wild fauna and flora, habitat destruction, climate change and human consumption of natural resources are the main causes of biodiversity impoverishment; |
| --- | --- |

D.

whereas the exploitation of wild species, illegal trade in wild fauna and flora, habitat destruction, climate change and human consumption of natural resources are the main causes of biodiversity impoverishment;

| E. | whereas delineating intact forests and keeping areas roadless are cost-effective methods of preserving biodiversity and ecosystem services; |
| --- | --- |

E.

whereas delineating intact forests and keeping areas roadless are cost-effective methods of preserving biodiversity and ecosystem services;

| F. | whereas Annex 4 of CITES Resolution Conf. 9.24 (Rev. CoP15) refers to precautionary measures to be taken into consideration or implemented when amending the appendices; |
| --- | --- |

F.

whereas Annex 4 of CITES Resolution Conf. 9.24 (Rev. CoP15) refers to precautionary measures to be taken into consideration or implemented when amending the appendices;

| G. | whereas CITES should base its decisions on science; |
| --- | --- |

G.

whereas CITES should base its decisions on science;

| H. | whereas the species under CITES are listed in appendices according to their conservation status and levels of international trade, Appendix I containing species threatened with extinction for which commercial trade is prohibited, and Appendix II species in which trade must be controlled in order to avoid utilisation incompatible with their survival; |
| --- | --- |

H.

whereas the species under CITES are listed in appendices according to their conservation status and levels of international trade, Appendix I containing species threatened with extinction for which commercial trade is prohibited, and Appendix II species in which trade must be controlled in order to avoid utilisation incompatible with their survival;

| I. | whereas CITES Appendix I species are strongly protected, with any commercial trade in species listed therein being prohibited; whereas any permit to sell confiscated specimens or products (for example ivory, tiger bones or rhino horn) would undermine the aim of the CITES Convention; |
| --- | --- |

I.

whereas CITES Appendix I species are strongly protected, with any commercial trade in species listed therein being prohibited; whereas any permit to sell confiscated specimens or products (for example ivory, tiger bones or rhino horn) would undermine the aim of the CITES Convention;

| J. | whereas the periodic review process has shown that CITES has been successful for certain species listed in Appendix I, which can now be moved to Appendix II; |
| --- | --- |

J.

whereas the periodic review process has shown that CITES has been successful for certain species listed in Appendix I, which can now be moved to Appendix II;

| K. | whereas Aichi Target 12 of the Strategic Plan for Biodiversity 2011-2020, under the Convention on Biological Diversity, foresees that, by 2020, the extinction of known threatened species will have been prevented and their conservation status, particularly of those most in decline, will have been improved and sustained; |
| --- | --- |

K.

whereas Aichi Target 12 of the Strategic Plan for Biodiversity 2011-2020, under the Convention on Biological Diversity, foresees that, by 2020, the extinction of known threatened species will have been prevented and their conservation status, particularly of those most in decline, will have been improved and sustained;

| L. | whereas Aichi Target 6 of the Strategic Plan for Biodiversity 2011-2020, under the Convention on Biological Diversity, foresees that, by 2020, all fish and invertebrate stocks and aquatic plants will be managed and harvested sustainably, legally and applying ecosystem-based approaches, so that overfishing is avoided, recovery plans and measures are in place for all depleted species, fisheries have no significant adverse impacts on threatened species and vulnerable ecosystems and the impacts of fisheries on stocks, species and ecosystems are within safe ecological limits; |
| --- | --- |

L.

whereas Aichi Target 6 of the Strategic Plan for Biodiversity 2011-2020, under the Convention on Biological Diversity, foresees that, by 2020, all fish and invertebrate stocks and aquatic plants will be managed and harvested sustainably, legally and applying ecosystem-based approaches, so that overfishing is avoided, recovery plans and measures are in place for all depleted species, fisheries have no significant adverse impacts on threatened species and vulnerable ecosystems and the impacts of fisheries on stocks, species and ecosystems are within safe ecological limits;

| M. | whereas transparency of decision making in international environmental institutions is a key element for their effective functioning; whereas the Outcome Document of the Rio+20 Conference, ‘The Future We Want’, reaffirms that ‘to achieve our sustainable development goals we need institutions at all levels that are effective, transparent, accountable and democratic’; and whereas promoting transparency also forms part of the ‘CITES Strategic Vision: 2008-2013’ contained in CITES Resolution Conf. 14.2; |
| --- | --- |

M.

whereas transparency of decision making in international environmental institutions is a key element for their effective functioning; whereas the Outcome Document of the Rio+20 Conference, ‘The Future We Want’, reaffirms that ‘to achieve our sustainable development goals we need institutions at all levels that are effective, transparent, accountable and democratic’; and whereas promoting transparency also forms part of the ‘CITES Strategic Vision: 2008-2013’ contained in CITES Resolution Conf. 14.2;

| N. | whereas the current CITES Rules of Procedure stipulate that votes by secret ballot ‘shall not normally be used’ for issues other than the election of officers and host countries; whereas, despite this rule, a large number of votes were taken by secret ballot at the latest CoP; whereas secret ballots are regularly used for sensitive and important issues, for example with regard to marine species or the ivory trade; |
| --- | --- |

N.

whereas the current CITES Rules of Procedure stipulate that votes by secret ballot ‘shall not normally be used’ for issues other than the election of officers and host countries; whereas, despite this rule, a large number of votes were taken by secret ballot at the latest CoP; whereas secret ballots are regularly used for sensitive and important issues, for example with regard to marine species or the ivory trade;

| O. | whereas porbeagles are highly vulnerable to overexploitation in fisheries; |
| --- | --- |

O.

whereas porbeagles are highly vulnerable to overexploitation in fisheries;

| P. | whereas hammerhead sharks are threatened worldwide due to the international fin trade and bycatch, which have caused historic population declines; |
| --- | --- |

P.

whereas hammerhead sharks are threatened worldwide due to the international fin trade and bycatch, which have caused historic population declines;

| Q. | whereas a significant rise in elephant poaching is now affecting elephant populations across all four African subregions and is of serious and increasing concern; whereas the quantities of illegal ivory seized also reached unprecedented levels between 2009 and 2011; |
| --- | --- |

Q.

whereas a significant rise in elephant poaching is now affecting elephant populations across all four African subregions and is of serious and increasing concern; whereas the quantities of illegal ivory seized also reached unprecedented levels between 2009 and 2011;

| R. | whereas unsustainable and unethical trophy hunting has caused large-scale declines in CITES Appendix I- and II-listed endangered species; whereas trophy hunting is seriously undermining the aim of the CITES Convention; |
| --- | --- |

R.

whereas unsustainable and unethical trophy hunting has caused large-scale declines in CITES Appendix I- and II-listed endangered species; whereas trophy hunting is seriously undermining the aim of the CITES Convention;

| S. | whereas a lack of effective enforcement means that CITES Appendix I- and II-listed endangered species are still being killed for profit; |
| --- | --- |

S.

whereas a lack of effective enforcement means that CITES Appendix I- and II-listed endangered species are still being killed for profit;

| T. | whereas about 80 % of the rhinoceros population in Africa can be found in South Africa; whereas poaching of these animals across range states is escalating rapidly; |
| --- | --- |

T.

whereas about 80 % of the rhinoceros population in Africa can be found in South Africa; whereas poaching of these animals across range states is escalating rapidly;

| U. | whereas tigers and other Appendix I Asian big cats are still subject to significant illegal trade but there is a lack of reporting to CITES on enforcement measures and, specifically, a lack of reporting on compliance with CITES Decision 14.69, which the EU supported in 2007, to phase out tiger farming and ensure that tigers are not bred for trade (including domestic trade) in their parts and derivatives; |
| --- | --- |

U.

whereas tigers and other Appendix I Asian big cats are still subject to significant illegal trade but there is a lack of reporting to CITES on enforcement measures and, specifically, a lack of reporting on compliance with CITES Decision 14.69, which the EU supported in 2007, to phase out tiger farming and ensure that tigers are not bred for trade (including domestic trade) in their parts and derivatives;

| V. | whereas climate change is a significant threat to polar bears (Ursus maritimus); whereas hunting and commercial trade in polar bear parts also pose a serious threat; |
| --- | --- |

V.

whereas climate change is a significant threat to polar bears (Ursus maritimus); whereas hunting and commercial trade in polar bear parts also pose a serious threat;

| W. | whereas the European Union is a major import market for reptiles as pets, including imports of species that are listed under CITES; |
| --- | --- |

W.

whereas the European Union is a major import market for reptiles as pets, including imports of species that are listed under CITES;

| X. | whereas many turtle species are heavily exploited for food markets and the international pet trade; |
| --- | --- |

X.

whereas many turtle species are heavily exploited for food markets and the international pet trade;

| Y. | whereas increasing fishing pressure driven by international trade in ray gill plates has led to significant rates of decline in the population sizes of Manta rays (Manta spp.) and other ray species; |
| --- | --- |

Y.

whereas increasing fishing pressure driven by international trade in ray gill plates has led to significant rates of decline in the population sizes of Manta rays (Manta spp.) and other ray species;

| Z. | whereas international fisheries instruments and CITES should work towards the same objective of ensuring the long-term conservation of fish stocks on the high seas, taking account inter alia of the impact of bycatch on non-target species; |
| --- | --- |

Z.

whereas international fisheries instruments and CITES should work towards the same objective of ensuring the long-term conservation of fish stocks on the high seas, taking account inter alia of the impact of bycatch on non-target species;

| AA. | whereas the CITES Convention currently includes provisions on ‘introduction from the sea’ that are unclear and, more specifically, provisions on the ‘State of introduction’ when species are caught on the high seas; |
| --- | --- |

AA.

whereas the CITES Convention currently includes provisions on ‘introduction from the sea’ that are unclear and, more specifically, provisions on the ‘State of introduction’ when species are caught on the high seas;

| AB. | whereas the CITES Working Group on Introduction from the Sea has proposed a solution respecting the jurisdiction of the Flag State which would be responsible for issuing the CITES documentation, with some narrow exceptions related to chartered fishing vessels; |
| --- | --- |

AB.

whereas the CITES Working Group on Introduction from the Sea has proposed a solution respecting the jurisdiction of the Flag State which would be responsible for issuing the CITES documentation, with some narrow exceptions related to chartered fishing vessels;

| AC. | whereas the proper functioning of the CITES Convention is likely to require Parties to considerably step up funding over the next few years; |
| --- | --- |

AC.

whereas the proper functioning of the CITES Convention is likely to require Parties to considerably step up funding over the next few years;

| AD. | whereas the European Union does not contribute directly to the CITES Convention; whereas it is, however, one of the main donors through its development aid; |
| --- | --- |

AD.

whereas the European Union does not contribute directly to the CITES Convention; whereas it is, however, one of the main donors through its development aid;

| 1. | Calls on the European Union and the Member States to use the precautionary principle as the leading principle for all their decisions on working documents and listing proposals, taking into account, in particular, the user-pays principle, the ecosystem approach and traditional conservation principles; |
| --- | --- |

1.

Calls on the European Union and the Member States to use the precautionary principle as the leading principle for all their decisions on working documents and listing proposals, taking into account, in particular, the user-pays principle, the ecosystem approach and traditional conservation principles;

| 2. | Urges the European Union and the Member States to speak with one voice and to improve the speed and efficiency of their internal decision-making procedures so as to be able to agree quickly on an internal EU position for CITES CoP16 and make full use of the strength of having 27 Parties within the EU to move CoP16 decisions towards a precautionary direction; |
| --- | --- |

2.

Urges the European Union and the Member States to speak with one voice and to improve the speed and efficiency of their internal decision-making procedures so as to be able to agree quickly on an internal EU position for CITES CoP16 and make full use of the strength of having 27 Parties within the EU to move CoP16 decisions towards a precautionary direction;

| 3. | Urges the European Union to play a leading role in the protection of endangered species, by taking an active part in negotiations on the CITES Convention and promoting the removal of loopholes that aggravate the situation; deplores the fact that there have been allegations about Member States and European Union citizens being used as intermediaries in the transfer of rhino horn into Vietnam or other countries where it has high commercial value and thereby stimulating demand and further poaching; |
| --- | --- |

3.

Urges the European Union to play a leading role in the protection of endangered species, by taking an active part in negotiations on the CITES Convention and promoting the removal of loopholes that aggravate the situation; deplores the fact that there have been allegations about Member States and European Union citizens being used as intermediaries in the transfer of rhino horn into Vietnam or other countries where it has high commercial value and thereby stimulating demand and further poaching;

| 4. | Urges the European Union and the Member States to reach out to third countries, both prior to and during the Conference, and to establish alliances; |
| --- | --- |

4.

Urges the European Union and the Member States to reach out to third countries, both prior to and during the Conference, and to establish alliances;

| 5. | Encourages the CITES Parties to consider further opportunities to strengthen cooperation, coordination and synergies among biodiversity-related conventions at all relevant levels; |
| --- | --- |

5.

Encourages the CITES Parties to consider further opportunities to strengthen cooperation, coordination and synergies among biodiversity-related conventions at all relevant levels;

Transparency of decision making

| 6. | Strongly opposes the use of secret ballots as a general practice within CITES, given that the CITES Rules of Procedure provide for it to be used in exceptional circumstances only; supports in this context the relevant proposal made by Denmark on behalf of the EU Member States; |
| --- | --- |

6.

Strongly opposes the use of secret ballots as a general practice within CITES, given that the CITES Rules of Procedure provide for it to be used in exceptional circumstances only; supports in this context the relevant proposal made by Denmark on behalf of the EU Member States;

| 7. | Welcomes the proposal by Denmark on behalf of the EU Member States to include in Resolution Conf. 11.1 (Rev. CoP15) a new paragraph on conflicts of interest; |
| --- | --- |

7.

Welcomes the proposal by Denmark on behalf of the EU Member States to include in Resolution Conf. 11.1 (Rev. CoP15) a new paragraph on conflicts of interest;

Funding

| 8. | Urges the Commission to ensure continuity of funding through its development aid with a view to achieving the CITES objectives; specifically refers, in this context, to the ongoing MIKE programme (Monitoring the Illegal Killing of Elephants) which, subject to an independent review and assessment of its effectiveness, could be up for renewed commitment from the European Union; |
| --- | --- |

8.

Urges the Commission to ensure continuity of funding through its development aid with a view to achieving the CITES objectives; specifically refers, in this context, to the ongoing MIKE programme (Monitoring the Illegal Killing of Elephants) which, subject to an independent review and assessment of its effectiveness, could be up for renewed commitment from the European Union;

| 9. | Encourages the Commission and the EU Member States to look into possibilities of providing for long-term financial support to the CITES Convention through the European Development Fund; |
| --- | --- |

9.

Encourages the Commission and the EU Member States to look into possibilities of providing for long-term financial support to the CITES Convention through the European Development Fund;

| 10. | Supports the proposal for CITES to ask the Global Environment Facility (GEF) to serve as a financial mechanism for CITES and also to open the biodiversity strategy for GEF 6 to include a species component (1); |
| --- | --- |

10.

Supports the proposal for CITES to ask the Global Environment Facility (GEF) to serve as a financial mechanism for CITES and also to open the biodiversity strategy for GEF 6 to include a species component (1);

Introduction from the sea

| 11. | Welcomes the discussions and progress made in the CITES Working Group on Introduction from the Sea; supports CoP16 Doc.32, aimed at improving enforcement for CITES-listed marine species caught in seas outside the jurisdiction of any State, and urges the Parties to conclude work on the issue at the CoP16 meeting; |
| --- | --- |

11.

Welcomes the discussions and progress made in the CITES Working Group on Introduction from the Sea; supports CoP16 Doc.32, aimed at improving enforcement for CITES-listed marine species caught in seas outside the jurisdiction of any State, and urges the Parties to conclude work on the issue at the CoP16 meeting;

Sharks

| 12. | Welcomes the proposal from Brazil, Comoros, Croatia, Egypt, and Denmark on behalf of the European Union Member States to include the porbeagle shark (Lamna nasus) in Appendix II; urges the European Union and the Member States to support this proposal; |
| --- | --- |

12.

Welcomes the proposal from Brazil, Comoros, Croatia, Egypt, and Denmark on behalf of the European Union Member States to include the porbeagle shark (Lamna nasus) in Appendix II; urges the European Union and the Member States to support this proposal;

| 13. | Welcomes the proposal from Brazil, Colombia, Costa Rica, Ecuador, Honduras, Mexico, and Denmark on behalf of the European Union Member States to include three hammerhead shark species (Sphyrna spp) in Appendix II; urges the Commission and the Member States to support this proposal; |
| --- | --- |

13.

Welcomes the proposal from Brazil, Colombia, Costa Rica, Ecuador, Honduras, Mexico, and Denmark on behalf of the European Union Member States to include three hammerhead shark species (Sphyrna spp) in Appendix II; urges the Commission and the Member States to support this proposal;

| 14. | Urges the European Union and the Member States to support the proposal to include the oceanic whitetip shark (Carcharhinus longimanus) in CITES Appendix II, tabled by Brazil, Colombia and the United States of America; |
| --- | --- |

14.

Urges the European Union and the Member States to support the proposal to include the oceanic whitetip shark (Carcharhinus longimanus) in CITES Appendix II, tabled by Brazil, Colombia and the United States of America;

Elephant ivory and rhino horn

| 15. | Welcomes the withdrawal of the Tanzanian proposal for the downlisting of its African elephant (Loxodonta africana) population from Appendix I to Appendix II and for a one-off sale of Tanzanian stocks of elephant ivory; |
| --- | --- |

15.

Welcomes the withdrawal of the Tanzanian proposal for the downlisting of its African elephant (Loxodonta africana) population from Appendix I to Appendix II and for a one-off sale of Tanzanian stocks of elephant ivory;

| 16. | Urges the European Union and the Member States to reject any proposals to downlist the African elephant or the trade in African elephant ivory until an assessment can be made of the impact of the one-off sale in November 2008 by Botswana, Namibia, South Africa and Zimbabwe and it has been established that that the one-off sale has had no adverse effect on elephant populations in those countries or in neighbouring countries; |
| --- | --- |

16.

Urges the European Union and the Member States to reject any proposals to downlist the African elephant or the trade in African elephant ivory until an assessment can be made of the impact of the one-off sale in November 2008 by Botswana, Namibia, South Africa and Zimbabwe and it has been established that that the one-off sale has had no adverse effect on elephant populations in those countries or in neighbouring countries;

| 17. | Encourages the CITES Parties, bearing in mind the current elephant poaching crisis, to take a precautionary approach and base their decisions on the possible impact on elephant conservation and the implementation of the African Elephant Action Plan when considering the decision-making mechanism for a future trade in elephant ivory after the complete nine-year resting period starting from the one-off sale in November 2008 by Botswana, Namibia, South Africa and Zimbabwe; calls, accordingly, on the European Union and the Member States to support a proposal to amend Decision 14.77 on a decision-making mechanism for a future trade in elephant ivory, tabled by Benin, Burkina Faso, Central African Republic, Côte d’Ivoire, Kenya, Liberia, Nigeria and Togo; |
| --- | --- |

17.

Encourages the CITES Parties, bearing in mind the current elephant poaching crisis, to take a precautionary approach and base their decisions on the possible impact on elephant conservation and the implementation of the African Elephant Action Plan when considering the decision-making mechanism for a future trade in elephant ivory after the complete nine-year resting period starting from the one-off sale in November 2008 by Botswana, Namibia, South Africa and Zimbabwe; calls, accordingly, on the European Union and the Member States to support a proposal to amend Decision 14.77 on a decision-making mechanism for a future trade in elephant ivory, tabled by Benin, Burkina Faso, Central African Republic, Côte d’Ivoire, Kenya, Liberia, Nigeria and Togo;

| 18. | Encourages the CITES Parties to support the adoption of the resolution on the African Elephant Action Plan, as tabled by Nigeria and Rwanda, and the implementation of this plan as the most efficient way forward for the conservation of elephants across Africa; |
| --- | --- |

18.

Encourages the CITES Parties to support the adoption of the resolution on the African Elephant Action Plan, as tabled by Nigeria and Rwanda, and the implementation of this plan as the most efficient way forward for the conservation of elephants across Africa;

| 19. | Calls on the European Union, the Member States and all CITES Parties to support Kenya’s proposal for a temporary zero quota on exports of rhino trophies from South Africa and Swaziland, and calls on the CITES Parties to look into measures on how to reduce the demand for rhino horn; |
| --- | --- |

19.

Calls on the European Union, the Member States and all CITES Parties to support Kenya’s proposal for a temporary zero quota on exports of rhino trophies from South Africa and Swaziland, and calls on the CITES Parties to look into measures on how to reduce the demand for rhino horn;

| 20. | Calls on the parties to reduce the annual national export quotas for trophy hunting of CITES Appendix I- and II-listed endangered species; |
| --- | --- |

20.

Calls on the parties to reduce the annual national export quotas for trophy hunting of CITES Appendix I- and II-listed endangered species;

| 21. | Calls on all Parties where rhino horn is consumed, and Vietnam in particular, to take urgent measures to stop the illegal importation of rhino horns, to impose severe penalties on those who violate the law and to take measures to educate consumers about the impact of their consumption on wild rhino populations; calls on the Commission and the Member States to address these issues in trade negotiations with the respective Parties; |
| --- | --- |

21.

Calls on all Parties where rhino horn is consumed, and Vietnam in particular, to take urgent measures to stop the illegal importation of rhino horns, to impose severe penalties on those who violate the law and to take measures to educate consumers about the impact of their consumption on wild rhino populations; calls on the Commission and the Member States to address these issues in trade negotiations with the respective Parties;

Big cats

| 22. | Urges the European Union and the Member States to call for trade suspensions against Parties that have failed to comply with CITES Decision 14.69 on tigers, and Parties that encourage the breeding of tigers for trade in their parts and derivatives; |
| --- | --- |

22.

Urges the European Union and the Member States to call for trade suspensions against Parties that have failed to comply with CITES Decision 14.69 on tigers, and Parties that encourage the breeding of tigers for trade in their parts and derivatives;

| 23. | Urges the CITES Parties to stop unsustainable and unethical trophy hunting, which has caused large-scale declines in African lion populations; |
| --- | --- |

23.

Urges the CITES Parties to stop unsustainable and unethical trophy hunting, which has caused large-scale declines in African lion populations;

| 24. | Regrets that no proposal has been submitted to transfer the lion (Panthera leo) from CITES Appendix II to Appendix I; |
| --- | --- |

24.

Regrets that no proposal has been submitted to transfer the lion (Panthera leo) from CITES Appendix II to Appendix I;

Reptiles

| 25. | Urges the European Union and the Member States to support a series of proposals to add several species of turtles and tortoises from North America and Asia to CITES Appendix II and to transfer seven species to Appendix I; |
| --- | --- |

25.

Urges the European Union and the Member States to support a series of proposals to add several species of turtles and tortoises from North America and Asia to CITES Appendix II and to transfer seven species to Appendix I;

| 26. | Urges the European Union and the Member States, as regards alternative proposals for three species of freshwater box turtles (Cuora galbinifrons, Mauremys annamensis and Geoemyda japonica), to support the stronger proposals from the range states (Vietnam and Japan), in line with the expert recommendations from a CITES workshop in Singapore; |
| --- | --- |

26.

Urges the European Union and the Member States, as regards alternative proposals for three species of freshwater box turtles (Cuora galbinifrons, Mauremys annamensis and Geoemyda japonica), to support the stronger proposals from the range states (Vietnam and Japan), in line with the expert recommendations from a CITES workshop in Singapore;

| 27. | Calls for the European Union and the Member States to support the proposal to include New Zealand green geckos (Naultinus spp.) and the Mangshan pit-viper (Protobothrops mangshanensis) in CITES Appendix II, tabled by the only range states, New Zealand and China respectively; |
| --- | --- |

27.

Calls for the European Union and the Member States to support the proposal to include New Zealand green geckos (Naultinus spp.) and the Mangshan pit-viper (Protobothrops mangshanensis) in CITES Appendix II, tabled by the only range states, New Zealand and China respectively;

| 28. | Urges the European Union and the Member States to support a draft decision on snake trade and conservation management, tabled by Switzerland; |
| --- | --- |

28.

Urges the European Union and the Member States to support a draft decision on snake trade and conservation management, tabled by Switzerland;

Other species

| 29. | Urges the European Union and the EU Member States to support a draft decision tabled by Ethiopia, Kenya and Uganda to study legal and illegal trade in cheetahs; |
| --- | --- |

29.

Urges the European Union and the EU Member States to support a draft decision tabled by Ethiopia, Kenya and Uganda to study legal and illegal trade in cheetahs;

| 30. | Welcomes the work undertaken by the International Commission for the Conservation of Atlantic Tunas (ICCAT) following the momentum created at CITES CoP15 in 2010; |
| --- | --- |

30.

Welcomes the work undertaken by the International Commission for the Conservation of Atlantic Tunas (ICCAT) following the momentum created at CITES CoP15 in 2010;

| 31. | Regrets that no proposal has been put forward to include the northern bluefin tuna (Thunnus thynnus) in CITES Appendix I; |
| --- | --- |

31.

Regrets that no proposal has been put forward to include the northern bluefin tuna (Thunnus thynnus) in CITES Appendix I;

| 32. | Regrets that no proposal has been put forward to include Corallium spp. and Paracorallium spp. in CITES Appendix II; |
| --- | --- |

32.

Regrets that no proposal has been put forward to include Corallium spp. and Paracorallium spp. in CITES Appendix II;

| 33. | Urges the European Union and the Member States to support the following:






  — | the inclusion of the Manta rays (Manta spp.) in CITES Appendix II, as proposed by Brazil, Colombia and Ecuador; and the inclusion of other ray species in Appendix II, as proposed by Colombia and Ecuador; |
| --- | --- | --- |

33.

Urges the European Union and the Member States to support the following:

—

the inclusion of the Manta rays (Manta spp.) in CITES Appendix II, as proposed by Brazil, Colombia and Ecuador; and the inclusion of other ray species in Appendix II, as proposed by Colombia and Ecuador;

| — | the transfer of polar bears (Ursus maritimus) from CITES Appendix II to Appendix I, as proposed by the USA and supported by the Russian Federation; |
| --- | --- |

—

the transfer of polar bears (Ursus maritimus) from CITES Appendix II to Appendix I, as proposed by the USA and supported by the Russian Federation;

| — | the transfer of the West African Manatee (Trichesurus senegalensis) from Appendix II to Appendix I, as proposed by Benin, Senegal and Sierra Leone; |
| --- | --- |

—

the transfer of the West African Manatee (Trichesurus senegalensis) from Appendix II to Appendix I, as proposed by Benin, Senegal and Sierra Leone;

| — | the transfer of the Freshwater Sawfish (Pristis microdon) from Appendix II to Appendix I, as proposed by Australia; |
| --- | --- |

—

the transfer of the Freshwater Sawfish (Pristis microdon) from Appendix II to Appendix I, as proposed by Australia;

| — | the inclusion of several rosewood species (Dalbergia spp.) and ebony species (Diospyros spp.) in CITES Appendix II, as proposed by Madagascar, Belize, Thailand and Vietnam; |
| --- | --- |

—

the inclusion of several rosewood species (Dalbergia spp.) and ebony species (Diospyros spp.) in CITES Appendix II, as proposed by Madagascar, Belize, Thailand and Vietnam;

| — | the inclusion of several species internationally traded as ornamental plants (Adenia firingalavensis, Adenia subsessifolia, Cyphostemma laza, Operculicarya decaryi, Senna meridionalis, Uncarina stellulifera and Uncarina grandidieri) in CITES Appendix II, as proposed by the only range state, Madagascar; |
| --- | --- |

—

the inclusion of several species internationally traded as ornamental plants (Adenia firingalavensis, Adenia subsessifolia, Cyphostemma laza, Operculicarya decaryi, Senna meridionalis, Uncarina stellulifera and Uncarina grandidieri) in CITES Appendix II, as proposed by the only range state, Madagascar;

| 34. | Calls on the European Union and the EU Member States to oppose the following:






  — | the proposed change to the CITES Strategic Vision Statement, requiring CITES to contribute to other globally agreed goals instead of the current goal ‘to contribute to significantly reduce the rate of biodiversity loss’; |
| --- | --- | --- |

34.

Calls on the European Union and the EU Member States to oppose the following:

—

the proposed change to the CITES Strategic Vision Statement, requiring CITES to contribute to other globally agreed goals instead of the current goal ‘to contribute to significantly reduce the rate of biodiversity loss’;

| — | the disposal or sale of illegally traded and confiscated specimens of Appendix I, II and III species, as proposed by Indonesia; |
| --- | --- |

—

the disposal or sale of illegally traded and confiscated specimens of Appendix I, II and III species, as proposed by Indonesia;

| — | the transfer of three crocodile species (Crocodylus acutus, C. porosus, and C. siamensis) from CITES Appendix I to Appendix II, as proposed by Colombia and Thailand; |
| --- | --- |

—

the transfer of three crocodile species (Crocodylus acutus, C. porosus, and C. siamensis) from CITES Appendix I to Appendix II, as proposed by Colombia and Thailand;

| — | the downlisting of Attwater’s Greater Prairie Chicken (Tympanuchus cupido attwateri) from Appendix I to Appendix II, as requested by the Animals Committee, on the grounds that, although the last single seized illegal shipment occurred in 1998, wild populations of this subspecies declined in 2012 by 58 % to only 46 birds in the wild; |
| --- | --- |

—

the downlisting of Attwater’s Greater Prairie Chicken (Tympanuchus cupido attwateri) from Appendix I to Appendix II, as requested by the Animals Committee, on the grounds that, although the last single seized illegal shipment occurred in 1998, wild populations of this subspecies declined in 2012 by 58 % to only 46 birds in the wild;

| — | the deletion of Sonnerat’s Junglefowl (Gallus sonnerati) and blood pheasants (Ithaginis cruentus) from Appendix II, as requested by the Animals Committee, as wild populations of both species are in gradual decline, there is considerable international trade in Gallus sonnerati for pet markets, some of the subspecies of Ithaginis cruentus are distributed in a narrow range, with a very limited population, and China, as a range state, is opposed to deleting Blood Pheasants; |
| --- | --- |

—

the deletion of Sonnerat’s Junglefowl (Gallus sonnerati) and blood pheasants (Ithaginis cruentus) from Appendix II, as requested by the Animals Committee, as wild populations of both species are in gradual decline, there is considerable international trade in Gallus sonnerati for pet markets, some of the subspecies of Ithaginis cruentus are distributed in a narrow range, with a very limited population, and China, as a range state, is opposed to deleting Blood Pheasants;

| — | the deletion of the Imperial Woodpecker (Campephilus imperialis) from Appendix I, on the grounds that, although this species is regarded as ‘possibly extinct’, anecdotal reports of sightings are regularly pursued; |
| --- | --- |

—

the deletion of the Imperial Woodpecker (Campephilus imperialis) from Appendix I, on the grounds that, although this species is regarded as ‘possibly extinct’, anecdotal reports of sightings are regularly pursued;

| — | the deletion of Gastric-Brooding Frogs (Rheobatrachus silus and Rheobatrachus vitellinus) from CITES Appendix II, as proposed by Australia, as these species may not yet be extinct, and field studies are currently being conducted to identify remaining populations; |
| --- | --- |

—

the deletion of Gastric-Brooding Frogs (Rheobatrachus silus and Rheobatrachus vitellinus) from CITES Appendix II, as proposed by Australia, as these species may not yet be extinct, and field studies are currently being conducted to identify remaining populations;

o

o o

| 35. | Instructs its President to forward this resolution to the Council, the Commission, the Parties to CITES and the CITES Secretariat. |
| --- | --- |

35.

Instructs its President to forward this resolution to the Council, the Commission, the Parties to CITES and the CITES Secretariat.

---

(1)  http://www.cites.org/eng/cop/16/doc/E-CoP16-08-04.pdf

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| 22.1.2016 | EN | Official Journal of the European Union | C 24/24 |
| --- | --- | --- | --- |

22.1.2016

EN

Official Journal of the European Union

C 24/24

---

P7_TA(2013)0048

Guidelines for the 2014 budget — sections other than the Commission

European Parliament resolution of 6 February 2013 on the guidelines for the 2014 budget procedure, Section I — European Parliament, Section II — Council, Section IV — Court of Justice, Section V — Court of Auditors, Section VI — European Economic and Social Committee, Section VII — Committee of the Regions, Section VIII — European Ombudsman, Section IX — European Data Protection Supervisor, Section X — European External Action Service (2013/2003(BUD))

(2016/C 024/05)

The European Parliament,

| — | having regard to Article 314 of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 314 of the Treaty on the Functioning of the European Union,

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

—

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

| — | having regard to Council Decision 2007/436/EC, Euratom of 7 June 2007 on the system of the European Communities’ own resources (2), |
| --- | --- |

—

having regard to Council Decision 2007/436/EC, Euratom of 7 June 2007 on the system of the European Communities’ own resources (2),

| — | having regard to the Annual Report of the Court of Auditors on the implementation of the budget for the financial year 2011, together with the institutions’ replies (3), |
| --- | --- |

—

having regard to the Annual Report of the Court of Auditors on the implementation of the budget for the financial year 2011, together with the institutions’ replies (3),

| — | having regard to Title II, Chapter 7 of its Rules of Procedure, |
| --- | --- |

—

having regard to Title II, Chapter 7 of its Rules of Procedure,

| — | having regard to the report of the Committee on Budgets (A7-0020/2013), |
| --- | --- |

—

having regard to the report of the Committee on Budgets (A7-0020/2013),

| A. | whereas the agreement on the new multiannual financial framework (MFF) for 2014 to 2020 has still not been reached and, therefore, the ceiling for Heading 5 for the EU’s budget in 2014 has not yet been established, while the ceiling for Heading 5 in 2013 is EUR 9 181 million in current prices (4), and this ceiling, after the annual technical adjustment (5), would be extended for 2014, should an agreement on the next MFF not be achieved in due time; |
| --- | --- |

A.

whereas the agreement on the new multiannual financial framework (MFF) for 2014 to 2020 has still not been reached and, therefore, the ceiling for Heading 5 for the EU’s budget in 2014 has not yet been established, while the ceiling for Heading 5 in 2013 is EUR 9 181 million in current prices (4), and this ceiling, after the annual technical adjustment (5), would be extended for 2014, should an agreement on the next MFF not be achieved in due time;

| B. | whereas, in a context of a heavy burden of public debt and of restraint in times of ongoing national budgetary consolidation efforts, the European Parliament, and all the EU institutions, should continue to exercise a high degree of budgetary responsibility, control and self-restraint; |
| --- | --- |

B.

whereas, in a context of a heavy burden of public debt and of restraint in times of ongoing national budgetary consolidation efforts, the European Parliament, and all the EU institutions, should continue to exercise a high degree of budgetary responsibility, control and self-restraint;

| C. | whereas the smooth functioning of Parliament shall be an equally important guiding principle; |
| --- | --- |

C.

whereas the smooth functioning of Parliament shall be an equally important guiding principle;

| D. | whereas certain investments may have a sustainable impact on the institutional budget and should therefore be considered despite tight margins for manoeuvre; |
| --- | --- |

D.

whereas certain investments may have a sustainable impact on the institutional budget and should therefore be considered despite tight margins for manoeuvre;

| E. | whereas, at this stage of the annual procedure, Parliament is awaiting the other institutions’ estimates and its own Bureau’s proposals for the 2014 budget; |
| --- | --- |

E.

whereas, at this stage of the annual procedure, Parliament is awaiting the other institutions’ estimates and its own Bureau’s proposals for the 2014 budget;

| F. | whereas the one-off financial implications of the European elections in mid-2014 will have to be borne into mind; |
| --- | --- |

F.

whereas the one-off financial implications of the European elections in mid-2014 will have to be borne into mind;

General framework and priorities for the 2014 budget

| 1. | Maintains that the institutions should continue to limit or freeze their administrative budgets in solidarity with the difficult economic and budgetary conditions in the Member States, without prejudice to the quality of core institutional activities, respect for legal obligations and the need for development investment; |
| --- | --- |

1.

Maintains that the institutions should continue to limit or freeze their administrative budgets in solidarity with the difficult economic and budgetary conditions in the Member States, without prejudice to the quality of core institutional activities, respect for legal obligations and the need for development investment;

| 2. | Believes that the 2014 appropriations should be based on a careful analysis of appropriation outturn in 2012 and 2013, with a view to making savings on lines where problems have arisen in implementation; considers that real savings and efficiencies can be made by identifying overlaps and inefficiencies across budgetary lines; |
| --- | --- |

2.

Believes that the 2014 appropriations should be based on a careful analysis of appropriation outturn in 2012 and 2013, with a view to making savings on lines where problems have arisen in implementation; considers that real savings and efficiencies can be made by identifying overlaps and inefficiencies across budgetary lines;

| 3. | Urges the institutions to strengthen their mutual cooperation in view of sharing best practices where possible and justified and of identifying savings through pooling and sharing of human and technical resources, for example in information technology systems, translation, interpretation and transportation services and, possibly, other areas; |
| --- | --- |

3.

Urges the institutions to strengthen their mutual cooperation in view of sharing best practices where possible and justified and of identifying savings through pooling and sharing of human and technical resources, for example in information technology systems, translation, interpretation and transportation services and, possibly, other areas;

Parliament

| 4. | Underlines the fact that institutional restraint has, considering the level of relevant inflation rates, resulted in reducing the EP budget in real terms; recalls that this was made possible through strict budgetary planning and control, the strong commitment of its responsible committee and work reorganisation, notably cuts in travel-related budget lines, reduced length and number of missions, increased use of video-conferencing and optimised translation and interpretation services; recalls that already agreed structural reforms, some of which apply since 2011, are estimated to allow annual savings of approximately EUR 29 million — with a further saving of EUR 10 million in the forecast interest rate on real estate financing over future years made possible by prepayments — despite the need to absorb the increase of competences and the added costs of 18 additional Members resulting from the entry into force of the Lisbon Treaty and the preparation for Croatia’s accession; |
| --- | --- |

4.

Underlines the fact that institutional restraint has, considering the level of relevant inflation rates, resulted in reducing the EP budget in real terms; recalls that this was made possible through strict budgetary planning and control, the strong commitment of its responsible committee and work reorganisation, notably cuts in travel-related budget lines, reduced length and number of missions, increased use of video-conferencing and optimised translation and interpretation services; recalls that already agreed structural reforms, some of which apply since 2011, are estimated to allow annual savings of approximately EUR 29 million — with a further saving of EUR 10 million in the forecast interest rate on real estate financing over future years made possible by prepayments — despite the need to absorb the increase of competences and the added costs of 18 additional Members resulting from the entry into force of the Lisbon Treaty and the preparation for Croatia’s accession;

| 5. | Recalls that visible signs of self-restraint are the freeze on all of the Members’ allowances at the 2011 level until the end of the current parliamentary term and the fact that staff mission allowances have not been indexed since 2007; |
| --- | --- |

5.

Recalls that visible signs of self-restraint are the freeze on all of the Members’ allowances at the 2011 level until the end of the current parliamentary term and the fact that staff mission allowances have not been indexed since 2007;

| 6. | Encourages the continuation of structural and organisational reforms that aim to achieve greater efficiencies without jeopardising legislative excellence and the quality of working conditions; supports organisational innovation to improve Parliament’s effectiveness and the Members’ quality of services and working conditions, including, but not limited to, more efficient structuring of Parliament’s working rhythm, and translation and interpretation services (without endangering the principle of multilingualism), optimal logistical solutions including transport logistics for Members and their assistants, savings in catering costs, improved in-house research assistance, and continuing and further developing a paperless Parliament and e-meetings; recalls the request for a cost-benefit analysis of the paperless meetings, and calls on the administration to present it to the Committee on Budgets by mid-2013 at the latest; |
| --- | --- |

6.

Encourages the continuation of structural and organisational reforms that aim to achieve greater efficiencies without jeopardising legislative excellence and the quality of working conditions; supports organisational innovation to improve Parliament’s effectiveness and the Members’ quality of services and working conditions, including, but not limited to, more efficient structuring of Parliament’s working rhythm, and translation and interpretation services (without endangering the principle of multilingualism), optimal logistical solutions including transport logistics for Members and their assistants, savings in catering costs, improved in-house research assistance, and continuing and further developing a paperless Parliament and e-meetings; recalls the request for a cost-benefit analysis of the paperless meetings, and calls on the administration to present it to the Committee on Budgets by mid-2013 at the latest;

| 7. | Calls for the implementation of lean and efficient management methods in Parliament in order to reduce administrative burdens and thereby save the institution time and money; |
| --- | --- |

7.

Calls for the implementation of lean and efficient management methods in Parliament in order to reduce administrative burdens and thereby save the institution time and money;

| 8. | Considers that the Joint Bureau and Committee on Budgets Working Group on the Parliament budget could, on the basis the work it began in 2012, play a useful role in this reform, by identifying possible savings and reflecting on and presenting to the Committee on Budgets ideas for improving efficiency; notes that the working group has already largely achieved the objectives established for it at the end of 2011, in particular as regards the reduction of travel expenses; in the light of the Group’s preliminary findings based, inter alia, on comparative studies of the European Parliament’s budget with the budgets of the US Congress and a sample of Member States’ parliaments, encourages the continuation of its work and the development of a corresponding action plan, to be presented to both the Committee on Budgets and the Bureau for consideration in the 2014 Parliament budget process; recalls its resolution of 23 October 2012 (6) in which it expressed the expectation that these studies will ‘create long-term savings in the Parliament’s budget and present ideas for improving efficiency in 2013 and the following years’; notes that the European Parliament has lower overall spending per inhabitant than comparable Member State parliaments and the US Congress; notes further that there is a need to strengthen the scrutiny role of Parliament and to provide it with better-targeted research support so that it is able to fulfil its role in democratic representation; |
| --- | --- |

8.

Considers that the Joint Bureau and Committee on Budgets Working Group on the Parliament budget could, on the basis the work it began in 2012, play a useful role in this reform, by identifying possible savings and reflecting on and presenting to the Committee on Budgets ideas for improving efficiency; notes that the working group has already largely achieved the objectives established for it at the end of 2011, in particular as regards the reduction of travel expenses; in the light of the Group’s preliminary findings based, inter alia, on comparative studies of the European Parliament’s budget with the budgets of the US Congress and a sample of Member States’ parliaments, encourages the continuation of its work and the development of a corresponding action plan, to be presented to both the Committee on Budgets and the Bureau for consideration in the 2014 Parliament budget process; recalls its resolution of 23 October 2012 (6) in which it expressed the expectation that these studies will ‘create long-term savings in the Parliament’s budget and present ideas for improving efficiency in 2013 and the following years’; notes that the European Parliament has lower overall spending per inhabitant than comparable Member State parliaments and the US Congress; notes further that there is a need to strengthen the scrutiny role of Parliament and to provide it with better-targeted research support so that it is able to fulfil its role in democratic representation;

| 9. | Welcomes, more generally, the enhanced cooperation between the Committee on Budgets and the Bureau during the annual budget procedure; stands ready to further strengthen the cooperation between the Secretary-General, the Bureau, and the Committee on Budgets throughout the year with a view to ensuring a smooth budgetary process and effective implementation of the budget; expects the Bureau to present prudent needs-based draft estimates that take account of possible subsequent increases arising from legally binding obligations, in particular the one-off costs related to Members’ transition arrangements for the 2014 European elections; calls on the Secretary-General to provide information on the costs of the transition arrangements for the previous European Parliament; |
| --- | --- |

9.

Welcomes, more generally, the enhanced cooperation between the Committee on Budgets and the Bureau during the annual budget procedure; stands ready to further strengthen the cooperation between the Secretary-General, the Bureau, and the Committee on Budgets throughout the year with a view to ensuring a smooth budgetary process and effective implementation of the budget; expects the Bureau to present prudent needs-based draft estimates that take account of possible subsequent increases arising from legally binding obligations, in particular the one-off costs related to Members’ transition arrangements for the 2014 European elections; calls on the Secretary-General to provide information on the costs of the transition arrangements for the previous European Parliament;

| 10. | Recalls the decision adopted in plenary calling for the Council to present a roadmap by June 2013 on the multiple seats of the EP, and expects both the committees concerned, the Secretary-General and the Bureau to provide Members with up-to-date figures and information on the financial and environmental impact of the multiple seat arrangement; suggests that the EP’s own impact assessment services examine this question, including with respect to the impact of the EP’s presence or partial presence on the respective communities and regions, and present an assessment by June 2013 in order for their findings to be considered in the context of the next MFF; |
| --- | --- |

10.

Recalls the decision adopted in plenary calling for the Council to present a roadmap by June 2013 on the multiple seats of the EP, and expects both the committees concerned, the Secretary-General and the Bureau to provide Members with up-to-date figures and information on the financial and environmental impact of the multiple seat arrangement; suggests that the EP’s own impact assessment services examine this question, including with respect to the impact of the EP’s presence or partial presence on the respective communities and regions, and present an assessment by June 2013 in order for their findings to be considered in the context of the next MFF;

| 11. | Calls on Parliament’s relevant services to make an assessment of the agreement, between the authorities in Luxembourg and the European Parliament, on the number of staff to be present in Luxembourg, taking into account a revision of Parliament’s needs; considers that this assessment should include suggestions on how to renegotiate the agreement, without prejudice to the applicable legal provisions; |
| --- | --- |

11.

Calls on Parliament’s relevant services to make an assessment of the agreement, between the authorities in Luxembourg and the European Parliament, on the number of staff to be present in Luxembourg, taking into account a revision of Parliament’s needs; considers that this assessment should include suggestions on how to renegotiate the agreement, without prejudice to the applicable legal provisions;

| 12. | Recalls the Parliament’s budgetary resolutions, including its most recent resolution of 23 October 2012 (7), calling for a transparent decision-making process in the field of buildings policy, based on early information, and a halt in new acquisitions until the end of the current legislature; asks for information about the Secretary-General’s findings on, and schedule for, the renovation works and office relocation, including information about an intermediate building for Parliament’s staff, in the coming years, especially in relation to the structural problems in the Paul-Henri Spaak (PHS) building and the acquisition of the Trebel building; |
| --- | --- |

12.

Recalls the Parliament’s budgetary resolutions, including its most recent resolution of 23 October 2012 (7), calling for a transparent decision-making process in the field of buildings policy, based on early information, and a halt in new acquisitions until the end of the current legislature; asks for information about the Secretary-General’s findings on, and schedule for, the renovation works and office relocation, including information about an intermediate building for Parliament’s staff, in the coming years, especially in relation to the structural problems in the Paul-Henri Spaak (PHS) building and the acquisition of the Trebel building;

| 13. | Recognises the efforts made in 2012 to communicate the state of play of the KAD building to the Committee on Budgets, and requests that this communication continues throughout the duration of the project, in particular with respect to the result of the amended Call to Tender; notes that adaptations and downsizing of 8 000 m2 have been made in order to remain under or adhere to the predetermined financial framework for the KAD project, following the request of the Committee on Budgets; welcomes the savings of more than EUR 10 million in interest payments in the coming years — relative to the 2012 financing estimates for the project — achieved by transfers for early advance payments for both the KAD and the Trebel buildings; believes that, in the context of the growing majority among Members in favour of new working arrangements (8), Parliament’s building projects need to be handled cautiously, and that caution should prevail over ambition; encourages the continuation of this fruitful dialogue, and asks that the information requested be delivered in a timely manner; |
| --- | --- |

13.

Recognises the efforts made in 2012 to communicate the state of play of the KAD building to the Committee on Budgets, and requests that this communication continues throughout the duration of the project, in particular with respect to the result of the amended Call to Tender; notes that adaptations and downsizing of 8 000 m2 have been made in order to remain under or adhere to the predetermined financial framework for the KAD project, following the request of the Committee on Budgets; welcomes the savings of more than EUR 10 million in interest payments in the coming years — relative to the 2012 financing estimates for the project — achieved by transfers for early advance payments for both the KAD and the Trebel buildings; believes that, in the context of the growing majority among Members in favour of new working arrangements (8), Parliament’s building projects need to be handled cautiously, and that caution should prevail over ambition; encourages the continuation of this fruitful dialogue, and asks that the information requested be delivered in a timely manner;

Other institutions

| 14. | Is aware that the context and outcome of recent budgetary procedures has left most institutions with a limited margin of manoeuvre given the growing tasks entrusted to them, particularly the increased workload of the Court of Justice and the special needs of the European External Action Service (EEAS); |
| --- | --- |

14.

Is aware that the context and outcome of recent budgetary procedures has left most institutions with a limited margin of manoeuvre given the growing tasks entrusted to them, particularly the increased workload of the Court of Justice and the special needs of the European External Action Service (EEAS);

| 15. | Understands that the EEAS is a relatively new institution, which is still in the growth phase, and that its network of missions needs to be further enhanced in order to meet the EU’s political priorities; notes that the EEAS is uniquely exposed to inflation in third countries, to exchange-rate fluctuations and to the particular security concerns of its staff; |
| --- | --- |

15.

Understands that the EEAS is a relatively new institution, which is still in the growth phase, and that its network of missions needs to be further enhanced in order to meet the EU’s political priorities; notes that the EEAS is uniquely exposed to inflation in third countries, to exchange-rate fluctuations and to the particular security concerns of its staff;

| 16. | Considers any unjustified, across-the-board cuts, and any undifferentiated approach to the institutions’ budgets, as counter-productive; intends, instead, to continue its case-by-case approach; |
| --- | --- |

16.

Considers any unjustified, across-the-board cuts, and any undifferentiated approach to the institutions’ budgets, as counter-productive; intends, instead, to continue its case-by-case approach;

| 17. | Repeats the position adopted in previous budget cycles that it expects all the institutions to continue to demonstrate efforts in seeking savings and maintaining a high degree of budgetary discipline when drawing up their budget estimates; |
| --- | --- |

17.

Repeats the position adopted in previous budget cycles that it expects all the institutions to continue to demonstrate efforts in seeking savings and maintaining a high degree of budgetary discipline when drawing up their budget estimates;

o

o o

| 18. | Instructs its President to forward this resolution to the Council, the Commission, the Court of Justice, the Court of Auditors, the European Economic and Social Committee, the Committee of the Regions, the European Ombudsman, the European Data Protection Supervisor and the European External Action Service. |
| --- | --- |

18.

Instructs its President to forward this resolution to the Council, the Commission, the Court of Justice, the Court of Auditors, the European Economic and Social Committee, the Committee of the Regions, the European Ombudsman, the European Data Protection Supervisor and the European External Action Service.

---

(1)  OJ C 139, 14.6.2006, p. 1.

(2)  OJ L 163, 23.6.2007, p. 17.

(3)  OJ C 344, 12.11.2012.

(4)  The Heading 5 ceiling includes the staff contribution to the retirement scheme.

(5)  Article 24 of the Interinstitutional Agreement between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management, OJ C 139, 14.6.2006, p. 3

(6)  Texts adopted, P7_TA(2012)0359, paragraph 93.

(7)  Texts adopted, P7_TA(2012)0359.

(8)  Texts adopted, P7_TA(2012)0359.

---

| 22.1.2016 | EN | Official Journal of the European Union | C 24/28 |
| --- | --- | --- | --- |

22.1.2016

EN

Official Journal of the European Union

C 24/28

---

P7_TA(2013)0049

Corporate social responsibility: accountable, transparent and responsible business behaviour and sustainable growth

European Parliament resolution of 6 February 2013 on corporate social responsibility: accountable, transparent and responsible business behaviour and sustainable growth (2012/2098(INI))

(2016/C 024/06)

The European Parliament,

| — | having regard to the Council Resolution of 3 December 2001 on the follow-up to the Green Paper on corporate social responsibility (1), |
| --- | --- |

—

having regard to the Council Resolution of 3 December 2001 on the follow-up to the Green Paper on corporate social responsibility (1),

| — | having regard to the Council Resolution of 6 February 2003 on corporate social responsibility (2), |
| --- | --- |

—

having regard to the Council Resolution of 6 February 2003 on corporate social responsibility (2),

| — | having regard to the Commission communication entitled ‘Modernising Company Law and Enhancing Corporate Governance in the European Union — A Plan to Move Forward’ (COM(2003)0284) (the Corporate Governance Action Plan), |
| --- | --- |

—

having regard to the Commission communication entitled ‘Modernising Company Law and Enhancing Corporate Governance in the European Union — A Plan to Move Forward’ (COM(2003)0284) (the Corporate Governance Action Plan),

| — | having regard to the Commission communication entitled ‘“Responsible Businesses” package’ (COM(2011)0685), |
| --- | --- |

—

having regard to the Commission communication entitled ‘“Responsible Businesses” package’ (COM(2011)0685),

| — | having regard to the Commission communication entitled ‘Social Business Initiative — Creating a favourable climate for social enterprises, key stakeholders in the social economy and innovation’ (COM(2011)0682), |
| --- | --- |

—

having regard to the Commission communication entitled ‘Social Business Initiative — Creating a favourable climate for social enterprises, key stakeholders in the social economy and innovation’ (COM(2011)0682),

| — | having regard to the Commission communication entitled ‘Europe 2020 — A strategy for smart, sustainable and inclusive growth’ (COM(2010)2020), |
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—

having regard to the Commission communication entitled ‘Europe 2020 — A strategy for smart, sustainable and inclusive growth’ (COM(2010)2020),

| — | having regard to its resolution of 30 May 2002 on the Commission Green Paper on promoting a European framework for corporate social responsibility (3), |
| --- | --- |

—

having regard to its resolution of 30 May 2002 on the Commission Green Paper on promoting a European framework for corporate social responsibility (3),

| — | having regard to its resolution of 13 May 2003 on ‘the Communication from the Commission concerning Corporate Social Responsibility: A business contribution to Sustainable Development’ (4), |
| --- | --- |

—

having regard to its resolution of 13 May 2003 on ‘the Communication from the Commission concerning Corporate Social Responsibility: A business contribution to Sustainable Development’ (4),

| — | having regard to its resolution of 13 March 2007 on ‘corporate social responsibility: a new partnership’ (5), |
| --- | --- |

—

having regard to its resolution of 13 March 2007 on ‘corporate social responsibility: a new partnership’ (5),

| — | having regard to the opinion of the European Economic and Social Committee of 24 May 2012 on the Commission communication entitled ‘A renewed EU strategy 2011-14 for Corporate Social Responsibility’ (6), |
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—

having regard to the opinion of the European Economic and Social Committee of 24 May 2012 on the Commission communication entitled ‘A renewed EU strategy 2011-14 for Corporate Social Responsibility’ (6),

| — | having regard to the Commission communication entitled ‘A renewed EU strategy 2011-14 for Corporate Social Responsibility’ (COM(2011)0681), |
| --- | --- |

—

having regard to the Commission communication entitled ‘A renewed EU strategy 2011-14 for Corporate Social Responsibility’ (COM(2011)0681),

| — | 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 Legal Affairs and the opinions of the Committee on Employment and Social Affairs, the Committee on Foreign Affairs, the Committee on Development, the Committee on International Trade and the Committee on Culture and Education (A7-0017/2013), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs and the opinions of the Committee on Employment and Social Affairs, the Committee on Foreign Affairs, the Committee on Development, the Committee on International Trade and the Committee on Culture and Education (A7-0017/2013),

A modern understanding of CSR: preliminary remarks

| 1. | Stresses that business cannot take over public authorities’ responsibility for promoting, implementing and monitoring social and environmental standards; |
| --- | --- |

1.

Stresses that business cannot take over public authorities’ responsibility for promoting, implementing and monitoring social and environmental standards;

| 2. | Emphasises that the current global economic crisis arose from fundamental errors with respect to transparency, accountability, responsibility and from short-termism, and that the EU has a duty to ensure that these lessons are learnt by all; welcomes the Commission’s intention to conduct Eurobarometer surveys on trust in business; calls for the results of these surveys to be fully debated and acted on by all stakeholders; strongly advocates corporate social responsibility (CSR), and takes the view that CSR — if implemented correctly and practised by all companies, not only larger firms — can make a great contribution towards restoring lost confidence, which is necessary for a sustainable economic recovery, and can mitigate the social consequences of the economic crisis; notes that when business assumes a responsibility for society, the environment and employees, a win-win situation is created that serves to broaden the basis of trust necessary for economic success; takes the view that making CSR part of a sustainable business strategy is in the interest of businesses and of society as a whole; points out that many businesses — especially small and medium-sized enterprises (SMEs) — are setting an outstanding example in this field; |
| --- | --- |

2.

Emphasises that the current global economic crisis arose from fundamental errors with respect to transparency, accountability, responsibility and from short-termism, and that the EU has a duty to ensure that these lessons are learnt by all; welcomes the Commission’s intention to conduct Eurobarometer surveys on trust in business; calls for the results of these surveys to be fully debated and acted on by all stakeholders; strongly advocates corporate social responsibility (CSR), and takes the view that CSR — if implemented correctly and practised by all companies, not only larger firms — can make a great contribution towards restoring lost confidence, which is necessary for a sustainable economic recovery, and can mitigate the social consequences of the economic crisis; notes that when business assumes a responsibility for society, the environment and employees, a win-win situation is created that serves to broaden the basis of trust necessary for economic success; takes the view that making CSR part of a sustainable business strategy is in the interest of businesses and of society as a whole; points out that many businesses — especially small and medium-sized enterprises (SMEs) — are setting an outstanding example in this field;

| 3. | Takes the view that business can contribute to the development of a social market economy and to meeting the objectives of the Europe 2020 strategy, providing jobs and paving the way for economic recovery; |
| --- | --- |

3.

Takes the view that business can contribute to the development of a social market economy and to meeting the objectives of the Europe 2020 strategy, providing jobs and paving the way for economic recovery;

| 4. | Believes that the debate on CSR should be placed in a broader setting which, while ensuring that CSR remains primarily a voluntary policy, also leaves room for dialogue on regulatory measures, wherever appropriate; |
| --- | --- |

4.

Believes that the debate on CSR should be placed in a broader setting which, while ensuring that CSR remains primarily a voluntary policy, also leaves room for dialogue on regulatory measures, wherever appropriate;

| 5. | Endorses the new definition of CSR put forward by the Commission, which does away with the dichotomy between voluntary and compulsory approaches; |
| --- | --- |

5.

Endorses the new definition of CSR put forward by the Commission, which does away with the dichotomy between voluntary and compulsory approaches;

| 6. | Considers corporate governance to be a key element of corporate social responsibility, especially as regards relations with public authorities and workers and their representative organisations and as regards policy on bonuses, compensation and salaries; believes that in particular in cases where a business is in difficulty, excessive bonuses, compensation and salaries paid to managers are incompatible with socially responsible behaviour; |
| --- | --- |

6.

Considers corporate governance to be a key element of corporate social responsibility, especially as regards relations with public authorities and workers and their representative organisations and as regards policy on bonuses, compensation and salaries; believes that in particular in cases where a business is in difficulty, excessive bonuses, compensation and salaries paid to managers are incompatible with socially responsible behaviour;

| 7. | Believes that a business’s tax policy should be considered part and parcel of CSR and that socially responsible behaviour consequently leaves no room for strategies aimed at evading tax or exploiting tax havens; |
| --- | --- |

7.

Believes that a business’s tax policy should be considered part and parcel of CSR and that socially responsible behaviour consequently leaves no room for strategies aimed at evading tax or exploiting tax havens;

| 8. | Believes that when assessing the social responsibility of a company, it is necessary to take into account the behaviour of companies operating within its supply chain and, where applicable, of its subcontractors; |
| --- | --- |

8.

Believes that when assessing the social responsibility of a company, it is necessary to take into account the behaviour of companies operating within its supply chain and, where applicable, of its subcontractors;

Strengthening the links between CSR, the general public, competitiveness and innovation

| 9. | Calls on the Commission and national authorities to promote innovative business models designed to forge closer links between businesses and the social environment in which they operate; |
| --- | --- |

9.

Calls on the Commission and national authorities to promote innovative business models designed to forge closer links between businesses and the social environment in which they operate;

| 10. | Calls on the Commission to consider the current discussions taking place with regard to the review of the Accounting and Transparency Directives so that the new proposed CSR strategy would complement the revised Directive; |
| --- | --- |

10.

Calls on the Commission to consider the current discussions taking place with regard to the review of the Accounting and Transparency Directives so that the new proposed CSR strategy would complement the revised Directive;

| 11. | Stresses the importance of support for innovative solutions enabling businesses to address social and environmental challenges such as the introduction of smart transport systems and eco-efficient products which are accessible and designed for everyone; |
| --- | --- |

11.

Stresses the importance of support for innovative solutions enabling businesses to address social and environmental challenges such as the introduction of smart transport systems and eco-efficient products which are accessible and designed for everyone;

| 12. | Encourages the Commission in its efforts to raise CSR's profile and disseminate best practice, and is strongly in favour of introducing a European award scheme for CSR firms and partnerships; in this regard, calls on the Commission to consider, among other actions, whether an European social label could be introduced to this end; |
| --- | --- |

12.

Encourages the Commission in its efforts to raise CSR's profile and disseminate best practice, and is strongly in favour of introducing a European award scheme for CSR firms and partnerships; in this regard, calls on the Commission to consider, among other actions, whether an European social label could be introduced to this end;

| 13. | Welcomes the idea of establishing multi-stakeholder CSR platforms, and agrees with the sector-specific approach chosen; |
| --- | --- |

13.

Welcomes the idea of establishing multi-stakeholder CSR platforms, and agrees with the sector-specific approach chosen;

| 14. | Acknowledges the importance and the potential of CSR Europe’s Enterprise 2020 initiative, which can play a substantial role in strengthening the link between CSR and competitiveness by fostering the dissemination of best practice; calls on the Commission and the Member States to foster greater synergies as regards the aim of pursuing policies and initiatives to promote social innovation and job creation; urges the Commission to support the efforts of the CSR Europe network, seeking first and foremost to strengthen cooperation between business and Member States so as to lay the foundations for national action plans and the dissemination of best practice; |
| --- | --- |

14.

Acknowledges the importance and the potential of CSR Europe’s Enterprise 2020 initiative, which can play a substantial role in strengthening the link between CSR and competitiveness by fostering the dissemination of best practice; calls on the Commission and the Member States to foster greater synergies as regards the aim of pursuing policies and initiatives to promote social innovation and job creation; urges the Commission to support the efforts of the CSR Europe network, seeking first and foremost to strengthen cooperation between business and Member States so as to lay the foundations for national action plans and the dissemination of best practice;

| 15. | Endorses the Commission’s proposal to carry out periodic surveys of public trust in business and public attitudes towards CSR strategies implemented by businesses; recommends linking the content of these surveys with the revision of the sustainable consumption and production action plan, with a view to identifying barriers to more responsible consumption; |
| --- | --- |

15.

Endorses the Commission’s proposal to carry out periodic surveys of public trust in business and public attitudes towards CSR strategies implemented by businesses; recommends linking the content of these surveys with the revision of the sustainable consumption and production action plan, with a view to identifying barriers to more responsible consumption;

Making CSR policies more transparent and more effective

| 16. | Urges the Commission to draw up specific measures to combat misleading and false information regarding commitments to corporate social responsibility and relating to the environmental and social impact of products and services, over and above those provided for in the Unfair Commercial Practices Directive, having particular regard to the issues of filing and considering complaints on the basis of an open and clear procedure and initiating investigations; considers not only that ‘greenwashing’ is a form of deception that misleads consumers, public authorities, and investors, but that it also reduces trust in CSR as an effective means of promoting sustainable and inclusive growth; |
| --- | --- |

16.

Urges the Commission to draw up specific measures to combat misleading and false information regarding commitments to corporate social responsibility and relating to the environmental and social impact of products and services, over and above those provided for in the Unfair Commercial Practices Directive, having particular regard to the issues of filing and considering complaints on the basis of an open and clear procedure and initiating investigations; considers not only that ‘greenwashing’ is a form of deception that misleads consumers, public authorities, and investors, but that it also reduces trust in CSR as an effective means of promoting sustainable and inclusive growth;

| 17. | Agrees that greater account should be taken of social and environmental considerations in public procurement; calls, in this connection, for the lowest price no longer to be used as an award criterion and for greater accountability throughout the subcontracting chain; |
| --- | --- |

17.

Agrees that greater account should be taken of social and environmental considerations in public procurement; calls, in this connection, for the lowest price no longer to be used as an award criterion and for greater accountability throughout the subcontracting chain;

| 18. | Calls on the Commission to take further initiatives to unlock and strengthen the potential of CSR in tackling climate change (by linking it to resource and energy efficiency), e.g. in the processes companies use to purchase raw materials; |
| --- | --- |

18.

Calls on the Commission to take further initiatives to unlock and strengthen the potential of CSR in tackling climate change (by linking it to resource and energy efficiency), e.g. in the processes companies use to purchase raw materials;

| 19. | Stresses that EU assistance to third-country governments in implementing social and environmental regulations and effective inspection regimes is a necessary complement to advancing the CSR of European business worldwide; |
| --- | --- |

19.

Stresses that EU assistance to third-country governments in implementing social and environmental regulations and effective inspection regimes is a necessary complement to advancing the CSR of European business worldwide;

| 20. | Stresses that Socially Responsible Investment (SRI) is part of the implementation process of CSR in investment decisions; notes that although there is currently no universal definition of SRI, it usually combines investors’ financial objectives with their concerns regarding social, environmental and ethical (SEE) and corporate governance issues; |
| --- | --- |

20.

Stresses that Socially Responsible Investment (SRI) is part of the implementation process of CSR in investment decisions; notes that although there is currently no universal definition of SRI, it usually combines investors’ financial objectives with their concerns regarding social, environmental and ethical (SEE) and corporate governance issues;

| 21. | Acknowledges the importance of businesses divulging information on sustainability such as social and environmental factors, with a view to identifying sustainability risks and increasing investor and consumer trust; points to the substantial progress being made in this respect, and calls on the Commission to support the objective of the International Integrated Reporting Council (IIRC) of making IR the global norm within the next decade; |
| --- | --- |

21.

Acknowledges the importance of businesses divulging information on sustainability such as social and environmental factors, with a view to identifying sustainability risks and increasing investor and consumer trust; points to the substantial progress being made in this respect, and calls on the Commission to support the objective of the International Integrated Reporting Council (IIRC) of making IR the global norm within the next decade;

| 22. | Stresses that stringent respect for human rights, due diligence and transparency must be maintained in order to ensure CSR along the whole supply chain, measure the sustainability footprint of European business, and combat tax avoidance and illicit money flows; |
| --- | --- |

22.

Stresses that stringent respect for human rights, due diligence and transparency must be maintained in order to ensure CSR along the whole supply chain, measure the sustainability footprint of European business, and combat tax avoidance and illicit money flows;

| 23. | Stresses that corporate responsibility must not be reduced to a marketing tool, and that the only way to develop CSR to the full is to embed it in a company’s overall business strategy and to implement it and translate it into reality in its day-to-day operations and financial strategy; would welcome a link between good corporate responsibility and good corporate governance; believes the Commission should encourage companies to decide on a CSR strategy at board level; calls on the Commission and the Member States to introduce corporate stewardship codes that reflect the importance of responsibility for all in the company and establish a strong link between its environmental, social and human rights performance and its financial results; |
| --- | --- |

23.

Stresses that corporate responsibility must not be reduced to a marketing tool, and that the only way to develop CSR to the full is to embed it in a company’s overall business strategy and to implement it and translate it into reality in its day-to-day operations and financial strategy; would welcome a link between good corporate responsibility and good corporate governance; believes the Commission should encourage companies to decide on a CSR strategy at board level; calls on the Commission and the Member States to introduce corporate stewardship codes that reflect the importance of responsibility for all in the company and establish a strong link between its environmental, social and human rights performance and its financial results;

| 24. | Stresses that it should be easy for investors and consumers to identify firms which have made a commitment to CSR, as this would encourage them in their efforts; |
| --- | --- |

24.

Stresses that it should be easy for investors and consumers to identify firms which have made a commitment to CSR, as this would encourage them in their efforts;

| 25. | Stresses that Socially Responsible Investment (SRI), as part of the implementation process of CRS in investment decisions, combines investors’ financial and economic objectives with social, environmental, ethical, cultural and educational considerations; |
| --- | --- |

25.

Stresses that Socially Responsible Investment (SRI), as part of the implementation process of CRS in investment decisions, combines investors’ financial and economic objectives with social, environmental, ethical, cultural and educational considerations;

| 26. | Is closely monitoring the current discussions on the legislative proposal on the transparency of the social and environmental information, provided by companies; advocates the adoption of a legislative proposal allowing for high flexibility of action, in order to take account of CSR's multi-dimensional nature and the diversity of the CSR policies implemented by businesses, matched by a sufficient level of comparability to meet the needs of investors and other stakeholders as well as the need to provide consumers with easy access to information on businesses’ impact on society, including governance aspects and life cycle cost methodology; considers that information on sustainability should also cover, where appropriate, the subcontracting and supply chains and should be based on globally accepted methodologies such as those of the Global Reporting Initiative or the Integrated Reporting Council; calls, in addition, for an exemption or a simplified framework to be applied to SMEs; |
| --- | --- |

26.

Is closely monitoring the current discussions on the legislative proposal on the transparency of the social and environmental information, provided by companies; advocates the adoption of a legislative proposal allowing for high flexibility of action, in order to take account of CSR's multi-dimensional nature and the diversity of the CSR policies implemented by businesses, matched by a sufficient level of comparability to meet the needs of investors and other stakeholders as well as the need to provide consumers with easy access to information on businesses’ impact on society, including governance aspects and life cycle cost methodology; considers that information on sustainability should also cover, where appropriate, the subcontracting and supply chains and should be based on globally accepted methodologies such as those of the Global Reporting Initiative or the Integrated Reporting Council; calls, in addition, for an exemption or a simplified framework to be applied to SMEs;

| 27. | Calls for increased, more inclusive and more transparent monitoring of CSR principles in EU trade policy, with clear benchmarks set for measuring improvements so as to encourage confidence in the system; |
| --- | --- |

27.

Calls for increased, more inclusive and more transparent monitoring of CSR principles in EU trade policy, with clear benchmarks set for measuring improvements so as to encourage confidence in the system;

| 28. | Encourages the EU as well as the Member States to provide concrete information on and education and training in CSR, so that enterprises can take full advantage of CSR and implement it in their organisational culture; |
| --- | --- |

28.

Encourages the EU as well as the Member States to provide concrete information on and education and training in CSR, so that enterprises can take full advantage of CSR and implement it in their organisational culture;

| 29. | Encourages media companies to include transparent journalism standards in their CSR policies, including guarantees of source protection and the rights of whistleblowers. |
| --- | --- |

29.

Encourages media companies to include transparent journalism standards in their CSR policies, including guarantees of source protection and the rights of whistleblowers.

| 30. | Calls on the Commission to give further consideration to both binding and non-binding measures to facilitate the recognition and promotion of efforts by businesses in connection with transparency and the disclosure of non-financial information; |
| --- | --- |

30.

Calls on the Commission to give further consideration to both binding and non-binding measures to facilitate the recognition and promotion of efforts by businesses in connection with transparency and the disclosure of non-financial information;

| 31. | Is firmly opposed to the introduction of specific parameters, such as EU-wide performance indicators, which could give rise to unnecessary red tape and inefficient operational structures; instead, calls on the Commission to provide companies with and promote the use of internationally accepted methodologies, such as those of the Global Reporting Initiative and the Integrated Reporting Council; |
| --- | --- |

31.

Is firmly opposed to the introduction of specific parameters, such as EU-wide performance indicators, which could give rise to unnecessary red tape and inefficient operational structures; instead, calls on the Commission to provide companies with and promote the use of internationally accepted methodologies, such as those of the Global Reporting Initiative and the Integrated Reporting Council;

| 32. | Considers it essential, however, that the Commission should, as quickly as possible, develop the projected common life cycle-based methodology for measuring environmental performance; believes this methodology would be useful both from the point of view of transparency of business information and for the purposes of the assessment which public authorities bring to bear on companies’ environmental performance; |
| --- | --- |

32.

Considers it essential, however, that the Commission should, as quickly as possible, develop the projected common life cycle-based methodology for measuring environmental performance; believes this methodology would be useful both from the point of view of transparency of business information and for the purposes of the assessment which public authorities bring to bear on companies’ environmental performance;

| 33. | Welcomes the Commission’s intention to launch a ‘Community of Practice’ on CSR and social action on the part of business; believes this must be complementary to a code of good practice for co-regulation and self-regulation, allowing all stakeholders to engage in a common learning process in order to improve and strengthen the efficiency and accountability of multi-stakeholder actions; |
| --- | --- |

33.

Welcomes the Commission’s intention to launch a ‘Community of Practice’ on CSR and social action on the part of business; believes this must be complementary to a code of good practice for co-regulation and self-regulation, allowing all stakeholders to engage in a common learning process in order to improve and strengthen the efficiency and accountability of multi-stakeholder actions;

| 34. | Calls for the full and active consultation and involvement of representative organisations, including trade unions, in the development, operation and monitoring of companies’ CSR processes and structures, working with employers in a genuine partnership approach; |
| --- | --- |

34.

Calls for the full and active consultation and involvement of representative organisations, including trade unions, in the development, operation and monitoring of companies’ CSR processes and structures, working with employers in a genuine partnership approach;

| 35. | Calls on the Commission to ensure that an obligation of systematic reporting on essential information on sustainability does not overburden companies, since any new CSR strategy needs to be welcomed by them; calls on the Commission to allow for a transition period before non-financial reporting on a regular basis comes into force for companies, since this would provide them with the opportunity in the first place properly to implement CSR internally, establishing an accurate and detailed CSR policy as part of their internal management systems; |
| --- | --- |

35.

Calls on the Commission to ensure that an obligation of systematic reporting on essential information on sustainability does not overburden companies, since any new CSR strategy needs to be welcomed by them; calls on the Commission to allow for a transition period before non-financial reporting on a regular basis comes into force for companies, since this would provide them with the opportunity in the first place properly to implement CSR internally, establishing an accurate and detailed CSR policy as part of their internal management systems;

| 36. | Supports the Commission’s proposal to require all investment funds and financial institutions to inform every customer (citizens, businesses, public authorities, etc) about any ethical or responsible investment criteria which they apply or any standards and codes to which they adhere; |
| --- | --- |

36.

Supports the Commission’s proposal to require all investment funds and financial institutions to inform every customer (citizens, businesses, public authorities, etc) about any ethical or responsible investment criteria which they apply or any standards and codes to which they adhere;

| 37. | Endorses the Commission’s directive on minimum standards for victims; calls for the CSR policies of companies in the relevant sectors (such as travel, insurance, accommodation and telecommunications) to include positive and practical strategies and structures to support victims of crime and their families during a crisis, and to set up specific policies for any employee who becomes a victim of crime, whether in the workplace or outside; |
| --- | --- |

37.

Endorses the Commission’s directive on minimum standards for victims; calls for the CSR policies of companies in the relevant sectors (such as travel, insurance, accommodation and telecommunications) to include positive and practical strategies and structures to support victims of crime and their families during a crisis, and to set up specific policies for any employee who becomes a victim of crime, whether in the workplace or outside;

| 38. | Acknowledges the substantial value and potential of self-regulation and co-regulation instruments such as sector-specific codes of practice; welcomes, therefore, the Commission’s desire to improve the instruments currently in place by developing a code of good practice for this area; is opposed, however, to the introduction of a single approach that fails to take account of the specificities of each sector and the specific requirements of businesses; |
| --- | --- |

38.

Acknowledges the substantial value and potential of self-regulation and co-regulation instruments such as sector-specific codes of practice; welcomes, therefore, the Commission’s desire to improve the instruments currently in place by developing a code of good practice for this area; is opposed, however, to the introduction of a single approach that fails to take account of the specificities of each sector and the specific requirements of businesses;

CSR and SMEs: putting theory into practice

| 39. | Draws attention to the special features of SMEs, which mainly operate at local and regional level inside specific sectors; considers it essential, therefore, for Union CSR policies, including national CSR action plans, to take proper account of the specific requirements of SMEs, to be in keeping with the ‘think small first’ principle, and to recognise the informal, intuitive SME approach to CSR; |
| --- | --- |

39.

Draws attention to the special features of SMEs, which mainly operate at local and regional level inside specific sectors; considers it essential, therefore, for Union CSR policies, including national CSR action plans, to take proper account of the specific requirements of SMEs, to be in keeping with the ‘think small first’ principle, and to recognise the informal, intuitive SME approach to CSR;

| 40. | Points to the importance of involving small and medium-sized enterprises in CSR and recognising their achievements in this area; |
| --- | --- |

40.

Points to the importance of involving small and medium-sized enterprises in CSR and recognising their achievements in this area;

| 41. | Acknowledges that many SMEs in Europe already undertake CSR policies, such as local employment, community engagement, applying good governance policies with their supply chain, etc; points out, however, that most of these SMEs do not know that they are actually implementing sustainability, CSR and good corporate governance practices; calls on the Commission, therefore, to first examine SMEs’ current practices before considering specific CSR strategies for SMEs; |
| --- | --- |

41.

Acknowledges that many SMEs in Europe already undertake CSR policies, such as local employment, community engagement, applying good governance policies with their supply chain, etc; points out, however, that most of these SMEs do not know that they are actually implementing sustainability, CSR and good corporate governance practices; calls on the Commission, therefore, to first examine SMEs’ current practices before considering specific CSR strategies for SMEs;

| 42. | Voices its opposition to all measures that could result in additional administrative or financial constraints for SMEs, and its support for measures enabling SMEs to take joint action; |
| --- | --- |

42.

Voices its opposition to all measures that could result in additional administrative or financial constraints for SMEs, and its support for measures enabling SMEs to take joint action;

| 43. | Calls on the Member States and regional authorities to make smart use of cohesion funding with a view to supporting CSR promotional activities carried out by SME intermediary organisations, taking their cue from, for example, the main German programme cofinanced by the European Social Fund; |
| --- | --- |

43.

Calls on the Member States and regional authorities to make smart use of cohesion funding with a view to supporting CSR promotional activities carried out by SME intermediary organisations, taking their cue from, for example, the main German programme cofinanced by the European Social Fund;

| 44. | Calls on the Commission, in collaboration with Member States, SME intermediary organisations and other stakeholders, to devise strategies and measures to help SMEs pool best CSR practice, for instance by means of a database for collection of information on CSR policies implemented by SMEs, with details of projects carried out in the various Member States; |
| --- | --- |

44.

Calls on the Commission, in collaboration with Member States, SME intermediary organisations and other stakeholders, to devise strategies and measures to help SMEs pool best CSR practice, for instance by means of a database for collection of information on CSR policies implemented by SMEs, with details of projects carried out in the various Member States;

| 45. | Recommends that CSR guides and handbooks should be drawn up for SMEs; stresses, in this connection, the urgent need for more academic research into ways of boosting acceptance of CSR among SMEs, as also into the economic, social and environmental impact of CSR policies at local and regional level; |
| --- | --- |

45.

Recommends that CSR guides and handbooks should be drawn up for SMEs; stresses, in this connection, the urgent need for more academic research into ways of boosting acceptance of CSR among SMEs, as also into the economic, social and environmental impact of CSR policies at local and regional level;

| 46. | Takes the view that, in order to have a real impact on poverty reduction, the CSR agenda should also focus on SMEs, since their cumulative social and environmental impact is significant; |
| --- | --- |

46.

Takes the view that, in order to have a real impact on poverty reduction, the CSR agenda should also focus on SMEs, since their cumulative social and environmental impact is significant;

| 47. | Calls on the Commission and the Member States to devise development and support strategies aimed at disseminating CSR among SMEs; recommends, in particular, that specific measures should be drawn up for small and micro-enterprises; |
| --- | --- |

47.

Calls on the Commission and the Member States to devise development and support strategies aimed at disseminating CSR among SMEs; recommends, in particular, that specific measures should be drawn up for small and micro-enterprises;

Compliance issues and relations with third countries

| 48. | Stresses that, following the entry into force of the Lisbon Treaty, Parliament is to be fully informed on how the findings of Sustainability Impact Assessments (SIA) of agreements are incorporated into negotiations prior to their conclusion, and to be told which chapters of those agreements have been changed in order to avoid any negative impacts identified in the SIA; |
| --- | --- |

48.

Stresses that, following the entry into force of the Lisbon Treaty, Parliament is to be fully informed on how the findings of Sustainability Impact Assessments (SIA) of agreements are incorporated into negotiations prior to their conclusion, and to be told which chapters of those agreements have been changed in order to avoid any negative impacts identified in the SIA;

| 49. | Stresses that future bilateral investment treaties signed by the EU must guarantee that a fair balance is struck between the need to protect investors and the need to allow for state intervention, especially with regard to social, health and environmental standards; |
| --- | --- |

49.

Stresses that future bilateral investment treaties signed by the EU must guarantee that a fair balance is struck between the need to protect investors and the need to allow for state intervention, especially with regard to social, health and environmental standards;

| 50. | Calls for the idea of sponsorship to be promoted among employers; |
| --- | --- |

50.

Calls for the idea of sponsorship to be promoted among employers;

| 51. | Recalls that both court litigation and alternatives to it are already available for settling commercial disputes and/or seeking compensation for negative externalities of irresponsible or illegal business activity; calls, in this regard, on the Commission to do more to enhance awareness of both paths amongst the business community and the public at large; recalls that the International Chamber of Commerce (ICC) offers dispute resolution services for individuals, businesses, states, state entities and international organisations seeking alternatives to court litigation that can contribute to improving effective access to justice for victims in the event of breaches of responsible business practices causing economic, social and environmental damage in the EU and/or abroad; |
| --- | --- |

51.

Recalls that both court litigation and alternatives to it are already available for settling commercial disputes and/or seeking compensation for negative externalities of irresponsible or illegal business activity; calls, in this regard, on the Commission to do more to enhance awareness of both paths amongst the business community and the public at large; recalls that the International Chamber of Commerce (ICC) offers dispute resolution services for individuals, businesses, states, state entities and international organisations seeking alternatives to court litigation that can contribute to improving effective access to justice for victims in the event of breaches of responsible business practices causing economic, social and environmental damage in the EU and/or abroad;

| 52. | Stresses that awareness-raising at corporate level concerning the importance of CSR and the consequences of non-compliance, as a task for the Commission, must be accompanied by adequate awareness and capacity building at the level of host country governments in order to ensure effective implementation of CSR rights and access to justice; |
| --- | --- |

52.

Stresses that awareness-raising at corporate level concerning the importance of CSR and the consequences of non-compliance, as a task for the Commission, must be accompanied by adequate awareness and capacity building at the level of host country governments in order to ensure effective implementation of CSR rights and access to justice;

| 53. | Considers that the Commission and the Member States should encourage EU companies to take initiatives aimed at promoting CSR and to exchange good practices with their partners in other countries; |
| --- | --- |

53.

Considers that the Commission and the Member States should encourage EU companies to take initiatives aimed at promoting CSR and to exchange good practices with their partners in other countries;

Conclusions

| 54. | Emphasises the need for any regulatory measures to be drawn up within a robust legal framework and in line with international standards, in order to avoid disparate national interpretations and any risk of competitive advantages or disadvantages emerging at regional, national or macroregional level; |
| --- | --- |

54.

Emphasises the need for any regulatory measures to be drawn up within a robust legal framework and in line with international standards, in order to avoid disparate national interpretations and any risk of competitive advantages or disadvantages emerging at regional, national or macroregional level;

| 55. | Encourages the Commission to continue its efforts to promote CSR in relations with other countries and regions around the world; calls, in this connection, for greater efforts to make reciprocity a central tenet of trade relations; |
| --- | --- |

55.

Encourages the Commission to continue its efforts to promote CSR in relations with other countries and regions around the world; calls, in this connection, for greater efforts to make reciprocity a central tenet of trade relations;

| 56. | Reaffirms the belief that the development of CSR should be driven primarily through the multi-stakeholder approach assigning a leading role to businesses, which must be able to develop an approach tailored to their own specific situation; stresses the need for targeted measures and approaches for the development of CSR among SMEs; |
| --- | --- |

56.

Reaffirms the belief that the development of CSR should be driven primarily through the multi-stakeholder approach assigning a leading role to businesses, which must be able to develop an approach tailored to their own specific situation; stresses the need for targeted measures and approaches for the development of CSR among SMEs;

| 57. | Notes that the current Commission strategy for CSR covers the period 2011-2014; calls on the Commission to ensure that an ambitious strategy is adopted in good time for the period after 2014; |
| --- | --- |

57.

Notes that the current Commission strategy for CSR covers the period 2011-2014; calls on the Commission to ensure that an ambitious strategy is adopted in good time for the period after 2014;

o

o o

| 58. | Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States. |
| --- | --- |

58.

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

---

(1)  OJ C 86, 10.4.2002, p. 3.

(2)  OJ C 39, 18.2.2003, p. 3.

(3)  OJ C 187 E, 7.8.2003, p. 180.

(4)  OJ C 67 E, 17.3.2004, p. 73.

(5)  OJ C 301 E, 13.12.2007, p. 45.

(6)  OJ C 229, 31.7.2012, p. 77.

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| 22.1.2016 | EN | Official Journal of the European Union | C 24/33 |
| --- | --- | --- | --- |

22.1.2016

EN

Official Journal of the European Union

C 24/33

---

P7_TA(2013)0050

Corporate social responsibility: promoting society's interests and a route to sustainable and inclusive recovery

European Parliament resolution of 6 February 2013 on Corporate Social Responsibility: promoting society’s interests and a route to sustainable and inclusive recovery (2012/2097(INI))

(2016/C 024/07)

The European Parliament,

| — | having regard to Articles 5, 12, 14, 15, 16, 21, 23, 26, 27, 28, 29, 31, 32, 33, 34 and 36 of the Charter of Fundamental Rights of the European Union, |
| --- | --- |

—

having regard to Articles 5, 12, 14, 15, 16, 21, 23, 26, 27, 28, 29, 31, 32, 33, 34 and 36 of the Charter of Fundamental Rights of the European Union,

| — | having regard to the European Social Charter, in particular Articles 5, 6 and 19 thereof, |
| --- | --- |

—

having regard to the European Social Charter, in particular Articles 5, 6 and 19 thereof,

| — | having regard to the International Labour Organisation (ILO) Declaration on Fundamental Principles and Rights at Work, adopted in 1998, and to the ILO conventions establishing universal core labour standards with regard to: the abolition of forced labour (Nos 29 (1930) and 105 (1957)); freedom of association and the right to bargain collectively (Nos 87 (1948) and 98 (1949)); the abolition of child labour (Nos 138 (1973) and 182 (1999)); and non-discrimination in employment (Nos 100 (1951) and 111 (1958)), |
| --- | --- |

—

having regard to the International Labour Organisation (ILO) Declaration on Fundamental Principles and Rights at Work, adopted in 1998, and to the ILO conventions establishing universal core labour standards with regard to: the abolition of forced labour (Nos 29 (1930) and 105 (1957)); freedom of association and the right to bargain collectively (Nos 87 (1948) and 98 (1949)); the abolition of child labour (Nos 138 (1973) and 182 (1999)); and non-discrimination in employment (Nos 100 (1951) and 111 (1958)),

| — | having regard also to the ILO conventions on labour clauses (public contracts) (No 94) and on collective bargaining (No 154), |
| --- | --- |

—

having regard also to the ILO conventions on labour clauses (public contracts) (No 94) and on collective bargaining (No 154),

| — | having regard to the ILO’s Decent Work Agenda and Global Jobs Pact, adopted by a worldwide consensus on 19 June 2009 at the International Labour Conference, |
| --- | --- |

—

having regard to the ILO’s Decent Work Agenda and Global Jobs Pact, adopted by a worldwide consensus on 19 June 2009 at the International Labour Conference,

| — | having regard to the Declaration on Social Justice for a Fair Globalisation, adopted by consensus of the ILO’s 183 member states on 10 June 2008, |
| --- | --- |

—

having regard to the Declaration on Social Justice for a Fair Globalisation, adopted by consensus of the ILO’s 183 member states on 10 June 2008,

| — | having regard to the Universal Declaration of Human Rights (1948) and to other United Nations instruments in the field of human rights, in particular the International Covenants on Civil and Political Rights (1966) and on Economic, Social and Cultural Rights (1966), the International Convention on the Elimination of All Forms of Racial Discrimination (1965), the Convention on the Elimination of all Forms of Discrimination against Women (1979), the Convention on the Rights of the Child (1989), the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990) and the Convention on the Rights of Persons with Disabilities (2006), |
| --- | --- |

—

having regard to the Universal Declaration of Human Rights (1948) and to other United Nations instruments in the field of human rights, in particular the International Covenants on Civil and Political Rights (1966) and on Economic, Social and Cultural Rights (1966), the International Convention on the Elimination of All Forms of Racial Discrimination (1965), the Convention on the Elimination of all Forms of Discrimination against Women (1979), the Convention on the Rights of the Child (1989), the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990) and the Convention on the Rights of Persons with Disabilities (2006),

| — | having regard to the UN Women’s Empowerment Principles launched in March 2010, which offer guidance on how to empower women in the workplace, marketplace and community and are a result of collaboration between UN Women and the United Nations Global Compact; |
| --- | --- |

—

having regard to the UN Women’s Empowerment Principles launched in March 2010, which offer guidance on how to empower women in the workplace, marketplace and community and are a result of collaboration between UN Women and the United Nations Global Compact;

| — | having regard to the Consistency Project, a collaborative project by the Climate Disclosure Standards Board (CDSB), the Global Reporting Initiative (GRI), the Organisation for Economic Cooperation and Development (OECD) and the United Nations Conference on Trade and Development (UNCTAD) which is designed to support greater consistency of approach in relation to the demand for and supply of corporate climate-change-related information; |
| --- | --- |

—

having regard to the Consistency Project, a collaborative project by the Climate Disclosure Standards Board (CDSB), the Global Reporting Initiative (GRI), the Organisation for Economic Cooperation and Development (OECD) and the United Nations Conference on Trade and Development (UNCTAD) which is designed to support greater consistency of approach in relation to the demand for and supply of corporate climate-change-related information;

| — | having regard to the UN Guiding Principles on Business and Human Rights and to the Foreign Affairs Council conclusions of 8 December 2009 (1), |
| --- | --- |

—

having regard to the UN Guiding Principles on Business and Human Rights and to the Foreign Affairs Council conclusions of 8 December 2009 (1),

| — | having regard to the OECD Guidelines for Multinational Enterprises, updated in May 2011, |
| --- | --- |

—

having regard to the OECD Guidelines for Multinational Enterprises, updated in May 2011,

| — | having regard to the OECD’s 1997 Anti-Bribery Convention, |
| --- | --- |

—

having regard to the OECD’s 1997 Anti-Bribery Convention,

| — | having regard to the Global Reporting Initiative, |
| --- | --- |

—

having regard to the Global Reporting Initiative,

| — | having regard to the formation of the International Integrated Reporting Council (IIRC), |
| --- | --- |

—

having regard to the formation of the International Integrated Reporting Council (IIRC),

| — | having regard to the Danish Financial Statements Act (2008), |
| --- | --- |

—

having regard to the Danish Financial Statements Act (2008),

| — | having regard to the UN Global Compact, |
| --- | --- |

—

having regard to the UN Global Compact,

| — | having regard to the October 2010 study produced for the Commission on governance gaps between international corporate social responsibility instruments and standards and existing European legislation (known as the ‘Edinburgh Study’) (2), the findings of which were reported in Parliament’s 2011 Annual Human Rights Report (3) and which has been fully endorsed by the European Council; |
| --- | --- |

—

having regard to the October 2010 study produced for the Commission on governance gaps between international corporate social responsibility instruments and standards and existing European legislation (known as the ‘Edinburgh Study’) (2), the findings of which were reported in Parliament’s 2011 Annual Human Rights Report (3) and which has been fully endorsed by the European Council;

| — | having regard to paragraphs 46 and 47 of the outcome document of the 2012 Rio+20 World Summit on Sustainable Development, |
| --- | --- |

—

having regard to paragraphs 46 and 47 of the outcome document of the 2012 Rio+20 World Summit on Sustainable Development,

| — | having regard to the UN Principles for Responsible Investment (UNPRI), |
| --- | --- |

—

having regard to the UN Principles for Responsible Investment (UNPRI),

| — | having regard to International Standard ISO 26000, providing guidelines for social responsibility, which was released on 1 November 2010, |
| --- | --- |

—

having regard to International Standard ISO 26000, providing guidelines for social responsibility, which was released on 1 November 2010,

| — | having regard to ‘Green Winners’, a 2009 study of 99 companies (4), |
| --- | --- |

—

having regard to ‘Green Winners’, a 2009 study of 99 companies (4),

| — | having regard to the formation of the European Multi-stakeholder Forum on Corporate Social Responsibility, launched on 16 October 2002, |
| --- | --- |

—

having regard to the formation of the European Multi-stakeholder Forum on Corporate Social Responsibility, launched on 16 October 2002,

| — | having regard to Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (5), |
| --- | --- |

—

having regard to Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (5),

| — | having regard to the Commission’s proposal for a directive of the European Parliament and of the Council on public procurement (COM(2011)0896); |
| --- | --- |

—

having regard to the Commission’s proposal for a directive of the European Parliament and of the Council on public procurement (COM(2011)0896);

| — | having regard to Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters (6), which superseded the 1968 Brussels Convention save as regards relations between Denmark and other Member States, |
| --- | --- |

—

having regard to Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters (6), which superseded the 1968 Brussels Convention save as regards relations between Denmark and other Member States,

| — | having regard to the Council Resolution of 3 December 2001 on the follow-up to the Green Paper on corporate social responsibility (7), |
| --- | --- |

—

having regard to the Council Resolution of 3 December 2001 on the follow-up to the Green Paper on corporate social responsibility (7),

| — | having regard to the Council Resolution of 6 February 2003 on corporate social responsibility (8), |
| --- | --- |

—

having regard to the Council Resolution of 6 February 2003 on corporate social responsibility (8),

| — | having regard to the Commission communication entitled ‘Promoting decent work for all — The EU contribution to the implementation of the decent work agenda in the world’ (COM(2006)0249) (the Commission communication on decent work), |
| --- | --- |

—

having regard to the Commission communication entitled ‘Promoting decent work for all — The EU contribution to the implementation of the decent work agenda in the world’ (COM(2006)0249) (the Commission communication on decent work),

| — | having regard to the Commission communication entitled ‘Modernising Company Law and Enhancing Corporate Governance in the European Union — A Plan to Move Forward’ (COM(2003)0284) (the Corporate Governance Action Plan), |
| --- | --- |

—

having regard to the Commission communication entitled ‘Modernising Company Law and Enhancing Corporate Governance in the European Union — A Plan to Move Forward’ (COM(2003)0284) (the Corporate Governance Action Plan),

| — | having regard to the Commission communication 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 Commission communication 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 Commission communication entitled ‘“Responsible Businesses” package’ (COM(2011)0685), |
| --- | --- |

—

having regard to the Commission communication entitled ‘“Responsible Businesses” package’ (COM(2011)0685),

| — | having regard to the Commission communication entitled ‘Towards a job-rich recovery’ (COM(2012)0173), |
| --- | --- |

—

having regard to the Commission communication entitled ‘Towards a job-rich recovery’ (COM(2012)0173),

| — | having regard to the Commission communication entitled ‘Social Business Initiative — Creating a favourable climate for social enterprises, key stakeholders in the social economy and innovation’ (COM(2011)0682), |
| --- | --- |

—

having regard to the Commission communication entitled ‘Social Business Initiative — Creating a favourable climate for social enterprises, key stakeholders in the social economy and innovation’ (COM(2011)0682),

| — | having regard to the Commission communication entitled ‘Europe 2020 — A strategy for smart, sustainable and inclusive growth’ (COM(2010)2020), |
| --- | --- |

—

having regard to the Commission communication entitled ‘Europe 2020 — A strategy for smart, sustainable and inclusive growth’ (COM(2010)2020),

| — | having regard to the Commission communication entitled ‘Strategy for equality between women and men 2010-2015’ (COM(2010)0491), |
| --- | --- |

—

having regard to the Commission communication entitled ‘Strategy for equality between women and men 2010-2015’ (COM(2010)0491),

| — | having regard to its resolution of 30 May 2002 on the Commission Green Paper on promoting a European framework for corporate social responsibility (9), |
| --- | --- |

—

having regard to its resolution of 30 May 2002 on the Commission Green Paper on promoting a European framework for corporate social responsibility (9),

| — | having regard to its resolution of 13 May 2003 on ‘the Communication from the Commission concerning Corporate Social Responsibility: A business contribution to Sustainable Development’ (10), |
| --- | --- |

—

having regard to its resolution of 13 May 2003 on ‘the Communication from the Commission concerning Corporate Social Responsibility: A business contribution to Sustainable Development’ (10),

| — | having regard to its resolution of 13 March 2007 on ‘corporate social responsibility: a new partnership’ (11), |
| --- | --- |

—

having regard to its resolution of 13 March 2007 on ‘corporate social responsibility: a new partnership’ (11),

| — | having regard to its resolution of 25 November 2010 on corporate social responsibility in international trade agreements (12), |
| --- | --- |

—

having regard to its resolution of 25 November 2010 on corporate social responsibility in international trade agreements (12),

| — | having regard to its resolution of 16 June 2010 on EU 2020, which stated that there is an inextricable link between corporate responsibility and corporate governance (13), |
| --- | --- |

—

having regard to its resolution of 16 June 2010 on EU 2020, which stated that there is an inextricable link between corporate responsibility and corporate governance (13),

| — | having regard to its resolution of .20 November 2012 on ‘Social Business Initiative — Creating a favourable climate for social enterprises, key stakeholders in the social economy and innovation’ (14), |
| --- | --- |

—

having regard to its resolution of .20 November 2012 on ‘Social Business Initiative — Creating a favourable climate for social enterprises, key stakeholders in the social economy and innovation’ (14),

| — | having regard to the opinion of the European Economic and Social Committee of 24 May 2012 on the Commission communication entitled ‘A renewed EU strategy 2011-14 for Corporate Social Responsibility’ (15), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 24 May 2012 on the Commission communication entitled ‘A renewed EU strategy 2011-14 for Corporate Social Responsibility’ (15),

| — | having regard to the Commission communication entitled ‘A renewed EU strategy 2011-14 for Corporate Social Responsibility’ (COM(2011)0681), |
| --- | --- |

—

having regard to the Commission communication entitled ‘A renewed EU strategy 2011-14 for Corporate Social Responsibility’ (COM(2011)0681),

| — | 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 Employment and Social Affairs and the opinions of the Committees on Legal Affairs, on Foreign Affairs, on Development, on International Trade and on Culture and Education (A7-0023/2013), |
| --- | --- |

—

having regard to the report of the Committee on Employment and Social Affairs and the opinions of the Committees on Legal Affairs, on Foreign Affairs, on Development, on International Trade and on Culture and Education (A7-0023/2013),

| A. | whereas the term corporate social responsibility (CSR) must not be misused to redefine internationally agreed minimum applicable standards, but used to seek to gauge the implementation of those standards and better to understand how they can be made readily and directly applicable by businesses of every size; |
| --- | --- |

A.

whereas the term corporate social responsibility (CSR) must not be misused to redefine internationally agreed minimum applicable standards, but used to seek to gauge the implementation of those standards and better to understand how they can be made readily and directly applicable by businesses of every size;

| B. | whereas the concept of CSR typically used in the EU institutions should be regarded as largely indistinguishable from the related concepts of responsible or ethical business, ‘environment, society and governance’, sustainable development and corporate accountability; |
| --- | --- |

B.

whereas the concept of CSR typically used in the EU institutions should be regarded as largely indistinguishable from the related concepts of responsible or ethical business, ‘environment, society and governance’, sustainable development and corporate accountability;

| C. | whereas the multi-stakeholder approach must remain the cornerstone of all EU-backed initiatives on CSR, and the basis of the most credible CSR undertaken by business itself, starting from the local level; |
| --- | --- |

C.

whereas the multi-stakeholder approach must remain the cornerstone of all EU-backed initiatives on CSR, and the basis of the most credible CSR undertaken by business itself, starting from the local level;

| D. | whereas the Global Reporting Initiative has provided by far the most widely accepted methodology internationally for business transparency and whereas the formation of the International Integrated Reporting Council (IIRC), involving the major global accountancy standard-setting bodies, indicates that corporate sustainability reporting integrated into financial accounts will become the global norm within less than a decade; |
| --- | --- |

D.

whereas the Global Reporting Initiative has provided by far the most widely accepted methodology internationally for business transparency and whereas the formation of the International Integrated Reporting Council (IIRC), involving the major global accountancy standard-setting bodies, indicates that corporate sustainability reporting integrated into financial accounts will become the global norm within less than a decade;

| E. | whereas ground-breaking work by the Prince’s Accounting for Sustainability Project, by TEEB (The Economics of Ecosystems and Biodiversity) for Business and by the United Nations Environment Programme has now made it possible for business fully and accurately to understand the monetary value of its external social and environmental impact and thus to build this into the financial management of companies; |
| --- | --- |

E.

whereas ground-breaking work by the Prince’s Accounting for Sustainability Project, by TEEB (The Economics of Ecosystems and Biodiversity) for Business and by the United Nations Environment Programme has now made it possible for business fully and accurately to understand the monetary value of its external social and environmental impact and thus to build this into the financial management of companies;

| F. | whereas there has been a sea-change in the investment community, with 1 123 investors (representing USD 32 trillion in total assets under management) endorsing the UN Principles of Responsible Investment (UNPRI); whereas the European Sustainable Investment Forum estimates that the global socially responsible investment market reached approximately EUR 7 trillion as of September 2010, and whereas 82 investors headed by Aviva Global Investors and representing USD 50 trillion in total assets under management led the call at the UN Summit for Sustainable Development for corporate sustainability reporting to be made mandatory; |
| --- | --- |

F.

whereas there has been a sea-change in the investment community, with 1 123 investors (representing USD 32 trillion in total assets under management) endorsing the UN Principles of Responsible Investment (UNPRI); whereas the European Sustainable Investment Forum estimates that the global socially responsible investment market reached approximately EUR 7 trillion as of September 2010, and whereas 82 investors headed by Aviva Global Investors and representing USD 50 trillion in total assets under management led the call at the UN Summit for Sustainable Development for corporate sustainability reporting to be made mandatory;

| G. | whereas the formation of the European Multi-stakeholder Platform on CSR, the undertaking of a series of pilot and research projects and the activities of the former Alliance for Business have all established a firm track record for European action in the field of CSR, together with the continuing valuable contribution made by a ‘family’ of European CSR organisations including CSR Europe, the European Academy of Business in Society (EABIS), the European Sustainable Investment Forum (Eurosif) and the European Coalition for Corporate Justice (ECCJ); |
| --- | --- |

G.

whereas the formation of the European Multi-stakeholder Platform on CSR, the undertaking of a series of pilot and research projects and the activities of the former Alliance for Business have all established a firm track record for European action in the field of CSR, together with the continuing valuable contribution made by a ‘family’ of European CSR organisations including CSR Europe, the European Academy of Business in Society (EABIS), the European Sustainable Investment Forum (Eurosif) and the European Coalition for Corporate Justice (ECCJ);

| H. | whereas certain common standards for CSR are essential, whereas differences in materiality also necessitate differentiated approaches by industry and whereas, in a free society, CSR can never make charitable action compulsory, which could reduce people's willingness to give; |
| --- | --- |

H.

whereas certain common standards for CSR are essential, whereas differences in materiality also necessitate differentiated approaches by industry and whereas, in a free society, CSR can never make charitable action compulsory, which could reduce people's willingness to give;

| I. | whereas company codes of conduct have played an important role in initiating CSR and raising awareness of it, but are an insufficient response given the frequent lack of specificity, the lack of consistency with existing international standards, examples of avoidance of material issues and the lack of comparability and transparency in application; |
| --- | --- |

I.

whereas company codes of conduct have played an important role in initiating CSR and raising awareness of it, but are an insufficient response given the frequent lack of specificity, the lack of consistency with existing international standards, examples of avoidance of material issues and the lack of comparability and transparency in application;

| J. | whereas the UN Guiding Principles on Business and Human Rights were agreed unanimously in the UN with the full support of EU Member States, the International Organisation of Employers and the International Chamber of Commerce, including support for the concept of a ‘smart mix’ of regulatory and voluntary action; |
| --- | --- |

J.

whereas the UN Guiding Principles on Business and Human Rights were agreed unanimously in the UN with the full support of EU Member States, the International Organisation of Employers and the International Chamber of Commerce, including support for the concept of a ‘smart mix’ of regulatory and voluntary action;

| K. | whereas the UN Secretary-General’s former Special Representative for Business and Human Rights, John Ruggie, appealed to the EU Member States, as part of the CSR Conference convened by the then Swedish Presidency, to clarify and support the issue of extraterritorial jurisdiction for violations by companies in fragile third countries; whereas his appeal was subsequently endorsed in European Council conclusions, but no action has been taken in response to it to date; |
| --- | --- |

K.

whereas the UN Secretary-General’s former Special Representative for Business and Human Rights, John Ruggie, appealed to the EU Member States, as part of the CSR Conference convened by the then Swedish Presidency, to clarify and support the issue of extraterritorial jurisdiction for violations by companies in fragile third countries; whereas his appeal was subsequently endorsed in European Council conclusions, but no action has been taken in response to it to date;

| L. | whereas the Commission study of governance gaps between international CSR instruments and standards and existing European legislation, known as the Edinburgh Study, published in October 2010 and the results of which were reported in the 2011 Annual Human Rights Report, has been fully endorsed by the European Council and by Parliament; |
| --- | --- |

L.

whereas the Commission study of governance gaps between international CSR instruments and standards and existing European legislation, known as the Edinburgh Study, published in October 2010 and the results of which were reported in the 2011 Annual Human Rights Report, has been fully endorsed by the European Council and by Parliament;

| M. | whereas the OECD Guidelines on Multinational Enterprises are the most credible international CSR standard, and whereas the update agreed in May 2011 represents a significant opportunity to advance the implementation of CSR; |
| --- | --- |

M.

whereas the OECD Guidelines on Multinational Enterprises are the most credible international CSR standard, and whereas the update agreed in May 2011 represents a significant opportunity to advance the implementation of CSR;

| N. | whereas there have been numerous international initiatives to secure sustainability reporting by business, including the requirements for Chinese state-owned businesses to report and for businesses to report on the implementation of the CSR guidelines developed by the Government of India, along with the fact that businesses have to disclose their sustainability performance as a stock exchange listing requirement in Brazil, South Africa and Malaysia and as a requirement of the Securities and Exchange Commission of the United States; |
| --- | --- |

N.

whereas there have been numerous international initiatives to secure sustainability reporting by business, including the requirements for Chinese state-owned businesses to report and for businesses to report on the implementation of the CSR guidelines developed by the Government of India, along with the fact that businesses have to disclose their sustainability performance as a stock exchange listing requirement in Brazil, South Africa and Malaysia and as a requirement of the Securities and Exchange Commission of the United States;

| O. | whereas the Danish Financial Statements Act (2008) on corporate sustainability reporting, which contains specific additional reporting requirements in relation to climate change and human rights impact, has proven hugely popular with Danish businesses, 97 % of which are choosing to report despite the ‘comply or explain’ provision covering the first three years of the Act’s application; |
| --- | --- |

O.

whereas the Danish Financial Statements Act (2008) on corporate sustainability reporting, which contains specific additional reporting requirements in relation to climate change and human rights impact, has proven hugely popular with Danish businesses, 97 % of which are choosing to report despite the ‘comply or explain’ provision covering the first three years of the Act’s application;

| P. | whereas France and Denmark are two of the four UN member state governments which have agreed to lead the implementation of the UN Rio+20 commitment to corporate sustainability reporting; |
| --- | --- |

P.

whereas France and Denmark are two of the four UN member state governments which have agreed to lead the implementation of the UN Rio+20 commitment to corporate sustainability reporting;

| Q. | whereas the updating of the OECD Guidelines on Multinational Enterprises, led by the Netherlands, has afforded an opportunity to upgrade the visibility and status of those guidelines through the system of national contact points, ended the ‘investment nexus’ preventing their full application to the supply chain and fully integrated the UN Principles on Business and Human Rights; |
| --- | --- |

Q.

whereas the updating of the OECD Guidelines on Multinational Enterprises, led by the Netherlands, has afforded an opportunity to upgrade the visibility and status of those guidelines through the system of national contact points, ended the ‘investment nexus’ preventing their full application to the supply chain and fully integrated the UN Principles on Business and Human Rights;

| R. | whereas its resolution on Europe 2020 states that there is an inextricable link between corporate responsibility and corporate governance; |
| --- | --- |

R.

whereas its resolution on Europe 2020 states that there is an inextricable link between corporate responsibility and corporate governance;

| S. | whereas the 2009 ‘Green Winners’ study of 99 companies showed that in 16 separate industrial sectors, companies with CSR strategies outperformed their industry average by at least 15 %, representing extra market capitalisation of EUR 498 million (USD 650 million) per company; |
| --- | --- |

S.

whereas the 2009 ‘Green Winners’ study of 99 companies showed that in 16 separate industrial sectors, companies with CSR strategies outperformed their industry average by at least 15 %, representing extra market capitalisation of EUR 498 million (USD 650 million) per company;

| T. | whereas the 2012 Global CEO Survey shows that business recognises that growth necessitates working closely with local populations; whereas, for example, over 60 % of those surveyed were planning to increase their investment over the next three years in helping to maintain the health of the workforce; |
| --- | --- |

T.

whereas the 2012 Global CEO Survey shows that business recognises that growth necessitates working closely with local populations; whereas, for example, over 60 % of those surveyed were planning to increase their investment over the next three years in helping to maintain the health of the workforce;

| 1. | Recognises that the Commission communication is part of a series of policy statements serving to ensure that CSR is promoted more widely, is embedded in EU policies and will become an established principle for European action; calls on the Commission and the Member States to use the 2014-2020 CSR strategy as the basis for practical measures to encourage companies to become involved in CSR; |
| --- | --- |

1.

Recognises that the Commission communication is part of a series of policy statements serving to ensure that CSR is promoted more widely, is embedded in EU policies and will become an established principle for European action; calls on the Commission and the Member States to use the 2014-2020 CSR strategy as the basis for practical measures to encourage companies to become involved in CSR;

| 2. | Stresses that an active awareness of social responsibility brings businesses greater trust and social acceptance; |
| --- | --- |

2.

Stresses that an active awareness of social responsibility brings businesses greater trust and social acceptance;

| 3. | Agrees, nevertheless, with the analysis set out in the communication to the effect that CSR practices are still largely confined to a minority of big companies, despite the direct appeals in the 2001 and 2006 Commission communications for more companies to embrace CSR; considers, however, that businesses have always become involved in the society in which they operate and that CSR can be introduced in companies of any size; notes also the need to engage SMEs in the debate on CSR, many of which adopt it on the basis of a more informal and intuitive approach that entails the minimum amount of administration and no increase in cost; |
| --- | --- |

3.

Agrees, nevertheless, with the analysis set out in the communication to the effect that CSR practices are still largely confined to a minority of big companies, despite the direct appeals in the 2001 and 2006 Commission communications for more companies to embrace CSR; considers, however, that businesses have always become involved in the society in which they operate and that CSR can be introduced in companies of any size; notes also the need to engage SMEs in the debate on CSR, many of which adopt it on the basis of a more informal and intuitive approach that entails the minimum amount of administration and no increase in cost;

| 4. | Draws attention to the strategic role SMEs can play in fostering the uptake of CSR, owing to their close links with the areas in which they operate; calls on the Commission to develop, in conjunction with national authorities and multi-stakeholder platforms, sector-specific arrangements for cooperation between SMEs that will enable them to take joint action on social and environmental problems; |
| --- | --- |

4.

Draws attention to the strategic role SMEs can play in fostering the uptake of CSR, owing to their close links with the areas in which they operate; calls on the Commission to develop, in conjunction with national authorities and multi-stakeholder platforms, sector-specific arrangements for cooperation between SMEs that will enable them to take joint action on social and environmental problems;

| 5. | Considers it regrettable that CSR continues to be focused on environmental standards at the expense of social standards, even though these are essential in order to restore a social climate conducive to economic growth and social convergence; |
| --- | --- |

5.

Considers it regrettable that CSR continues to be focused on environmental standards at the expense of social standards, even though these are essential in order to restore a social climate conducive to economic growth and social convergence;

| 6. | Believes that the global financial crisis carries a real risk that policy-makers, including in the EU, will suffer the effects of their own fatal short-termism, focusing exclusively on measures for narrowly defined transparency and accountability in financial markets and neglecting the urgent need for the financial sector and all industrial sectors to address the pressing and overriding challenges of environmental degradation and social disintegration in an integrated way; |
| --- | --- |

6.

Believes that the global financial crisis carries a real risk that policy-makers, including in the EU, will suffer the effects of their own fatal short-termism, focusing exclusively on measures for narrowly defined transparency and accountability in financial markets and neglecting the urgent need for the financial sector and all industrial sectors to address the pressing and overriding challenges of environmental degradation and social disintegration in an integrated way;

| 7. | Warns that businesses can only be sustainable in the future if they exist within a sustainable economy, and that there can be no alternative to adaptation to a low-carbon future, which also encompasses the preservation of the world’s social and natural capital, a process in which CSR must play a decisive role; |
| --- | --- |

7.

Warns that businesses can only be sustainable in the future if they exist within a sustainable economy, and that there can be no alternative to adaptation to a low-carbon future, which also encompasses the preservation of the world’s social and natural capital, a process in which CSR must play a decisive role;

| 8. | Believes that the ‘scaling up’ of CSR must be improved by means of: an emphasis on global CSR instruments; fresh momentum from businesses that are leaders among their peers; company disclosure of social and environmental information; the use of appropriate guidelines; support from public administration for the creation of conditions conducive to CSR cooperation and the provision of appropriate tools and instruments, such as an incentive system; a robust impact analysis of existing CSR initiatives; support for new initiatives in the social sphere; adaptation of CSR to meet the needs of SMEs; and increasing recognition within both the business community and wider society of the huge scale of the global social and environmental challenges facing Europe and the world; |
| --- | --- |

8.

Believes that the ‘scaling up’ of CSR must be improved by means of: an emphasis on global CSR instruments; fresh momentum from businesses that are leaders among their peers; company disclosure of social and environmental information; the use of appropriate guidelines; support from public administration for the creation of conditions conducive to CSR cooperation and the provision of appropriate tools and instruments, such as an incentive system; a robust impact analysis of existing CSR initiatives; support for new initiatives in the social sphere; adaptation of CSR to meet the needs of SMEs; and increasing recognition within both the business community and wider society of the huge scale of the global social and environmental challenges facing Europe and the world;

| 9. | Supports the Commission’s intention to deepen CSR in Europe by producing guidelines and supporting multi-stakeholder initiatives for individual industrial sectors, and appeals to leading companies and associations to embrace this initiative; |
| --- | --- |

9.

Supports the Commission’s intention to deepen CSR in Europe by producing guidelines and supporting multi-stakeholder initiatives for individual industrial sectors, and appeals to leading companies and associations to embrace this initiative;

| 10. | Reiterates that CSR must move from process to outcome; |
| --- | --- |

10.

Reiterates that CSR must move from process to outcome;

| 11. | Welcomes the fact that the definition of CSR set out in the Commission communication, which reflects the new approach first adopted by the Commission in the Multi-stakeholder Forum in 2009, provides an indispensable opportunity for inclusion and consensus-building, and properly reflects the new consensus reached between business and other stakeholders on this issue thanks to the unanimous agreement of the UN Guiding Principles and other instruments such as the ISO 26000 guidance standard on social responsibility; welcomes the integration of social, environmental, ethical and human rights concerns into business operations; insists that the Commission must differentiate more between: (1) charitable acts by businesses; (2) social acts by businesses based on laws, rules and international standards; and (3) anti-social acts by businesses which violate laws, rules and international standards and are criminal and exploitative, such as child or forced labour, and which should be strongly condemned; |
| --- | --- |

11.

Welcomes the fact that the definition of CSR set out in the Commission communication, which reflects the new approach first adopted by the Commission in the Multi-stakeholder Forum in 2009, provides an indispensable opportunity for inclusion and consensus-building, and properly reflects the new consensus reached between business and other stakeholders on this issue thanks to the unanimous agreement of the UN Guiding Principles and other instruments such as the ISO 26000 guidance standard on social responsibility; welcomes the integration of social, environmental, ethical and human rights concerns into business operations; insists that the Commission must differentiate more between: (1) charitable acts by businesses; (2) social acts by businesses based on laws, rules and international standards; and (3) anti-social acts by businesses which violate laws, rules and international standards and are criminal and exploitative, such as child or forced labour, and which should be strongly condemned;

| 12. | Reiterates that CSR must also extend to enterprises’ behaviour towards and in third countries; |
| --- | --- |

12.

Reiterates that CSR must also extend to enterprises’ behaviour towards and in third countries;

| 13. | Notes with interest that the Commission has started to include references to CSR in EU trade agreements; takes the view, in the light of the key role played by corporations, their subsidiaries and their supply chains in international trade, that corporate social and environmental responsibility must become an integral part of the ‘sustainable development’ chapter of the EU’s trade agreements; calls on the Commission to develop concrete proposals for the implementation of these CSR principles in trade policy; |
| --- | --- |

13.

Notes with interest that the Commission has started to include references to CSR in EU trade agreements; takes the view, in the light of the key role played by corporations, their subsidiaries and their supply chains in international trade, that corporate social and environmental responsibility must become an integral part of the ‘sustainable development’ chapter of the EU’s trade agreements; calls on the Commission to develop concrete proposals for the implementation of these CSR principles in trade policy;

| 14. | Considers that ‘social responsibility’ should also respect fundamental principles and rights such as those specified by the ILO, including in particular freedom of association, the right to collective bargaining, the prohibition on forced labour, the abolition of child labour and the elimination of discrimination at work; |
| --- | --- |

14.

Considers that ‘social responsibility’ should also respect fundamental principles and rights such as those specified by the ILO, including in particular freedom of association, the right to collective bargaining, the prohibition on forced labour, the abolition of child labour and the elimination of discrimination at work;

| 15. | Strongly commends the contribution made by the Commissioners for Employment, for Enterprise and for Internal Market and their staff for the forward-looking and constructive approach adopted in the Commission communication; acknowledges the contribution of other parts of the Commission through the Inter-Service Group on CSR; calls, nevertheless, on the President of the Commission to provide personal leadership in the field of CSR and to ensure that there is full ‘ownership’ of the Commission’s commitment to CSR, in particular by the Directorate-General for the Environment and those dealing with external relations; |
| --- | --- |

15.

Strongly commends the contribution made by the Commissioners for Employment, for Enterprise and for Internal Market and their staff for the forward-looking and constructive approach adopted in the Commission communication; acknowledges the contribution of other parts of the Commission through the Inter-Service Group on CSR; calls, nevertheless, on the President of the Commission to provide personal leadership in the field of CSR and to ensure that there is full ‘ownership’ of the Commission’s commitment to CSR, in particular by the Directorate-General for the Environment and those dealing with external relations;

| 16. | Believes that CSR has to include social measures encompassing vocational training, work-life balance and appropriate working conditions; restates its belief in the ‘business case’ for CSR, but reiterates that, where such a case does not apply in the short term in any given situation or company, it can never be used as an excuse for acting irresponsibly and in an antisocial manner; believes that sufficient research exists to prove the ‘business case’, and that the priority should be the dissemination of that research; calls for new research on CSR to be devoted to assessing the cumulative impact of CSR-related changes in business behaviour on efforts to deal with overall European and global challenges such as carbon emissions, water acidification, extreme poverty, child labour and inequality, and for the lessons learnt to be fed into Europe’s future input in developing global CSR initiatives; |
| --- | --- |

16.

Believes that CSR has to include social measures encompassing vocational training, work-life balance and appropriate working conditions; restates its belief in the ‘business case’ for CSR, but reiterates that, where such a case does not apply in the short term in any given situation or company, it can never be used as an excuse for acting irresponsibly and in an antisocial manner; believes that sufficient research exists to prove the ‘business case’, and that the priority should be the dissemination of that research; calls for new research on CSR to be devoted to assessing the cumulative impact of CSR-related changes in business behaviour on efforts to deal with overall European and global challenges such as carbon emissions, water acidification, extreme poverty, child labour and inequality, and for the lessons learnt to be fed into Europe’s future input in developing global CSR initiatives;

| 17. | Recognises that a deep flaw in CSR initiatives arises where companies which pride themselves on practising CSR manage to avoid critical interest groups or sensitive issues relevant to their business and their global supply chain; calls on the Commission, working with financial authorities and the social partners, to build on the previous work of CSR ‘laboratories’ in order better to identify how companies and their stakeholders can objectively pinpoint social and environmental issues which are ‘material’ to the business in question, and for a fair and balanced selection of stakeholders to be involved in company CSR initiatives; |
| --- | --- |

17.

Recognises that a deep flaw in CSR initiatives arises where companies which pride themselves on practising CSR manage to avoid critical interest groups or sensitive issues relevant to their business and their global supply chain; calls on the Commission, working with financial authorities and the social partners, to build on the previous work of CSR ‘laboratories’ in order better to identify how companies and their stakeholders can objectively pinpoint social and environmental issues which are ‘material’ to the business in question, and for a fair and balanced selection of stakeholders to be involved in company CSR initiatives;

| 18. | Believes that consumers are increasingly focusing attention on companies’ CSR activities, and therefore urges companies to take a transparent approach, especially to corporate operations related to ethical, social, and environmental concerns; |
| --- | --- |

18.

Believes that consumers are increasingly focusing attention on companies’ CSR activities, and therefore urges companies to take a transparent approach, especially to corporate operations related to ethical, social, and environmental concerns;

| 19. | Emphasises that CSR will only be viable if the legal provisions in force and the local tariff regulations of the social partners are upheld; |
| --- | --- |

19.

Emphasises that CSR will only be viable if the legal provisions in force and the local tariff regulations of the social partners are upheld;

| 20. | Notes that, in assessing a company’s social responsibility, account must be taken of the conduct of those companies forming part of its supply chain as well as that of any subcontractors; |
| --- | --- |

20.

Notes that, in assessing a company’s social responsibility, account must be taken of the conduct of those companies forming part of its supply chain as well as that of any subcontractors;

Sustainable recovery

| 21. | Supports the recognition, in the Commission communication, that ‘helping to mitigate the social effects of the current crisis’ and finding sustainable business models are part of enterprises’ social responsibility; calls on the Commission and the Member States to help businesses, in cooperation with workers’ representatives, to become involved in CSR; calls on businesses to consider initiatives aimed at preserving and creating jobs, especially for young people and women, in all areas of activity (such as management and training, markets, staffing, the environment and society), with special regard to those affected by multiple disadvantages, such as Roma and disabled people, and at recruiting not only rank-and-file workers but also senior management staff from the local labour market and establishing, for example, a system that would enable university graduates to undertake quality internships in order to gain the work experience needed by employers in the private sector; |
| --- | --- |

21.

Supports the recognition, in the Commission communication, that ‘helping to mitigate the social effects of the current crisis’ and finding sustainable business models are part of enterprises’ social responsibility; calls on the Commission and the Member States to help businesses, in cooperation with workers’ representatives, to become involved in CSR; calls on businesses to consider initiatives aimed at preserving and creating jobs, especially for young people and women, in all areas of activity (such as management and training, markets, staffing, the environment and society), with special regard to those affected by multiple disadvantages, such as Roma and disabled people, and at recruiting not only rank-and-file workers but also senior management staff from the local labour market and establishing, for example, a system that would enable university graduates to undertake quality internships in order to gain the work experience needed by employers in the private sector;

| 22. | Considers that enterprises should be involved in solving social problems aggravated by the economic crisis, such as lack of housing and poverty, and in the development of the communities in which they work; |
| --- | --- |

22.

Considers that enterprises should be involved in solving social problems aggravated by the economic crisis, such as lack of housing and poverty, and in the development of the communities in which they work;

| 23. | Recognises that the economic crisis has been accompanied by a rise in the casualisation of employment, especially for women, by differences in working conditions, which arise partly as a result of subcontracting, by enforced part-time working for many who aspire to full-time jobs and by a rise in work and labour practices that are sometimes exploitative and a resurgence of the informal sector; calls on the Commission and the European Multi-stakeholder Forum specifically to examine the growth of subcontracting; urges that this work be informed by the UN Guiding Principles applicable to the supply chain and in particular to the concept of impact assessment irrespective of different tiers of supplier; |
| --- | --- |

23.

Recognises that the economic crisis has been accompanied by a rise in the casualisation of employment, especially for women, by differences in working conditions, which arise partly as a result of subcontracting, by enforced part-time working for many who aspire to full-time jobs and by a rise in work and labour practices that are sometimes exploitative and a resurgence of the informal sector; calls on the Commission and the European Multi-stakeholder Forum specifically to examine the growth of subcontracting; urges that this work be informed by the UN Guiding Principles applicable to the supply chain and in particular to the concept of impact assessment irrespective of different tiers of supplier;

| 24. | Notes that compliance with legislation on physical working conditions, the development of procedures and policy on recruitment and dismissal, the protection of workers’ data and privacy and the timely payment of remuneration and other benefits are also part of CSR, and calls for these aspects to be respected; |
| --- | --- |

24.

Notes that compliance with legislation on physical working conditions, the development of procedures and policy on recruitment and dismissal, the protection of workers’ data and privacy and the timely payment of remuneration and other benefits are also part of CSR, and calls for these aspects to be respected;

| 25. | Recognises that the crisis is having an effect on the social fabric; welcomes the range of steps taken by certain businesses to incorporate vulnerable and disadvantaged groups into the job market; requests companies to keep up with this type of initiative; stresses, however, that business closures and retrenchment are jeopardising some of the gains made through CSR, such as the employment of vulnerable groups within society, in particular people with disabilities, improving the training and status of these workers, promoting innovative new forms of socially useful production and services, for example through credit unions, and promoting new models of employment through social businesses, cooperatives and fair trade; considers that it is therefore essential to determine benchmarks for social measures; calls on the Commission to undertake a major analysis of the social impact of the crisis on these initiatives, incorporating a gender-based approach and a focus on the countries of southern Europe, and to consult fully with the social partners and with CSR stakeholders on its outcome; |
| --- | --- |

25.

Recognises that the crisis is having an effect on the social fabric; welcomes the range of steps taken by certain businesses to incorporate vulnerable and disadvantaged groups into the job market; requests companies to keep up with this type of initiative; stresses, however, that business closures and retrenchment are jeopardising some of the gains made through CSR, such as the employment of vulnerable groups within society, in particular people with disabilities, improving the training and status of these workers, promoting innovative new forms of socially useful production and services, for example through credit unions, and promoting new models of employment through social businesses, cooperatives and fair trade; considers that it is therefore essential to determine benchmarks for social measures; calls on the Commission to undertake a major analysis of the social impact of the crisis on these initiatives, incorporating a gender-based approach and a focus on the countries of southern Europe, and to consult fully with the social partners and with CSR stakeholders on its outcome;

| 26. | Believes that CSR actions do not just benefit society as a whole, but also help a company to improve its image and raise its standing in the eyes of potential consumers, thus enabling it to be economically viable in the long term; |
| --- | --- |

26.

Believes that CSR actions do not just benefit society as a whole, but also help a company to improve its image and raise its standing in the eyes of potential consumers, thus enabling it to be economically viable in the long term;

| 27. | Notes that the establishment of skills development and lifelong learning programmes for workers, regular individual assessments of workers and a talent management programme, as well as the setting of individual business and development goals for workers, increases their motivation and commitment and is an essential part of CSR; |
| --- | --- |

27.

Notes that the establishment of skills development and lifelong learning programmes for workers, regular individual assessments of workers and a talent management programme, as well as the setting of individual business and development goals for workers, increases their motivation and commitment and is an essential part of CSR;

| 28. | Points out that, particularly in times of crisis, companies operating in accordance with CSR principles should help to develop the innovative capacities of their region by introducing innovative and environmentally friendly technological solutions in production facilities and through new investments and modernisation; emphasises that the integration of environmental concerns such as biodiversity, climate change, resource efficiency and environmental health into business operations has the potential to promote a sustainable recovery; |
| --- | --- |

28.

Points out that, particularly in times of crisis, companies operating in accordance with CSR principles should help to develop the innovative capacities of their region by introducing innovative and environmentally friendly technological solutions in production facilities and through new investments and modernisation; emphasises that the integration of environmental concerns such as biodiversity, climate change, resource efficiency and environmental health into business operations has the potential to promote a sustainable recovery;

| 29. | Believes that he financial crisis may in some cases have shaken employee confidence in company obligations to meet long-term private pension entitlements, taking into account differences among pension systems in the EU, following the crisis; invites responsible companies to address this problem in conjunction with the Commission and the social partners, including by establishing open, inclusive and rules-based arrangements for managing pension investments, and as part of the wider challenge within CSR to address active ageing in an era of demographic change; notes that the restoration of trust between employees and companies is essential if there is to be a sustainable economic recovery; |
| --- | --- |

29.

Believes that he financial crisis may in some cases have shaken employee confidence in company obligations to meet long-term private pension entitlements, taking into account differences among pension systems in the EU, following the crisis; invites responsible companies to address this problem in conjunction with the Commission and the social partners, including by establishing open, inclusive and rules-based arrangements for managing pension investments, and as part of the wider challenge within CSR to address active ageing in an era of demographic change; notes that the restoration of trust between employees and companies is essential if there is to be a sustainable economic recovery;

International organisation and multi-stakeholder approaches

| 30. | Strongly commends the emphasis given in the Commission communication to strengthening and implementing international standards, and — in view of the 2011 update of the OECD Guidelines and agreement of the UN Guiding Principles — believes that a major emphasis of EU action must now be on support for, and the implementation of, those guidelines and principles among European business; stresses that the OECD Guidelines have been defined and acknowledged at the international level in order to establish and maintain a level playing field while fostering open, fair and responsible business practices worldwide; suggests to the Commission that it report annually to both Parliament and the Council on the implementation of the OECD Guidelines in the EU; |
| --- | --- |

30.

Strongly commends the emphasis given in the Commission communication to strengthening and implementing international standards, and — in view of the 2011 update of the OECD Guidelines and agreement of the UN Guiding Principles — believes that a major emphasis of EU action must now be on support for, and the implementation of, those guidelines and principles among European business; stresses that the OECD Guidelines have been defined and acknowledged at the international level in order to establish and maintain a level playing field while fostering open, fair and responsible business practices worldwide; suggests to the Commission that it report annually to both Parliament and the Council on the implementation of the OECD Guidelines in the EU;

| 31. | Emphasises the importance of framing Union CSR policies in line with international standards, so as to avoid disparate national interpretations and any risk of competitive advantages or disadvantages emerging at national or international level; |
| --- | --- |

31.

Emphasises the importance of framing Union CSR policies in line with international standards, so as to avoid disparate national interpretations and any risk of competitive advantages or disadvantages emerging at national or international level;

| 32. | Insists that each of the 27 Member States must accelerate the revision of its national action plan on CSR, and the development of national plans implementing the relevant OECD Guidelines and UN Guiding Principles, which should be finalised by December 2013 at the latest; considers that the Member States should ensure that these plans are drafted with the participation of all relevant stakeholders, including NGOs, civil society, trade unions, employers’ organisations and national human rights institutions (NHRI); calls on the EU to facilitate learning from the experience of those Member States which are currently undergoing this process; encourages the Member States to draw inspiration from the guidelines contained in the ISO 26000 standard, the most recent version of the Global Reporting Initiative guidelines and the guidance developed by the European Group of National Human Rights Institutions; |
| --- | --- |

32.

Insists that each of the 27 Member States must accelerate the revision of its national action plan on CSR, and the development of national plans implementing the relevant OECD Guidelines and UN Guiding Principles, which should be finalised by December 2013 at the latest; considers that the Member States should ensure that these plans are drafted with the participation of all relevant stakeholders, including NGOs, civil society, trade unions, employers’ organisations and national human rights institutions (NHRI); calls on the EU to facilitate learning from the experience of those Member States which are currently undergoing this process; encourages the Member States to draw inspiration from the guidelines contained in the ISO 26000 standard, the most recent version of the Global Reporting Initiative guidelines and the guidance developed by the European Group of National Human Rights Institutions;

| 33. | Calls for greater policy coherence to be established at EU level by bringing public procurement, export credit, good governance, competition, development, trade, investment and other policies and agreements into conformity with the international human rights, social and environmental standards laid down in the relevant OECD and UN guidelines and principles; calls, in this connection, for efforts to cooperate with bodies representing employees, employers and consumers while drawing on relevant NHRI advice, such as the submission of the European Group of National Human Rights Institutions to the Commission on human rights and procurement; calls for meaningful and adequate impact assessments of legislative proposals for potential incoherence with the UN Guiding Principles, and insists on coordination with the UN Working Group on Business and Human Rights in order to avoid disparate and inconsistent interpretations of those Guiding Principles; |
| --- | --- |

33.

Calls for greater policy coherence to be established at EU level by bringing public procurement, export credit, good governance, competition, development, trade, investment and other policies and agreements into conformity with the international human rights, social and environmental standards laid down in the relevant OECD and UN guidelines and principles; calls, in this connection, for efforts to cooperate with bodies representing employees, employers and consumers while drawing on relevant NHRI advice, such as the submission of the European Group of National Human Rights Institutions to the Commission on human rights and procurement; calls for meaningful and adequate impact assessments of legislative proposals for potential incoherence with the UN Guiding Principles, and insists on coordination with the UN Working Group on Business and Human Rights in order to avoid disparate and inconsistent interpretations of those Guiding Principles;

| 34. | Welcomes, in particular, the inclusion of the ICT sector in specific European guidelines on business and human rights; recognises the genuine dilemmas created by the need to protect privacy and combat criminal content, on the one hand, with the objective of defending freedom of expression, on the other, as evidenced by the recent controversy created by the anti-Islamic video posted on YouTube; calls for many more European companies to engage with the leading multi-stakeholder initiative in this respect, the Global Network Initiative (GNI), whose membership is currently dominated by US-based companies; |
| --- | --- |

34.

Welcomes, in particular, the inclusion of the ICT sector in specific European guidelines on business and human rights; recognises the genuine dilemmas created by the need to protect privacy and combat criminal content, on the one hand, with the objective of defending freedom of expression, on the other, as evidenced by the recent controversy created by the anti-Islamic video posted on YouTube; calls for many more European companies to engage with the leading multi-stakeholder initiative in this respect, the Global Network Initiative (GNI), whose membership is currently dominated by US-based companies;

| 35. | Insists that all ‘finance for trade and development’ offered to private-sector actors by EU investment facilities, the European Investment Bank and the European Bank for Reconstruction and Development should include contractual clauses requiring compliance with the OECD Guidelines on Multinational Enterprises and the UN Guiding Principles on Business and Human Rights, with provisions on accountability and a clear complaints mechanism; reiterates its call for the Member States to do the same with respect to the issuing of export credits to businesses; |
| --- | --- |

35.

Insists that all ‘finance for trade and development’ offered to private-sector actors by EU investment facilities, the European Investment Bank and the European Bank for Reconstruction and Development should include contractual clauses requiring compliance with the OECD Guidelines on Multinational Enterprises and the UN Guiding Principles on Business and Human Rights, with provisions on accountability and a clear complaints mechanism; reiterates its call for the Member States to do the same with respect to the issuing of export credits to businesses;

| 36. | Welcomes the Commission’s initiative on national action plans for the implementation of the UN Guiding Principles on Business and Human Rights; calls on the European External Action Service (EEAS) to play a far greater role in helping to lead implementation at a senior level and in encouraging effective monitoring and reporting; calls for a ‘peer review process’ to take place between Member States in order to advance implementation; calls for the Commission and the EEAS to evaluate the implementation of the action plans and assess the action taken at EU level, and to report to the European Council and to Parliament by the end of 2014; |
| --- | --- |

36.

Welcomes the Commission’s initiative on national action plans for the implementation of the UN Guiding Principles on Business and Human Rights; calls on the European External Action Service (EEAS) to play a far greater role in helping to lead implementation at a senior level and in encouraging effective monitoring and reporting; calls for a ‘peer review process’ to take place between Member States in order to advance implementation; calls for the Commission and the EEAS to evaluate the implementation of the action plans and assess the action taken at EU level, and to report to the European Council and to Parliament by the end of 2014;

| 37. | Recognises that companies increasingly operate in fragile states and that they have a duty of care to protect their staff from conflict, terrorism and organised crime; insists, nevertheless, that companies have an equal duty to ensure that security arrangements do not prejudice peace or the security of others in the places where they operate, which can open them up to accusations of complicity in human rights violations; calls on the Commission and the Member States to secure far greater adoption of the international Voluntary Security Principles and to seek the agreement of an international regulatory framework on the regulation, monitoring and oversight of the activities of private military and security companies (PMSCs); |
| --- | --- |

37.

Recognises that companies increasingly operate in fragile states and that they have a duty of care to protect their staff from conflict, terrorism and organised crime; insists, nevertheless, that companies have an equal duty to ensure that security arrangements do not prejudice peace or the security of others in the places where they operate, which can open them up to accusations of complicity in human rights violations; calls on the Commission and the Member States to secure far greater adoption of the international Voluntary Security Principles and to seek the agreement of an international regulatory framework on the regulation, monitoring and oversight of the activities of private military and security companies (PMSCs);

| 38. | Calls on enterprises and other stakeholders to engage constructively in the Commission’s process for developing sector-specific human rights guidance, and to use the resulting guidance when it is complete; |
| --- | --- |

38.

Calls on enterprises and other stakeholders to engage constructively in the Commission’s process for developing sector-specific human rights guidance, and to use the resulting guidance when it is complete;

| 39. | Calls on the Commission, in particular its DG Justice, to put forward proposals for better facilitating access to justice in EU courts for the most extreme, egregious cases of human or labour rights violations by European-based businesses or their subsidiaries, subcontractors or business partners, as recommended by the UN Secretary-General’s Special Representative on Business and Human Rights; |
| --- | --- |

39.

Calls on the Commission, in particular its DG Justice, to put forward proposals for better facilitating access to justice in EU courts for the most extreme, egregious cases of human or labour rights violations by European-based businesses or their subsidiaries, subcontractors or business partners, as recommended by the UN Secretary-General’s Special Representative on Business and Human Rights;

| 40. | Notes, too, the need to develop and establish mechanisms for reporting human rights violations within individual businesses; |
| --- | --- |

40.

Notes, too, the need to develop and establish mechanisms for reporting human rights violations within individual businesses;

| 41. | Believes that the ‘Green Matters’ study definitively demonstrates the positive link between companies pursuing CSR and achieving better financial performance as they emerge from the crisis; endorses the concept of ‘responsible competitiveness’ and emphasises that the potential market for socially and environmentally useful goods and services remains a crucial market opportunity for companies as well as meeting societal needs; |
| --- | --- |

41.

Believes that the ‘Green Matters’ study definitively demonstrates the positive link between companies pursuing CSR and achieving better financial performance as they emerge from the crisis; endorses the concept of ‘responsible competitiveness’ and emphasises that the potential market for socially and environmentally useful goods and services remains a crucial market opportunity for companies as well as meeting societal needs;

| 42. | Shares the view of business, identified in the 2012 Global CEO Survey, that sustainable business growth necessitates working closely with local populations, governments and business partners and investing in local communities; supports and calls for the intensification of business initiatives connected with job creation, training, helping to manage resource constraints and contributing to health solutions; |
| --- | --- |

42.

Shares the view of business, identified in the 2012 Global CEO Survey, that sustainable business growth necessitates working closely with local populations, governments and business partners and investing in local communities; supports and calls for the intensification of business initiatives connected with job creation, training, helping to manage resource constraints and contributing to health solutions;

| 43. | Calls on the Commission, in particular its DG Trade, to move from a ‘passive’ to an ‘active’ approach to the OECD Guidelines, inter alia by applying to adhere to the OECD Declaration on International Investment and Multinational Enterprises, which includes the OECD Guidelines, ensuring the promotion of, and continuous support for, the OECD Guidelines by the EU’s Delegations in third countries, funding capacity-building initiatives in conjunction with businesses, trade unions and civil society in third countries in relation to the implementation of the Guidelines, and ensuring that the Guidelines are specifically cited in all new agreements between the EU and third countries, including all trade and investment treaties; calls for the EU to mount a major diplomatic effort to persuade more countries internationally to become signatories and to provide civil society groups with concrete support for raising ‘specific instances’ of alleged breaches, in cooperation with Member States; |
| --- | --- |

43.

Calls on the Commission, in particular its DG Trade, to move from a ‘passive’ to an ‘active’ approach to the OECD Guidelines, inter alia by applying to adhere to the OECD Declaration on International Investment and Multinational Enterprises, which includes the OECD Guidelines, ensuring the promotion of, and continuous support for, the OECD Guidelines by the EU’s Delegations in third countries, funding capacity-building initiatives in conjunction with businesses, trade unions and civil society in third countries in relation to the implementation of the Guidelines, and ensuring that the Guidelines are specifically cited in all new agreements between the EU and third countries, including all trade and investment treaties; calls for the EU to mount a major diplomatic effort to persuade more countries internationally to become signatories and to provide civil society groups with concrete support for raising ‘specific instances’ of alleged breaches, in cooperation with Member States;

| 44. | Believes that CSR can be an important tool to help the EU support the implementation of International Labour Organisation (ILO) conventions internationally; calls on the Commission to support European organisations and social partners seeking to undertake pilot projects in accordance with the OECD Guidelines and other international CSR standards with a view to building capacity in third countries; asks the Commission to set a specific target for the negotiation and conclusion of new framework agreements on CSR-related issues and to invite the social partners to conclude these agreements within the context of their new sector-based approach to CSR; invites the Commission, in particular its DG Employment, to integrate labour standards into CSR by conducting pilot projects on decent work in conjunction with third-country governments; |
| --- | --- |

44.

Believes that CSR can be an important tool to help the EU support the implementation of International Labour Organisation (ILO) conventions internationally; calls on the Commission to support European organisations and social partners seeking to undertake pilot projects in accordance with the OECD Guidelines and other international CSR standards with a view to building capacity in third countries; asks the Commission to set a specific target for the negotiation and conclusion of new framework agreements on CSR-related issues and to invite the social partners to conclude these agreements within the context of their new sector-based approach to CSR; invites the Commission, in particular its DG Employment, to integrate labour standards into CSR by conducting pilot projects on decent work in conjunction with third-country governments;

| 45. | Agrees with the Commission communication entitled ‘A renewed EU strategy 2011-14 for Corporate Social Responsibility’ that ‘respect for applicable legislation, and for collective agreements between social partners, is a prerequisite for meeting [corporate social] responsibility’; believes that CSR should complement, but in no way replace, existing legislation, collective bargaining and dialogue with workers organised in trade unions; believes that companies should commit themselves to discussing their CSR policy — and elements such as an annual company report on the social and environmental impact of their activities — with employees and their representatives; believes that an optional set of rules for EFAs should be adopted on the basis of the possible content of such a framework, as described in the Commission’s staff working document on that subject; |
| --- | --- |

45.

Agrees with the Commission communication entitled ‘A renewed EU strategy 2011-14 for Corporate Social Responsibility’ that ‘respect for applicable legislation, and for collective agreements between social partners, is a prerequisite for meeting [corporate social] responsibility’; believes that CSR should complement, but in no way replace, existing legislation, collective bargaining and dialogue with workers organised in trade unions; believes that companies should commit themselves to discussing their CSR policy — and elements such as an annual company report on the social and environmental impact of their activities — with employees and their representatives; believes that an optional set of rules for EFAs should be adopted on the basis of the possible content of such a framework, as described in the Commission’s staff working document on that subject;

| 46. | Calls for the EU, and in particular the Commission:






  — | to ensure that the topic of CSR and human rights features among the priorities of individual financial instruments under the new multiannual financial framework (MFF) for the 2014-2020 period; and |
| --- | --- | --- |

46.

Calls for the EU, and in particular the Commission:

—

to ensure that the topic of CSR and human rights features among the priorities of individual financial instruments under the new multiannual financial framework (MFF) for the 2014-2020 period; and

| — | to develop specific support under the EIDHR for training and overall capacity-building in the area of CSR and human rights for civil society organisations, NHRIs, human rights defenders, trade unions and other human rights organisations; |
| --- | --- |

—

to develop specific support under the EIDHR for training and overall capacity-building in the area of CSR and human rights for civil society organisations, NHRIs, human rights defenders, trade unions and other human rights organisations;

| 47. | Welcomes the fact that some in the business sector used the UN Rio+20 summit to advocate a new global convention on corporate responsibility within the UN system; believes that although such a convention is probably some years away, the EU should constructively engage in the debate; believes, nevertheless, that such discussions must not distract policy-makers in business and government from proceeding with the implementation of existing CSR instruments as a matter of urgency; draws attention to the fact that there are different models for how new forms of global governance in relation to CSR might emerge in addition to the UN system, for example by promoting the growth of the OECD Guidelines among non-members or through a free-standing initiative by like-minded governments; calls for the EU, the Commission and the Member States to develop and advocate specific proposals for a concrete and verifiable business contribution to be agreed as part of the proposed UN sustainable development goals post-2015; |
| --- | --- |

47.

Welcomes the fact that some in the business sector used the UN Rio+20 summit to advocate a new global convention on corporate responsibility within the UN system; believes that although such a convention is probably some years away, the EU should constructively engage in the debate; believes, nevertheless, that such discussions must not distract policy-makers in business and government from proceeding with the implementation of existing CSR instruments as a matter of urgency; draws attention to the fact that there are different models for how new forms of global governance in relation to CSR might emerge in addition to the UN system, for example by promoting the growth of the OECD Guidelines among non-members or through a free-standing initiative by like-minded governments; calls for the EU, the Commission and the Member States to develop and advocate specific proposals for a concrete and verifiable business contribution to be agreed as part of the proposed UN sustainable development goals post-2015;

Public policies for CSR

| 48. | Endorses the view, dating from the first report of the Multi-stakeholder Forum in June 2004, that public authorities can play a significant role by using their convening and incentivising functions to advance CSR, not least in public procurement, and calls on the Member States, through the High Level Group and other channels, to give a major new impetus to such efforts; |
| --- | --- |

48.

Endorses the view, dating from the first report of the Multi-stakeholder Forum in June 2004, that public authorities can play a significant role by using their convening and incentivising functions to advance CSR, not least in public procurement, and calls on the Member States, through the High Level Group and other channels, to give a major new impetus to such efforts;

| 49. | Requests that where the EU or its Member States are partners of business (e.g. in the context of public procurement, state-owned enterprises, joint ventures, export credit guarantees and large-scale projects in third countries), consistency with the OECD and UN guidelines and principles be a priority which is reflected in specific clauses carrying consequences for companies that blatantly violate social, environmental and human rights standards; |
| --- | --- |

49.

Requests that where the EU or its Member States are partners of business (e.g. in the context of public procurement, state-owned enterprises, joint ventures, export credit guarantees and large-scale projects in third countries), consistency with the OECD and UN guidelines and principles be a priority which is reflected in specific clauses carrying consequences for companies that blatantly violate social, environmental and human rights standards;

| 50. | Stresses the importance of the UN ‘Protect, Respect and Remedy’ framework and considers that its three pillars — the state’s responsibility to protect against human rights violations, businesses’ responsibility to respect human rights, and the need for more effective access to remedies — should be supported by appropriate measures to enable their implementation; |
| --- | --- |

50.

Stresses the importance of the UN ‘Protect, Respect and Remedy’ framework and considers that its three pillars — the state’s responsibility to protect against human rights violations, businesses’ responsibility to respect human rights, and the need for more effective access to remedies — should be supported by appropriate measures to enable their implementation;

| 51. | Emphasises that, given the size of their share of international trade, European companies and their subsidiaries and subcontractors play a key role in the promotion and dissemination of social and labour standards worldwide; acknowledges that grievances against EU companies operating abroad are often more usefully solved in situ; commends the OECD national contact points as state-based non-legal mechanisms that can mediate over a broad range of business and human rights disputes; calls, however, for a greater effort by companies in developing grievance mechanisms aligned with the effectiveness criteria set out in the UN Guiding Principles, and for further authoritative guidance to be sought in internationally recognised principles and guidelines, in particular the recently updated OECD Guidelines for Multinational Enterprises, the 10 principles of the UN Global Compact, the ISO 26000 guidance standard on social responsibility and the ILO Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy; |
| --- | --- |

51.

Emphasises that, given the size of their share of international trade, European companies and their subsidiaries and subcontractors play a key role in the promotion and dissemination of social and labour standards worldwide; acknowledges that grievances against EU companies operating abroad are often more usefully solved in situ; commends the OECD national contact points as state-based non-legal mechanisms that can mediate over a broad range of business and human rights disputes; calls, however, for a greater effort by companies in developing grievance mechanisms aligned with the effectiveness criteria set out in the UN Guiding Principles, and for further authoritative guidance to be sought in internationally recognised principles and guidelines, in particular the recently updated OECD Guidelines for Multinational Enterprises, the 10 principles of the UN Global Compact, the ISO 26000 guidance standard on social responsibility and the ILO Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy;

| 52. | Calls for the development of more effective transparency and accountability standards for EU technology companies in connection with the export of technologies that can be used to violate human rights or to act against the EU’s security interests; |
| --- | --- |

52.

Calls for the development of more effective transparency and accountability standards for EU technology companies in connection with the export of technologies that can be used to violate human rights or to act against the EU’s security interests;

| 53. | Calls for the implementation of the ‘know your end user’ principle to ensure increased scrutiny and to prevent human rights violations from occurring either up- or downstream in supply chains and production or market flows; |
| --- | --- |

53.

Calls for the implementation of the ‘know your end user’ principle to ensure increased scrutiny and to prevent human rights violations from occurring either up- or downstream in supply chains and production or market flows;

| 54. | Considers that the Member States should hold companies accountable for the adoption of principles and proactive policies in order to counter discrimination and social exclusion, to promote gender equality and to respect the fundamental rights of all; |
| --- | --- |

54.

Considers that the Member States should hold companies accountable for the adoption of principles and proactive policies in order to counter discrimination and social exclusion, to promote gender equality and to respect the fundamental rights of all;

| 55. | Invites the Commission and the Member States, given the multi-stakeholder approach to CSR, to consider broadening observer attendance at the biannual High Level Group meetings to include observer representatives comprising the two rapporteurs from the relevant Parliament committees, representatives from the UN Environment Programme, the UN Human Rights Council and the International Labour Organisation, and one nominee each from the European business sector, trade unions and civil society, to be agreed by the coordinating committee of the Multi-stakeholder Forum; |
| --- | --- |

55.

Invites the Commission and the Member States, given the multi-stakeholder approach to CSR, to consider broadening observer attendance at the biannual High Level Group meetings to include observer representatives comprising the two rapporteurs from the relevant Parliament committees, representatives from the UN Environment Programme, the UN Human Rights Council and the International Labour Organisation, and one nominee each from the European business sector, trade unions and civil society, to be agreed by the coordinating committee of the Multi-stakeholder Forum;

| 56. | Recognises that the need, pointed out in the 2001 Laeken Declaration, for the EU institutions to be brought closer to the Union’s citizens is ongoing; supports, therefore, a formal examination of the ‘Solidarité proposal’ for an interinstitutional human resources programme in the EU institutions to facilitate the involvement of their staff and trainees in community engagement through benevolent humanitarian and positive social activities, both as part of staff training and in the form of volunteering; highlights the fact that the proposed programme is cost-saving and highly value-adding and would help to promote and implement EU policies and programmes; urges all the Member States to include employee volunteering in their national action plans; calls for a ‘compact’ to be signed through the European Volunteer Centre (CEV) with a view to engaging civil society organisations throughout Europe in pursuit of this objective; |
| --- | --- |

56.

Recognises that the need, pointed out in the 2001 Laeken Declaration, for the EU institutions to be brought closer to the Union’s citizens is ongoing; supports, therefore, a formal examination of the ‘Solidarité proposal’ for an interinstitutional human resources programme in the EU institutions to facilitate the involvement of their staff and trainees in community engagement through benevolent humanitarian and positive social activities, both as part of staff training and in the form of volunteering; highlights the fact that the proposed programme is cost-saving and highly value-adding and would help to promote and implement EU policies and programmes; urges all the Member States to include employee volunteering in their national action plans; calls for a ‘compact’ to be signed through the European Volunteer Centre (CEV) with a view to engaging civil society organisations throughout Europe in pursuit of this objective;

| 57. | Calls on businesses to encourage their employees to do international voluntary work, with a view to promoting synergies between the public and private sectors in the development cooperation field; calls on the Commission to provide support, through the future European Voluntary Humanitarian Aid Corps, for action taken by businesses in this area; |
| --- | --- |

57.

Calls on businesses to encourage their employees to do international voluntary work, with a view to promoting synergies between the public and private sectors in the development cooperation field; calls on the Commission to provide support, through the future European Voluntary Humanitarian Aid Corps, for action taken by businesses in this area;

| 58. | Considers that the Member States should encourage companies to develop policies and put in place measures addressing the need to respect the private and family life of all their employees; believes that these policies and measures should conform to the principle of equality, and should extend to negotiations on the length and organisation of working hours, salary levels, the availability of certain practical facilities for workers, and flexible working conditions, including the nature of employment contracts and the availability of career breaks; |
| --- | --- |

58.

Considers that the Member States should encourage companies to develop policies and put in place measures addressing the need to respect the private and family life of all their employees; believes that these policies and measures should conform to the principle of equality, and should extend to negotiations on the length and organisation of working hours, salary levels, the availability of certain practical facilities for workers, and flexible working conditions, including the nature of employment contracts and the availability of career breaks;

| 59. | Recognises that social indicators lag behind environmental indices in terms of economic valuation and general specificity in many CSR initiatives; believes, notwithstanding the handbook on social procurement, that the EU itself has been too constrained in this area; calls for a study on ‘valuing social capital’ to give rise to a wide-ranging European-led debate on better integrating social impact into sustainable business management; supports funding for pilot projects to develop social indices, social ratings agencies and the practice of social auditing in some Member States and business sectors; |
| --- | --- |

59.

Recognises that social indicators lag behind environmental indices in terms of economic valuation and general specificity in many CSR initiatives; believes, notwithstanding the handbook on social procurement, that the EU itself has been too constrained in this area; calls for a study on ‘valuing social capital’ to give rise to a wide-ranging European-led debate on better integrating social impact into sustainable business management; supports funding for pilot projects to develop social indices, social ratings agencies and the practice of social auditing in some Member States and business sectors;

| 60. | Welcomes the recognition of the role which must be played by public procurement in promoting CSR in practice, including access to training, equality, fair trade and the social integration of disadvantaged workers and people with disabilities, so as to provide businesses with an incentive to increase their social responsibility; considers, however, that it remains unclear how far successive amendments to EU procurement rules have actually been taken up by public authorities and what overall impact has been achieved in terms of improving the environmental and social performance of business and incentivising CSR; calls for further research and impact assessments leading to clear recommendations with a view to providing easily understandable incentives to business; asks that this include analysis of the growing practice of businesses building CSR clauses into their own private purchasing i.e. in business-to-business contracts, and calls for the identification of good practice in this area; |
| --- | --- |

60.

Welcomes the recognition of the role which must be played by public procurement in promoting CSR in practice, including access to training, equality, fair trade and the social integration of disadvantaged workers and people with disabilities, so as to provide businesses with an incentive to increase their social responsibility; considers, however, that it remains unclear how far successive amendments to EU procurement rules have actually been taken up by public authorities and what overall impact has been achieved in terms of improving the environmental and social performance of business and incentivising CSR; calls for further research and impact assessments leading to clear recommendations with a view to providing easily understandable incentives to business; asks that this include analysis of the growing practice of businesses building CSR clauses into their own private purchasing i.e. in business-to-business contracts, and calls for the identification of good practice in this area;

| 61. | Encourages the use of information communication technology and of the social media to encourage those interested globally to take a more active part in multi-stakeholder consultations; |
| --- | --- |

61.

Encourages the use of information communication technology and of the social media to encourage those interested globally to take a more active part in multi-stakeholder consultations;

| 62. | Commends the Member States for their considerable efforts to develop and implement national action plans on CSR in consultation with national multi-stakeholder platforms in many EU countries; expresses concern, however, that a wide range of public policy measures has yet to yield significant visible impact in advancing CSR; calls for there to be greater research into, and evaluation of, public policy measures relating to CSR at the European level; calls for the Commission itself to lead by example as a responsible employer by publishing its own CSR report in accordance with the GRI’s Public Sector Supplement, offering Commission staff ‘matched’ time off to pursue employee volunteering initiatives and reviewing the use of pension fund investments according to ethical criteria; |
| --- | --- |

62.

Commends the Member States for their considerable efforts to develop and implement national action plans on CSR in consultation with national multi-stakeholder platforms in many EU countries; expresses concern, however, that a wide range of public policy measures has yet to yield significant visible impact in advancing CSR; calls for there to be greater research into, and evaluation of, public policy measures relating to CSR at the European level; calls for the Commission itself to lead by example as a responsible employer by publishing its own CSR report in accordance with the GRI’s Public Sector Supplement, offering Commission staff ‘matched’ time off to pursue employee volunteering initiatives and reviewing the use of pension fund investments according to ethical criteria;

| 63. | Calls for the European Year of Citizenship 2013 to include a specific strand on business citizenship, inviting entrepreneurs and business people to engage with existing CSR initiatives in Member States and at the EU level with a view to promoting and developing the concept of a ‘good corporate citizen’; |
| --- | --- |

63.

Calls for the European Year of Citizenship 2013 to include a specific strand on business citizenship, inviting entrepreneurs and business people to engage with existing CSR initiatives in Member States and at the EU level with a view to promoting and developing the concept of a ‘good corporate citizen’;

| 64. | Welcomes the Commission's intention to base its new award scheme on existing practices on this area; believes that the awards can incentivise CSR, but only if winners represent genuine best practice at the national, European and global level; invites the Commission to set up an independent panel of experts to assess this and to ‘audit’ the scheme in this and future years on a continuing basis; asks that the publicity around the awards reflect the real complexity of the challenges faced and emphasises lessons for all companies and not solely the winners; |
| --- | --- |

64.

Welcomes the Commission's intention to base its new award scheme on existing practices on this area; believes that the awards can incentivise CSR, but only if winners represent genuine best practice at the national, European and global level; invites the Commission to set up an independent panel of experts to assess this and to ‘audit’ the scheme in this and future years on a continuing basis; asks that the publicity around the awards reflect the real complexity of the challenges faced and emphasises lessons for all companies and not solely the winners;

| 65. | Considers it essential that the Commission develop as soon as possible the announced common methodology for the measurement of environmental performance based on life-cycle cost; believes that such a methodology would be useful in terms of both the transparency of company information and the assessment by the authorities of companies’ environmental performance; |
| --- | --- |

65.

Considers it essential that the Commission develop as soon as possible the announced common methodology for the measurement of environmental performance based on life-cycle cost; believes that such a methodology would be useful in terms of both the transparency of company information and the assessment by the authorities of companies’ environmental performance;

| 66. | Calls on the Commission to accelerate its efforts to bring forward, in its work programme, new proposals for meeting governance gaps with regard to international CSR standards, as recommended in the ‘Edinburgh Study’ it commissioned; |
| --- | --- |

66.

Calls on the Commission to accelerate its efforts to bring forward, in its work programme, new proposals for meeting governance gaps with regard to international CSR standards, as recommended in the ‘Edinburgh Study’ it commissioned;

| 67. | Calls on the Member States to take action to enhance the effectiveness of policies to promote CSR by, for example, introducing rewards for responsible corporate behaviour in the form of investment policy incentives and access to public investment; |
| --- | --- |

67.

Calls on the Member States to take action to enhance the effectiveness of policies to promote CSR by, for example, introducing rewards for responsible corporate behaviour in the form of investment policy incentives and access to public investment;

| 68. | Commends the Commission’s plans to advance initiatives in the fields of responsible production and consumption; believes that the EU can build on the experience of CSR initiatives which have undertaken specific training and capacity-building for purchasers within companies; believes that the planned initiative on transparency can be a major driver for the ethical consumer movement; calls on the Commission and the Member States to consider the feasibility and desirability of developing a European social label for all companies involved in CSR, so as to make their efforts more visible to consumers and investors, and, by building on existing labelling initiatives, continuously to promote ‘bottom-up’ collaboration under the auspices of the International Social and Environmental Accreditation and Labelling (ISEAL) Alliance; suggests that companies bearing such a European label be monitored regularly regarding their compliance with the social CSR provisions set out in the label; |
| --- | --- |

68.

Commends the Commission’s plans to advance initiatives in the fields of responsible production and consumption; believes that the EU can build on the experience of CSR initiatives which have undertaken specific training and capacity-building for purchasers within companies; believes that the planned initiative on transparency can be a major driver for the ethical consumer movement; calls on the Commission and the Member States to consider the feasibility and desirability of developing a European social label for all companies involved in CSR, so as to make their efforts more visible to consumers and investors, and, by building on existing labelling initiatives, continuously to promote ‘bottom-up’ collaboration under the auspices of the International Social and Environmental Accreditation and Labelling (ISEAL) Alliance; suggests that companies bearing such a European label be monitored regularly regarding their compliance with the social CSR provisions set out in the label;

Linking socially responsible investment to disclosure

| 69. | Notes that a key driver of the socially and sustainably responsible investment market remains institutional investor demand, but the primary focus should not remain confined to environmental aspects; notes, in this vein, that disclosure to investors and consumers is a key driver of CSR and must be based on readily applicable and measurable social and environmental principles; welcomes the Commission’s moves to engage with the investor community on CSR issues; calls for this engagement to be firmly based on support for the UN Principles for Responsible Investment and the principle of integrated reporting (IR); |
| --- | --- |

69.

Notes that a key driver of the socially and sustainably responsible investment market remains institutional investor demand, but the primary focus should not remain confined to environmental aspects; notes, in this vein, that disclosure to investors and consumers is a key driver of CSR and must be based on readily applicable and measurable social and environmental principles; welcomes the Commission’s moves to engage with the investor community on CSR issues; calls for this engagement to be firmly based on support for the UN Principles for Responsible Investment and the principle of integrated reporting (IR);

| 70. | Notes that beneficiaries of long-term investors such as pension funds have an interest in sustainable returns and in responsible corporate behaviour; believes that it is important that the incentives of investment agents are effectively aligned with beneficiaries’ interests and do not restrict them to a narrow interpretation of those interests which focuses solely on the maximisation of short-term returns; endorses a legal framework which supports this aim; welcomes the Commission’s development of proposals on long-term investing and on corporate governance which will help to address these issues; |
| --- | --- |

70.

Notes that beneficiaries of long-term investors such as pension funds have an interest in sustainable returns and in responsible corporate behaviour; believes that it is important that the incentives of investment agents are effectively aligned with beneficiaries’ interests and do not restrict them to a narrow interpretation of those interests which focuses solely on the maximisation of short-term returns; endorses a legal framework which supports this aim; welcomes the Commission’s development of proposals on long-term investing and on corporate governance which will help to address these issues;

| 71. | Supports the Commission in bringing forward a proposal on non-financial disclosure by business; is pleased that this proposal is based on a wide-ranging public consultation as well as a series of workshops with relevant stakeholders; warns that the use of the term ‘non financial’ should not disguise the very real financial consequences for business of social, environmental and human rights issues; believes the proposal gives the EU the opportunity to recommend that European businesses apply the UN Guiding Principles on Business and Human Rights and the UN Global Compact and that they should be harmonised with integrated reporting as currently being developed by the International Integrated Reporting Council (IIRC); stresses that any solutions must be flexible and not create excessive administrative burdens and expense; |
| --- | --- |

71.

Supports the Commission in bringing forward a proposal on non-financial disclosure by business; is pleased that this proposal is based on a wide-ranging public consultation as well as a series of workshops with relevant stakeholders; warns that the use of the term ‘non financial’ should not disguise the very real financial consequences for business of social, environmental and human rights issues; believes the proposal gives the EU the opportunity to recommend that European businesses apply the UN Guiding Principles on Business and Human Rights and the UN Global Compact and that they should be harmonised with integrated reporting as currently being developed by the International Integrated Reporting Council (IIRC); stresses that any solutions must be flexible and not create excessive administrative burdens and expense;

| 72. | Notes that to enhance the credibility of a business's actions, the social report should be verified by an external body; |
| --- | --- |

72.

Notes that to enhance the credibility of a business's actions, the social report should be verified by an external body;

Taking CSR forward

| 73. | Endorses a continuing leading role for the European Multi-Stakeholder Forum in supporting the implementation of the proposals set out in the Commission communication; points out that if it were geared more closely to SMEs, CSR could spread more widely in all parts of Europe; calls on all participants to engage in the work of the forum with an approach which is flexible, open-minded and consensus-building in the true spirit of CSR; |
| --- | --- |

73.

Endorses a continuing leading role for the European Multi-Stakeholder Forum in supporting the implementation of the proposals set out in the Commission communication; points out that if it were geared more closely to SMEs, CSR could spread more widely in all parts of Europe; calls on all participants to engage in the work of the forum with an approach which is flexible, open-minded and consensus-building in the true spirit of CSR;

| 74. | Insists that trade union rights and freedoms and the representation of democratically-elected workers’ representation bodies are at the centre of any CSR strategy; commends the existing EU framework of sectoral and cross-sectoral social dialogue structures and calls for full and active consultation and involvement of representative organisations and trade unions, in particular in the development, operation and monitoring of companies' CSR processes and structures, working with employers in a genuine partnership approach; calls on the Commission to treat unions and staff representatives, who are essential actors, as partners in dialogue in connection with CSR-related topics, alongside businesses and other stakeholders; takes the view that the social partners can play a major role in promoting corporate social responsibility which, it should be noted, contributes to and facilitates social dialogue; |
| --- | --- |

74.

Insists that trade union rights and freedoms and the representation of democratically-elected workers’ representation bodies are at the centre of any CSR strategy; commends the existing EU framework of sectoral and cross-sectoral social dialogue structures and calls for full and active consultation and involvement of representative organisations and trade unions, in particular in the development, operation and monitoring of companies' CSR processes and structures, working with employers in a genuine partnership approach; calls on the Commission to treat unions and staff representatives, who are essential actors, as partners in dialogue in connection with CSR-related topics, alongside businesses and other stakeholders; takes the view that the social partners can play a major role in promoting corporate social responsibility which, it should be noted, contributes to and facilitates social dialogue;

| 75. | Calls for CSR policies to include specific measures to tackle the unlawful practice of blacklisting workers and denying them access to employment, often due to their trade union membership and activities or role as health and safety representatives; |
| --- | --- |

75.

Calls for CSR policies to include specific measures to tackle the unlawful practice of blacklisting workers and denying them access to employment, often due to their trade union membership and activities or role as health and safety representatives;

| 76. | Insists that any enterprise that is found to be blacklisting workers or breaching human rights and labour standards should be excluded from receiving EU grants and funding and from taking part in calls for tender for other public procurement contracts at EU, national or public authority level; |
| --- | --- |

76.

Insists that any enterprise that is found to be blacklisting workers or breaching human rights and labour standards should be excluded from receiving EU grants and funding and from taking part in calls for tender for other public procurement contracts at EU, national or public authority level;

| 77. | Notes that CSR policies must be respected not only by the main company or contractor but also by any sub-contractors or supply chains which it may use, whether in the supply of goods, workers or services and whether based in the EU or in a third country, thereby ensuring a level playing field based on fair pay and decent working conditions, and guaranteeing trade union rights and freedoms; |
| --- | --- |

77.

Notes that CSR policies must be respected not only by the main company or contractor but also by any sub-contractors or supply chains which it may use, whether in the supply of goods, workers or services and whether based in the EU or in a third country, thereby ensuring a level playing field based on fair pay and decent working conditions, and guaranteeing trade union rights and freedoms;

| 78. | Endorses the Commission's Directive on minimum standards for victims and calls for the CSR policies of companies in the relevant sectors (such as travel, insurance, accommodation and telecommunications) to include positive and practical strategies and structures to support victims of crime and their families during a crisis, and to set up specific policies for any employee who becomes a victim of crime, whether in the workplace or outside; |
| --- | --- |

78.

Endorses the Commission's Directive on minimum standards for victims and calls for the CSR policies of companies in the relevant sectors (such as travel, insurance, accommodation and telecommunications) to include positive and practical strategies and structures to support victims of crime and their families during a crisis, and to set up specific policies for any employee who becomes a victim of crime, whether in the workplace or outside;

| 79. | Agrees that there cannot be a ‘one size fits all’ approach to CSR but recognises that the profusion of various CSR initiatives, although demonstrating awareness of the importance of CSR policies, can generate additional costs, be a barrier to implementation and undermine trust and fairness; believes that there must be sufficient flexibility when implementing CSR guidelines to cater for the specific requirements of each Member State and region, with particular regard to the capacities of SMEs; welcomes, however, the Commission's active cooperation with the participation of Parliament and the Council together with other international bodies to achieve a fundamental convergence of CSR initiatives in the long term and the exchange and promotion of good corporate practice regarding CSR, as well as to push forward the guidelines found in the International Standard ISO 26000 so as to ensure a single global, coherent and transparent definition of CSR; urges the Commission to contribute effectively to the guidance and coordination of EU Member State policies, thereby minimising the risk of additional costs being incurred by businesses operating in more than one Member State as a result of divergent provisions; |
| --- | --- |

79.

Agrees that there cannot be a ‘one size fits all’ approach to CSR but recognises that the profusion of various CSR initiatives, although demonstrating awareness of the importance of CSR policies, can generate additional costs, be a barrier to implementation and undermine trust and fairness; believes that there must be sufficient flexibility when implementing CSR guidelines to cater for the specific requirements of each Member State and region, with particular regard to the capacities of SMEs; welcomes, however, the Commission's active cooperation with the participation of Parliament and the Council together with other international bodies to achieve a fundamental convergence of CSR initiatives in the long term and the exchange and promotion of good corporate practice regarding CSR, as well as to push forward the guidelines found in the International Standard ISO 26000 so as to ensure a single global, coherent and transparent definition of CSR; urges the Commission to contribute effectively to the guidance and coordination of EU Member State policies, thereby minimising the risk of additional costs being incurred by businesses operating in more than one Member State as a result of divergent provisions;

| 80. | Believes that the notion that CSR is a ‘luxury good’ supported by business only in times of prosperity has been decisively refuted by the continuing high levels of business engagement with CSR; believes that this was an old-fashioned assumption which ignores the importance of reputation and also of the level of external risk to modern business profitability; calls for all European policy-makers themselves to integrate CSR at all levels of economic policy, including reinforcing CSR within the Europe 2020 Strategy; |
| --- | --- |

80.

Believes that the notion that CSR is a ‘luxury good’ supported by business only in times of prosperity has been decisively refuted by the continuing high levels of business engagement with CSR; believes that this was an old-fashioned assumption which ignores the importance of reputation and also of the level of external risk to modern business profitability; calls for all European policy-makers themselves to integrate CSR at all levels of economic policy, including reinforcing CSR within the Europe 2020 Strategy;

| 81. | Stresses that CSR should apply to the entire global supply chain, including all levels of subcontracting, and that it should include provisions, whether in the supply of goods, workers or services, to extend protection to migrant, agency and posted workers and that it should be based on fair pay and decent working conditions and guarantee trade union rights and freedoms; takes the view that the concept of Responsible Supply Chain Management needs to be further elaborated as a mechanism for delivering CSR; |
| --- | --- |

81.

Stresses that CSR should apply to the entire global supply chain, including all levels of subcontracting, and that it should include provisions, whether in the supply of goods, workers or services, to extend protection to migrant, agency and posted workers and that it should be based on fair pay and decent working conditions and guarantee trade union rights and freedoms; takes the view that the concept of Responsible Supply Chain Management needs to be further elaborated as a mechanism for delivering CSR;

| 82. | Commends the work being undertaken in some business schools to promote CSR but recognises that they are only a minority; calls on the High-Level Group and the Member States, in cooperation with the Commission and, as appropriate, with universities, to address ways of mainstreaming CSR, responsible management and responsible citizenship in education and vocational training on management for all future business leaders, so that it will become a keystone in strategic corporate governance and so as to foster awareness of sustainable consumption; believes that this could include children involved in young entrepreneurship schemes; calls on the Commission to provide further financial support for education and training projects on CSR under the EU Lifelong Learning and Youth in Action programmes; |
| --- | --- |

82.

Commends the work being undertaken in some business schools to promote CSR but recognises that they are only a minority; calls on the High-Level Group and the Member States, in cooperation with the Commission and, as appropriate, with universities, to address ways of mainstreaming CSR, responsible management and responsible citizenship in education and vocational training on management for all future business leaders, so that it will become a keystone in strategic corporate governance and so as to foster awareness of sustainable consumption; believes that this could include children involved in young entrepreneurship schemes; calls on the Commission to provide further financial support for education and training projects on CSR under the EU Lifelong Learning and Youth in Action programmes;

| 83. | Reiterates that CSR should be applicable to all enterprises so as to create a fair and level playing field; however, points out that the way in which extractive industries operate in developing countries requires a move beyond a voluntary approach; stresses that investment by the petroleum industry in Nigeria is a good example of the limitations of CSR as currently implemented, where companies have failed to take CSR initiatives to create sustainable business practices or contribute to the development of their host states; strongly supports the legislative proposal for country-by-country reporting founded on the standards of the Extractive Industries Transparency Initiative (EITI) and reporting on sales and profits, as well as taxes and revenues, in order to discourage corruption and prevent tax avoidance; calls on the European extractive industries operating in developing countries to set an example of social responsibility and the promotion of decent work; |
| --- | --- |

83.

Reiterates that CSR should be applicable to all enterprises so as to create a fair and level playing field; however, points out that the way in which extractive industries operate in developing countries requires a move beyond a voluntary approach; stresses that investment by the petroleum industry in Nigeria is a good example of the limitations of CSR as currently implemented, where companies have failed to take CSR initiatives to create sustainable business practices or contribute to the development of their host states; strongly supports the legislative proposal for country-by-country reporting founded on the standards of the Extractive Industries Transparency Initiative (EITI) and reporting on sales and profits, as well as taxes and revenues, in order to discourage corruption and prevent tax avoidance; calls on the European extractive industries operating in developing countries to set an example of social responsibility and the promotion of decent work;

| 84. | Calls for human rights and supply chain due diligence standards at EU level which, among other things, meet the requirements laid down in the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas and address, among other issues, areas with significant potential negative or positive impact on human rights such as global and local supply chains, conflict minerals, outsourcing, land grabbing and regions where labour law and workers’ protection are insufficient or where products that are dangerous for the environment and health are produced; welcomes the programmes already set up by the EU, in particular the Forest Law Enforcement, Government and Trade (FLEGT) programmes in the field of forestry, and supports private initiatives such as the Extractive Industries Transparency Initiative (EITI); |
| --- | --- |

84.

Calls for human rights and supply chain due diligence standards at EU level which, among other things, meet the requirements laid down in the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas and address, among other issues, areas with significant potential negative or positive impact on human rights such as global and local supply chains, conflict minerals, outsourcing, land grabbing and regions where labour law and workers’ protection are insufficient or where products that are dangerous for the environment and health are produced; welcomes the programmes already set up by the EU, in particular the Forest Law Enforcement, Government and Trade (FLEGT) programmes in the field of forestry, and supports private initiatives such as the Extractive Industries Transparency Initiative (EITI);

| 85. | Calls on the Commission to take further initiatives that aim to unlock and strengthen the potential of CSR in tackling climate change (by linking it to resource and energy efficiency), e.g. in the processes companies use to purchase raw materials; |
| --- | --- |

85.

Calls on the Commission to take further initiatives that aim to unlock and strengthen the potential of CSR in tackling climate change (by linking it to resource and energy efficiency), e.g. in the processes companies use to purchase raw materials;

| 86. | Stresses that EU assistance to third-country governments in implementing social and environmental regulation and effective inspection regimes is a necessary complement to advancing the CSR of European business worldwide; |
| --- | --- |

86.

Stresses that EU assistance to third-country governments in implementing social and environmental regulation and effective inspection regimes is a necessary complement to advancing the CSR of European business worldwide;

| 87. | Suggests that the Member State governments call on the EIB to include a CSR clause in its operations; |
| --- | --- |

87.

Suggests that the Member State governments call on the EIB to include a CSR clause in its operations;

| 88. | Calls on the Commission to promote CSR in multilateral forums by supporting enhanced cooperation between the WTO and other multilateral forums dealing with CSR, such as the ILO and the OECD; |
| --- | --- |

88.

Calls on the Commission to promote CSR in multilateral forums by supporting enhanced cooperation between the WTO and other multilateral forums dealing with CSR, such as the ILO and the OECD;

| 89. | Calls for a system of transnational legal cooperation to be set up between the EU and third-country signatories to bilateral trade agreements in order to ensure that victims of breaches of social or environmental legislation, or of failures to honour CSR undertakings, by multinationals and their immediate subsidiaries have effective access to justice in the country where the breach took place and in support of the establishment of international judicial procedures to ensure, where necessary, that breaches of the law by companies are punished; |
| --- | --- |

89.

Calls for a system of transnational legal cooperation to be set up between the EU and third-country signatories to bilateral trade agreements in order to ensure that victims of breaches of social or environmental legislation, or of failures to honour CSR undertakings, by multinationals and their immediate subsidiaries have effective access to justice in the country where the breach took place and in support of the establishment of international judicial procedures to ensure, where necessary, that breaches of the law by companies are punished;

| 90. | Calls for assessments of the human rights impact of new technologies to be made as early in the research and development phase as possible and calls for such assessments to include scenario studies and considerations of identifying standards for incorporating human rights into the design (‘Human Rights by Design’); |
| --- | --- |

90.

Calls for assessments of the human rights impact of new technologies to be made as early in the research and development phase as possible and calls for such assessments to include scenario studies and considerations of identifying standards for incorporating human rights into the design (‘Human Rights by Design’);

| 91. | Notes that CSR is a mechanism which allows employers to support their workers and local communities in developing countries, that respect for CSR and labour standards enables such countries to benefit from further international trade, and that CSR can ensure that gains are shared equitably in order to develop sustainable economic and social prosperity and to lift more people out of poverty, especially in times of financial crisis. |
| --- | --- |

91.

Notes that CSR is a mechanism which allows employers to support their workers and local communities in developing countries, that respect for CSR and labour standards enables such countries to benefit from further international trade, and that CSR can ensure that gains are shared equitably in order to develop sustainable economic and social prosperity and to lift more people out of poverty, especially in times of financial crisis.

| 92. | Encourages the EU to play an active role in raising awareness of the contribution enterprises can give to society through CSR in the field of culture, education, sport and youth; |
| --- | --- |

92.

Encourages the EU to play an active role in raising awareness of the contribution enterprises can give to society through CSR in the field of culture, education, sport and youth;

| 93. | Encourages media companies to include transparent journalism standards in their CSR policies, including guarantees of source protection and the rights of whistle blowers; |
| --- | --- |

93.

Encourages media companies to include transparent journalism standards in their CSR policies, including guarantees of source protection and the rights of whistle blowers;

| 94. | Calls on the Commission to safeguard established, well-functioning CSR initiatives by introducing a CSR Test to assess the impact of forthcoming legislative and administrative initiatives on CSR measures and take relevant results into account when designing proposals; |
| --- | --- |

94.

Calls on the Commission to safeguard established, well-functioning CSR initiatives by introducing a CSR Test to assess the impact of forthcoming legislative and administrative initiatives on CSR measures and take relevant results into account when designing proposals;

| 95. | Welcomes, for the sake of sustainability, obligations imposed on market operators and calls on the Commission to monitor and evaluate CSR initiatives; |
| --- | --- |

95.

Welcomes, for the sake of sustainability, obligations imposed on market operators and calls on the Commission to monitor and evaluate CSR initiatives;

o

o o

| 96. | Instructs its President to forward this resolution to the Council and the Commission, and to the governments and parliaments of the Member States. |
| --- | --- |

96.

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

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(1)  http://www.business-humanrights.org/SpecialRepPortal/Home/ProtectRespect-Remedy-Framework and http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/EN/foraff/111819.pdf

(2)  http://ec.europa.eu/enterprise/policies/sustainable-business/files/business-human-rights/101025_ec_study_final_report_en.pdf

(3)  Texts adopted, P7_TA(2012)0126.

(4)  http://www.atkearney.com/documents/10192/6972076a-9cdc-4b20-bc3a-d2a4c43c9c21

(5)  OJ L 134, 30.4.2004, p. 114.

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

(7)  OJ C 86, 10.4.2002, p. 3.

(8)  OJ C 39, 18.2.2003, p. 3.

(9)  OJ C 187 E, 7.8.2003, p. 180.

(10)  OJ C 67 E, 17.3.2004, p. 73.

(11)  OJ C 301 E, 13.12.2007, p. 45.

(12)  OJ C 99 E, 3.4.2012, p. 101.

(13)  OJ C 236 E, 12.8.2011, p. 57.

(14)  Texts adopted, P7_TA(2012)0429.

(15)  OJ C 229, 31.7.2012, p. 77.

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Thursday 7 February 2013

| 22.1.2016 | EN | Official Journal of the European Union | C 24/49 |
| --- | --- | --- | --- |

22.1.2016

EN

Official Journal of the European Union

C 24/49

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P7_TA(2013)0052

European Semester for economic policy coordination: annual growth survey 2013

European Parliament resolution of 7 February 2013 on the European Semester for Economic Policy Coordination: Annual Growth Survey 2013 (2012/2256(INI))

(2016/C 024/08)

The European Parliament,

| — | having regard to Article 225 of the Treaty on the Functioning of the European Union, and in particular Articles 9 and 151 and Article 153(1)(e) thereof, |
| --- | --- |

—

having regard to Article 225 of the Treaty on the Functioning of the European Union, and in particular Articles 9 and 151 and Article 153(1)(e) thereof,

| — | having regard to the conclusions of the European Council of 28—29 June 2012, |
| --- | --- |

—

having regard to the conclusions of the European Council of 28—29 June 2012,

| — | having regard to the Treaty on the Functioning of the European Union, and in particular Article 136 in combination with Article 121(2) thereof, |
| --- | --- |

—

having regard to the Treaty on the Functioning of the European Union, and in particular Article 136 in combination with Article 121(2) thereof,

| — | having regard to the Communication from the Commission of 28 November 2012 on the Annual Growth Survey 2013 (COM(2012)0750), |
| --- | --- |

—

having regard to the Communication from the Commission of 28 November 2012 on the Annual Growth Survey 2013 (COM(2012)0750),

| — | 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 Economic and Monetary Affairs and the opinions of the Committee on Budgets, the Committee on Regional Development and the Committee on Constitutional Affairs (A7-0032/2013), |
| --- | --- |

—

having regard to the report of the Committee on Economic and Monetary Affairs and the opinions of the Committee on Budgets, the Committee on Regional Development and the Committee on Constitutional Affairs (A7-0032/2013),

| A. | whereas the Euro area as a whole is experiencing a double-dip recession caused by excessive debt and the financial crisis; |
| --- | --- |

A.

whereas the Euro area as a whole is experiencing a double-dip recession caused by excessive debt and the financial crisis;

| B. | whereas the crisis has had devastating consequences for the lives of millions of Europeans, as documented by official statistics on employment: in the EU, over 8 million people have already lost their job since 2008; more than 25 million Europeans are currently out of work, of whom almost 11 million have been unemployed for over a year; unemployment is currently affecting nearly 10 million young people; in the past year alone, 2 million people lost their job; |
| --- | --- |

B.

whereas the crisis has had devastating consequences for the lives of millions of Europeans, as documented by official statistics on employment: in the EU, over 8 million people have already lost their job since 2008; more than 25 million Europeans are currently out of work, of whom almost 11 million have been unemployed for over a year; unemployment is currently affecting nearly 10 million young people; in the past year alone, 2 million people lost their job;

| C. | whereas the rigidity of labour market regulation in several Member States lacks the flexibility to effectively absorb shocks such as the current crisis; whereas current labour market legislation disproportionally protects insiders and adversely affects the inclusion of young people into the workforce; |
| --- | --- |

C.

whereas the rigidity of labour market regulation in several Member States lacks the flexibility to effectively absorb shocks such as the current crisis; whereas current labour market legislation disproportionally protects insiders and adversely affects the inclusion of young people into the workforce;

| D. | whereas the disparity in the unemployment rates between the Member States has grown dramatically; |
| --- | --- |

D.

whereas the disparity in the unemployment rates between the Member States has grown dramatically;

| E. | whereas it should be recalled that, in 2007, at the start of the crisis, the average public deficit for the euro area stood at only 0,7 %; |
| --- | --- |

E.

whereas it should be recalled that, in 2007, at the start of the crisis, the average public deficit for the euro area stood at only 0,7 %;

| F. | whereas it should be recalled that, in 2007, at the start of the crisis, some of the countries which now experience the severest difficulties, had accumulated excessive current account deficits; |
| --- | --- |

F.

whereas it should be recalled that, in 2007, at the start of the crisis, some of the countries which now experience the severest difficulties, had accumulated excessive current account deficits;

| G. | whereas the average public deficit for the euro area peaked in 2009 at 6,3 % and since then the trend has been reversed with average public deficits in 2010 at 6,2 %, in 2011 at 4,1 % and a further decrease in the first two quarters of 2012; |
| --- | --- |

G.

whereas the average public deficit for the euro area peaked in 2009 at 6,3 % and since then the trend has been reversed with average public deficits in 2010 at 6,2 %, in 2011 at 4,1 % and a further decrease in the first two quarters of 2012;

| H. | whereas credible commitments to growth-friendly consolidation measures are a prerequisite for any sustainable solution of the excessive debt and deficit situation of most of the Member States; |
| --- | --- |

H.

whereas credible commitments to growth-friendly consolidation measures are a prerequisite for any sustainable solution of the excessive debt and deficit situation of most of the Member States;

| I. | whereas the crisis underlines the crucial need to launch or complete balanced, differentiated and sustainable growth enhancing structural reforms;; |
| --- | --- |

I.

whereas the crisis underlines the crucial need to launch or complete balanced, differentiated and sustainable growth enhancing structural reforms;;

| J. | whereas the Single Market is a key driver for economic growth and jobs in Europe and whereas a more ambitious implementation of the Services Directive alone could provide already an estimated additional 1,8 % of GDP; whereas under the current economic circumstances, in particular, the Union cannot afford to leave such immediate growth potentials untapped; whereas a stringent transposition, implementation, application and enforcement of Single Market provisions are therefore indispensable to benefit from yet those unused and immediate potentials; |
| --- | --- |

J.

whereas the Single Market is a key driver for economic growth and jobs in Europe and whereas a more ambitious implementation of the Services Directive alone could provide already an estimated additional 1,8 % of GDP; whereas under the current economic circumstances, in particular, the Union cannot afford to leave such immediate growth potentials untapped; whereas a stringent transposition, implementation, application and enforcement of Single Market provisions are therefore indispensable to benefit from yet those unused and immediate potentials;

| K. | whereas unsustainable debt levels have detrimental effects on the overall economic situation; whereas fiscal and macroeconomic discipline as well as coordination must be forcefully upheld and enhanced in order to prevent overall deficits and debt levels of the kind seen in Europe during the last decade from emerging, as these have had a disastrous effect regarding sustainable growth and financial stability as well as on employment in a number of Member States; |
| --- | --- |

K.

whereas unsustainable debt levels have detrimental effects on the overall economic situation; whereas fiscal and macroeconomic discipline as well as coordination must be forcefully upheld and enhanced in order to prevent overall deficits and debt levels of the kind seen in Europe during the last decade from emerging, as these have had a disastrous effect regarding sustainable growth and financial stability as well as on employment in a number of Member States;

| L. | whereas this fiscal tightening strategy aims at keeping public expenditure growth below the rate of growth of medium-term trend GDP; |
| --- | --- |

L.

whereas this fiscal tightening strategy aims at keeping public expenditure growth below the rate of growth of medium-term trend GDP;

| M. | whereas Europe's future economic prosperity depends crucially on its ability to fully utilise its labour resources, also by increasing the participation of women and young people in the labour market; |
| --- | --- |

M.

whereas Europe's future economic prosperity depends crucially on its ability to fully utilise its labour resources, also by increasing the participation of women and young people in the labour market;

| N. | whereas gradual and smooth fiscal consolidation is preferable to a strategy of reducing public finance imbalances rapidly and abruptly but the state of the economy of some Member States does not leave an alternative to regain market access and see investment return; |
| --- | --- |

N.

whereas gradual and smooth fiscal consolidation is preferable to a strategy of reducing public finance imbalances rapidly and abruptly but the state of the economy of some Member States does not leave an alternative to regain market access and see investment return;

| O. | whereas HICP rates show significant differences across the EMU; |
| --- | --- |

O.

whereas HICP rates show significant differences across the EMU;

| P. | whereas consolidation measures adopted by several Member States have reached an unprecedented dimension; |
| --- | --- |

P.

whereas consolidation measures adopted by several Member States have reached an unprecedented dimension;

| Q. | whereas, despite Member States' reform and consolidation efforts, eurozone sovereign bond markets remain in distress, as reflected in high spreads and interest rate volatility; whereas one of the immediate triggers and root causes of the unprecedented divergences were financial markets' concerns about the solidity of public and private finances in several Member States; |
| --- | --- |

Q.

whereas, despite Member States' reform and consolidation efforts, eurozone sovereign bond markets remain in distress, as reflected in high spreads and interest rate volatility; whereas one of the immediate triggers and root causes of the unprecedented divergences were financial markets' concerns about the solidity of public and private finances in several Member States;

| R. | whereas the competitiveness gap within the euro area has an impact on the divergences of sovereign interest rates; |
| --- | --- |

R.

whereas the competitiveness gap within the euro area has an impact on the divergences of sovereign interest rates;

| S. | whereas high sovereign interest rates in certain euro area Member States are partially due to a perceived lack of credibility of their capacity of to conduct structural reforms; |
| --- | --- |

S.

whereas high sovereign interest rates in certain euro area Member States are partially due to a perceived lack of credibility of their capacity of to conduct structural reforms;

| T. | whereas the euro area has failed to use the overall reduction of sovereign interest rates in the first ten years of the euro to close the competitiveness gap, which amongst others has been reflected in persistently large current account deficits and rapidly increasing unit labour costs in some Member States; |
| --- | --- |

T.

whereas the euro area has failed to use the overall reduction of sovereign interest rates in the first ten years of the euro to close the competitiveness gap, which amongst others has been reflected in persistently large current account deficits and rapidly increasing unit labour costs in some Member States;

| U. | whereas current adjustment in certain countries would be politically, economically and socially less difficult if the positive economic climate in the first ten years of the euro had been used to adjust; |
| --- | --- |

U.

whereas current adjustment in certain countries would be politically, economically and socially less difficult if the positive economic climate in the first ten years of the euro had been used to adjust;

| V. | whereas lending to the private sector, which is key to financing the real economy, remains weak and private credit flows are subdued in several Member States, despite the various liquidity programmes established by the ECB; |
| --- | --- |

V.

whereas lending to the private sector, which is key to financing the real economy, remains weak and private credit flows are subdued in several Member States, despite the various liquidity programmes established by the ECB;

| W. | whereas Small and Medium-sized Enterprises (SME) are the engine of the European economy and Member States should support them by reducing the administrative burden they are facing; |
| --- | --- |

W.

whereas Small and Medium-sized Enterprises (SME) are the engine of the European economy and Member States should support them by reducing the administrative burden they are facing;

| X. | whereas adjustment has to be perceived as credible if investment flows are to return; |
| --- | --- |

X.

whereas adjustment has to be perceived as credible if investment flows are to return;

| Y. | whereas the contributing capacity of taxpayers is put under severe strain in several Member States; whereas the European shadow economy is estimated to represent 22,1 % of total economic activity and the resulting loss of tax to be around EUR one trillion each year; whereas simple, predictable and low tax systems improve tax compliance; |
| --- | --- |

Y.

whereas the contributing capacity of taxpayers is put under severe strain in several Member States; whereas the European shadow economy is estimated to represent 22,1 % of total economic activity and the resulting loss of tax to be around EUR one trillion each year; whereas simple, predictable and low tax systems improve tax compliance;

| Z. | whereas the 2013 Annual Growth Survey (AGS 2013) seeks to set out the economic priorities for 2013; |
| --- | --- |

Z.

whereas the 2013 Annual Growth Survey (AGS 2013) seeks to set out the economic priorities for 2013;

| AA. | whereas the growth-friendly fiscal consolidation pillar should be developed hand in hand with growth-enhancing structural reforms and the solidarity and democracy pillars in each Member State; |
| --- | --- |

AA.

whereas the growth-friendly fiscal consolidation pillar should be developed hand in hand with growth-enhancing structural reforms and the solidarity and democracy pillars in each Member State;

| AB. | whereas the Single Market is the EU's key engine for growth and jobs through economies of scale and greater competition but Member States show complacency in implementing internal market legislation, particularly the services directive; |
| --- | --- |

AB.

whereas the Single Market is the EU's key engine for growth and jobs through economies of scale and greater competition but Member States show complacency in implementing internal market legislation, particularly the services directive;

| AC. | whereas each Member State needs to find national unity over a reform strategy so that it may be understood and adhered to by the people and different economic actors, thus avoiding divisions, resistance and actions based on only short-term self-interest, which threaten the achievement of set targets; |
| --- | --- |

AC.

whereas each Member State needs to find national unity over a reform strategy so that it may be understood and adhered to by the people and different economic actors, thus avoiding divisions, resistance and actions based on only short-term self-interest, which threaten the achievement of set targets;

| AD. | whereas competition policy based on the principles of open markets and a level playing field in all sectors is a cornerstone of the unrestricted functioning of the internal market; |
| --- | --- |

AD.

whereas competition policy based on the principles of open markets and a level playing field in all sectors is a cornerstone of the unrestricted functioning of the internal market;

| 1. | Welcomes the spirit of the Annual Growth Survey (AGS) 2013 as presented by the Commission; believes that it is an adequate follow up to the European Semester 2012 in general and the AGS 2012 in specific; welcomes in particular the increased clarity in country-specific strategies that the Commission has introduced by prioritizing progress in the euro area countries as well as progress in structural terms rather than nominal terms; |
| --- | --- |

1.

Welcomes the spirit of the Annual Growth Survey (AGS) 2013 as presented by the Commission; believes that it is an adequate follow up to the European Semester 2012 in general and the AGS 2012 in specific; welcomes in particular the increased clarity in country-specific strategies that the Commission has introduced by prioritizing progress in the euro area countries as well as progress in structural terms rather than nominal terms;

| 2. | Welcomes the recognition in the AGS 2013 that sustainable growth enhancing and green job rich sectors and activities are necessary in order to exit the crisis, stresses that the solutions specifically targeting the current sovereign and financial crisis, namely the appropriate structural reforms, should go hand-in-hand with measures that boost long-term competitiveness and growth of the European economy and regain confidence; |
| --- | --- |

2.

Welcomes the recognition in the AGS 2013 that sustainable growth enhancing and green job rich sectors and activities are necessary in order to exit the crisis, stresses that the solutions specifically targeting the current sovereign and financial crisis, namely the appropriate structural reforms, should go hand-in-hand with measures that boost long-term competitiveness and growth of the European economy and regain confidence;

| 3. | Agrees with the Commission that growth-friendly fiscal consolidation is necessary in order to exit the crisis; recalls that the key element in the relationship between growth and consolidation is the composition of consolidation; stresses in this respect that the appropriate mix of expenditure and revenue side measures is context dependent, however consolidations based on cutting unproductive expenditure rather than on increasing revenue tend to be more lasting and more growth-enhancing in the medium term, but more recessive in the short term; |
| --- | --- |

3.

Agrees with the Commission that growth-friendly fiscal consolidation is necessary in order to exit the crisis; recalls that the key element in the relationship between growth and consolidation is the composition of consolidation; stresses in this respect that the appropriate mix of expenditure and revenue side measures is context dependent, however consolidations based on cutting unproductive expenditure rather than on increasing revenue tend to be more lasting and more growth-enhancing in the medium term, but more recessive in the short term;

| 4. | Welcomes the draft provision in the ‘two pack’ regarding a more qualitative surveilance and assessment of public finances as well as cost-benefits assessments of public investments; |
| --- | --- |

4.

Welcomes the draft provision in the ‘two pack’ regarding a more qualitative surveilance and assessment of public finances as well as cost-benefits assessments of public investments;

| 5. | Welcomes the draft provisions in the two pack enhancing the economic dialogue and the overall scrutiny on the Semester process of National Parliaments and the European Parliament; |
| --- | --- |

5.

Welcomes the draft provisions in the two pack enhancing the economic dialogue and the overall scrutiny on the Semester process of National Parliaments and the European Parliament;

| 6. | Deplores the lack of implementation in the Member States of policies and actions agreed at the EU level, which prevent the agreed measures from unleashing their full potential; |
| --- | --- |

6.

Deplores the lack of implementation in the Member States of policies and actions agreed at the EU level, which prevent the agreed measures from unleashing their full potential;

| 7. | Calls on the Commission to remain vigilant about its policy stance and adjust it according to an overall cost-benefit assessment of the policy-mix implemented across the Union, and to revise if appropriate and further clarify its policy recommendations for next year, as contained in its AGS; |
| --- | --- |

7.

Calls on the Commission to remain vigilant about its policy stance and adjust it according to an overall cost-benefit assessment of the policy-mix implemented across the Union, and to revise if appropriate and further clarify its policy recommendations for next year, as contained in its AGS;

| 8. | Urges Member States to correct excessive deficits by the deadlines set by the Council, reminds that a level of flexibility is foreseen in the 6-pack; |
| --- | --- |

8.

Urges Member States to correct excessive deficits by the deadlines set by the Council, reminds that a level of flexibility is foreseen in the 6-pack;

| 9. | Encourages the Member States to improve their domestic fiscal frameworks with a view to promoting efficient and sustainable fiscal policies; |
| --- | --- |

9.

Encourages the Member States to improve their domestic fiscal frameworks with a view to promoting efficient and sustainable fiscal policies;

| 10. | Underlines the fact that Member States should pursue differentiated strategies according to their budgetary situations and insists that Member States must keep their public expenditure growth below the rate of medium-term trend GDP growth; |
| --- | --- |

10.

Underlines the fact that Member States should pursue differentiated strategies according to their budgetary situations and insists that Member States must keep their public expenditure growth below the rate of medium-term trend GDP growth;

| 11. | Welcomes the recognition of the role of the single market and the necessity to tackle the many barriers still in place in the services sector; reminds that there is still a lot to do to achieve a truly single European market; |
| --- | --- |

11.

Welcomes the recognition of the role of the single market and the necessity to tackle the many barriers still in place in the services sector; reminds that there is still a lot to do to achieve a truly single European market;

| 12. | Calls on the Commission to monitor the situation the Member States’ are facing in the light of the severe economic downturn as set out in the revised SGP; |
| --- | --- |

12.

Calls on the Commission to monitor the situation the Member States’ are facing in the light of the severe economic downturn as set out in the revised SGP;

| 13. | Calls on the Commission and the Council to balance productive private and public investment needs with fiscal consolidation objectives by assessing carefully growth enhancing investment programmes in its assessment of Stability and Convergence Programmes, while fully respecting the provisions laid down in EU law; considers that growth-friendly fiscal consolidation can simultaneously put public finances on a sustainable path and restore the confidence of investors; |
| --- | --- |

13.

Calls on the Commission and the Council to balance productive private and public investment needs with fiscal consolidation objectives by assessing carefully growth enhancing investment programmes in its assessment of Stability and Convergence Programmes, while fully respecting the provisions laid down in EU law; considers that growth-friendly fiscal consolidation can simultaneously put public finances on a sustainable path and restore the confidence of investors;

| 14. | Looks forward in that respect to the Commission report on the quality of public spending and the review of the scope for possible action within the boundaries of the EU framework regarding the qualification of investment programmes; |
| --- | --- |

14.

Looks forward in that respect to the Commission report on the quality of public spending and the review of the scope for possible action within the boundaries of the EU framework regarding the qualification of investment programmes;

| 15. | Calls on the Commission to start developing as a matter of urgency ways to ensure that elements of sustainable fiscal discipline are in parallel followed up with concrete proposals on growth and jobs and encouraging private investments that create elements of growth, solidarity among Member States and democratic legitimacy, and the needed structural reforms, namely to reduce youth unemployment including by better matching the qualifications of young people to labour demand, combat labour market segmentation, improve the sustainability of pension systems, increase the efficiency of taxation systems, enhance competition in the relevant areas of the services sector, facilitate credit access, cut red tape, remove unnecessary layers of government and combat tax evasion; welcomes the enhanced democratic legitimacy within the European Semester; recalls the necessity to further enhance democratic legitimacy within the European Semester; |
| --- | --- |

15.

Calls on the Commission to start developing as a matter of urgency ways to ensure that elements of sustainable fiscal discipline are in parallel followed up with concrete proposals on growth and jobs and encouraging private investments that create elements of growth, solidarity among Member States and democratic legitimacy, and the needed structural reforms, namely to reduce youth unemployment including by better matching the qualifications of young people to labour demand, combat labour market segmentation, improve the sustainability of pension systems, increase the efficiency of taxation systems, enhance competition in the relevant areas of the services sector, facilitate credit access, cut red tape, remove unnecessary layers of government and combat tax evasion; welcomes the enhanced democratic legitimacy within the European Semester; recalls the necessity to further enhance democratic legitimacy within the European Semester;

| 16. | Calls on the Commission and the Council to work on continually and adequately fine-tune and further improve the quality, the national specificity and the adequacy of the country-specific recommendations; |
| --- | --- |

16.

Calls on the Commission and the Council to work on continually and adequately fine-tune and further improve the quality, the national specificity and the adequacy of the country-specific recommendations;

| 17. | Reiterates that, in order to preserve the credibility of the Annual Growth Survey and of the entire Semester process, the Council must justify its reasons should it refuse to follow the Commission’s recommendations based on the Annual Growth Survey; welcomes the ‘comply or explain’ principle introduced by the ‘six pack’ regarding country-specific recommendations, according to which the Council is publicly accountable for any changes it introduces to the Commission’s proposals, and considers that this principle should be reinforced in practice; |
| --- | --- |

17.

Reiterates that, in order to preserve the credibility of the Annual Growth Survey and of the entire Semester process, the Council must justify its reasons should it refuse to follow the Commission’s recommendations based on the Annual Growth Survey; welcomes the ‘comply or explain’ principle introduced by the ‘six pack’ regarding country-specific recommendations, according to which the Council is publicly accountable for any changes it introduces to the Commission’s proposals, and considers that this principle should be reinforced in practice;

| 18. | Calls the Commission and the Council to ensure that investments in research, development and innovation are intensified and streamlined and the results are quickly turned by the public and private sectors in Europe into competitive advantage and increased productivity; |
| --- | --- |

18.

Calls the Commission and the Council to ensure that investments in research, development and innovation are intensified and streamlined and the results are quickly turned by the public and private sectors in Europe into competitive advantage and increased productivity;

| 19. | Calls the Commission and the Council to intensify efforts to reduce dependency on imports of energy and raw materials in order to create a more environmentally, economically and socially sustainable Europe; |
| --- | --- |

19.

Calls the Commission and the Council to intensify efforts to reduce dependency on imports of energy and raw materials in order to create a more environmentally, economically and socially sustainable Europe;

| 20. | Calls on the Member States to agree on a Multiannual Financial Framework (MFF) as a matter of urgency, ensuring that its role is reinforced as a source of much-needed long-term investment in sustainable growth enhancing and job rich sectors and activities; stresses the importance of the structure of the EU budgets, which should foster investment in value-added areas; |
| --- | --- |

20.

Calls on the Member States to agree on a Multiannual Financial Framework (MFF) as a matter of urgency, ensuring that its role is reinforced as a source of much-needed long-term investment in sustainable growth enhancing and job rich sectors and activities; stresses the importance of the structure of the EU budgets, which should foster investment in value-added areas;

| 21. | Calls on the Commission to come forward with a holistic approach to tackling sustainable growth towards the EU2020 objectives, which should include completing the internal market, increasing competition, a genuine European industrial policy, a robust and adequately targeted cohesion policy and the guarantee that Europe will use all its strength and influence in its external trade relations; calls on the Commission to fully exploit the sources of growth stemming from the attraction of FDI [foreign direct investment] and trade with third countries namely through deepening and expanding the Transatlantic economic relationship; such an agenda should encompass the related goals of renewing and opening the Transatlantic market, strengthening the ground rules of the international economic order, and extending the rule-based multilateral system to include new members and new areas of economic opportunities; calls also on the Commission to speed up the conclusion of ongoing free trade agreements; |
| --- | --- |

21.

Calls on the Commission to come forward with a holistic approach to tackling sustainable growth towards the EU2020 objectives, which should include completing the internal market, increasing competition, a genuine European industrial policy, a robust and adequately targeted cohesion policy and the guarantee that Europe will use all its strength and influence in its external trade relations; calls on the Commission to fully exploit the sources of growth stemming from the attraction of FDI [foreign direct investment] and trade with third countries namely through deepening and expanding the Transatlantic economic relationship; such an agenda should encompass the related goals of renewing and opening the Transatlantic market, strengthening the ground rules of the international economic order, and extending the rule-based multilateral system to include new members and new areas of economic opportunities; calls also on the Commission to speed up the conclusion of ongoing free trade agreements;

| 22. | Welcomes the recognition of the role of the Single Market and the necessity to tackle the many barriers still in place in the services sector; reminds that there is still a lot to do to achieve a truly single European market; calls on the Commission to step up enforcement of the implementation of internal market legislation; urges Member States to fully implement internal market legislation, particularly the Services Directive; |
| --- | --- |

22.

Welcomes the recognition of the role of the Single Market and the necessity to tackle the many barriers still in place in the services sector; reminds that there is still a lot to do to achieve a truly single European market; calls on the Commission to step up enforcement of the implementation of internal market legislation; urges Member States to fully implement internal market legislation, particularly the Services Directive;

| 23. | Welcomes the first report on the State of the Single Market Integration 2013 accompanying and complementing the Annual Growth Survey; emphasises that the Single Market plays a key role in restoring the competitiveness of the Union and thereby leveraging economic growth and jobs; calls on the Commission and Member States to adequately address related deficiencies in the country-specific recommendations and to strengthen the continuous and regular assessment of the implementation and enforcement of Single Market provisions for an improved economic growth; |
| --- | --- |

23.

Welcomes the first report on the State of the Single Market Integration 2013 accompanying and complementing the Annual Growth Survey; emphasises that the Single Market plays a key role in restoring the competitiveness of the Union and thereby leveraging economic growth and jobs; calls on the Commission and Member States to adequately address related deficiencies in the country-specific recommendations and to strengthen the continuous and regular assessment of the implementation and enforcement of Single Market provisions for an improved economic growth;

| 24. | Is worried by the fact that many Member States are falling behind in terms of productivity; insists on the role of structural reforms in tackling this problem; asks the Commission to report in its next Annual Growth Survey on the monitoring of capital and resource productivity developments; |
| --- | --- |

24.

Is worried by the fact that many Member States are falling behind in terms of productivity; insists on the role of structural reforms in tackling this problem; asks the Commission to report in its next Annual Growth Survey on the monitoring of capital and resource productivity developments;

| 25. | Underlines that strong enforcement of an EU competition policy based on the principles of open markets and a level playing field in all sectors is a cornerstone of a successful internal market and a precondition for the creation of sustainable and knowledge-based jobs; |
| --- | --- |

25.

Underlines that strong enforcement of an EU competition policy based on the principles of open markets and a level playing field in all sectors is a cornerstone of a successful internal market and a precondition for the creation of sustainable and knowledge-based jobs;

| 26. | Stresses that determined efforts by Member States to sustain public finances, at an appropriate pace, are needed but can only work if excessive macroeconomic imbalances are reduced; notes that these objectives can only be achieved simultaneously through growth in the eurozone as a whole; |
| --- | --- |

26.

Stresses that determined efforts by Member States to sustain public finances, at an appropriate pace, are needed but can only work if excessive macroeconomic imbalances are reduced; notes that these objectives can only be achieved simultaneously through growth in the eurozone as a whole;

| 27. | Takes note of the addition of a new indicator to the scoreboard for macroeconomic imbalances regarding the financial sector; deplores that the Commission did not respect the procedure foreseen in the Regulation (EU) No 1176/2011 according to which: ‘the Commission should closely cooperate with the European Parliament and the Council when drawing up the scoreboard and the set of macroeconomic and macrofinancial indicators for Member States’ and more specifically according to which ‘the Commission should present suggestions for comments to the competent committees of the European Parliament and of the Council on plans to establish and adjust the indicators and thresholds’; |
| --- | --- |

27.

Takes note of the addition of a new indicator to the scoreboard for macroeconomic imbalances regarding the financial sector; deplores that the Commission did not respect the procedure foreseen in the Regulation (EU) No 1176/2011 according to which: ‘the Commission should closely cooperate with the European Parliament and the Council when drawing up the scoreboard and the set of macroeconomic and macrofinancial indicators for Member States’ and more specifically according to which ‘the Commission should present suggestions for comments to the competent committees of the European Parliament and of the Council on plans to establish and adjust the indicators and thresholds’;

| 28. | Reminds the Commission that in order to build interinstitutional trust and a high quality economic dialogue it is of paramount importance to respect the procedure foreseen in Regulation (EU) No 1176/2011 more faithfully in the future; |
| --- | --- |

28.

Reminds the Commission that in order to build interinstitutional trust and a high quality economic dialogue it is of paramount importance to respect the procedure foreseen in Regulation (EU) No 1176/2011 more faithfully in the future;

| 29. | Calls on the Commission and the Council to act thoroughly and quickly in order to give real substance and effectiveness to the Compact for Growth and Jobs as agreed at the European Council of 28—29 June 2012; |
| --- | --- |

29.

Calls on the Commission and the Council to act thoroughly and quickly in order to give real substance and effectiveness to the Compact for Growth and Jobs as agreed at the European Council of 28—29 June 2012;

| 30. | Calls on a swift adoption of the so-called ‘2-pack’; |
| --- | --- |

30.

Calls on a swift adoption of the so-called ‘2-pack’;

| 31. | Takes note of the entry into force of Treaty on Stability, Coordination and Governance (Fiscal Compact); deems that the Fiscal Compact should be transposed into secondary Union legislation as soon as possible On the basis of an assessment of the experience with its implementation and in accordance with the TEU and the TFEU; |
| --- | --- |

31.

Takes note of the entry into force of Treaty on Stability, Coordination and Governance (Fiscal Compact); deems that the Fiscal Compact should be transposed into secondary Union legislation as soon as possible On the basis of an assessment of the experience with its implementation and in accordance with the TEU and the TFEU;

| 32. | Welcomes the Commission’s ‘Action Plan to strengthen the fight against tax fraud and tax evasion’, the recommendations on ‘measures intended to encourage third countries to apply minimum standards of good governance in tax matters’ and the recommendations on ‘aggressive tax planning’ adopted by the Commission on 6 December 2012; supports the proactive stance taken by the Commission and in particular by the Commissioner for Taxation, Customs, Anti-fraud, Audit and Statistics; calls on the Member States to follow up on Commission’s recommendations, take immediate and coordinated action against tax havens and aggressive tax planning and thus guarantee a fairer distribution of the fiscal effort and increased Member States’ revenue; |
| --- | --- |

32.

Welcomes the Commission’s ‘Action Plan to strengthen the fight against tax fraud and tax evasion’, the recommendations on ‘measures intended to encourage third countries to apply minimum standards of good governance in tax matters’ and the recommendations on ‘aggressive tax planning’ adopted by the Commission on 6 December 2012; supports the proactive stance taken by the Commission and in particular by the Commissioner for Taxation, Customs, Anti-fraud, Audit and Statistics; calls on the Member States to follow up on Commission’s recommendations, take immediate and coordinated action against tax havens and aggressive tax planning and thus guarantee a fairer distribution of the fiscal effort and increased Member States’ revenue;

| 33. | Considers positive that finally ‘all Member States recognise the importance of taking effective steps to fight tax evasion and fraud, also in times of budgetary constraints and of economic crisis’ as stated in the conclusions of the Economic and Monetary affairs Council of 13 November 2012; |
| --- | --- |

33.

Considers positive that finally ‘all Member States recognise the importance of taking effective steps to fight tax evasion and fraud, also in times of budgetary constraints and of economic crisis’ as stated in the conclusions of the Economic and Monetary affairs Council of 13 November 2012;

| 34. | Remembers that the purpose of common legislation on Member States' fiscal frameworks is to make sure Member States stay committed to the rules commonly agreed upon and not to specify the policy choices of a Member State; |
| --- | --- |

34.

Remembers that the purpose of common legislation on Member States' fiscal frameworks is to make sure Member States stay committed to the rules commonly agreed upon and not to specify the policy choices of a Member State;

| 35. | Calls on the Commission to come to the competent committees of Parliament to present the AGS in the beginning of November each year, starting 4—5 November 2013, so as to allow sufficient time for Parliament to present its views in subsequent European Semesters; |
| --- | --- |

35.

Calls on the Commission to come to the competent committees of Parliament to present the AGS in the beginning of November each year, starting 4—5 November 2013, so as to allow sufficient time for Parliament to present its views in subsequent European Semesters;

| 36. | Regrets that, in its ‘Annual Growth Survey 2013’ Communication (COM(2012)0750), the Commission did not properly address the role of the EU budget in the European Semester process; regrets, in particular, that the EC, while proposing key priorities, failed to provide factual and concrete data on how the EU budget can actually play a triggering, catalytic, synergetic and complementary role in relation to local, regional and national policies and investments launched to implement these priorities; |
| --- | --- |

36.

Regrets that, in its ‘Annual Growth Survey 2013’ Communication (COM(2012)0750), the Commission did not properly address the role of the EU budget in the European Semester process; regrets, in particular, that the EC, while proposing key priorities, failed to provide factual and concrete data on how the EU budget can actually play a triggering, catalytic, synergetic and complementary role in relation to local, regional and national policies and investments launched to implement these priorities;

| 37. | Is convinced that funding at EU level can generate savings for all the Member States’ budgets and that this should be emphasised; considers that the EU budget has a vital role to play in stimulating growth, boosting job creation and successfully reducing macroeconomic imbalances throughout the Union, and basically also in reaching the ‘EU-2020 goals’; regrets once again that the Commission fails to address this issue in its Communication on the AGS; |
| --- | --- |

37.

Is convinced that funding at EU level can generate savings for all the Member States’ budgets and that this should be emphasised; considers that the EU budget has a vital role to play in stimulating growth, boosting job creation and successfully reducing macroeconomic imbalances throughout the Union, and basically also in reaching the ‘EU-2020 goals’; regrets once again that the Commission fails to address this issue in its Communication on the AGS;

| 38. | Acknowledges the Commission’s assessment that the levels of debt accumulated by public and private actors restrict the scope for new activities and investments in the Member States; calls, nevertheless, on the Member States neither to consider their national GNI contribution to the EU budget as an adjustment variable in their consolidation efforts, nor to seek to reduce artificially the volume of the EU budget’s growth enhancing expenditure, contrary to the political commitments they have made at the highest level; is, however, fully aware of the economic tension between the need to consolidate public finances in the short run and any potential increase for some Member States in their GNI-based contribution brought about by an increase in the level of payments in the EU budget; restates, therefore, its strong calls for reform of the financing arrangements for the EU budget — to be agreed in the framework of the 2014-2020 MFF negotiations — by reducing the share of Member States’ GNI-based contributions to the EU budget to 40 % by 2020, thereby contributing to their consolidation efforts (1); |
| --- | --- |

38.

Acknowledges the Commission’s assessment that the levels of debt accumulated by public and private actors restrict the scope for new activities and investments in the Member States; calls, nevertheless, on the Member States neither to consider their national GNI contribution to the EU budget as an adjustment variable in their consolidation efforts, nor to seek to reduce artificially the volume of the EU budget’s growth enhancing expenditure, contrary to the political commitments they have made at the highest level; is, however, fully aware of the economic tension between the need to consolidate public finances in the short run and any potential increase for some Member States in their GNI-based contribution brought about by an increase in the level of payments in the EU budget; restates, therefore, its strong calls for reform of the financing arrangements for the EU budget — to be agreed in the framework of the 2014-2020 MFF negotiations — by reducing the share of Member States’ GNI-based contributions to the EU budget to 40 % by 2020, thereby contributing to their consolidation efforts (1);

| 39. | Recalls that the European budget is primarily an investment budget, with 94 % of its total being reinvested in the Member States; |
| --- | --- |

39.

Recalls that the European budget is primarily an investment budget, with 94 % of its total being reinvested in the Member States;

| 40. | Requests the Commission to provide updated information on Member States’ current efforts to re-programme and accelerate the use of EU structural and cohesion funds in order to support growth and social cohesion, notably for SMEs, and to fight youth unemployment; |
| --- | --- |

40.

Requests the Commission to provide updated information on Member States’ current efforts to re-programme and accelerate the use of EU structural and cohesion funds in order to support growth and social cohesion, notably for SMEs, and to fight youth unemployment;

| 41. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

41.

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

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(1)  Texts adopted, P7_TA(2012)0245.

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| 22.1.2016 | EN | Official Journal of the European Union | C 24/55 |
| --- | --- | --- | --- |

22.1.2016

EN

Official Journal of the European Union

C 24/55

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P7_TA(2013)0053

European Semester for economic policy coordination: employment and social aspects in the annual growth survey 2013

European Parliament resolution of 7 February 2013 on the European Semester for economic policy coordination: employment and social aspects in the Annual Growth Survey 2013 (2012/2257(INI))

(2016/C 024/09)

The European Parliament,

| — | having regard to Article 3 of the Treaty on European Union (TEU), |
| --- | --- |

—

having regard to Article 3 of the Treaty on European Union (TEU),

| — | having regard to Articles 9, 151 and 153 of the Treaty on the Functioning of the European Union (TFEU), |
| --- | --- |

—

having regard to Articles 9, 151 and 153 of the Treaty on the Functioning of the European Union (TFEU),

| — | having regard to Articles 145, 148, 152 and 153(5) TFEU, |
| --- | --- |

—

having regard to Articles 145, 148, 152 and 153(5) TFEU,

| — | having regard to Article 28 of the Charter of Fundamental Rights of the European Union, |
| --- | --- |

—

having regard to Article 28 of the Charter of Fundamental Rights of the European Union,

| — | having regard to the Commission Communication of 28 November 2012 on the Annual Growth Survey 2013 (AGS) (COM(2012)0750), and the Draft Joint Employment Report annexed thereto, |
| --- | --- |

—

having regard to the Commission Communication of 28 November 2012 on the Annual Growth Survey 2013 (AGS) (COM(2012)0750), and the Draft Joint Employment Report annexed thereto,

| — | having regard to the Commission Communication of 23 November 2011 on the Annual Growth Survey 2012 (AGS) (COM(2011)0815), and the Draft Joint Employment Report annexed thereto, |
| --- | --- |

—

having regard to the Commission Communication of 23 November 2011 on the Annual Growth Survey 2012 (AGS) (COM(2011)0815), and the Draft Joint Employment Report annexed thereto,

| — | having regard to its resolution of 26 October 2012 on the European Semester for Economic Policy Coordination: implementation of 2012 priorities (1), |
| --- | --- |

—

having regard to its resolution of 26 October 2012 on the European Semester for Economic Policy Coordination: implementation of 2012 priorities (1),

| — | having regard to its resolution of 1 December 2011 on the European Semester for Economic Policy Coordination (2), |
| --- | --- |

—

having regard to its resolution of 1 December 2011 on the European Semester for Economic Policy Coordination (2),

| — | 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 its position of 8 September 2010 on the proposal for a Council decision on guidelines for the employment policies of the Member States: Part II of the Europe 2020 Integrated Guidelines (3), |
| --- | --- |

—

having regard to its position of 8 September 2010 on the proposal for a Council decision on guidelines for the employment policies of the Member States: Part II of the Europe 2020 Integrated Guidelines (3),

| — | having regard to Council Decision 2010/707/EU of 21 October 2010 on guidelines for the employment policies of the Member States (4), |
| --- | --- |

—

having regard to Council Decision 2010/707/EU of 21 October 2010 on guidelines for the employment policies of the Member States (4),

| — | having regard to the Commission Communication of 18 April 2012 entitled ‘Towards a job-rich recovery’ (COM(2012)0173), |
| --- | --- |

—

having regard to the Commission Communication of 18 April 2012 entitled ‘Towards a job-rich recovery’ (COM(2012)0173),

| — | having regard to Oral Question O-000120/2012 to the Commission and its related resolution of 14 June 2012 on ‘Towards a job-rich recovery’ (5), |
| --- | --- |

—

having regard to Oral Question O-000120/2012 to the Commission and its related resolution of 14 June 2012 on ‘Towards a job-rich recovery’ (5),

| — | having regard to the Commission Communication of 23 November 2010 entitled ‘An Agenda for new skills and jobs: A European contribution towards full employment’ (COM(2010)0682) (6), |
| --- | --- |

—

having regard to the Commission Communication of 23 November 2010 entitled ‘An Agenda for new skills and jobs: A European contribution towards full employment’ (COM(2010)0682) (6),

| — | having regard to its resolution of 26 October 2011 on the Agenda for New Skills and Jobs (7), |
| --- | --- |

—

having regard to its resolution of 26 October 2011 on the Agenda for New Skills and Jobs (7),

| — | having regard to the Commission communication of 16 December 2010 entitled ‘The European Platform against Poverty and Social Exclusion: A European framework for social and territorial cohesion’ (COM(2010)0758), |
| --- | --- |

—

having regard to the Commission communication of 16 December 2010 entitled ‘The European Platform against Poverty and Social Exclusion: A European framework for social and territorial cohesion’ (COM(2010)0758),

| — | having regard to its resolution of 15 November 2011 on the European Platform against Poverty and Social Exclusion (8), |
| --- | --- |

—

having regard to its resolution of 15 November 2011 on the European Platform against Poverty and Social Exclusion (8),

| — | having regard to Commission recommendation 2008/867/EC of 3 October 2008 on the active inclusion of people excluded from the labour market (9), |
| --- | --- |

—

having regard to Commission recommendation 2008/867/EC of 3 October 2008 on the active inclusion of people excluded from the labour market (9),

| — | having regard to the Commission Communication entitled ‘Youth Opportunities Initiative’ (COM(2011)0933), |
| --- | --- |

—

having regard to the Commission Communication entitled ‘Youth Opportunities Initiative’ (COM(2011)0933),

| — | having regard to Oral Question B7-0113/2012 to the Commission and its related resolution of 24 May 2012 on the Youth Opportunities Initiative (10), |
| --- | --- |

—

having regard to Oral Question B7-0113/2012 to the Commission and its related resolution of 24 May 2012 on the Youth Opportunities Initiative (10),

| — | 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 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 its resolution of 12 May 2011 on Youth on the Move: a framework for improving Europe’s education and training systems (11), |
| --- | --- |

—

having regard to its resolution of 12 May 2011 on Youth on the Move: a framework for improving Europe’s education and training systems (11),

| — | having regard to its resolution of 6 July 2010 on promoting youth access to the labour market, strengthening trainee, internship and apprenticeship status (12), |
| --- | --- |

—

having regard to its resolution of 6 July 2010 on promoting youth access to the labour market, strengthening trainee, internship and apprenticeship status (12),

| — | having regard to its resolution of 7 September 2010 on developing the job potential of a new sustainable economy (13), |
| --- | --- |

—

having regard to its resolution of 7 September 2010 on developing the job potential of a new sustainable economy (13),

| — | having regard to Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (14), |
| --- | --- |

—

having regard to Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (14),

| — | having regard to its resolution of 20 November 2012 on the Social Investment Pact — as a response to the crisis (15), |
| --- | --- |

—

having regard to its resolution of 20 November 2012 on the Social Investment Pact — as a response to the crisis (15),

| — | having regard to the European Pact for Gender Equality (2011-2020) adopted by the Council on 7 March 2011, |
| --- | --- |

—

having regard to the European Pact for Gender Equality (2011-2020) adopted by the Council on 7 March 2011,

| — | having regard to Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (16), |
| --- | --- |

—

having regard to Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (16),

| — | having regard to Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC (17), |
| --- | --- |

—

having regard to Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC (17),

| — | 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 Employment and Social Affairs and the opinion of the Committee on Regional Development (A7-0024/2013), |
| --- | --- |

—

having regard to the report of the Committee on Employment and Social Affairs and the opinion of the Committee on Regional Development (A7-0024/2013),

| A. | whereas the employment and social consequences of the crisis are far-reaching, and are now exacerbated by the impact of fiscal consolidation introduced in certain countries in response to the sovereign debt crisis and a constricted monetary policy in the eurozone, which contrasts with that implemented by other major economic regions and is unable to give an effective response to the sovereign debt crisis and promote growth; whereas the crisis is having negative effects on the quality and quantity of social investments in Europe; whereas the eurozone is in recession and the EU is currently the only major region in the world where unemployment is still rising; |
| --- | --- |

A.

whereas the employment and social consequences of the crisis are far-reaching, and are now exacerbated by the impact of fiscal consolidation introduced in certain countries in response to the sovereign debt crisis and a constricted monetary policy in the eurozone, which contrasts with that implemented by other major economic regions and is unable to give an effective response to the sovereign debt crisis and promote growth; whereas the crisis is having negative effects on the quality and quantity of social investments in Europe; whereas the eurozone is in recession and the EU is currently the only major region in the world where unemployment is still rising;

| B. | whereas in 2012 the employment situation has worsened and the prospects for 2013 are pessimistic; whereas labour market segmentation has continued to rise, long-term unemployment has reached alarming levels, in-work poverty is still a major problem, average household incomes are declining in many Member States and indicators point to a trend of higher levels and deeper forms of poverty and social exclusion, with in-work poverty and social polarisation on the rise in many Member States. |
| --- | --- |

B.

whereas in 2012 the employment situation has worsened and the prospects for 2013 are pessimistic; whereas labour market segmentation has continued to rise, long-term unemployment has reached alarming levels, in-work poverty is still a major problem, average household incomes are declining in many Member States and indicators point to a trend of higher levels and deeper forms of poverty and social exclusion, with in-work poverty and social polarisation on the rise in many Member States.

| C. | whereas unemployment has increased significantly since 2008 and reached the level of 25 million unemployed people in the EU, corresponding to 10,5 % of the working age population; whereas, over the last twelve months alone, the number of unemployed people has increased by 2 million; whereas the decline in employment has been more pronounced in those countries which are undertaking more substantial fiscal consolidation; |
| --- | --- |

C.

whereas unemployment has increased significantly since 2008 and reached the level of 25 million unemployed people in the EU, corresponding to 10,5 % of the working age population; whereas, over the last twelve months alone, the number of unemployed people has increased by 2 million; whereas the decline in employment has been more pronounced in those countries which are undertaking more substantial fiscal consolidation;

| D. | whereas the labour market situation is particularly critical for young people, regardless of their level of education, who often end up with precarious employment contracts and in unpaid traineeships; whereas the difficult situation of young people is partly due to mismatches between acquired skills and labour market demand, limited geographic mobility, early school leaving without qualifications, a lack of relevant skills and work experience, precarious employment conditions, limited training opportunities, and inefficient active labour market policies; |
| --- | --- |

D.

whereas the labour market situation is particularly critical for young people, regardless of their level of education, who often end up with precarious employment contracts and in unpaid traineeships; whereas the difficult situation of young people is partly due to mismatches between acquired skills and labour market demand, limited geographic mobility, early school leaving without qualifications, a lack of relevant skills and work experience, precarious employment conditions, limited training opportunities, and inefficient active labour market policies;

| E. | whereas across the EU more than one in five young people are unemployed (22,8 %), with youth unemployment exceeding 50 % in some Member States; whereas more than 7 million Europeans under 25 are not in employment, education or training (NEET); whereas these figures are continuing to rise and there is a risk of a lost generation; whereas the cost of inaction with regard to NEETs is estimated at EUR 153 billion across the EU; |
| --- | --- |

E.

whereas across the EU more than one in five young people are unemployed (22,8 %), with youth unemployment exceeding 50 % in some Member States; whereas more than 7 million Europeans under 25 are not in employment, education or training (NEET); whereas these figures are continuing to rise and there is a risk of a lost generation; whereas the cost of inaction with regard to NEETs is estimated at EUR 153 billion across the EU;

| F. | whereas after the European Council meeting of 30 January 2012, as part of its ‘Youth Opportunities Initiative’, the Commission called on Member States to develop and implement comprehensive initiatives for youth employment, education and skills, and to develop youth jobs plans within their national reform programmes; whereas, however, such initiatives have yet to be brought forward in most Member States; |
| --- | --- |

F.

whereas after the European Council meeting of 30 January 2012, as part of its ‘Youth Opportunities Initiative’, the Commission called on Member States to develop and implement comprehensive initiatives for youth employment, education and skills, and to develop youth jobs plans within their national reform programmes; whereas, however, such initiatives have yet to be brought forward in most Member States;

| G. | whereas people approaching pension age, long-term unemployed workers, non-EU workers and low-skilled workers are also among those worst hit by the crisis; |
| --- | --- |

G.

whereas people approaching pension age, long-term unemployed workers, non-EU workers and low-skilled workers are also among those worst hit by the crisis;

| H. | whereas the necessary reforms should be carried out to guarantee the sustainability of pension systems; whereas, in this connection, it is possible to raise the actual retirement age without raising the mandatory retirement age, by reducing the number of people leaving the labour market early; whereas, in order to successfully increase actual retirement ages, reforms in pension systems need to be accompanied by policies that develop employment opportunities for older workers’ access to life-long learning, introduce tax benefit policies giving incentives to stay longer at work and support active healthy ageing; |
| --- | --- |

H.

whereas the necessary reforms should be carried out to guarantee the sustainability of pension systems; whereas, in this connection, it is possible to raise the actual retirement age without raising the mandatory retirement age, by reducing the number of people leaving the labour market early; whereas, in order to successfully increase actual retirement ages, reforms in pension systems need to be accompanied by policies that develop employment opportunities for older workers’ access to life-long learning, introduce tax benefit policies giving incentives to stay longer at work and support active healthy ageing;

| I. | whereas long-term unemployment reached alarming levels in the second quarter of 2012, when the figures showed that 11,1 million unemployed Europeans had been unemployed for more than 12 months, accounting for 4,6 % of the active population; whereas the probability of unemployed people finding a job has decreased in most Member States, especially those subject to significant fiscal consolidation measures; |
| --- | --- |

I.

whereas long-term unemployment reached alarming levels in the second quarter of 2012, when the figures showed that 11,1 million unemployed Europeans had been unemployed for more than 12 months, accounting for 4,6 % of the active population; whereas the probability of unemployed people finding a job has decreased in most Member States, especially those subject to significant fiscal consolidation measures;

| J. | whereas approximately 120 million people are threatened by social exclusion in the EU27 because they are at an aggravated risk of poverty, are severely materially deprived or living in households with very low work participation, |
| --- | --- |

J.

whereas approximately 120 million people are threatened by social exclusion in the EU27 because they are at an aggravated risk of poverty, are severely materially deprived or living in households with very low work participation,

| K. | whereas social protection expenditure has decreased in nearly all Member States and whereas the Social Protection Committee (SPC) warns of increasing numbers of people at risk of income poverty, child poverty, severe material deprivation and social exclusion because of the impact of fiscal consolidation measures; |
| --- | --- |

K.

whereas social protection expenditure has decreased in nearly all Member States and whereas the Social Protection Committee (SPC) warns of increasing numbers of people at risk of income poverty, child poverty, severe material deprivation and social exclusion because of the impact of fiscal consolidation measures;

| L. | whereas achieving growth and a high level of employment is necessary to the recovery of the economy, to fiscal consolidation and to the sustainability of the welfare state and public finances in the long term; |
| --- | --- |

L.

whereas achieving growth and a high level of employment is necessary to the recovery of the economy, to fiscal consolidation and to the sustainability of the welfare state and public finances in the long term;

| M. | whereas targeted social investments should form a major part of Member States‘ response to the crisis as they are key to reaching the employment, social and education objectives of the Europe 2020 strategy; |
| --- | --- |

M.

whereas targeted social investments should form a major part of Member States‘ response to the crisis as they are key to reaching the employment, social and education objectives of the Europe 2020 strategy;

| N. | whereas the European Council stated on 30 January 2012 that ‘growth and employment will only resume if we pursue a consistent and broad-based approach, combining a smart fiscal consolidation preserving investment in future growth, sound macroeconomic policies and an active employment strategy preserving social cohesion’; |
| --- | --- |

N.

whereas the European Council stated on 30 January 2012 that ‘growth and employment will only resume if we pursue a consistent and broad-based approach, combining a smart fiscal consolidation preserving investment in future growth, sound macroeconomic policies and an active employment strategy preserving social cohesion’;

| O. | whereas fiscal consolidation must continue in view of the high debt levels and long-term challenges to public finances, but with due account being taken of the fact that it must be a medium- to long-term objective; whereas fiscal consolidation can have negative growth and employment effects in the short term, especially in countries in recession or with marginal growth rates, compromising future growth and job-creation potential; whereas fiscal consolidation must therefore be managed in a growth-friendly manner so that it does not damage the growth and job-creation potential of the economy or its social fabric; |
| --- | --- |

O.

whereas fiscal consolidation must continue in view of the high debt levels and long-term challenges to public finances, but with due account being taken of the fact that it must be a medium- to long-term objective; whereas fiscal consolidation can have negative growth and employment effects in the short term, especially in countries in recession or with marginal growth rates, compromising future growth and job-creation potential; whereas fiscal consolidation must therefore be managed in a growth-friendly manner so that it does not damage the growth and job-creation potential of the economy or its social fabric;

| P. | whereas tensions in financial markets remain high and imbalances in access to financing prevail between Member States; whereas high premium risks unduly increase sovereign debt burdens, requiring heavier fiscal consolidation, deepening the crisis and thus hampering growth and job creation; |
| --- | --- |

P.

whereas tensions in financial markets remain high and imbalances in access to financing prevail between Member States; whereas high premium risks unduly increase sovereign debt burdens, requiring heavier fiscal consolidation, deepening the crisis and thus hampering growth and job creation;

| Q. | whereas, in spite of the urgency of the situation, the European Union is failing to achieve almost all of the Europe 2020 targets, and progress in Member States in delivering on the Europe 2020 objectives has been disappointing; whereas commitments set in the National Reform Programmes 2012 are insufficient to meet most of the EU-level targets; |
| --- | --- |

Q.

whereas, in spite of the urgency of the situation, the European Union is failing to achieve almost all of the Europe 2020 targets, and progress in Member States in delivering on the Europe 2020 objectives has been disappointing; whereas commitments set in the National Reform Programmes 2012 are insufficient to meet most of the EU-level targets;

| R. | whereas investment in education and training, research and innovation — key areas for economic growth and job creation — is still lower in the EU than in its main economic partners and competitors elsewhere in the world; whereas productive investment in these areas is essential for a sustainable exit from the crisis but also for consolidating the EU economy on a path of competitiveness and productivity; |
| --- | --- |

R.

whereas investment in education and training, research and innovation — key areas for economic growth and job creation — is still lower in the EU than in its main economic partners and competitors elsewhere in the world; whereas productive investment in these areas is essential for a sustainable exit from the crisis but also for consolidating the EU economy on a path of competitiveness and productivity;

| S. | whereas the gender dimension is crucial to achieving the EU 2020 headline targets, as women form the greatest reserve of as yet unused labour force; whereas women form the majority of those living in poverty in the EU; whereas cuts to public services such as child care and other dependants’ care will have a negative impact on women and consequently their ability to participate in the labour market; whereas specific attention needs to be paid therefore to gender mainstreaming and specific policies targeted at women throughout the European Semester process; whereas the legal retirement age of women needs to be aligned to that of men; |
| --- | --- |

S.

whereas the gender dimension is crucial to achieving the EU 2020 headline targets, as women form the greatest reserve of as yet unused labour force; whereas women form the majority of those living in poverty in the EU; whereas cuts to public services such as child care and other dependants’ care will have a negative impact on women and consequently their ability to participate in the labour market; whereas specific attention needs to be paid therefore to gender mainstreaming and specific policies targeted at women throughout the European Semester process; whereas the legal retirement age of women needs to be aligned to that of men;

| T. | whereas there is a need to ensure greater interaction between employment, social and economic policies in the context of the European Semester, as set out in Articles 121 and 148 TFEU; |
| --- | --- |

T.

whereas there is a need to ensure greater interaction between employment, social and economic policies in the context of the European Semester, as set out in Articles 121 and 148 TFEU;

| U. | whereas it is essential to foster democratic accountability, ownership and legitimacy of all actors involved in the European Semester; whereas an essential part of this is the appropriate involvement of the European Parliament; |
| --- | --- |

U.

whereas it is essential to foster democratic accountability, ownership and legitimacy of all actors involved in the European Semester; whereas an essential part of this is the appropriate involvement of the European Parliament;

| V. | whereas the national parliaments are the representatives and guarantors of the rights acquired and delegated by citizens; whereas the introduction of the European Semester should fully respect the prerogatives of national parliaments; |
| --- | --- |

V.

whereas the national parliaments are the representatives and guarantors of the rights acquired and delegated by citizens; whereas the introduction of the European Semester should fully respect the prerogatives of national parliaments;

Key messages with a view to the Spring European Council

| 1. | Urges the European Council to ensure that the following messages form part of its policy guidance for the European Semester 2013, and mandates its President to defend this position during the Spring European Council of 14—15 March 2013; refers, in particular, to the specific recommendations to be adopted by the European Council in its policy guidance, annexed to this resolution; |
| --- | --- |

1.

Urges the European Council to ensure that the following messages form part of its policy guidance for the European Semester 2013, and mandates its President to defend this position during the Spring European Council of 14—15 March 2013; refers, in particular, to the specific recommendations to be adopted by the European Council in its policy guidance, annexed to this resolution;

| 2. | Deplores the fact that priorities identified during last year’s European Semester cycle, in particular those relating to job creation, job quality and the fight against poverty and social exclusion have not given the expected results; |
| --- | --- |

2.

Deplores the fact that priorities identified during last year’s European Semester cycle, in particular those relating to job creation, job quality and the fight against poverty and social exclusion have not given the expected results;

| 3. | Points out that the economic situation and the social consequences of the crisis have further deteriorated during the last year and therefore stresses the importance of stepping up the Member States’ commitment to following the 2013 policy guidance, in particular in the employment and social policy area; |
| --- | --- |

3.

Points out that the economic situation and the social consequences of the crisis have further deteriorated during the last year and therefore stresses the importance of stepping up the Member States’ commitment to following the 2013 policy guidance, in particular in the employment and social policy area;

I.   
  Europe 2020 objectives

| 4. | Calls on the European Council to ensure that the yearly policy guidance set out on the basis of the AGS is fully focused on fulfilling all the objectives of the Europe 2020 Strategy for smart, sustainable and inclusive growth; regrets that no Europe 2020 progress report was included in the AGS 2013, calls on the Commission to deliver this report in time for the Spring European Council meeting; |
| --- | --- |

4.

Calls on the European Council to ensure that the yearly policy guidance set out on the basis of the AGS is fully focused on fulfilling all the objectives of the Europe 2020 Strategy for smart, sustainable and inclusive growth; regrets that no Europe 2020 progress report was included in the AGS 2013, calls on the Commission to deliver this report in time for the Spring European Council meeting;

| 5. | Deplores the fact that the 2012 policy guidance and its implementation have not been sufficiently effective as regards the attainment of the political targets enshrined in the Europe 2020 strategy; deplores the fact that some Member States are moving further away from the 2020 targets; |
| --- | --- |

5.

Deplores the fact that the 2012 policy guidance and its implementation have not been sufficiently effective as regards the attainment of the political targets enshrined in the Europe 2020 strategy; deplores the fact that some Member States are moving further away from the 2020 targets;

| 6. | Deplores the fact that the commitments set in the National Reform Programmes 2012 are insufficient to meet most of the EU-level targets; stresses its concern about the fact that the current national targets are not sufficient to achieve the Europe 2020 headline targets for employment, education and poverty reduction; |
| --- | --- |

6.

Deplores the fact that the commitments set in the National Reform Programmes 2012 are insufficient to meet most of the EU-level targets; stresses its concern about the fact that the current national targets are not sufficient to achieve the Europe 2020 headline targets for employment, education and poverty reduction;

| 7. | Calls on the Member States to adopt the necessary commitments in the 2013 National Reform Programmes towards the fulfilment of the Europe 2020 objectives; |
| --- | --- |

7.

Calls on the Member States to adopt the necessary commitments in the 2013 National Reform Programmes towards the fulfilment of the Europe 2020 objectives;

| 8. | Calls on the European Council to ensure, in its policy guidelines, that a sufficient level of EU funds is devoted to the achievement of the Europe 2020 objectives; urges Member States to earmark funds more effectively for the achievement of the Europe 2020 Strategy’s objectives; |
| --- | --- |

8.

Calls on the European Council to ensure, in its policy guidelines, that a sufficient level of EU funds is devoted to the achievement of the Europe 2020 objectives; urges Member States to earmark funds more effectively for the achievement of the Europe 2020 Strategy’s objectives;

II.   
  Job creation through structural reforms and growth-targeted investments

| 9. | Considers it regrettable that last year most Member States did not respect their commitment to submit a National Job Plan (NJP) as part of their 2012 NRPs; calls on the Member States to respect this commitment in 2013; stresses that NJPs should include comprehensive measures for job creation and green employment, a link between employment policies and financial instruments, labour market reforms, a clear timetable for rolling out the multiannual reform agenda over the next 12 months and an indication of both the fields and regions experiencing specialisation shortages and surpluses; |
| --- | --- |

9.

Considers it regrettable that last year most Member States did not respect their commitment to submit a National Job Plan (NJP) as part of their 2012 NRPs; calls on the Member States to respect this commitment in 2013; stresses that NJPs should include comprehensive measures for job creation and green employment, a link between employment policies and financial instruments, labour market reforms, a clear timetable for rolling out the multiannual reform agenda over the next 12 months and an indication of both the fields and regions experiencing specialisation shortages and surpluses;

| 10. | Regrets that the Commission has not made NJPs a mandatory requirement and calls on the Commission to oversee their preparation during each year’s European Semester cycle; |
| --- | --- |

10.

Regrets that the Commission has not made NJPs a mandatory requirement and calls on the Commission to oversee their preparation during each year’s European Semester cycle;

| 11. | Calls on the Member States to adopt measures favourable to job creation such as labour tax reforms that encourage employment, promote and support genuine and voluntary self-employment and business start-ups, improve the framework for doing business and facilitate the access to financing for SMEs, transform informal and undeclared work into regular employment, reform labour markets, if necessary, to make them more adaptive, dynamic, competitive and inclusive while ensuring adequate security for employees, provide employers and employees with skills and instruments that enable them to adapt to changing labour markets needs, modernise wage-setting systems — within the framework of social dialogue with the active participation of the social partners, while respecting the diversity of national models of industrial relations — to align wages with productivity trends within the boundaries of decent living wages, and exploit the high employment potential of sectors such as the green economy, health and social care, and the ICT sector to create sustainable and quality jobs; |
| --- | --- |

11.

Calls on the Member States to adopt measures favourable to job creation such as labour tax reforms that encourage employment, promote and support genuine and voluntary self-employment and business start-ups, improve the framework for doing business and facilitate the access to financing for SMEs, transform informal and undeclared work into regular employment, reform labour markets, if necessary, to make them more adaptive, dynamic, competitive and inclusive while ensuring adequate security for employees, provide employers and employees with skills and instruments that enable them to adapt to changing labour markets needs, modernise wage-setting systems — within the framework of social dialogue with the active participation of the social partners, while respecting the diversity of national models of industrial relations — to align wages with productivity trends within the boundaries of decent living wages, and exploit the high employment potential of sectors such as the green economy, health and social care, and the ICT sector to create sustainable and quality jobs;

III.   
  Youth employment

| 12. | Calls on the European Council to make youth unemployment a priority in the 2013 policy guidance; |
| --- | --- |

12.

Calls on the European Council to make youth unemployment a priority in the 2013 policy guidance;

| 13. | Calls on the Member States to take decisive measures to fight youth unemployment, including targeted active labour-market policy measures, measures tackling skills mismatches in the labour market, in particular by preventing early drop-out from school or apprenticeship schemes and ensuring that education and training systems provide young people with the relevant skills in an efficient way, and promote entrepreneurship and effective business development support for young people and frameworks securing the transition from education to work; |
| --- | --- |

13.

Calls on the Member States to take decisive measures to fight youth unemployment, including targeted active labour-market policy measures, measures tackling skills mismatches in the labour market, in particular by preventing early drop-out from school or apprenticeship schemes and ensuring that education and training systems provide young people with the relevant skills in an efficient way, and promote entrepreneurship and effective business development support for young people and frameworks securing the transition from education to work;

| 14. | Strongly supports the Commission’s proposal on Youth Guarantee Schemes; calls for its speedy implementation and for sufficient funding to be provided for it; considers that the ESF should play a key role in funding Youth Guarantee Schemes and that an appropriate balance should be sought between EU and Member State funding; |
| --- | --- |

14.

Strongly supports the Commission’s proposal on Youth Guarantee Schemes; calls for its speedy implementation and for sufficient funding to be provided for it; considers that the ESF should play a key role in funding Youth Guarantee Schemes and that an appropriate balance should be sought between EU and Member State funding;

| 15. | Urges Member States to develop comprehensive strategies for young people who are not in employment, education or training (NEET); urges them also, in developing these strategies, to show financial solidarity with Member States with limited fiscal space; |
| --- | --- |

15.

Urges Member States to develop comprehensive strategies for young people who are not in employment, education or training (NEET); urges them also, in developing these strategies, to show financial solidarity with Member States with limited fiscal space;

IV.   
  More adaptive, dynamic and inclusive labour markets and better-quality employment

| 16. | Regrets that the 2013 AGS does not address the quality of jobs and that too little attention is paid to putting in place the necessary preconditions for increasing labour market participation, notably that of women, workers aged 45 +, people with disabilities and the most deprived; |
| --- | --- |

16.

Regrets that the 2013 AGS does not address the quality of jobs and that too little attention is paid to putting in place the necessary preconditions for increasing labour market participation, notably that of women, workers aged 45 +, people with disabilities and the most deprived;

| 17. | Recalls that the internal imbalances between Member States, especially in employment and social indicators, is widening; points out that Member States with relatively unsegmented labour markets, strong welfare systems and an ability to temporarily adjust working hours, working time and other flexible working arrangements (internal flexibility) and efficient collective bargaining models have proved more resilient in the face of the employment and social consequences of the crisis; |
| --- | --- |

17.

Recalls that the internal imbalances between Member States, especially in employment and social indicators, is widening; points out that Member States with relatively unsegmented labour markets, strong welfare systems and an ability to temporarily adjust working hours, working time and other flexible working arrangements (internal flexibility) and efficient collective bargaining models have proved more resilient in the face of the employment and social consequences of the crisis;

| 18. | Calls for labour markets to be more adaptive and dynamic, able to adjust to disruptions in the economic situation without causing redundancies, and more inclusive, favouring an increased labour participation, specially for those vulnerable and disadvantaged people; |
| --- | --- |

18.

Calls for labour markets to be more adaptive and dynamic, able to adjust to disruptions in the economic situation without causing redundancies, and more inclusive, favouring an increased labour participation, specially for those vulnerable and disadvantaged people;

| 19. | Warns that austerity measures should not compromise the quality of employment, nor social protection and health and safety standards; encourages Member states to promote the identification of companies and SMEs making an effort to be more socially virtuous than meeting their minimum legal obligations; |
| --- | --- |

19.

Warns that austerity measures should not compromise the quality of employment, nor social protection and health and safety standards; encourages Member states to promote the identification of companies and SMEs making an effort to be more socially virtuous than meeting their minimum legal obligations;

V.   
  Investing in education and training

| 20. | Underlines the key role of education and training in achieving the Europe 2020 Strategy objectives; |
| --- | --- |

20.

Underlines the key role of education and training in achieving the Europe 2020 Strategy objectives;

| 21. | Underlines the importance of reducing the early school leaving rate in order to decrease numbers in the NEET group; |
| --- | --- |

21.

Underlines the importance of reducing the early school leaving rate in order to decrease numbers in the NEET group;

| 22. | Calls on the Member States, while pursuing sustainable, growth-friendly and differentiated fiscal consolidation, to secure efficient and sufficient investment in education, training and lifelong learning in order to meet all the commitments agreed in the Europe 2020 Strategy; |
| --- | --- |

22.

Calls on the Member States, while pursuing sustainable, growth-friendly and differentiated fiscal consolidation, to secure efficient and sufficient investment in education, training and lifelong learning in order to meet all the commitments agreed in the Europe 2020 Strategy;

| 23. | Calls on the Member States to incorporate the European exchange programmes for education, training, youth and sports into measures taken in the framework of the European Semester; |
| --- | --- |

23.

Calls on the Member States to incorporate the European exchange programmes for education, training, youth and sports into measures taken in the framework of the European Semester;

VI.   
  Guaranteeing the quality of public services and combating poverty and social exclusion

| 24. | Is deeply concerned about the increase in poverty and unemployment among all age groups since the last 2012 European Semester cycle; |
| --- | --- |

24.

Is deeply concerned about the increase in poverty and unemployment among all age groups since the last 2012 European Semester cycle;

| 25. | Welcomes the fact that the 2013 AGS addresses poverty and social exclusion, as well as tackling the social consequences of the crisis; calls on the Commission to stress these measures in the country-specific recommendations and, in particular, to address in-work poverty, poverty among people with limited or no links to the labour market and poverty among elderly people; calls on the European Council to endorse this guidance as a priority; |
| --- | --- |

25.

Welcomes the fact that the 2013 AGS addresses poverty and social exclusion, as well as tackling the social consequences of the crisis; calls on the Commission to stress these measures in the country-specific recommendations and, in particular, to address in-work poverty, poverty among people with limited or no links to the labour market and poverty among elderly people; calls on the European Council to endorse this guidance as a priority;

| 26. | Calls for the implementation of integrated active inclusion strategies to be a central element of EU and national social policy agendas; |
| --- | --- |

26.

Calls for the implementation of integrated active inclusion strategies to be a central element of EU and national social policy agendas;

VII.   
  Pursuing proportionate and differentiated growth- friendly fiscal consolidation while ensuring economic recovery and job creation

| 27. | Acknowledges the need to implement proportionate and differentiated growth-friendly fiscal consolidation to avoid negative short-, medium- and long-term growth and employment effects while guaranteeing the sustainability of public finances; stresses that the impact of fiscal consolidation programmes should be evaluated on the basis of their short-term effects on growth, employment and social inclusion, especially in countries in recession or with marginal growth rates; calls on the Commission and the European Council to make use of the flexibility in times of economic downturn that Regulations (EU) No 1175/2011 and (EU) No 1177/2011 provide for; |
| --- | --- |

27.

Acknowledges the need to implement proportionate and differentiated growth-friendly fiscal consolidation to avoid negative short-, medium- and long-term growth and employment effects while guaranteeing the sustainability of public finances; stresses that the impact of fiscal consolidation programmes should be evaluated on the basis of their short-term effects on growth, employment and social inclusion, especially in countries in recession or with marginal growth rates; calls on the Commission and the European Council to make use of the flexibility in times of economic downturn that Regulations (EU) No 1175/2011 and (EU) No 1177/2011 provide for;

| 28. | Emphasises that the Commission should take greater account of specific local, regional and national trends, as well as potential errors in its forecast, which represents the basis for the AGS; |
| --- | --- |

28.

Emphasises that the Commission should take greater account of specific local, regional and national trends, as well as potential errors in its forecast, which represents the basis for the AGS;

| 29. | Considers that fiscal consolidation should be implemented in a proportionate and growth-friendly way and that the rhythm of consolidation should be differentiated across countries according to their fiscal space and that of the broader European economy, in order to avoid negative growth and negative employment effects while ensuring debt sustainability; |
| --- | --- |

29.

Considers that fiscal consolidation should be implemented in a proportionate and growth-friendly way and that the rhythm of consolidation should be differentiated across countries according to their fiscal space and that of the broader European economy, in order to avoid negative growth and negative employment effects while ensuring debt sustainability;

| 30. | Calls on the Commission to recalibrate its models on the impact of the multiplier effect on growth and job creation of fiscal cuts on the budgets of Member States in line with recent IMF revisions; |
| --- | --- |

30.

Calls on the Commission to recalibrate its models on the impact of the multiplier effect on growth and job creation of fiscal cuts on the budgets of Member States in line with recent IMF revisions;

| 31. | Calls on the European Council to ensure coherence between the different priorities in its policy guidance, so as not to compromise sustainable growth and job-creation potential, increase poverty and social exclusion, or prevent universal access to the provision of quality public services; believes that the main priority must be to put into place integrated reform measures and investments that promote growth and job creation whilst guaranteeing the sustainability of public finances; |
| --- | --- |

31.

Calls on the European Council to ensure coherence between the different priorities in its policy guidance, so as not to compromise sustainable growth and job-creation potential, increase poverty and social exclusion, or prevent universal access to the provision of quality public services; believes that the main priority must be to put into place integrated reform measures and investments that promote growth and job creation whilst guaranteeing the sustainability of public finances;

| 32. | Calls on the European Council, should it endorse the first priority of the AGS, ‘differentiated growth-friendly fiscal consolidation’, to specifically explain how this can be implemented in full compliance with the aim of increasing social cohesion and combating poverty, as outlined in its fourth priority, ‘tackling unemployment and the social consequences of the crisis’; |
| --- | --- |

32.

Calls on the European Council, should it endorse the first priority of the AGS, ‘differentiated growth-friendly fiscal consolidation’, to specifically explain how this can be implemented in full compliance with the aim of increasing social cohesion and combating poverty, as outlined in its fourth priority, ‘tackling unemployment and the social consequences of the crisis’;

| 33. | Stresses the need to attain full coherence between budgetary consolidation and economic measures on the one hand and social policy, growth and employment measures on the other. |
| --- | --- |

33.

Stresses the need to attain full coherence between budgetary consolidation and economic measures on the one hand and social policy, growth and employment measures on the other.

| 34. | Points out that, at a time of heavy fiscal constraint and reduced lending capacity in the private sector, the Structural Funds and the Cohesion Fund, with their financial size and the objectives pursued, represent an essential lever, at the Member States’ disposal, to stimulate the economy and help deliver the growth and employment objectives enshrined in the Europe 2020 Strategy; in this connection, stresses that, in view of the key role played by cohesion policy in the development of national programmes within the framework of the European Semester, this policy should be a prime focus of the AGS and should contribute to the annual debate on growth and jobs in the EU; |
| --- | --- |

34.

Points out that, at a time of heavy fiscal constraint and reduced lending capacity in the private sector, the Structural Funds and the Cohesion Fund, with their financial size and the objectives pursued, represent an essential lever, at the Member States’ disposal, to stimulate the economy and help deliver the growth and employment objectives enshrined in the Europe 2020 Strategy; in this connection, stresses that, in view of the key role played by cohesion policy in the development of national programmes within the framework of the European Semester, this policy should be a prime focus of the AGS and should contribute to the annual debate on growth and jobs in the EU;

VIII.   
  Democratic legitimacy and involvement of civil society

| 35. | Is concerned at the fact that the European Parliament, national parliaments, social partners and civil society continue to play a limited role in the European Semester; highlights the fact that policy guidance in the AGS initiated by the Commission, and to be endorsed by the European Council, lacks parliamentary and civil involvement and therefore democratic legitimacy; |
| --- | --- |

35.

Is concerned at the fact that the European Parliament, national parliaments, social partners and civil society continue to play a limited role in the European Semester; highlights the fact that policy guidance in the AGS initiated by the Commission, and to be endorsed by the European Council, lacks parliamentary and civil involvement and therefore democratic legitimacy;

| 36. | Maintains that Parliament has a crucial role to play in establishing the necessary democratic legitimacy; considers that, in the absence of a legal basis for the ordinary legislative procedure applicable to the AGS, the European Council should take into account parliamentary comments when endorsing the policy guidance in order to guarantee democratic legitimacy; |
| --- | --- |

36.

Maintains that Parliament has a crucial role to play in establishing the necessary democratic legitimacy; considers that, in the absence of a legal basis for the ordinary legislative procedure applicable to the AGS, the European Council should take into account parliamentary comments when endorsing the policy guidance in order to guarantee democratic legitimacy;

| 37. | Asks the Commission to require Member States to guarantee maximum transparency in the elaboration of NRP as well as a wide involvement of national parliaments and social partners in this process; |
| --- | --- |

37.

Asks the Commission to require Member States to guarantee maximum transparency in the elaboration of NRP as well as a wide involvement of national parliaments and social partners in this process;

Additional efforts to be pursued in the employment and social fields

Job creation through structural reforms and growth-targeted investments

| 38. | Recalls that strengthening job-rich growth calls for employment policies that generate favourable conditions for job creation, facilitate positive transitions from job to job and from unemployment to employment, increase the labour supply and improve its geographic and skills matching with labour market needs. |
| --- | --- |

38.

Recalls that strengthening job-rich growth calls for employment policies that generate favourable conditions for job creation, facilitate positive transitions from job to job and from unemployment to employment, increase the labour supply and improve its geographic and skills matching with labour market needs.

| 39. | Stresses the need for reforms in the labour market to increase labour productivity and efficiency in order to improve EU economic competitiveness and enable sustainable growth and job creation while strictly respecting both the letter and the spirit of the European Social Aquis and its principles; believes that reforms in labour markets should be implemented in such a way as to promote job quality; |
| --- | --- |

39.

Stresses the need for reforms in the labour market to increase labour productivity and efficiency in order to improve EU economic competitiveness and enable sustainable growth and job creation while strictly respecting both the letter and the spirit of the European Social Aquis and its principles; believes that reforms in labour markets should be implemented in such a way as to promote job quality;

| 40. | Suggests that Member States reduce taxation on labour when fiscal conditions allow, especially with regard to low-paid and low-skilled workers and vulnerable groups; considers that well targeted temporary reductions in social security contributions or job subsidy schemes for new recruits, especially for the low-skilled and long-term unemployed, are very effective incentives to promote job creation; |
| --- | --- |

40.

Suggests that Member States reduce taxation on labour when fiscal conditions allow, especially with regard to low-paid and low-skilled workers and vulnerable groups; considers that well targeted temporary reductions in social security contributions or job subsidy schemes for new recruits, especially for the low-skilled and long-term unemployed, are very effective incentives to promote job creation;

| 41. | Notes that demographic change has a clear impact on the provision of social infrastructure, posing a serious challenge to all generations throughout the EU; stresses, in this connection, that the role of cohesion policies in tackling demographic challenges should be given more consideration in the Commission’s survey; |
| --- | --- |

41.

Notes that demographic change has a clear impact on the provision of social infrastructure, posing a serious challenge to all generations throughout the EU; stresses, in this connection, that the role of cohesion policies in tackling demographic challenges should be given more consideration in the Commission’s survey;

| 42. | Stresses the need to carry out the necessary reforms to guarantee the sustainability of pension systems; believes that retirement age could be evaluated on the basis of the evolution of healthy life expectancy, but recalls that it is possible to raise the actual retirement age without raising the mandatory retirement age by reducing the number of people leaving the labour market early; believes that to successfully raise effective retirement ages, reforms in pension systems need to be accompanied by policies that limit the access to early retirement schemes and other early exit pathways, develop employment opportunities for older workers, guarantee access to life-long learning, introduce tax benefit policies giving incentives to stay longer at work, and support active healthy ageing; |
| --- | --- |

42.

Stresses the need to carry out the necessary reforms to guarantee the sustainability of pension systems; believes that retirement age could be evaluated on the basis of the evolution of healthy life expectancy, but recalls that it is possible to raise the actual retirement age without raising the mandatory retirement age by reducing the number of people leaving the labour market early; believes that to successfully raise effective retirement ages, reforms in pension systems need to be accompanied by policies that limit the access to early retirement schemes and other early exit pathways, develop employment opportunities for older workers, guarantee access to life-long learning, introduce tax benefit policies giving incentives to stay longer at work, and support active healthy ageing;

| 43. | Calls on the Commission to work with the Member States to ensure that austerity programmes do not hinder employment creation measures and growth-promoting policies, and do not compromise social protection; urges Member States to prioritise growth-friendly expenditure such as education, lifelong learning, research, innovation and energy efficiency, and at the same time to ensure the efficiency of this spending; |
| --- | --- |

43.

Calls on the Commission to work with the Member States to ensure that austerity programmes do not hinder employment creation measures and growth-promoting policies, and do not compromise social protection; urges Member States to prioritise growth-friendly expenditure such as education, lifelong learning, research, innovation and energy efficiency, and at the same time to ensure the efficiency of this spending;

| 44. | Agrees with the Commission that innovative EU financial instruments can serve as catalysts for targeted investment, achieve a multiplier effect on the EU budget and increase the EU’s growth potential; urges the Commission, therefore, to provide detailed information, further assistance and guidance to the Member States and regions regarding enhanced application of financial instruments under the cohesion policy in 2013 and the future programming period (2014-2020); calls on the Member States to follow the Commission and also to indicate clearly in their respective national reform programmes how they intend to use Structural Fund allocations to promote growth- and employment-enhancing priorities with the use of financial instruments; |
| --- | --- |

44.

Agrees with the Commission that innovative EU financial instruments can serve as catalysts for targeted investment, achieve a multiplier effect on the EU budget and increase the EU’s growth potential; urges the Commission, therefore, to provide detailed information, further assistance and guidance to the Member States and regions regarding enhanced application of financial instruments under the cohesion policy in 2013 and the future programming period (2014-2020); calls on the Member States to follow the Commission and also to indicate clearly in their respective national reform programmes how they intend to use Structural Fund allocations to promote growth- and employment-enhancing priorities with the use of financial instruments;

| 45. | Welcomes the attention given to exploitation of the job-creation potential of key sectors such as innovative industries, services, the green economy, health and social care (the ‘white sector’), and the ICT sector in the AGS priorities for 2013; calls on the Commission and the Member States to support initiatives that facilitate the development of these sectors with high employment potential; |
| --- | --- |

45.

Welcomes the attention given to exploitation of the job-creation potential of key sectors such as innovative industries, services, the green economy, health and social care (the ‘white sector’), and the ICT sector in the AGS priorities for 2013; calls on the Commission and the Member States to support initiatives that facilitate the development of these sectors with high employment potential;

| 46. | Recalls that the full exploitation of the job creation potential of these new sectors will call for adaptation, especially of lower skilled and older workers, and new skills; calls on the Commission and the Member States to anticipate skill needs in these sectors and guarantee the necessary investments in education and training to provide those skills; |
| --- | --- |

46.

Recalls that the full exploitation of the job creation potential of these new sectors will call for adaptation, especially of lower skilled and older workers, and new skills; calls on the Commission and the Member States to anticipate skill needs in these sectors and guarantee the necessary investments in education and training to provide those skills;

| 47. | Regrets that absolutely no mention is made of steps to implement gender mainstreaming in the priorities of the Annual Growth Survey 2013; considers that significantly increasing women’s participation in the labour market is key to achieving the Europe 2020 headline target for the employment rate; calls on the Commission and the Member States to adopt the necessary measures to promote higher employment rates among women, such as affordable care and child care, adequate maternity, paternity and parental leave schemes and flexibility in working hours and places of work; |
| --- | --- |

47.

Regrets that absolutely no mention is made of steps to implement gender mainstreaming in the priorities of the Annual Growth Survey 2013; considers that significantly increasing women’s participation in the labour market is key to achieving the Europe 2020 headline target for the employment rate; calls on the Commission and the Member States to adopt the necessary measures to promote higher employment rates among women, such as affordable care and child care, adequate maternity, paternity and parental leave schemes and flexibility in working hours and places of work;

| 48. | Calls on the Member States to improve the environment for businesses, especially for SMEs, and calls on the Commission and the European Council to step up efforts to improve the Single Market, to enhance the digital economy and to focus on smart regulation in order to reduce unnecessary red tape; welcomes the Single Market Act II and calls for swift and full implementation thereof; |
| --- | --- |

48.

Calls on the Member States to improve the environment for businesses, especially for SMEs, and calls on the Commission and the European Council to step up efforts to improve the Single Market, to enhance the digital economy and to focus on smart regulation in order to reduce unnecessary red tape; welcomes the Single Market Act II and calls for swift and full implementation thereof;

| 49. | Calls the Commission to make single market governance a key priority, since it contributes substantially to reaching the targets of the European Semester, namely sustainable economic growth and employment; takes the view that the Commission’s country-specific recommendations should, at the same time, offer the Member States more practical solutions for improving the functioning of the single market, so that stronger public support and political commitment are created to encourage the completion of the single market; |
| --- | --- |

49.

Calls the Commission to make single market governance a key priority, since it contributes substantially to reaching the targets of the European Semester, namely sustainable economic growth and employment; takes the view that the Commission’s country-specific recommendations should, at the same time, offer the Member States more practical solutions for improving the functioning of the single market, so that stronger public support and political commitment are created to encourage the completion of the single market;

| 50. | Welcomes the recognition of the importance of access to finance for SMEs, as they are the cornerstone of employment and job creation within the EU and have significant potential for addressing youth unemployment and the gender imbalance; urges the Member States to make access to finance for SMEs an absolute priority in their national growth plans; urges the Member States to provide easy access to the European Funds dedicated to that end; |
| --- | --- |

50.

Welcomes the recognition of the importance of access to finance for SMEs, as they are the cornerstone of employment and job creation within the EU and have significant potential for addressing youth unemployment and the gender imbalance; urges the Member States to make access to finance for SMEs an absolute priority in their national growth plans; urges the Member States to provide easy access to the European Funds dedicated to that end;

| 51. | Recognises the importance of the increased lending capacity of the EIB and recommends that this be aligned with the EU’s priorities focused on eliminating regional disparities; calls on the Commission to ask the Member States to use part of their Structural Fund allocations to share the EIB loan risk and provide loan guarantees for SMEs and microenterprises, thus achieving a boost of economic activity across all sectors and regions, guaranteeing further employment opportunities and overcoming the lack of access to credit currently hampering SMEs; |
| --- | --- |

51.

Recognises the importance of the increased lending capacity of the EIB and recommends that this be aligned with the EU’s priorities focused on eliminating regional disparities; calls on the Commission to ask the Member States to use part of their Structural Fund allocations to share the EIB loan risk and provide loan guarantees for SMEs and microenterprises, thus achieving a boost of economic activity across all sectors and regions, guaranteeing further employment opportunities and overcoming the lack of access to credit currently hampering SMEs;

| 52. | Calls on the Member States to promote and support entrepreneurship, including social entrepreneurship, and business start-ups, particularly through business development programmes and access to financing; |
| --- | --- |

52.

Calls on the Member States to promote and support entrepreneurship, including social entrepreneurship, and business start-ups, particularly through business development programmes and access to financing;

| 53. | Calls on the Commission to ensure that social entrepreneurship is strongly supported under the Multi-Annual Framework 2014-2020, as this area has obvious high potential for new jobs and innovative growth; |
| --- | --- |

53.

Calls on the Commission to ensure that social entrepreneurship is strongly supported under the Multi-Annual Framework 2014-2020, as this area has obvious high potential for new jobs and innovative growth;

| 54. | Urges the Commission to fully mobilise EU instruments and financial support to achieve the Europe 2020 Strategy objectives; calls on the Member States to make full use of the Structural Funds in order to enhance employability and combat structural, long-term and youth unemployment effectively. |
| --- | --- |

54.

Urges the Commission to fully mobilise EU instruments and financial support to achieve the Europe 2020 Strategy objectives; calls on the Member States to make full use of the Structural Funds in order to enhance employability and combat structural, long-term and youth unemployment effectively.

| 55. | Notes that cohesion policy, as a key EU investment tool that plays an important role within the Europe 2020 Strategy and that accurately targets local, regional and national investment needs, contributes not only to reducing disparities between regions, but also to the economic recovery of the Member States and to the effective delivery of sustainable growth and job creation in the Member States and in the Union as a whole; observes that this makes the cohesion policy one of the best available instruments for making the recovery job-rich, as the Commission foresees in the AGS 2013; takes the view, in this regard, that any cut in the cohesion policy budget would have strong negative consequences for the Europe 2020 goals, and insists, therefore, that in the new programming period an adequate level of resources be allocated to cohesion policy, at least on the level as that agreed for the current programming period 2007-2013, and that it continues to cover all EU regions; |
| --- | --- |

55.

Notes that cohesion policy, as a key EU investment tool that plays an important role within the Europe 2020 Strategy and that accurately targets local, regional and national investment needs, contributes not only to reducing disparities between regions, but also to the economic recovery of the Member States and to the effective delivery of sustainable growth and job creation in the Member States and in the Union as a whole; observes that this makes the cohesion policy one of the best available instruments for making the recovery job-rich, as the Commission foresees in the AGS 2013; takes the view, in this regard, that any cut in the cohesion policy budget would have strong negative consequences for the Europe 2020 goals, and insists, therefore, that in the new programming period an adequate level of resources be allocated to cohesion policy, at least on the level as that agreed for the current programming period 2007-2013, and that it continues to cover all EU regions;

| 56. | Welcomes the Commission’s acknowledgment in the AGS 2013 that administrative capacities need to be stepped up to ensure speedier distribution of as yet unspent Structural Fund resources; points out that such efforts should be focused on authorities at the national, regional and local levels; emphasises that speedier disbursement of as yet unspent Structural Funds resources can help strengthen the liquidity of the market; |
| --- | --- |

56.

Welcomes the Commission’s acknowledgment in the AGS 2013 that administrative capacities need to be stepped up to ensure speedier distribution of as yet unspent Structural Fund resources; points out that such efforts should be focused on authorities at the national, regional and local levels; emphasises that speedier disbursement of as yet unspent Structural Funds resources can help strengthen the liquidity of the market;

| 57. | Calls on the Commission and the Member States to ensure that regional policy continues to play an important part in the development of national programmes within the European Semester and represents a key tool for reaching the established objectives, with regard to social policies and employment, in the medium to long term; |
| --- | --- |

57.

Calls on the Commission and the Member States to ensure that regional policy continues to play an important part in the development of national programmes within the European Semester and represents a key tool for reaching the established objectives, with regard to social policies and employment, in the medium to long term;

| 58. | Considers it essential for cohesion policy to contribute to reducing internal competitive disparities and structural imbalances through its option of adaptability to the specific conditions and needs identified on the local, regional and national levels; welcomes, in this regard, the Commission’s initiative of reprogramming, where possible, as yet unspent Structural Fund resources in favour of energy efficiency, youth employment and SMEs, as they will play an important role in reaching the EU 2020 objectives; asks to be kept duly informed on the implementation of this initiative at national levels; |
| --- | --- |

58.

Considers it essential for cohesion policy to contribute to reducing internal competitive disparities and structural imbalances through its option of adaptability to the specific conditions and needs identified on the local, regional and national levels; welcomes, in this regard, the Commission’s initiative of reprogramming, where possible, as yet unspent Structural Fund resources in favour of energy efficiency, youth employment and SMEs, as they will play an important role in reaching the EU 2020 objectives; asks to be kept duly informed on the implementation of this initiative at national levels;

Youth employment

| 59. | Calls on the Member States to take measures to facilitate the transition of young people from education and training to the labour market; points, in this connection, to the success of ‘dual vocational training’ in certain Member states, which has provided the highest employment rate among young people in the European Union; |
| --- | --- |

59.

Calls on the Member States to take measures to facilitate the transition of young people from education and training to the labour market; points, in this connection, to the success of ‘dual vocational training’ in certain Member states, which has provided the highest employment rate among young people in the European Union;

| 60. | Considers it crucial to help young people to acquire skills more effectively, which requires greater cooperation and communication between companies, governments and education providers; |
| --- | --- |

60.

Considers it crucial to help young people to acquire skills more effectively, which requires greater cooperation and communication between companies, governments and education providers;

| 61. | Welcomes the Commission’s announcement that it is to present a youth employment package; calls on the Member States to promote and develop, in close cooperation with the social partners, a Youth Guarantee, with the aim of offering every young person in the EU a job, an apprenticeship, additional training or combined work and training after a maximum period of four months’ unemployment; considers that Union funding, especially the ESF, should play a key role in co-financing Youth Guarantee Schemes; calls on the Commission to provide Member States and regions with technical assistance to implement such schemes and make good use of the ESF in order to develop Youth Guarantee Schemes; emphasizes that the national sectoral partners in close cooperation with local and regional authorities should play a key role in the implementation of Youth Guarantee Schemes; |
| --- | --- |

61.

Welcomes the Commission’s announcement that it is to present a youth employment package; calls on the Member States to promote and develop, in close cooperation with the social partners, a Youth Guarantee, with the aim of offering every young person in the EU a job, an apprenticeship, additional training or combined work and training after a maximum period of four months’ unemployment; considers that Union funding, especially the ESF, should play a key role in co-financing Youth Guarantee Schemes; calls on the Commission to provide Member States and regions with technical assistance to implement such schemes and make good use of the ESF in order to develop Youth Guarantee Schemes; emphasizes that the national sectoral partners in close cooperation with local and regional authorities should play a key role in the implementation of Youth Guarantee Schemes;

| 62. | Notes that Youth Guarantee Schemes should be accompanied by a quality framework in order to ensure the quality of these schemes and that training, apprenticeships and jobs offered include appropriate working conditions and comply with health and safety standards; considers that, in this framework, all young people should receive a personalised assessment of their needs, and be provided with tailored and personalised services; |
| --- | --- |

62.

Notes that Youth Guarantee Schemes should be accompanied by a quality framework in order to ensure the quality of these schemes and that training, apprenticeships and jobs offered include appropriate working conditions and comply with health and safety standards; considers that, in this framework, all young people should receive a personalised assessment of their needs, and be provided with tailored and personalised services;

| 63. | Welcomes the Commission’s suggestion that a multilateral surveillance of the implementation of the Youth Guarantee schemes be established through the ‘Employment Committee’ and asks for Parliament to be associated; |
| --- | --- |

63.

Welcomes the Commission’s suggestion that a multilateral surveillance of the implementation of the Youth Guarantee schemes be established through the ‘Employment Committee’ and asks for Parliament to be associated;

| 64. | Welcomes the Commission’s initiative of proposing a Council Recommendation on Youth Guarantee Schemes; calls on the Member States and regions to promote entrepreneurship and self-employment among young people and to implement specific targeted business development support programmes for young people; |
| --- | --- |

64.

Welcomes the Commission’s initiative of proposing a Council Recommendation on Youth Guarantee Schemes; calls on the Member States and regions to promote entrepreneurship and self-employment among young people and to implement specific targeted business development support programmes for young people;

| 65. | Stresses that, in January 2012, the European Council put forward a pilot action to help the eight Member States with the highest levels of youth unemployment to re-allocate some of their EU structural fund allocations to tackle youth unemployment; regrets that in May 2012 the Commission significantly lowered the estimations on available funds for reallocation from EUR 82 billion to EUR 29 800 million and thereby reduced the scope of the pilot actions; deplores the fact that only a small portion of these funds have so far been redirected to help young people find a job; |
| --- | --- |

65.

Stresses that, in January 2012, the European Council put forward a pilot action to help the eight Member States with the highest levels of youth unemployment to re-allocate some of their EU structural fund allocations to tackle youth unemployment; regrets that in May 2012 the Commission significantly lowered the estimations on available funds for reallocation from EUR 82 billion to EUR 29 800 million and thereby reduced the scope of the pilot actions; deplores the fact that only a small portion of these funds have so far been redirected to help young people find a job;

| 66. | Welcomes the proposal for greater use to be made of the European Social Fund for youth employment measures in the programming period 2014-2020; calls for the use of ESF funds for youth-related measures to be focused especially on apprenticeships/traineeships and entrepreneurship; welcomes the redeployment of unspent Structural Fund monies from the EU’s 2007-13 financial period for the purpose of tackling the high youth unemployment rate and promoting small and medium-sized enterprises; |
| --- | --- |

66.

Welcomes the proposal for greater use to be made of the European Social Fund for youth employment measures in the programming period 2014-2020; calls for the use of ESF funds for youth-related measures to be focused especially on apprenticeships/traineeships and entrepreneurship; welcomes the redeployment of unspent Structural Fund monies from the EU’s 2007-13 financial period for the purpose of tackling the high youth unemployment rate and promoting small and medium-sized enterprises;

Investing in education and training

| 67. | Stresses the importance of improving monitoring skills in specific sectors and/or regions and remedying these skills mismatches as swiftly as possible; calls the Commission and Member States to cooperate in the elaboration of the EU Skills Panorama in order to provide a comprehensive view of EU skills needs; |
| --- | --- |

67.

Stresses the importance of improving monitoring skills in specific sectors and/or regions and remedying these skills mismatches as swiftly as possible; calls the Commission and Member States to cooperate in the elaboration of the EU Skills Panorama in order to provide a comprehensive view of EU skills needs;

| 68. | Calls on the EU and Member States to foster cooperation and synergies between the education-training sector and enterprises to anticipate skills‘ needs and adapt education and training systems to the needs of the labour market with the objective of providing the workforce with the necessary skills, based on changing working environments and the individual needs of an ageing workforce, and facilitating the transition from education and training to work; |
| --- | --- |

68.

Calls on the EU and Member States to foster cooperation and synergies between the education-training sector and enterprises to anticipate skills‘ needs and adapt education and training systems to the needs of the labour market with the objective of providing the workforce with the necessary skills, based on changing working environments and the individual needs of an ageing workforce, and facilitating the transition from education and training to work;

| 69. | Calls on the Member States to provide, as a priority, for investments in education, training, the promotion of entrepreneurial skills and lifelong learning for all age groups, not only through formal learning but also through the development of non-formal and informal learning; warns of the long-term social and economic costs of cuts in education and training budgets as they hamper the exit from the crisis and reduce the competitiveness of the Member States’ economies; |
| --- | --- |

69.

Calls on the Member States to provide, as a priority, for investments in education, training, the promotion of entrepreneurial skills and lifelong learning for all age groups, not only through formal learning but also through the development of non-formal and informal learning; warns of the long-term social and economic costs of cuts in education and training budgets as they hamper the exit from the crisis and reduce the competitiveness of the Member States’ economies;

| 70. | Highlights the fact that making use of new learning opportunities and making the most of knowledge, skills and competences acquired outside formal education can play an important role in enhancing employability; underlines the importance of non-formal and informal validation; welcomes the Commission proposal for a Council recommendation inviting the Member States to establish validation systems by 2015, linked to the European Qualification Framework, including the possibility of obtaining a full or partial qualification on the basis of non-formal or informal learning; |
| --- | --- |

70.

Highlights the fact that making use of new learning opportunities and making the most of knowledge, skills and competences acquired outside formal education can play an important role in enhancing employability; underlines the importance of non-formal and informal validation; welcomes the Commission proposal for a Council recommendation inviting the Member States to establish validation systems by 2015, linked to the European Qualification Framework, including the possibility of obtaining a full or partial qualification on the basis of non-formal or informal learning;

| 71. | Encourages the effective implementation of the National Qualifications Framework as a tool promoting the development of lifelong learning; reiterates its call on the Commission to make the European Skills Passport a reality in order to ensure transparency and promote workers’ crossborder mobility; |
| --- | --- |

71.

Encourages the effective implementation of the National Qualifications Framework as a tool promoting the development of lifelong learning; reiterates its call on the Commission to make the European Skills Passport a reality in order to ensure transparency and promote workers’ crossborder mobility;

| 72. | Stresses the need to improve the quality, competence and status of teachers as a sine qua non condition for a high-performing European education and training system; calls on the Commission and the Member States to devote the necessary efforts and resources to this aim; |
| --- | --- |

72.

Stresses the need to improve the quality, competence and status of teachers as a sine qua non condition for a high-performing European education and training system; calls on the Commission and the Member States to devote the necessary efforts and resources to this aim;

More adaptive, dynamic and inclusive labour markets and better-quality employment

| 73. | Believes that labour market reforms should be aimed at increasing productivity and competitiveness and, at the same time, safeguarding job quality; calls on the European Council to pay attention to job quality in its 2013 policy guidance, in particular in relation to workers’ access to a core set of labour rights, as enshrined in the Treaties, and without prejudice to the Member States’ legislation; |
| --- | --- |

73.

Believes that labour market reforms should be aimed at increasing productivity and competitiveness and, at the same time, safeguarding job quality; calls on the European Council to pay attention to job quality in its 2013 policy guidance, in particular in relation to workers’ access to a core set of labour rights, as enshrined in the Treaties, and without prejudice to the Member States’ legislation;

| 74. | Believes that structural labour market reforms should introduce internal flexibility to maintain employment in times of economic disruption, and ensure job quality, security in employment transitions, unemployment benefit schemes based on activation requirements and linked with reintegration policies that maintain work incentives while ensuring sufficient income, contractual arrangements to combat labour market segmentation, anticipate economic restructuring, and ensure access to lifelong learning; |
| --- | --- |

74.

Believes that structural labour market reforms should introduce internal flexibility to maintain employment in times of economic disruption, and ensure job quality, security in employment transitions, unemployment benefit schemes based on activation requirements and linked with reintegration policies that maintain work incentives while ensuring sufficient income, contractual arrangements to combat labour market segmentation, anticipate economic restructuring, and ensure access to lifelong learning;

| 75. | Calls on the Member States to combat the existence and proliferation of precarious job conditions and false self-employment and to ensure that people with temporary or part-time contracts or who are self-employed have adequate social protection and access to training; |
| --- | --- |

75.

Calls on the Member States to combat the existence and proliferation of precarious job conditions and false self-employment and to ensure that people with temporary or part-time contracts or who are self-employed have adequate social protection and access to training;

| 76. | Calls on Member States to improve employment legislation where necessary and with a view to promoting stable employment relationships, supporting and developing conditions for offering more flexible working arrangements together with adequate social security levels, especially for older and younger workers, and promoting workers‘ voluntary mobility through mobility support schemes; |
| --- | --- |

76.

Calls on Member States to improve employment legislation where necessary and with a view to promoting stable employment relationships, supporting and developing conditions for offering more flexible working arrangements together with adequate social security levels, especially for older and younger workers, and promoting workers‘ voluntary mobility through mobility support schemes;

| 77. | Calls on the Commission and the Member States to address the low level of labour market participation of disadvantaged groups, including people belonging to minorities (e.g. Roma) and people with disabilities, and to respect decent living wages at all times; |
| --- | --- |

77.

Calls on the Commission and the Member States to address the low level of labour market participation of disadvantaged groups, including people belonging to minorities (e.g. Roma) and people with disabilities, and to respect decent living wages at all times;

| 78. | Calls on the Member States to increase the coverage and effectiveness of active labour market policies, in close cooperation with social partners, mutually supported by activation incentives, such as welfare-to-work programmes, and adequate benefit systems in order to maintain employability, support people back into work and safeguard decent living conditions; |
| --- | --- |

78.

Calls on the Member States to increase the coverage and effectiveness of active labour market policies, in close cooperation with social partners, mutually supported by activation incentives, such as welfare-to-work programmes, and adequate benefit systems in order to maintain employability, support people back into work and safeguard decent living conditions;

| 79. | Calls on the Member States to anticipate restructuring processes with the aim of saving jobs, fostering internal and external mobility and minimising the possible negative effects of restructuring processes; calls on the Member States effectively to implement national law and existing EU directives, such as the Collective Redundancies Directive, the Transfer of Undertakings Directive and the Information and Consultation Framework Directive, with due respect for the principle of subsidiarity; considers that EU funds should play an important role in avoiding, minimising or palliating possible negative effects of restructuring processes; |
| --- | --- |

79.

Calls on the Member States to anticipate restructuring processes with the aim of saving jobs, fostering internal and external mobility and minimising the possible negative effects of restructuring processes; calls on the Member States effectively to implement national law and existing EU directives, such as the Collective Redundancies Directive, the Transfer of Undertakings Directive and the Information and Consultation Framework Directive, with due respect for the principle of subsidiarity; considers that EU funds should play an important role in avoiding, minimising or palliating possible negative effects of restructuring processes;

| 80. | Calls on the Commission and the Member States to ensure the effective enforcement of the Directive 2000/78/EC on establishing a general framework for equal treatment in employment and occupation; |
| --- | --- |

80.

Calls on the Commission and the Member States to ensure the effective enforcement of the Directive 2000/78/EC on establishing a general framework for equal treatment in employment and occupation;

| 81. | Calls on the Commission and the Member States, in order to deepen European labour market integration, to take steps to improve mobility within and across labour markets by removing legal and administrative barriers to free movement of workers within the EU such as the transitional labour market restrictions for workers from Romania and Bulgaria and by improving the social security rights and working conditions of workers making use of their right to free movement; calls on the Member States to increase their use of EURES in order to enhance the matching of jobs and job-seekers across borders; |
| --- | --- |

81.

Calls on the Commission and the Member States, in order to deepen European labour market integration, to take steps to improve mobility within and across labour markets by removing legal and administrative barriers to free movement of workers within the EU such as the transitional labour market restrictions for workers from Romania and Bulgaria and by improving the social security rights and working conditions of workers making use of their right to free movement; calls on the Member States to increase their use of EURES in order to enhance the matching of jobs and job-seekers across borders;

| 82. | Draws attention to the increase in poverty and unemployment among all age groups; calls on the Commission and the Member States, therefore, to adopt new commitments to address this situation, especially with regard to in-work poverty, poverty among people with limited or no links to the labour market, including long-term unemployed older workers and poverty among older people; |
| --- | --- |

82.

Draws attention to the increase in poverty and unemployment among all age groups; calls on the Commission and the Member States, therefore, to adopt new commitments to address this situation, especially with regard to in-work poverty, poverty among people with limited or no links to the labour market, including long-term unemployed older workers and poverty among older people;

| 83. | Calls on the Member States to ensure that negative effects of fiscal consolidation on gender equality, female employment and poverty are reversed by adopting a gender mainstreaming approach in national budgets, addressing stronger gender-specific recommendations to Member States, and disaggregating the Europe 2020 headline targets and the corresponding national targets by gender; |
| --- | --- |

83.

Calls on the Member States to ensure that negative effects of fiscal consolidation on gender equality, female employment and poverty are reversed by adopting a gender mainstreaming approach in national budgets, addressing stronger gender-specific recommendations to Member States, and disaggregating the Europe 2020 headline targets and the corresponding national targets by gender;

Guaranteeing the quality of public services, combating poverty and promoting social inclusion

| 84. | Calls on the Member States to improve the adequacy and effectiveness of social protection systems and to ensure that these continue to act as buffers against poverty and social exclusion; notes, at the same time, that the European Social Model requires modernisation in the direction of ‘activating welfare states’, that invest in people and provide instruments and incentives with a view to creating sustainable jobs and growth as well as preventing social distortions; |
| --- | --- |

84.

Calls on the Member States to improve the adequacy and effectiveness of social protection systems and to ensure that these continue to act as buffers against poverty and social exclusion; notes, at the same time, that the European Social Model requires modernisation in the direction of ‘activating welfare states’, that invest in people and provide instruments and incentives with a view to creating sustainable jobs and growth as well as preventing social distortions;

| 85. | Calls on the Member States to implement active inclusion strategies and adequate and affordable high-quality services and pathway approaches to quality employment, with a view to preventing the marginalisation of low-income and vulnerable groups; |
| --- | --- |

85.

Calls on the Member States to implement active inclusion strategies and adequate and affordable high-quality services and pathway approaches to quality employment, with a view to preventing the marginalisation of low-income and vulnerable groups;

| 86. | Calls on the Member States to specify in their National Reform Programmes how EU funds will be used to support the attainment of national poverty targets and other social, employment and education targets ensuring the achievement of the Europe 2020 targets; |
| --- | --- |

86.

Calls on the Member States to specify in their National Reform Programmes how EU funds will be used to support the attainment of national poverty targets and other social, employment and education targets ensuring the achievement of the Europe 2020 targets;

| 87. | Calls on the EU and the Member States to ensure that any health system reform focuses on improving quality, ensuring adequacy, affordability and universal access and guaranteeing sustainability; |
| --- | --- |

87.

Calls on the EU and the Member States to ensure that any health system reform focuses on improving quality, ensuring adequacy, affordability and universal access and guaranteeing sustainability;

| 88. | Believes that targeted hiring subsidies to new recruitments among disadvantaged groups are an effective way of raise their labour participation levels; |
| --- | --- |

88.

Believes that targeted hiring subsidies to new recruitments among disadvantaged groups are an effective way of raise their labour participation levels;

| 89. | Calls on the Member States and the Commission to ensure that fiscal consolidation is compatible with the employment and social dimension of Europe 2020; |
| --- | --- |

89.

Calls on the Member States and the Commission to ensure that fiscal consolidation is compatible with the employment and social dimension of Europe 2020;

| 90. | Is concerned about the social impact of the crisis on poverty among women; calls on the Commission to assess the effects of fiscal consolidation on gender equality and female employment; |
| --- | --- |

90.

Is concerned about the social impact of the crisis on poverty among women; calls on the Commission to assess the effects of fiscal consolidation on gender equality and female employment;

| 91. | Calls on the Member States to develop measures to reduce in-work poverty, such as fostering sufficient labour market participation levels in households and facilitating upward transitions for those in low-paid or precarious jobs; calls on the Member States to combat in-work poverty by pursuing labour-market policies which aim at ensuring living wages for those in work; |
| --- | --- |

91.

Calls on the Member States to develop measures to reduce in-work poverty, such as fostering sufficient labour market participation levels in households and facilitating upward transitions for those in low-paid or precarious jobs; calls on the Member States to combat in-work poverty by pursuing labour-market policies which aim at ensuring living wages for those in work;

| 92. | Calls on the Commission to come before the competent committees of Parliament to present the AGS each year at the beginning of November, starting 4—5 November 2013, so as to allow sufficient time for Parliament to present its views in subsequent European Semesters; |
| --- | --- |

92.

Calls on the Commission to come before the competent committees of Parliament to present the AGS each year at the beginning of November, starting 4—5 November 2013, so as to allow sufficient time for Parliament to present its views in subsequent European Semesters;

Further efforts needed to enhance governance, commitment and democratic legitimacy

| 93. | Calls on the European Council and the Member States to ensure that national and regional parliaments, social partners, public authorities and civil society are closely involved in the implementation and monitoring of policy guidance under the Europe 2020 Strategy and economic governance process, in order to ensure ownership; |
| --- | --- |

93.

Calls on the European Council and the Member States to ensure that national and regional parliaments, social partners, public authorities and civil society are closely involved in the implementation and monitoring of policy guidance under the Europe 2020 Strategy and economic governance process, in order to ensure ownership;

| 94. | Calls on the European Council and the Commission to integrate the monitoring and evaluation of employment, social and education goals of the Europe 2020 Strategy more effectively in the European Semester 2013; |
| --- | --- |

94.

Calls on the European Council and the Commission to integrate the monitoring and evaluation of employment, social and education goals of the Europe 2020 Strategy more effectively in the European Semester 2013;

| 95. | Reiterates its call for increased democratic legitimacy for the European Semester; calls on the European Council to take up the concerns and proposals expressed by the European Parliament when adopting its 2013 policy guidance; |
| --- | --- |

95.

Reiterates its call for increased democratic legitimacy for the European Semester; calls on the European Council to take up the concerns and proposals expressed by the European Parliament when adopting its 2013 policy guidance;

| 96. | Calls for Parliament to be appropriately involved in the European Semester in order to represent citizens’ interests and increase the legitimacy of the social policies to be conducted by the Member States; |
| --- | --- |

96.

Calls for Parliament to be appropriately involved in the European Semester in order to represent citizens’ interests and increase the legitimacy of the social policies to be conducted by the Member States;

| 97. | Wishes to see the role of the national parliaments strengthened with regard to their involvement in the process of economic and social policy-making in the framework of the European Semester, in order to increase the legitimacy of the decisions taken; |
| --- | --- |

97.

Wishes to see the role of the national parliaments strengthened with regard to their involvement in the process of economic and social policy-making in the framework of the European Semester, in order to increase the legitimacy of the decisions taken;

| 98. | Calls for the involvement of social partners and civil society in order to increase the adequacy and effectiveness of social policies; |
| --- | --- |

98.

Calls for the involvement of social partners and civil society in order to increase the adequacy and effectiveness of social policies;

o

o o

| 99. | Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States. |
| --- | --- |

99.

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

---

(1)  Texts adopted, P7_TA(2012)0408.

(2)  Texts adopted, P7_TA(2011)0542.

(3)  OJ C 308 E, 20.10.2011, p. 116.

(4)  OJ L 308, 24.11.2010, p. 46.

(5)  Texts adopted, P7_TA(2012)0260.

(6)  See corrigendum version of 26 November 2010.

(7)  Texts adopted, P7_TA(2011)0466.

(8)  Texts adopted, P7_TA(2011)0495.

(9)  OJ L 307, 18.11.2008, p. 11

(10)  Texts adopted, P7_TA(2012)0224.

(11)  Texts adopted, P7_TA(2011)0230.

(12)  OJ C 351 E, 2.12.2011, p. 29.

(13)  OJ C 308 E, 20.10.2011, p. 6.

(14)  OJ L 303, 2.12.2000, p. 16.

(15)  Texts adopted, P7_TA(2012)0419.

(16)  OJ L 175, 10.7.1999, p. 43.

(17)  OJ L 14, 20.1.1998, p. 9.

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ANNEX

SPECIFIC RECOMMENDATIONS TO BE ADOPTED BY THE EUROPEAN COUNCIL IN ITS POLICY GUIDANCE

Europe 2020 objectives

Recommendation 1: Fulfill Europe 2020 objectives

The European Parliament considers that the yearly policy guidance to be adopted by the European Council on the basis of the AGS should aim to:

Fullfil all the objectives of the Europe 2020 Strategy for smart, sustainable and inclusive growth.

The commitments set in the National Reform Programmes 2013 must be sufficient to meet the Europe 2020 objectives.

Member States should earmark more effectively the use of their national budgets to the achievement of Europe 2020 Strategy’s objectives.

Guarantee that a sufficient level of EU funds is devoted to the achievement of the Europe 2020 objectives

Job creation through structural reforms and growth targeted investments

Recommendation 2.1 on National Job Plans

The European Parliament considers that the yearly policy guidance to be adopted by the European Council on the basis of the AGS should aim to:

Member States should submit a National Job Plan (NJP) as part of their 2013 NRPs.

NJPs must include:

| — | comprehensive measures for job creation and green employment, especially sectors with high job-creation potential |
| --- | --- |

—

comprehensive measures for job creation and green employment, especially sectors with high job-creation potential

| — | a link between employment policies and financial instruments |
| --- | --- |

—

a link between employment policies and financial instruments

| — | labour market reforms, if necessary |
| --- | --- |

—

labour market reforms, if necessary

| — | active labour market policies targeted to young unemployed, long-term unemployed, senior unemployed and other vulnerable collective groups, |
| --- | --- |

—

active labour market policies targeted to young unemployed, long-term unemployed, senior unemployed and other vulnerable collective groups,

| — | a clear timetable for rolling out the multiannual reform agenda over the next 12 months and an indication of both the fields and regions experiencing specialisation shortages and surpluses; |
| --- | --- |

—

a clear timetable for rolling out the multiannual reform agenda over the next 12 months and an indication of both the fields and regions experiencing specialisation shortages and surpluses;

Recommendation 2.2 on labour tax reforms

The European Parliament considers that the yearly policy guidance to be adopted by the European Council on the basis of the AGS should aim to:

Member States should adopt labour tax reforms that incentives employment.

Member States should consider to reduce taxation on labour, especially well targeted temporary reductions in social security contributions or job subsidy schemes for new recruits, specially on low paid and low skilled workers, long-term unemployed and other vulnerable groups, while ensuring sustainability of public pension systems in the long run.

Recommendation 2.3: fight against undeclared work

The European Parliament considers that the yearly policy guidance to be adopted by the European Council on the basis of the AGS should aim to:

Transform informal and undeclared work into regular employment amongst others by increasing the capacity of labour inspections.

Recommendation 2.4: on wage-setting systems

The European Parliament considers that the yearly policy guidance to be adopted by the European Council on the basis of the AGS should aim to:

Modernise wage-setting systems — within the framework of social dialogue with the active participation of the social partners, while respecting the diversity of national models of industrial relations — to align wages with productivity trends within the boundaries of decent living wages,

Recommendation 2.5: Reforms to guarantee the sustainability of pension systems

The European Parliament considers that the yearly policy guidance to be adopted by the European Council on the basis of the AGS should aim to:

Undertake the necessary reforms to guarantee the sustainability of the pensions systems based on:

| — | Retirement age could be evaluated considering the evolution of healthy life expectancy. |
| --- | --- |

—

Retirement age could be evaluated considering the evolution of healthy life expectancy.

| — | Raise the effective retirement age by improving working conditions, reducing early exit from the labour market (for example by introducing tax benefit policies giving incentives to stay longer at work) and enable workers to make flexible transitions from work into retirement |
| --- | --- |

—

Raise the effective retirement age by improving working conditions, reducing early exit from the labour market (for example by introducing tax benefit policies giving incentives to stay longer at work) and enable workers to make flexible transitions from work into retirement

| — | Policies to increase employment opportunities for older workers, access to life-long learning, and active healthy ageing need to be at the core of reforms in pension systems to prevent longer periods of unemployment for older workers; |
| --- | --- |

—

Policies to increase employment opportunities for older workers, access to life-long learning, and active healthy ageing need to be at the core of reforms in pension systems to prevent longer periods of unemployment for older workers;

Recommendation 2.6 on growth targeted investments

The European Parliament considers that the yearly policy guidance to be adopted by the European Council on the basis of the AGS should aim to:

Austerity programmes should not hinder employment creation measures and growth-promoting policies, neither compromise social protection.

Member States should prioritise growth-friendly investments in education, lifelong learning, research and innovation and energy efficiency.

Recommendation 2.7: exploitation of the job-creation potential of key sectors such as the green economy, health and social care, and the ICT

The European Parliament considers that the yearly policy guidance to be adopted by the European Council on the basis of the AGS should aim to:

Commission and Member States should support initiatives and investments that facilitate the development of sectors with high employment potential such as innovative industries, the green economy, services, health and social care, and the ICT

Calls on the Commission and Member States to anticipate skills needs in these sectors and investments in education and training to provide those skills and favour the adaptation of workers, especially lower skilled and older workers.

Recommendation 2.8: Structural reforms to promote job-creation amongst women

The European Parliament considers that the yearly policy guidance to be adopted by the European Council on the basis of the AGS should aim to:

Apply gender mainstreaming in the policy guidance to be adopted by the European Council

Adopt the necessary measures to promote higher employment rates among women, such as affordable care and child care, adequate maternity, paternity and parental leave schemes and flexibility in working hours and place of work;

Recommendation 2.9: on fully acomplish the Single Market

The European Parliament considers that the yearly policy guidance to be adopted by the European Council on the basis of the AGS should aim to:

Commission and the European Council should reinforce efforts to improve the Single Market, to enhance the digital economy and to focus on smart regulation to reduce unnecessary red tape. The Single Market Act II should be implemented without delay.

The Commission’s country-specific recommendations should, at the same time, offer the Member States more practical solutions for improving the functioning of the single market, so that stronger public support and political commitment are created to encourage the completion of the single market;

Recommendation 2.10: Improve the environment for businesses, specially for SMEs

The European Parliament considers that the yearly policy guidance to be adopted by the European Council on the basis of the AGS should aim to:

Member states should undertake the necessary legislative and administrative actions to improve the framework for doing business, especially for SMEs.

Commission and Member States should adopt access to finance for SMEs as an absolute priority in their policy agenda.

Member States should promote and support entrepreneurship, including social entrepreneurship, and business start-ups especially through business development programmes and access to financing.

Recommendation 2.11: fully mobilise EU funds

The European Parliament considers that the yearly policy guidance to be adopted by the European Council on the basis of the AGS should aim to:

Member States should make full use of the Structural Funds in order to enhance employability and combat youth, structural and long-term unemployment effectively and achieve Europe 2020 objectives.

Calls on the Commission to explore ways of increasing the cofinancing rate of the Structural Funds for those Member States with the highest rates of unemployment, in order to help them offset the limitations in the margin of manoeuvre of their national policies, and to help them in the financing of active labour market policies. Calls on the Commission to consider seeking additional funds for that purpose from other sources of finance.

Calls at least 25 % of Cohesion Funds to be allocated to the ESF for the programming 2014 — 2020.

Youth employment

Recommendation 3.1: Youth employment as a priority

The European Parliament considers that the yearly policy guidance to be adopted by the European Council on the basis of the AGS should aim to:

The European Council should make youth employment a priority in its 2013 policy guidance. Youth Job Plans must be presented by Members States within the National Job Programmes and the European Commission must monitor the policy targets within them.

Measures to fight youth unemployment should include:

| — | Targeted active labour-market policy measures, |
| --- | --- |

—

Targeted active labour-market policy measures,

| — | Member States and regions should implement, in close cooperation with the social partners, Youth Guarantee Schemes with the aim that every person under 25 years in the EU receives a good-quality offer of employment, continued education, an apprenticeship or a traineeship within four months of becoming unemployed or leaving formal education. Union funding should play a key role, specially the ESF, in financing these schemes. |
| --- | --- |

—

Member States and regions should implement, in close cooperation with the social partners, Youth Guarantee Schemes with the aim that every person under 25 years in the EU receives a good-quality offer of employment, continued education, an apprenticeship or a traineeship within four months of becoming unemployed or leaving formal education. Union funding should play a key role, specially the ESF, in financing these schemes.

| — | Measures tackling skills mismatches in the labour market, specially trough preventing an early drop-out from school or from apprenticeship schemes and ensuring that education and training systems provide young people with relevant skills in an efficient way, |
| --- | --- |

—

Measures tackling skills mismatches in the labour market, specially trough preventing an early drop-out from school or from apprenticeship schemes and ensuring that education and training systems provide young people with relevant skills in an efficient way,

| — | Frameworks securing the transition from education and training to work; |
| --- | --- |

—

Frameworks securing the transition from education and training to work;

| — | Promote entrepreneurship and self-employment and implement specific targeted business development support programmes for young people. |
| --- | --- |

—

Promote entrepreneurship and self-employment and implement specific targeted business development support programmes for young people.

Recommendation 3.2: on young people who are not in employment, education or training (NEET)

The European Parliament considers that the yearly policy guidance to be adopted by the European Council on the basis of the AGS should aim to:

Member States with the support of EU Institutions should develop comprehensive strategies for young people who are not in employment, education or training (NEET)

Member States and regions should promote and develop, in close cooperation with the social partners, a Youth Guarantee with the aim that every person under 25 years in the EU is offered a job, an apprenticeship, additional training or combined work and training after a maximum period of four months’ unemployment.

Commission should provide to Member States and regions with technical assistance to make good use of the ESF to develop Youth Guarantee schemes;

Recommendation 3.3: Make greater use of EU funds to fight against youth unemployment

The European Parliament considers that the yearly policy guidance to be adopted by the European Council on the basis of the AGS should aim to:

Make greater use of the European Social Fund for youth employment measures for the programming period 2014-2020;

Focus the use of ESF funds for youth related measures especially on apprenticeships/traineeships and entrepreneurship.

Invest in education and training

Recommendation 4.1: Tackle skills mismatches

The European Parliament considers that the yearly policy guidance to be adopted by the European Council on the basis of the AGS should aim to:

Better monitoring of skills needs in specific sectors and/or regions and remedy swiftly these skills mismatches.

Commission and Member States should cooperate in the elaboration of the EU Skills Panorama in order to provide a comprehensive view of EU skills needs.

Foster cooperation and synergies between the education-training sector and enterprises to anticipate skills’ needs and adapt education and training systems to the needs of the labour market with the objective to provide the workforce with necessary skills and facilitate the transition from education and training to work;

Promote the access to lifelong learning for all age groups, not only through formal learning but also through the development of non-formal and informal learning.

Establish a validation system of non-formal and informal learning by 2015 linked to the European Qualification Framework;

Implement effectively the National Qualifications Framework and make the European Skills Passport a reality.

Recommendation 4.2: Invest in education and training

The European Parliament considers that the yearly policy guidance to be adopted by the European Council on the basis of the AGS should aim to:

Ensure efficient investment in education and training while pursuing the consolidation of public finances.

Adopt measures and resources to improve the quality, competence and status of teachers.

More adaptive, dynamic and inclusive markets and more quality of employment

Recommendation 5.1 on labour market reforms

The European Parliament considers that the yearly policy guidance to be adopted by the European Council on the basis of the AGS should aim to:

Promote structural labour market reforms to increase labour productivity and efficiency in order to improve EU economy competitiveness and guarantee a sustainable growth and job creation.

Labour market reforms should be based on:

| — | Introduction of internal flexibility together with adequate level of social security, with the objective to maintain employment in times of economic distress, |
| --- | --- |

—

Introduction of internal flexibility together with adequate level of social security, with the objective to maintain employment in times of economic distress,

| — | Putting in place the conditions for combining labour and care responsibilities |
| --- | --- |

—

Putting in place the conditions for combining labour and care responsibilities

| — | Facilitate positive and secure transitions from job to job and from unemployment to employment. |
| --- | --- |

—

Facilitate positive and secure transitions from job to job and from unemployment to employment.

| — | Unemployment benefits schemes based in activation requirements and linked with effective active labour policies that maintains incentives for work whilst ensuring sufficient income, |
| --- | --- |

—

Unemployment benefits schemes based in activation requirements and linked with effective active labour policies that maintains incentives for work whilst ensuring sufficient income,

| — | Strict respect of workers’ labour and social rights |
| --- | --- |

—

Strict respect of workers’ labour and social rights

| — | Combating labour market segmentation and precarious work, |
| --- | --- |

—

Combating labour market segmentation and precarious work,

| — | Reinforced the coordination of the Social Dialogue at EU level. |
| --- | --- |

—

Reinforced the coordination of the Social Dialogue at EU level.

| — | Anticipate economic restructuring |
| --- | --- |

—

Anticipate economic restructuring

| — | Guarantee access to lifelong learning |
| --- | --- |

—

Guarantee access to lifelong learning

| — | Address low labour market participation of disadvantaged groups, including people belonging to minorities (e.g. Roma) and people with disabilities; |
| --- | --- |

—

Address low labour market participation of disadvantaged groups, including people belonging to minorities (e.g. Roma) and people with disabilities;

| — | Increase labour supply by improving geographic and skills matching with labour market needs. |
| --- | --- |

—

Increase labour supply by improving geographic and skills matching with labour market needs.

| — | Increase the coverage and effectiveness of active labour market policies, in close cooperation with social partners, mutually supported by active labour market policies, such as welfare-to-work programmes, and adequate benefit systems in order to maintain employability, support people back into work and safeguard decent living conditions; |
| --- | --- |

—

Increase the coverage and effectiveness of active labour market policies, in close cooperation with social partners, mutually supported by active labour market policies, such as welfare-to-work programmes, and adequate benefit systems in order to maintain employability, support people back into work and safeguard decent living conditions;

| — | Improve employment legislation and support and develop conditions for more flexible working arrangements, especially for older and younger workers. |
| --- | --- |

—

Improve employment legislation and support and develop conditions for more flexible working arrangements, especially for older and younger workers.

Recommendation 5.2: Promote mobility of workers

The European Parliament considers that the yearly policy guidance to be adopted by the European Council on the basis of the AGS should aim to:

Adopt policies and measures to promote mobility within and across labour markets, for example through mobility support schemes.

Remove legal and administrative obstacles and improve working conditions and social security to support free movement of workers within the EU in order to deepen the European labour market integration.

Member States should increase their use of EURES in order to enhance matching of jobs and job-seekers across borders;

Recommendation 5.3 on quality of employment

The European Parliament considers that the yearly policy guidance to be adopted by the European Council on the basis of the AGS should aim to:

The European Council should pay attention to job quality in its 2013 policy guidance, in particular in relation to workers’ access to a core set of labour rights as enshrined by the Treaties and without prejudice to the Member States legislation.

Guarantee that reforms in labour markets are implemented in such a way as to promote job quality;

Combat the existence and proliferation of precarious job conditions and false self-employment and to ensure that people with temporary or part-time contracts or who are self-employed have adequate social protection and access to training;

Ensure the effective enforcement of Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation;

Guarantee the quality of public services, combat poverty and promote social inclusion

Recommendation 6.1: Guarantee the quality of public services

The European Parliament considers that the yearly policy guidance to be adopted by the European Council on the basis of the AGS should aim to:

Ensure that fiscal consolidation is compatible with the employment and social dimension of the Europe 2020 and does not hinder the provision of public services of high quality.

Health system reforms should focus on improving quality and ensuring adequacy, affordability and universal access, and guaranteeing sustainability.

Recommendation 6.2: Combat poverty and promote social inclusion

The European Parliament considers that the yearly policy guidance to be adopted by the European Council on the basis of the AGS should aim to:

The European Council should make combating poverty and unemployment amongst all age groups, especially in-work poverty, poverty among people with limited or no links to the labour market and poverty among elderly people a priority in its policy guidance;

Improve the adequacy and effectiveness of social protection systems, and to make sure that these continue to act as buffers against poverty and social exclusion;

Implement active inclusion strategies and adequate and affordable high-quality services and pathway approaches to quality employment to prevent marginalisation of low-income and vulnerable groups;

Commission should asses the effects of fiscal consolidation on gender equality and female employment and poverty.

Ensure that negative effects of fiscal consolidation on gender equality, female employment and poverty are reversed by addressing stronger gender-specific recommendations to Member States, and disaggregating the EU 2020 headline targets and the corresponding national targets by gender.

Develop policies and measures to reduce in-work poverty such as fostering a sufficient labour market participation in the household and facilitating upward transitions for those trapped in low-paid or precarious jobs.

Member States should combat in-work poverty by pursuing labour-market policies which aim at ensuring living wages for those in work.

Member States should consider the introduction of targeted hiring subsidies to new recruitments of disadvantaged groups.

Member States should specify in their National Reform Programmes how EU funds will be used to support the national poverty targets and other social, employment and education targets, and ensure the achievement of the Europe 2020 targets;

Pursuing proportionate and differentiated growth- friendly fiscal consolidation while ensuring economic recovery and job creation

Recommendation 7:

  Pursuing proportionate and differentiated growth- friendly fiscal consolidation while ensuring economic recovery and job creation

The European Parliament considers that the yearly policy guidance to be adopted by the European Council on the basis of the AGS should aim to:

Implement fiscal consolidation programmes, in order to guarantee the sustainability of public finances, in a proportionate and differentiated growth-friendly way allowing for investments to achieve the EU2020 strategy and making full use of the flexibility that the Stability and Growth pact provides for.

Revise its fiscal multipliers to avoid systematic underestimation of the effect of fiscal consolidation on growth and job creation in a recessionary context;

Revise the rhythm of consolidation in order to differentiate across countries according to their fiscal space to avoid potential negative growth and employment effects, whilst guaranteeing debt sustainability;

Ensure coherence between the different priorities in its policy guidance, so fiscal consolidation does not compromise sustainable growth and job creation potential, increase poverty and social exclusion, or prevents the provision of public services of quality.

Attain full coherence between budgetary consolidation and proposed economic reform measures on the one hand and poverty reduction and increasing employment rates on the other;

Further efforts needed to enhance governance, commitment and democratic legitimacy

Recommendation 8: Increase democratic legitimacy for the European Semester

The European Parliament considers that the yearly policy guidance to be adopted by the European Council on the basis of the AGS should aim to:

Ensure that national and regional parliaments, social partners, public authorities and civil society are deeply involved in the implementation and monitoring of policy guidance under the Europe 2020 Strategy and economic governance process, in order to ensure ownership.

The European Parliament should be appropriately involved in the European Semester.

The European Council shall take up the concerns and proposals expressed by Parliament when adopting its 2013 policy guidance.

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| 22.1.2016 | EN | Official Journal of the European Union | C 24/75 |
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22.1.2016

EN

Official Journal of the European Union

C 24/75

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P7_TA(2013)0054

Governance of the Single Market

European Parliament resolution of 7 February 2013 with recommendations to the Commission on the governance of the Single Market (2012/2260(INL))

(2016/C 024/10)

The European Parliament,

| — | having regard to Article 225 of the Treaty on the Functioning of the European Union (TFEU), |
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—

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

| — | having regard to Article 26(3) TFEU, |
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—

having regard to Article 26(3) TFEU,

| — | having regard to the Commission Communication of 8 June 2012 entitled ‘Better Governance for the Single Market’ (COM(2012)0259), |
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—

having regard to the Commission Communication of 8 June 2012 entitled ‘Better Governance for the Single Market’ (COM(2012)0259),

| — | having regard to the Commission Communication of 28 November 2012 entitled ‘Annual Growth Survey 2013’ (COM(2012)0750) and the Commission Report entitled ‘State of the Single Market Integration 2013 — Contribution to the Annual Growth Survey 2013’ (COM(2012)0752), |
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—

having regard to the Commission Communication of 28 November 2012 entitled ‘Annual Growth Survey 2013’ (COM(2012)0750) and the Commission Report entitled ‘State of the Single Market Integration 2013 — Contribution to the Annual Growth Survey 2013’ (COM(2012)0752),

| — | having regard to the European Added Value Assessment on Better Governance of the Single Market, as a contribution to the European Semester exercise, carried out by the European Added Value Unit of the European Parliament and transmitted to its Committee on the Internal Market and Consumer Protection on 7 February 2013, |
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—

having regard to the European Added Value Assessment on Better Governance of the Single Market, as a contribution to the European Semester exercise, carried out by the European Added Value Unit of the European Parliament and transmitted to its Committee on the Internal Market and Consumer Protection on 7 February 2013,

| — | 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 the Commission Communication of 27 October 2010 entitled ‘Towards a Single Market Act for a highly competitive social market economy — 50 proposals for improving our work, business and exchanges with one another’ (COM(2010)0608), |
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—

having regard to the Commission Communication of 27 October 2010 entitled ‘Towards a Single Market Act for a highly competitive social market economy — 50 proposals for improving our work, business and exchanges with one another’ (COM(2010)0608),

| — | having regard to the Commission Communication of 13 April 2011 entitled ‘Single Market Act — Twelve levers to boost growth and strengthen confidence — “Working together to create new growth”’ (COM(2011)0206), |
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—

having regard to the Commission Communication of 13 April 2011 entitled ‘Single Market Act — Twelve levers to boost growth and strengthen confidence — “Working together to create new growth”’ (COM(2011)0206),

| — | having regard to the Commission Communication of 3 October 2012 entitled ‘Single Market Act II — Together for new growth’ (COM(2012)0573), |
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—

having regard to the Commission Communication of 3 October 2012 entitled ‘Single Market Act II — Together for new growth’ (COM(2012)0573),

| — | having regard to the Commission Communication of 8 June 2012 entitled ‘On the implementation of the Services Directive — A partnership for new growth in services 2012-2015’ (COM(2012)0261), |
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—

having regard to the Commission Communication of 8 June 2012 entitled ‘On the implementation of the Services Directive — A partnership for new growth in services 2012-2015’ (COM(2012)0261),

| — | having regard to the report to the President of the European Commission by Mario Monti of 9 May 2010 entitled ‘A New Strategy for the Single Market — At the Service of Europe’s Economy and Society’, |
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—

having regard to the report to the President of the European Commission by Mario Monti of 9 May 2010 entitled ‘A New Strategy for the Single Market — At the Service of Europe’s Economy and Society’,

| — | having regard to the Commission White Paper of 28 March 2011 entitled ‘Roadmap to a Single European Transport Area – Towards a competitive and resource efficient transport system’ (COM(2011)0144), |
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—

having regard to the Commission White Paper of 28 March 2011 entitled ‘Roadmap to a Single European Transport Area – Towards a competitive and resource efficient transport system’ (COM(2011)0144),

| — | having regard to the report of the President of the European Council of 26 June 2012 entitled ‘Towards a genuine economic and monetary union’, the interim report of 12 October 2012 and the final report of 5 December 2012 thereon, |
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—

having regard to the report of the President of the European Council of 26 June 2012 entitled ‘Towards a genuine economic and monetary union’, the interim report of 12 October 2012 and the final report of 5 December 2012 thereon,

| — | having regard to the Internal Market Scoreboard No 23 (September 2011) and Parliament’s resolution of 22 May 2012 (1) thereon, |
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—

having regard to the Internal Market Scoreboard No 23 (September 2011) and Parliament’s resolution of 22 May 2012 (1) thereon,

| — | having regard to the Internal Market Scoreboard No 25 (October 2012), |
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—

having regard to the Internal Market Scoreboard No 25 (October 2012),

| — | having regard to the Commission staff working document of 24 February 2012 entitled ‘Making the Single Market deliver — Annual governance check-up 2011’ (SWD(2012)0025), |
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—

having regard to the Commission staff working document of 24 February 2012 entitled ‘Making the Single Market deliver — Annual governance check-up 2011’ (SWD(2012)0025),

| — | having regard to the Conclusions of the Competitiveness Council of 30—31 May 2012 on the Digital Single Market and Governance of the Single Market, |
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—

having regard to the Conclusions of the Competitiveness Council of 30—31 May 2012 on the Digital Single Market and Governance of the Single Market,

| — | having regard to the deliberations of the Competitiveness Council of 10—11 October 2012 on the Single Market Act, |
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—

having regard to the deliberations of the Competitiveness Council of 10—11 October 2012 on the Single Market Act,

| — | having regard to the Conclusions of the European Council of 28—29 June 2012, |
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—

having regard to the Conclusions of the European Council of 28—29 June 2012,

| — | having regard to the Conclusions of the European Council of 18—19 October 2012, |
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—

having regard to the Conclusions of the European Council of 18—19 October 2012,

| — | having regard to the contribution and the conclusions of the XLVIII Conference of Parliamentary Committees for Union Affairs of Parliaments of the European Union (COSAC) of 14—16 October 2012, |
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—

having regard to the contribution and the conclusions of the XLVIII Conference of Parliamentary Committees for Union Affairs of Parliaments of the European Union (COSAC) of 14—16 October 2012,

| — | having regard to its resolution of 20 May 2010 on delivering a single market to consumers and citizens (2), |
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—

having regard to its resolution of 20 May 2010 on delivering a single market to consumers and citizens (2),

| — | having regard to its resolution of 6 April 2011 on governance and partnership in the single market (3), |
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—

having regard to its resolution of 6 April 2011 on governance and partnership in the single market (3),

| — | having regard to its resolution of 14 June 2012 entitled ‘Single Market Act — The Next Steps to Growth’ (4), |
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—

having regard to its resolution of 14 June 2012 entitled ‘Single Market Act — The Next Steps to Growth’ (4),

| — | having regard to its resolution of 5 July 2011 on a more efficient and fairer retail market (5), |
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—

having regard to its resolution of 5 July 2011 on a more efficient and fairer retail market (5),

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

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

| — | having regard to the report of the Committee on the Internal Market and Consumer Protection and the opinions of the Committee on Employment and Social Affairs and the Committee on Regional Development (A7-0019/2013), |
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—

having regard to the report of the Committee on the Internal Market and Consumer Protection and the opinions of the Committee on Employment and Social Affairs and the Committee on Regional Development (A7-0019/2013),

| A. | whereas a well-functioning and effective Single Market, based on a highly competitive social market economy, is needed more than ever to boost growth and competitiveness and to create jobs so as to revitalise the European economy; whereas the Single Market should work for that objective by providing a concrete response to the crisis whilst ensuring the safety of consumers and fostering social cohesion; |
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A.

whereas a well-functioning and effective Single Market, based on a highly competitive social market economy, is needed more than ever to boost growth and competitiveness and to create jobs so as to revitalise the European economy; whereas the Single Market should work for that objective by providing a concrete response to the crisis whilst ensuring the safety of consumers and fostering social cohesion;

| B. | whereas the Single Market has an indispensable role to play in meeting the objectives of the Europe 2020 Strategy for smart, sustainable and inclusive growth; |
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B.

whereas the Single Market has an indispensable role to play in meeting the objectives of the Europe 2020 Strategy for smart, sustainable and inclusive growth;

| C. | whereas, 20 years after its official creation, the Single Market has not yet been fully completed, primarily because Member States have not fully transposed or implemented the approximately 1 500 directives and around 1 000 regulations; |
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C.

whereas, 20 years after its official creation, the Single Market has not yet been fully completed, primarily because Member States have not fully transposed or implemented the approximately 1 500 directives and around 1 000 regulations;

| D. | whereas there is an urgent need to strengthen the governance of the Single Market and to improve the transposition, implementation and enforcement of the rules governing it; |
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D.

whereas there is an urgent need to strengthen the governance of the Single Market and to improve the transposition, implementation and enforcement of the rules governing it;

| E. | whereas the Single Market should be completed with the utmost determination and as quickly as possible, whilst maintaining a necessary balance between its economic, social and environmental dimensions; |
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E.

whereas the Single Market should be completed with the utmost determination and as quickly as possible, whilst maintaining a necessary balance between its economic, social and environmental dimensions;

| F. | whereas the Single Market should not be seen in isolation from other horizontal policy areas, such as consumer and worker protection, social rights, the environment and sustainable development; |
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F.

whereas the Single Market should not be seen in isolation from other horizontal policy areas, such as consumer and worker protection, social rights, the environment and sustainable development;

| G. | whereas the completion of the Single Market is the foundation for the completion of the political and economic integration process of the Union and provides the necessary link between all Member States, both euro zone members and non-members; |
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G.

whereas the completion of the Single Market is the foundation for the completion of the political and economic integration process of the Union and provides the necessary link between all Member States, both euro zone members and non-members;

| H. | whereas good governance of the Single Market and further development of the regions complement each other, could significantly improve the prospects for local and regional growth and jointly create a powerful Europe characterised by cohesion and competitiveness; whereas, in particular, European Territorial Cooperation is based on concepts similar to the Single Market in terms of promotion of cross-border interactions and mutually benefitting from regional and local infrastructures, investments and markets; whereas the Single Market could be further strengthened by addressing market deficiencies, consolidating cross-border territorial cooperation and facilitating activities and funding of local and regional authorities in the framework of territorial pacts; |
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H.

whereas good governance of the Single Market and further development of the regions complement each other, could significantly improve the prospects for local and regional growth and jointly create a powerful Europe characterised by cohesion and competitiveness; whereas, in particular, European Territorial Cooperation is based on concepts similar to the Single Market in terms of promotion of cross-border interactions and mutually benefitting from regional and local infrastructures, investments and markets; whereas the Single Market could be further strengthened by addressing market deficiencies, consolidating cross-border territorial cooperation and facilitating activities and funding of local and regional authorities in the framework of territorial pacts;

| I. | whereas, despite the political commitments given at the highest level and the efforts undertaken by the Commission and the Member States, the average transposition deficit rose from 0,7 % in 2009 to 1,2 % in February 2012 and, following some progress in the recent months, has now reached 0,9 %; whereas further efforts still have to be made since that deficit leads to distrust towards the Union in general and the Single Market in particular; |
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I.

whereas, despite the political commitments given at the highest level and the efforts undertaken by the Commission and the Member States, the average transposition deficit rose from 0,7 % in 2009 to 1,2 % in February 2012 and, following some progress in the recent months, has now reached 0,9 %; whereas further efforts still have to be made since that deficit leads to distrust towards the Union in general and the Single Market in particular;

| J. | whereas the Single Market as the backbone of the Union, and its good functioning as the basis and framework for economic and social recovery in Europe, are of the utmost importance; whereas in that context respect for social rights, in accordance with national law and practices which respect Union law, is indispensable; |
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J.

whereas the Single Market as the backbone of the Union, and its good functioning as the basis and framework for economic and social recovery in Europe, are of the utmost importance; whereas in that context respect for social rights, in accordance with national law and practices which respect Union law, is indispensable;

| K. | whereas, as indicated by the Consumer Markets Scoreboards and the Single Market integration check-up for the four freedoms, increased competition resulting from the integration process works as a powerful incentive to offer a wider variety of cheaper and higher quality products for European consumers; |
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K.

whereas, as indicated by the Consumer Markets Scoreboards and the Single Market integration check-up for the four freedoms, increased competition resulting from the integration process works as a powerful incentive to offer a wider variety of cheaper and higher quality products for European consumers;

| L. | whereas the potential economic gains from a full and proper implementation of the Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (6) amount to a growth potential of between 0,8 % and 2,6 % of gross domestic product (GDP), which would materialise between five and ten years after implementation of that Directive; |
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L.

whereas the potential economic gains from a full and proper implementation of the Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (6) amount to a growth potential of between 0,8 % and 2,6 % of gross domestic product (GDP), which would materialise between five and ten years after implementation of that Directive;

| M. | whereas the Commission estimates that the Union could gain an additional 4 % of GDP over the next ten years by stimulating the rapid development of the Single Market; |
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M.

whereas the Commission estimates that the Union could gain an additional 4 % of GDP over the next ten years by stimulating the rapid development of the Single Market;

| N. | whereas the Single Market strategy should be coordinated and based on a pragmatic, comprehensive and wide-ranging agreement supported by all the Member States and the European institutions; whereas strong leadership on the part of all European institutions and clear political ownership on the part of the Member States is still required in order to fully implement and enforce Single Market-related directives and regulations, and increase credibility of and confidence in the Single Market; |
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N.

whereas the Single Market strategy should be coordinated and based on a pragmatic, comprehensive and wide-ranging agreement supported by all the Member States and the European institutions; whereas strong leadership on the part of all European institutions and clear political ownership on the part of the Member States is still required in order to fully implement and enforce Single Market-related directives and regulations, and increase credibility of and confidence in the Single Market;

| O. | whereas the President of the European Council emphasised, in his above-mentioned report of 26 June 2012, the importance of full compatibility with the Single Market as well as openness and transparency in the process towards a deeper economic and monetary union; whereas, in the final report of 5 December 2012, the President of the European Council further underlined the importance, in the near term, of completing the Single Market as it provides a powerful tool to promote growth; |
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O.

whereas the President of the European Council emphasised, in his above-mentioned report of 26 June 2012, the importance of full compatibility with the Single Market as well as openness and transparency in the process towards a deeper economic and monetary union; whereas, in the final report of 5 December 2012, the President of the European Council further underlined the importance, in the near term, of completing the Single Market as it provides a powerful tool to promote growth;

| P. | whereas concrete actions, both at Member State and Union level, are still necessary to fully implement freedom of movement for goods, persons, services and capital in the European Union; whereas opening up new business opportunities for companies, in particular for small and medium-sized enterprises (SMEs), including by a rigorous application of the SME test within the impact assessments as carried out by the Commission and Parliament, quick progress with the smart regulation agenda and tailor-made legislation for different types of companies, where appropriate, without undermining overall objectives such as health and safety at work, could also help inject new life into Europe's economies; |
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P.

whereas concrete actions, both at Member State and Union level, are still necessary to fully implement freedom of movement for goods, persons, services and capital in the European Union; whereas opening up new business opportunities for companies, in particular for small and medium-sized enterprises (SMEs), including by a rigorous application of the SME test within the impact assessments as carried out by the Commission and Parliament, quick progress with the smart regulation agenda and tailor-made legislation for different types of companies, where appropriate, without undermining overall objectives such as health and safety at work, could also help inject new life into Europe's economies;

| Q. | whereas, in the context of the Single Market, the valuable role of one-stop shops should be recognised, including electronic and physical ones, in reducing administrative burdens and transaction costs, improving efficiency, market openness, transparency and competition, resulting in less public spending and greater opportunities for businesses including SMEs and micro-enterprises to access markets and retain and create new jobs; |
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Q.

whereas, in the context of the Single Market, the valuable role of one-stop shops should be recognised, including electronic and physical ones, in reducing administrative burdens and transaction costs, improving efficiency, market openness, transparency and competition, resulting in less public spending and greater opportunities for businesses including SMEs and micro-enterprises to access markets and retain and create new jobs;

Better legislation

| R. | whereas the Commission should aim for more horizontal coordination and coherence in the preparation of legislative proposals with relevance for the Single Market; whereas the Commission should conduct in-depth impact assessments, including territorial impact assessments, setting out convincing arguments for the need for Single Market legislation before adopting legislative proposals; |
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R.

whereas the Commission should aim for more horizontal coordination and coherence in the preparation of legislative proposals with relevance for the Single Market; whereas the Commission should conduct in-depth impact assessments, including territorial impact assessments, setting out convincing arguments for the need for Single Market legislation before adopting legislative proposals;

| S. | whereas the Commission should, in accordance with the principle of subsidiarity and wherever appropriate, and principally where there is no need for further discretion in the implementation of Union legislation, choose regulations rather than directives as the preferred legal instrument for regulating the Single Market; |
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S.

whereas the Commission should, in accordance with the principle of subsidiarity and wherever appropriate, and principally where there is no need for further discretion in the implementation of Union legislation, choose regulations rather than directives as the preferred legal instrument for regulating the Single Market;

| T. | whereas the Member States and the Commission should introduce a ‘Single Market test’ at national level with the aim of assessing whether any new national legislation may have a negative impact on the effective functioning of the Single Market; whereas the Commission should consider the feasibility of a notification system for draft national laws that may have a negative impact on the functioning of the Single Market, thus supplementing the procedure laid down in Directive 98/34/EC to create a horizontal instrument, to strengthen its preventive nature when the Commission puts forward a detailed opinion on a draft law and to ensure its application in order to remedy the unsatisfactory application of Union legislation at local level; |
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T.

whereas the Member States and the Commission should introduce a ‘Single Market test’ at national level with the aim of assessing whether any new national legislation may have a negative impact on the effective functioning of the Single Market; whereas the Commission should consider the feasibility of a notification system for draft national laws that may have a negative impact on the functioning of the Single Market, thus supplementing the procedure laid down in Directive 98/34/EC to create a horizontal instrument, to strengthen its preventive nature when the Commission puts forward a detailed opinion on a draft law and to ensure its application in order to remedy the unsatisfactory application of Union legislation at local level;

| U. | whereas it is essential that administrative cooperation between the Member States is carried out in an efficient, effective and cost-effective way, as is the case with the Internal Market Information System (IMI); whereas IMI should always be used, including in other areas, in order to strengthen its functionality and to reduce red tape, increase transparency and enable all actors in the Single Market to fully reap its benefits; |
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U.

whereas it is essential that administrative cooperation between the Member States is carried out in an efficient, effective and cost-effective way, as is the case with the Internal Market Information System (IMI); whereas IMI should always be used, including in other areas, in order to strengthen its functionality and to reduce red tape, increase transparency and enable all actors in the Single Market to fully reap its benefits;

Better transposition, implementation and application

| V. | whereas each Member State should transpose every directive in a consistent manner and adopt all transposition measures relating to the whole of a Union legislative act jointly and at the same time, in order to ensure that the national transposition of that act reflects the compromise reached at Union level, since improper and belated transposition distorts competition in the Single Market and impedes citizens and businesses from taking full advantage of the Single Market; |
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V.

whereas each Member State should transpose every directive in a consistent manner and adopt all transposition measures relating to the whole of a Union legislative act jointly and at the same time, in order to ensure that the national transposition of that act reflects the compromise reached at Union level, since improper and belated transposition distorts competition in the Single Market and impedes citizens and businesses from taking full advantage of the Single Market;

| W. | whereas there is a need to achieve more transparency of implementation and uniform application of Union law in the Member States; whereas correlation tables will become an increasingly useful tool in an integrated Single Market to reflect the national transposition of Union rules and whereas the Commission should therefore request such tables on a more frequent basis; |
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W.

whereas there is a need to achieve more transparency of implementation and uniform application of Union law in the Member States; whereas correlation tables will become an increasingly useful tool in an integrated Single Market to reflect the national transposition of Union rules and whereas the Commission should therefore request such tables on a more frequent basis;

Monitoring of implementation

| X. | whereas the exchange of experience and best practice between Member States is crucial to understanding the national mechanisms for the application of Union law and the remaining obstacles to the Single Market; whereas Member States should exchange information among themselves and with the Commission prior to transposition in order to ensure correct transposition and prevent fragmentation; whereas the monitoring of implementation of Union law is one of the core competencies of the Commission and its civil servants; whereas in order to fulfil its commitments to assist Member States with the transposition and implementation of Union legislation the Commission could initiate and coordinate a network of civil servants in charge of implementation of all new Union legislation beyond SOLVIT, thus providing a platform for exchange and peer review to cooperate closely with Member States, in order to improve the overall quality of implementation and to resolve problems concerning implementation by the Member States; whereas an exchange of national civil servants in charge of the implementation of Union law between the Member States, in order to encourage a better flow of information and best practices, should be promoted; |
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X.

whereas the exchange of experience and best practice between Member States is crucial to understanding the national mechanisms for the application of Union law and the remaining obstacles to the Single Market; whereas Member States should exchange information among themselves and with the Commission prior to transposition in order to ensure correct transposition and prevent fragmentation; whereas the monitoring of implementation of Union law is one of the core competencies of the Commission and its civil servants; whereas in order to fulfil its commitments to assist Member States with the transposition and implementation of Union legislation the Commission could initiate and coordinate a network of civil servants in charge of implementation of all new Union legislation beyond SOLVIT, thus providing a platform for exchange and peer review to cooperate closely with Member States, in order to improve the overall quality of implementation and to resolve problems concerning implementation by the Member States; whereas an exchange of national civil servants in charge of the implementation of Union law between the Member States, in order to encourage a better flow of information and best practices, should be promoted;

| Y. | whereas purely quantitative statistics on the implementation of Single Market legislation do not allow measurement of the quality of implementation and the particular impact on the Single Market of specific key instruments; whereas a political and qualitative evaluation of implementation and the progress of the Single Market is therefore required, in particular with respect to the economic relevance of new Single Market legislation and the application of existing legislation; |
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Y.

whereas purely quantitative statistics on the implementation of Single Market legislation do not allow measurement of the quality of implementation and the particular impact on the Single Market of specific key instruments; whereas a political and qualitative evaluation of implementation and the progress of the Single Market is therefore required, in particular with respect to the economic relevance of new Single Market legislation and the application of existing legislation;

| Z. | whereas such an evaluation should differentiate between non-transposition, which is a clearly identifiable failure by the Member State, and the possibility of non-conformity which can be based on a different interpretation and understanding of Union law; whereas the Treaties provide that only the European Court of Justice may ultimately and publicly establish the non-conformity of national law with Union law; whereas, therefore, no other institution may declare such non-conformity; whereas Parliament should be provided annually with a list of non-transposed or incorrectly transposed Union legislation in the Member States concerned; |
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Z.

whereas such an evaluation should differentiate between non-transposition, which is a clearly identifiable failure by the Member State, and the possibility of non-conformity which can be based on a different interpretation and understanding of Union law; whereas the Treaties provide that only the European Court of Justice may ultimately and publicly establish the non-conformity of national law with Union law; whereas, therefore, no other institution may declare such non-conformity; whereas Parliament should be provided annually with a list of non-transposed or incorrectly transposed Union legislation in the Member States concerned;

| AA. | whereas forms of conditionality in the Structural Funds relating to transposing Single Market directives in the Member States are still under negotiation in the legislative process for the adoption of the new Regulations; whereas such measures should only be used as a last resort, and whereas using the leverage of Union financial support to provide incentives for the timely transposition of Single Market rules should be properly balanced; |
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AA.

whereas forms of conditionality in the Structural Funds relating to transposing Single Market directives in the Member States are still under negotiation in the legislative process for the adoption of the new Regulations; whereas such measures should only be used as a last resort, and whereas using the leverage of Union financial support to provide incentives for the timely transposition of Single Market rules should be properly balanced;

Better enforcement

| AB. | whereas, in order to improve Single Market governance, there should be a ‘zero tolerance’ policy in relation to Member States that do not implement the rules of the Single Market properly; |
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AB.

whereas, in order to improve Single Market governance, there should be a ‘zero tolerance’ policy in relation to Member States that do not implement the rules of the Single Market properly;

| AC. | whereas infringement proceedings, as laid down in Article 258 TFEU and as implemented by the Commission, do not allow implementation and application deficiencies of Single Market provisions in Member States to be addressed and corrected in a swift manner; |
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AC.

whereas infringement proceedings, as laid down in Article 258 TFEU and as implemented by the Commission, do not allow implementation and application deficiencies of Single Market provisions in Member States to be addressed and corrected in a swift manner;

| AD. | whereas infringement proceedings have often revealed a number of limitations in terms of their suitability for meeting the expectations of individual consumers and businesses, and whereas a single, rapid and affordable means of redress at Union level should be established; |
| --- | --- |

AD.

whereas infringement proceedings have often revealed a number of limitations in terms of their suitability for meeting the expectations of individual consumers and businesses, and whereas a single, rapid and affordable means of redress at Union level should be established;

| AE. | whereas the Member States and the European Council should therefore continue the further development of infringement proceedings in the framework of future revisions of the TFEU; whereas in the meantime every effort should be made towards a more stringent use of infringement proceedings for breaches of Union law provisions in the field of the Single Market; whereas in that context faster procedures within the Commission and, where appropriate, recourse to interim proceedings before the Court of Justice, in accordance with Article 279 TFEU, should be applied more actively; whereas some Union legal acts provide for provisional measures that may be taken by national courts to prevent an imminent infringement, such as injunctions; whereas this could serve as a model for more efficient procedures and whereas the use of such provisional measures should therefore be considered in all relevant areas; |
| --- | --- |

AE.

whereas the Member States and the European Council should therefore continue the further development of infringement proceedings in the framework of future revisions of the TFEU; whereas in the meantime every effort should be made towards a more stringent use of infringement proceedings for breaches of Union law provisions in the field of the Single Market; whereas in that context faster procedures within the Commission and, where appropriate, recourse to interim proceedings before the Court of Justice, in accordance with Article 279 TFEU, should be applied more actively; whereas some Union legal acts provide for provisional measures that may be taken by national courts to prevent an imminent infringement, such as injunctions; whereas this could serve as a model for more efficient procedures and whereas the use of such provisional measures should therefore be considered in all relevant areas;

| AF. | whereas the use of the EU Pilot has had positive results in ensuring the correct application of Union law and is providing more rapid solutions to problems encountered by citizens and businesses; whereas the Commission should therefore promote the use of the EU Pilot and further improve its effectiveness, in order to better detect and correct infringements of Single Market rules without the need to draw upon time-consuming infringement proceedings; |
| --- | --- |

AF.

whereas the use of the EU Pilot has had positive results in ensuring the correct application of Union law and is providing more rapid solutions to problems encountered by citizens and businesses; whereas the Commission should therefore promote the use of the EU Pilot and further improve its effectiveness, in order to better detect and correct infringements of Single Market rules without the need to draw upon time-consuming infringement proceedings;

| AG. | whereas SOLVIT has an important role as key problem-solving tool at national level and hence in ensuring better compliance with Union law relating to the Single Market, yet the potential of SOLVIT remains under-used; whereas concrete actions to improve the visibility of SOLVIT and more intensive communication to European citizens on SOLVIT should be encouraged, in order to better exploit its potential, within the current budget; whereas more efforts should be undertaken to better integrate SOLVIT into the range of assistance services and enforcement tools available at national and Union level; whereas, in the same vein, improvements with regard to the user-friendliness and the clarity of information of the Points of Single Contact in the Member States are necessary; |
| --- | --- |

AG.

whereas SOLVIT has an important role as key problem-solving tool at national level and hence in ensuring better compliance with Union law relating to the Single Market, yet the potential of SOLVIT remains under-used; whereas concrete actions to improve the visibility of SOLVIT and more intensive communication to European citizens on SOLVIT should be encouraged, in order to better exploit its potential, within the current budget; whereas more efforts should be undertaken to better integrate SOLVIT into the range of assistance services and enforcement tools available at national and Union level; whereas, in the same vein, improvements with regard to the user-friendliness and the clarity of information of the Points of Single Contact in the Member States are necessary;

| AH. | whereas the Commission must reinforce its actions in ensuring the proper implementation and enforcement of all adopted rules in the Member States, reacting more swiftly to notices and complaints about incorrect implementation of Union law and take the necessary steps in order to remove existing inconsistencies; |
| --- | --- |

AH.

whereas the Commission must reinforce its actions in ensuring the proper implementation and enforcement of all adopted rules in the Member States, reacting more swiftly to notices and complaints about incorrect implementation of Union law and take the necessary steps in order to remove existing inconsistencies;

| AI. | whereas it is necessary that the Commission — after a political evaluation — makes firm use of all its powers and exploits all sanctioning mechanisms at its disposal to the fullest; |
| --- | --- |

AI.

whereas it is necessary that the Commission — after a political evaluation — makes firm use of all its powers and exploits all sanctioning mechanisms at its disposal to the fullest;

| AJ. | whereas the EU sweeps, which are monitoring actions coordinated by the Commission and executed at the same time in Member States by the relevant national authorities, have proven to be a useful tool in enabling the Commission and Member States to monitor with joint actions the application of existing Single Market legislation in the Member States; whereas recent sweeps detected poor compliance with consumer protection rules in the banking sector across the Union; whereas, therefore, the Commission should offer a more extensive use of EU sweeps to Member States in order to facilitate surveillance in particular by less-equipped and less-prepared national authorities; whereas coordination of EU sweep actions in other areas should be considered and whereas EU sweeps should be extended also to products and services that are offline; |
| --- | --- |

AJ.

whereas the EU sweeps, which are monitoring actions coordinated by the Commission and executed at the same time in Member States by the relevant national authorities, have proven to be a useful tool in enabling the Commission and Member States to monitor with joint actions the application of existing Single Market legislation in the Member States; whereas recent sweeps detected poor compliance with consumer protection rules in the banking sector across the Union; whereas, therefore, the Commission should offer a more extensive use of EU sweeps to Member States in order to facilitate surveillance in particular by less-equipped and less-prepared national authorities; whereas coordination of EU sweep actions in other areas should be considered and whereas EU sweeps should be extended also to products and services that are offline;

Single Market Acts

| AK. | whereas the Single Market Acts form part of the efforts to strengthen the governance of the Single Market by improving and better coordinating in particular the pre-legislative phase; |
| --- | --- |

AK.

whereas the Single Market Acts form part of the efforts to strengthen the governance of the Single Market by improving and better coordinating in particular the pre-legislative phase;

| AL. | whereas the cyclical method of submitting Single Market Acts should be viewed positively, as it enables priorities for the development of the Single Market to be regularly identified and discussed; |
| --- | --- |

AL.

whereas the cyclical method of submitting Single Market Acts should be viewed positively, as it enables priorities for the development of the Single Market to be regularly identified and discussed;

| AM. | whereas the Single Market Act constituted an important cross-cutting strategy to remedy major remaining shortcomings of the Single Market; whereas this strategy horizontally determined concrete legislative and non-legislative measures with the capacity to unleash unused growth potentials and remove obstacles to the Single Market; whereas some progress in that respect can be noted in the proposals submitted by the Commission, but further efforts in terms of long-term outlook are still necessary; whereas the Commission should, as a matter of priority, follow up the proposals already set out in the Single Market Act, in particular those concerning the horizontal instrument for market surveillance and the transparency of bank charges and non-financial information from businesses; |
| --- | --- |

AM.

whereas the Single Market Act constituted an important cross-cutting strategy to remedy major remaining shortcomings of the Single Market; whereas this strategy horizontally determined concrete legislative and non-legislative measures with the capacity to unleash unused growth potentials and remove obstacles to the Single Market; whereas some progress in that respect can be noted in the proposals submitted by the Commission, but further efforts in terms of long-term outlook are still necessary; whereas the Commission should, as a matter of priority, follow up the proposals already set out in the Single Market Act, in particular those concerning the horizontal instrument for market surveillance and the transparency of bank charges and non-financial information from businesses;

| AN. | whereas the Single Market Act II continues this approach by identifying integrated networks, the mobility of citizens and businesses, the digital economy and social entrepreneurship together with consumer confidence as the four axes for future growth; whereas legislative proposals to ensure the right to access to a basic bank account, the revision of the Directive 2007/64/EC of the European Parliament and of the Council of 13 November 2007 on payment services in the internal market (7) and facilitating long-term investment in the real economy could make an important contribution in this regard; whereas the Commission, when proposing the measures, and Parliament and the Council when discussing them should thoroughly assess each of the envisaged measures and their potentials to achieve a highly competitive social market economy and work on a swift adoption; |
| --- | --- |

AN.

whereas the Single Market Act II continues this approach by identifying integrated networks, the mobility of citizens and businesses, the digital economy and social entrepreneurship together with consumer confidence as the four axes for future growth; whereas legislative proposals to ensure the right to access to a basic bank account, the revision of the Directive 2007/64/EC of the European Parliament and of the Council of 13 November 2007 on payment services in the internal market (7) and facilitating long-term investment in the real economy could make an important contribution in this regard; whereas the Commission, when proposing the measures, and Parliament and the Council when discussing them should thoroughly assess each of the envisaged measures and their potentials to achieve a highly competitive social market economy and work on a swift adoption;

| AO. | whereas the Single Market Act should address the Union’s socio-economic problems and promote a market that is at the service of citizens; |
| --- | --- |

AO.

whereas the Single Market Act should address the Union’s socio-economic problems and promote a market that is at the service of citizens;

| AP. | whereas future horizontal approaches should look into the completion of the Digital Single Market in order to allow citizens to fully benefit from digital solutions and ensure the competitiveness of businesses in the Union; |
| --- | --- |

AP.

whereas future horizontal approaches should look into the completion of the Digital Single Market in order to allow citizens to fully benefit from digital solutions and ensure the competitiveness of businesses in the Union;

Key areas

| AQ. | whereas the Commission proposes to target its activities towards specific key areas and instruments; whereas, however, a stronger focus on a limited number of instruments and actions is necessary in order to achieve tangible improvements in the application of Single Market rules; whereas the Digital Single Market, the services sector, the energy sector, public procurement, research and innovation as well as consumer protection and increased mobility of citizens, in particular workers and professionals, figure among the most important key areas for growth; |
| --- | --- |

AQ.

whereas the Commission proposes to target its activities towards specific key areas and instruments; whereas, however, a stronger focus on a limited number of instruments and actions is necessary in order to achieve tangible improvements in the application of Single Market rules; whereas the Digital Single Market, the services sector, the energy sector, public procurement, research and innovation as well as consumer protection and increased mobility of citizens, in particular workers and professionals, figure among the most important key areas for growth;

| AR. | whereas such key areas and instruments could be reviewed on an annual basis so that the current developments in the Member States, and in particular in the areas which are economically the most relevant ones for the Single Market, as supported by evidence based evaluation, are duly reflected and taken into account in the decision-making processes of the Union’s institutions; whereas the methodology for defining the key areas for improving the functioning of the Single Market should be regularly revised, taking account of growth targets and the growth outlook; |
| --- | --- |

AR.

whereas such key areas and instruments could be reviewed on an annual basis so that the current developments in the Member States, and in particular in the areas which are economically the most relevant ones for the Single Market, as supported by evidence based evaluation, are duly reflected and taken into account in the decision-making processes of the Union’s institutions; whereas the methodology for defining the key areas for improving the functioning of the Single Market should be regularly revised, taking account of growth targets and the growth outlook;

| AS. | whereas the Member States and the Union institutions should focus on the adoption and swift implementation of legislative measures linked to key areas, which are vital for growth and job creation, as underlined in the Compact for Growth and Jobs; |
| --- | --- |

AS.

whereas the Member States and the Union institutions should focus on the adoption and swift implementation of legislative measures linked to key areas, which are vital for growth and job creation, as underlined in the Compact for Growth and Jobs;

| AT. | whereas further steps should be taken towards a regulation of financial services that provides adequate information and protection for consumers, enables a transparent assessment to be made of financial products, particularly the risky ones, and offers the possibility of alternative dispute settlement and means that ensure that consumers are properly compensated and reimbursed; |
| --- | --- |

AT.

whereas further steps should be taken towards a regulation of financial services that provides adequate information and protection for consumers, enables a transparent assessment to be made of financial products, particularly the risky ones, and offers the possibility of alternative dispute settlement and means that ensure that consumers are properly compensated and reimbursed;

| AU. | whereas a properly functioning and fully completed Single Market cannot be effective without a single, interconnected and efficient European transport system which is crucial to the smooth movement of goods, people and services: the essential and underlying freedoms for a Single Market; |
| --- | --- |

AU.

whereas a properly functioning and fully completed Single Market cannot be effective without a single, interconnected and efficient European transport system which is crucial to the smooth movement of goods, people and services: the essential and underlying freedoms for a Single Market;

| AV. | whereas a Single European Transport Area should ease the movements of citizens and freight, reduce costs and enhance the sustainability of European transport, through the completion of interoperable and sustainable trans-European transport networks, and by eliminating all residual barriers between modes and national systems while facilitating the emergence of multinational and multimodal operators; whereas, for the completion of the Single European Transport Area, rail services, maritime transport, road freight transport as well as the Single European Sky and uniform interpretation of passenger rights play a pivotal role; |
| --- | --- |

AV.

whereas a Single European Transport Area should ease the movements of citizens and freight, reduce costs and enhance the sustainability of European transport, through the completion of interoperable and sustainable trans-European transport networks, and by eliminating all residual barriers between modes and national systems while facilitating the emergence of multinational and multimodal operators; whereas, for the completion of the Single European Transport Area, rail services, maritime transport, road freight transport as well as the Single European Sky and uniform interpretation of passenger rights play a pivotal role;

A Single Market for all actors

| AW. | whereas Union citizens and, in particular students, professionals and entrepreneurs, as well as SMEs, in all Member States should be invited to make suggestions on how to best achieve the full realisation of the Single Market, and whereas all institutions should be encouraged to set up a public consultation and a dialogue with civil society in order to guarantee that the needs of the citizens, consumers and businesses are adequately taken into account and that the proposed policies provide added value for all actors; whereas proper tools for communicating Union law to citizens are needed; |
| --- | --- |

AW.

whereas Union citizens and, in particular students, professionals and entrepreneurs, as well as SMEs, in all Member States should be invited to make suggestions on how to best achieve the full realisation of the Single Market, and whereas all institutions should be encouraged to set up a public consultation and a dialogue with civil society in order to guarantee that the needs of the citizens, consumers and businesses are adequately taken into account and that the proposed policies provide added value for all actors; whereas proper tools for communicating Union law to citizens are needed;

| AX. | whereas the Single Market should focus on the rights of all stakeholders; whereas a stronger and earlier involvement of the social partners, civil society and all other stakeholders in designing, adopting, implementing and monitoring the measures needed to boost growth and citizens’ rights in the Single Market, based also on forms of online participation and e-democracy, is essential to restoring confidence in the Single Market; |
| --- | --- |

AX.

whereas the Single Market should focus on the rights of all stakeholders; whereas a stronger and earlier involvement of the social partners, civil society and all other stakeholders in designing, adopting, implementing and monitoring the measures needed to boost growth and citizens’ rights in the Single Market, based also on forms of online participation and e-democracy, is essential to restoring confidence in the Single Market;

| AY. | whereas, through local and regional self-government, local and regional actors perform many duties that are provided for in Union legislation on the Single Market, especially in the field of public procurement, state aid, services of general economic interest and concessions; whereas those policies should be properly implemented, inter alia in order to reduce error rates in cohesion policy; whereas the provision of high-quality public services for people living in every single region in the Union is a prerequisite for a dynamic and powerful Single Market, and whereas effective governance of the Single Market should therefore take account of the interests of local and regional stakeholders; |
| --- | --- |

AY.

whereas, through local and regional self-government, local and regional actors perform many duties that are provided for in Union legislation on the Single Market, especially in the field of public procurement, state aid, services of general economic interest and concessions; whereas those policies should be properly implemented, inter alia in order to reduce error rates in cohesion policy; whereas the provision of high-quality public services for people living in every single region in the Union is a prerequisite for a dynamic and powerful Single Market, and whereas effective governance of the Single Market should therefore take account of the interests of local and regional stakeholders;

| AZ. | whereas the Single Market strategy should strengthen social welfare, convergence and workers’ rights, prevent social dumping and ensure fair working conditions for all Europeans; |
| --- | --- |

AZ.

whereas the Single Market strategy should strengthen social welfare, convergence and workers’ rights, prevent social dumping and ensure fair working conditions for all Europeans;

| BA. | whereas there is a need for one easily accessible and first-line help service at the national level that businesses and citizens, including people with disabilities, can turn to when encountering obstacles in trying to make use of the rights and opportunities offered by the Single Market; whereas attention should be given to reducing obstacles to accessibility in the built environment and services so that all citizens can benefit from the Single Market; |
| --- | --- |

BA.

whereas there is a need for one easily accessible and first-line help service at the national level that businesses and citizens, including people with disabilities, can turn to when encountering obstacles in trying to make use of the rights and opportunities offered by the Single Market; whereas attention should be given to reducing obstacles to accessibility in the built environment and services so that all citizens can benefit from the Single Market;

European Semester

| BB. | whereas the European Semester provides the framework for coordination of economic policies and takes stock of the budgetary and economic situation in Member States but does not take account of the state of the Single Market despite its paramount importance for economies across all Member States; |
| --- | --- |

BB.

whereas the European Semester provides the framework for coordination of economic policies and takes stock of the budgetary and economic situation in Member States but does not take account of the state of the Single Market despite its paramount importance for economies across all Member States;

| BC. | whereas the Single Market can play an important role in promoting social cohesion in the Union; whereas the improvement of the economic governance framework should be based on a set of interconnected and mutually consistent policies that foster growth and employment, and whereas the full development of the Single Market is a prerequisite for this to happen; |
| --- | --- |

BC.

whereas the Single Market can play an important role in promoting social cohesion in the Union; whereas the improvement of the economic governance framework should be based on a set of interconnected and mutually consistent policies that foster growth and employment, and whereas the full development of the Single Market is a prerequisite for this to happen;

| BD. | whereas the Commission should monitor the completion of the Single Market and the actual implementation of the relevant measures within the annual exercise of the European Semester, taking account of the annual governance check-up and the Scoreboard reporting mechanisms; whereas, moreover, the annual monitoring should assess the extent to which consumers and businesses alike benefit from the Single Market and should report on obstacles to its functioning; |
| --- | --- |

BD.

whereas the Commission should monitor the completion of the Single Market and the actual implementation of the relevant measures within the annual exercise of the European Semester, taking account of the annual governance check-up and the Scoreboard reporting mechanisms; whereas, moreover, the annual monitoring should assess the extent to which consumers and businesses alike benefit from the Single Market and should report on obstacles to its functioning;

| BE. | whereas every spring session of the European Council should also be devoted to assessing the state of the Single Market, backed up by a monitoring process; |
| --- | --- |

BE.

whereas every spring session of the European Council should also be devoted to assessing the state of the Single Market, backed up by a monitoring process;

| BF. | whereas it is appropriate to look individually at each Member State by working in increasingly close cooperation with national parliaments in order to identify transposition, implementation and application deficits and address them in country-specific recommendations; |
| --- | --- |

BF.

whereas it is appropriate to look individually at each Member State by working in increasingly close cooperation with national parliaments in order to identify transposition, implementation and application deficits and address them in country-specific recommendations;

| BG. | whereas the Annual Growth Survey 2013 has launched the third European Semester cycle and now includes for the first time an annual report on the state of the Single Market integration; whereas this stronger focus on the Single Market in the context of the European Semester is necessary in order to better exploit its growth and employment potentials in Europe and to allow citizens and businesses to fully benefit from it; |
| --- | --- |

BG.

whereas the Annual Growth Survey 2013 has launched the third European Semester cycle and now includes for the first time an annual report on the state of the Single Market integration; whereas this stronger focus on the Single Market in the context of the European Semester is necessary in order to better exploit its growth and employment potentials in Europe and to allow citizens and businesses to fully benefit from it;

| BH. | whereas the above-mentioned report on the State of the Single Market Integration 2013 does not, however, provide any new insights on the state of play in Member States nor draw sufficiently elaborated conclusions with regard to concrete growth potential generated by the Single Market; whereas the choice of priority areas in the integration report should be backed by comprehensive data; |
| --- | --- |

BH.

whereas the above-mentioned report on the State of the Single Market Integration 2013 does not, however, provide any new insights on the state of play in Member States nor draw sufficiently elaborated conclusions with regard to concrete growth potential generated by the Single Market; whereas the choice of priority areas in the integration report should be backed by comprehensive data;

| BI. | whereas future reports on the state of the Single Market integration should therefore be clearer on current deficiencies in the Single Market, and provide more concrete guidance on possible remedies and the expected benefits, in order to enable meaningful responses by Member States; |
| --- | --- |

BI.

whereas future reports on the state of the Single Market integration should therefore be clearer on current deficiencies in the Single Market, and provide more concrete guidance on possible remedies and the expected benefits, in order to enable meaningful responses by Member States;

| BJ. | whereas the report on the State of the Single Market Integration 2013 emphasises in particular the services sector and calls, inter alia, for full compliance with the Directive 2006/123/EC; whereas this is a valid call but not compelling, if it is not accompanied by both supportive and stringent measures on the correct transposition and interpretation and full implementation of that Directive; |
| --- | --- |

BJ.

whereas the report on the State of the Single Market Integration 2013 emphasises in particular the services sector and calls, inter alia, for full compliance with the Directive 2006/123/EC; whereas this is a valid call but not compelling, if it is not accompanied by both supportive and stringent measures on the correct transposition and interpretation and full implementation of that Directive;

| BK. | whereas the report lists a number of priorities for the energy and transport markets, and whereas many of those priorities point to the lack of national and European investment and competition in some areas; whereas further research and evidence-based information is needed for these markets in order to make a strong case for specific actions and for calls made upon Member States; whereas an integrated, interoperable and accessible European transport infrastructure, the establishment of an internal energy market while ensuring robust competition and strengthening the protection of consumers, and an ambitious European industrial policy are vital for ensuring the proper functioning of the Single Market; |
| --- | --- |

BK.

whereas the report lists a number of priorities for the energy and transport markets, and whereas many of those priorities point to the lack of national and European investment and competition in some areas; whereas further research and evidence-based information is needed for these markets in order to make a strong case for specific actions and for calls made upon Member States; whereas an integrated, interoperable and accessible European transport infrastructure, the establishment of an internal energy market while ensuring robust competition and strengthening the protection of consumers, and an ambitious European industrial policy are vital for ensuring the proper functioning of the Single Market;

| BL. | whereas the digital economy is also considered as a priority area; whereas the Digital Single Market requires up-to-date and practicable transparency and consumer protection mechanisms; whereas a timely and correct transposition and implementation of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights (8) is therefore one of the essential factors for the development of the digital economy; |
| --- | --- |

BL.

whereas the digital economy is also considered as a priority area; whereas the Digital Single Market requires up-to-date and practicable transparency and consumer protection mechanisms; whereas a timely and correct transposition and implementation of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights (8) is therefore one of the essential factors for the development of the digital economy;

| BM. | whereas Union citizens have not yet benefited in full from the potential of the Single Market in many areas, in particular as regards the free movement of persons and workers; whereas labour mobility across Europe is still too low and stronger measures are needed in order to remove the remaining obstacles and to ensure the principle of equal treatment of workers within the scope of application of the Treaties and in accordance with national law and practices; |
| --- | --- |

BM.

whereas Union citizens have not yet benefited in full from the potential of the Single Market in many areas, in particular as regards the free movement of persons and workers; whereas labour mobility across Europe is still too low and stronger measures are needed in order to remove the remaining obstacles and to ensure the principle of equal treatment of workers within the scope of application of the Treaties and in accordance with national law and practices;

| BN. | whereas Directive 2011/7/UE of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transactions (9) is a fundamental instrument to reduce the huge debt of public administrations towards many companies, especially SMEs, and whereas its transposition should take place quickly and properly in order to reduce the numbers of insolvency situations; |
| --- | --- |

BN.

whereas Directive 2011/7/UE of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transactions (9) is a fundamental instrument to reduce the huge debt of public administrations towards many companies, especially SMEs, and whereas its transposition should take place quickly and properly in order to reduce the numbers of insolvency situations;

| BO. | whereas more innovative actions are needed in order to support the Single Market based on the social market economy; whereas the Annual Growth Survey 2013 brought forward an interesting proposal on the introduction of a consumer insolvency regime, and whereas this proposal should be further explored, considering that this kind of measures can play a fundamental role both for consumer protection and prevention of possible systemic risks for the financial sector; |
| --- | --- |

BO.

whereas more innovative actions are needed in order to support the Single Market based on the social market economy; whereas the Annual Growth Survey 2013 brought forward an interesting proposal on the introduction of a consumer insolvency regime, and whereas this proposal should be further explored, considering that this kind of measures can play a fundamental role both for consumer protection and prevention of possible systemic risks for the financial sector;

| BP. | whereas it is important for an ambitious consumer agenda to be drawn up, including legislative and programming measures, with a view to encouraging an average consumer to be responsible and increasing protection of vulnerable consumers; |
| --- | --- |

BP.

whereas it is important for an ambitious consumer agenda to be drawn up, including legislative and programming measures, with a view to encouraging an average consumer to be responsible and increasing protection of vulnerable consumers;

| BQ. | whereas the achievement of the objectives of the EU 2020 Strategy, at which the European Semester should aim, depends on the full development of the potential of the Single Market, on the commitment of the Union as a whole and on the effective participation of the Member States; |
| --- | --- |

BQ.

whereas the achievement of the objectives of the EU 2020 Strategy, at which the European Semester should aim, depends on the full development of the potential of the Single Market, on the commitment of the Union as a whole and on the effective participation of the Member States;

| BR. | whereas the European Semester should be even more systematically linked to the Union initiatives currently under way and should take account of the completion of the Single Market to ensure the consistency of Union economic policy, in particular to ensure the necessary convergence between countries inside and outside the euro zone; |
| --- | --- |

BR.

whereas the European Semester should be even more systematically linked to the Union initiatives currently under way and should take account of the completion of the Single Market to ensure the consistency of Union economic policy, in particular to ensure the necessary convergence between countries inside and outside the euro zone;

| BS. | whereas the quality of the national reform programmes under the European Semester varies widely in terms of substance, transparency, feasibility and completeness and those programmes should be reviewed in depth, improved and be made sufficiently ambitious to achieve the objectives of economic integration and completion of the Single Market; |
| --- | --- |

BS.

whereas the quality of the national reform programmes under the European Semester varies widely in terms of substance, transparency, feasibility and completeness and those programmes should be reviewed in depth, improved and be made sufficiently ambitious to achieve the objectives of economic integration and completion of the Single Market;

| BT. | whereas the Member States should provide information that is as detailed as possible also on the arrangements for applying and implementing the rules in the key areas of the Single Market; |
| --- | --- |

BT.

whereas the Member States should provide information that is as detailed as possible also on the arrangements for applying and implementing the rules in the key areas of the Single Market;

| BU. | whereas a new methodology needs to be applied to the European Semester, consisting of discussing Single Market priorities alongside economic and budgetary priorities, interlinking them, together with employment and social priorities, in a single, integrated coordination framework; |
| --- | --- |

BU.

whereas a new methodology needs to be applied to the European Semester, consisting of discussing Single Market priorities alongside economic and budgetary priorities, interlinking them, together with employment and social priorities, in a single, integrated coordination framework;

| BV. | whereas the country-specific recommendations should take into account the progress made and the implementing arrangements for Single Market legislation, with particular reference to the key areas and priorities identified annually; |
| --- | --- |

BV.

whereas the country-specific recommendations should take into account the progress made and the implementing arrangements for Single Market legislation, with particular reference to the key areas and priorities identified annually;

| BW. | whereas the country-specific recommendations should, at the same time, offer to the Member States more practical solutions for improving the functioning of the Single Market, in order to generate stronger public support and political commitment so as to encourage the completion of the Single Market; |
| --- | --- |

BW.

whereas the country-specific recommendations should, at the same time, offer to the Member States more practical solutions for improving the functioning of the Single Market, in order to generate stronger public support and political commitment so as to encourage the completion of the Single Market;

| BX. | whereas the evaluation of the state of the Single Market should become an integral part of the European Semester, with a Single Market Governance pillar being put in place alongside the Economic Governance pillar; whereas the proposal of the Commission to prepare an annual report on the integration of the Single Market contributing to the evidence base underpinning country-specific recommendations could lay the foundation for a future annual Single Market cycle within the European Semester; |
| --- | --- |

BX.

whereas the evaluation of the state of the Single Market should become an integral part of the European Semester, with a Single Market Governance pillar being put in place alongside the Economic Governance pillar; whereas the proposal of the Commission to prepare an annual report on the integration of the Single Market contributing to the evidence base underpinning country-specific recommendations could lay the foundation for a future annual Single Market cycle within the European Semester;

| BY. | whereas the European Semester should be introduced with the full involvement of the national parliaments and should take place without prejudice to the prerogatives of the European Parliament; |
| --- | --- |

BY.

whereas the European Semester should be introduced with the full involvement of the national parliaments and should take place without prejudice to the prerogatives of the European Parliament;

| 1. | Requests the Commission to submit as soon as possible, whilst considering as the possible legal basis all relevant provisions of the TFEU relating to the internal market, including Article 26(3) TFEU, a proposal for an act aimed at strengthening the governance of the Single Market, following the detailed recommendations set out in the Annex hereto; |
| --- | --- |

1.

Requests the Commission to submit as soon as possible, whilst considering as the possible legal basis all relevant provisions of the TFEU relating to the internal market, including Article 26(3) TFEU, a proposal for an act aimed at strengthening the governance of the Single Market, following the detailed recommendations set out in the Annex hereto;

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

2.

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

| 3. | Considers that the financial implications of the requested proposal should be covered by the existing budgetary allocations; |
| --- | --- |

3.

Considers that the financial implications of the requested proposal should be covered by the existing budgetary allocations;

o

o o

| 4. | Instructs its President to forward this resolution and the accompanying detailed recommendations to the Commission and the Council, and to the European Council and the parliaments and governments of the Member States. |
| --- | --- |

4.

Instructs its President to forward this resolution and the accompanying detailed recommendations to the Commission and the Council, and to the European Council and the parliaments and governments of the Member States.

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(1)  Texts adopted, P7_TA(2012)0211.

(2)  OJ C 161 E, 31.5.2011, p. 84.

(3)  OJ C 296 E, 2.10.2012, p. 51.

(4)  Texts adopted, P7_TA(2012)0258.

(5)  OJ C 33 E, 5.2.2013, p. 9.

(6)  OJ L 376, 27.12.2006, p. 36.

(7)  OJ L 319, 5.12.2007, p. 1.

(8)  OJ L 304, 22.11.2011, p. 64.

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

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ANNEX

DETAILED RECOMMENDATIONS AS TO THE CONTENT OF THE PROPOSAL REQUESTED

Recommendation 1: Establish a coherent framework for Single Market governance

The European Parliament considers that the legislative proposal to be submitted should aim to regulate as follows:

| — | A proposal for a legislative act aimed at strengthening the governance of the Single Market should be submitted with a view to contributing to ensuring the functioning of the Union's Single Market and to promoting inclusive economic growth in Europe. The proposal should be based on relevant TFEU provisions relating to the internal market. The Commission should also consider submitting a proposal based on Article 26(3) TFEU. |
| --- | --- |

—

A proposal for a legislative act aimed at strengthening the governance of the Single Market should be submitted with a view to contributing to ensuring the functioning of the Union's Single Market and to promoting inclusive economic growth in Europe. The proposal should be based on relevant TFEU provisions relating to the internal market. The Commission should also consider submitting a proposal based on Article 26(3) TFEU.

| — | The procedure should provide for appropriate involvement of the European Parliament in the establishment of the Single Market governance framework. It should also provide for the adoption, by the European Parliament and by the Council, of other measures necessary to strengthen Single Market governance, in particular measures addressing the areas where the Union regulatory framework has been established in accordance with the ordinary legislative procedure laid down in Article 294 TFEU. |
| --- | --- |

—

The procedure should provide for appropriate involvement of the European Parliament in the establishment of the Single Market governance framework. It should also provide for the adoption, by the European Parliament and by the Council, of other measures necessary to strengthen Single Market governance, in particular measures addressing the areas where the Union regulatory framework has been established in accordance with the ordinary legislative procedure laid down in Article 294 TFEU.

| — | The act should be without prejudice to the Single Market regulatory framework already in place or rules to be put in place in different sectors. It should also be without prejudice to the prerogatives of the institutions as set out in the Treaties, in particular the Commission, or to the obligations of the Member States based on the Treaties or deriving from the Single Market acquis. |
| --- | --- |

—

The act should be without prejudice to the Single Market regulatory framework already in place or rules to be put in place in different sectors. It should also be without prejudice to the prerogatives of the institutions as set out in the Treaties, in particular the Commission, or to the obligations of the Member States based on the Treaties or deriving from the Single Market acquis.

| — | The act should complement the Single Market regulatory framework and facilitate the transposition, implementation, application and enforcement of the rules and freedoms of the Single Market. |
| --- | --- |

—

The act should complement the Single Market regulatory framework and facilitate the transposition, implementation, application and enforcement of the rules and freedoms of the Single Market.

| — | The act should provide for the adoption of Union Single Market guidelines. Those guidelines should include objectives to be pursued, priorities for action and conditions to be ensured, and should be accompanied by working methods and procedures to be established with a view to strengthening the governance of the Single Market. |
| --- | --- |

—

The act should provide for the adoption of Union Single Market guidelines. Those guidelines should include objectives to be pursued, priorities for action and conditions to be ensured, and should be accompanied by working methods and procedures to be established with a view to strengthening the governance of the Single Market.

| — | The procedures for submission, assessment and monitoring of national action plans and for determination of Single Market-related country-specific recommendations should be formulated. |
| --- | --- |

—

The procedures for submission, assessment and monitoring of national action plans and for determination of Single Market-related country-specific recommendations should be formulated.

| — | Complementary measures necessary to improve the implementation and enforcement of the Single Market regulatory framework should be defined. |
| --- | --- |

—

Complementary measures necessary to improve the implementation and enforcement of the Single Market regulatory framework should be defined.

| — | The link between the governance cycle of the Single Market and the annual policy cycle of the European Semester should be clarified. |
| --- | --- |

—

The link between the governance cycle of the Single Market and the annual policy cycle of the European Semester should be clarified.

Recommendation 2: Determine Union objectives and priorities for action with the aim of improving the functioning of the Single Market

The European Parliament considers that the legislative proposal to be submitted should aim to regulate as follows:

| — | In order to ensure that the Single Market effectively delivers growth, creates jobs, and enhances consumer and business confidence, Union guidelines aimed at improving the functioning of the Single Market should be established. Those guidelines should include:






  (a) | objectives and priorities for action by the Union and Member States; |
| --- | --- | --- |

—

In order to ensure that the Single Market effectively delivers growth, creates jobs, and enhances consumer and business confidence, Union guidelines aimed at improving the functioning of the Single Market should be established. Those guidelines should include:

(a)

objectives and priorities for action by the Union and Member States;

| (b) | conditions to be put in place in order to further improve Single Market governance. |
| --- | --- |

(b)

conditions to be put in place in order to further improve Single Market governance.

| — | A limited set of objectives and priorities for action in areas where a better-functioning Single Market is likely to bring about the most significant gains in growth and jobs across the Union should be determined. |
| --- | --- |

—

A limited set of objectives and priorities for action in areas where a better-functioning Single Market is likely to bring about the most significant gains in growth and jobs across the Union should be determined.

| — | The selection of objectives and priorities for action should be based on the following criteria:






  (a) | Production benchmarking using a selection of key quantitative indicators covering the inputs into the production of goods and services to identify sectors which demonstrate the highest untapped potential to generate growth; |
| --- | --- | --- |

—

The selection of objectives and priorities for action should be based on the following criteria:

(a)

Production benchmarking using a selection of key quantitative indicators covering the inputs into the production of goods and services to identify sectors which demonstrate the highest untapped potential to generate growth;

| (b) | Economic importance, analysing whether the sector is significant enough in terms of economic scale to make a non-negligible impact on growth if the root causes of its untapped potential are addressed; |
| --- | --- |

(b)

Economic importance, analysing whether the sector is significant enough in terms of economic scale to make a non-negligible impact on growth if the root causes of its untapped potential are addressed;

| (c) | Dynamic factors analysing whether the sector appears to be already addressing its untapped potential, based on factors such as the sector's capacity to create employment growth and its possible convergence with benchmark labour productivity levels; |
| --- | --- |

(c)

Dynamic factors analysing whether the sector appears to be already addressing its untapped potential, based on factors such as the sector's capacity to create employment growth and its possible convergence with benchmark labour productivity levels;

| (d) | Single Market factors analysing whether there is evidence that improvements to the Single Market could harness untapped potential; |
| --- | --- |

(d)

Single Market factors analysing whether there is evidence that improvements to the Single Market could harness untapped potential;

| (e) | Factors regarding additional elements to protect and safeguard consumers, workers and citizens. |
| --- | --- |

(e)

Factors regarding additional elements to protect and safeguard consumers, workers and citizens.

Recommendation 3: Determine the conditions to be ensured to improve Single Market governance

The European Parliament considers that the legislative proposal to be submitted should aim to regulate as follows:

| — | The conditions to be put in place in order to further improve Single Market governance should include:






  (a) | The application of smart regulation principles when Single Market rules are made and implemented so as to ensure that those rules are made, transposed and implemented in such a manner that they effectively work for those for whom they are intended; |
| --- | --- | --- |

—

The conditions to be put in place in order to further improve Single Market governance should include:

(a)

The application of smart regulation principles when Single Market rules are made and implemented so as to ensure that those rules are made, transposed and implemented in such a manner that they effectively work for those for whom they are intended;

| (b) | Reduction of the level of administrative burdens, especially for small and medium-sized enterprises, to the minimum level; |
| --- | --- |

(b)

Reduction of the level of administrative burdens, especially for small and medium-sized enterprises, to the minimum level;

| (c) | Enabling businesses and citizens, where they need to comply with the procedures, to do so swiftly via electronic means; |
| --- | --- |

(c)

Enabling businesses and citizens, where they need to comply with the procedures, to do so swiftly via electronic means;

| (d) | Ensuring that businesses and citizens find information and help and have access to fast, effective and affordable redress where needed; |
| --- | --- |

(d)

Ensuring that businesses and citizens find information and help and have access to fast, effective and affordable redress where needed;

| (e) | Smarter use of information technology to inform businesses and citizens, enabling them to make use of their rights and opportunities, and better connect initiatives at national and Union level; |
| --- | --- |

(e)

Smarter use of information technology to inform businesses and citizens, enabling them to make use of their rights and opportunities, and better connect initiatives at national and Union level;

| (f) | Enhanced use of on-line tools, such as the Internal Market Information System (IMI), in cross-border cooperation between administrations; |
| --- | --- |

(f)

Enhanced use of on-line tools, such as the Internal Market Information System (IMI), in cross-border cooperation between administrations;

| (g) | Further development of the Points of Single Contact; |
| --- | --- |

(g)

Further development of the Points of Single Contact;

| (h) | Effective use of fast and effective problem-solving and redress mechanisms, including through the establishment of one easily accessible and first-line help service at national level that businesses and citizens can turn to when encountering problems in trying to make use of the rights and opportunities offered by the Single Market; |
| --- | --- |

(h)

Effective use of fast and effective problem-solving and redress mechanisms, including through the establishment of one easily accessible and first-line help service at national level that businesses and citizens can turn to when encountering problems in trying to make use of the rights and opportunities offered by the Single Market;

Recommendation 4: Define supplementary measures necessary to enhance the implementation and enforcement of the Single Market regulatory framework

The European Parliament considers that the legislative proposal to be submitted should aim to regulate as follows:

| — | In order to enhance the implementation and enforcement of the Single Market regulatory framework, the Commission should:






  (a) | Enhance its transposition assistance to Member States for directives that are yet to be transposed; |
| --- | --- | --- |

—

In order to enhance the implementation and enforcement of the Single Market regulatory framework, the Commission should:

(a)

Enhance its transposition assistance to Member States for directives that are yet to be transposed;

| (b) | Conduct systematic conformity checks and take supporting measures to make rules work in practice across Member States; |
| --- | --- |

(b)

Conduct systematic conformity checks and take supporting measures to make rules work in practice across Member States;

| (c) | For legislation that has been transposed and implemented, conduct in-depth reviews to assess how rules are implemented and work in practice, both in practical and economic terms; |
| --- | --- |

(c)

For legislation that has been transposed and implemented, conduct in-depth reviews to assess how rules are implemented and work in practice, both in practical and economic terms;

| (d) | Enhance ex-post implementation reporting focusing on compliance by Member States, and its performance assessments focusing on the efficiency of adopted policy measures; |
| --- | --- |

(d)

Enhance ex-post implementation reporting focusing on compliance by Member States, and its performance assessments focusing on the efficiency of adopted policy measures;

| (e) | Organise peer review exercises with Member States. |
| --- | --- |

(e)

Organise peer review exercises with Member States.

| — | In order to enhance the implementation and enforcement of the Single Market regulatory framework, Members States should:






  (a) | Submit to the Commission draft transposition measures, where Member States or the Commission consider it appropriate, in order to ensure also ex-ante assessment of proper transposition and to secure conformity and rapid implementation; |
| --- | --- | --- |

—

In order to enhance the implementation and enforcement of the Single Market regulatory framework, Members States should:

(a)

Submit to the Commission draft transposition measures, where Member States or the Commission consider it appropriate, in order to ensure also ex-ante assessment of proper transposition and to secure conformity and rapid implementation;

| (b) | Regularly consult stakeholders and civil society, including consumers, businesses and local and regional authorities during the transposition process and during implementation; |
| --- | --- |

(b)

Regularly consult stakeholders and civil society, including consumers, businesses and local and regional authorities during the transposition process and during implementation;

| (c) | Provide an on-line explanation of how they have transposed rules and how those rules work in practice; |
| --- | --- |

(c)

Provide an on-line explanation of how they have transposed rules and how those rules work in practice;

Recommendation 5: Provide for the submission, assessment and monitoring of national action plans

The European Parliament considers that the legislative proposal to be submitted should aim to regulate as follows:

| — | Member States should draw up and submit to the Commission national action plans aimed at implementing the Union objectives and priorities for action with a view to improving the functioning of the Single Market. The action plans should include a list of detailed measures to be undertaken and a roadmap for their implementation. |
| --- | --- |

—

Member States should draw up and submit to the Commission national action plans aimed at implementing the Union objectives and priorities for action with a view to improving the functioning of the Single Market. The action plans should include a list of detailed measures to be undertaken and a roadmap for their implementation.

| — | The national action plans should be drawn up in consultation with relevant stakeholders representing economic and social interests, as well as the interests of consumers. |
| --- | --- |

—

The national action plans should be drawn up in consultation with relevant stakeholders representing economic and social interests, as well as the interests of consumers.

| — | The Commission, in cooperation with the Internal Market Advisory Committee, should assess the national action plans and submit a summary report to the European Parliament and to the Council. |
| --- | --- |

—

The Commission, in cooperation with the Internal Market Advisory Committee, should assess the national action plans and submit a summary report to the European Parliament and to the Council.

| — | The assessment of national action plans should take account of the Internal Market Scoreboard and the Single Market Governance Report. |
| --- | --- |

—

The assessment of national action plans should take account of the Internal Market Scoreboard and the Single Market Governance Report.

| — | The Commission should monitor the progress made in the implementation of the national action plans. For that purpose, Member States should provide the Commission with all relevant information deemed necessary to assess the progress made. |
| --- | --- |

—

The Commission should monitor the progress made in the implementation of the national action plans. For that purpose, Member States should provide the Commission with all relevant information deemed necessary to assess the progress made.

| — | The submission and assessment of national action plans should be regarded as coordinated measures which, within an integrated framework, are part of an annual cycle to identify policy priorities for the full achievement of the Single Market, taking into account the economic, social and environmental dimension. |
| --- | --- |

—

The submission and assessment of national action plans should be regarded as coordinated measures which, within an integrated framework, are part of an annual cycle to identify policy priorities for the full achievement of the Single Market, taking into account the economic, social and environmental dimension.

Recommendation 6: Provide for the formulation of distinct Single Market-related country-specific recommendations

The European Parliament considers that the legislative proposal to be submitted should aim to regulate as follows:

| — | Based on the assessment of the national action plans and using other relevant Single Market tools, the Council, on a proposal from the Commission and after consulting the European Parliament, as appropriate, should formulate, on the basis of the policy priorities for action in the areas deemed to be key, Single Market-related recommendations to Member States aimed at improving the transposition, implementation and enforcement of Single Market rules. |
| --- | --- |

—

Based on the assessment of the national action plans and using other relevant Single Market tools, the Council, on a proposal from the Commission and after consulting the European Parliament, as appropriate, should formulate, on the basis of the policy priorities for action in the areas deemed to be key, Single Market-related recommendations to Member States aimed at improving the transposition, implementation and enforcement of Single Market rules.

| — | When addressing recommendations to Member States, the Council should make full use of instruments provided for in the TFEU. |
| --- | --- |

—

When addressing recommendations to Member States, the Council should make full use of instruments provided for in the TFEU.

| — | Where a Single Market-related recommendation is made, the relevant Committee of the European Parliament should have the possibility to invite representatives of the Member State concerned to participate in an exchange of views, and representatives of the Commission should have the possibility to be invited to exchange views with the parliament of that Member State. |
| --- | --- |

—

Where a Single Market-related recommendation is made, the relevant Committee of the European Parliament should have the possibility to invite representatives of the Member State concerned to participate in an exchange of views, and representatives of the Commission should have the possibility to be invited to exchange views with the parliament of that Member State.

Recommendation 7: Define a Single Market pillar of the European Semester

The European Parliament considers that the legislative proposal to be submitted should aim to regulate as follows:

| — | In order to ensure that the Single Market delivers concrete results for citizens, consumers, workers and businesses, the annual cycle of the European Semester should be used as a platform for policy guidance, reporting, monitoring of the progress made by the Member States and the Union in achieving the Single Market objectives and defining remedial action. |
| --- | --- |

—

In order to ensure that the Single Market delivers concrete results for citizens, consumers, workers and businesses, the annual cycle of the European Semester should be used as a platform for policy guidance, reporting, monitoring of the progress made by the Member States and the Union in achieving the Single Market objectives and defining remedial action.

| — | A Single Market pillar of the European Semester should be defined. |
| --- | --- |

—

A Single Market pillar of the European Semester should be defined.

| — | The Single Market pillar of the European Semester should include:






  (a) | The Internal Market Scoreboard, including detailed country-specific reports with regard to the implementation and application of Single Market legislation; |
| --- | --- | --- |

—

The Single Market pillar of the European Semester should include:

(a)

The Internal Market Scoreboard, including detailed country-specific reports with regard to the implementation and application of Single Market legislation;

| (b) | The implementing arrangements for Single Market legislation, as detailed by the Member States, with particular reference to the key areas and policy priorities identified annually; |
| --- | --- |

(b)

The implementing arrangements for Single Market legislation, as detailed by the Member States, with particular reference to the key areas and policy priorities identified annually;

| (c) | The proposals by the Commission for policy priorities for the coming year, at Union and national level, presented within the Annual Growth Survey and the annual report on the integration of the Single Market. The annual report should also provide an assessment of how the Single Market functions in practice. Those proposals on policy priorities should be based on the findings of the Internal Market Scoreboard and other Single Market monitoring instruments, in order to avoid overlap and to produce efficient and clear recommendations and to ensure the coherence of European economic policy; |
| --- | --- |

(c)

The proposals by the Commission for policy priorities for the coming year, at Union and national level, presented within the Annual Growth Survey and the annual report on the integration of the Single Market. The annual report should also provide an assessment of how the Single Market functions in practice. Those proposals on policy priorities should be based on the findings of the Internal Market Scoreboard and other Single Market monitoring instruments, in order to avoid overlap and to produce efficient and clear recommendations and to ensure the coherence of European economic policy;

| (d) | The formulation of policy priorities for action and targets to be achieved to overcome the remaining obstacles at Union and national level in the form of Single Market guidelines; |
| --- | --- |

(d)

The formulation of policy priorities for action and targets to be achieved to overcome the remaining obstacles at Union and national level in the form of Single Market guidelines;

| (e) | The submission by Member States national action plans aimed at implementing the Single Market guidelines; |
| --- | --- |

(e)

The submission by Member States national action plans aimed at implementing the Single Market guidelines;

| (f) | The assessment of national action plans by the Commission, in close cooperation with the Internal Market Advisory Committee, and taking account of the Internal Market Scoreboard and the Annual Single Market Governance Report; |
| --- | --- |

(f)

The assessment of national action plans by the Commission, in close cooperation with the Internal Market Advisory Committee, and taking account of the Internal Market Scoreboard and the Annual Single Market Governance Report;

| (g) | The adoption by the Council and the European Parliament of distinct Single Market-related recommendations to the Member States, on the basis of a proposal from the Commission. |
| --- | --- |

(g)

The adoption by the Council and the European Parliament of distinct Single Market-related recommendations to the Member States, on the basis of a proposal from the Commission.

Recommendation 8: Increase the democratic accountability and the role of the European Parliament and of national Parliaments

The European Parliament considers that the legislative proposal to be submitted should aim to regulate as follows:

| — | The European Parliament should be involved in the establishment of the Single Market governance framework in accordance with the Treaties. It should also be involved, and at least consulted by the Council, in the adoption of other measures necessary to strengthen Single Market governance, including in relation to Union objectives, priorities and planned policy actions. |
| --- | --- |

—

The European Parliament should be involved in the establishment of the Single Market governance framework in accordance with the Treaties. It should also be involved, and at least consulted by the Council, in the adoption of other measures necessary to strengthen Single Market governance, including in relation to Union objectives, priorities and planned policy actions.

| — | Before the Spring European Council, the European Parliament should discuss the Annual Growth Survey and vote on the amendments related to the annual report on the integration of the Single Market to be submitted to the European Council. |
| --- | --- |

—

Before the Spring European Council, the European Parliament should discuss the Annual Growth Survey and vote on the amendments related to the annual report on the integration of the Single Market to be submitted to the European Council.

| — | The President of the European Parliament should, at the Spring European Council meeting, present the European Parliament's views on the integration of the Single Market. |
| --- | --- |

—

The President of the European Parliament should, at the Spring European Council meeting, present the European Parliament's views on the integration of the Single Market.

| — | The Council and the Commission should be present at inter-parliamentary meetings between the European Parliament and national Parliaments when the integration of the Single Market is discussed. |
| --- | --- |

—

The Council and the Commission should be present at inter-parliamentary meetings between the European Parliament and national Parliaments when the integration of the Single Market is discussed.

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| 22.1.2016 | EN | Official Journal of the European Union | C 24/89 |
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22.1.2016

EN

Official Journal of the European Union

C 24/89

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P7_TA(2013)0055

22nd session of the United Nations Human Rights Council

European Parliament resolution of 7 February 2013 on the 22nd session of the United Nations Human Rights Council (2013/2533(RSP))

(2016/C 024/11)

The European Parliament,

| — | having regard to the Universal Declaration of Human Rights and to UN human rights conventions and optional protocols thereto, |
| --- | --- |

—

having regard to the Universal Declaration of Human Rights and to UN human rights conventions and optional protocols thereto,

| — | having regard to United Nations General Assembly Resolution 60/251 establishing the Human Rights Council (UNHRC), |
| --- | --- |

—

having regard to United Nations General Assembly Resolution 60/251 establishing the Human Rights Council (UNHRC),

| — | having regard to the United Nations Millennium Declaration of 8 September 2000 and to the UN General Assembly resolutions thereon, |
| --- | --- |

—

having regard to the United Nations Millennium Declaration of 8 September 2000 and to the UN General Assembly resolutions thereon,

| — | having regard to the European Convention on Human Rights, the European Social Charter and the EU Charter of Fundamental Rights, |
| --- | --- |

—

having regard to the European Convention on Human Rights, the European Social Charter and the EU Charter of Fundamental Rights,

| — | having regard to the EU Strategic Framework on Human Rights and Democracy and the EU Action Plan on Human Rights and Democracy, as adopted at the 3179th Foreign Affairs Council meeting of 25 June 2012, |
| --- | --- |

—

having regard to the EU Strategic Framework on Human Rights and Democracy and the EU Action Plan on Human Rights and Democracy, as adopted at the 3179th Foreign Affairs Council meeting of 25 June 2012,

| — | having regard to its recommendation to the Council of 13 June 2012 on the EU Special Representative for Human Rights (1), |
| --- | --- |

—

having regard to its recommendation to the Council of 13 June 2012 on the EU Special Representative for Human Rights (1),

| — | having regard to its previous resolutions on the United Nations Human Rights Council (UNHRC), including Parliament’s priorities in this context; having regard, in particular, to its resolution of 16 February 2012 on Parliament’s position on the 19th session of the UN Human Rights Council (2), |
| --- | --- |

—

having regard to its previous resolutions on the United Nations Human Rights Council (UNHRC), including Parliament’s priorities in this context; having regard, in particular, to its resolution of 16 February 2012 on Parliament’s position on the 19th session of the UN Human Rights Council (2),

| — | having regard to the report of the delegation from its Subcommittee on Human Rights on its visit to the 19th session of the UNHRC, and to that of the joint delegation from its Committee on Foreign Affairs, its Subcommittee on Human Rights and its Subcommittee on Security and Defence which attended the 67th session of the UN General Assembly, |
| --- | --- |

—

having regard to the report of the delegation from its Subcommittee on Human Rights on its visit to the 19th session of the UNHRC, and to that of the joint delegation from its Committee on Foreign Affairs, its Subcommittee on Human Rights and its Subcommittee on Security and Defence which attended the 67th session of the UN General Assembly,

| — | having regard to its urgency resolutions on human rights issues, |
| --- | --- |

—

having regard to its urgency resolutions on human rights issues,

| — | having regard to its resolution of 13 December 2012 on the review of the EU’s human rights strategy (3), |
| --- | --- |

—

having regard to its resolution of 13 December 2012 on the review of the EU’s human rights strategy (3),

| — | having regard to its resolution of 13 December 2012 on the Annual Report on Human Rights and Democracy in the World 2011 and the European Union’s policy on the matter (4), |
| --- | --- |

—

having regard to its resolution of 13 December 2012 on the Annual Report on Human Rights and Democracy in the World 2011 and the European Union’s policy on the matter (4),

| — | having regard to Articles 2, 3(5), 18, 21, 27 and 47 of the Treaty on European Union, |
| --- | --- |

—

having regard to Articles 2, 3(5), 18, 21, 27 and 47 of the Treaty on European Union,

| — | having regard to the forthcoming sessions of the UNHRC in 2013, in particular the 22nd regular session to be held from 25 February to 22 March 2013, |
| --- | --- |

—

having regard to the forthcoming sessions of the UNHRC in 2013, in particular the 22nd regular session to be held from 25 February to 22 March 2013,

| — | having regard to Rule 110(2) and (4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 110(2) and (4) of its Rules of Procedure,

| A. | whereas respect for, and the promotion and safeguarding of, the universality of human rights is part of the European Union’s ethical and legal acquis and one of the cornerstones of European unity and integrity (5); |
| --- | --- |

A.

whereas respect for, and the promotion and safeguarding of, the universality of human rights is part of the European Union’s ethical and legal acquis and one of the cornerstones of European unity and integrity (5);

| B. | whereas successful implementation of the EU’s recent review of its human rights strategy should enhance the EU’s credibility in the UNHRC by increasing consistency between its internal and external policies; |
| --- | --- |

B.

whereas successful implementation of the EU’s recent review of its human rights strategy should enhance the EU’s credibility in the UNHRC by increasing consistency between its internal and external policies;

| C. | whereas the EU should strive to speak out against human rights violations in united common positions in order to achieve the best possible results and should in this context continue to strengthen cooperation and enhance organisational arrangements and coordination between the Member States; |
| --- | --- |

C.

whereas the EU should strive to speak out against human rights violations in united common positions in order to achieve the best possible results and should in this context continue to strengthen cooperation and enhance organisational arrangements and coordination between the Member States;

| D. | whereas the Council of the European Union has adopted a Strategic Framework on Human Rights and Democracy and an Action Plan for its implementation, with the aim of achieving a more effective, visible and consistent EU policy in this field; |
| --- | --- |

D.

whereas the Council of the European Union has adopted a Strategic Framework on Human Rights and Democracy and an Action Plan for its implementation, with the aim of achieving a more effective, visible and consistent EU policy in this field;

| E. | whereas an EU Special Representative for Human Rights (EUSR) acting under the authority of the High Representative of the Union for Foreign Affairs and Security Policy was appointed on 25 July 2012, whose role it is to enhance the effectiveness and visibility of EU human rights policy and contribute to the implementation of the Strategic Framework and Action Plan on Human Rights and Democracy; |
| --- | --- |

E.

whereas an EU Special Representative for Human Rights (EUSR) acting under the authority of the High Representative of the Union for Foreign Affairs and Security Policy was appointed on 25 July 2012, whose role it is to enhance the effectiveness and visibility of EU human rights policy and contribute to the implementation of the Strategic Framework and Action Plan on Human Rights and Democracy;

| F. | whereas a delegation from its Subcommittee on Human Rights will travel to Geneva during the 22nd session of the UNHRC, as has been the case for previous years’ UNHRC sessions; |
| --- | --- |

F.

whereas a delegation from its Subcommittee on Human Rights will travel to Geneva during the 22nd session of the UNHRC, as has been the case for previous years’ UNHRC sessions;

| 1. | Takes note of the ongoing process of confirming EU priorities for the 22nd session of the UNHRC; welcomes the focus given by the EU to the situation in Syria, Burma/Myanmar, the Democratic People’s Republic of Korea (DPRK) and Mali, as well as its support for the extension of the mandate of the Special Rapporteur on the human rights situation in Iran; also endorses the focus on thematic issues such as freedom of thought, religion and belief, the abolition of the death penalty, the rights of the child, business and human rights, violence against women and LGBTI rights; |
| --- | --- |

1.

Takes note of the ongoing process of confirming EU priorities for the 22nd session of the UNHRC; welcomes the focus given by the EU to the situation in Syria, Burma/Myanmar, the Democratic People’s Republic of Korea (DPRK) and Mali, as well as its support for the extension of the mandate of the Special Rapporteur on the human rights situation in Iran; also endorses the focus on thematic issues such as freedom of thought, religion and belief, the abolition of the death penalty, the rights of the child, business and human rights, violence against women and LGBTI rights;

| 2. | Welcomes the fact that the agenda for the 22nd regular session includes panel discussions on human rights mainstreaming, the negative impact of the financial and economic crisis and of corruption on the enjoyment of human rights, and the commemoration of the 20th anniversary of the adoption of the Vienna Declaration and Programme of Action, interactive debates, inter alia on the rights of persons with disabilities, and extensive meetings on various issues, such as children’s right to enjoy the highest attainable standards of health; calls on the European External Action Service (EEAS) and the Member States actively to contribute to these debates and clearly to state that human rights are universal, indivisible and interdependent; |
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2.

Welcomes the fact that the agenda for the 22nd regular session includes panel discussions on human rights mainstreaming, the negative impact of the financial and economic crisis and of corruption on the enjoyment of human rights, and the commemoration of the 20th anniversary of the adoption of the Vienna Declaration and Programme of Action, interactive debates, inter alia on the rights of persons with disabilities, and extensive meetings on various issues, such as children’s right to enjoy the highest attainable standards of health; calls on the European External Action Service (EEAS) and the Member States actively to contribute to these debates and clearly to state that human rights are universal, indivisible and interdependent;

| 3. | Welcomes the reports to be presented by the Special Rapporteurs on, inter alia, the human rights situations in Iran, Burma/Myanmar and the Palestinian territories occupied since 1967, along with the written report to be presented by the High Commissioner on Human Rights on the situation of human rights in Mali, particularly the northern part of the country, as well as on housing as a component of the right to an adequate standard of living, on the right to non-discrimination in this context, on freedom of thought, religion or belief and on the promotion and protection of human rights and fundamental freedoms while countering terrorism; |
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3.

Welcomes the reports to be presented by the Special Rapporteurs on, inter alia, the human rights situations in Iran, Burma/Myanmar and the Palestinian territories occupied since 1967, along with the written report to be presented by the High Commissioner on Human Rights on the situation of human rights in Mali, particularly the northern part of the country, as well as on housing as a component of the right to an adequate standard of living, on the right to non-discrimination in this context, on freedom of thought, religion or belief and on the promotion and protection of human rights and fundamental freedoms while countering terrorism;

The work of the UN Human Rights Council

| 4. | Notes that 18 new members were elected to the UNHRC in September 2012 and took up their membership on 1 January 2013, namely Argentina, Brazil, Côte d’Ivoire, Estonia, Ethiopia, Gabon, Germany, Ireland, Japan, Kazakhstan, Kenya, Montenegro, Pakistan, the Republic of Korea, Sierra Leone, the United Arab Emirates, the United States of America, and the Bolivarian Republic of Venezuela; and notes that nine EU Member States are now UNHRC members; |
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4.

Notes that 18 new members were elected to the UNHRC in September 2012 and took up their membership on 1 January 2013, namely Argentina, Brazil, Côte d’Ivoire, Estonia, Ethiopia, Gabon, Germany, Ireland, Japan, Kazakhstan, Kenya, Montenegro, Pakistan, the Republic of Korea, Sierra Leone, the United Arab Emirates, the United States of America, and the Bolivarian Republic of Venezuela; and notes that nine EU Member States are now UNHRC members;

| 5. | Notes the election of a new President of the UNHRC, Remigiusz A. Henczel, from Poland, and of four Vice-Presidents for 2013, Cheikh Ahmed Ould Zahaf (Mauritania), Iruthisham Adam (Maldives), Luis Gallegos Chiriboga (Ecuador) and Alexandre Fasel (Switzerland); |
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5.

Notes the election of a new President of the UNHRC, Remigiusz A. Henczel, from Poland, and of four Vice-Presidents for 2013, Cheikh Ahmed Ould Zahaf (Mauritania), Iruthisham Adam (Maldives), Luis Gallegos Chiriboga (Ecuador) and Alexandre Fasel (Switzerland);

| 6. | Stresses that elections to the UNHRC need to be competitive, and expresses its opposition to the arranging of uncontested elections by regional groups; reiterates the importance of standards for UNHRC membership as regards commitment and performance in the human rights field; emphasises that UNHRC members are required to uphold the highest standards in the promotion and protection of human rights; reiterates the importance of strong and transparent criteria for reinstating suspended members; |
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6.

Stresses that elections to the UNHRC need to be competitive, and expresses its opposition to the arranging of uncontested elections by regional groups; reiterates the importance of standards for UNHRC membership as regards commitment and performance in the human rights field; emphasises that UNHRC members are required to uphold the highest standards in the promotion and protection of human rights; reiterates the importance of strong and transparent criteria for reinstating suspended members;

| 7. | Considers it regrettable that the authorities of Kazakhstan, which is a newly elected member of the UNHRC, have so far refused to allow an independent international investigation into the events in Zhanaozen, in spite of the calls made by the UN High Commissioner for Human Rights and by Parliament; |
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7.

Considers it regrettable that the authorities of Kazakhstan, which is a newly elected member of the UNHRC, have so far refused to allow an independent international investigation into the events in Zhanaozen, in spite of the calls made by the UN High Commissioner for Human Rights and by Parliament;

| 8. | Remains concerned about the phenomenon of ‘bloc politics’ and its effect on the credibility of the UNHRC and the effectiveness of its work; |
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8.

Remains concerned about the phenomenon of ‘bloc politics’ and its effect on the credibility of the UNHRC and the effectiveness of its work;

| 9. | Welcomes the appointment by the UN General Assembly of Navanethem Pillay for a second term as High Commissioner for Human Rights; reiterates its strong support for the Office of the High Commissioner for Human Rights (OHCHR), and for its independence and integrity; |
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9.

Welcomes the appointment by the UN General Assembly of Navanethem Pillay for a second term as High Commissioner for Human Rights; reiterates its strong support for the Office of the High Commissioner for Human Rights (OHCHR), and for its independence and integrity;

| 10. | Commends the High Commissioner for Human Rights for her efforts in the treaty body strengthening process and welcomes her report on this issue published on 22 June 2012; reaffirms the multi-stakeholder nature of the treaty bodies and emphasises that civil society needs to be continuously included in these processes; stresses, furthermore, that the independence and effectiveness of the treaty bodies must be preserved and enhanced; emphasises that sufficient funding needs to be secured in order to cover the treaty bodies’ increasing workload; calls for the EU to adopt a leadership role in ensuring the effective functioning of the treaty body system, including with regard to adequate funding; |
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10.

Commends the High Commissioner for Human Rights for her efforts in the treaty body strengthening process and welcomes her report on this issue published on 22 June 2012; reaffirms the multi-stakeholder nature of the treaty bodies and emphasises that civil society needs to be continuously included in these processes; stresses, furthermore, that the independence and effectiveness of the treaty bodies must be preserved and enhanced; emphasises that sufficient funding needs to be secured in order to cover the treaty bodies’ increasing workload; calls for the EU to adopt a leadership role in ensuring the effective functioning of the treaty body system, including with regard to adequate funding;

Arab Spring countries

| 11. | Condemns in the strongest terms the increasing and indiscriminate violence used by the Assad regime against the Syrian population, including the use of heavy artillery and shelling against populated areas, summary executions and enforced disappearances; condemns unequivocally the continued systematic human rights violations by the regime, which may amount to crimes against humanity; expresses grave concern about the continuously deteriorating situation for the civilian population; condemns, furthermore, human rights violations committed by opposition groups and forces; calls on all armed actors to put an immediate end to the violence in Syria; and reiterates its call for the Assad regime to step down immediately and for the initiation of a peaceful process of political transition; urges all parties to the conflict to ensure full and secure cross-border access for international humanitarian aid efforts; |
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11.

Condemns in the strongest terms the increasing and indiscriminate violence used by the Assad regime against the Syrian population, including the use of heavy artillery and shelling against populated areas, summary executions and enforced disappearances; condemns unequivocally the continued systematic human rights violations by the regime, which may amount to crimes against humanity; expresses grave concern about the continuously deteriorating situation for the civilian population; condemns, furthermore, human rights violations committed by opposition groups and forces; calls on all armed actors to put an immediate end to the violence in Syria; and reiterates its call for the Assad regime to step down immediately and for the initiation of a peaceful process of political transition; urges all parties to the conflict to ensure full and secure cross-border access for international humanitarian aid efforts;

| 12. | Expresses its concern about the effects of the Syrian crisis on security and stability in the region; calls on the Commission and the Member States to provide assistance to the countries in the region in their efforts to provide humanitarian relief for refugees from Syria; |
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12.

Expresses its concern about the effects of the Syrian crisis on security and stability in the region; calls on the Commission and the Member States to provide assistance to the countries in the region in their efforts to provide humanitarian relief for refugees from Syria;

| 13. | Welcomes the continued attention given by the UNHRC to the dire human rights and humanitarian situation in Syria, as evidenced by the resolutions on the situation in that country adopted at the UNHRC’s 19th, 20th and 21st sessions and at its Special Session on Syria held on 1 June 2012; urges the EEAS and the Member States to ensure that the situation in Syria continues to be treated with the highest priority within the UN framework, notably in the UNHCR; reiterates the importance of ensuring accountability for violations of international human rights and humanitarian law that have been committed during the conflict; |
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13.

Welcomes the continued attention given by the UNHRC to the dire human rights and humanitarian situation in Syria, as evidenced by the resolutions on the situation in that country adopted at the UNHRC’s 19th, 20th and 21st sessions and at its Special Session on Syria held on 1 June 2012; urges the EEAS and the Member States to ensure that the situation in Syria continues to be treated with the highest priority within the UN framework, notably in the UNHCR; reiterates the importance of ensuring accountability for violations of international human rights and humanitarian law that have been committed during the conflict;

| 14. | Expresses its full support for the Independent Commission of Inquiry on Syria and for the UNHRC’s extension of its mandate; stresses the importance of the admissibility of digital evidence of crimes, violence and human rights violations; welcomes the appointment of Carla del Ponte and Vitit Muntarbhorn as new members, and the appointment of Paolo Pinheiro as Special Rapporteur on Syria, who will start his work once the mandate of the Commission of Inquiry ends; welcomes the Commission’s report exposing the atrocities carried out in Syria; |
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14.

Expresses its full support for the Independent Commission of Inquiry on Syria and for the UNHRC’s extension of its mandate; stresses the importance of the admissibility of digital evidence of crimes, violence and human rights violations; welcomes the appointment of Carla del Ponte and Vitit Muntarbhorn as new members, and the appointment of Paolo Pinheiro as Special Rapporteur on Syria, who will start his work once the mandate of the Commission of Inquiry ends; welcomes the Commission’s report exposing the atrocities carried out in Syria;

| 15. | Considers it regrettable that agreement has not yet been reached on the adoption of a resolution in the UN Security Council (UNSC) on the situation in Syria and, in particular, that this is stifling the ability to exert effective pressure with a view to ending the violence in the country; calls on the UNSC members to bear in mind their responsibility towards the Syrian people; commends the diplomatic efforts of the VP/HR and the EU Member States in engaging China and Russia on this issue; calls on them to continue with these efforts; also reminds all UN member states of the ‘responsibility to protect’ principle embraced by the UN General Assembly; calls on all states to work on a UNSC referral of the situation in Syria to the International Criminal Court (ICC), and welcomes the Swiss-led initiative of a joint letter on behalf of 58 countries, including 26 EU Member States, in this direction; urges the EU High Representative personally to engage in building a large and inclusive international coalition to support such a referral; |
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15.

Considers it regrettable that agreement has not yet been reached on the adoption of a resolution in the UN Security Council (UNSC) on the situation in Syria and, in particular, that this is stifling the ability to exert effective pressure with a view to ending the violence in the country; calls on the UNSC members to bear in mind their responsibility towards the Syrian people; commends the diplomatic efforts of the VP/HR and the EU Member States in engaging China and Russia on this issue; calls on them to continue with these efforts; also reminds all UN member states of the ‘responsibility to protect’ principle embraced by the UN General Assembly; calls on all states to work on a UNSC referral of the situation in Syria to the International Criminal Court (ICC), and welcomes the Swiss-led initiative of a joint letter on behalf of 58 countries, including 26 EU Member States, in this direction; urges the EU High Representative personally to engage in building a large and inclusive international coalition to support such a referral;

| 16. | Welcomes the final written report by the Independent Commission of Inquiry (COI) on Libya, presented during the UNHRC’s 19th session, which highlighted human rights violations committed in that country; urges the UNHRC to express concern at ongoing violations, to continue to monitor the situation and to request that the High Commissioner report on the human rights situation in Libya; |
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16.

Welcomes the final written report by the Independent Commission of Inquiry (COI) on Libya, presented during the UNHRC’s 19th session, which highlighted human rights violations committed in that country; urges the UNHRC to express concern at ongoing violations, to continue to monitor the situation and to request that the High Commissioner report on the human rights situation in Libya;

| 17. | Calls on the United Arab Emirates, as a newly elected member of the Human Rights Council and one of the 14 states to have their human rights records reviewed by the Universal Periodic Review Working Group session, to put an end to the current crackdown on peaceful human rights defenders and political activists and to honour its commitments to uphold the highest standards in the promotion and protection of human rights; |
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17.

Calls on the United Arab Emirates, as a newly elected member of the Human Rights Council and one of the 14 states to have their human rights records reviewed by the Universal Periodic Review Working Group session, to put an end to the current crackdown on peaceful human rights defenders and political activists and to honour its commitments to uphold the highest standards in the promotion and protection of human rights;

| 18. | Expresses concern about the situation of human rights defenders and political opposition activists in Bahrain; reiterates its call for the EU Member States to work towards the adoption during the 22nd session of the UNHRC of a resolution on the human rights situation in Bahrain, which would include the establishment of an international mechanism in order to monitor the implementation of the recommendations of the Bahrain Independent Commission of Inquiry, including those concerning human rights defenders; |
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18.

Expresses concern about the situation of human rights defenders and political opposition activists in Bahrain; reiterates its call for the EU Member States to work towards the adoption during the 22nd session of the UNHRC of a resolution on the human rights situation in Bahrain, which would include the establishment of an international mechanism in order to monitor the implementation of the recommendations of the Bahrain Independent Commission of Inquiry, including those concerning human rights defenders;

| 19. | Welcomes the resolution adopted by the UNHRC in October 2012 on technical assistance and capacity building for Yemen in the field of human rights and the establishment of an OHCHR Country Office in Yemen; urges the UNHRC to continue to monitor the situation in the country; |
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19.

Welcomes the resolution adopted by the UNHRC in October 2012 on technical assistance and capacity building for Yemen in the field of human rights and the establishment of an OHCHR Country Office in Yemen; urges the UNHRC to continue to monitor the situation in the country;

| 20. | Expresses deep concern about the ongoing political instability and the current resurgence of violence in Egypt; fully supports a transition to a democratic society, based on the rule of law and a constitutional framework, which fully respects human rights and fundamental freedoms, in particular the freedom of expression, women’s rights and respect for minorities; urges the Egyptian authorities to start a transparent investigation into the use of violence by security forces and the police against protesters and to ensure accountability for human rights violations; reiterates the EU’s position against the death penalty and calls, in this connection, for a moratorium on the execution of death penalties in Egypt, including in the case of the 21 people recently sentenced to death for last year’s Port Said football stadium disaster; |
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20.

Expresses deep concern about the ongoing political instability and the current resurgence of violence in Egypt; fully supports a transition to a democratic society, based on the rule of law and a constitutional framework, which fully respects human rights and fundamental freedoms, in particular the freedom of expression, women’s rights and respect for minorities; urges the Egyptian authorities to start a transparent investigation into the use of violence by security forces and the police against protesters and to ensure accountability for human rights violations; reiterates the EU’s position against the death penalty and calls, in this connection, for a moratorium on the execution of death penalties in Egypt, including in the case of the 21 people recently sentenced to death for last year’s Port Said football stadium disaster;

| 21. | Expresses its concern at the continued violation of human rights in Western Sahara; calls for the protection of the fundamental rights of the people of Western Sahara, including freedom of association, freedom of expression and the right to demonstrate; demands the release of all Sahrawi political prisoners; welcomes the establishment of a Special Envoy for the Sahel and stresses the need for international monitoring of the human rights situation in Western Sahara; supports a fair and lasting settlement of the conflict on the basis of the right to self-determination of the Sahrawi people, in accordance with the relevant United Nations resolutions; |
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21.

Expresses its concern at the continued violation of human rights in Western Sahara; calls for the protection of the fundamental rights of the people of Western Sahara, including freedom of association, freedom of expression and the right to demonstrate; demands the release of all Sahrawi political prisoners; welcomes the establishment of a Special Envoy for the Sahel and stresses the need for international monitoring of the human rights situation in Western Sahara; supports a fair and lasting settlement of the conflict on the basis of the right to self-determination of the Sahrawi people, in accordance with the relevant United Nations resolutions;

Other issues

| 22. | Welcomes the UNHRC’s decision to appoint a Special Rapporteur on the human rights situation in Belarus, and takes note of the cross-regional support for the resolution establishing this mandate, which illustrates that the dire human rights situation in that country is being acknowledged by states all over the world; |
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22.

Welcomes the UNHRC’s decision to appoint a Special Rapporteur on the human rights situation in Belarus, and takes note of the cross-regional support for the resolution establishing this mandate, which illustrates that the dire human rights situation in that country is being acknowledged by states all over the world;

| 23. | Welcomes the extension of the mandates of the independent experts on Côte d’Ivoire, Haiti and Somalia; urges the authorities of these countries to cooperate fully with the mandate-holders; |
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23.

Welcomes the extension of the mandates of the independent experts on Côte d’Ivoire, Haiti and Somalia; urges the authorities of these countries to cooperate fully with the mandate-holders;

| 24. | Calls for the extension of the mandate of the Special Rapporteur on the human rights situation in Iran; |
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24.

Calls for the extension of the mandate of the Special Rapporteur on the human rights situation in Iran;

| 25. | Calls for the extension of the mandate of the Special Rapporteur on the human rights situation in the Democratic People’s Republic of Korea (DPRK) for another year; welcomes the fact that the resolution on the DPRK was adopted by consensus, which illustrates the strong level of support for the mandate; urges the Government of the DPRK to cooperate fully with the Rapporteur and facilitate his visits to the country; urges the UNHRC to act on the call by the High Commissioner for Human Rights to establish an international commission of inquiry into serious crimes that have been taking place in the DPRK for decades; |
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25.

Calls for the extension of the mandate of the Special Rapporteur on the human rights situation in the Democratic People’s Republic of Korea (DPRK) for another year; welcomes the fact that the resolution on the DPRK was adopted by consensus, which illustrates the strong level of support for the mandate; urges the Government of the DPRK to cooperate fully with the Rapporteur and facilitate his visits to the country; urges the UNHRC to act on the call by the High Commissioner for Human Rights to establish an international commission of inquiry into serious crimes that have been taking place in the DPRK for decades;

| 26. | Welcomes the resolution adopted by the UNHRC on Burma/Myanmar and calls for the extension of the mandate of the Special Rapporteur on the human rights situation in that country; notes the steps taken by the Burmese Government since early 2011 to restore civil liberties in the country; expresses grave concern, however, about the heavy civilian casualties resulting from the military operations in Kashin State as well as the upsurge in communal violence in Rakhine State and the subsequent deaths and injuries, destruction of property and displacement of local populations; believes that the underlying cause of the situation lies in the long-standing discriminatory policies against the Rohingya and Kashin populations; stresses that greater efforts are needed in order to solve the root cause of the problem; urges the Government of Myanmar to accelerate the implementation of its commitment to establishing an OHCHR Country Office in Myanmar and stresses that continued reporting and monitoring by the Special Rapporteur should be maintained in the current context; |
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26.

Welcomes the resolution adopted by the UNHRC on Burma/Myanmar and calls for the extension of the mandate of the Special Rapporteur on the human rights situation in that country; notes the steps taken by the Burmese Government since early 2011 to restore civil liberties in the country; expresses grave concern, however, about the heavy civilian casualties resulting from the military operations in Kashin State as well as the upsurge in communal violence in Rakhine State and the subsequent deaths and injuries, destruction of property and displacement of local populations; believes that the underlying cause of the situation lies in the long-standing discriminatory policies against the Rohingya and Kashin populations; stresses that greater efforts are needed in order to solve the root cause of the problem; urges the Government of Myanmar to accelerate the implementation of its commitment to establishing an OHCHR Country Office in Myanmar and stresses that continued reporting and monitoring by the Special Rapporteur should be maintained in the current context;

| 27. | Welcomes also the resolution on Sri Lanka emphasising reconciliation and accountability in that country; reiterates its support for the recommendations made by the UN Secretary-General’s Panel of Experts on Sri Lanka, including the strict upholding of the independence of the judiciary with a view, inter alia, to the effective prosecution of past war crimes; |
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27.

Welcomes also the resolution on Sri Lanka emphasising reconciliation and accountability in that country; reiterates its support for the recommendations made by the UN Secretary-General’s Panel of Experts on Sri Lanka, including the strict upholding of the independence of the judiciary with a view, inter alia, to the effective prosecution of past war crimes;

| 28. | Welcomes the resolution adopted at the 20th session of the UNHCR establishing a Special Rapporteur on the human rights situation in Eritrea; notes that this is the first time the UNHRC has addressed this issue and applauds the leadership shown by African countries on this matter; |
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28.

Welcomes the resolution adopted at the 20th session of the UNHCR establishing a Special Rapporteur on the human rights situation in Eritrea; notes that this is the first time the UNHRC has addressed this issue and applauds the leadership shown by African countries on this matter;

| 29. | Welcomes the fact that the situation in Mali is being kept under close scrutiny by the UNHRC and applauds the leadership shown by the African states that brought the issue to the attention of the UNHRC; urges the UNHRC to support the swift deployment of monitoring capacities in Mali and to request that the OHCHR continue to report on the situation in the country; |
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29.

Welcomes the fact that the situation in Mali is being kept under close scrutiny by the UNHRC and applauds the leadership shown by the African states that brought the issue to the attention of the UNHRC; urges the UNHRC to support the swift deployment of monitoring capacities in Mali and to request that the OHCHR continue to report on the situation in the country;

| 30. | Welcomes the adoption of the resolution on the Democratic Republic of the Congo (DRC), but remains concerned about the human rights situation in that country, in particular in the North Kivu province in the east; strongly condemns the attacks by rebel forces in the east of the country, in particular by the M23 movement, on the civilian population, including women and children; strongly condemns the systematic use of rape as a weapon of war; expresses deep concern about the ongoing use of children as soldiers and calls for their disarmament, rehabilitation and reintegration; welcomes the efforts being made to find a peaceful political solution to the crisis by the member states of the International Conference on the Great Lakes Region, the African Union and the UN; calls again for the re-establishment of a UN Independent Expert on the human rights situation in the DRC in order to provide a reliable mechanism focusing on improving the situation regarding the grave and long-standing human rights concerns in the country; |
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30.

Welcomes the adoption of the resolution on the Democratic Republic of the Congo (DRC), but remains concerned about the human rights situation in that country, in particular in the North Kivu province in the east; strongly condemns the attacks by rebel forces in the east of the country, in particular by the M23 movement, on the civilian population, including women and children; strongly condemns the systematic use of rape as a weapon of war; expresses deep concern about the ongoing use of children as soldiers and calls for their disarmament, rehabilitation and reintegration; welcomes the efforts being made to find a peaceful political solution to the crisis by the member states of the International Conference on the Great Lakes Region, the African Union and the UN; calls again for the re-establishment of a UN Independent Expert on the human rights situation in the DRC in order to provide a reliable mechanism focusing on improving the situation regarding the grave and long-standing human rights concerns in the country;

| 31. | Expresses concern at the situation in the Central African Republic, where armed groups have attacked and occupied several towns in the north-east of the country; welcomes the agreements signed in Libreville on 11 January 2013, including the ceasefire agreement and the political agreement on the resolution of the crisis in the country; stresses the importance of the swift implementation of these agreements; welcomes the EU VP/HR’s statement of 11 January 2013, calling for all signatories to uphold these agreements; urges the Member States to raise this matter in the UNHRC in order to keep the issue of the situation in the Central African Republic high on the international agenda; |
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31.

Expresses concern at the situation in the Central African Republic, where armed groups have attacked and occupied several towns in the north-east of the country; welcomes the agreements signed in Libreville on 11 January 2013, including the ceasefire agreement and the political agreement on the resolution of the crisis in the country; stresses the importance of the swift implementation of these agreements; welcomes the EU VP/HR’s statement of 11 January 2013, calling for all signatories to uphold these agreements; urges the Member States to raise this matter in the UNHRC in order to keep the issue of the situation in the Central African Republic high on the international agenda;

| 32. | Expresses its concern at the situation in Israel and Gaza following the escalation of the conflict at the end of 2012 and condemns all acts of violence; reiterates its call for the lifting of the blockade of the Gaza Strip, while taking into account Israel’s legitimate security concerns, and calls for steps to be taken towards the reconstruction and economic recovery of the Gaza Strip; welcomes the international fact-finding mission on Israeli settlements in the occupied Palestinian territory established during the 19th UNHRC session, and looks forward to its reporting back during the 22nd UNHRC session; expresses its concern that Israel has suspended its cooperation with the UNHRC and the Universal Periodic Review; strongly encourages all efforts towards a two-state solution; |
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32.

Expresses its concern at the situation in Israel and Gaza following the escalation of the conflict at the end of 2012 and condemns all acts of violence; reiterates its call for the lifting of the blockade of the Gaza Strip, while taking into account Israel’s legitimate security concerns, and calls for steps to be taken towards the reconstruction and economic recovery of the Gaza Strip; welcomes the international fact-finding mission on Israeli settlements in the occupied Palestinian territory established during the 19th UNHRC session, and looks forward to its reporting back during the 22nd UNHRC session; expresses its concern that Israel has suspended its cooperation with the UNHRC and the Universal Periodic Review; strongly encourages all efforts towards a two-state solution;

| 33. | Welcomes the UN General Assembly’s adoption on 29 November 2012 of the resolution making Palestine a UN non-member observer state; reiterates its support for this endeavour; notes the support expressed by the EU for Palestine to become a full member of the UN as part of a political solution to the Israeli-Palestinian conflict; reaffirms that the EU will not accept any changes to the pre-1967 borders, including with regard to Jerusalem, other than those agreed by the parties; |
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33.

Welcomes the UN General Assembly’s adoption on 29 November 2012 of the resolution making Palestine a UN non-member observer state; reiterates its support for this endeavour; notes the support expressed by the EU for Palestine to become a full member of the UN as part of a political solution to the Israeli-Palestinian conflict; reaffirms that the EU will not accept any changes to the pre-1967 borders, including with regard to Jerusalem, other than those agreed by the parties;

| 34. | Welcomes the importance placed by the UNHRC on the right to housing and calls on the Union and the Member States to promote access to adequate housing as a fundamental right; |
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34.

Welcomes the importance placed by the UNHRC on the right to housing and calls on the Union and the Member States to promote access to adequate housing as a fundamental right;

| 35. | Condemns the recent mass executions that have been carried out in Iran; reaffirms its strong stance against the death penalty in all cases and under all circumstances; |
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35.

Condemns the recent mass executions that have been carried out in Iran; reaffirms its strong stance against the death penalty in all cases and under all circumstances;

| 36. | Deplores the executions carried out in Japan in 2012 following the moratorium on this practice during 2011, the six executions carried out in Taiwan in December 2012 and the continued use of capital punishment in Saudi Arabia throughout 2012; considers deeply regrettable the breach of the de facto moratorium on the death penalty observed by India since 2004, through the execution of a convict in November 2012, which also goes against the global trend towards abolition; urges all countries which still maintain the death penalty to abolish it or at least to implement a moratorium on executions; |
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36.

Deplores the executions carried out in Japan in 2012 following the moratorium on this practice during 2011, the six executions carried out in Taiwan in December 2012 and the continued use of capital punishment in Saudi Arabia throughout 2012; considers deeply regrettable the breach of the de facto moratorium on the death penalty observed by India since 2004, through the execution of a convict in November 2012, which also goes against the global trend towards abolition; urges all countries which still maintain the death penalty to abolish it or at least to implement a moratorium on executions;

| 37. | Recalls the critical importance attached by the EU to the fight against torture and other forms of ill-treatment; urges the Commission and the Member States to demonstrate their common commitment to eradicating the scourge of torture and to supporting victims, notably by contributing to the UN Voluntary Fund for Victims of Torture and the Special Fund established by the Optional Protocol to the Convention against Torture; |
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37.

Recalls the critical importance attached by the EU to the fight against torture and other forms of ill-treatment; urges the Commission and the Member States to demonstrate their common commitment to eradicating the scourge of torture and to supporting victims, notably by contributing to the UN Voluntary Fund for Victims of Torture and the Special Fund established by the Optional Protocol to the Convention against Torture;

| 38. | Notes with satisfaction the adoption of the UNHRC resolution on freedom of religion or belief; stresses the emphasis which the EU places on this issue; calls on the Member States to continue working on the issue, and looks forward to the new EU guidelines which are expected early this year; commends the work done by the UN Special Rapporteur on freedom of religion or belief; stresses the importance of renewing this mandate during the 22nd session of the UNHRC; stresses the continued need to address fully the problem of discrimination against religious minorities around the world; reiterates that freedom of thought, conscience and religion, including the freedom to change or abandon one’s religion or belief, is a fundamental human right; |
| --- | --- |

38.

Notes with satisfaction the adoption of the UNHRC resolution on freedom of religion or belief; stresses the emphasis which the EU places on this issue; calls on the Member States to continue working on the issue, and looks forward to the new EU guidelines which are expected early this year; commends the work done by the UN Special Rapporteur on freedom of religion or belief; stresses the importance of renewing this mandate during the 22nd session of the UNHRC; stresses the continued need to address fully the problem of discrimination against religious minorities around the world; reiterates that freedom of thought, conscience and religion, including the freedom to change or abandon one’s religion or belief, is a fundamental human right;

| 39. | Welcomes the ongoing process of follow-up to the report by the High Commissioner for Human Rights on discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender identity; encourages further follow-up, including through regional meetings, and the active participation of EU Member States, the Council and the EEAS; absolutely deplores, in this regard, the handing down of the death penalty, prison terms or criminal convictions on grounds of sexual orientation in some countries, and calls for its immediate end; welcomes the leadership of the UN Secretary-General and the High Commissioner for Human Rights regarding this issue, both inside and outside the UNHRC; considers regrettable the ongoing attempts to undermine the universality and indivisibility of human rights, in particular through a resolution on ‘traditional values’; |
| --- | --- |

39.

Welcomes the ongoing process of follow-up to the report by the High Commissioner for Human Rights on discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender identity; encourages further follow-up, including through regional meetings, and the active participation of EU Member States, the Council and the EEAS; absolutely deplores, in this regard, the handing down of the death penalty, prison terms or criminal convictions on grounds of sexual orientation in some countries, and calls for its immediate end; welcomes the leadership of the UN Secretary-General and the High Commissioner for Human Rights regarding this issue, both inside and outside the UNHRC; considers regrettable the ongoing attempts to undermine the universality and indivisibility of human rights, in particular through a resolution on ‘traditional values’;

| 40. | Notes the first annual Forum on Business and Human Rights held in Geneva from 4 to 6 December 2012, which brought together a broad range of stakeholders to discuss the implementation of the UN Guiding Principles in this area; supports the Forum’s initial consultations on how governments and business can be made to adopt regulatory, policy and implementation frameworks to counter business-related human rights abuses; |
| --- | --- |

40.

Notes the first annual Forum on Business and Human Rights held in Geneva from 4 to 6 December 2012, which brought together a broad range of stakeholders to discuss the implementation of the UN Guiding Principles in this area; supports the Forum’s initial consultations on how governments and business can be made to adopt regulatory, policy and implementation frameworks to counter business-related human rights abuses;

| 41. | Welcomes the work of the open-ended intergovernmental working group on private military and security companies (PMSCs), which has a mandate to consider the possibility of an international regulatory framework; recognises the detailed attention given to the option of elaborating a legally binding instrument on the regulation, monitoring and oversight of the activities of PMSCs and expresses its support for such a legally binding regulatory framework; insists on a strong accountability component and invites PMSCs that have not yet signed the Code of Conduct for Private Security Service Providers (ICoC) to adhere to it; looks forward to the presentation of the working group’s report; calls for the continuation of this working group’s mandate; |
| --- | --- |

41.

Welcomes the work of the open-ended intergovernmental working group on private military and security companies (PMSCs), which has a mandate to consider the possibility of an international regulatory framework; recognises the detailed attention given to the option of elaborating a legally binding instrument on the regulation, monitoring and oversight of the activities of PMSCs and expresses its support for such a legally binding regulatory framework; insists on a strong accountability component and invites PMSCs that have not yet signed the Code of Conduct for Private Security Service Providers (ICoC) to adhere to it; looks forward to the presentation of the working group’s report; calls for the continuation of this working group’s mandate;

| 42. | Emphasises the significance of the universal nature of the Universal Periodic Review (UPR) exercise, and reaffirms the importance of the UPR with a view to arriving at a full understanding of the human rights situation on the ground in all UN member states; |
| --- | --- |

42.

Emphasises the significance of the universal nature of the Universal Periodic Review (UPR) exercise, and reaffirms the importance of the UPR with a view to arriving at a full understanding of the human rights situation on the ground in all UN member states;

| 43. | Welcomes the commencement of the UPR’s second cycle and the adoption of the first outcomes thereof; reiterates the importance of the second cycle focusing on the implementation of the recommendations accepted during the first cycle; calls again, however, for the recommendations that were not accepted by states during the first cycle to be reconsidered in the continuation of the UPR process; |
| --- | --- |

43.

Welcomes the commencement of the UPR’s second cycle and the adoption of the first outcomes thereof; reiterates the importance of the second cycle focusing on the implementation of the recommendations accepted during the first cycle; calls again, however, for the recommendations that were not accepted by states during the first cycle to be reconsidered in the continuation of the UPR process;

| 44. | Believes that implementation is a key aspect in realising the potential of the UPR process; reiterates, therefore, the importance of the Commission and the Member States providing technical assistance in order to help the states under review to implement the recommendations; encourages states, furthermore, to present mid-term updates in order to help improve implementation; |
| --- | --- |

44.

Believes that implementation is a key aspect in realising the potential of the UPR process; reiterates, therefore, the importance of the Commission and the Member States providing technical assistance in order to help the states under review to implement the recommendations; encourages states, furthermore, to present mid-term updates in order to help improve implementation;

| 45. | Calls on EU Member States participating in the UPR interactive dialogues to put forward recommendations that are specific and measurable, in order to improve the quality of the follow-up to, and implementation of, accepted recommendations; |
| --- | --- |

45.

Calls on EU Member States participating in the UPR interactive dialogues to put forward recommendations that are specific and measurable, in order to improve the quality of the follow-up to, and implementation of, accepted recommendations;

| 46. | Recommends including the UPR recommendations systematically in the EU’s human rights dialogues and consultations and in EU human rights country strategies, to ensure that UPR outcomes are followed up; recommends, similarly, that Parliament raise these recommendations during its own delegation visits to third countries; |
| --- | --- |

46.

Recommends including the UPR recommendations systematically in the EU’s human rights dialogues and consultations and in EU human rights country strategies, to ensure that UPR outcomes are followed up; recommends, similarly, that Parliament raise these recommendations during its own delegation visits to third countries;

| 47. | Welcomes steps that allow the full participation in the UPR process of a wide range of stakeholders; welcomes, in this connection, the changes to the speakers’ list, which gives all states that wish to speak during the UPR process a chance to do so; reiterates its appreciation of the stronger role gained by national human rights institutions, in line with the Paris Principles; welcomes the enhanced participation from the field thanks to the increased use of videoconferencing; |
| --- | --- |

47.

Welcomes steps that allow the full participation in the UPR process of a wide range of stakeholders; welcomes, in this connection, the changes to the speakers’ list, which gives all states that wish to speak during the UPR process a chance to do so; reiterates its appreciation of the stronger role gained by national human rights institutions, in line with the Paris Principles; welcomes the enhanced participation from the field thanks to the increased use of videoconferencing;

| 48. | Believes that more can be done to involve civil society in the UPR process, including in the implementation of the outcomes thereof, and more generally in the work of the UNHRC; |
| --- | --- |

48.

Believes that more can be done to involve civil society in the UPR process, including in the implementation of the outcomes thereof, and more generally in the work of the UNHRC;

Special Procedures

| 49. | Reaffirms the crucial role which the Special Procedures play in the credibility and effectiveness of the work of the UNHRC and their core position in the UN human rights machinery; reiterates its strong support for the Special Procedures and stresses the fundamental importance of the independence of these mandates; |
| --- | --- |

49.

Reaffirms the crucial role which the Special Procedures play in the credibility and effectiveness of the work of the UNHRC and their core position in the UN human rights machinery; reiterates its strong support for the Special Procedures and stresses the fundamental importance of the independence of these mandates;

| 50. | Urges states to cooperate fully with the Special Procedures, including by receiving mandate-holders for country visits without delay, replying to their urgent actions and allegations of violations and ensuring proper follow-up to the recommendations made by the mandate-holders; urges UNHRC members to lead by example on these issues; |
| --- | --- |

50.

Urges states to cooperate fully with the Special Procedures, including by receiving mandate-holders for country visits without delay, replying to their urgent actions and allegations of violations and ensuring proper follow-up to the recommendations made by the mandate-holders; urges UNHRC members to lead by example on these issues;

| 51. | Welcomes the action taken by the EU jointly to extend a standing invitation to all UN Special Procedures on human rights, thereby leading by example on this issue; encourages other UN member states to do the same; |
| --- | --- |

51.

Welcomes the action taken by the EU jointly to extend a standing invitation to all UN Special Procedures on human rights, thereby leading by example on this issue; encourages other UN member states to do the same;

| 52. | Condemns all forms of reprisal against persons who cooperate with the UPR process and the Special Procedures; stresses that such action undermines the whole UN human rights system; urges all states to provide adequate protection against such acts of intimidation; |
| --- | --- |

52.

Condemns all forms of reprisal against persons who cooperate with the UPR process and the Special Procedures; stresses that such action undermines the whole UN human rights system; urges all states to provide adequate protection against such acts of intimidation;

EU involvement

| 53. | Reiterates in the strongest possible terms the importance of the EU participating actively in the UN human rights mechanisms, including the UNHRC; encourages the Member States to do so by co-sponsoring resolutions, by actively participating in debates and interactive dialogues, and by issuing statements; strongly supports the increasing recourse by the EU to cross-regional initiatives; |
| --- | --- |

53.

Reiterates in the strongest possible terms the importance of the EU participating actively in the UN human rights mechanisms, including the UNHRC; encourages the Member States to do so by co-sponsoring resolutions, by actively participating in debates and interactive dialogues, and by issuing statements; strongly supports the increasing recourse by the EU to cross-regional initiatives;

| 54. | Stresses the importance of integrating the work being done in Geneva in the context of the UNHRC into the relevant internal and external activities of the EU, including those of Parliament; |
| --- | --- |

54.

Stresses the importance of integrating the work being done in Geneva in the context of the UNHRC into the relevant internal and external activities of the EU, including those of Parliament;

| 55. | Underlines the importance of the establishment of the position of the EU Special Representative for Human Rights (EUSR); encourages the EUSR to enhance the effectiveness, coherence and visibility of the EU’s human rights policy in the context of the UNHRC and to develop close cooperation with the OHCHR and the Special Procedures; |
| --- | --- |

55.

Underlines the importance of the establishment of the position of the EU Special Representative for Human Rights (EUSR); encourages the EUSR to enhance the effectiveness, coherence and visibility of the EU’s human rights policy in the context of the UNHRC and to develop close cooperation with the OHCHR and the Special Procedures;

| 56. | Encourages the VP/HR and the EUSR to be present at the High Level Segment of the UNHRC; |
| --- | --- |

56.

Encourages the VP/HR and the EUSR to be present at the High Level Segment of the UNHRC;

| 57. | Reiterates the potential effectiveness of EU action when the Union and its Member States harness their collective weight; stresses the importance of continuing to enhance the coordination and cooperation between the Member States in this regard in order to reach common ground on human rights issues; calls again for bolder and more ambitious action and concrete commitments instead of resorting to accepting the lowest common denominator; encourages, in this connection, the EEAS, in particular through the EU delegations in Geneva and New York, to increase its coherence by means of timely and substantive consultation; |
| --- | --- |

57.

Reiterates the potential effectiveness of EU action when the Union and its Member States harness their collective weight; stresses the importance of continuing to enhance the coordination and cooperation between the Member States in this regard in order to reach common ground on human rights issues; calls again for bolder and more ambitious action and concrete commitments instead of resorting to accepting the lowest common denominator; encourages, in this connection, the EEAS, in particular through the EU delegations in Geneva and New York, to increase its coherence by means of timely and substantive consultation;

| 58. | Stresses the significance of the ratification of the UN Convention on the Rights of Persons with Disabilities, the first occasion on which the EU ratified a UN convention as a legal entity; and calls on the EU to sign and ratify the Council of Europe Convention on preventing and combating violence against women and domestic violence; |
| --- | --- |

58.

Stresses the significance of the ratification of the UN Convention on the Rights of Persons with Disabilities, the first occasion on which the EU ratified a UN convention as a legal entity; and calls on the EU to sign and ratify the Council of Europe Convention on preventing and combating violence against women and domestic violence;

| 59. | Reiterates once more the importance of the EU Member States working towards the fulfilment of the indivisibility and universality of human rights and supporting the work of the UNHRC in this respect, in particular by ratifying all the international human rights instruments that this body has established; reiterates its regret that no EU Member State has ratified the Convention on the Protection of the Rights of all Migrant Workers and Members of their Families; reiterates, too, its regret that several Member States have not yet adopted and/or ratified the Convention for the Protection of All Persons from Enforced Disappearance or the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and that only two Member States have ratified the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights; reiterates its call for all the Member States to ratify these conventions and protocols, and encourages them to sign and ratify the recent Optional Protocol to the Convention on the Rights of the Child on a communications procedure, which was opened for signature in Geneva, Switzerland, on 28 February 2012; stresses the importance of the Member States submitting their periodic reports to the UN monitoring bodies in a timely manner; |
| --- | --- |

59.

Reiterates once more the importance of the EU Member States working towards the fulfilment of the indivisibility and universality of human rights and supporting the work of the UNHRC in this respect, in particular by ratifying all the international human rights instruments that this body has established; reiterates its regret that no EU Member State has ratified the Convention on the Protection of the Rights of all Migrant Workers and Members of their Families; reiterates, too, its regret that several Member States have not yet adopted and/or ratified the Convention for the Protection of All Persons from Enforced Disappearance or the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and that only two Member States have ratified the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights; reiterates its call for all the Member States to ratify these conventions and protocols, and encourages them to sign and ratify the recent Optional Protocol to the Convention on the Rights of the Child on a communications procedure, which was opened for signature in Geneva, Switzerland, on 28 February 2012; stresses the importance of the Member States submitting their periodic reports to the UN monitoring bodies in a timely manner;

| 60. | Reiterates how important it is for the EU to defend the independence of the OHCHR and to ensure that it can continue to exercise its tasks in an impartial manner; and recalls the importance of ensuring that sufficient funding is provided to keep the OHCHR regional offices open; |
| --- | --- |

60.

Reiterates how important it is for the EU to defend the independence of the OHCHR and to ensure that it can continue to exercise its tasks in an impartial manner; and recalls the importance of ensuring that sufficient funding is provided to keep the OHCHR regional offices open;

| 61. | Notes that the protection of human rights defenders is a key priority within the EU’s human rights policy; emphasises that reprisals and intimidation against human rights defenders (HRDs) who cooperate with the UN human rights mechanisms threatens to undermine this system; appreciates, therefore, the practical and financial support allocated to the urgent protection of and support for HRDs under the European Instrument for Democracy and Human Rights (EIDHR); |
| --- | --- |

61.

Notes that the protection of human rights defenders is a key priority within the EU’s human rights policy; emphasises that reprisals and intimidation against human rights defenders (HRDs) who cooperate with the UN human rights mechanisms threatens to undermine this system; appreciates, therefore, the practical and financial support allocated to the urgent protection of and support for HRDs under the European Instrument for Democracy and Human Rights (EIDHR);

| 62. | Welcomes the establishment in 2012 of the Brussels-based Council Working Party on Human Rights (COHOM); acknowledges the efforts of the COHOM to improve the preparation and coordination of EU positions for the UNHRC sessions, including the organisation of COHOM meetings in Geneva; reiterates its expectations that the COHOM will be instrumental in addressing the issue of consistency between the EU’s external and internal human rights policy; |
| --- | --- |

62.

Welcomes the establishment in 2012 of the Brussels-based Council Working Party on Human Rights (COHOM); acknowledges the efforts of the COHOM to improve the preparation and coordination of EU positions for the UNHRC sessions, including the organisation of COHOM meetings in Geneva; reiterates its expectations that the COHOM will be instrumental in addressing the issue of consistency between the EU’s external and internal human rights policy;

| 63. | Expects the development of EU human rights country strategies to be duly coordinated with EU action in the UN forums; reiterates its recommendation that EU country strategies on human rights be communicated to the European Parliament and be made public where possible in order to give visibility to the EU’s commitment to human rights in third countries and for those struggling for human rights to find support in these documents; |
| --- | --- |

63.

Expects the development of EU human rights country strategies to be duly coordinated with EU action in the UN forums; reiterates its recommendation that EU country strategies on human rights be communicated to the European Parliament and be made public where possible in order to give visibility to the EU’s commitment to human rights in third countries and for those struggling for human rights to find support in these documents;

| 64. | Stresses the importance of highlighting in the UNHRC the worrisome issue of the shrinking NGO space in a number of countries around the world; encourages the EEAS and the Member States to make concerted efforts to raise this issue; |
| --- | --- |

64.

Stresses the importance of highlighting in the UNHRC the worrisome issue of the shrinking NGO space in a number of countries around the world; encourages the EEAS and the Member States to make concerted efforts to raise this issue;

| 65. | Calls again, in the light of new reports of EU companies being complicit in human rights abuses in third countries, on the VP/HR to draw attention to this issue; calls on the Commission to develop a more ambitious policy on corporate social responsibility; urges the EEAS, the Commission and the Member States to take effective measures to ensure corporate accountability for human rights violations; reiterates in this context the importance of making internal and external policies more consistent and of full respect for human rights in internal policies in order to avoid double standards; |
| --- | --- |

65.

Calls again, in the light of new reports of EU companies being complicit in human rights abuses in third countries, on the VP/HR to draw attention to this issue; calls on the Commission to develop a more ambitious policy on corporate social responsibility; urges the EEAS, the Commission and the Member States to take effective measures to ensure corporate accountability for human rights violations; reiterates in this context the importance of making internal and external policies more consistent and of full respect for human rights in internal policies in order to avoid double standards;

| 66. | Mandates its delegation to the 22nd session of the UNHRC to voice the concerns and views expressed in this resolution; calls on the delegation to report to the Subcommittee on Human Rights regarding its visit; considers it indispensable to continue the practice of sending a Parliament delegation to relevant UNHRC and UN General Assembly sessions; |
| --- | --- |

66.

Mandates its delegation to the 22nd session of the UNHRC to voice the concerns and views expressed in this resolution; calls on the delegation to report to the Subcommittee on Human Rights regarding its visit; considers it indispensable to continue the practice of sending a Parliament delegation to relevant UNHRC and UN General Assembly sessions;

o

o o

| 67. | Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the EU Special Representative on Human Rights, the governments and parliaments of the Member States, the UN Security Council, the UN Secretary-General, the President of the 67th UN General Assembly, the President of the UN Human Rights Council, the UN High Commissioner for Human Rights and the EU-UN Working Group established by the Committee on Foreign Affairs. |
| --- | --- |

67.

Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the EU Special Representative on Human Rights, the governments and parliaments of the Member States, the UN Security Council, the UN Secretary-General, the President of the 67th UN General Assembly, the President of the UN Human Rights Council, the UN High Commissioner for Human Rights and the EU-UN Working Group established by the Committee on Foreign Affairs.

---

(1)  Texts adopted, P7_TA(2012)0250.

(2)  Texts adopted, P7_TA(2012)0058.

(3)  Texts adopted, P7_TA(2012)0504.

(4)  Texts adopted, P7_TA(2012)0503.

(5)

Article 2, Article 3(5) and Article 6 of the Treaty on European Union.

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| 22.1.2016 | EN | Official Journal of the European Union | C 24/97 |
| --- | --- | --- | --- |

22.1.2016

EN

Official Journal of the European Union

C 24/97

---

P7_TA(2013)0056

Judicial training — court coordinators

European Parliament resolution of 7 February 2013 on judicial training — court coordinators (2012/2864(RSP))

(2016/C 024/12)

The European Parliament,

| — | having regard to Articles 81 and 82 of the Treaty on the Functioning of the European Union, which provide for the adoption under the ordinary legislative procedure of measures aimed at ensuring ‘support for the training of the judiciary and judicial staff’, |
| --- | --- |

—

having regard to Articles 81 and 82 of the Treaty on the Functioning of the European Union, which provide for the adoption under the ordinary legislative procedure of measures aimed at ensuring ‘support for the training of the judiciary and judicial staff’,

| — | having regard to its resolution of 10 September 1991 on the establishment of a European Law Academy (1), its position of 24 September 2002 on the adoption of a Council decision setting up a European judicial training network (2), its resolution of 9 July 2008 on the role of the national judge in the European judicial system (3), and its recommendation of 7 May 2009 to the Council on development of an EU criminal justice area (4), |
| --- | --- |

—

having regard to its resolution of 10 September 1991 on the establishment of a European Law Academy (1), its position of 24 September 2002 on the adoption of a Council decision setting up a European judicial training network (2), its resolution of 9 July 2008 on the role of the national judge in the European judicial system (3), and its recommendation of 7 May 2009 to the Council on development of an EU criminal justice area (4),

| — | having regard to the Commission Communication of 20 April 2010 on an action plan implementing the Stockholm Programme (COM(2010)0171), |
| --- | --- |

—

having regard to the Commission Communication of 20 April 2010 on an action plan implementing the Stockholm Programme (COM(2010)0171),

| — | 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 (5), |
| --- | --- |

—

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 (5),

| — | having regard to the Commission Communication of 13 September 2011 entitled ‘Building trust in EU-wide justice — a new dimension to European judicial training’ (COM(2011)0551), |
| --- | --- |

—

having regard to the Commission Communication of 13 September 2011 entitled ‘Building trust in EU-wide justice — a new dimension to European judicial training’ (COM(2011)0551),

| — | having regard to the pilot project on judicial training proposed by Parliament in 2011, |
| --- | --- |

—

having regard to the pilot project on judicial training proposed by Parliament in 2011,

| — | having regard to the comparative study on judicial training in the Member States commissioned by Parliament from the Academy of European Law (ERA) in consortium with the European Judicial Training Network (EJTN) (6), |
| --- | --- |

—

having regard to the comparative study on judicial training in the Member States commissioned by Parliament from the Academy of European Law (ERA) in consortium with the European Judicial Training Network (EJTN) (6),

| — | having regard to its resolutions of 17 June 2010 (7) and 14 March 2012 (8) on judicial training, |
| --- | --- |

—

having regard to its resolutions of 17 June 2010 (7) and 14 March 2012 (8) on judicial training,

| — | having regard to experience in the Netherlands with Eurinfra and its network of court coordinators for European law, which is beginning to be emulated in other Member States, in particular Italy, with its European Gaius project; Denmark, Romania and Bulgaria, designed around the three pillars of (a) improving the accessibility of European law information resources using web technology, (b) improving knowledge of European law among the judiciary and (c) establishing and maintaining a network of court coordinators for European law, |
| --- | --- |

—

having regard to experience in the Netherlands with Eurinfra and its network of court coordinators for European law, which is beginning to be emulated in other Member States, in particular Italy, with its European Gaius project; Denmark, Romania and Bulgaria, designed around the three pillars of (a) improving the accessibility of European law information resources using web technology, (b) improving knowledge of European law among the judiciary and (c) establishing and maintaining a network of court coordinators for European law,

| — | having regard to the huge strides being made by information technology whereby, for instance, e-learning can be increasingly used as a flexible tool to reach more end users, independently of time and place, while advanced technology — particularly sophisticated search engines — can be used to gather information in order to improve the accessibility of the law, |
| --- | --- |

—

having regard to the huge strides being made by information technology whereby, for instance, e-learning can be increasingly used as a flexible tool to reach more end users, independently of time and place, while advanced technology — particularly sophisticated search engines — can be used to gather information in order to improve the accessibility of the law,

| — | having regard to the question to the Commission on judicial training — court coordinators (O-000186/2012 — B7-0112/2013), |
| --- | --- |

—

having regard to the question to the Commission on judicial training — court coordinators (O-000186/2012 — B7-0112/2013),

| — | 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 origins of our legal systems are complex, so that, according to a recent scholarly essay (9), Roman law is to be seen more as a multicultural enterprise than as a peculiar evolution of one culture, and common law (ignoring its praetorian sister, equity, and the influence of canon law) might be better known as ‘Anglo-Norman’ law; whereas the rule of law is one thing we have in common and one of the values which European law has given the world; whereas what is needed is a holistic approach to law on the part both of practitioners and of the judiciary; |
| --- | --- |

A.

whereas the origins of our legal systems are complex, so that, according to a recent scholarly essay (9), Roman law is to be seen more as a multicultural enterprise than as a peculiar evolution of one culture, and common law (ignoring its praetorian sister, equity, and the influence of canon law) might be better known as ‘Anglo-Norman’ law; whereas the rule of law is one thing we have in common and one of the values which European law has given the world; whereas what is needed is a holistic approach to law on the part both of practitioners and of the judiciary;

| B. | whereas there can be no excuse for ignorance of European law on the part of national judges, who are and must be European judges, called upon to play a fundamental role in a situation in which we will need more Europe; whereas this does not preclude fostering a European judicial culture in which diversity is celebrated as a common good; |
| --- | --- |

B.

whereas there can be no excuse for ignorance of European law on the part of national judges, who are and must be European judges, called upon to play a fundamental role in a situation in which we will need more Europe; whereas this does not preclude fostering a European judicial culture in which diversity is celebrated as a common good;

| C. | whereas every national court is a court of EU law; |
| --- | --- |

C.

whereas every national court is a court of EU law;

| D. | whereas the increase in the number of Member States and the mounting burden on the European Court of Justice mean that national courts must use every means at their disposal to facilitate effective and speedy access to justice; |
| --- | --- |

D.

whereas the increase in the number of Member States and the mounting burden on the European Court of Justice mean that national courts must use every means at their disposal to facilitate effective and speedy access to justice;

| E. | whereas what is needed is cost-effective means of improving the training of judges and their access to the law; |
| --- | --- |

E.

whereas what is needed is cost-effective means of improving the training of judges and their access to the law;

| F. | whereas it would be invaluable to promote the idea of national court coordinators for European law and their interconnection at European level; whereas the main function of an interconnected network of court coordinators would be to enable judges to confer readily in their day-to-day work with their counterparts in other Member States on such matters as the interpretation of particular words in the applicable European law (directive or regulation) in a secure digital environment (through a specially created social medium or via the e-justice portal); whereas these ‘circles of coherence’ would make for greater uniformity in the application of EU law while reducing the number of references for preliminary rulings, without detracting from the role of the Court of Justice; |
| --- | --- |

F.

whereas it would be invaluable to promote the idea of national court coordinators for European law and their interconnection at European level; whereas the main function of an interconnected network of court coordinators would be to enable judges to confer readily in their day-to-day work with their counterparts in other Member States on such matters as the interpretation of particular words in the applicable European law (directive or regulation) in a secure digital environment (through a specially created social medium or via the e-justice portal); whereas these ‘circles of coherence’ would make for greater uniformity in the application of EU law while reducing the number of references for preliminary rulings, without detracting from the role of the Court of Justice;

| G. | whereas, as Parliament has already determined, one way of resolving the problems (costs, language training, cost-effectiveness) is to utilise modern technology and finance the creation of ‘apps’ (computer-based applications for use on PCs, mobile telephones, tablets, etc.); |
| --- | --- |

G.

whereas, as Parliament has already determined, one way of resolving the problems (costs, language training, cost-effectiveness) is to utilise modern technology and finance the creation of ‘apps’ (computer-based applications for use on PCs, mobile telephones, tablets, etc.);

| H. | whereas a start could be made with the general part of EU law, since electronic knowledge management allows in-depth access to the most up-to-date information; |
| --- | --- |

H.

whereas a start could be made with the general part of EU law, since electronic knowledge management allows in-depth access to the most up-to-date information;

| I. | whereas a situation in which every Member State started to develop its own technology and its own digital structures to enable the supply of digital tools would be a waste of energy and financial resources, especially in these times of economic stringency; |
| --- | --- |

I.

whereas a situation in which every Member State started to develop its own technology and its own digital structures to enable the supply of digital tools would be a waste of energy and financial resources, especially in these times of economic stringency;

| J. | whereas duplication of efforts must be avoided and the re-use of quality training projects promoted; whereas this calls for more interconnection between Member States in EU law knowledge management; |
| --- | --- |

J.

whereas duplication of efforts must be avoided and the re-use of quality training projects promoted; whereas this calls for more interconnection between Member States in EU law knowledge management;

| K. | whereas, particularly in developing search engines to search for judgments, opinions and EU law in general, Member States should consider whether this technology might not benefit the judiciary in other Member States as well, in which case it can be pooled, coordinated and developed in common; |
| --- | --- |

K.

whereas, particularly in developing search engines to search for judgments, opinions and EU law in general, Member States should consider whether this technology might not benefit the judiciary in other Member States as well, in which case it can be pooled, coordinated and developed in common;

| L. | whereas a scheme should be launched for the re-use of training products, through for instance the recording and translation/dubbing/subtitling of lectures on a co-funded basis; |
| --- | --- |

L.

whereas a scheme should be launched for the re-use of training products, through for instance the recording and translation/dubbing/subtitling of lectures on a co-funded basis;

| M. | whereas all this should be brought together in a master plan for knowledge management for the judiciary, using the e-justice portal, where appropriate; |
| --- | --- |

M.

whereas all this should be brought together in a master plan for knowledge management for the judiciary, using the e-justice portal, where appropriate;

| N. | whereas the Common European Sales Law, when adopted, will afford a proving ground for the network of court coordinators of European law by providing an opportunity for attaining horizontal coherence between national judges in areas where little or no case-law of the European Court has emerged, without, of course, duplicating specialised networks in this area; |
| --- | --- |

N.

whereas the Common European Sales Law, when adopted, will afford a proving ground for the network of court coordinators of European law by providing an opportunity for attaining horizontal coherence between national judges in areas where little or no case-law of the European Court has emerged, without, of course, duplicating specialised networks in this area;

| O. | whereas curiosity about other systems, open-mindedness — including about the use of new technologies and methods — and dialogue must be the watchwords in a Europe, and a world, where the law and its practitioners will have to be more innovative in their approach to knowledge management; |
| --- | --- |

O.

whereas curiosity about other systems, open-mindedness — including about the use of new technologies and methods — and dialogue must be the watchwords in a Europe, and a world, where the law and its practitioners will have to be more innovative in their approach to knowledge management;

| P. | whereas this can have a positive effect on public perceptions of the European Union — the more fact-based information is freely available, the less credence will be given to myths and deception about the Union itself, its law and workings, and the more room there will be for honest debate and political discussion (10); |
| --- | --- |

P.

whereas this can have a positive effect on public perceptions of the European Union — the more fact-based information is freely available, the less credence will be given to myths and deception about the Union itself, its law and workings, and the more room there will be for honest debate and political discussion (10);

| Q. | whereas this is yet another aspect of building a European judicial culture but is not the whole story; whereas new training methods and new curricula emphasising language learning and promoting the study of comparative law and international law need to be extended to the universities and law schools — Erasmus (for law students and judges) was only a beginning; |
| --- | --- |

Q.

whereas this is yet another aspect of building a European judicial culture but is not the whole story; whereas new training methods and new curricula emphasising language learning and promoting the study of comparative law and international law need to be extended to the universities and law schools — Erasmus (for law students and judges) was only a beginning;

| R. | whereas the time is ripe to take matters further, beginning with a no-holds-barred discussion of legal training for judges and practitioners and legal education at a forum involving the participation of members of the judiciary, the relevant national authorities — including councils for the judiciary and judicial training schools — and the Academy of European Law (ERA), the European Judicial Training Network (EJTN), the European Network of Councils for the Judiciary (ENCJ) and the European Law Institute (ELI); |
| --- | --- |

R.

whereas the time is ripe to take matters further, beginning with a no-holds-barred discussion of legal training for judges and practitioners and legal education at a forum involving the participation of members of the judiciary, the relevant national authorities — including councils for the judiciary and judicial training schools — and the Academy of European Law (ERA), the European Judicial Training Network (EJTN), the European Network of Councils for the Judiciary (ENCJ) and the European Law Institute (ELI);

| 1. | Reiterates and reaffirms its abovementioned resolutions of 17 June 2010 and 14 March 2012 on judicial training; |
| --- | --- |

1.

Reiterates and reaffirms its abovementioned resolutions of 17 June 2010 and 14 March 2012 on judicial training;

| 2. | Calls on the Commission to expedite the award of contracts under the pilot project; |
| --- | --- |

2.

Calls on the Commission to expedite the award of contracts under the pilot project;

| 3. | Calls on the Commission to foster and sponsor national court coordinators of European law and the emergent interconnection of the national networks of court coordinators while encouraging and promoting the ideas set out in the recitals of this resolution and in Parliament’s resolutions of 17 June 2010 and 14 March 2012; |
| --- | --- |

3.

Calls on the Commission to foster and sponsor national court coordinators of European law and the emergent interconnection of the national networks of court coordinators while encouraging and promoting the ideas set out in the recitals of this resolution and in Parliament’s resolutions of 17 June 2010 and 14 March 2012;

| 4. | Draws attention to the potential benefits for the economy, and in particular for small and medium-sized enterprises, of the development and exploitation of e-learning and new technologies, especially search engines; |
| --- | --- |

4.

Draws attention to the potential benefits for the economy, and in particular for small and medium-sized enterprises, of the development and exploitation of e-learning and new technologies, especially search engines;

| 5. | Considers that the professional development of lawyers should emphasise the need for common standards of professional ethics, for the judiciary to be independent and impartial and for an approach to European regulation that is respectful of diversity, since it is only in this way that true mutual confidence can be achieved; |
| --- | --- |

5.

Considers that the professional development of lawyers should emphasise the need for common standards of professional ethics, for the judiciary to be independent and impartial and for an approach to European regulation that is respectful of diversity, since it is only in this way that true mutual confidence can be achieved;

| 6. | Notes that the legal systems of the Member States, despite their diversity, are based on common principles and share common origins; recalls that, until a few centuries ago, the legal professions in Europe were considered to constitute a unified body of practitioners able to give advice, prepare legal documents and plead before courts in any part of Europe; considers that the legal training policy of the European Union should be inspired by this fact, which shows that the full mobility of legal practitioners is feasible; |
| --- | --- |

6.

Notes that the legal systems of the Member States, despite their diversity, are based on common principles and share common origins; recalls that, until a few centuries ago, the legal professions in Europe were considered to constitute a unified body of practitioners able to give advice, prepare legal documents and plead before courts in any part of Europe; considers that the legal training policy of the European Union should be inspired by this fact, which shows that the full mobility of legal practitioners is feasible;

| 7. | Proposes, lastly, that the Commission organise a forum in the summer of 2013 — a ‘Congress of Messina for building a European judicial culture’ — at which judges of all levels of seniority can meet to hold discussions on a recent area or areas of legal controversy or difficulty in order to encourage discussion, build contacts, create channels of communication and build mutual confidence and understanding; believes that such a forum could also afford a historic opportunity for the competent authorities and experts, including universities and professional bodies, to discuss judicial training policy and the future of legal education in Europe; |
| --- | --- |

7.

Proposes, lastly, that the Commission organise a forum in the summer of 2013 — a ‘Congress of Messina for building a European judicial culture’ — at which judges of all levels of seniority can meet to hold discussions on a recent area or areas of legal controversy or difficulty in order to encourage discussion, build contacts, create channels of communication and build mutual confidence and understanding; believes that such a forum could also afford a historic opportunity for the competent authorities and experts, including universities and professional bodies, to discuss judicial training policy and the future of legal education in Europe;

| 8. | Instructs its President to forward this resolution to the Commission. |
| --- | --- |

8.

Instructs its President to forward this resolution to the Commission.

---

(1)  OJ C 267, 14.10.1991, p. 33.

(2)  OJ C 273 E, 14.11.2003, p. 99.

(3)  OJ C 294 E, 3.12.2009, p. 27.

(4)  OJ C 212 E, 5.8.2010, p. 116.

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

(6)  http://www.europarl.europa.eu/delegations/en/studiesdownload.html?languageDocument=EN&file=60091

(7)  OJ C 236 E, 12.8.2011, p. 130.

(8)  Texts adopted, P7_TA(2012)0079.

(9)  P.G. Monateri, Black Gaius. A Quest for the Multicultural Origins of the ‘Western Legal Tradition’, in 51 Hastings Law Journal, 2000, 479 et seq.; in http://www.jus.unitn.it/cardozo/users/pigi/blackgaius/bge.pdf

(10)  See, for example, with regard to the myths about the EU’s involvement in criminal law, the excellent work, Opting out of EUR Criminal law: What is actually involved?, by Hinarejos, Spencer and Peers, CELS Working Paper, New Series, No 1, http://www.cels.law.cam.ac.uk/publications/working_papers.php

---

| 22.1.2016 | EN | Official Journal of the European Union | C 24/100 |
| --- | --- | --- | --- |

22.1.2016

EN

Official Journal of the European Union

C 24/100

---

P7_TA(2013)0057

European Investment Bank — 2011 annual report

European Parliament resolution of 7 February 2013 on the 2011 Annual Report of the European Investment Bank (2012/2286(INI))

(2016/C 024/13)

The European Parliament,

| — | having regard to the 2011 Annual Report of the European Investment Bank (EIB), |
| --- | --- |

—

having regard to the 2011 Annual Report of the European Investment Bank (EIB),

| — | having regard to Articles 15, 126, 175, 208, 209, 271, 308 and 309 of the Treaty on the Functioning of the European Union and to Protocol No 5 thereto on the Statute of the EIB, |
| --- | --- |

—

having regard to Articles 15, 126, 175, 208, 209, 271, 308 and 309 of the Treaty on the Functioning of the European Union and to Protocol No 5 thereto on the Statute of the EIB,

| — | having regard to its resolution of 29 March 2012 on the European Investment Bank (EIB) — Annual Report 2010 (1), |
| --- | --- |

—

having regard to its resolution of 29 March 2012 on the European Investment Bank (EIB) — Annual Report 2010 (1),

| — | having regard to the European Council conclusions of 28 and 29 June 2012, which, notably, foresee an increase in EIB capital of EUR 10 billion, |
| --- | --- |

—

having regard to the European Council conclusions of 28 and 29 June 2012, which, notably, foresee an increase in EIB capital of EUR 10 billion,

| — | having regard to the conclusions of the European summit of 29 June 2012, |
| --- | --- |

—

having regard to the conclusions of the European summit of 29 June 2012,

| — | having regard to the report by the President of the European Council of 26 June 2012, ‘Towards a genuine economic and monetary union’, |
| --- | --- |

—

having regard to the report by the President of the European Council of 26 June 2012, ‘Towards a genuine economic and monetary union’,

| — | having regard to the report on ‘Risk sharing instruments’ (codecision file adopted last year), and in particular to the opinion of the Committee on Economic and Monetary Affairs, |
| --- | --- |

—

having regard to the report on ‘Risk sharing instruments’ (codecision file adopted last year), and in particular to the opinion of the Committee on Economic and Monetary Affairs,

| — | having regard to the EBRD capital increase, notably in relation to the question of relations between the EIB and the EBRD and possible overlap, |
| --- | --- |

—

having regard to the EBRD capital increase, notably in relation to the question of relations between the EIB and the EBRD and possible overlap,

| — | having regard to the decision on extending the scope of the EBRD to the Mediterranean area, |
| --- | --- |

—

having regard to the decision on extending the scope of the EBRD to the Mediterranean area,

| — | having regard to the proposal for a regulation of the European Parliament and of the Council amending Decision No 1639/2006/EC establishing a Competitiveness and Innovation Framework Programme (2007-2013) and Regulation (EC) No 680/2007 laying down general rules for the granting of Community financial aid in the field of the trans-European transport and energy networks (COM(2011)0659), which introduces the pilot phase for the Europe 2020 Project Bond Initiative, |
| --- | --- |

—

having regard to the proposal for a regulation of the European Parliament and of the Council amending Decision No 1639/2006/EC establishing a Competitiveness and Innovation Framework Programme (2007-2013) and Regulation (EC) No 680/2007 laying down general rules for the granting of Community financial aid in the field of the trans-European transport and energy networks (COM(2011)0659), which introduces the pilot phase for the Europe 2020 Project Bond Initiative,

| — | having regard to the proposal for a Council regulation conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (COM(2012)0511), and to the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 1093/2010 establishing a European Supervisory Authority (European Banking Authority) as regards its interaction with Council Regulation (EU) No.../... conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (COM(2012)0512), which aim to establish a European Banking Union, |
| --- | --- |

—

having regard to the proposal for a Council regulation conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (COM(2012)0511), and to the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 1093/2010 establishing a European Supervisory Authority (European Banking Authority) as regards its interaction with Council Regulation (EU) No.../... conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (COM(2012)0512), which aim to establish a European Banking Union,

| — | having regard to Decision No 1080/2011/EU of the European Parliament and of the Council of 25 October 2011 granting an EU guarantee to the European Investment Bank against losses under loans and loan guarantees for projects outside the Union and repealing Decision No 633/2009/EC (2), |
| --- | --- |

—

having regard to Decision No 1080/2011/EU of the European Parliament and of the Council of 25 October 2011 granting an EU guarantee to the European Investment Bank against losses under loans and loan guarantees for projects outside the Union and repealing Decision No 633/2009/EC (2),

| — | having regard to Rules 48 and 119(2) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 48 and 119(2) of its Rules of Procedure,

| — | having regard to the report of the Committee on Economic and Monetary Affairs and the opinion of the Committee on Budgetary Control (A7-0016/2013), |
| --- | --- |

—

having regard to the report of the Committee on Economic and Monetary Affairs and the opinion of the Committee on Budgetary Control (A7-0016/2013),

| A. | whereas the combination of tight public budgets, excessive sovereign debts and the related corrective measures which often penalise aggregate demand, with inadequately regulated financial institutions is in some cases creating a downward economic spiral at EU level, exerting downward pressure on investment, especially for SMEs, and impacting negatively on growth, competitiveness and job creation in the Union; |
| --- | --- |

A.

whereas the combination of tight public budgets, excessive sovereign debts and the related corrective measures which often penalise aggregate demand, with inadequately regulated financial institutions is in some cases creating a downward economic spiral at EU level, exerting downward pressure on investment, especially for SMEs, and impacting negatively on growth, competitiveness and job creation in the Union;

| B. | whereas the EIB was set up by the Treaty of Rome and has the role of being ‘the European Union bank’, whose aim is to help realise the Union’s priorities by selecting economically sound projects for investment by the EU; whereas as a not-for-profit bank it also complements commercial banks and the financial overall framework by addressing market failures; |
| --- | --- |

B.

whereas the EIB was set up by the Treaty of Rome and has the role of being ‘the European Union bank’, whose aim is to help realise the Union’s priorities by selecting economically sound projects for investment by the EU; whereas as a not-for-profit bank it also complements commercial banks and the financial overall framework by addressing market failures;

| C. | whereas the current debt, economic and financial crisis has seriously affected the economic development of many Member States and has worsened social conditions, while encouraging Member States to respond adequately with measures intended to restore healthy economies and lay a solid basis for future growth and employment; whereas the EIB has the ability, through increased lending and participation in economically reliable investment projects, given also the scarcity of public resources, to contribute to social cohesion and the economic growth of those Member States that are experiencing financial problems; |
| --- | --- |

C.

whereas the current debt, economic and financial crisis has seriously affected the economic development of many Member States and has worsened social conditions, while encouraging Member States to respond adequately with measures intended to restore healthy economies and lay a solid basis for future growth and employment; whereas the EIB has the ability, through increased lending and participation in economically reliable investment projects, given also the scarcity of public resources, to contribute to social cohesion and the economic growth of those Member States that are experiencing financial problems;

| D. | whereas the EIB’s operations outside the EU are undertaken to support economically viable projects that are compliant with the Union’s external action policies; |
| --- | --- |

D.

whereas the EIB’s operations outside the EU are undertaken to support economically viable projects that are compliant with the Union’s external action policies;

| E. | whereas the EIB pursues its efforts against a background of weakly regulated, non-transparent or uncooperative jurisdictions, including by (i) screening the AML-CFT (anti-money laundering and combating the financing of terrorism) capability of financial intermediaries used for its intermediated lending, so that they duly identify the final beneficiaries of EIB funds in accordance with applicable EU AML-CFT directives or FATF (Financial Action Task Force) standards, as applicable; and (ii) monitoring EIB disbursements through such jurisdictions; |
| --- | --- |

E.

whereas the EIB pursues its efforts against a background of weakly regulated, non-transparent or uncooperative jurisdictions, including by (i) screening the AML-CFT (anti-money laundering and combating the financing of terrorism) capability of financial intermediaries used for its intermediated lending, so that they duly identify the final beneficiaries of EIB funds in accordance with applicable EU AML-CFT directives or FATF (Financial Action Task Force) standards, as applicable; and (ii) monitoring EIB disbursements through such jurisdictions;

| F. | whereas a new set of rules for economic, fiscal and budgetary surveillance and discipline have been introduced in the EU, and especially the eurozone, in order to ensure the sustainability of public debt; |
| --- | --- |

F.

whereas a new set of rules for economic, fiscal and budgetary surveillance and discipline have been introduced in the EU, and especially the eurozone, in order to ensure the sustainability of public debt;

| G. | whereas this set of rules needs to be urgently backed up by measures designed to boost the economy, industry, growth, competitiveness, innovation and employment, requiring the mobilisation of the EU budget and of the EIB’s lending capacity and expertise; |
| --- | --- |

G.

whereas this set of rules needs to be urgently backed up by measures designed to boost the economy, industry, growth, competitiveness, innovation and employment, requiring the mobilisation of the EU budget and of the EIB’s lending capacity and expertise;

| H. | whereas there is a crucial need to ensure that the EIB keeps its AAA credit rating, in order to preserve its access to worldwide capital markets under attractive funding conditions that can be transferred to final project promoters; whereas there is also a need for its investments to be in line with the EU’s policies, with particular attention to growth and employment; |
| --- | --- |

H.

whereas there is a crucial need to ensure that the EIB keeps its AAA credit rating, in order to preserve its access to worldwide capital markets under attractive funding conditions that can be transferred to final project promoters; whereas there is also a need for its investments to be in line with the EU’s policies, with particular attention to growth and employment;

| I. | whereas EIB lending fell from EUR 72 billion in 2010 to EUR 61 billion in 2011 because the huge increases provided in 2009 and 2010 in response to the first wave of the crisis had the result of exhausting its capital base; |
| --- | --- |

I.

whereas EIB lending fell from EUR 72 billion in 2010 to EUR 61 billion in 2011 because the huge increases provided in 2009 and 2010 in response to the first wave of the crisis had the result of exhausting its capital base;

| 1. | Welcomes the EIB Governors' decision concerning the EUR 10 billion capital increase for the Bank, which should allow it to increase lending by up to EUR 60 billion over the period 2013-2015 and leverage some EUR 180 billion of total investments; notes, however, that these investments, even if leveraged as above, would amount annually to 0,5 % of EU GDP; believes, therefore that a further increase in this capital would be greatly beneficial to the Union in the context of its need for economic growth; |
| --- | --- |

1.

Welcomes the EIB Governors' decision concerning the EUR 10 billion capital increase for the Bank, which should allow it to increase lending by up to EUR 60 billion over the period 2013-2015 and leverage some EUR 180 billion of total investments; notes, however, that these investments, even if leveraged as above, would amount annually to 0,5 % of EU GDP; believes, therefore that a further increase in this capital would be greatly beneficial to the Union in the context of its need for economic growth;

| 2. | Calls on the EIB to conduct an evaluation of the effectiveness and sustainability of the crisis measures of 2009 and 2010, the findings of which should underpin the future decisions on the priorities for capital increase investment plans; |
| --- | --- |

2.

Calls on the EIB to conduct an evaluation of the effectiveness and sustainability of the crisis measures of 2009 and 2010, the findings of which should underpin the future decisions on the priorities for capital increase investment plans;

| 3. | Recommends that the new lending capacity be aligned with the EU’s priorities in creating growth and jobs and that it target in particular four areas (the EU SME Access to Finance Initiative; the EU Innovation and Skills Initiative; the EU Resource Efficiency Initiative; and the EU Strategic Infrastructure Initiative), covering all Member States but focusing on the less developed regions while maintaining a diversified investment portfolio; |
| --- | --- |

3.

Recommends that the new lending capacity be aligned with the EU’s priorities in creating growth and jobs and that it target in particular four areas (the EU SME Access to Finance Initiative; the EU Innovation and Skills Initiative; the EU Resource Efficiency Initiative; and the EU Strategic Infrastructure Initiative), covering all Member States but focusing on the less developed regions while maintaining a diversified investment portfolio;

| 4. | Encourages the use of risk capital and financial instruments reflows for new investments in line with the EIB lending mandate; |
| --- | --- |

4.

Encourages the use of risk capital and financial instruments reflows for new investments in line with the EIB lending mandate;

| 5. | Recalls that organised cooperation between EU bodies (Commission and EIB), also federating other institutions, is likely to be more efficient than level competition; |
| --- | --- |

5.

Recalls that organised cooperation between EU bodies (Commission and EIB), also federating other institutions, is likely to be more efficient than level competition;

| 6. | Calls for a strategic orientation of EIB resources towards the specific needs of each Member State within the framework of its mandate; |
| --- | --- |

6.

Calls for a strategic orientation of EIB resources towards the specific needs of each Member State within the framework of its mandate;

| 7. | Stresses the need to make greater use of the existing joint initiatives of the Commission and EIF/EIB Group such as JEREMIE that finance small and medium-sized enterprises (SMEs) in combination with the Structural Funds (also ELENA or EPEC), in order to offer technical and financial advice services, as well as instruments such as PROGRESS and JASMINE for funding microfinancing projects, especially in those regions of the EU where the unemployed have extreme difficulty finding a job; in parallel, encourages the Commission to make available to the EIB/EIF adequate budgetary resources for this purpose, in order to increase the number of projects financed by these programmes, |
| --- | --- |

7.

Stresses the need to make greater use of the existing joint initiatives of the Commission and EIF/EIB Group such as JEREMIE that finance small and medium-sized enterprises (SMEs) in combination with the Structural Funds (also ELENA or EPEC), in order to offer technical and financial advice services, as well as instruments such as PROGRESS and JASMINE for funding microfinancing projects, especially in those regions of the EU where the unemployed have extreme difficulty finding a job; in parallel, encourages the Commission to make available to the EIB/EIF adequate budgetary resources for this purpose, in order to increase the number of projects financed by these programmes,

| 8. | Reaffirms the importance of the EIB voluntarily complying with the current Basel II capital requirements, and suggests that it meet the forthcoming Basel III obligations while remaining mindful of the specific nature of its activities; |
| --- | --- |

8.

Reaffirms the importance of the EIB voluntarily complying with the current Basel II capital requirements, and suggests that it meet the forthcoming Basel III obligations while remaining mindful of the specific nature of its activities;

| 9. | Believes that the EIB, as a bank needing to maintain its triple A rating, must not be exposed to financial interventions that would normally come under the investment section of a public budget, which is something that the EU budget is lacking; |
| --- | --- |

9.

Believes that the EIB, as a bank needing to maintain its triple A rating, must not be exposed to financial interventions that would normally come under the investment section of a public budget, which is something that the EU budget is lacking;

| 10. | Recalls its insistence, as repeatedly expressed over many years, on the need for prudential banking supervision of the EIB; |
| --- | --- |

10.

Recalls its insistence, as repeatedly expressed over many years, on the need for prudential banking supervision of the EIB;

| 11. | Proposes that this regulatory supervision should be:






  (i) | exercised by the ECB on the basis of Article 127(6) of the TFEU; or |
| --- | --- | --- |

11.

Proposes that this regulatory supervision should be:

(i)

exercised by the ECB on the basis of Article 127(6) of the TFEU; or

| (ii) | exercised in the context of the future Banking Union envisaged in the Commission’s communication of 12 September 2012 (3); or |
| --- | --- |

(ii)

exercised in the context of the future Banking Union envisaged in the Commission’s communication of 12 September 2012 (3); or

| (iii) | failing that and on the basis of a voluntary approach by the EIB, carried out by the European Banking Authority, with or without the participation of one or more national supervisors, or else by an independent auditor; |
| --- | --- |

(iii)

failing that and on the basis of a voluntary approach by the EIB, carried out by the European Banking Authority, with or without the participation of one or more national supervisors, or else by an independent auditor;

regrets that the Commission has proposed no action in this regard, despite Parliament’s requests dating back to 2007;

| 12. | Calls on the Commission to provide an assurance to Parliament that EIB activities comply with competition rules, particularly with regard to other credit institutions; |
| --- | --- |

12.

Calls on the Commission to provide an assurance to Parliament that EIB activities comply with competition rules, particularly with regard to other credit institutions;

| 13. | Reiterates its proposal for the European Union to become a member of the EIB; |
| --- | --- |

13.

Reiterates its proposal for the European Union to become a member of the EIB;

| 14. | Considers that, during the current period and for as long as the interest rates for businesses vary considerably between eurozone Member States, EIB actions are of increasing importance in the framework of the EU’s efforts to tackle this problem; |
| --- | --- |

14.

Considers that, during the current period and for as long as the interest rates for businesses vary considerably between eurozone Member States, EIB actions are of increasing importance in the framework of the EU’s efforts to tackle this problem;

| 15. | Considers that in order to develop joint EIB/EU financial instruments an appropriate framework should be put in place in a timely manner to monitor the EIB’s activities and to increase its democratic accountability by involving Parliament and the Council; this framework should allow the EIB to continue to assess projects on their own merits, in order to ensure the long-term sustainable use of EIB capital resources, and should address the need to avoid excessive administrative burdens for managing entities, financial intermediaries and final beneficiaries; |
| --- | --- |

15.

Considers that in order to develop joint EIB/EU financial instruments an appropriate framework should be put in place in a timely manner to monitor the EIB’s activities and to increase its democratic accountability by involving Parliament and the Council; this framework should allow the EIB to continue to assess projects on their own merits, in order to ensure the long-term sustainable use of EIB capital resources, and should address the need to avoid excessive administrative burdens for managing entities, financial intermediaries and final beneficiaries;

| 16. | Recommends that the implementation of EIB/EU financial instruments should be based on ex ante policy objectives and criteria, combined with a transparent and efficient ex post reporting system that will preserve the independence of the EIB as regards project selection and due diligence; |
| --- | --- |

16.

Recommends that the implementation of EIB/EU financial instruments should be based on ex ante policy objectives and criteria, combined with a transparent and efficient ex post reporting system that will preserve the independence of the EIB as regards project selection and due diligence;

| 17. | Welcomes the EU 2020 project bond initiative, and calls for a more rapid improvement of the pilot phase and a prompt evaluation of its achievements, with a view to starting with the second phase of the project bonds; believes that this initiative should contribute to a balanced development of industries and infrastructures in all the Member States and not end up magnifying the differences between more and less advanced PPP/Project Finance markets in the EU; |
| --- | --- |

17.

Welcomes the EU 2020 project bond initiative, and calls for a more rapid improvement of the pilot phase and a prompt evaluation of its achievements, with a view to starting with the second phase of the project bonds; believes that this initiative should contribute to a balanced development of industries and infrastructures in all the Member States and not end up magnifying the differences between more and less advanced PPP/Project Finance markets in the EU;

| 18. | Believes that the EIB should contribute to combating corruption and lack of transparency in the EU Member States and non-EU countries in which it operates, in particular by collecting relevant information on beneficiaries and financial intermediaries, paying particular attention to the accessibility of loans for SMEs and their links to the local economy, and publishing information about the aggregated amounts disbursed, the numbers and names of recipients of the funds concerned, in particular SMEs, as well as the regions and sectors to which they were allocated; calls, furthermore, on the EIB to act according to Article 3(5) of the EU Treaty, which, as confirmed by the ECJ on 21 December 2011 in its ATAA judgement, requires the Union to contribute to the strict observance of international law, and in particular the principles of the UN Charter; |
| --- | --- |

18.

Believes that the EIB should contribute to combating corruption and lack of transparency in the EU Member States and non-EU countries in which it operates, in particular by collecting relevant information on beneficiaries and financial intermediaries, paying particular attention to the accessibility of loans for SMEs and their links to the local economy, and publishing information about the aggregated amounts disbursed, the numbers and names of recipients of the funds concerned, in particular SMEs, as well as the regions and sectors to which they were allocated; calls, furthermore, on the EIB to act according to Article 3(5) of the EU Treaty, which, as confirmed by the ECJ on 21 December 2011 in its ATAA judgement, requires the Union to contribute to the strict observance of international law, and in particular the principles of the UN Charter;

| 19. | Encourages the EIB to continue its efforts to prevent resort to offshore financial centres or non-cooperative jurisdictions within its financing operations; in this context, welcomes the Commission’s recommendation concerning the criteria to be used to identify third countries which do not meet minimum standards of good governance in tax matters; believes that the Commission should engage in a dialogue with the EIB in order to ensure that these criteria are duly applied when selecting projects, beneficiaries and intermediaries; calls on the EIB, following a recent case in the mining sector, to indicate which procedures and standards can be adopted in any future cases of this kind; |
| --- | --- |

19.

Encourages the EIB to continue its efforts to prevent resort to offshore financial centres or non-cooperative jurisdictions within its financing operations; in this context, welcomes the Commission’s recommendation concerning the criteria to be used to identify third countries which do not meet minimum standards of good governance in tax matters; believes that the Commission should engage in a dialogue with the EIB in order to ensure that these criteria are duly applied when selecting projects, beneficiaries and intermediaries; calls on the EIB, following a recent case in the mining sector, to indicate which procedures and standards can be adopted in any future cases of this kind;

| 20. | Recalls that lack of funding is only one of the potential barriers to investment, and that poor administrative and project management capacity can often delay the implementation of investments; encourages the EIB, therefore, to further expand its provision of technical and financial advice, to encourage banking partners and other financial intermediaries to develop technical and financial advice services themselves, and to consider issuing a set of guidelines based on best practice; |
| --- | --- |

20.

Recalls that lack of funding is only one of the potential barriers to investment, and that poor administrative and project management capacity can often delay the implementation of investments; encourages the EIB, therefore, to further expand its provision of technical and financial advice, to encourage banking partners and other financial intermediaries to develop technical and financial advice services themselves, and to consider issuing a set of guidelines based on best practice;

| 21. | Recalls that lack of funding, especially for SMEs, is the main problem in several Member States; calls for the strengthening of EIB actions to support the financing of SMEs, entrepreneurship and exports, as being key to economic recovery; considers that any measure designed to improve financing conditions for SMEs should include the following three main characteristics: (i) sufficient network capillarity; (ii) maximising throughput of EIB preferential financing costs to SMEs, (iii) alignment with country-specific needs and EU policy objectives; |
| --- | --- |

21.

Recalls that lack of funding, especially for SMEs, is the main problem in several Member States; calls for the strengthening of EIB actions to support the financing of SMEs, entrepreneurship and exports, as being key to economic recovery; considers that any measure designed to improve financing conditions for SMEs should include the following three main characteristics: (i) sufficient network capillarity; (ii) maximising throughput of EIB preferential financing costs to SMEs, (iii) alignment with country-specific needs and EU policy objectives;

| 22. | Encourages the EIB to continue developing risk-sharing instruments in cooperation with the Commission, in order to optimise the risk capacity of the EU and the lending capacity of the EIB; |
| --- | --- |

22.

Encourages the EIB to continue developing risk-sharing instruments in cooperation with the Commission, in order to optimise the risk capacity of the EU and the lending capacity of the EIB;

| 23. | Considers that national public financial institutions have the capacity to ensure the throughput of EIB preferential financing costs to SMEs; suggests, therefore, that the EIB should continue implementing financial instruments for SMEs through national public institutions where they meet its lending requirements; welcomes the activities of the Long Term Investors Club aimed at enhancing cooperation between the EIB and key national public institutions; |
| --- | --- |

23.

Considers that national public financial institutions have the capacity to ensure the throughput of EIB preferential financing costs to SMEs; suggests, therefore, that the EIB should continue implementing financial instruments for SMEs through national public institutions where they meet its lending requirements; welcomes the activities of the Long Term Investors Club aimed at enhancing cooperation between the EIB and key national public institutions;

| 24. | Encourages the Commission and the EIB, in addition, to develop an EIB loan window for SMEs, serving such partners in order to extend EIB loans for SMEs to such smaller financial intermediaries (and smaller SMEs), which are currently underserved by reason of, notably, their limited credit profile; |
| --- | --- |

24.

Encourages the Commission and the EIB, in addition, to develop an EIB loan window for SMEs, serving such partners in order to extend EIB loans for SMEs to such smaller financial intermediaries (and smaller SMEs), which are currently underserved by reason of, notably, their limited credit profile;

| 25. | With a view to maintaining current levels of welfare while Member States are restructuring public financing, encourages the EIB Group and the Commission to continue supporting the social economy sector and young entrepreneurs through different initiatives such as tailored loans and guarantee schemes: welcomes, in particular, the launch of a novel investment platform providing access to finance for social enterprises that are active in addressing current social issues through their business models, and encourages the EIB to work closely with the Commission and representatives of the sector in the framework of the Social Business Initiative; |
| --- | --- |

25.

With a view to maintaining current levels of welfare while Member States are restructuring public financing, encourages the EIB Group and the Commission to continue supporting the social economy sector and young entrepreneurs through different initiatives such as tailored loans and guarantee schemes: welcomes, in particular, the launch of a novel investment platform providing access to finance for social enterprises that are active in addressing current social issues through their business models, and encourages the EIB to work closely with the Commission and representatives of the sector in the framework of the Social Business Initiative;

| 26. | Calls on the EIB to support, inter alia, those Member States that have been most affected by the crisis, by financing viable activities designed to promote employment and spur the economy on a growth path; recalls that cooperation between the EIB and the Structural Funds in Member States in difficulty is necessary with a view to implementing reliable and productive public and private investments and infrastructure projects; |
| --- | --- |

26.

Calls on the EIB to support, inter alia, those Member States that have been most affected by the crisis, by financing viable activities designed to promote employment and spur the economy on a growth path; recalls that cooperation between the EIB and the Structural Funds in Member States in difficulty is necessary with a view to implementing reliable and productive public and private investments and infrastructure projects;

| 27. | Welcomes the EIB’s framework of structural programme loans, which significantly contributes to cofinancing from national budgets in the context of the EU Structural Funds; encourages the Bank to widen this support in order to generate the necessary investments in those Member States which are severely affected by the economic crisis; points out, however, that this measure should remain separate from Structural Fund programmes and should be phased out with the end of the crisis; |
| --- | --- |

27.

Welcomes the EIB’s framework of structural programme loans, which significantly contributes to cofinancing from national budgets in the context of the EU Structural Funds; encourages the Bank to widen this support in order to generate the necessary investments in those Member States which are severely affected by the economic crisis; points out, however, that this measure should remain separate from Structural Fund programmes and should be phased out with the end of the crisis;

| 28. | Welcomes the EIB’s role in helping design a dedicated financial facility for the cultural, educational and creative sector, and considers that it should continue developing initiatives in support of cultural and educational actions; |
| --- | --- |

28.

Welcomes the EIB’s role in helping design a dedicated financial facility for the cultural, educational and creative sector, and considers that it should continue developing initiatives in support of cultural and educational actions;

| 29. | Encourages the EIB to continue, in the context of scarce public resources, its funding support to the health sector, and to assist, in particular, the construction, replacement and modernisation of hospital infrastructures; |
| --- | --- |

29.

Encourages the EIB to continue, in the context of scarce public resources, its funding support to the health sector, and to assist, in particular, the construction, replacement and modernisation of hospital infrastructures;

| 30. | Supports the EIB’s efforts to continue investing in research and innovation projects, particularly through the Risk Sharing Finance Facility and from the perspective of Horizon 2020, with a focus on the market deployment of new technologies, considering also green technologies; calls on the EIB to pursue actions aimed at bridging the research and innovation gap between EU economies, since it undermines the long-term proper functioning of the single market; |
| --- | --- |

30.

Supports the EIB’s efforts to continue investing in research and innovation projects, particularly through the Risk Sharing Finance Facility and from the perspective of Horizon 2020, with a focus on the market deployment of new technologies, considering also green technologies; calls on the EIB to pursue actions aimed at bridging the research and innovation gap between EU economies, since it undermines the long-term proper functioning of the single market;

| 31. | Encourages the EIB to continue its efforts together with the Commission to develop innovative financial instruments, with the objectives of leveraging limited EU budgetary resources in the most efficient way, mobilising private funding sources and promoting risk-sharing instruments for financing key investments for the EU, taking into account, inter alia, such areas as agriculture, climate action, energy and resource efficiency, renewables, sustainable modes of transport, innovation, trans-European networks, education and research, and thus facilitating the transition to knowledge-driven growth and sustainable development for a Union grounded in sustainable competitiveness; |
| --- | --- |

31.

Encourages the EIB to continue its efforts together with the Commission to develop innovative financial instruments, with the objectives of leveraging limited EU budgetary resources in the most efficient way, mobilising private funding sources and promoting risk-sharing instruments for financing key investments for the EU, taking into account, inter alia, such areas as agriculture, climate action, energy and resource efficiency, renewables, sustainable modes of transport, innovation, trans-European networks, education and research, and thus facilitating the transition to knowledge-driven growth and sustainable development for a Union grounded in sustainable competitiveness;

| 32. | With specific regard to energy efficiency, welcomes the EIB’s increasing activity in the sector over the last few years, and encourages the Commission and the EIB to work together in exploiting synergies and launching new joint initiatives, in particular in light of the investment needs and opportunities created by the recently adopted Energy Efficiency Directive; invites the EIB to consider inter alia the specific role of the ESCOs when defining the new joint initiative for energy efficiency; |
| --- | --- |

32.

With specific regard to energy efficiency, welcomes the EIB’s increasing activity in the sector over the last few years, and encourages the Commission and the EIB to work together in exploiting synergies and launching new joint initiatives, in particular in light of the investment needs and opportunities created by the recently adopted Energy Efficiency Directive; invites the EIB to consider inter alia the specific role of the ESCOs when defining the new joint initiative for energy efficiency;

| 33. | Welcomes the review of the EIB’s mandate for operations outside the Union; supports the EIB’s focus on investing in the long-term prosperity and stability of the EU’s neighbourhood, in particular the Mediterranean area and the countries preparing for EU membership, by financing support in the areas of interconnection, growth, climate change, European FDI and SMEs; |
| --- | --- |

33.

Welcomes the review of the EIB’s mandate for operations outside the Union; supports the EIB’s focus on investing in the long-term prosperity and stability of the EU’s neighbourhood, in particular the Mediterranean area and the countries preparing for EU membership, by financing support in the areas of interconnection, growth, climate change, European FDI and SMEs;

| 34. | Recommends action to ensure better access for the EU’s Bank to Union grants and enhance synergies with EU instruments within the frame of the new mandate, and encourages the promotion of greater use of innovative financial tools outside the EU, including equity and risk sharing-instruments for SMEs, and the provision of opportunities for microcredit financing; |
| --- | --- |

34.

Recommends action to ensure better access for the EU’s Bank to Union grants and enhance synergies with EU instruments within the frame of the new mandate, and encourages the promotion of greater use of innovative financial tools outside the EU, including equity and risk sharing-instruments for SMEs, and the provision of opportunities for microcredit financing;

| 35. | Welcomes the Bank’s regional initiatives, especially in the Baltic and Danube regions, aimed at improving the overall sustainability and competitiveness of the regions concerned; considers that these initiatives embody best practice as regards the possibility of extending support to other EU regions; |
| --- | --- |

35.

Welcomes the Bank’s regional initiatives, especially in the Baltic and Danube regions, aimed at improving the overall sustainability and competitiveness of the regions concerned; considers that these initiatives embody best practice as regards the possibility of extending support to other EU regions;

| 36. | Welcomes the Bank’s participation in the European Bank Coordination ‘Vienna’ Initiative (EBCI), which is aimed at preventing a large-scale and uncoordinated withdrawal of crossborder banking groups from the CEE and Baltic regions, as well as in the forthcoming Joint International Financial Institutions Action Plan for Recovery and Growth for the Central, Éastern and South-Eastern European Member States and candidate countries; |
| --- | --- |

36.

Welcomes the Bank’s participation in the European Bank Coordination ‘Vienna’ Initiative (EBCI), which is aimed at preventing a large-scale and uncoordinated withdrawal of crossborder banking groups from the CEE and Baltic regions, as well as in the forthcoming Joint International Financial Institutions Action Plan for Recovery and Growth for the Central, Éastern and South-Eastern European Member States and candidate countries;

| 37. | Encourages the EIB to further improve its efforts to conduct lending operations outside the EU and to step up its cooperation with other global and regional development banks, as well as the development finance agencies of Member States, in order to reduce costs and achieve more efficient use of resources; |
| --- | --- |

37.

Encourages the EIB to further improve its efforts to conduct lending operations outside the EU and to step up its cooperation with other global and regional development banks, as well as the development finance agencies of Member States, in order to reduce costs and achieve more efficient use of resources;

| 38. | Considers, within the framework of the future EU Platform for External Cooperation and Development which is expected to be proposed by the Commission, that the EIB should play a special role as the ‘EU Bank’ and natural partner of the EC/EEAS, in supporting the EU’s external policy objectives in the context of the Platform and offering its technical and financial expertise; |
| --- | --- |

38.

Considers, within the framework of the future EU Platform for External Cooperation and Development which is expected to be proposed by the Commission, that the EIB should play a special role as the ‘EU Bank’ and natural partner of the EC/EEAS, in supporting the EU’s external policy objectives in the context of the Platform and offering its technical and financial expertise;

| 39. | Recalls that it is important in the context of blending facilities to maximise the pooling of scarce budgetary resources, not only from the EU budget but also from other sources, and to ensure compliance with EU policies and standards; |
| --- | --- |

39.

Recalls that it is important in the context of blending facilities to maximise the pooling of scarce budgetary resources, not only from the EU budget but also from other sources, and to ensure compliance with EU policies and standards;

| 40. | Encourages the EIB, where possible, to make full use of potential synergies through close cooperation with the EBRD; |
| --- | --- |

40.

Encourages the EIB, where possible, to make full use of potential synergies through close cooperation with the EBRD;

| 41. | Welcomes, taking into account the current capital crunch in relation to the green economy, the EIB’s activities aimed at supporting Europe’s transition to a smarter, greener and more sustainable economy; |
| --- | --- |

41.

Welcomes, taking into account the current capital crunch in relation to the green economy, the EIB’s activities aimed at supporting Europe’s transition to a smarter, greener and more sustainable economy;

| 42. | Calls on the EIB to comply with the provisions of the Aarhus Convention and Regulations (EC) No 1367/2006 and (EC) No 1049/2001 by setting up a public register of documents, since this is needed to guarantee the right of access to documents, also with respect to the final beneficiaries of the EIB’s global loans; |
| --- | --- |

42.

Calls on the EIB to comply with the provisions of the Aarhus Convention and Regulations (EC) No 1367/2006 and (EC) No 1049/2001 by setting up a public register of documents, since this is needed to guarantee the right of access to documents, also with respect to the final beneficiaries of the EIB’s global loans;

| 43. | Recalls that it is the EIB’s responsibility to safeguard, inter alia, the European acquis concerning environmental, labour and social rights, transparency, public procurement and human rights; |
| --- | --- |

43.

Recalls that it is the EIB’s responsibility to safeguard, inter alia, the European acquis concerning environmental, labour and social rights, transparency, public procurement and human rights;

| 44. | Instructs its President to forward this resolution to the Council, the Commission, the European Investment Bank and the Governments and Parliaments of the Member States. |
| --- | --- |

44.

Instructs its President to forward this resolution to the Council, the Commission, the European Investment Bank and the Governments and Parliaments of the Member States.

---

(1)  Texts adopted, P7_TA(2012)0119.

(2)  OJ L 280, 27.10.2011, p. 1.

(3)  COM(2012)0510.

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| 22.1.2016 | EN | Official Journal of the European Union | C 24/106 |
| --- | --- | --- | --- |

22.1.2016

EN

Official Journal of the European Union

C 24/106

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P7_TA(2013)0058

Laos: the case of Sombath Somphone

European Parliament resolution of 7 February 2013 on Laos: the case of Sombath Somphone (2013/2535(RSP))

(2016/C 024/14)

The European Parliament,

| — | having regard to its previous resolutions on Laos, |
| --- | --- |

—

having regard to its previous resolutions on Laos,

| — | having regard to the statement of 21 December 2012 by the spokesperson of the UN High Commissioner for Human Rights on Laos, |
| --- | --- |

—

having regard to the statement of 21 December 2012 by the spokesperson of the UN High Commissioner for Human Rights on Laos,

| — | having regard to the statement of 21 December 2012 by the spokesperson of High Representative Catherine Ashton on the disappearance of Sombath Somphone in Laos, |
| --- | --- |

—

having regard to the statement of 21 December 2012 by the spokesperson of High Representative Catherine Ashton on the disappearance of Sombath Somphone in Laos,

| — | having regard to the statement of 16 January 2013 by the US Secretary of State, Hillary Clinton, on the disappearance of Lao civil society leader Sombath Somphone, |
| --- | --- |

—

having regard to the statement of 16 January 2013 by the US Secretary of State, Hillary Clinton, on the disappearance of Lao civil society leader Sombath Somphone,

| — | having regard to the statement of 19 December 2012 by the Lao Foreign Ministry and to that of 4 January 2013 by the Ambassador of Laos to the UN, |
| --- | --- |

—

having regard to the statement of 19 December 2012 by the Lao Foreign Ministry and to that of 4 January 2013 by the Ambassador of Laos to the UN,

| — | having regard to the letters from numerous Members of the European Parliament and national parliamentarians and to the Joint Open Letter of 17 January 2013 from 65 NGOs to the Lao Prime Minister, concerning the disappearance of Sombath Somphone, |
| --- | --- |

—

having regard to the letters from numerous Members of the European Parliament and national parliamentarians and to the Joint Open Letter of 17 January 2013 from 65 NGOs to the Lao Prime Minister, concerning the disappearance of Sombath Somphone,

| — | having regard to the letter addressed on 4 January 2013 by the Asian Forum for Human Rights and Development to the chair of the ASEAN Intergovernmental Commission on Human Rights, |
| --- | --- |

—

having regard to the letter addressed on 4 January 2013 by the Asian Forum for Human Rights and Development to the chair of the ASEAN Intergovernmental Commission on Human Rights,

| — | having regard to the EU Guidelines on Human Rights Defenders of 2008, |
| --- | --- |

—

having regard to the EU Guidelines on Human Rights Defenders of 2008,

| — | having regard to the International Convention for the Protection of All Persons from Enforced Disappearance (ICCPED), to which Laos is a signatory, and to the UN Declaration of 18 December 1992 on the Protection of All Persons from Enforced Disappearance, |
| --- | --- |

—

having regard to the International Convention for the Protection of All Persons from Enforced Disappearance (ICCPED), to which Laos is a signatory, and to the UN Declaration of 18 December 1992 on the Protection of All Persons from Enforced Disappearance,

| — | having regard to the Universal Declaration of Human Rights of 1948, |
| --- | --- |

—

having regard to the Universal Declaration of Human Rights of 1948,

| — | having regard to the International Covenant on Civil and Political Rights (ICCPR) of 1966, ratified by Laos in 2009, |
| --- | --- |

—

having regard to the International Covenant on Civil and Political Rights (ICCPR) of 1966, ratified by Laos in 2009,

| — | having regard to the UNHRC Universal Periodic Review concerning Laos of 21 September 2010, |
| --- | --- |

—

having regard to the UNHRC Universal Periodic Review concerning Laos of 21 September 2010,

| — | having regard to the Cooperation Agreement between the EU and the Lao People's Democratic Republic of 1 December 1997, |
| --- | --- |

—

having regard to the Cooperation Agreement between the EU and the Lao People's Democratic Republic of 1 December 1997,

| — | having regard to Rules 122(5) and 110(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 122(5) and 110(4) of its Rules of Procedure,

| A. | whereas Sombath Somphone, a prominent figure in social development and youth education, disappeared on 15 December 2012 in the capital of Laos, Vientiane; whereas the CCTV footage obtained by his family shows that Sombath Somphone was last seen with local police at the Thadeau police post around 6 p.m. on the date of his disappearance, and was driven away in a car by men in civilian clothes; |
| --- | --- |

A.

whereas Sombath Somphone, a prominent figure in social development and youth education, disappeared on 15 December 2012 in the capital of Laos, Vientiane; whereas the CCTV footage obtained by his family shows that Sombath Somphone was last seen with local police at the Thadeau police post around 6 p.m. on the date of his disappearance, and was driven away in a car by men in civilian clothes;

| B. | whereas in a statement of 19 December 2012 the Lao Government confirmed the incident as recorded on the security camera; whereas the authorities claim he was the victim of a kidnapping motivated by personal or business conflicts; |
| --- | --- |

B.

whereas in a statement of 19 December 2012 the Lao Government confirmed the incident as recorded on the security camera; whereas the authorities claim he was the victim of a kidnapping motivated by personal or business conflicts;

| C. | whereas the UN and 65 international human rights organisations have expressed fears that Sombath Somphone may have been subjected to enforced disappearance, possibly related to his work, as well as their grave concern over his safety and the lack of progress and information in the investigations by the Lao authorities into the facts of his disappearance; |
| --- | --- |

C.

whereas the UN and 65 international human rights organisations have expressed fears that Sombath Somphone may have been subjected to enforced disappearance, possibly related to his work, as well as their grave concern over his safety and the lack of progress and information in the investigations by the Lao authorities into the facts of his disappearance;

| D. | whereas Sombath Somphone’s family have been unable to locate him since that day, despite repeated appeals to the local authorities and searches in the surrounding area; |
| --- | --- |

D.

whereas Sombath Somphone’s family have been unable to locate him since that day, despite repeated appeals to the local authorities and searches in the surrounding area;

| E. | whereas Sombath Somphone is widely appreciated and well-known for his extensive work in the field of sustainable and fair development, notably through the creation in 1996 of PADETC, the Training Centre for Participative Development; whereas he was awarded the Ramon Magsaysay Award for Community Leadership in 2005; |
| --- | --- |

E.

whereas Sombath Somphone is widely appreciated and well-known for his extensive work in the field of sustainable and fair development, notably through the creation in 1996 of PADETC, the Training Centre for Participative Development; whereas he was awarded the Ramon Magsaysay Award for Community Leadership in 2005;

| F. | whereas in October 2012 Sombath Somphone, as a member of the Lao National Organising Committee, was one of the organisers of the 9th Asia-Europe People-to-People Forum held in Vientiane ahead of the ASEM 9, and was also one of the keynote speakers; |
| --- | --- |

F.

whereas in October 2012 Sombath Somphone, as a member of the Lao National Organising Committee, was one of the organisers of the 9th Asia-Europe People-to-People Forum held in Vientiane ahead of the ASEM 9, and was also one of the keynote speakers;

| G. | whereas a group of ASEAN parliamentarians visited Laos in the week of 14 to 18 January 2013 to inquire about Sombath Somphone; |
| --- | --- |

G.

whereas a group of ASEAN parliamentarians visited Laos in the week of 14 to 18 January 2013 to inquire about Sombath Somphone;

| H. | whereas there are violations of fundamental freedoms, particularly press and media freedom, freedom of religion, freedom of assembly, academic freedom and the rights of minorities, taking place in Laos; |
| --- | --- |

H.

whereas there are violations of fundamental freedoms, particularly press and media freedom, freedom of religion, freedom of assembly, academic freedom and the rights of minorities, taking place in Laos;

| 1. | Expresses its deep concern regarding the disappearance, safety and wellbeing of Sombath Somphone; |
| --- | --- |

1.

Expresses its deep concern regarding the disappearance, safety and wellbeing of Sombath Somphone;

| 2. | Is concerned at the tardiness and lack of transparency of the investigations into the disappearance of Sombath Somphone; calls on the Lao authorities to undertake prompt, transparent and thorough investigations, in accordance with their obligations under international human rights law, and to ensure the immediate and safe return of Sombath Somphone to his family; |
| --- | --- |

2.

Is concerned at the tardiness and lack of transparency of the investigations into the disappearance of Sombath Somphone; calls on the Lao authorities to undertake prompt, transparent and thorough investigations, in accordance with their obligations under international human rights law, and to ensure the immediate and safe return of Sombath Somphone to his family;

| 3. | Calls on the VP/HR to closely monitor the Lao Government's investigations into the disappearance of Sombath Somphone; |
| --- | --- |

3.

Calls on the VP/HR to closely monitor the Lao Government's investigations into the disappearance of Sombath Somphone;

| 4. | Asks the Lao authorities to reaffirm publicly the legality and legitimacy of the work being done in favour of sustainable development and social justice, in order to counter the intimidation provoked by disappearances such as that of Sombath Somphone; |
| --- | --- |

4.

Asks the Lao authorities to reaffirm publicly the legality and legitimacy of the work being done in favour of sustainable development and social justice, in order to counter the intimidation provoked by disappearances such as that of Sombath Somphone;

| 5. | Welcomes the visit of a group of ASEAN parliamentarians to Laos in January 2013 to seek information about Sombath Somphone, and calls on the ASEAN Human Rights Commission to establish a committee of inquiry to investigate the events surrounding the enforced disappearance of Sombath Somphone; |
| --- | --- |

5.

Welcomes the visit of a group of ASEAN parliamentarians to Laos in January 2013 to seek information about Sombath Somphone, and calls on the ASEAN Human Rights Commission to establish a committee of inquiry to investigate the events surrounding the enforced disappearance of Sombath Somphone;

| 6. | Calls on the EU to include Laos in its priorities for the 22nd session of the UN Human Rights Council; |
| --- | --- |

6.

Calls on the EU to include Laos in its priorities for the 22nd session of the UN Human Rights Council;

| 7. | Stresses that the Lao authorities should take all necessary steps to end the practice of arbitrary arrests and secret detention; calls on them to make enforced disappearance a criminal offence and to ratify the International Convention for the Protection of All Persons from Enforced Disappearance; stresses that enforced disappearances are clear violations of basic human rights and fundamental freedoms; |
| --- | --- |

7.

Stresses that the Lao authorities should take all necessary steps to end the practice of arbitrary arrests and secret detention; calls on them to make enforced disappearance a criminal offence and to ratify the International Convention for the Protection of All Persons from Enforced Disappearance; stresses that enforced disappearances are clear violations of basic human rights and fundamental freedoms;

| 8. | Calls on the Government of Laos to respect the rights of free expression and association and the rights of minorities, and to protect the right to freedom of religion or belief, ending all restrictions on the exercise of this right as recommended in the UN Universal Periodic Review of 21 September 2010; |
| --- | --- |

8.

Calls on the Government of Laos to respect the rights of free expression and association and the rights of minorities, and to protect the right to freedom of religion or belief, ending all restrictions on the exercise of this right as recommended in the UN Universal Periodic Review of 21 September 2010;

| 9. | Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the governments and parliaments of the Member States, the ASEAN Secretariat, the United Nations High Commissioner for Human Rights, the Secretary-General of the United Nations, and the Government and Parliament of Laos. |
| --- | --- |

9.

Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the governments and parliaments of the Member States, the ASEAN Secretariat, the United Nations High Commissioner for Human Rights, the Secretary-General of the United Nations, and the Government and Parliament of Laos.

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| 22.1.2016 | EN | Official Journal of the European Union | C 24/108 |
| --- | --- | --- | --- |

22.1.2016

EN

Official Journal of the European Union

C 24/108

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P7_TA(2013)0059

Detention of human rights activists in Zimbabwe

European Parliament resolution of 7 February 2013 on the detention of human rights activists in Zimbabwe (2013/2536(RSP))

(2016/C 024/15)

The European Parliament,

| — | having regard to its previous resolutions on Zimbabwe, most recently of 17 January 2013 (1) (2013/2515(RSP)), |
| --- | --- |

—

having regard to its previous resolutions on Zimbabwe, most recently of 17 January 2013 (1) (2013/2515(RSP)),

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

—

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

| — | having regard to the Council of the European Union conclusions of 23 July 2012 on Zimbabwe and to Council Implementing Decision 2012/124/CFSP concerning restrictive measures against Zimbabwe, |
| --- | --- |

—

having regard to the Council of the European Union conclusions of 23 July 2012 on Zimbabwe and to Council Implementing Decision 2012/124/CFSP concerning restrictive measures against Zimbabwe,

| — | having regard to the EU declaration on Zimbabwe by the High Representative for Foreign Affairs and Security Policy, Catherine Ashton, on 15 February 2011, |
| --- | --- |

—

having regard to the EU declaration on Zimbabwe by the High Representative for Foreign Affairs and Security Policy, Catherine Ashton, on 15 February 2011,

| — | having regard to the EU Delegation to the Republic of Zimbabwe’s statements of 17 August 2012 and of 12 November 2012 on recent incidents of harassment of human rights defenders, |
| --- | --- |

—

having regard to the EU Delegation to the Republic of Zimbabwe’s statements of 17 August 2012 and of 12 November 2012 on recent incidents of harassment of human rights defenders,

| — | having regard to the statements by the UN High Commissioner for Human Rights (HCHR) of 24 May 2012 and of 29 May 2012, |
| --- | --- |

—

having regard to the statements by the UN High Commissioner for Human Rights (HCHR) of 24 May 2012 and of 29 May 2012,

| — | having regard to the statement by the spokesperson for the Office of the High Commissioner for Human Rights (OHCHR) of 18 January 2013 on recent attacks on human rights defenders ahead of elections, |
| --- | --- |

—

having regard to the statement by the spokesperson for the Office of the High Commissioner for Human Rights (OHCHR) of 18 January 2013 on recent attacks on human rights defenders ahead of elections,

| — | having regard to the UN Millennium Declaration of 8 September 2000, which sets out the Millennium Development Goals, |
| --- | --- |

—

having regard to the UN Millennium Declaration of 8 September 2000, which sets out the Millennium Development Goals,

| — | having regard to the African Charter of Human and Peoples’ Rights of June 1981, which Zimbabwe has ratified, |
| --- | --- |

—

having regard to the African Charter of Human and Peoples’ Rights of June 1981, which Zimbabwe has ratified,

| — | having regard to the African Charter on Democracy, Elections and Governance of January 2007, which Zimbabwe has ratified, |
| --- | --- |

—

having regard to the African Charter on Democracy, Elections and Governance of January 2007, which Zimbabwe has ratified,

| — | having regard to the Universal Declaration of Human Rights of December 1948, |
| --- | --- |

—

having regard to the Universal Declaration of Human Rights of December 1948,

| — | having regard to the UN Declaration on Human Rights Defenders of December 1998, |
| --- | --- |

—

having regard to the UN Declaration on Human Rights Defenders of December 1998,

| — | having regard to Rules 122(5) and 110(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 122(5) and 110(4) of its Rules of Procedure,

| A. | whereas there has been a marked increase in intimidation, arbitrary arrests, judicial harassment and disappearances of human rights activists and political opponents of Robert Mugabe’s Zanu-PF in a period that is now seen as the run-up to elections, with many MDC members, several MDC MPs, and key members of the MDC leadership, such as Energy Minister Elton Mangoma, co-Home Affairs Minister Theresa Makone and ousted Speaker of the Zimbabwean Parliament Lovemore Moyo, being targeted; |
| --- | --- |

A.

whereas there has been a marked increase in intimidation, arbitrary arrests, judicial harassment and disappearances of human rights activists and political opponents of Robert Mugabe’s Zanu-PF in a period that is now seen as the run-up to elections, with many MDC members, several MDC MPs, and key members of the MDC leadership, such as Energy Minister Elton Mangoma, co-Home Affairs Minister Theresa Makone and ousted Speaker of the Zimbabwean Parliament Lovemore Moyo, being targeted;

| B. | whereas Okay Machisa, National Executive Director of the Zimbabwe Human Rights Association (ZimRights) and Chairperson of the Crisis in Zimbabwe Coalition, was arrested on 14 January 2013; |
| --- | --- |

B.

whereas Okay Machisa, National Executive Director of the Zimbabwe Human Rights Association (ZimRights) and Chairperson of the Crisis in Zimbabwe Coalition, was arrested on 14 January 2013;

| C. | whereas Okay Machisa was charged with ‘publishing falsehoods’, ‘forgery’ and ‘fraud’, thus contravening Sections 31, 136 and 137 of the Criminal Law (Codification and Reform) Act and allegedly attempting to defraud the Registrar General’s Office by forging and manufacturing counterfeit copies of certificates of voter registration; |
| --- | --- |

C.

whereas Okay Machisa was charged with ‘publishing falsehoods’, ‘forgery’ and ‘fraud’, thus contravening Sections 31, 136 and 137 of the Criminal Law (Codification and Reform) Act and allegedly attempting to defraud the Registrar General’s Office by forging and manufacturing counterfeit copies of certificates of voter registration;

| D. | whereas Okay Machisa remained in detention in Harare and Rhodesville police stations; whereas he was granted bail by the High Court subject to excessive conditions; |
| --- | --- |

D.

whereas Okay Machisa remained in detention in Harare and Rhodesville police stations; whereas he was granted bail by the High Court subject to excessive conditions;

| E. | whereas other members of ZimRights — Leo Chamahwinya, the Education Programmes Officer, and Dorcas Shereni, the Highfields local chapter Chairperson — are also facing arbitrary detention and judicial harassment and are remanded until 4 February 2013 under a decision taken by the Magistrate Court on 21 January 2013; |
| --- | --- |

E.

whereas other members of ZimRights — Leo Chamahwinya, the Education Programmes Officer, and Dorcas Shereni, the Highfields local chapter Chairperson — are also facing arbitrary detention and judicial harassment and are remanded until 4 February 2013 under a decision taken by the Magistrate Court on 21 January 2013;

| F. | whereas the arrest and detention of Machisa, Chamahwinya and Shereni followed a police raid on the ZimRights offices on 13 December 2012; |
| --- | --- |

F.

whereas the arrest and detention of Machisa, Chamahwinya and Shereni followed a police raid on the ZimRights offices on 13 December 2012;

| G. | whereas these arrests occurred just a few weeks after ZimRights denounced the trend of increasing police brutality across Zimbabwe and called for urgent action by the competent authorities to address these human rights violations; |
| --- | --- |

G.

whereas these arrests occurred just a few weeks after ZimRights denounced the trend of increasing police brutality across Zimbabwe and called for urgent action by the competent authorities to address these human rights violations;

| H. | whereas the 5 November 2012 raid by police on the office of the Zimbabwean Counselling Services Unit (CSU), a registered medical clinic which provides medical and counselling services to victims of organised violence and torture, and the detention of three staff members without formal charges, gives cause for alarm; |
| --- | --- |

H.

whereas the 5 November 2012 raid by police on the office of the Zimbabwean Counselling Services Unit (CSU), a registered medical clinic which provides medical and counselling services to victims of organised violence and torture, and the detention of three staff members without formal charges, gives cause for alarm;

| I. | whereas freedom of assembly, association and expression are essential components of any democracy, particularly in the context of concluding the constitution-making process and preparing for democratic elections; |
| --- | --- |

I.

whereas freedom of assembly, association and expression are essential components of any democracy, particularly in the context of concluding the constitution-making process and preparing for democratic elections;

| J. | whereas the Zimbabwean NGOs which were raided by police in 2012 include the Zimbabwe Human Rights Association (Zimrights), the Counselling Services Unit (CSU), the Zimbabwe Human Rights NGO Forum, the Election Resource Centre (ERC), and the Gays and Lesbians Association of Zimbabwe (GALZ); |
| --- | --- |

J.

whereas the Zimbabwean NGOs which were raided by police in 2012 include the Zimbabwe Human Rights Association (Zimrights), the Counselling Services Unit (CSU), the Zimbabwe Human Rights NGO Forum, the Election Resource Centre (ERC), and the Gays and Lesbians Association of Zimbabwe (GALZ);

| K. | whereas a coalition government was formed in 2009 following a power-sharing deal agreed in September between ZANU-PF and MDC to put an end to the political deadlock and human rights violations after the legislative and presidential elections in 2008; |
| --- | --- |

K.

whereas a coalition government was formed in 2009 following a power-sharing deal agreed in September between ZANU-PF and MDC to put an end to the political deadlock and human rights violations after the legislative and presidential elections in 2008;

| L. | whereas the Government of National Unity (GNU) undertook in its Global Political Agreement (GPA) to create a new constitution, respect human rights and the freedom of political activity and revive the economy; whereas despite demanding an end to EU restrictive measures, it has failed to meet its obligations under the GPA, has struggled to bring stability to the country and has failed to pave the way for a democratic transition through credible elections, due to deliberate Zanu-PF obstruction; |
| --- | --- |

L.

whereas the Government of National Unity (GNU) undertook in its Global Political Agreement (GPA) to create a new constitution, respect human rights and the freedom of political activity and revive the economy; whereas despite demanding an end to EU restrictive measures, it has failed to meet its obligations under the GPA, has struggled to bring stability to the country and has failed to pave the way for a democratic transition through credible elections, due to deliberate Zanu-PF obstruction;

| M. | whereas an effective Human Rights Commission would be an important step in the implementation of the Global Political Agreement and of the agreed roadmap for peaceful and credible elections; |
| --- | --- |

M.

whereas an effective Human Rights Commission would be an important step in the implementation of the Global Political Agreement and of the agreed roadmap for peaceful and credible elections;

| N. | whereas provisions regarding good governance, transparency in political offices and human rights have to be respected in accordance with Articles 11b, 96 and 97 of the Cotonou Agreement; |
| --- | --- |

N.

whereas provisions regarding good governance, transparency in political offices and human rights have to be respected in accordance with Articles 11b, 96 and 97 of the Cotonou Agreement;

| O. | whereas the economic recovery of the country is still fragile and certain State policies pose a threat to future economic relations between the Union and Zimbabwe; |
| --- | --- |

O.

whereas the economic recovery of the country is still fragile and certain State policies pose a threat to future economic relations between the Union and Zimbabwe;

| 1. | Condemns the continuing violation of human rights, including the political intimidation, harassment and arbitrary arrest of human rights activists; |
| --- | --- |

1.

Condemns the continuing violation of human rights, including the political intimidation, harassment and arbitrary arrest of human rights activists;

| 2. | Calls upon the authorities of Zimbabwe to release all human rights defenders detained for exercising human rights activities, to end judicial harassment and to fully investigate abuses faced by human rights defenders; |
| --- | --- |

2.

Calls upon the authorities of Zimbabwe to release all human rights defenders detained for exercising human rights activities, to end judicial harassment and to fully investigate abuses faced by human rights defenders;

| 3. | Calls upon the authorities of Zimbabwe to release Ms Dorcas Shereni and Mr Leo Chamahwinya immediately and unconditionally; |
| --- | --- |

3.

Calls upon the authorities of Zimbabwe to release Ms Dorcas Shereni and Mr Leo Chamahwinya immediately and unconditionally;

| 4. | Calls upon the authorities of Zimbabwe to guarantee in all circumstances the physical and psychological integrity of Messrs Okay Machisa and Leo Chamahwinya, Ms Dorcas Shereni and Ms Faith Mamutse; |
| --- | --- |

4.

Calls upon the authorities of Zimbabwe to guarantee in all circumstances the physical and psychological integrity of Messrs Okay Machisa and Leo Chamahwinya, Ms Dorcas Shereni and Ms Faith Mamutse;

| 5. | Calls on Zimbabwe to abide by the United Nations Declaration on Human Rights Defenders, adopted by the UN General Assembly in 1998, and in particular Article 1 thereof, which states that ‘everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels’; |
| --- | --- |

5.

Calls on Zimbabwe to abide by the United Nations Declaration on Human Rights Defenders, adopted by the UN General Assembly in 1998, and in particular Article 1 thereof, which states that ‘everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels’;

| 6. | Recalls that under the Global Political Agreement (GPA) Zimbabwe committed to ensuring that both its legislation and its procedures and practices are in accordance with international human rights principles and laws; |
| --- | --- |

6.

Recalls that under the Global Political Agreement (GPA) Zimbabwe committed to ensuring that both its legislation and its procedures and practices are in accordance with international human rights principles and laws;

| 7. | Calls on the GNU to bring changes to repressive laws such as the Access to Information and Protection of Privacy Act, the Public Order and Security Act, and the Criminal Law (Codification and Reform) Act before holding the general election, as these laws have been used to severely curtail basic rights; |
| --- | --- |

7.

Calls on the GNU to bring changes to repressive laws such as the Access to Information and Protection of Privacy Act, the Public Order and Security Act, and the Criminal Law (Codification and Reform) Act before holding the general election, as these laws have been used to severely curtail basic rights;

| 8. | Is concerned that there have been no changes to date to Zimbabwe’s justice system which is widely considered as extremely partisan towards Zanu-PF; |
| --- | --- |

8.

Is concerned that there have been no changes to date to Zimbabwe’s justice system which is widely considered as extremely partisan towards Zanu-PF;

| 9. | Supports, as mandated in the recently gazetted Amendment to the Electoral Act and in this electoral context, the active participation of the Human Rights Commission, which should deal independently and transparently with the pressing human rights issues and is expected to investigate human rights complaints, to advise on human-rights-friendly legislation, and to promote and protect human rights in general; |
| --- | --- |

9.

Supports, as mandated in the recently gazetted Amendment to the Electoral Act and in this electoral context, the active participation of the Human Rights Commission, which should deal independently and transparently with the pressing human rights issues and is expected to investigate human rights complaints, to advise on human-rights-friendly legislation, and to promote and protect human rights in general;

| 10. | Acknowledges the establishment of the Zimbabwean Human Rights Commission but is concerned that it has not been given any significant capacity with which to act independently and fulfil its objectives with regard to the pressing human rights issues facing the country; |
| --- | --- |

10.

Acknowledges the establishment of the Zimbabwean Human Rights Commission but is concerned that it has not been given any significant capacity with which to act independently and fulfil its objectives with regard to the pressing human rights issues facing the country;

| 11. | Calls on the Zimbabwean Government to take the necessary steps, including restoration of the rule of law, democracy and respect for human rights and, in particular, to organise a peaceful and credible constitutional referendum and electoral preparations that meet recognised international standards, so that the targeted measures can be suspended; |
| --- | --- |

11.

Calls on the Zimbabwean Government to take the necessary steps, including restoration of the rule of law, democracy and respect for human rights and, in particular, to organise a peaceful and credible constitutional referendum and electoral preparations that meet recognised international standards, so that the targeted measures can be suspended;

| 12. | Urges in this context more active participation by the Southern African Development Community (SADC); considers that this regional organisation has an important role to play as guarantor to the GPA, insisting inter alia on the implementation of the agreement and in particular Article 13 thereof to ensure non-partisan action by the police and other security forces; |
| --- | --- |

12.

Urges in this context more active participation by the Southern African Development Community (SADC); considers that this regional organisation has an important role to play as guarantor to the GPA, insisting inter alia on the implementation of the agreement and in particular Article 13 thereof to ensure non-partisan action by the police and other security forces;

| 13. | Calls on the SADC to assess the human rights situation and the SADC Principles and Guidelines Governing Democratic Elections before the organisation of the upcoming elections in Zimbabwe; |
| --- | --- |

13.

Calls on the SADC to assess the human rights situation and the SADC Principles and Guidelines Governing Democratic Elections before the organisation of the upcoming elections in Zimbabwe;

| 14. | Urges the deployment of international observers, in particular from the SADC and Pan-African Parliament, at an early stage and in sufficient numbers, and that they remain on the ground before and after the elections to deter violence and intimidation, and in this context, to cooperate with the Human Rights Commission; |
| --- | --- |

14.

Urges the deployment of international observers, in particular from the SADC and Pan-African Parliament, at an early stage and in sufficient numbers, and that they remain on the ground before and after the elections to deter violence and intimidation, and in this context, to cooperate with the Human Rights Commission;

| 15. | Supports the EU’s targeted measures currently in place, which are a response to the political and human rights situation in Zimbabwe, with annual decisions allowing the EU to keep senior figures in the Zimbabwe Government under constant review; urges the GNU to take the necessary steps that would enable those measures to be suspended in due course; |
| --- | --- |

15.

Supports the EU’s targeted measures currently in place, which are a response to the political and human rights situation in Zimbabwe, with annual decisions allowing the EU to keep senior figures in the Zimbabwe Government under constant review; urges the GNU to take the necessary steps that would enable those measures to be suspended in due course;

| 16. | Calls on the EU delegation in Harare to continue to offer its assistance to Zimbabwe’s Government of National Unity in order to improve the human rights situation with a view to peaceful and credible elections in line with the standards the EU would expect of any of its trading partners; |
| --- | --- |

16.

Calls on the EU delegation in Harare to continue to offer its assistance to Zimbabwe’s Government of National Unity in order to improve the human rights situation with a view to peaceful and credible elections in line with the standards the EU would expect of any of its trading partners;

| 17. | Deplores the absence of a strong human rights clause in the interim EPA concluded with four Eastern and Southern African (ESA) States, including Zimbabwe; repeats its call for trade agreements concluded by the EU to include binding and non-negotiable human rights clauses; urges the European Commission to make this a priority in the continuing negotiations for a full EPA with the ESA States; |
| --- | --- |

17.

Deplores the absence of a strong human rights clause in the interim EPA concluded with four Eastern and Southern African (ESA) States, including Zimbabwe; repeats its call for trade agreements concluded by the EU to include binding and non-negotiable human rights clauses; urges the European Commission to make this a priority in the continuing negotiations for a full EPA with the ESA States;

| 18. | Stresses that the suspension of EU development cooperation (Article 96 of the Cotonou Agreement) should be maintained under the circumstances but that the EU remains committed in its support to the local population; |
| --- | --- |

18.

Stresses that the suspension of EU development cooperation (Article 96 of the Cotonou Agreement) should be maintained under the circumstances but that the EU remains committed in its support to the local population;

| 19. | Calls on the World Bank and Zimbabwe to respect international court rulings; |
| --- | --- |

19.

Calls on the World Bank and Zimbabwe to respect international court rulings;

| 20. | Instructs its President to forward this Resolution to the Council, the European Commission, the VP/High Representative of the Union for Foreign Affairs and Security Policy, the governments and the Parliaments of the Member States, the EEAS, the government and the Parliament of Zimbabwe, the governments of the South African Development Community, the World Bank, the Commonwealth Secretary-General and the Pan-African Parliament. |
| --- | --- |

20.

Instructs its President to forward this Resolution to the Council, the European Commission, the VP/High Representative of the Union for Foreign Affairs and Security Policy, the governments and the Parliaments of the Member States, the EEAS, the government and the Parliament of Zimbabwe, the governments of the South African Development Community, the World Bank, the Commonwealth Secretary-General and the Pan-African Parliament.

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(1)  Texts adopted, P7_TA(2013)0024.

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| 22.1.2016 | EN | Official Journal of the European Union | C 24/111 |
| --- | --- | --- | --- |

22.1.2016

EN

Official Journal of the European Union

C 24/111

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P7_TA(2013)0060

Recent attacks on medical aid workers in Pakistan

European Parliament resolution of 7 February 2013 on recent attacks on medical aid workers in Pakistan (2013/2537(RSP))

(2016/C 024/16)

The European Parliament,

| — | having regard to its previous resolutions on Pakistan, |
| --- | --- |

—

having regard to its previous resolutions on Pakistan,

| — | having regard to the statement issued by the World Health Organisation (WHO) and the United Nations Children’s Fund (Unicef) on 18 December 2012, |
| --- | --- |

—

having regard to the statement issued by the World Health Organisation (WHO) and the United Nations Children’s Fund (Unicef) on 18 December 2012,

| — | having regard to the Commission communication entitled ‘A Special Place for Children in EU External Action’ (COM(2008)0055), |
| --- | --- |

—

having regard to the Commission communication entitled ‘A Special Place for Children in EU External Action’ (COM(2008)0055),

| — | having regard to its resolution of 18 April 2012 on the Annual Report on Human Rights in the World and the European Union’s policy on the matter, including implications for the EU’s strategic human rights policy (1), |
| --- | --- |

—

having regard to its resolution of 18 April 2012 on the Annual Report on Human Rights in the World and the European Union’s policy on the matter, including implications for the EU’s strategic human rights policy (1),

| — | having regard to the EU-Pakistan five-year engagement plan of March 2012, which set out priorities such as good governance, cooperation in the field of women’s empowerment and dialogue on human rights, |
| --- | --- |

—

having regard to the EU-Pakistan five-year engagement plan of March 2012, which set out priorities such as good governance, cooperation in the field of women’s empowerment and dialogue on human rights,

| — | having regard to the Council conclusions on Pakistan of 25 June 2012, which reiterate the EU’s expectations regarding the promotion of, and respect for, human rights, |
| --- | --- |

—

having regard to the Council conclusions on Pakistan of 25 June 2012, which reiterate the EU’s expectations regarding the promotion of, and respect for, human rights,

| — | having regard to the national polio eradication programme initiated by Pakistan in 1994, |
| --- | --- |

—

having regard to the national polio eradication programme initiated by Pakistan in 1994,

| — | having regard to the WHO’s Global Polio Eradication Initiative (GPEI) and to its new Polio Eradication and Endgame Strategic Plan (2013-2018), |
| --- | --- |

—

having regard to the WHO’s Global Polio Eradication Initiative (GPEI) and to its new Polio Eradication and Endgame Strategic Plan (2013-2018),

| — | having regard to the European Consensus on Humanitarian Aid, |
| --- | --- |

—

having regard to the European Consensus on Humanitarian Aid,

| — | having regard to Rules 122(5) and 110(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 122(5) and 110(4) of its Rules of Procedure,

| A. | whereas Pakistan, according to the WHO, is one of the last three countries in which polio is still endemic, with 198 infections in 2011; whereas, according to the WHO, a failure to stop polio would mean serious health risks for the region and beyond, as polio is a highly infectious disease; |
| --- | --- |

A.

whereas Pakistan, according to the WHO, is one of the last three countries in which polio is still endemic, with 198 infections in 2011; whereas, according to the WHO, a failure to stop polio would mean serious health risks for the region and beyond, as polio is a highly infectious disease;

| B. | whereas on 1 January 2013 six medical aid workers and one doctor were gunned down on their way home from the community centre where they were employed by a non-governmental organisation in the north-western Swabi region, about 75 kilometres (45 miles) northwest of the capital, Islamabad; |
| --- | --- |

B.

whereas on 1 January 2013 six medical aid workers and one doctor were gunned down on their way home from the community centre where they were employed by a non-governmental organisation in the north-western Swabi region, about 75 kilometres (45 miles) northwest of the capital, Islamabad;

| C. | whereas from 17 to 19 December 2012 nine health workers involved in Pakistan’s polio eradication campaign, six of them women, were gunned down in Karachi and Peshawar; |
| --- | --- |

C.

whereas from 17 to 19 December 2012 nine health workers involved in Pakistan’s polio eradication campaign, six of them women, were gunned down in Karachi and Peshawar;

| D. | whereas on 29 January 2013 a policeman providing security for a UN-protected polio vaccination team was killed near Swabi, and whereas on 31 January 2013 two polio vaccination workers were killed in a landmine blast in north-west Pakistan, although it is unclear whether this was a targeted attack; |
| --- | --- |

D.

whereas on 29 January 2013 a policeman providing security for a UN-protected polio vaccination team was killed near Swabi, and whereas on 31 January 2013 two polio vaccination workers were killed in a landmine blast in north-west Pakistan, although it is unclear whether this was a targeted attack;

| E. | whereas in another attack in July 2012, a Ghanaian WHO doctor and his driver, who were helping fight polio in Karachi, were wounded; |
| --- | --- |

E.

whereas in another attack in July 2012, a Ghanaian WHO doctor and his driver, who were helping fight polio in Karachi, were wounded;

| F. | whereas it is suspected that all of these attacks were linked to campaigns to vaccinate Pakistani children against polio; |
| --- | --- |

F.

whereas it is suspected that all of these attacks were linked to campaigns to vaccinate Pakistani children against polio;

| G. | whereas the latest series of killings prompted the WHO and Unicef to suspend polio campaigns in the country; whereas the Government of Pakistan and the provinces of Sindh and Khyber have also temporarily suspended the vaccination campaign on account of concerns over the safety of health workers; |
| --- | --- |

G.

whereas the latest series of killings prompted the WHO and Unicef to suspend polio campaigns in the country; whereas the Government of Pakistan and the provinces of Sindh and Khyber have also temporarily suspended the vaccination campaign on account of concerns over the safety of health workers;

| H. | whereas the Pakistani Government has declared polio a national emergency and is currently undertaking a polio vaccination campaign in an effort to eradicate the disease within its borders; whereas this campaign is supported internationally by the WHO, Unicef and others and is part of the Global Polio Eradication Initiative; whereas the campaign is targeting 33 million children for vaccination, with several hundred thousand health workers, many of them women, carrying out vaccinations nationwide; |
| --- | --- |

H.

whereas the Pakistani Government has declared polio a national emergency and is currently undertaking a polio vaccination campaign in an effort to eradicate the disease within its borders; whereas this campaign is supported internationally by the WHO, Unicef and others and is part of the Global Polio Eradication Initiative; whereas the campaign is targeting 33 million children for vaccination, with several hundred thousand health workers, many of them women, carrying out vaccinations nationwide;

| I. | whereas health sector spending in Pakistan receives less than 0,3 % of the annual budget, at both the federal and the provincial levels; |
| --- | --- |

I.

whereas health sector spending in Pakistan receives less than 0,3 % of the annual budget, at both the federal and the provincial levels;

| J. | whereas most attacks on health workers have taken place in north-western areas near militant strongholds, and are allegedly linked to the Taliban; |
| --- | --- |

J.

whereas most attacks on health workers have taken place in north-western areas near militant strongholds, and are allegedly linked to the Taliban;

| K. | whereas such attacks deprive children in Pakistan of their right to basic life-saving health interventions and place them at risk of a disease that causes lifelong disability; |
| --- | --- |

K.

whereas such attacks deprive children in Pakistan of their right to basic life-saving health interventions and place them at risk of a disease that causes lifelong disability;

| L. | whereas the reason for the recent attacks seems to be opposition to the vaccination campaigns among Islamic extremist groups, who allege that the vaccine is intended to make Muslim children sterile; |
| --- | --- |

L.

whereas the reason for the recent attacks seems to be opposition to the vaccination campaigns among Islamic extremist groups, who allege that the vaccine is intended to make Muslim children sterile;

| M. | whereas, in order to justify their criminal acts, the Taliban have used the excuse that in the past foreign intelligence agencies used local vaccination teams across Pakistan for the purpose of gathering intelligence; |
| --- | --- |

M.

whereas, in order to justify their criminal acts, the Taliban have used the excuse that in the past foreign intelligence agencies used local vaccination teams across Pakistan for the purpose of gathering intelligence;

| N. | whereas educators and health workers are increasingly being targeted by militant Islamic groups such as Tehreek-e-Taliban (TTP) and Jundullah, which oppose the anti-polio efforts in Pakistan, viewing them as a means of promoting a foreign, liberal agenda; |
| --- | --- |

N.

whereas educators and health workers are increasingly being targeted by militant Islamic groups such as Tehreek-e-Taliban (TTP) and Jundullah, which oppose the anti-polio efforts in Pakistan, viewing them as a means of promoting a foreign, liberal agenda;

| O. | whereas the deadly attacks reflect the growing insecurity faced by aid workers in Pakistan; whereas, according to the Aid Worker Security Database’s 2012 report, Pakistan is among the five most dangerous countries for aid workers; |
| --- | --- |

O.

whereas the deadly attacks reflect the growing insecurity faced by aid workers in Pakistan; whereas, according to the Aid Worker Security Database’s 2012 report, Pakistan is among the five most dangerous countries for aid workers;

| P. | whereas NGOs and aid workers play a vital role in many areas and provinces of Pakistan, in particular in tribal areas, where the government has been unable to provide services such as medical clinics or schools; |
| --- | --- |

P.

whereas NGOs and aid workers play a vital role in many areas and provinces of Pakistan, in particular in tribal areas, where the government has been unable to provide services such as medical clinics or schools;

| Q. | whereas most of the victims of the attacks on medical staff were women, which coincides with the Taliban militants’ routine of attacking female workers and advocates in order to send the message that women may not work outside the home; |
| --- | --- |

Q.

whereas most of the victims of the attacks on medical staff were women, which coincides with the Taliban militants’ routine of attacking female workers and advocates in order to send the message that women may not work outside the home;

| 1. | Strongly condemns the multiple killings of, and attacks on, medical workers and the security forces assigned to protect them which have taken place in recent months; stresses that these attacks deprive Pakistan’s most vulnerable populations, especially children, of basic life-saving health interventions; |
| --- | --- |

1.

Strongly condemns the multiple killings of, and attacks on, medical workers and the security forces assigned to protect them which have taken place in recent months; stresses that these attacks deprive Pakistan’s most vulnerable populations, especially children, of basic life-saving health interventions;

| 2. | Expresses its condolences to the victims’ families; |
| --- | --- |

2.

Expresses its condolences to the victims’ families;

| 3. | Welcomes the widespread condemnation of the attacks by the Government of Pakistan and the country’s civil society; |
| --- | --- |

3.

Welcomes the widespread condemnation of the attacks by the Government of Pakistan and the country’s civil society;

| 4. | Calls on the Government of Pakistan to bring to justice those responsible for the attacks in recent months; |
| --- | --- |

4.

Calls on the Government of Pakistan to bring to justice those responsible for the attacks in recent months;

| 5. | Expresses its admiration for the courage and determination of those health workers, many of them women, who, despite facing great danger, work selflessly to eradicate polio and provide other health services to children in Pakistan; |
| --- | --- |

5.

Expresses its admiration for the courage and determination of those health workers, many of them women, who, despite facing great danger, work selflessly to eradicate polio and provide other health services to children in Pakistan;

| 6. | Stresses the need for aid workers to be able to operate in a secure environment; remains deeply concerned that international aid workers are being increasingly linked by militants to western intelligence agents and military forces; |
| --- | --- |

6.

Stresses the need for aid workers to be able to operate in a secure environment; remains deeply concerned that international aid workers are being increasingly linked by militants to western intelligence agents and military forces;

| 7. | Emphasises that the interruption of the polio vaccination programme in Pakistan deals a serious blow to the worldwide efforts to eradicate polio once and for all in the near future; |
| --- | --- |

7.

Emphasises that the interruption of the polio vaccination programme in Pakistan deals a serious blow to the worldwide efforts to eradicate polio once and for all in the near future;

| 8. | Welcomes the Pakistani Government’s ‘National Emergency Action Plan for Polio Eradication in 2012’ and stresses the importance of its being continued successfully in order to avoid an increase in the number of infections; notes that since the start of the latest immunisation campaign the number of infections has reached historic lows; |
| --- | --- |

8.

Welcomes the Pakistani Government’s ‘National Emergency Action Plan for Polio Eradication in 2012’ and stresses the importance of its being continued successfully in order to avoid an increase in the number of infections; notes that since the start of the latest immunisation campaign the number of infections has reached historic lows;

| 9. | Welcomes the commitment expressed by the WHO and other international organisations to continue supporting the Government of Pakistan and the people of Pakistan in their efforts to rid the country of polio and other diseases; |
| --- | --- |

9.

Welcomes the commitment expressed by the WHO and other international organisations to continue supporting the Government of Pakistan and the people of Pakistan in their efforts to rid the country of polio and other diseases;

| 10. | Calls on the Commission and the European External Action Service to look at working with the World Health Organisation in supporting the Lady Health Worker Programme, aimed at increasing access to basic preventive health services, particularly in rural areas; |
| --- | --- |

10.

Calls on the Commission and the European External Action Service to look at working with the World Health Organisation in supporting the Lady Health Worker Programme, aimed at increasing access to basic preventive health services, particularly in rural areas;

| 11. | Welcomes the efforts already made by the Government of Pakistan to ensure safety during medical campaigns and to develop a new strategy to protect aid workers; calls on the Government of Pakistan, however, significantly to increase security measures for aid organisations and their workers; |
| --- | --- |

11.

Welcomes the efforts already made by the Government of Pakistan to ensure safety during medical campaigns and to develop a new strategy to protect aid workers; calls on the Government of Pakistan, however, significantly to increase security measures for aid organisations and their workers;

| 12. | Calls on governments worldwide to safeguard the neutrality of humanitarian work, as a failure to do so may leave tens of thousands of people vulnerable to illnesses and endanger those who provide legitimate and essential health services; |
| --- | --- |

12.

Calls on governments worldwide to safeguard the neutrality of humanitarian work, as a failure to do so may leave tens of thousands of people vulnerable to illnesses and endanger those who provide legitimate and essential health services;

| 13. | Is deeply concerned about the situation of women in Pakistan, particularly women and girls who become active in society and have received threats from the Taliban and other extremist groups; |
| --- | --- |

13.

Is deeply concerned about the situation of women in Pakistan, particularly women and girls who become active in society and have received threats from the Taliban and other extremist groups;

| 14. | Encourages the Government of Pakistan to implement a comprehensive information campaign with a view to building up greater support and ownership in Pakistani society and enhancing the level of trust regarding vaccination campaigns; calls, in this connection, on the Pakistani Government to enter into dialogue with community leaders in order to address the root causes of the problem; |
| --- | --- |

14.

Encourages the Government of Pakistan to implement a comprehensive information campaign with a view to building up greater support and ownership in Pakistani society and enhancing the level of trust regarding vaccination campaigns; calls, in this connection, on the Pakistani Government to enter into dialogue with community leaders in order to address the root causes of the problem;

| 15. | Believes that both the media and civil society in Pakistan, in cooperation with international organisations and NGOs involved in humanitarian action, have an obligation to help raise awareness of the important and independent role played by medical aid workers in assisting the population; |
| --- | --- |

15.

Believes that both the media and civil society in Pakistan, in cooperation with international organisations and NGOs involved in humanitarian action, have an obligation to help raise awareness of the important and independent role played by medical aid workers in assisting the population;

| 16. | Reiterates the EU’s readiness to provide assistance for the upcoming elections in Pakistan, which will be crucial for its democratic future and for stability in the region; notes that the EU has still not received a formal invitation letter from the Pakistani authorities to do so; |
| --- | --- |

16.

Reiterates the EU’s readiness to provide assistance for the upcoming elections in Pakistan, which will be crucial for its democratic future and for stability in the region; notes that the EU has still not received a formal invitation letter from the Pakistani authorities to do so;

| 17. | Instructs its President to forward this resolution to the Council, the European External Action Service, the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the EU Special Representative for Human Rights, UN Women, the governments and parliaments of the Member States, the UN Human Rights Council, Unicef, the WHO and the Government and Parliament of Pakistan. |
| --- | --- |

17.

Instructs its President to forward this resolution to the Council, the European External Action Service, the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the EU Special Representative for Human Rights, UN Women, the governments and parliaments of the Member States, the UN Human Rights Council, Unicef, the WHO and the Government and Parliament of Pakistan.

---

(1)  Texts adopted, P7_TA(2012)0126.

---

III Preparatory acts

EUROPEAN PARLIAMENT

Tuesday 5 February 2013

| 22.1.2016 | EN | Official Journal of the European Union | C 24/115 |
| --- | --- | --- | --- |

22.1.2016

EN

Official Journal of the European Union

C 24/115

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P7_TA(2013)0034

Specific measures in favour of agriculture in the smaller Aegean islands ***I

European Parliament legislative resolution of 5 February 2013 on the proposal for a regulation of the European Parliament and of the Council laying down specific measures for agriculture in favour of the smaller Aegean islands (COM(2010)0767 — C7-0003/2011 — 2010/0370(COD))

(Ordinary legislative procedure: first reading)

(2016/C 024/17)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2010)0767), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2010)0767),

| — | having regard to Article 294(2), the first paragraph of Article 42 and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0003/2011), |
| --- | --- |

—

having regard to Article 294(2), the first paragraph of Article 42 and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0003/2011),

| — | 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 the opinion of the European Economic and Social Committee of 15 March 2011 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 15 March 2011 (1),

| — | having regard to the undertaking given by the Council representative by letter of 19 November 2012 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to the undertaking given by the Council representative by letter of 19 November 2012 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

| — | having regard to Rule 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 Agriculture and Rural Development (A7-0319/2011), |
| --- | --- |

—

having regard to the report of the Committee on Agriculture and Rural Development (A7-0319/2011),

| 1. | Adopts the position at first reading hereinafter set out; |
| --- | --- |

1.

Adopts the position at first reading hereinafter set out;

| 2. | Approves the joint declaration by Parliament, the Council and the Commission annexed to this resolution; |
| --- | --- |

2.

Approves the joint declaration by Parliament, the Council and the Commission annexed to this resolution;

| 3. | 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.

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;

| 4. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

4.

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

---

(1)  OJ C 132, 3.5.2011, p. 82.

---

P7_TC1-COD(2010)0370

Position of the European Parliament at first reading on 5 February 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council laying down specific measures for agriculture in favour of the smaller Aegean islands and repealing Council Regulation (EC) No 1405/2006

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 229/2013.)

---

Annex to the legislative resolution

Joint declaration of the European Parliament, the Council and the Commission

In view of the specificities of the measures in favour of agriculture in the smaller Aegean Islands under the SAI scheme, the European Parliament, the Council and the Commission declare that the agreement reached on alignment issues for this regulation will not prejudge the position of any of the three Institutions on similar issues that may be brought for other EU legislation proposals.

---

| 22.1.2016 | EN | Official Journal of the European Union | C 24/116 |
| --- | --- | --- | --- |

22.1.2016

EN

Official Journal of the European Union

C 24/116

---

P7_TA(2013)0035

Specific measures for agriculture in the outermost regions of the Union ***I

European Parliament legislative resolution of 5 February 2013 on the proposal for a regulation of the European Parliament and of the Council laying down specific measures for agriculture in the outermost regions of the Union (COM(2010)0498 — C7-0284/2010 — 2010/0256(COD))

(Ordinary legislative procedure: first reading)

(2016/C 024/18)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2010)0498), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2010)0498),

| — | having regard to Article 294(2), the first paragraph of Article 42 and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0284/2010), |
| --- | --- |

—

having regard to Article 294(2), the first paragraph of Article 42 and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0284/2010),

| — | having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis, |
| --- | --- |

—

having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

| — | having regard to Article 294(3) and Article 349 of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(3) and Article 349 of the Treaty on the Functioning of the European Union,

| — | having regard to the opinion of the European Economic and Social Committee of 17 February 2011 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 17 February 2011 (1),

| — | having regard to the undertaking given by the Council representative by letter of 19 November 2012 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to the undertaking given by the Council representative by letter of 19 November 2012 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

| — | having regard to Rules 55 and 37 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 55 and 37 of its Rules of Procedure,

| — | having regard to the report of the Committee on Agriculture and Rural Development and the opinions of the Committee on International Trade, the Committee on Budgets and the Committee on Regional Development (A7-0321/2011), |
| --- | --- |

—

having regard to the report of the Committee on Agriculture and Rural Development and the opinions of the Committee on International Trade, the Committee on Budgets and the Committee on Regional Development (A7-0321/2011),

| 1. | Adopts the position at first reading hereinafter set out; |
| --- | --- |

1.

Adopts the position at first reading hereinafter set out;

| 2. | Approves the joint declaration by Parliament, the Council and the Commission annexed to this resolution; |
| --- | --- |

2.

Approves the joint declaration by Parliament, the Council and the Commission annexed to this resolution;

| 3. | 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.

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;

| 4. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

4.

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

---

(1)  OJ C 107, 6.4.2011, p. 33.

---

P7_TC1-COD(2010)0256

Position of the European Parliament at first reading on 5 February 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council laying down specific measures for agriculture in the outermost regions of the Union and repealing Council Regulation (EC) No 247/2006

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 228/2013.)

---

Annex to the legislative resolution

Joint declaration of the European Parliament, the Council and the Commission

In view of the specificities of the measures in favour of agriculture in the outermost regions under the POSEI scheme, the European Parliament, the Council and the Commission declare that the agreement reached on alignment issues for this regulation will not prejudge the position of any of the three Institutions on similar issues that may be brought for other EU legislation proposals.

---

Wednesday 6 February 2013

| 22.1.2016 | EN | Official Journal of the European Union | C 24/118 |
| --- | --- | --- | --- |

22.1.2016

EN

Official Journal of the European Union

C 24/118

---

P7_TA(2013)0037

EU-US Agreement under GATT 1994: modification of concessions in the schedules of the Republic of Bulgaria and Romania in the course of their accession to the EU ***

European Parliament legislative resolution of 6 February 2013 on the draft Council decision on the conclusion of the Agreement in the form of an Exchange of Letters between the European Union and the United States of America pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Republic of Bulgaria and Romania in the course of their accession to the European Union (12213/2012 — C7-0409/2012 — 2012/0167(NLE))

(Consent)

(2016/C 024/19)

The European Parliament,

| — | having regard to the draft Council decision (12213/2012), |
| --- | --- |

—

having regard to the draft Council decision (12213/2012),

| — | having regard to the draft Agreement in the form of an Exchange of Letters between the European Union and the United States of America pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Republic of Bulgaria and Romania in the course of their accession to the European Union (12214/2012), |
| --- | --- |

—

having regard to the draft Agreement in the form of an Exchange of Letters between the European Union and the United States of America pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Republic of Bulgaria and Romania in the course of their accession to the European Union (12214/2012),

| — | having regard to the request for consent submitted by the Council in accordance with Article 207(4), first subparagraph and Article 218(6), second subparagraph, point (a)(v), of the Treaty on the Functioning of the European Union (C7-0409/2012), |
| --- | --- |

—

having regard to the request for consent submitted by the Council in accordance with Article 207(4), first subparagraph and Article 218(6), second subparagraph, point (a)(v), of the Treaty on the Functioning of the European Union (C7-0409/2012),

| — | having regard to Rules 81 and 90(7) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 81 and 90(7) of its Rules of Procedure,

| — | having regard to the recommendation of the Committee on International Trade (A7-0430/2012), |
| --- | --- |

—

having regard to the recommendation of the Committee on International Trade (A7-0430/2012),

| 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 and of the United States of America. |
| --- | --- |

2.

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

---

| 22.1.2016 | EN | Official Journal of the European Union | C 24/118 |
| --- | --- | --- | --- |

22.1.2016

EN

Official Journal of the European Union

C 24/118

---

P7_TA(2013)0038

Guidelines for the employment policies of the Member States *

European Parliament legislative resolution of 6 February 2013 on the proposal for a Council decision on guidelines for the employment policies of the Member States (COM(2012)0709 — C7-0410/2012 — 2012/0335(NLE))

(Consultation)

(2016/C 024/20)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2012)0709), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2012)0709),

| — | having regard to Article 148(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0410/2012), |
| --- | --- |

—

having regard to Article 148(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0410/2012),

| — | having regard to Rules 55 and 46(1) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 55 and 46(1) of its Rules of Procedure,

| — | having regard to the report of the Committee on Employment and Social Affairs (A7-0010/2013), |
| --- | --- |

—

having regard to the report of the Committee on Employment and Social Affairs (A7-0010/2013),

| 1. | Approves the Commission proposal; |
| --- | --- |

1.

Approves the Commission proposal;

| 2. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

2.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

| 3. | Asks the Council to consult Parliament again if it intends to substantially amend the text approved by Parliament; |
| --- | --- |

3.

Asks the Council to consult Parliament again if it intends to substantially amend the text approved by Parliament;

| 4. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

4.

Instructs its President to forward its position to the Council and the Commission.

---

| 22.1.2016 | EN | Official Journal of the European Union | C 24/119 |
| --- | --- | --- | --- |

22.1.2016

EN

Official Journal of the European Union

C 24/119

---

P7_TA(2013)0039

Transparency of measures regulating the prices of medicinal products for human use ***I

European Parliament legislative resolution of 6 February 2013 on the proposal for a directive of the European Parliament and of the Council relating to the transparency of measures regulating the prices of medicinal products for human use and their inclusion in the scope of public health insurance systems (COM(2012)0084 — C7-0056/2012 — 2012/0035(COD))

(Ordinary legislative procedure: first reading)

(2016/C 024/21)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2012)0084), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2012)0084),

| — | 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 (C7-0056/2012), |
| --- | --- |

—

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 (C7-0056/2012),

| — | having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis, |
| --- | --- |

—

having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

| — | having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

| — | having regard to the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Austrian National Council and by the Luxembourg Chamber of Deputies, asserting that the draft legislative act does not comply with the principle of subsidiarity, |
| --- | --- |

—

having regard to the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Austrian National Council and by the Luxembourg Chamber of Deputies, asserting that the draft legislative act does not comply with the principle of subsidiarity,

| — | having regard to the opinion of the European Economic and Social Committee of 12 July 2012 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 12 July 2012 (1),

| — | having regard to Rules 55 and 37 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 55 and 37 of its Rules of Procedure,

| — | having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinion of the Committee on the Internal Market and Consumer Protection (A7-0015/2013), |
| --- | --- |

—

having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinion of the Committee on the Internal Market and Consumer Protection (A7-0015/2013),

| 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 299, 4.10.2012, p. 81.

---

P7_TC1-COD(2012)0035

Position of the European Parliament adopted at first reading on 6 February 2013 with a view to the adoption of Directive 2013/.../EU of the European Parliament and of the Council relating to the transparency of measures regulating the prices of medicinal products for human use and their inclusion in the scope of public health insurance systems

(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 89/105/EEC of 21 December 1988 relating to the transparency of measures regulating the pricing of medicinal products for human use and their inclusion in the scope of national health insurance systems (3) was adopted so as to remove distortions to intra-Community trade in medicinal products. |
| --- | --- |

(1)

Council Directive 89/105/EEC of 21 December 1988 relating to the transparency of measures regulating the pricing of medicinal products for human use and their inclusion in the scope of national health insurance systems (3) was adopted so as to remove distortions to intra-Community trade in medicinal products.

| (2) | In order to take into account the evolution of the pharmaceutical market and of national policies to control public expenditure on medicinal products, substantive changes are necessary to all major provisions of Directive 89/105/EEC. Therefore, in the interest of clarity, Directive 89/105/EEC should be repealed and replaced by this Directive. |
| --- | --- |

(2)

In order to take into account the evolution of the pharmaceutical market and of national policies to control public expenditure on medicinal products, substantive changes are necessary to all major provisions of Directive 89/105/EEC. Therefore, in the interest of clarity, Directive 89/105/EEC should be repealed and replaced by this Directive.

| (3) | Union legislation provides a harmonised framework for the authorisation of medicinal products for human use. According to Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (4), medicinal products may be placed on the market in the Union only after they have received a marketing authorisation based on the evaluation of their quality, safety and efficacy. |
| --- | --- |

(3)

Union legislation provides a harmonised framework for the authorisation of medicinal products for human use. According to Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (4), medicinal products may be placed on the market in the Union only after they have received a marketing authorisation based on the evaluation of their quality, safety and efficacy.

| (4) | Member States have been confronted with a steady rise in pharmaceutical expenditure over the last decades, leading to the adoption of increasingly innovative and complex policies to manage the consumption of medicines

  medicinal products
  in the framework of their public health insurance systems. In particular, Member State authorities have implemented a broad range of measures to control the prescription of medicines

  medicinal products
  , to regulate their prices or to establish the conditions of their public funding. Such measures mainly aim at promoting public health
  for all citizens
  by ensuring the availability of adequate supplies of
  effective
  medicinal products
  on equal terms to all citizens of the Union
  at reasonable costs, while ensuring the financial stability of public health insurance systems

  equal access to high-quality healthcare for all
  .
  Those measures should also aim to promote research and development of new medicinal products and to promote medical innovation. Medicines classed as essential on the WHO list should be available to patients in all Member States, irrespectively of the size of the market
  . [Am. 3] |
| --- | --- |

(4)

Member States have been confronted with a steady rise in pharmaceutical expenditure over the last decades, leading to the adoption of increasingly innovative and complex policies to manage the consumption of medicines

  medicinal products
  in the framework of their public health insurance systems. In particular, Member State authorities have implemented a broad range of measures to control the prescription of medicines

  medicinal products
  , to regulate their prices or to establish the conditions of their public funding. Such measures mainly aim at promoting public health
  for all citizens
  by ensuring the availability of adequate supplies of
  effective
  medicinal products
  on equal terms to all citizens of the Union
  at reasonable costs, while ensuring the financial stability of public health insurance systems

  equal access to high-quality healthcare for all
  .
  Those measures should also aim to promote research and development of new medicinal products and to promote medical innovation. Medicines classed as essential on the WHO list should be available to patients in all Member States, irrespectively of the size of the market
  . [Am. 3]

| (4a) | Ensuring patients’ access to medicinal products throughout the Union and effective free movement of goods requires that Member States make a reasonable use of external reference pricing, namely by reference to Member States with a comparable income level. The unconditional use of external reference pricing has been proven to reduce the availability of medicinal products by encouraging shortages in Member States with lower price levels. [Am. 4] |
| --- | --- |

(4a)

Ensuring patients’ access to medicinal products throughout the Union and effective free movement of goods requires that Member States make a reasonable use of external reference pricing, namely by reference to Member States with a comparable income level. The unconditional use of external reference pricing has been proven to reduce the availability of medicinal products by encouraging shortages in Member States with lower price levels. [Am. 4]

| (5) | Disparities in national measures may hinder or distort intra-Union trade in medicinal products and distort competition, thereby directly affecting the functioning of the internal market in medicinal products. |
| --- | --- |

(5)

Disparities in national measures may hinder or distort intra-Union trade in medicinal products and distort competition, thereby directly affecting the functioning of the internal market in medicinal products.

| (6) | In order to reduce the effects of the disparities on the internal market, national measures should comply with minimum procedural requirements enabling the parties concerned to verify that those measures do not constitute quantitative restrictions on imports or exports or measures having equivalent effect thereto.
  Those minimum procedural requirements should also ensure legal certainty and transparency for the competent authorities when adopting decisions relating to the pricing and coverage of medicinal products by public health insurance systems, while promoting the production of medicinal products, accelerating the entry into the market of generic medicinal products and encouraging research and development of new medicinal products.
  However, those requirements should not affect the policies of those Member States which rely primarily upon free competition to determine the price of medicinal products. They also should not affect national policies on price setting and on the determination of social security schemes, except as far as it is necessary to attain transparency within the meaning of this Directive and to ensure the functioning of the internal market. [Am. 5] |
| --- | --- |

(6)

In order to reduce the effects of the disparities on the internal market, national measures should comply with minimum procedural requirements enabling the parties concerned to verify that those measures do not constitute quantitative restrictions on imports or exports or measures having equivalent effect thereto.
  Those minimum procedural requirements should also ensure legal certainty and transparency for the competent authorities when adopting decisions relating to the pricing and coverage of medicinal products by public health insurance systems, while promoting the production of medicinal products, accelerating the entry into the market of generic medicinal products and encouraging research and development of new medicinal products.
  However, those requirements should not affect the policies of those Member States which rely primarily upon free competition to determine the price of medicinal products. They also should not affect national policies on price setting and on the determination of social security schemes, except as far as it is necessary to attain transparency within the meaning of this Directive and to ensure the functioning of the internal market. [Am. 5]

| (7) | In order to ensure the effectiveness of the internal market in medicinal products, this Directive should apply to all medicinal products for human use within the meaning of Directive 2001/83/EC. |
| --- | --- |

(7)

In order to ensure the effectiveness of the internal market in medicinal products, this Directive should apply to all medicinal products for human use within the meaning of Directive 2001/83/EC.

| (8) | Due to diversity of national measures managing the consumption of medicinal products, regulating their prices or establishing the conditions of their public funding it is necessary to clarify Directive 89/105/EEC. In particular this Directive should cover all types of measures devised by Member States and susceptible to impact the internal market. Since the adoption of Directive 89/105/EEC, the pricing and reimbursement procedures have evolved and have become more complex. While some Member States have interpreted the scope of Directive 89/105/EEC restrictively, the Court of Justice ruled that those pricing and reimbursement procedures fall within the scope of Directive 89/105/EEC given the objectives of that Directive and the need to ensure its effectiveness. Therefore, this Directive should reflect the developments in national pricing and reimbursement policies. Given that specific rules and procedures exist in the area of public procurement and voluntary contractual agreements, national measures involving public procurement and voluntary contractual agreements should be excluded from the scope of this Directive. |
| --- | --- |

(8)

Due to diversity of national measures managing the consumption of medicinal products, regulating their prices or establishing the conditions of their public funding it is necessary to clarify Directive 89/105/EEC. In particular this Directive should cover all types of measures devised by Member States and susceptible to impact the internal market. Since the adoption of Directive 89/105/EEC, the pricing and reimbursement procedures have evolved and have become more complex. While some Member States have interpreted the scope of Directive 89/105/EEC restrictively, the Court of Justice ruled that those pricing and reimbursement procedures fall within the scope of Directive 89/105/EEC given the objectives of that Directive and the need to ensure its effectiveness. Therefore, this Directive should reflect the developments in national pricing and reimbursement policies. Given that specific rules and procedures exist in the area of public procurement and voluntary contractual agreements, national measures involving public procurement and voluntary contractual agreements should be excluded from the scope of this Directive.

| (8a) | Competent authorities and marketing authorisation holders increasingly engage in contractual agreements to provide patients with access to innovative treatments by including a medicinal product in the scope of public health insurance systems whilst monitoring elements agreed upfront and for a defined period of time in order, in particular, to address evidentiary uncertainties relating to the effectiveness and/or relative efficacy or the appropriate use of a specific medicinal product. The delay in defining the terms and conditions of such contractual agreements often exceeds the time limits set and justifies the exclusion of such agreements from the scope of this Directive. Those agreements should be limited to therapeutic areas where their conclusion would effectively facilitate or enable patients' access to innovative medicinal products, would remain voluntary and would not affect the right of the marketing authorisation holder to submit an application in compliance with this Directive. [Am. 6] |
| --- | --- |

(8a)

Competent authorities and marketing authorisation holders increasingly engage in contractual agreements to provide patients with access to innovative treatments by including a medicinal product in the scope of public health insurance systems whilst monitoring elements agreed upfront and for a defined period of time in order, in particular, to address evidentiary uncertainties relating to the effectiveness and/or relative efficacy or the appropriate use of a specific medicinal product. The delay in defining the terms and conditions of such contractual agreements often exceeds the time limits set and justifies the exclusion of such agreements from the scope of this Directive. Those agreements should be limited to therapeutic areas where their conclusion would effectively facilitate or enable patients' access to innovative medicinal products, would remain voluntary and would not affect the right of the marketing authorisation holder to submit an application in compliance with this Directive. [Am. 6]

| (9) | Any measure to regulate, either directly or indirectly, the prices of medicinal products, as well as any measure
  , including recommendations that may be required,
  to determine their coverage by public health insurance systems should be based on
  transparent,
  objective and verifiable criteria that are independent from the origin of the product and should provide adequate legal remedies, including judicial remedies

  , in accordance with national procedures
  , to affected companies. These requirements should equally apply to national, regional or local measures to control or promote the prescription of specific medicinal products as such measures also determine their effective coverage by public health insurance systems. [Am. 7] |
| --- | --- |

(9)

Any measure to regulate, either directly or indirectly, the prices of medicinal products, as well as any measure
  , including recommendations that may be required,
  to determine their coverage by public health insurance systems should be based on
  transparent,
  objective and verifiable criteria that are independent from the origin of the product and should provide adequate legal remedies, including judicial remedies

  , in accordance with national procedures
  , to affected companies. These requirements should equally apply to national, regional or local measures to control or promote the prescription of specific medicinal products as such measures also determine their effective coverage by public health insurance systems. [Am. 7]

| (9a) | The criteria underlying any decision directly or indirectly regulating the prices of medicinal products, as well as any measure determining the extent to which they shall be covered by public health insurance systems should include the assessment of unmet medical needs, clinical and societal benefits and innovation, as laid down in the opinion of the European Economic and Social Committee of 12 July 2012 on the proposal for a directive of the European Parliament and of the Council relating to the transparency of measures regulating the prices of medicinal products for human use and their inclusion in the scope of public health insurance systems

   (5)

  . Such criteria should also include the protection of the most vulnerable groups of the population. [Am. 8] |
| --- | --- |

(9a)

The criteria underlying any decision directly or indirectly regulating the prices of medicinal products, as well as any measure determining the extent to which they shall be covered by public health insurance systems should include the assessment of unmet medical needs, clinical and societal benefits and innovation, as laid down in the opinion of the European Economic and Social Committee of 12 July 2012 on the proposal for a directive of the European Parliament and of the Council relating to the transparency of measures regulating the prices of medicinal products for human use and their inclusion in the scope of public health insurance systems

   (5)

  . Such criteria should also include the protection of the most vulnerable groups of the population. [Am. 8]

| (10) | Applications to approve the price of a medicinal product or to determine its coverage by the public health insurance system should not delay the placing on the market of that product beyond what is necessary. It is therefore desirable that this Directive sets out mandatory time limits within which national decisions should be made. In order to be effective, the prescribed time periods should run from the receipt of an application until the entry into force of the corresponding decision. They should include all
  recommendations and
  expert evaluations, including health technology assessments where applicable, and all administrative steps required for the decision to be adopted and take legal effect. [Am. 9] |
| --- | --- |

(10)

Applications to approve the price of a medicinal product or to determine its coverage by the public health insurance system should not delay the placing on the market of that product beyond what is necessary. It is therefore desirable that this Directive sets out mandatory time limits within which national decisions should be made. In order to be effective, the prescribed time periods should run from the receipt of an application until the entry into force of the corresponding decision. They should include all
  recommendations and
  expert evaluations, including health technology assessments where applicable, and all administrative steps required for the decision to be adopted and take legal effect. [Am. 9]

| (10a) | In order to facilitate compliance with those time limits, it may be useful for applicants to start procedures for price approval or for inclusion of a medicinal product in the public health insurance systems already before the marketing authorisation is formally granted. To this end, Member States may allow applicants to submit an application as soon as a positive opinion on the granting of the marketing authorisation for the medicinal product concerned has been issued by the Committee for Medicinal Products for Human Use or by the national competent authority in charge of the marketing authorisation procedure, as appropriate. In such cases the time limits should run from the formal receipt of the marketing authorisation. [Am. 10] |
| --- | --- |

(10a)

In order to facilitate compliance with those time limits, it may be useful for applicants to start procedures for price approval or for inclusion of a medicinal product in the public health insurance systems already before the marketing authorisation is formally granted. To this end, Member States may allow applicants to submit an application as soon as a positive opinion on the granting of the marketing authorisation for the medicinal product concerned has been issued by the Committee for Medicinal Products for Human Use or by the national competent authority in charge of the marketing authorisation procedure, as appropriate. In such cases the time limits should run from the formal receipt of the marketing authorisation. [Am. 10]

| (10b) | The Union's support for cooperation on health technology assessment in accordance with Article 15 of Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients' rights in cross-border healthcare

   (6)

  aims to optimise and coordinate health technology assessment methodologies which should ultimately also reduce delays in pricing and reimbursement processes of medicinal products for which Member States use health technology assessment as part of their decision-making process. Health technology assessment includes, in particular, information on the relative efficacy as well as on the short- and long-term effectiveness, where appropriate, of health technologies, also taking into account broader economic and social benefits or cost-effectiveness of the assessed medicinal product, in accordance with the methodology of the competent authorities. Health technology assessment is a multidisciplinary process that summarises information about the medical, social, economic and ethical aspects relating to the use of health technology in a systematic, transparent, unbiased and robust manner. Its aim is to inform the formulation of safe, effective, health policies that are patient-focused and that seek to achieve best value. [Am. 11] |
| --- | --- |

(10b)

The Union's support for cooperation on health technology assessment in accordance with Article 15 of Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients' rights in cross-border healthcare

   (6)

  aims to optimise and coordinate health technology assessment methodologies which should ultimately also reduce delays in pricing and reimbursement processes of medicinal products for which Member States use health technology assessment as part of their decision-making process. Health technology assessment includes, in particular, information on the relative efficacy as well as on the short- and long-term effectiveness, where appropriate, of health technologies, also taking into account broader economic and social benefits or cost-effectiveness of the assessed medicinal product, in accordance with the methodology of the competent authorities. Health technology assessment is a multidisciplinary process that summarises information about the medical, social, economic and ethical aspects relating to the use of health technology in a systematic, transparent, unbiased and robust manner. Its aim is to inform the formulation of safe, effective, health policies that are patient-focused and that seek to achieve best value. [Am. 11]

| (11) | The time limits for the inclusion of medicinal products in the public health insurance systems set out in Directive 89/105/EEC are mandatory as clarified by the case-law of the Court of Justice. Experience has shown that those time limits are not always respected and that there is need to ensure legal certainty and improve the procedural rules related to the inclusion of medicinal products in the scope of public health insurance systems. Therefore, an effective and rapid remedies procedure should be put in place. |
| --- | --- |

(11)

The time limits for the inclusion of medicinal products in the public health insurance systems set out in Directive 89/105/EEC are mandatory as clarified by the case-law of the Court of Justice. Experience has shown that those time limits are not always respected and that there is need to ensure legal certainty and improve the procedural rules related to the inclusion of medicinal products in the scope of public health insurance systems. Therefore, an effective and rapid remedies procedure should be put in place.

| (12) | In its Communication of 8 July 2009 entitled ‘Executive Summary of the Pharmaceutical Sector Inquiry Report’ the Commission demonstrated that pricing and reimbursement procedures often unnecessarily delay the launch of generic medicines

  or biosimilar medicinal products
  in Union markets. Approving the price of generic
  or biosimilar
  medicinal products and their coverage by the public health insurance system should not require any new or detailed assessment when the reference product has already been priced and included in the public health insurance system. It is therefore appropriate to lay down shorter time limits for generic
  or biosimilar
  medicinal products in those cases. [Am. 12] |
| --- | --- |

(12)

In its Communication of 8 July 2009 entitled ‘Executive Summary of the Pharmaceutical Sector Inquiry Report’ the Commission demonstrated that pricing and reimbursement procedures often unnecessarily delay the launch of generic medicines

  or biosimilar medicinal products
  in Union markets. Approving the price of generic
  or biosimilar
  medicinal products and their coverage by the public health insurance system should not require any new or detailed assessment when the reference product has already been priced and included in the public health insurance system. It is therefore appropriate to lay down shorter time limits for generic
  or biosimilar
  medicinal products in those cases. [Am. 12]

| (13) | The judicial remedies available in the Member States have played a limited role in ensuring compliance with the time limits due to the often lengthy procedures in national jurisdictions, which deter affected companies from initiating legal action. Therefore, effective mechanisms are necessary to
  ensure swift infringement resolution by means of administrative mediation in advance of judicial proceedings, as well as to
  control and enforce compliance with the time limits for pricing and reimbursement decisions.
  To this end, Member States might designate an administrative body, which may be an existing one. [Am. 13] |
| --- | --- |

(13)

The judicial remedies available in the Member States have played a limited role in ensuring compliance with the time limits due to the often lengthy procedures in national jurisdictions, which deter affected companies from initiating legal action. Therefore, effective mechanisms are necessary to
  ensure swift infringement resolution by means of administrative mediation in advance of judicial proceedings, as well as to
  control and enforce compliance with the time limits for pricing and reimbursement decisions.
  To this end, Member States might designate an administrative body, which may be an existing one. [Am. 13]

| (14) | The quality, safety and efficacy of medicinal products, including the bioequivalence of generic
  or the biosimilarity of biosimilar
  medicinal products with the reference product, are ascertained in the framework of marketing authorisation procedures. In the framework of pricing and reimbursement procedures, Member States

  decisions
  ,
  the competent authorities responsible for those decisions
  should therefore not re-assess the
  essential
  elements on which the marketing authorisation is based, including the quality, safety, efficacy or, bioequivalence
  or biosimilarity
  of the medicinal product.
  Similarly, in the case of orphan drugs, the competent authorities should not re-assess the criteria of the orphan designation. However, competent authorities should have full access to the data used by the authorities responsible for granting the marketing authorisation of a medicinal product as well as the possibility of including or generating additional relevant data for the purpose of assessing a medicinal product in the context of its inclusion in the scope of the public health insurance system. [Am. 14] |
| --- | --- |

(14)

The quality, safety and efficacy of medicinal products, including the bioequivalence of generic
  or the biosimilarity of biosimilar
  medicinal products with the reference product, are ascertained in the framework of marketing authorisation procedures. In the framework of pricing and reimbursement procedures, Member States

  decisions
  ,
  the competent authorities responsible for those decisions
  should therefore not re-assess the
  essential
  elements on which the marketing authorisation is based, including the quality, safety, efficacy or, bioequivalence
  or biosimilarity
  of the medicinal product.
  Similarly, in the case of orphan drugs, the competent authorities should not re-assess the criteria of the orphan designation. However, competent authorities should have full access to the data used by the authorities responsible for granting the marketing authorisation of a medicinal product as well as the possibility of including or generating additional relevant data for the purpose of assessing a medicinal product in the context of its inclusion in the scope of the public health insurance system. [Am. 14]

| (14a) | The non re-assessment of the elements on which the marketing authorisation is based within the framework of pricing and reimbursement procedures should not, however, prevent the competent authorities from requesting, accessing and using data generated during the marketing authorisation process for the purpose of evaluation and health technology assessment. Data sharing between the competent authorities responsible for marketing authorisation and for pricing and reimbursement should be possible at national level if such sharing exists. The competent authorities should also be able to include or generate additional relevant data for the purposes of evaluation and health technology assessment. [Am. 15] |
| --- | --- |

(14a)

The non re-assessment of the elements on which the marketing authorisation is based within the framework of pricing and reimbursement procedures should not, however, prevent the competent authorities from requesting, accessing and using data generated during the marketing authorisation process for the purpose of evaluation and health technology assessment. Data sharing between the competent authorities responsible for marketing authorisation and for pricing and reimbursement should be possible at national level if such sharing exists. The competent authorities should also be able to include or generate additional relevant data for the purposes of evaluation and health technology assessment. [Am. 15]

| (15) | In accordance with Directive 2001/83/EC, intellectual property rights do not provide a valid ground to refuse, suspend or revoke a marketing authorisation. By the same token, applications, decision-making procedures and decisions to regulate the prices of medicinal products or to determine their coverage by public health insurance systems should be considered administrative procedures which, as such, are independent from the enforcement of intellectual property rights. The national authorities in charge of those procedures, when examining an application with respect to a
  bioequivalent
  generic
  or biosimilar
  medicinal product, should not request information concerning the patent status of the reference medicinal product and

  , but they
  should not

  be allowed to
  examine the validity of an alleged violation of intellectual property rights should the generic
  or biosimilar
  medicinal product be manufactured or placed on the market subsequently to their decision. Consequently,

  That competence should remain with Member States. Without prejudice to the responsibility of Member States to examine information,
  intellectual property issues should neither interfere with nor delay pricing and
  procedures for
  reimbursement procedures

  of generic medicines
  in the Member States. [Am. 16] |
| --- | --- |

(15)

In accordance with Directive 2001/83/EC, intellectual property rights do not provide a valid ground to refuse, suspend or revoke a marketing authorisation. By the same token, applications, decision-making procedures and decisions to regulate the prices of medicinal products or to determine their coverage by public health insurance systems should be considered administrative procedures which, as such, are independent from the enforcement of intellectual property rights. The national authorities in charge of those procedures, when examining an application with respect to a
  bioequivalent
  generic
  or biosimilar
  medicinal product, should not request information concerning the patent status of the reference medicinal product and

  , but they
  should not

  be allowed to
  examine the validity of an alleged violation of intellectual property rights should the generic
  or biosimilar
  medicinal product be manufactured or placed on the market subsequently to their decision. Consequently,

  That competence should remain with Member States. Without prejudice to the responsibility of Member States to examine information,
  intellectual property issues should neither interfere with nor delay pricing and
  procedures for
  reimbursement procedures

  of generic medicines
  in the Member States. [Am. 16]

| (15a) | Member States should ensure the public availability of documents and information in an appropriate publication, in accordance with national practice, which could include electronic and online format. They should also ensure that the information delivered is understandable and supplied in a reasonable quantity. The Commission and the Member States should also examine how to continue to co-operate on the functioning of the EURIPID price information database, which provides Union-wide added value in terms of price transparency. [Am. 17] |
| --- | --- |

(15a)

Member States should ensure the public availability of documents and information in an appropriate publication, in accordance with national practice, which could include electronic and online format. They should also ensure that the information delivered is understandable and supplied in a reasonable quantity. The Commission and the Member States should also examine how to continue to co-operate on the functioning of the EURIPID price information database, which provides Union-wide added value in terms of price transparency. [Am. 17]

| (15b) | The principle of transparency, integrity and independence of the decision-making process within the national competent authorities should be ensured by the public disclosure of the names of experts participating in the bodies responsible for pricing and reimbursement decisions, together with their declarations of interest and the procedural steps leading to pricing and reimbursement decisions. [Am. 18] |
| --- | --- |

(15b)

The principle of transparency, integrity and independence of the decision-making process within the national competent authorities should be ensured by the public disclosure of the names of experts participating in the bodies responsible for pricing and reimbursement decisions, together with their declarations of interest and the procedural steps leading to pricing and reimbursement decisions. [Am. 18]

| (16) | Member States have frequently amended their health insurance schemes or adopted new measures falling within the scope of Directive 89/105/EEC. It is therefore necessary to establish
  an
  information mechanisms

  mechanism
  intended, on the one hand, to ensure the consultation of
  all
  interested stakeholders and, on the other hand, to facilitate preventive dialogue with the Commission as regards the application of this Directive

  including civil society organisations
  . [Am. 19] |
| --- | --- |

(16)

Member States have frequently amended their health insurance schemes or adopted new measures falling within the scope of Directive 89/105/EEC. It is therefore necessary to establish
  an
  information mechanisms

  mechanism
  intended, on the one hand, to ensure the consultation of
  all
  interested stakeholders and, on the other hand, to facilitate preventive dialogue with the Commission as regards the application of this Directive

  including civil society organisations
  . [Am. 19]

| (17) | Since the objective of this Directive, namely providing minimal transparency rules to ensure the functioning of the internal market, cannot be sufficiently achieved by the Member States, as the notion of transparency of national measures is understood and applied differently in each Member State, and can therefore, by reason of the scale of the action be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective. |
| --- | --- |

(17)

Since the objective of this Directive, namely providing minimal transparency rules to ensure the functioning of the internal market, cannot be sufficiently achieved by the Member States, as the notion of transparency of national measures is understood and applied differently in each Member State, and can therefore, by reason of the scale of the action be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.

| (18) | In accordance with the Joint Political Declaration of 28 September 2011 of Member States and the Commission on explanatory documents (7), Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments. With regard to this Directive, the legislator considers the transmission of such documents to be justified, |
| --- | --- |

(18)

In accordance with the Joint Political Declaration of 28 September 2011 of Member States and the Commission on explanatory documents (7), Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments. With regard to this Directive, the legislator considers the transmission of such documents to be justified,

HAVE ADOPTED THIS DIRECTIVE:

Chapter I

Scope and definitions

Article 1

Subject matter and scope

1.   Member States shall ensure that any national, regional or local measure, whether laid down by law, regulation or administrative action, to control the prices of medicinal products for human use or to determine the range of medicinal products covered by public health insurance systems, including the extent and conditions of their coverage, complies with the requirements of this Directive.
  Member States shall ensure that those measures are not duplicated at regional or local level in their respective territories. [Am. 20]

2.   This Directive shall not apply to the following:

| (a) | voluntary contractual agreements concluded
  voluntarily
  between public authorities and the marketing authorisation holder for a medicinal product
  , that have as their object to enable

  include a medicinal product under the scope of a public health insurance system while monitoring elements agreed upfront among both parties relating to the effectiveness and/or relative efficacy or the appropriate use of the given medicinal product, and with a view to enabling
  the effective provision of this

  that
  medicine to patients under specific conditions
  and during an agreed period of time
  ; [Am. 21] |
| --- | --- |

(a)

voluntary contractual agreements concluded
  voluntarily
  between public authorities and the marketing authorisation holder for a medicinal product
  , that have as their object to enable

  include a medicinal product under the scope of a public health insurance system while monitoring elements agreed upfront among both parties relating to the effectiveness and/or relative efficacy or the appropriate use of the given medicinal product, and with a view to enabling
  the effective provision of this

  that
  medicine to patients under specific conditions
  and during an agreed period of time
  ; [Am. 21]

| (b) | national measures intended to determine the prices or the coverage of medicinal products by public health insurance systems which are subject to national or Union legislation on public procurement, in particular Council Directive 89/665/EEC (8), Council Directive 92/13/EEC (9) and Directive 2004/18/EC of the European Parliament and of the Council (10). |
| --- | --- |

(b)

national measures intended to determine the prices or the coverage of medicinal products by public health insurance systems which are subject to national or Union legislation on public procurement, in particular Council Directive 89/665/EEC (8), Council Directive 92/13/EEC (9) and Directive 2004/18/EC of the European Parliament and of the Council (10).

This Directive shall apply to measures intended to determine which medicinal products may be included in contractual agreements or public procurement procedures.
  In accordance with Union and national law regarding business confidentiality, basic information regarding medicinal products included in contractual agreements or public procurement procedures, such as the name of the product and the name of the marketing authorisation holder, shall be made publicly available once agreements or procedures are concluded. [Am. 22]

3.   Nothing in this Directive shall permit the placing on the market of a medicinal product which has not received marketing authorisation as provided for in Article 6 of Directive 2001/83/EC.

3a.
     
  This Directive may not call into question a marketing authorisation relating to a medicinal product granted in accordance with the procedure referred to in Article 6 of Directive 2001/83/EC. [Am. 23]

Article 2

Definitions

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

| (1) | ‘medicinal product’ means a medicinal product as defined in Article 1 of Directive 2001/83/EC; |
| --- | --- |

(1)

‘medicinal product’ means a medicinal product as defined in Article 1 of Directive 2001/83/EC;

| (2) | ‘reference medicinal product’ means a reference medicinal product as defined in point (a) of Article 10(2) of Directive 2001/83/EC; |
| --- | --- |

(2)

‘reference medicinal product’ means a reference medicinal product as defined in point (a) of Article 10(2) of Directive 2001/83/EC;

| (3) | ‘generic medicinal product’ means a generic medicinal product as defined in point (b) of Article 10(2) of Directive 2001/83/EC; |
| --- | --- |

(3)

‘generic medicinal product’ means a generic medicinal product as defined in point (b) of Article 10(2) of Directive 2001/83/EC;

| (3a) | ‘biosimilar medicinal product’ means a similar biological medicinal product approved in accordance with Article 10(4) of Directive 2001/83/EC; [Am. 24] |
| --- | --- |

(3a)

‘biosimilar medicinal product’ means a similar biological medicinal product approved in accordance with Article 10(4) of Directive 2001/83/EC; [Am. 24]

| (4) | ‘health technology’ means a health technology as defined in point (l) of Article 3 of Directive 2011/24/EU; |
| --- | --- |

(4)

‘health technology’ means a health technology as defined in point (l) of Article 3 of Directive 2011/24/EU;

| (5) | ‘health technology assessment’ means an assessment of

  which as a minimum includes
  the relative efficacy or of the short- and long-term effectiveness of the medicinal product compared to other health technologies
  or interventions
  in use for treating the associated condition; [Am. 25] |
| --- | --- |

(5)

‘health technology assessment’ means an assessment of

  which as a minimum includes
  the relative efficacy or of the short- and long-term effectiveness of the medicinal product compared to other health technologies
  or interventions
  in use for treating the associated condition; [Am. 25]

| (5a) | ‘voluntary contractual agreement’ means an agreement concluded between public authorities and the marketing authorisation holder for a medicinal product, which is neither mandatory nor required by law, nor the only alternative to being included in the national pricing and reimbursement scheme; [Am. 26] |
| --- | --- |

(5a)

‘voluntary contractual agreement’ means an agreement concluded between public authorities and the marketing authorisation holder for a medicinal product, which is neither mandatory nor required by law, nor the only alternative to being included in the national pricing and reimbursement scheme; [Am. 26]

| (5b) | ‘vulnerable groups’ means those groups of the population most sensitive to measures determining the extent to which medicinal products are covered by public health insurance systems, such as children, pensioners, the unemployed, those reliant on orphan drugs and the chronically ill. [Am. 27] |
| --- | --- |

(5b)

‘vulnerable groups’ means those groups of the population most sensitive to measures determining the extent to which medicinal products are covered by public health insurance systems, such as children, pensioners, the unemployed, those reliant on orphan drugs and the chronically ill. [Am. 27]

Chapter II

Pricing of medicinal products

Article 3

Price approval

1.   Paragraphs 2 to 9 shall apply if the marketing of a medicinal product is permitted only after the competent authorities of the Member State concerned have approved the price of the product.

2.   Member States shall ensure that an application to approve the price of the product can be introduced by the marketing authorisation holder at any point in time

  once the marketing authorisation of the product has been granted. Member States may also provide the possibility for the applicant of a marketing authorisation to submit such a price approval application once the Committee for Medicinal Products for Human Use established by Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency

   (11)

  or the national competent authority has issued a positive opinion on the granting of a marketing authorisation for the medicinal product concerned
  . The competent authorities shall provide the applicant with an official acknowledgement of receipt
  within 10 days of receipt of the application
  . [Am. 28]

3.   Member States shall ensure that a decision on the price which may be charged for the medicinal product concerned is adopted and communicated to the applicant within 60 days

  90 days
  of the receipt of an application submitted, in accordance with the requirements laid down in the Member State concerned, by the marketing authorisation holder. However, with respect to medicinal products for which Member States use health technology assessment as part of their decision-making process, the time-limit shall be 90 days. With respect to generic medicinal products, that time limit shall be 15 days

  30 days
  , provided that the price of the reference medicinal product has been approved by the competent authorities.
  Where appropriate, Member States shall use health technology assessment as part of their decision-making process on the pricing of medicinal products. [Am. 29]

4.   Member States shall establish in detail the particulars and documents to be submitted by the applicant.

5.   If the information supporting the application is inadequate, the competent authorities shall forthwith notify the applicant of the detailed additional information required and take their final decision within 60 days

  90 days
  of receipt of this additional information. However, with respect to medicines for which Member States use health technology assessment as part of their decision-making process, the time-limit shall be 90 days. With respect to generic medicinal products, that time limit shall be in all events 15 days

  30 days
  , provided that the price of the reference medicinal product has been approved by the competent authorities. Member States shall not request any additional information which is not explicitly required under national legislation or administrative guidelines.
  [Am. 30]

6.   In the absence of a decision within the relevant time limit set out in paragraphs 3 and 5, the applicant shall be entitled to market the product at the price proposed.

7.   If the competent authorities decide not to permit the marketing of the medicinal product concerned at the price proposed by the applicant, the decision shall contain a statement of reasons based on objective and verifiable criteria, including any evaluation, expert opinion or recommendation on which it is based. The applicant shall be informed of all remedies available, including judicial remedies, and of the time limits for applying for such remedies.

8.   Member States shall publish in an appropriate publication and communicate to the Commission the criteria which the competent authorities must take into account when approving the prices of medicinal products.
  Those criteria and information about the decision-making bodies at national or regional level shall be made publicly available. [Am. 31]

9.   If the competent authorities decide to reduce the price of a specific named medicinal product on their own initiative, the decision shall contain a statement of reasons based on objective and verifiable criteria, including any evaluation, expert opinion or recommendation on which it is based. The decision shall be communicated to the marketing authorisation holder, who shall be informed of all remedies available, including judicial remedies, and of the time limits for applying for such remedies.
  The decision and summary of the statement of reasons shall be made publicly available without delay. [Am. 32]

Article 4

Price increase

1.   Without prejudice to Article 5, paragraphs (2) to (6) shall apply if an increase in the price of a medicinal product is permitted only after prior approval has been obtained from the competent authorities.

2.   Member States shall ensure that an application to increase the price of the product can be submitted by the marketing authorisation holder at any point in time

  in accordance with national law
  . The competent authorities shall provide the applicant with an official acknowledgement of receipt
  within 10 days of receipt of the application
  . [Am. 33]

3.   Member States shall ensure that a decision on

  to approve or reject
  an application submitted, in accordance with the requirements laid down in the Member State concerned, by a marketing authorisation holder to increase the price of a medicinal product, is adopted and communicated to the applicant within 60 days

  90 days
  of its receipt. [Am. 34]

In case of an exceptional number of applications, the time limit set out in the first subparagraph may be extended once only for a further 60 days. The applicant shall be notified of such an extension before the expiry of the time limit set out in the first subparagraph.

4.   Member States shall establish in detail the particulars and documents to be submitted by the applicant.

The applicant shall furnish the competent authorities with adequate information, including details of those events intervening since the price of the medicinal product was last determined which in his opinion justify the price increase requested. If the information supporting the application is inadequate, the competent authorities shall forthwith notify the applicant of the detailed additional information required and take their final decision within 60 days

  90 days
  of receipt of this additional information. Member States shall not request any additional information which is not explicitly required under national legislation or administrative guidelines.
  [Am. 35]

5.   In the absence of a decision within the relevant time limit referred to in paragraphs 3 and 4, the applicant shall be entitled to apply the price increase requested.
  [Am. 36]

6.   If the competent authorities decide not to permit the whole or part of the price increase requested, the decision shall contain a statement of reasons based on objective and verifiable criteria and the applicant shall be informed of all remedies available, including judicial remedies, and of the time limits for applying for such remedies.

Article 5

Price freeze and price reduction

1.   In the event of a price freeze or price reduction imposed on all medicinal products or on certain categories of medicinal products by the competent authorities of a Member State, that Member State shall publish a statement of reasons for its decision based on objective and verifiable criteria, including, if applicable, a justification of the categories of products subject to the price freeze or price reduction.
  Member States shall carry out an annual review of such decisions of their competent authorities. [Am. 37]

2.   Marketing authorisation holders may apply for a derogation from a price freeze or price reduction if this is justified by particular reasons. The application shall contain an adequate statement of reasons. Member States shall ensure that applications for a derogation can be introduced by the marketing authorisation holder at any point in time. The competent authorities shall provide the applicant with an official acknowledgement of receipt
  within 10 days of receipt of the application
  . [Am. 38]

3.   Member States shall ensure that a reasoned decision on an application referred to in paragraph 2 is adopted and communicated to the applicant within 60 days

  90 days
  of the receipt of the application. If the information supporting the application is inadequate, the competent authorities shall forthwith notify the applicant of the detailed additional information required and take their final decision within 60 days

  90 days
  of receipt of this additional information. If the derogation is granted, the competent authorities shall forthwith publish an announcement of the price increase allowed. [Am. 39]

If there is an exceptional number of applications, the relevant time limit set out in the first subparagraph may be extended once only for a further 60 days. The applicant shall be notified of such extension before the expiry of the time limit set out in the first subparagraph.

Article 6

Controls on profits

Where a Member State adopts a system of direct or indirect controls on the profitability of persons responsible for placing medicinal products on the market, the Member State concerned shall publish the following information in an appropriate publication and communicate it to the Commission:

| (a) | the method or methods used in the Member State concerned to define profitability: return on sales and/or return on capital; |
| --- | --- |

(a)

the method or methods used in the Member State concerned to define profitability: return on sales and/or return on capital;

| (b) | the range of target profit currently permitted to persons responsible for placing medicinal products on the market in the Member State concerned; |
| --- | --- |

(b)

the range of target profit currently permitted to persons responsible for placing medicinal products on the market in the Member State concerned;

| (c) | the criteria according to which target rates of profit are accorded to an individual responsible for placing medicinal products on the market, together with the criteria according to which they will be allowed to retain profits above their targets in the Member State concerned; |
| --- | --- |

(c)

the criteria according to which target rates of profit are accorded to an individual responsible for placing medicinal products on the market, together with the criteria according to which they will be allowed to retain profits above their targets in the Member State concerned;

| (d) | the maximum percentage profit which any person responsible for placing medicinal products on the market is allowed to retain above his target in the Member State concerned. |
| --- | --- |

(d)

the maximum percentage profit which any person responsible for placing medicinal products on the market is allowed to retain above his target in the Member State concerned.

The information referred to in the first subparagraph shall be updated once a year or when significant changes are made.

Where, in addition to operating a system of direct or indirect controls on profits, a Member State operates a system of controls on the prices of certain types of medicinal products which are excluded from the scope of the profit control scheme, Articles 3, 4 and 5 shall, where relevant, apply to such price controls. However, those Articles shall not apply where the normal operation of a system of direct or indirect controls on profits results exceptionally in a price being fixed for an individual medicinal product.

Chapter III

Coverage of medicinal products by public health insurance systems

Article 7

Inclusion of medicinal products in public health insurance systems

1.   Paragraphs 2 to 8 shall apply if a medicinal product is covered by the public health insurance system only after the competent authorities have decided to include the medicinal product concerned in the scope of that system.

2.   Member States shall ensure that an application to include a medicinal product in the scope of the public health insurance system can be introduced by the marketing authorisation holder at any point in time. If the public health insurance system comprises several schemes or categories of coverage, the marketing authorisation holder shall be entitled to apply for the inclusion of its product in the scheme or category of its choice

  once the marketing authorisation of the product has been granted. Member States may also provide the possibility for the applicant of a marketing authorisation to submit such an inclusion application once the Committee for Medicinal Products for Human Use established by Regulation (EC) No 726/2004 or the national competent authority has issued a positive opinion on the granting of the marketing authorisation for the medicinal product concerned
  . The competent authorities shall provide the applicant with an official acknowledgement of receipt
  within 10 days of receipt of the application
  . [Am. 40]

3.   Member States shall establish in detail the particulars and documents to be submitted by the applicant.

4.   Member States shall ensure that a decision on an application to include a medicinal product in the scope of the public health insurance system, submitted by the marketing authorisation holder in accordance with the requirements laid down in the Member State concerned, is adopted and communicated to the applicant within 60 days

  90 days
  of its receipt. However, with respect to medicinal products for which Member States use health technology assessment as part of their decision-making process, the time-limit shall be 90 days. With respect to generic medicinal products, that time limit shall be 15 days

  30 days
  , provided that the reference medicinal product has already been included in the public health insurance system.
  Where appropriate, Member States shall use health technology assessment as part of their decision-making process on the inclusion of medicinal products in the scope of the public health insurance system. [Am. 41]

5.   If the information supporting the application is inadequate, the competent authorities shall forthwith notify the applicant of the detailed additional information required and take their final decision within 60 days

  90 days
  of receipt of this additional information. However, with respect to medicinal products for which Member States use health technology assessment as part of their decision-making process, the time-limit shall be 90 days. With respect to generic medicinal products, that time limit shall be 15 days

  30 days
  , provided that the reference medicinal product has already been included in the public health insurance system. Member States shall not request any additional information which is not explicitly required under national legislation or administrative guidelines.
  [Am. 42]

6.   Irrespective of the organisation of their internal procedures, Member States shall ensure that the overall period of time taken by the inclusion procedure set out in paragraph 5 of this Article and the price approval procedure set out in Article 3 does not exceed 120 days

  180 days
  . However, with respect to the medicinal products for which Member States use health technology assessment as part of their decision-making process, the time limit shall not exceed 180 days. With respect to generic medicinal products, that time limit shall not exceed 30 days

  60 days
  , provided that the reference medicinal product has already been included in the public health insurance system. Those time limits may be extended in accordance with paragraph 5 of this Article or Article 3(5). [Am. 43]

7.   Any decision not to include a medicinal product within the scope of the public health insurance system shall contain a statement of reasons based upon objective and verifiable criteria. Any decision to include a medicinal product within the scope of the public health insurance system shall contain a statement of reasons justifying the decision, including the extent and conditions of the product’s coverage, on the basis of objective and verifiable criteria.

The decisions referred to in the first subparagraph shall also include any evaluation, expert opinion or recommendation on which they are based. The applicant shall be informed of all
  mediation and
  remedies
  procedures
  available, including judicial remedies, and the remedies procedure set out Article 8,

  and
  of the time limits for applying for such remedies

  applicable to those procedures
  .

The criteria governing the decisions referred to in the first subparagraph shall include assessments of unmet medical needs and of the clinical and societal benefits, innovation and the protection of the most vulnerable groups of the population. [Am. 44]

8.   Member States shall publish in an appropriate publication and communicate to the Commission the criteria which the competent authorities must take into account when deciding whether or not to include medicinal products within the scope of the public health insurance system.
  Those criteria and information about the decision-making bodies at national or regional level shall be made publicly available. [Am. 45]

Article 8

Mediation and remedies

  procedure in case of non-compliance with the time limits related to the inclusion of medicinal products in health insurance systems

  procedures

1.   Member States shall ensure that effective and rapid
  mediation or
  remedies
  procedures
  are available to the applicant in case of
  unjustified delays or
  non-compliance with the time limits set in Article 7,
  and in accordance with their national law
  .

2.   For the purposes of the
  mediation or
  remedies procedure

  procedures
  Member States shall

  may
  designate a

  an administrative
  body and entrust it with the powers to:

| (a) | take, at the earliest opportunity and by way of interlocutory procedures, interim measures with the aim of correcting the alleged infringement or preventing further damage to the interests concerned;. |
| --- | --- |

(a)

take, at the earliest opportunity and by way of interlocutory procedures, interim measures with the aim of correcting the alleged infringement or preventing further damage to the interests concerned;.

| (b) | award damages to the applicant in case of non-compliance with time limits set in Article 7 where damages are claimed, unless the competent authority may prove that the delay is not imputable to it; |
| --- | --- |

(b)

award damages to the applicant in case of non-compliance with time limits set in Article 7 where damages are claimed, unless the competent authority may prove that the delay is not imputable to it;

| (c) | impose a penalty payment, calculated by day of delay. |
| --- | --- |

(c)

impose a penalty payment, calculated by day of delay.

For the purposes of point (c), the penalty payment shall be calculated depending on the seriousness of the infringement, its duration, the need to ensure that the penalty itself is a deterrent to further infringements.

Member States may provide that the body referred to in the first subparagraph may take into account the probable consequences of potential measures taken under the present paragraph for all interests likely to be harmed, as well as the public interest, and may decide not to take such measures when their negative consequences could exceed their benefits.

3.   A decision not to grant interim measure shall not prejudice any other claim of the applicant seeking such measures.

4.   Member States shall ensure that decisions taken by bodies responsible for remedies procedures can be effectively enforced.

5.   The body referred to in paragraph 2 shall be independent of the competent authorities in charge of controlling the prices of medicinal products for human use or in charge of determining the range of medicinal products covered by health insurance systems.

6.   The body referred to in paragraph 2 shall state reasons for its decision. Furthermore, where that body is not judicial in character, provision must be made to guarantee procedures whereby any allegedly illegal measure taken by the independent body or any alleged defect in the exercise of powers conferred on it can be subject to judicial review or review by another body which is a court or tribunal within the meaning of Article 267 of the Treaty on the Functioning of the European Union and independent of both the competent authority and the body referred to in paragraph 2.

The members of the body referred to in paragraph 2 shall be appointed and leave office under the same conditions as members of the judiciary as regards the authority responsible for their appointment, their period of office, and their removal. At least the president of that body shall have the same legal and professional qualifications as members of the judiciary. That body shall take its decisions following a procedure in which both sides are heard, and these decisions shall, by means determined by each Member State, be legally binding.
  [Am. 46]

Article 9

Exclusion of medicinal products from public health insurance systems

1.   Any decision to exclude a medicinal product from the scope of the public health insurance system, or to modify the extent or the conditions of coverage of the product concerned, shall contain a statement of reasons based on objective and verifiable criteria. Such decisions shall include
  assessments of unmet medical needs, the clinical impact and social costs, the protection of the most vulnerable groups of the population and
  any evaluation, expert opinion or recommendation on which they are based. The applicant shall be informed of all remedies available, including judicial remedies, and of the time limits for applying for such remedies. [Am. 47]

2.   Any decision to exclude a category of medicinal products from the scope of the public health insurance system, or to modify the extent or the conditions of coverage of the category concerned, shall contain a statement of reasons based on objective and verifiable criteria and be published in an appropriate publication. [Am. 48]

2a.
     
  Any decision to exclude a medicinal product or a category of medicinal products from the scope of the public health insurance system shall be made publicly available, together with a summary of the statement of reasons. [Am. 49]

Article 10

Classification of medicinal products in view of their inclusion in public health insurance systems

1.   Paragraphs 2, 3 and 4 shall apply where medicinal products are grouped or classified according to therapeutic or other criteria for the purpose of their inclusion within the scope of the public health insurance system.

2.   Member States shall publish in an appropriate publication and communicate to the Commission the objective and verifiable criteria according to which medicinal products are classified in view of their inclusion in the public health insurance system.

3.   For the medicinal products subject to such grouping or classification, Member States shall publish in an appropriate publication and communicate to the Commission the methodologies used to determine the extent or conditions of their inclusion in the public health insurance system.

4.   At the request of the marketing authorisation holder, the competent authorities shall specify the objective data on the basis of which they have determined the arrangements of coverage for their medicinal product, in application of the criteria and methodologies referred to in paragraphs 2 and 3. In such a case, the competent authorities shall also inform the marketing authorisation holder of all remedies available, including judicial remedies, and of the time limits for applying for such remedies.

Article 11

Measures to control or promote the prescription of specific medicinal products

1.   Paragraphs 2, 3 and 4 shall apply where a Member State adopts measures intended to control or promote the prescription of specific named medicinal products
  or of a category of medicinal products
  . [Am. 50]

2.   Measures referred to in paragraph 1 shall be based on objective and verifiable criteria.

3.   Measures referred to in paragraph 1, including any evaluation, expert opinion or recommendation on which they are based, shall be published in an appropriate publication
  and made available to the public
  . [Am. 51]

4.   At the request of the marketing authorisation holder whose interests or legal position are affected by the measures referred to in paragraph 1, the competent authorities shall specify the objective data and criteria on the basis of which these measures have been taken with respect to its medicinal product. In such a case, the competent authorities shall also inform the marketing authorisation holder of all remedies available, including judicial, and of the time limits for applying for such remedies.

Chapter IV

Specific requirements

Article 12

Effectiveness of the time limits

1.   The time limits laid down in Articles 3, 4, 5 and 7 shall be construed as the period between the receipt of an application or additional information, as the case may be, and the effective entry into force of the corresponding decision. All expert evaluations and administrative steps necessary for taking the decision and bringing it into effect shall be carried out within the prescribed time limits.

1a.
     
  With respect to generic medicinal products, a certain period for submitting an application and a certain period for the effective entry into force of the corresponding decision shall, however, not be included in the time limits, provided that neither of those periods exceeds one calendar month each and that those periods are explicitly regulated by national legislation or administrative guidelines. [Am. 52]

1b.
     
  If a decision-making process involving negotiations between the marketing authorisation holder and the competent authority is required, the time limits laid down in Articles 3, 4, 5 and 7 shall be suspended from the time the competent authority communicates its proposals to the marketing authorisation holder until it receives the marketing authorisation holder's response to its proposals. [Am. 53]

Article 13

Additional proof of quality, safety, efficacy or bioequivalence

  Non-reassessment of essential marketing authorisation elements

1.
     In the framework of pricing and reimbursement decisions, Member States

  the competent authorities
  shall not re-assess the
  essential
  elements on which the marketing authorisation is based, including the

  such as
  quality, safety, efficacy or, bioequivalence of the medicinal product

  , biosimilarity or criteria for orphan designation
  .

1a.
     
  Paragraph 1 shall be without prejudice to the right of the competent authorities to request and have full access to data generated during the marketing authorisation process for the purpose of evaluation and health technology assessment, so that they can assess the relative efficacy as well as the short- and long-term effectiveness, where appropriate, of a medicinal product in the context of its inclusion in the scope of the public health insurance system.

1b.
     
  The competent authorities shall also be able to include or generate additional relevant data for the purpose of assessing medicinal products. [Am. 54]

Article 14

Non-interference of intellectual property rights

1.   Applications, decision-making procedures and decisions to regulate the prices of medicinal products in accordance with Article 3 or to determine their inclusion within the scope of public health insurance systems in accordance with Articles 7 and 9 shall be considered by Member States as administrative procedures which, as such, are independent from the enforcement of intellectual property rights.

2.   The protection of intellectual property rights shall not be a valid ground to refuse, suspend or revoke decisions relating to the price of a medicinal product or its inclusion within the public health insurance system.

3.   Paragraphs 1 and 2 shall apply without prejudice to the Union and national legislation relating to the protection of intellectual property.

Chapter V

Transparency mechanisms

Article 15

Consultation of interested parties

Where a Member State intends to adopt or amend any
  legislative
  measure falling within the scope of this Directive, it shall give interested parties
  , including civil society organisations such as patient and consumer groups,
  the opportunity to comment on the draft measure within a reasonable period. The competent authorities shall publish the rules applicable to consultations. The results of consultations shall be made publicly available, with the exception of confidential information in accordance with Union and national legislation regarding business confidentiality. [Am. 55]

Article 15a

Transparency of decision-making bodies and prices

1.
     
  Member States shall ensure that the competent authorities controlling the prices of medicinal products or determining the coverage of medicinal products by public health insurance systems make publicly available a regularly updated list of the members of their decision-making bodies, together with their declarations of interest.

2.
     
  Paragraph 1 shall also apply to the administrative body referred to in Article 8(2).

3.
     
  The competent authorities shall publish in an appropriate publication and communicate to the Commission, at least once a year, a complete list of the medicinal products covered by their public health insurance systems and the prices which have been set during the relevant period. [Am. 56]

Article 16

Notification of draft national measures

1.   Where Member States intend to adopt or amend any measure falling within the scope of this Directive, they shall immediately communicate to the Commission the draft measure envisaged, together with the reasoning on which the measure is based.

2.   Where appropriate, Member States shall simultaneously communicate the texts of the basic legislative or regulatory provisions principally and directly concerned, if knowledge of such texts is necessary to assess the implications of the measure proposed.

3.   Member States shall communicate the draft measure referred to in paragraph 1 again if they make changes to the draft that have the effect of significantly altering its scope or substance, or shortening the timetable originally envisaged for implementation.

4.   The Commission may send its observations to the Member State which has communicated the draft measure within three months.

The observations of the Commission shall be taken into account as far as possible by the Member State concerned, in particular if the observations indicate that the draft measure may be incompatible with Union law.

5.   When the Member State concerned definitively adopts the draft measure, it shall communicate the final text to the Commission without delay. If observations have been made by the Commission in accordance with paragraph 4, this communication shall be accompanied by a report on the actions taken in response to the observations of the Commission.
  [Am. 57]

Article 17

Report on the implementation of the time limits

1.   By 31 January of ... (*), and by 31 January and 1 July of every year thereafter, Member States shall communicate to the Commission and publish in an appropriate publication a detailed report providing the following information: [Am. 58]

| (a) | the number of applications received in accordance with Articles 3, 4 and 7 during the preceding year; |
| --- | --- |

(a)

the number of applications received in accordance with Articles 3, 4 and 7 during the preceding year;

| (b) | the amount of time taken to issue a decision on each of the applications received in accordance with Articles 3, 4, and 7; |
| --- | --- |

(b)

the amount of time taken to issue a decision on each of the applications received in accordance with Articles 3, 4, and 7;

| (c) | an analysis of the main reasons for delays, if any, together with recommendations to bring decision-making processes into line with the time limits laid down in this Directive. |
| --- | --- |

(c)

an analysis of the main reasons for delays, if any, together with recommendations to bring decision-making processes into line with the time limits laid down in this Directive.

For the purposes of point (a) of the first subparagraph, a distinction shall be made between generic medicinal products subject to shorter time limits in accordance with Articles 3, 4 and 7 and other medicinal products.

For the purposes of point (b) of the first subparagraph, any suspension of the procedure to request additional information to the applicant shall be reported with a clear indication of the duration of the suspension and the detailed reasons for the suspension.

2.   The Commission shall publish every six months

  year
  a report on the information submitted by Member States according to paragraph 1. [Am. 59]

Chapter VI

Final provisions

Article 18

Transposition

1.   Member States shall adopt and publish, by ... (**) at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.

They shall apply those provisions from ... (***)

When Member States adopt those provisions, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 19

Report on the implementation of this Directive

1.   Member States shall send a report to the Commission on the implementation of this Directive by ... (****) and every three years thereafter.

2.   By ... (*****), the Commission shall submit a report to the European Parliament and the Council on the implementation of this Directive. The report may be accompanied by any appropriate proposals.

Article 20

Repeal

Directive 89/105/EEC is repealed from ... (******).

The effects of Article 10 of Directive 89/105/EEC shall be maintained.

References to the repealed Directive shall be construed as references to this Directive.

Article 21

Entry into force and application

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

Article 22

Addressees

This Directive is addressed to the Member States.

Done at

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 299, 4.10.2012, p. 81.

1

(2)  Position of the European Parliament of 6 February 2013.

2

(3)  OJ L 40, 11.2.1989, p. 8.

3

(4)  OJ L 311, 28.11.2001, p. 67.

4

(5)  

  OJ C 299, 4.10.2012, p. 81.

5

OJ C 299, 4.10.2012, p. 81.

(6)  

  OJ L 88, 4.4.2011, p. 45.

6

OJ L 88, 4.4.2011, p. 45.

(7)  OJ C 369, 17.12.2011, p. 14.

7

(8)  Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts (OJ L 395, 30.12.1989, p. 33).

8

(9)  Council Directive 92/13/EEC of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (OJ L 76, 23.3.1992, p. 14).

9

(10)  Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (OJ L 134, 30.4.2004, p. 114).

10

(11)  

  OJ L 136, 30.4.2004, p. 1.

11

OJ L 136, 30.4.2004, p. 1.

(*)  The year following the date referred to in the first subparagraph of Article 18(1).

*

(**)  Last day of the 12th month following publication of this Directive in the Official journal of the European Union.

**

Official journal of the European Union

(***)  The day after the date set out in the first subparagraph.

***

(****)  Two years after the date referred to in the second subparagraph of Article 18(1).

****

(*****)  Three years after the date referred to in the second subparagraph of Article 18(1).

*****

(******)  The date set out in the second subparagraph of Article 18(1).

******

---

| 22.1.2016 | EN | Official Journal of the European Union | C 24/134 |
| --- | --- | --- | --- |

22.1.2016

EN

Official Journal of the European Union

C 24/134

---

P7_TA(2013)0040

Common fisheries policy ***I

European Parliament legislative resolution of 6 February 2013 on the proposal for a regulation of the European Parliament and of the Council on the Common Fisheries Policy (COM(2011)0425 — C7-0198/2011 — 2011/0195(COD))

(Ordinary legislative procedure: first reading)

(2016/C 024/22)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2011)0425), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2011)0425),

| — | having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0198/2011), |
| --- | --- |

—

having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0198/2011),

| — | having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis, |
| --- | --- |

—

having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

| — | 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 28 March 2012 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 28 March 2012 (1),

| — | having regard to the opinion of the Committee of the Regions of 4 May 2012 (2), |
| --- | --- |

—

having regard to the opinion of the Committee of the Regions of 4 May 2012 (2),

| — | having regard to Rules 55 and 37 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 55 and 37 of its Rules of Procedure,

| — | having regard to the report of the Committee on Fisheries and the opinions of the Committee on Development, the Committee on Budgets, the Committee on the Environment, Public Health and Food Safety and the Committee on Regional Development (A7-0008/2013), |
| --- | --- |

—

having regard to the report of the Committee on Fisheries and the opinions of the Committee on Development, the Committee on Budgets, the Committee on the Environment, Public Health and Food Safety and the Committee on Regional Development (A7-0008/2013),

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

1.

Adopts its position at first reading hereinafter set out;

| 2. | Recalls its resolution of 8 June 2011 on Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe (3); reiterates that sufficient additional resources are needed in the next MFF in order to enable the Union to fulfil its existing policy priorities and the new tasks provided for in the Treaty of Lisbon, as well as to respond to unforeseen events; challenges the Council, if it does not share this approach, to clearly identify which of its political priorities or projects could be dropped altogether, despite their proven European added value; |
| --- | --- |

2.

Recalls its resolution of 8 June 2011 on Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe (3); reiterates that sufficient additional resources are needed in the next MFF in order to enable the Union to fulfil its existing policy priorities and the new tasks provided for in the Treaty of Lisbon, as well as to respond to unforeseen events; challenges the Council, if it does not share this approach, to clearly identify which of its political priorities or projects could be dropped altogether, despite their proven European added value;

| 3. | Points out that the estimated financial impact of the proposal constitutes only an indication to the legislative authority and cannot be fixed pending agreement on the proposal for a Regulation laying down the multiannual financial framework for the years 2014-2020; |
| --- | --- |

3.

Points out that the estimated financial impact of the proposal constitutes only an indication to the legislative authority and cannot be fixed pending agreement on the proposal for a Regulation laying down the multiannual financial framework for the years 2014-2020;

| 4. | 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; |
| --- | --- |

4.

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;

| 5. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

5.

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

---

(1)  OJ C 181, 21.6.2012, p. 183.

(2)  OJ C 225, 27.7.2012, p. 20.

(3)  OJ C 380 E, 11.12.2012, p. 89.

---

P7_TC1-COD(2011)0195

Position of the European Parliament adopted at first reading on 6 February 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council on the Common fisheries policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 768/2005 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC

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 43(2) 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 and Social Committee (1),

Having regard to the opinion of the Committee of the Regions (2),

Acting in accordance with the ordinary legislative procedure (3),

Whereas:

| (1) | Council Regulation (EC) No 2371/2002 (4) established a Community system for the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy. |
| --- | --- |

(1)

Council Regulation (EC) No 2371/2002 (4) established a Community system for the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy.

| (2) | The scope of the Common Fisheries Policy includes
  the
  conservation, management and exploitation of marine biological resources
  and the management of fisheries targeting them
  . In addition, the Common Fisheries Policy's scope

  it
  includes, in relation to market measures and financial measures in support of its objectives, fresh water biological resources and aquaculture
  activities
  , as well as the processing and marketing of fishery and aquaculture products, where such activities take place on the territory of Member States, or in Union waters, including by fishing vessels flying the flag of, and registered in, third countries, or by Union fishing vessels, or by nationals of Member States, without prejudice to the primary responsibility of the flag State, bearing in mind the provisions of Article 117 of the United Nations Convention on the Law of the Sea. [Am. 2] |
| --- | --- |

(2)

The scope of the Common Fisheries Policy includes
  the
  conservation, management and exploitation of marine biological resources
  and the management of fisheries targeting them
  . In addition, the Common Fisheries Policy's scope

  it
  includes, in relation to market measures and financial measures in support of its objectives, fresh water biological resources and aquaculture
  activities
  , as well as the processing and marketing of fishery and aquaculture products, where such activities take place on the territory of Member States, or in Union waters, including by fishing vessels flying the flag of, and registered in, third countries, or by Union fishing vessels, or by nationals of Member States, without prejudice to the primary responsibility of the flag State, bearing in mind the provisions of Article 117 of the United Nations Convention on the Law of the Sea. [Am. 2]

| (3) | The Common Fisheries Policy should ensure that fishing and aquaculture activities contribute to long-term sustainable environmental, economic, and social conditions

  sustainability
  . It should contribute moreover to increased productivity

  include rules that aim to ensure the traceability, security and quality of Union imported products
  , a fair standard of living for the fisheries sector,
  food security,
  stable markets, ensure the availability of resources and that supplies reach consumers at reasonable prices. [Am. 3] |
| --- | --- |

(3)

The Common Fisheries Policy should ensure that fishing and aquaculture activities contribute to long-term sustainable environmental, economic, and social conditions

  sustainability
  . It should contribute moreover to increased productivity

  include rules that aim to ensure the traceability, security and quality of Union imported products
  , a fair standard of living for the fisheries sector,
  food security,
  stable markets, ensure the availability of resources and that supplies reach consumers at reasonable prices. [Am. 3]

| (4) | The Union is a Contracting Party to the United Nations Convention on the Law of the Sea of 10 December 1982 (Unclos) (5) and it has ratified the United Nations Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks of 4 August 1995 (UN Fish Stocks Agreement) (6). It has also accepted the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas of 24 November 1993 of the Food and Agriculture Organisation of the United Nations (FAO Compliance Agreement) (7). These international instruments predominantly foresee conservation obligations, including among other things obligations to take conservation and management measures designed to maintain or restore marine resources at levels which can produce the maximum sustainable yield both within sea areas under national jurisdiction and on the high seas, and to cooperate with other States to this end, obligations to apply the precautionary approach widely to conservation, management and exploitation of fish stocks, obligations to ensure compatibility of conservation and management measures where marine resources occur in sea areas of different jurisdictional status and obligations to have due regard to other legitimate uses of the seas. The Common Fisheries Policy should contribute to the Union's proper discharge of its international obligations under these international instruments. Where Member States adopt conservation and management measures, for which they have been empowered in the framework of the Common Fisheries Policy, they should also act in a manner which is fully consistent with the international conservation and cooperation obligations under the said international instruments. |
| --- | --- |

(4)

The Union is a Contracting Party to the United Nations Convention on the Law of the Sea of 10 December 1982 (Unclos) (5) and it has ratified the United Nations Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks of 4 August 1995 (UN Fish Stocks Agreement) (6). It has also accepted the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas of 24 November 1993 of the Food and Agriculture Organisation of the United Nations (FAO Compliance Agreement) (7). These international instruments predominantly foresee conservation obligations, including among other things obligations to take conservation and management measures designed to maintain or restore marine resources at levels which can produce the maximum sustainable yield both within sea areas under national jurisdiction and on the high seas, and to cooperate with other States to this end, obligations to apply the precautionary approach widely to conservation, management and exploitation of fish stocks, obligations to ensure compatibility of conservation and management measures where marine resources occur in sea areas of different jurisdictional status and obligations to have due regard to other legitimate uses of the seas. The Common Fisheries Policy should contribute to the Union's proper discharge of its international obligations under these international instruments. Where Member States adopt conservation and management measures, for which they have been empowered in the framework of the Common Fisheries Policy, they should also act in a manner which is fully consistent with the international conservation and cooperation obligations under the said international instruments.

| (5) | At the World Summit on Sustainable Development at Johannesburg in 2002, the Union and its Member States committed to act against the continued decline of many fish stocks. Therefore, the Union should improve its Common Fisheries Policy to ensure that, as a matter of priority exploitation levels of marine biological resources stocks are restored and maintained at levels capable

  , by 2015, fishing mortality rates are set at levels that should allow fish stocks to recover, by 2020 at the latest, above levels that are capable
  of producing maximum sustainable yields from the populations of harvested stocks by 2015

  yield and that should allow all recovered stocks to be maintained at these levels
  . Where less scientific information is available, this may require applying proxies to maximum sustainable yield. [Am. 5] |
| --- | --- |

(5)

At the World Summit on Sustainable Development at Johannesburg in 2002, the Union and its Member States committed to act against the continued decline of many fish stocks. Therefore, the Union should improve its Common Fisheries Policy to ensure that, as a matter of priority exploitation levels of marine biological resources stocks are restored and maintained at levels capable

  , by 2015, fishing mortality rates are set at levels that should allow fish stocks to recover, by 2020 at the latest, above levels that are capable
  of producing maximum sustainable yields from the populations of harvested stocks by 2015

  yield and that should allow all recovered stocks to be maintained at these levels
  . Where less scientific information is available, this may require applying proxies to maximum sustainable yield. [Am. 5]

| (5a) | The concept of maximum sustainable yield, enshrined in Unclos, is a fisheries management target that has been legally binding on the Union since its ratification in 1998. [Am. 6] |
| --- | --- |

(5a)

The concept of maximum sustainable yield, enshrined in Unclos, is a fisheries management target that has been legally binding on the Union since its ratification in 1998. [Am. 6]

| (5b) | Adopting fishing mortality rates below those necessary to maintain fish stocks at levels above those capable of producing the MSY is the only way of ensuring that the fishing industry becomes economically viable in the long term without reliance upon public aid. [Am. 232] |
| --- | --- |

(5b)

Adopting fishing mortality rates below those necessary to maintain fish stocks at levels above those capable of producing the MSY is the only way of ensuring that the fishing industry becomes economically viable in the long term without reliance upon public aid. [Am. 232]

| (5c) | Multiannual plans should be the main instrument to ensure that, by 2015, fishing mortality rates are set at levels that should allow fish stocks to recover, by 2020 at the latest, above levels that are capable of producing the maximum sustainable yield and that should allow all recovered stocks to be maintained at these levels. Only a clear and binding commitment to these dates is capable of ensuring that immediate action is taken and that the recovery process is not further delayed. In respect of those stocks for which no multiannual plan has yet been adopted, it is essential to ensure that, when setting fishing opportunities for them, the Council adheres fully to the objectives of the Common Fisheries Policy. [Am. 7] |
| --- | --- |

(5c)

Multiannual plans should be the main instrument to ensure that, by 2015, fishing mortality rates are set at levels that should allow fish stocks to recover, by 2020 at the latest, above levels that are capable of producing the maximum sustainable yield and that should allow all recovered stocks to be maintained at these levels. Only a clear and binding commitment to these dates is capable of ensuring that immediate action is taken and that the recovery process is not further delayed. In respect of those stocks for which no multiannual plan has yet been adopted, it is essential to ensure that, when setting fishing opportunities for them, the Council adheres fully to the objectives of the Common Fisheries Policy. [Am. 7]

| (5d) | In order to create more stable conditions for the fishing sector, it should also be possible for multiannual plans to contain provisions that limit yearly fluctuations of the total allowable catch for recovered stocks. The exact limits to these fluctuations should be stated in the multiannual plans. [Am. 8] |
| --- | --- |

(5d)

In order to create more stable conditions for the fishing sector, it should also be possible for multiannual plans to contain provisions that limit yearly fluctuations of the total allowable catch for recovered stocks. The exact limits to these fluctuations should be stated in the multiannual plans. [Am. 8]

| (5e) | Management decisions relating to maximum sustainable yield (MSY) in mixed fisheries should take into account the difficulty of fishing all stocks in a mixed fishery at maximum sustainable yield at the same time, in cases where scientific advice indicates that it is very difficult to avoid the phenomenon of ‘choke species’ by increasing the selectivity of the fishing gears used. ICES and the Scientific, Technical and Economic Committee for Fisheries (STECF) should be requested to provide advice on the appropriate fishing mortality levels in such circumstances. [Am. 9] |
| --- | --- |

(5e)

Management decisions relating to maximum sustainable yield (MSY) in mixed fisheries should take into account the difficulty of fishing all stocks in a mixed fishery at maximum sustainable yield at the same time, in cases where scientific advice indicates that it is very difficult to avoid the phenomenon of ‘choke species’ by increasing the selectivity of the fishing gears used. ICES and the Scientific, Technical and Economic Committee for Fisheries (STECF) should be requested to provide advice on the appropriate fishing mortality levels in such circumstances. [Am. 9]

| (5f) | If it is necessary to drastically reduce fishing opportunities during a transitional period in order to achieve the maximum sustainable yield, the Union and the Member States should ensure that adequate social and financial measures are taken to sustain enough businesses throughout the production chain to achieve a balance between fleet capacity and available resources when the maximum sustainable yield is reached. [Am. 10] |
| --- | --- |

(5f)

If it is necessary to drastically reduce fishing opportunities during a transitional period in order to achieve the maximum sustainable yield, the Union and the Member States should ensure that adequate social and financial measures are taken to sustain enough businesses throughout the production chain to achieve a balance between fleet capacity and available resources when the maximum sustainable yield is reached. [Am. 10]

| (6) | Fisheries targets were laid down in the Decision by the Conference of the Parties to the Convention on Biological Diversity on the Strategic Plan for Biodiversity 2011 — 2020 (8), the Common Fisheries Policy should ensure coherence with the biodiversity targets adopted by the European Council (9), and the targets of Commission Communication ‘Our life insurance, our natural capital: an EU Biodiversity Strategy to 2020’ (10), in particular to achieve maximum sustainable yield by 2015. |
| --- | --- |

(6)

Fisheries targets were laid down in the Decision by the Conference of the Parties to the Convention on Biological Diversity on the Strategic Plan for Biodiversity 2011 — 2020 (8), the Common Fisheries Policy should ensure coherence with the biodiversity targets adopted by the European Council (9), and the targets of Commission Communication ‘Our life insurance, our natural capital: an EU Biodiversity Strategy to 2020’ (10), in particular to achieve maximum sustainable yield by 2015.

| (7) | Sustainable exploitation of marine biological resources should
  always
  be based on the precautionary approach, which is to be derived from the precautionary principle referred to in the first subparagraph of Article 191(2) of the Treaty on the Functioning of the European Union (TFEU)
  , taking into account available scientific data
  . [Am. 12] |
| --- | --- |

(7)

Sustainable exploitation of marine biological resources should
  always
  be based on the precautionary approach, which is to be derived from the precautionary principle referred to in the first subparagraph of Article 191(2) of the Treaty on the Functioning of the European Union (TFEU)
  , taking into account available scientific data
  . [Am. 12]

| (8) | The Common Fisheries Policy should contribute to the protection of the marine environment
  , to the sustainable management of all commercially exploited species,
  and in particular to the achievement of good environmental status by 2020 the latest, as set out in Article 1(1) of Directive 2008/56/EC of the European Parliament and the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) (11). [Am. 13] |
| --- | --- |

(8)

The Common Fisheries Policy should contribute to the protection of the marine environment
  , to the sustainable management of all commercially exploited species,
  and in particular to the achievement of good environmental status by 2020 the latest, as set out in Article 1(1) of Directive 2008/56/EC of the European Parliament and the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) (11). [Am. 13]

| (8a) | The Common Fisheries Policy should also contribute to supplying the Union market with highly nutritional food, and to reducing the internal market's food dependence, as well as to direct and indirect job creation and economic development in coastal areas. [Am. 14] |
| --- | --- |

(8a)

The Common Fisheries Policy should also contribute to supplying the Union market with highly nutritional food, and to reducing the internal market's food dependence, as well as to direct and indirect job creation and economic development in coastal areas. [Am. 14]

| (9) | An ecosystem based approach to fisheries management needs to be implemented, environmental impacts of fishing activities should be limited and unwanted catches should be

  in order to help ensure that the impact of human activities on the marine ecosystem is kept to a minimum and that unwanted catches are prevented,
  minimised and progressively

  , where possible,
  eliminated
  , and that a situation is progressively achieved in which all catches are landed
  . [Am. 15] |
| --- | --- |

(9)

An ecosystem based approach to fisheries management needs to be implemented, environmental impacts of fishing activities should be limited and unwanted catches should be

  in order to help ensure that the impact of human activities on the marine ecosystem is kept to a minimum and that unwanted catches are prevented,
  minimised and progressively

  , where possible,
  eliminated
  , and that a situation is progressively achieved in which all catches are landed
  . [Am. 15]

| (10) | It is important that the management of the Common Fisheries Policy is guided by principles of good governance. Those principles include decision-making based on best available scientific advice, broad stakeholder involvement and a long-term perspective. The successful management of the Common Fisheries Policy also depends on a clear definition of responsibilities at Union, national, regional and local levels and on the mutual compatibility and consistency of the measures taken with other Union policies. |
| --- | --- |

(10)

It is important that the management of the Common Fisheries Policy is guided by principles of good governance. Those principles include decision-making based on best available scientific advice, broad stakeholder involvement and a long-term perspective. The successful management of the Common Fisheries Policy also depends on a clear definition of responsibilities at Union, national, regional and local levels and on the mutual compatibility and consistency of the measures taken with other Union policies.

| (11) | The Common Fisheries Policy should pay full regard, where relevant, to animal health, animal welfare, food and feed safety. |
| --- | --- |

(11)

The Common Fisheries Policy should pay full regard, where relevant, to animal health, animal welfare, food and feed safety.

| (12) | The Common Fisheries Policy should be implemented in a way that
  is generally consistent with other Union policies and, in particular, that
  takes into account interactions with Union action in other maritime policy areas as addressed by the Integrated Maritime Policy

   (12)
  , recognising that all matters related to Europe's oceans and seas are interlinked, including maritime spatial planning. Coherence and integration should be ensured in the management of different sectoral policies within the Baltic Sea, North Sea, Celtic Seas, Bay of Biscay and the Iberian Coast, Mediterranean and Black Sea sea basins. [Am. 17] |
| --- | --- |

(12)

The Common Fisheries Policy should be implemented in a way that
  is generally consistent with other Union policies and, in particular, that
  takes into account interactions with Union action in other maritime policy areas as addressed by the Integrated Maritime Policy

   (12)
  , recognising that all matters related to Europe's oceans and seas are interlinked, including maritime spatial planning. Coherence and integration should be ensured in the management of different sectoral policies within the Baltic Sea, North Sea, Celtic Seas, Bay of Biscay and the Iberian Coast, Mediterranean and Black Sea sea basins. [Am. 17]

| (13) | Union fishing vessels should have equal access to Union waters and resources subject to the rules of the CFP. |
| --- | --- |

(13)

Union fishing vessels should have equal access to Union waters and resources subject to the rules of the CFP.

| (14) | Rules in place restricting access to resources within the 12 nautical mile zones of Member States have operated satisfactorily benefiting conservation by restricting fishing effort in the most sensitive part of Union waters. Those rules have also preserved traditional fishing activities on which the social and economic development of certain coastal communities is highly dependent. Those rules should therefore continue to apply
  and should, where possible, be strengthened to give preferential access for small scale, artisanal or coastal fishermen
  . [Am. 18] |
| --- | --- |

(14)

Rules in place restricting access to resources within the 12 nautical mile zones of Member States have operated satisfactorily benefiting conservation by restricting fishing effort in the most sensitive part of Union waters. Those rules have also preserved traditional fishing activities on which the social and economic development of certain coastal communities is highly dependent. Those rules should therefore continue to apply
  and should, where possible, be strengthened to give preferential access for small scale, artisanal or coastal fishermen
  . [Am. 18]

| (14a) | The definition of small-scale fishing needs to be widened to take account of criteria in addition to boat size, including, inter alia, the prevailing weather conditions, the impact of fishing techniques on the marine ecosystem, the time spent at sea and the characteristics of the economic unit exploiting the resource. Small offshore islands which are dependent on fishing should be especially recognised and supported, both financially and through the allocation of additional resources, in order to enable them to survive and prosper in the future. [Am. 19] |
| --- | --- |

(14a)

The definition of small-scale fishing needs to be widened to take account of criteria in addition to boat size, including, inter alia, the prevailing weather conditions, the impact of fishing techniques on the marine ecosystem, the time spent at sea and the characteristics of the economic unit exploiting the resource. Small offshore islands which are dependent on fishing should be especially recognised and supported, both financially and through the allocation of additional resources, in order to enable them to survive and prosper in the future. [Am. 19]

| (15) | Marine biological resources around the Azores, Madeira and the Canary Islands should continue to be especially protected since they contribute to the preservation of the local economy of these islands, having regard to the structural, social and economic situation of those islands. The limitation of certain fishing activities in those waters to fishing vessels registered in the ports of the Azores, Madeira and the Canary Islands should therefore be maintained. |
| --- | --- |

(15)

Marine biological resources around the Azores, Madeira and the Canary Islands should continue to be especially protected since they contribute to the preservation of the local economy of these islands, having regard to the structural, social and economic situation of those islands. The limitation of certain fishing activities in those waters to fishing vessels registered in the ports of the Azores, Madeira and the Canary Islands should therefore be maintained.

| (16) | The objective of sustainable exploitation of marine biological resources is more effectively achieved through a multi-annual approach to fisheries management
  . To that end, Member States, cooperating closely with the public authorities and the Advisory Councils, should create the conditions for sustainability, including at a local level
  , establishing as a priority multi-annual plans reflecting the specificities of different fisheries.
  This could be achieved through common actions at the regional level and, in a more binding way, through decision-making procedures that lead to the drawing-up of multiannual plans. [Am. 20] |
| --- | --- |

(16)

The objective of sustainable exploitation of marine biological resources is more effectively achieved through a multi-annual approach to fisheries management
  . To that end, Member States, cooperating closely with the public authorities and the Advisory Councils, should create the conditions for sustainability, including at a local level
  , establishing as a priority multi-annual plans reflecting the specificities of different fisheries.
  This could be achieved through common actions at the regional level and, in a more binding way, through decision-making procedures that lead to the drawing-up of multiannual plans. [Am. 20]

| (17) | Multi-annual plans should where possible cover multiple stocks where those stocks are jointly exploited. The multiannual plans should establish the basis for fixing fishing opportunities and quantifiable targets for the sustainable exploitation of stocks and marine ecosystems concerned, defining clear timeframes and safeguard mechanisms for unforeseen developments.
  Multiannual plans should also be governed by precisely defined management objectives in order to contribute to the sustainable exploitation of the stocks and of the marine ecosystems concerned. When the management scenarios could have a socioeconomic impact on the regions concerned, these plans should be adopted in consultation with operators in the fishing industry, with scientists and with institutional partners. [Am. 21] |
| --- | --- |

(17)

Multi-annual plans should where possible cover multiple stocks where those stocks are jointly exploited. The multiannual plans should establish the basis for fixing fishing opportunities and quantifiable targets for the sustainable exploitation of stocks and marine ecosystems concerned, defining clear timeframes and safeguard mechanisms for unforeseen developments.
  Multiannual plans should also be governed by precisely defined management objectives in order to contribute to the sustainable exploitation of the stocks and of the marine ecosystems concerned. When the management scenarios could have a socioeconomic impact on the regions concerned, these plans should be adopted in consultation with operators in the fishing industry, with scientists and with institutional partners. [Am. 21]

| (18) | Measures are needed to reduce and eliminate the current high levels of unwanted catches and
  to gradually eliminate
  discards.
  Unfortunately, previous legislation has often obliged fishermen to discard valuable resources.
  Indeed, unwanted catches and discards constitute a substantial waste and affect negatively the sustainable exploitation of marine biological resources and marine ecosystems as well as the financial viability of fisheries. An obligation to land all catches of managed stocks caught during fishing activities in Union waters or by Union fishing vessels should be established and gradually implemented.
  Priority should be given to developing, promoting and encouraging measures and incentives that aim to avoid unwanted catches in the first place. [Am. 22] |
| --- | --- |

(18)

Measures are needed to reduce and eliminate the current high levels of unwanted catches and
  to gradually eliminate
  discards.
  Unfortunately, previous legislation has often obliged fishermen to discard valuable resources.
  Indeed, unwanted catches and discards constitute a substantial waste and affect negatively the sustainable exploitation of marine biological resources and marine ecosystems as well as the financial viability of fisheries. An obligation to land all catches of managed stocks caught during fishing activities in Union waters or by Union fishing vessels should be established and gradually implemented.
  Priority should be given to developing, promoting and encouraging measures and incentives that aim to avoid unwanted catches in the first place. [Am. 22]

| (18a) | The obligation to land all catches should be introduced on a fisheries-by-fisheries base. Fishermen should be allowed to continue discarding species which, according to the best available scientific advice, have a high survival rate when released into the sea under conditions defined for a given fishery. [Am. 23] |
| --- | --- |

(18a)

The obligation to land all catches should be introduced on a fisheries-by-fisheries base. Fishermen should be allowed to continue discarding species which, according to the best available scientific advice, have a high survival rate when released into the sea under conditions defined for a given fishery. [Am. 23]

| (18b) | In order to make the obligation to land all catches workable and to mitigate the effect of varying yearly catch compositions, Member States should be allowed to transfer quotas between years, up to a certain percentage. [Am. 24] |
| --- | --- |

(18b)

In order to make the obligation to land all catches workable and to mitigate the effect of varying yearly catch compositions, Member States should be allowed to transfer quotas between years, up to a certain percentage. [Am. 24]

| (19) | Landings of unwanted catches should not result in full economic advantages for the operator. For landings of catches of fish under the minimum conservation reference size, the destination of such catches should be limited and exclude sale for human consumption.
  Each Member State should be able to decide whether it wants to allow the fish landed to be distributed free for beneficial or charitable purposes. [Am. 25] |
| --- | --- |

(19)

Landings of unwanted catches should not result in full economic advantages for the operator. For landings of catches of fish under the minimum conservation reference size, the destination of such catches should be limited and exclude sale for human consumption.
  Each Member State should be able to decide whether it wants to allow the fish landed to be distributed free for beneficial or charitable purposes. [Am. 25]

| (20) | For the sake of conservation of stocks
  and the adaptability of fleets and fisheries,
  clear objectives should be applied with respect to certain technical measures
  , and levels of governance should be tailored to management requirements
  . [Am. 26] |
| --- | --- |

(20)

For the sake of conservation of stocks
  and the adaptability of fleets and fisheries,
  clear objectives should be applied with respect to certain technical measures
  , and levels of governance should be tailored to management requirements
  . [Am. 26]

| (21) | For stocks for which no multi-annual plan has been established, exploitation rates delivering maximum sustainable yield should be ensured by setting catch and/or fishing effort limits.
  If insufficient data is available, fisheries should be managed by using proxy standards. [Am. 27] |
| --- | --- |

(21)

For stocks for which no multi-annual plan has been established, exploitation rates delivering maximum sustainable yield should be ensured by setting catch and/or fishing effort limits.
  If insufficient data is available, fisheries should be managed by using proxy standards. [Am. 27]

| (21a) | The Union should increase its efforts to achieve effective international cooperation and stock management in seas which are bordered by both Member States and third countries, providing for the creation, where appropriate, of regional fisheries management organisations for such areas. In particular, the Union should advocate the creation of a Regional Fisheries Management Organisation for the Black Sea. [Am. 28] |
| --- | --- |

(21a)

The Union should increase its efforts to achieve effective international cooperation and stock management in seas which are bordered by both Member States and third countries, providing for the creation, where appropriate, of regional fisheries management organisations for such areas. In particular, the Union should advocate the creation of a Regional Fisheries Management Organisation for the Black Sea. [Am. 28]

| (22) | In view of the precarious economic state of
  part of
  the fishing industry and the dependence of certain coastal communities on fishing activities, it is necessary to ensure the relative stability of fishing activities by allocating fishing opportunities among Member States, based on a predictable share of stocks for each Member State. [Am. 29] |
| --- | --- |

(22)

In view of the precarious economic state of
  part of
  the fishing industry and the dependence of certain coastal communities on fishing activities, it is necessary to ensure the relative stability of fishing activities by allocating fishing opportunities among Member States, based on a predictable share of stocks for each Member State. [Am. 29]

| (23) | Such relative stability of fishing activities, given the temporary biological situation of stocks, should safeguard the particular needs of regions where local communities are especially dependent on fisheries and related activities as decided by the Council in its Resolution of 3 November 1976, on certain external aspects of the creation of a 200-mile fishing zone in the Community (13) with effect from 1 January 1977, and in particular Annex VII thereto. Therefore, it is in this sense that the concept of relative stability aimed at should be understood. |
| --- | --- |

(23)

Such relative stability of fishing activities, given the temporary biological situation of stocks, should safeguard the particular needs of regions where local communities are especially dependent on fisheries and related activities as decided by the Council in its Resolution of 3 November 1976, on certain external aspects of the creation of a 200-mile fishing zone in the Community (13) with effect from 1 January 1977, and in particular Annex VII thereto. Therefore, it is in this sense that the concept of relative stability aimed at should be understood.

| (24) | Member States should be in a position to present substantiated requests to the Commission to draw up measures under the Common Fisheries Policy for measures identified by Member States as necessary to comply with obligations as regards Special Protection Areas pursuant to Article 4 of Council Directive 2009/147/EC of 30 November 2009 on the conservation of wild birds (14), Special Areas of Conservation pursuant to Article 6 of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (15) and marine protected areas pursuant to Article 13(4) of Directive 2008/56/EC . |
| --- | --- |

(24)

Member States should be in a position to present substantiated requests to the Commission to draw up measures under the Common Fisheries Policy for measures identified by Member States as necessary to comply with obligations as regards Special Protection Areas pursuant to Article 4 of Council Directive 2009/147/EC of 30 November 2009 on the conservation of wild birds (14), Special Areas of Conservation pursuant to Article 6 of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (15) and marine protected areas pursuant to Article 13(4) of Directive 2008/56/EC .

| (25) | The Commission
  , after consulting the Advisory Councils and Member States concerned,
  should be able to adopt temporary measures in the event of a serious threat, requiring immediate action, to the conservation of marine biological resources or to the marine ecosystem resulting from fishing activities.
  These measures should be established within defined timescales and should be operational for a fixed period of time. [Am. 30] |
| --- | --- |

(25)

The Commission
  , after consulting the Advisory Councils and Member States concerned,
  should be able to adopt temporary measures in the event of a serious threat, requiring immediate action, to the conservation of marine biological resources or to the marine ecosystem resulting from fishing activities.
  These measures should be established within defined timescales and should be operational for a fixed period of time. [Am. 30]

| (26) | Member States
  , after duly taking into account the views of relevant Advisory Councils and stakeholders,
  should be able to adopt conservation measures and technical measures for the implementation of the Common Fisheries Policy to allow for the policy to better address the realities and specificities of
  the various sea basins and the
  individual fisheries and to increase the adherence to the policy. [Am. 31] |
| --- | --- |

(26)

Member States
  , after duly taking into account the views of relevant Advisory Councils and stakeholders,
  should be able to adopt conservation measures and technical measures for the implementation of the Common Fisheries Policy to allow for the policy to better address the realities and specificities of
  the various sea basins and the
  individual fisheries and to increase the adherence to the policy. [Am. 31]

| (26a) | Member States should be encouraged to cooperate with one another on a regional basis. [Am. 32] |
| --- | --- |

(26a)

Member States should be encouraged to cooperate with one another on a regional basis. [Am. 32]

| (27) | In their 12 nautical mile zone, Member States should be allowed to adopt conservation and management measures applicable to all Union fishing vessels, provided that, where such measures apply to Union fishing vessels from other Member States, the measures adopted are non-discriminatory, prior consultation of other interested Member States has taken place and that the Union has not adopted measures specifically addressing conservation and management within that 12 nautical mile zone. |
| --- | --- |

(27)

In their 12 nautical mile zone, Member States should be allowed to adopt conservation and management measures applicable to all Union fishing vessels, provided that, where such measures apply to Union fishing vessels from other Member States, the measures adopted are non-discriminatory, prior consultation of other interested Member States has taken place and that the Union has not adopted measures specifically addressing conservation and management within that 12 nautical mile zone.

| (28) | Member States should be allowed to adopt conservation and management measures for stocks in Union waters applicable solely to Union fishing vessels flying their flag. |
| --- | --- |

(28)

Member States should be allowed to adopt conservation and management measures for stocks in Union waters applicable solely to Union fishing vessels flying their flag.

| (28a) | Access to the fishery should be based on transparent and objective environmental and social criteria, as a means of promoting responsible fishing which would serve to ensure that those operators who fish in the least environmentally damaging way and provide the greatest benefits for society are encouraged. [Am. 234] |
| --- | --- |

(28a)

Access to the fishery should be based on transparent and objective environmental and social criteria, as a means of promoting responsible fishing which would serve to ensure that those operators who fish in the least environmentally damaging way and provide the greatest benefits for society are encouraged. [Am. 234]

| (29) | A system of transferable fishing concessions for the majority of managed stocks under the Common Fisheries Policy should be implemented no later than 31 December 2013 for all vessels of 12 meters' length or over and all other vessels fishing with towed gears. Member States may exclude vessels up to 12 meters' length other than vessels using towed gear from transferable fishing concessions. Such a system should contribute to industry-induced fleet reductions and improved economic performance while at the same time creating legally secure and exclusive transferable fishing concession of a Member State's annual fishing opportunities. Since marine biological resources are a common good, transferable fishing concessions should only establish user entitlements to a Member State's part of annual fishing opportunities which may be recalled according to established rules.
  [Am. 33] |
| --- | --- |

(29)

A system of transferable fishing concessions for the majority of managed stocks under the Common Fisheries Policy should be implemented no later than 31 December 2013 for all vessels of 12 meters' length or over and all other vessels fishing with towed gears. Member States may exclude vessels up to 12 meters' length other than vessels using towed gear from transferable fishing concessions. Such a system should contribute to industry-induced fleet reductions and improved economic performance while at the same time creating legally secure and exclusive transferable fishing concession of a Member State's annual fishing opportunities. Since marine biological resources are a common good, transferable fishing concessions should only establish user entitlements to a Member State's part of annual fishing opportunities which may be recalled according to established rules.
  [Am. 33]

| (29a) | In accordance with the subsidiarity principle, each Member State should be allowed to choose its method of allocating the fishing opportunities assigned to it without an allocation system being imposed at Union level. In this way, Member States will remain free to establish, or not to establish, a system of transferable fishing concessions. [Am. 37] |
| --- | --- |

(29a)

In accordance with the subsidiarity principle, each Member State should be allowed to choose its method of allocating the fishing opportunities assigned to it without an allocation system being imposed at Union level. In this way, Member States will remain free to establish, or not to establish, a system of transferable fishing concessions. [Am. 37]

| (30) | Fishing concessions should be transferable and leasable in order to decentralise management of fishing opportunities towards the fishing industry and ensuring that fishers leaving the industry will not need to rely on public financial assistance under the Common Fisheries Policy.
  [Am. 35] |
| --- | --- |

(30)

Fishing concessions should be transferable and leasable in order to decentralise management of fishing opportunities towards the fishing industry and ensuring that fishers leaving the industry will not need to rely on public financial assistance under the Common Fisheries Policy.
  [Am. 35]

| (31) | Specific characteristics and socio-economic vulnerability of some small-scale fleets justify the limitation of the mandatory system of transferable fishing concessions to large vessels. The system of transferable fishing concessions should apply to stocks for which fishing opportunities are allocated.
  [Am. 36] |
| --- | --- |

(31)

Specific characteristics and socio-economic vulnerability of some small-scale fleets justify the limitation of the mandatory system of transferable fishing concessions to large vessels. The system of transferable fishing concessions should apply to stocks for which fishing opportunities are allocated.
  [Am. 36]

| (31a) | The Commission should assess the fishing fleet in order to obtain credible data concerning the precise level of overcapacity at Union level, thereby making it possible to propose appropriate and targeted instruments for its reduction. [Am. 34] |
| --- | --- |

(31a)

The Commission should assess the fishing fleet in order to obtain credible data concerning the precise level of overcapacity at Union level, thereby making it possible to propose appropriate and targeted instruments for its reduction. [Am. 34]

| (31b) | A binding system should be established to evaluate fleet registers and to verify capacity ceilings, in order to ensure that each Member State respects the capacity ceilings assigned to it and to strengthen the fisheries control system so that fishing capacity is aligned with the resources available. [Am. 38] |
| --- | --- |

(31b)

A binding system should be established to evaluate fleet registers and to verify capacity ceilings, in order to ensure that each Member State respects the capacity ceilings assigned to it and to strengthen the fisheries control system so that fishing capacity is aligned with the resources available. [Am. 38]

| (32) | For Union fishing vessels not operating under a system of transferable fishing concessions,

  In some cases, Member States still need to take
  specific measures may be taken to align the number of Union

  their
  fishing vessels

  capacity
  with
  the
  available resources. Such measures should set compulsory maximum fleet capacity ceilings and establish national entry/exit schemes in relation to decommissioning funding granted under the European Fisheries Fund.

  Capacity should therefore be assessed for each stock and basin in the Union. This assessment should be based on common guidelines. Each Member State should be able to choose the measures and instruments which it wishes to adopt in order to reduce excessive fishing capacity. [Am. 39] |
| --- | --- |

(32)

For Union fishing vessels not operating under a system of transferable fishing concessions,

  In some cases, Member States still need to take
  specific measures may be taken to align the number of Union

  their
  fishing vessels

  capacity
  with
  the
  available resources. Such measures should set compulsory maximum fleet capacity ceilings and establish national entry/exit schemes in relation to decommissioning funding granted under the European Fisheries Fund.

  Capacity should therefore be assessed for each stock and basin in the Union. This assessment should be based on common guidelines. Each Member State should be able to choose the measures and instruments which it wishes to adopt in order to reduce excessive fishing capacity. [Am. 39]

| (33) | Member States should record the minimum information on characteristics and activities of Union fishing vessels flying their flag. Those records should be made available to the Commission for the purpose of monitoring the size of Member States' fleets. |
| --- | --- |

(33)

Member States should record the minimum information on characteristics and activities of Union fishing vessels flying their flag. Those records should be made available to the Commission for the purpose of monitoring the size of Member States' fleets.

| (34) | Fisheries management based on the best available

  full and accurate
  scientific advice requires harmonised, reliable and accurate data sets. Therefore Member states should collect data on fleets and their fishing activities, in particular biological data on catches, including discards, survey information on fish stocks and on the potential environmental impact of fishing activities on the marine ecosystem.
  The Commission should foster the necessary conditions for data harmonisation so as to promote an ecosystem-based interpretation of resources. [Am. 40] |
| --- | --- |

(34)

Fisheries management based on the best available

  full and accurate
  scientific advice requires harmonised, reliable and accurate data sets. Therefore Member states should collect data on fleets and their fishing activities, in particular biological data on catches, including discards, survey information on fish stocks and on the potential environmental impact of fishing activities on the marine ecosystem.
  The Commission should foster the necessary conditions for data harmonisation so as to promote an ecosystem-based interpretation of resources. [Am. 40]

| (35) | Data collection should include data which facilitate the economic assessment of
  all
  undertakings active in the fisheries sector, in aquaculture and in the processing of fisheries and aquaculture products
  , regardless of their size,
  and of employment trends in these industries
  , as well as data on the impact of such developments on fishing communities
  . [Am. 41] |
| --- | --- |

(35)

Data collection should include data which facilitate the economic assessment of
  all
  undertakings active in the fisheries sector, in aquaculture and in the processing of fisheries and aquaculture products
  , regardless of their size,
  and of employment trends in these industries
  , as well as data on the impact of such developments on fishing communities
  . [Am. 41]

| (36) | Member States should manage and make available to end-users of scientific-data the collected data, on the basis of a multi-annual Union program
  , supplying the relevant results to stakeholders
  .
  Regional authorities should be involved more actively in data collection activities
  . Member States should also cooperate with each other to coordinate data collection activities. Where relevant, Member States should also cooperate with third countries within the same sea basin regarding data collection
  , where possible acting through a regional body established for this purpose, bearing in mind the need to comply with international law, and in particular Unclos
  . [Am. 42] |
| --- | --- |

(36)

Member States should manage and make available to end-users of scientific-data the collected data, on the basis of a multi-annual Union program
  , supplying the relevant results to stakeholders
  .
  Regional authorities should be involved more actively in data collection activities
  . Member States should also cooperate with each other to coordinate data collection activities. Where relevant, Member States should also cooperate with third countries within the same sea basin regarding data collection
  , where possible acting through a regional body established for this purpose, bearing in mind the need to comply with international law, and in particular Unclos
  . [Am. 42]

| (37) | Policy-oriented fisheries science should be reinforced by means of nationally-adopted fisheries scientific data collection,
  independent
  research and innovation programs in coordination with other Member States as well as by Union research and innovation framework tools
  , and by the necessary data harmonisation and systematisation that the Commission is to carry out
  . [Am. 43] |
| --- | --- |

(37)

Policy-oriented fisheries science should be reinforced by means of nationally-adopted fisheries scientific data collection,
  independent
  research and innovation programs in coordination with other Member States as well as by Union research and innovation framework tools
  , and by the necessary data harmonisation and systematisation that the Commission is to carry out
  . [Am. 43]

| (38) | The Union should promote the objectives of the Common Fisheries Policy internationally. To this end, the Union should strive to improve the performance of regional and international organisations in
  the
  conservation and
  the sustainable
  management of international fish stocks, by promoting decision-making based on science and, improved compliance, increased transparency and

  , ensuring effective
  stakeholder participation, and by combating illegal, unreported and unregulated (IUU) fishing activities. [Am. 44] |
| --- | --- |

(38)

The Union should promote the objectives of the Common Fisheries Policy internationally. To this end, the Union should strive to improve the performance of regional and international organisations in
  the
  conservation and
  the sustainable
  management of international fish stocks, by promoting decision-making based on science and, improved compliance, increased transparency and

  , ensuring effective
  stakeholder participation, and by combating illegal, unreported and unregulated (IUU) fishing activities. [Am. 44]

| (39) | Sustainable fisheries agreements concluded with third countries should ensure that Union fishing activities in third country waters are based on the best available scientific advice, ensuring
  the
  sustainable exploitation
  and the conservation
  of the marine biological resources
  , while respecting the principle of surplus referred to in Unclos
  . Those agreements, which provide for access rights in exchange for a financial contribution from the Union, should contribute to the establishment of a high quality
  scientific data collection system and of a high quality
  governance framework to ensure in particular efficient monitoring, control and surveillance measures. [Am. 45] |
| --- | --- |

(39)

Sustainable fisheries agreements concluded with third countries should ensure that Union fishing activities in third country waters are based on the best available scientific advice, ensuring
  the
  sustainable exploitation
  and the conservation
  of the marine biological resources
  , while respecting the principle of surplus referred to in Unclos
  . Those agreements, which provide for access rights in exchange for a financial contribution from the Union, should contribute to the establishment of a high quality
  scientific data collection system and of a high quality
  governance framework to ensure in particular efficient monitoring, control and surveillance measures. [Am. 45]

| (40) | The introduction of a human rights clause in sustainable fisheries agreements should be fully consistent with the overall Union development policy objectives. |
| --- | --- |

(40)

The introduction of a human rights clause in sustainable fisheries agreements should be fully consistent with the overall Union development policy objectives.

| (41) | Respect for democratic principles and human rights, as laid down in the Universal Declaration of Human Rights and other relevant international human rights instruments, and for the principle of the rule of law, should constitute an essential element of Sustainable Fisheries Agreements and be subject to a specific human rights clause. |
| --- | --- |

(41)

Respect for democratic principles and human rights, as laid down in the Universal Declaration of Human Rights and other relevant international human rights instruments, and for the principle of the rule of law, should constitute an essential element of Sustainable Fisheries Agreements and be subject to a specific human rights clause.

| (41a) | In view of the serious piracy problem affecting those Union vessels fishing in third countries under bilateral or multilateral agreements and in view of the particular vulnerability of such vessels to piracy, measures and operations should be strengthened in order to protect them. [Am. 46] |
| --- | --- |

(41a)

In view of the serious piracy problem affecting those Union vessels fishing in third countries under bilateral or multilateral agreements and in view of the particular vulnerability of such vessels to piracy, measures and operations should be strengthened in order to protect them. [Am. 46]

| (42) | Aquaculture should contribute to the preservation of the food production potential on a sustainable basis throughout the Union so as to guarantee long-term food security
  including food supplies, as well as growth and employment
  for European citizens and to contribute to the growing world aquatic food demand. [Am. 47] |
| --- | --- |

(42)

Aquaculture should contribute to the preservation of the food production potential on a sustainable basis throughout the Union so as to guarantee long-term food security
  including food supplies, as well as growth and employment
  for European citizens and to contribute to the growing world aquatic food demand. [Am. 47]

| (43) | The Commission's Strategy for the Sustainable Development of European Aquaculture (16) adopted in 2009, which was welcomed and endorsed by the Council and welcomed by the European Parliament, noted the need for the creation and promotion of a level-playing field for aquaculture as the basis for its sustainable development. |
| --- | --- |

(43)

The Commission's Strategy for the Sustainable Development of European Aquaculture (16) adopted in 2009, which was welcomed and endorsed by the Council and welcomed by the European Parliament, noted the need for the creation and promotion of a level-playing field for aquaculture as the basis for its sustainable development.

| (44) | The Common Fisheries Policy should contribute to Europe 2020 Strategy for smart, sustainable and inclusive growth, and help achieve the objectives set out in that strategy (17). |
| --- | --- |

(44)

The Common Fisheries Policy should contribute to Europe 2020 Strategy for smart, sustainable and inclusive growth, and help achieve the objectives set out in that strategy (17).

| (45) | Aquaculture activities in the Union are influenced by different conditions across national borders, including as regards authorisations for the operators, Union strategic guidelines for national strategic plans should be developed to improve the competitiveness of the aquaculture industry, supporting its development and innovation, and encouraging economic activity, diversification and improving the quality of life in coastal and rural areas, as well as mechanisms to exchange among Member States information and best practices through an open method of coordination of national measures concerning business security, access to Union waters and space, and administrative simplification of licensing. |
| --- | --- |

(45)

Aquaculture activities in the Union are influenced by different conditions across national borders, including as regards authorisations for the operators, Union strategic guidelines for national strategic plans should be developed to improve the competitiveness of the aquaculture industry, supporting its development and innovation, and encouraging economic activity, diversification and improving the quality of life in coastal and rural areas, as well as mechanisms to exchange among Member States information and best practices through an open method of coordination of national measures concerning business security, access to Union waters and space, and administrative simplification of licensing.

| (46) | The specific nature of aquaculture requires an Advisory Council for stakeholder consultation on elements of Union policies which could affect aquaculture. |
| --- | --- |

(46)

The specific nature of aquaculture requires an Advisory Council for stakeholder consultation on elements of Union policies which could affect aquaculture.

| (46a) | In view of the special characteristics of the outermost regions, particularly their geographical remoteness and the importance of fishing to their economies, an Advisory Council should be set up for the outermost regions, divided into three sections covering the West Atlantic, East Atlantic and the Indian Ocean sea basins. One of the aims of that Advisory Council should be to contribute to measures against illegal, undeclared and unmanaged fishing worldwide. [Am. 48] |
| --- | --- |

(46a)

In view of the special characteristics of the outermost regions, particularly their geographical remoteness and the importance of fishing to their economies, an Advisory Council should be set up for the outermost regions, divided into three sections covering the West Atlantic, East Atlantic and the Indian Ocean sea basins. One of the aims of that Advisory Council should be to contribute to measures against illegal, undeclared and unmanaged fishing worldwide. [Am. 48]

| (47) | There is a need to strengthen the competitiveness of the Union fishery and aquaculture sector, and a call for simplification in support of better management of production and marketing activities of the sector.
  In doing so it is necessary to ensure reciprocity in trade with third countries so as to create a level playing field on the Union market, not just as regards the sustainability of fisheries, but also as regards health checks
  ; the Common Market Organisation for fishery and aquaculture products should ensure a level-playing field for all fishing and aquaculture products marketed
  , regardless of whether these products originate
  in the Union
  or in third countries
  , should enable consumers to make better informed choices and

  based on traceability, should
  support responsible consumption, and should improve the economic knowledge and understanding of the Union markets along the supply chain.
  The part of this Regulation concerning the Common Market Organisation should include provisions making imports of fisheries and aquaculture products subject to compliance with internationally recognised social and environmental standards. [Am. 49] |
| --- | --- |

(47)

There is a need to strengthen the competitiveness of the Union fishery and aquaculture sector, and a call for simplification in support of better management of production and marketing activities of the sector.
  In doing so it is necessary to ensure reciprocity in trade with third countries so as to create a level playing field on the Union market, not just as regards the sustainability of fisheries, but also as regards health checks
  ; the Common Market Organisation for fishery and aquaculture products should ensure a level-playing field for all fishing and aquaculture products marketed
  , regardless of whether these products originate
  in the Union
  or in third countries
  , should enable consumers to make better informed choices and

  based on traceability, should
  support responsible consumption, and should improve the economic knowledge and understanding of the Union markets along the supply chain.
  The part of this Regulation concerning the Common Market Organisation should include provisions making imports of fisheries and aquaculture products subject to compliance with internationally recognised social and environmental standards. [Am. 49]

| (48) | The Common Market Organisation should be implemented in compliance with international commitments of the Union, in particular with regard to the provisions of the World Trade Organisation. The success of the common fisheries policy requires an effective system of control, inspection and enforcement, including the fight against IUU fishing activities. A

  Consequently, existing legislation in this area should be implemented effectively and a
  Union system for control, inspection, and enforcement should be established so as to ensure compliance with the Common Fisheries Policy's rules. [Am. 50] |
| --- | --- |

(48)

The Common Market Organisation should be implemented in compliance with international commitments of the Union, in particular with regard to the provisions of the World Trade Organisation. The success of the common fisheries policy requires an effective system of control, inspection and enforcement, including the fight against IUU fishing activities. A

  Consequently, existing legislation in this area should be implemented effectively and a
  Union system for control, inspection, and enforcement should be established so as to ensure compliance with the Common Fisheries Policy's rules. [Am. 50]

| (49) | The use of modern
  , effective
  technologies should be promoted in the framework of the Union system for control, inspection, and enforcement. Member States or the Commission should have the possibility to conduct pilot projects on new control technologies and data management systems. [Am. 51] |
| --- | --- |

(49)

The use of modern
  , effective
  technologies should be promoted in the framework of the Union system for control, inspection, and enforcement. Member States or the Commission should have the possibility to conduct pilot projects on new control technologies and data management systems. [Am. 51]

| (50) | To ensure the involvement of concerned operators in the Union system for control, inspection, and enforcement, Member States should be able to require the holders of a fishing licence of Union fishing vessels of 12 meters length over all
  or more flying their flag

  their operators
  to contribute proportionally to the
  operational
  costs of that system. [Am. 196] |
| --- | --- |

(50)

To ensure the involvement of concerned operators in the Union system for control, inspection, and enforcement, Member States should be able to require the holders of a fishing licence of Union fishing vessels of 12 meters length over all
  or more flying their flag

  their operators
  to contribute proportionally to the
  operational
  costs of that system. [Am. 196]

| (51) | The objectives of the Common Fisheries Policy cannot be sufficiently achieved by Member States given the problems encountered in the development of the fishing industry and its management, and the limits on the financial resources of the Member States. Therefore, to contribute to the achievement of those objectives, multiannual Union financial assistance should be granted, focused on the priorities of the Common Fisheries Policy
  and tailored to the specific features of the fishing industry in individual Member States
  . [Am. 52] |
| --- | --- |

(51)

The objectives of the Common Fisheries Policy cannot be sufficiently achieved by Member States given the problems encountered in the development of the fishing industry and its management, and the limits on the financial resources of the Member States. Therefore, to contribute to the achievement of those objectives, multiannual Union financial assistance should be granted, focused on the priorities of the Common Fisheries Policy
  and tailored to the specific features of the fishing industry in individual Member States
  . [Am. 52]

| (51a) | Union financial assistance should facilitate the development of public goods and services in the fisheries sector, and in particular support control and monitoring measures, information gathering, research and the development of activities aimed at ensuring a healthy marine ecosystem. [Am. 245] |
| --- | --- |

(51a)

Union financial assistance should facilitate the development of public goods and services in the fisheries sector, and in particular support control and monitoring measures, information gathering, research and the development of activities aimed at ensuring a healthy marine ecosystem. [Am. 245]

| (52) | Union financial assistance should be made conditional upon compliance by Member States and operators
  , including vessel owners,
  with the Common Fisheries Policy. Thus such financial assistance should be interrupted, suspended or corrected in cases of non-compliance with the rules of Common Fisheries Policy by Member States and serious infringements of those rules by operators. [Am. 53] |
| --- | --- |

(52)

Union financial assistance should be made conditional upon compliance by Member States and operators
  , including vessel owners,
  with the Common Fisheries Policy. Thus such financial assistance should be interrupted, suspended or corrected in cases of non-compliance with the rules of Common Fisheries Policy by Member States and serious infringements of those rules by operators. [Am. 53]

| (53) | Dialogue with stakeholders has proven essential for the achievement of the objectives of the Common Fisheries Policy. Taking into account the diverse conditions throughout Union waters and increased regionalisation of the Common Fisheries Policy, Advisory Councils should enable the Common Fisheries Policy to benefit from the knowledge and experience of all stakeholders
  , particularly in the drafting of the multiannual plans
  . [Am. 54] |
| --- | --- |

(53)

Dialogue with stakeholders has proven essential for the achievement of the objectives of the Common Fisheries Policy. Taking into account the diverse conditions throughout Union waters and increased regionalisation of the Common Fisheries Policy, Advisory Councils should enable the Common Fisheries Policy to benefit from the knowledge and experience of all stakeholders
  , particularly in the drafting of the multiannual plans
  . [Am. 54]

| (54) | It appears appropriate that the Commission be empowered by delegated acts to create

  In view of the special characteristics of the outermost regions, of aquaculture and inland fishing, of markets and of the Black Sea, it is appropriate to establish
  a new Advisory Council and to modify areas of competence of existing ones, in particular considering the specificities of the Black Sea

  for each of them
  . [Am. 55] |
| --- | --- |

(54)

It appears appropriate that the Commission be empowered by delegated acts to create

  In view of the special characteristics of the outermost regions, of aquaculture and inland fishing, of markets and of the Black Sea, it is appropriate to establish
  a new Advisory Council and to modify areas of competence of existing ones, in particular considering the specificities of the Black Sea

  for each of them
  . [Am. 55]

| (55) | To achieve the objectives of the Common Fisheries Policy, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission for the purpose of specifying fishing related measures to alleviate the impact of fishing activities in special areas of conservation

  alleviating, where imperative grounds of urgency so require, a serious threat to the conservation of marine biological resources, or to the marine eco-system
  , adaptation of the obligation to land all catches for the purpose of complying with the Union's international obligations, default conservation measures in the framework of multiannual plans or technical measures, the recalculation of fleet capacity ceilings, definition of information on characteristics and activity for Union fishing vessels, rules for carrying out pilot projects on new control technologies and data management systems, amendments to Annex III in relation to the areas of competence for Advisory Councils and the composition and functioning of Advisory Councils. [Am. 56] |
| --- | --- |

(55)

To achieve the objectives of the Common Fisheries Policy, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission for the purpose of specifying fishing related measures to alleviate the impact of fishing activities in special areas of conservation

  alleviating, where imperative grounds of urgency so require, a serious threat to the conservation of marine biological resources, or to the marine eco-system
  , adaptation of the obligation to land all catches for the purpose of complying with the Union's international obligations, default conservation measures in the framework of multiannual plans or technical measures, the recalculation of fleet capacity ceilings, definition of information on characteristics and activity for Union fishing vessels, rules for carrying out pilot projects on new control technologies and data management systems, amendments to Annex III in relation to the areas of competence for Advisory Councils and the composition and functioning of Advisory Councils. [Am. 56]

| (56) | It is of particular importance that the Commission carry out appropriate consultations during its preparatory work for the adoption of delegated acts, including at expert level. |
| --- | --- |

(56)

It is of particular importance that the Commission carry out appropriate consultations during its preparatory work for the adoption of delegated acts, including at expert level.

| (57) | 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. |
| --- | --- |

(57)

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.

| (58) | In order to ensure uniform conditions for the implementation of technical operational requirements for the modalities for transmission of information related to fishing fleet registers and to data requirements for fisheries management, 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 (18). |
| --- | --- |

(58)

In order to ensure uniform conditions for the implementation of technical operational requirements for the modalities for transmission of information related to fishing fleet registers and to data requirements for fisheries management, 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 (18).

| (59) | To achieve the basic objective of the Common Fisheries Policy, namely to provide long-term sustainable environmental, economic and social conditions for the fishing and aquaculture sectors, and to contribute to the availability of food supplies, it is necessary and appropriate to lay down rules on the conservation and exploitation of marine biological resources
  and rules that ensure the economic and social sustainability of the Union fishing and shell-fishing sector, where appropriate, providing sufficient funding
  . [Am. 57] |
| --- | --- |

(59)

To achieve the basic objective of the Common Fisheries Policy, namely to provide long-term sustainable environmental, economic and social conditions for the fishing and aquaculture sectors, and to contribute to the availability of food supplies, it is necessary and appropriate to lay down rules on the conservation and exploitation of marine biological resources
  and rules that ensure the economic and social sustainability of the Union fishing and shell-fishing sector, where appropriate, providing sufficient funding
  . [Am. 57]

| (60) | In accordance with the principle of proportionality as set out in Article 5 of the Treaty on European Union, this Regulation does not go beyond what is necessary to achieve that objective. |
| --- | --- |

(60)

In accordance with the principle of proportionality as set out in Article 5 of the Treaty on European Union, this Regulation does not go beyond what is necessary to achieve that objective.

| (61) | Council Decision 2004/585/EC of 19 July 2004 establishing Regional Advisory Councils under the Common Fisheries Policy (19) should be repealed upon entry in force of the corresponding rules pursuant to this Regulation. |
| --- | --- |

(61)

Council Decision 2004/585/EC of 19 July 2004 establishing Regional Advisory Councils under the Common Fisheries Policy (19) should be repealed upon entry in force of the corresponding rules pursuant to this Regulation.

| (62) | Regulation (EC) No 199/2008 of 25 February 2008 concerning the establishment of a Community framework for the collection, management and use of data in the fisheries sector and support scientific advice regarding the common fisheries policy

   (20)

  should be repealed, but should continue to apply to the national programmes adopted for the collection and management of data for the years 2011 — 2013.
  [Am. 58] |
| --- | --- |

(62)

Regulation (EC) No 199/2008 of 25 February 2008 concerning the establishment of a Community framework for the collection, management and use of data in the fisheries sector and support scientific advice regarding the common fisheries policy

   (20)

  should be repealed, but should continue to apply to the national programmes adopted for the collection and management of data for the years 2011 — 2013.
  [Am. 58]

| (63) | By reason of the number and importance of the amendments to be made, Council Regulation (EC) No 2371/2002 should be repealed, |
| --- | --- |

(63)

By reason of the number and importance of the amendments to be made, Council Regulation (EC) No 2371/2002 should be repealed,

HAVE ADOPTED THIS REGULATION:

PART I

GENERAL PROVISIONS

Article 1

Scope

1.   The Common Fisheries Policy shall cover:

| (a) | the
  conservation, management and exploitation of marine biological resources; and
  the sustainable exploitation and management of fisheries targeting such resources; |
| --- | --- |

(a)

the
  conservation, management and exploitation of marine biological resources; and
  the sustainable exploitation and management of fisheries targeting such resources;

| (b) | fresh water biological resources, aquaculture, and the processing and marketing of fisheries and aquaculture products, in relation to measures on markets and financial measures in support of the Common Fisheries Policy.
  , structural measures and the management of the fleet capacity; |
| --- | --- |

(b)

fresh water biological resources, aquaculture, and the processing and marketing of fisheries and aquaculture products, in relation to measures on markets and financial measures in support of the Common Fisheries Policy.
  , structural measures and the management of the fleet capacity;

| (ba) | the social and economic viability of fishing activities
  ,
  the promotion of employment in, and the development of, coastal communities and the specific problems of small scale and artisanal fishing and aquaculture. [Am. 59] |
| --- | --- |

(ba)

the social and economic viability of fishing activities
  ,
  the promotion of employment in, and the development of, coastal communities and the specific problems of small scale and artisanal fishing and aquaculture. [Am. 59]

2.   The Common Fisheries Policy shall cover the activities referred to in paragraph 1 where they are carried out:

| (a) | on the territory of Member States; or |
| --- | --- |

(a)

on the territory of Member States; or

| (b) | in Union waters, including by fishing vessels flying the flag of, and registered in, third countries; or |
| --- | --- |

(b)

in Union waters, including by fishing vessels flying the flag of, and registered in, third countries; or

| (c) | by Union fishing vessels outside Union waters; or |
| --- | --- |

(c)

by Union fishing vessels outside Union waters; or

| (d) | by nationals of Member States, without prejudice to the primary responsibility of the flag State. |
| --- | --- |

(d)

by nationals of Member States, without prejudice to the primary responsibility of the flag State.

Article 2

General Objectives

1.   The Common Fisheries Policy shall ensure that fishing and aquaculture activities provide long-term sustainable environmental,

  are environmentally sustainable in the long-term and are managed in a way that is consistent with the objectives of achieving
  economic and, social conditions and contribute

  and employment


  benefits, of contributing
  to the availability of food supplies
  and recreational fishing opportunities, and of allowing for processing industries and land-based activities directly linked to fishing activities, while taking into account the interests of both consumers and producers
  .

2.   The Common Fisheries Policy shall apply the precautionary approach to fisheries management, and shall aim to ensure
  that
  , by 2015, that exploitation of living marine biological resources restores and maintains populations of harvested species above levels which can produce

  fishing mortality rates are set at levels that should allow fish stocks to recover, by 2020 at the latest, above levels that are capable of producing
  the maximum sustainable yield
  and that should allow all recovered stocks to be maintained at these levels
  .

3.   The Common Fisheries Policy shall implement the ecosystem-based approach to fisheries management
  and aquaculture
  to ensure that the impacts of fishing
  and aquaculture contribute to the objective of minimising the impact of human
  activities on the marine ecosystem are limited

  , that they do not contribute to the degradation of the marine environment and that they are effectively tailored to individual fisheries and regions
  .

3a.
     
  The Common Fisheries Policy shall promote the sustainable development and the well-being of coastal communities, and the employment, the working conditions, and the safety of fishing operators.

4.   The Common Fisheries Policy shall integrate

  be consistent with
  the Union
  's
  environmental legislation requirements

  as well as with other Union policies
  .

4a.
     
  The Common Fisheries Policy shall ensure that the fishing capacity of the fleets is aligned with exploitation levels that comply with paragraph 2.

4b.
     
  The Common Fisheries Policy shall contribute to the collection of comprehensive and credible scientific data. [Am. 60]

Article 3

Specific objectives

For the purpose of achieving the general objectives set out in Article 2, the Common Fisheries Policy shall in particular:

| (a) | prevent, minimise and as far as possible
  eliminate unwanted catches of commercial stocks and gradually ensure that all catches of such stocks are landed; |
| --- | --- |

(a)

prevent, minimise and as far as possible
  eliminate unwanted catches of commercial stocks and gradually ensure that all catches of such stocks are landed;

| (aa) | ensure that all catches of harvested and regulated stocks are landed, taking the best scientific advice into account, and avoiding the creation of new markets or expanding existing ones; |
| --- | --- |

(aa)

ensure that all catches of harvested and regulated stocks are landed, taking the best scientific advice into account, and avoiding the creation of new markets or expanding existing ones;

| (b) | provide conditions for efficient
  environmentally sustainable
  fishing activities within

  in the Union to restore
  an economically viable and competitive fishing industry
  , ensuring fair conditions within the internal market
  ; |
| --- | --- |

(b)

provide conditions for efficient
  environmentally sustainable
  fishing activities within

  in the Union to restore
  an economically viable and competitive fishing industry
  , ensuring fair conditions within the internal market
  ;

| (c) | promote the development of Union aquaculture activities to

  and of the industries linked to them, ensuring that they are environmentally sustainable and that they
  contribute to food security and employment in coastal and rural areas; |
| --- | --- |

(c)

promote the development of Union aquaculture activities to

  and of the industries linked to them, ensuring that they are environmentally sustainable and that they
  contribute to food security and employment in coastal and rural areas;

| (d) | promote an equitable distribution of marine resources in order to
  contribute to a fair standard of living for those who depend on fishing activities; |
| --- | --- |

(d)

promote an equitable distribution of marine resources in order to
  contribute to a fair standard of living for those who depend on fishing activities;

| (e) | take into account the interests of consumers; |
| --- | --- |

(e)

take into account the interests of consumers;

| (f) | ensure systematic and, harmonised
  , regular and reliable
  data collection and
  transparent data
  management
  and address the issues arising from data-poor stock management
  ; |
| --- | --- |

(f)

ensure systematic and, harmonised
  , regular and reliable
  data collection and
  transparent data
  management
  and address the issues arising from data-poor stock management
  ;

| (fa) | promote small-scale coastal fishing activities; |
| --- | --- |

(fa)

promote small-scale coastal fishing activities;

| (fb) | contribute to the achievement and maintenance of good environmental status as set out in Article 1(1) of Directive 2008/56/EC. [Ams 61 and 235] |
| --- | --- |

(fb)

contribute to the achievement and maintenance of good environmental status as set out in Article 1(1) of Directive 2008/56/EC. [Ams 61 and 235]

Article 4

Principles of good governance

The Common Fisheries Policy shall be guided by

  apply
  the following principles of good governance:

| (a) | clear definition of responsibilities at the Union,
  regional,
  national, regional and local levels
  , respecting the constitutional arrangements of each Member State
  ; |
| --- | --- |

(a)

clear definition of responsibilities at the Union,
  regional,
  national, regional and local levels
  , respecting the constitutional arrangements of each Member State
  ;

| (aa) | the need to take a decentralised and regionalised approach to fisheries management; |
| --- | --- |

(aa)

the need to take a decentralised and regionalised approach to fisheries management;

| (b) | establishment of measures in accordance with the best available scientific advice; |
| --- | --- |

(b)

establishment of measures in accordance with the best available scientific advice;

| (c) | a long-term perspective; |
| --- | --- |

(c)

a long-term perspective;

| (ca) | the reduction of administrative costs; |
| --- | --- |

(ca)

the reduction of administrative costs;

| (d) | broad

  the appropriate
  involvement of stakeholders
  , in particular of Advisory Councils and social partners,
  at all stages — from conception to implementation — of the measures
  , that ensures that regional special characteristics are preserved, through a regionalised approach
  ; |
| --- | --- |

(d)

broad

  the appropriate
  involvement of stakeholders
  , in particular of Advisory Councils and social partners,
  at all stages — from conception to implementation — of the measures
  , that ensures that regional special characteristics are preserved, through a regionalised approach
  ;

| (e) | the primary responsibility of the flag State; |
| --- | --- |

(e)

the primary responsibility of the flag State;

| (f) | consistence with the integrated maritime policy, and with other Union policies; |
| --- | --- |

(f)

consistence with the integrated maritime policy, and with other Union policies;

| (fa) | the need to carry out environmental and strategic impact assessments; |
| --- | --- |

(fa)

the need to carry out environmental and strategic impact assessments;

| (fb) | the parity between the internal and external dimension of the Common Fisheries Policy, such that standards and enforcement mechanisms applied within the Union are also applied externally, when applicable; |
| --- | --- |

(fb)

the parity between the internal and external dimension of the Common Fisheries Policy, such that standards and enforcement mechanisms applied within the Union are also applied externally, when applicable;

| (fc) | transparent data-handling and decision-making in accordance with the Convention of the United Nations Economic Commission for Europe on access to information, public participation in decision-making and access to justice in environmental matters (‘the Aarhus Convention’), approved on behalf of the Union by Council Decision 2005/370/EC

   (21)
  . [Ams 62 and 220] |
| --- | --- |

(fc)

transparent data-handling and decision-making in accordance with the Convention of the United Nations Economic Commission for Europe on access to information, public participation in decision-making and access to justice in environmental matters (‘the Aarhus Convention’), approved on behalf of the Union by Council Decision 2005/370/EC

   (21)
  . [Ams 62 and 220]

Article 5

Definitions

For the purpose of this Regulation the following definitions shall apply:

| (1) | ‘Union waters’ means the waters
  and the seabeds
  under the sovereignty or jurisdiction of the Member States with the exception of the waters

  those
  adjacent to the territories listed in Annex II to the Treaty; [Am. 63] |
| --- | --- |

(1)

‘Union waters’ means the waters
  and the seabeds
  under the sovereignty or jurisdiction of the Member States with the exception of the waters

  those
  adjacent to the territories listed in Annex II to the Treaty; [Am. 63]

| (2) | ‘marine biological resources’ means available and accessible living marine aquatic species, including anadromous and catadromous species through all stages of their life cycle; |
| --- | --- |

(2)

‘marine biological resources’ means available and accessible living marine aquatic species, including anadromous and catadromous species through all stages of their life cycle;

| (3) | ‘fresh water biological resources’ means available and accessible living fresh water aquatic species; |
| --- | --- |

(3)

‘fresh water biological resources’ means available and accessible living fresh water aquatic species;

| (4) | ‘fishing vessel’ means any vessel equipped for commercial fishing of marine biological resources; |
| --- | --- |

(4)

‘fishing vessel’ means any vessel equipped for commercial fishing of marine biological resources;

| (5) | ‘Union fishing vessel’ means a fishing vessel flying the flag of a Member State and registered in the Union; |
| --- | --- |

(5)

‘Union fishing vessel’ means a fishing vessel flying the flag of a Member State and registered in the Union;

| (5a) | ‘fishermen’ means any person engaging in professional fishing, as recognised by a Member State, on board an operational fishing vessel or engaging in the professional harvesting of marine organisms, as recognised by the Member State, without a vessel; [Am. 64] |
| --- | --- |

(5a)

‘fishermen’ means any person engaging in professional fishing, as recognised by a Member State, on board an operational fishing vessel or engaging in the professional harvesting of marine organisms, as recognised by the Member State, without a vessel; [Am. 64]

| (5b) | ‘entry to the fishing fleet’ means registration of a fishing vessel in the fishing vessel register of a Member State; [Am. 65] |
| --- | --- |

(5b)

‘entry to the fishing fleet’ means registration of a fishing vessel in the fishing vessel register of a Member State; [Am. 65]

| (6) | ‘maximum sustainable yield’ means the maximum catch

  highest theoretical equilibrium yield
  that may

  can
  be
  continuously
  taken
  (on average)
  from a fish stock indefinitely

  under existing (average) environmental conditions without significantly affecting the reproduction process
  ; [Am. 66] |
| --- | --- |

(6)

‘maximum sustainable yield’ means the maximum catch

  highest theoretical equilibrium yield
  that may

  can
  be
  continuously
  taken
  (on average)
  from a fish stock indefinitely

  under existing (average) environmental conditions without significantly affecting the reproduction process
  ; [Am. 66]

| (6a) | ‘harvested species’ means species subject to fishing pressure/exploitation, including species caught as by-catch or affected by a fishery but not landed; [Am. 67] |
| --- | --- |

(6a)

‘harvested species’ means species subject to fishing pressure/exploitation, including species caught as by-catch or affected by a fishery but not landed; [Am. 67]

| (7) | ‘precautionary approach to fisheries management’
  , as referred to in Article 6 of the UN Fish Stocks Agreement,
  means an approach according to which the absence of adequate scientific information should not justify postponing or failing to take management measures to conserve target species, associated or dependent species and non-target species and their environment; [Am. 68] |
| --- | --- |

(7)

‘precautionary approach to fisheries management’
  , as referred to in Article 6 of the UN Fish Stocks Agreement,
  means an approach according to which the absence of adequate scientific information should not justify postponing or failing to take management measures to conserve target species, associated or dependent species and non-target species and their environment; [Am. 68]

| (8) | ‘ecosystem-based approach to fisheries management’ means an approach ensuring that benefits from living aquatic resources are high while the direct and indirect impacts of fishing operations on marine ecosystems are low and not detrimental to the future functioning, diversity and integrity of those ecosystems

  decision-making considers the impacts of fishing, other human activities and environmental factors on target stocks and all other species belonging to the same ecosystem or associated with or dependent upon the target stocks, ensuring that the collective pressure of such activities is kept within levels that are compatible with the achievement of good environmental status
  ; [Am. 237] |
| --- | --- |

(8)

‘ecosystem-based approach to fisheries management’ means an approach ensuring that benefits from living aquatic resources are high while the direct and indirect impacts of fishing operations on marine ecosystems are low and not detrimental to the future functioning, diversity and integrity of those ecosystems

  decision-making considers the impacts of fishing, other human activities and environmental factors on target stocks and all other species belonging to the same ecosystem or associated with or dependent upon the target stocks, ensuring that the collective pressure of such activities is kept within levels that are compatible with the achievement of good environmental status
  ; [Am. 237]

| (9) | ‘fishing mortality rate’ means the catches of a stock over a given period as a proportion of the average stock available to the

  rate at which biomass and individuals of species are removed from a stock by means of
  fishery in that period

  activities
  ; [Am. 70] |
| --- | --- |

(9)

‘fishing mortality rate’ means the catches of a stock over a given period as a proportion of the average stock available to the

  rate at which biomass and individuals of species are removed from a stock by means of
  fishery in that period

  activities
  ; [Am. 70]

| (9a) | ‘FMSY’ means the fishing mortality rate that is consistent with achieving the maximum sustainable yield; [Am. 71] |
| --- | --- |

(9a)

‘FMSY’ means the fishing mortality rate that is consistent with achieving the maximum sustainable yield; [Am. 71]

| (10) | ‘stock’ means a marine biological resource with distinctive characteristics that occurs in a given management area; [Am. 72] |
| --- | --- |

(10)

‘stock’ means a marine biological resource with distinctive characteristics that occurs in a given management area; [Am. 72]

| (11) | ‘catch limit’ means a quantitative limit on landings

  the catches
  of a fish stock or group of fish stocks over a given period; [Am. 73] |
| --- | --- |

(11)

‘catch limit’ means a quantitative limit on landings

  the catches
  of a fish stock or group of fish stocks over a given period; [Am. 73]

| (11a) | ‘unwanted catches’ means catches of species below minimum conservation reference size or minimum landing size, or catches of prohibited or protected species, or of non-marketable species or individuals of marketable species which do not meet the requirements specified in the provisions of Union fisheries legislation laying down technical, monitoring and conservation measures; [Am. 74] |
| --- | --- |

(11a)

‘unwanted catches’ means catches of species below minimum conservation reference size or minimum landing size, or catches of prohibited or protected species, or of non-marketable species or individuals of marketable species which do not meet the requirements specified in the provisions of Union fisheries legislation laying down technical, monitoring and conservation measures; [Am. 74]

| (12) | ‘conservation reference point’ means values of fish stock population parameters (such as biomass
  (B), spawning stock biomass (SSB)
  or fishing mortality rate
  (F)
  ) used in fisheries management
  to define
  , for example with respect to, an acceptable level of biological risk or a desired level of yield; [Am. 75] |
| --- | --- |

(12)

‘conservation reference point’ means values of fish stock population parameters (such as biomass
  (B), spawning stock biomass (SSB)
  or fishing mortality rate
  (F)
  ) used in fisheries management
  to define
  , for example with respect to, an acceptable level of biological risk or a desired level of yield; [Am. 75]

| (12a) | ‘limit reference point’ means values of fish stock population parameters (such as biomass or fishing mortality rate) used in fisheries management to indicate a threshold above or below which fisheries management is consistent with a management objective such as an acceptable level of biological risk or a desired level of yield; [Am. 76] |
| --- | --- |

(12a)

‘limit reference point’ means values of fish stock population parameters (such as biomass or fishing mortality rate) used in fisheries management to indicate a threshold above or below which fisheries management is consistent with a management objective such as an acceptable level of biological risk or a desired level of yield; [Am. 76]

| (12b) | ‘stock within safe biological limits’ means a stock with a high probability that its estimated spawning biomass at the end of the previous year is higher than the limit biomass reference point (Blim) and its estimated fishing mortality rate for the previous year is less than the limit fishing mortality rate reference point (Flim); [Am. 77] |
| --- | --- |

(12b)

‘stock within safe biological limits’ means a stock with a high probability that its estimated spawning biomass at the end of the previous year is higher than the limit biomass reference point (Blim) and its estimated fishing mortality rate for the previous year is less than the limit fishing mortality rate reference point (Flim); [Am. 77]

| (13) | ‘safeguard’ means a precautionary measure designed to or prevent

  avoid
  something undesirable occurring; [Am. 78] |
| --- | --- |

(13)

‘safeguard’ means a precautionary measure designed to or prevent

  avoid
  something undesirable occurring; [Am. 78]

| (14) | ‘technical measures’ means the measures that regulate the species composition, size composition of catches and impacts on components of the ecosystems
  or their functioning
  resulting from fishing activities through

  by
  imposing conditions concerning the use and structure

  characteristics
  of fishing gear and restriction

  by imposing time or space-related restrictions
  of access to fishing areas; [Am. 79] |
| --- | --- |

(14)

‘technical measures’ means the measures that regulate the species composition, size composition of catches and impacts on components of the ecosystems
  or their functioning
  resulting from fishing activities through

  by
  imposing conditions concerning the use and structure

  characteristics
  of fishing gear and restriction

  by imposing time or space-related restrictions
  of access to fishing areas; [Am. 79]

| (14a) | ‘essential fish habitats’ means fragile marine habitats that need to be protected due to their vital role in meeting the ecological and biological needs of fish species, including spawning, nursery and feeding grounds; [Am. 80] |
| --- | --- |

(14a)

‘essential fish habitats’ means fragile marine habitats that need to be protected due to their vital role in meeting the ecological and biological needs of fish species, including spawning, nursery and feeding grounds; [Am. 80]

| (14b) | ‘fishing protected area’ means a geographically defined sea area in which all or certain fishing activities are temporarily or permanently banned or restricted in order to improve the exploitation and conservation of living aquatic resources or the protection of marine ecosystems; [Am. 81] |
| --- | --- |

(14b)

‘fishing protected area’ means a geographically defined sea area in which all or certain fishing activities are temporarily or permanently banned or restricted in order to improve the exploitation and conservation of living aquatic resources or the protection of marine ecosystems; [Am. 81]

| (15) | ‘fishing opportunity’ means a quantified legal entitlement to fish
  a certain fish stock
  , expressed in terms of
  maximum
  catches and/or
  maximum
  fishing effort and conditions functionally linked thereto which are necessary to quantify them at a certain level

  for a given management area
  ; [Am. 82] |
| --- | --- |

(15)

‘fishing opportunity’ means a quantified legal entitlement to fish
  a certain fish stock
  , expressed in terms of
  maximum
  catches and/or
  maximum
  fishing effort and conditions functionally linked thereto which are necessary to quantify them at a certain level

  for a given management area
  ; [Am. 82]

| (16) | ‘fishing effort’ means the product of the capacity and the activity of a fishing vessel; for a group of fishing vessels it is the sum of the fishing effort of all vessels in the group; |
| --- | --- |

(16)

‘fishing effort’ means the product of the capacity and the activity of a fishing vessel; for a group of fishing vessels it is the sum of the fishing effort of all vessels in the group;

| (17) | ‘transferable fishing concessions’ means revocable user entitlements to a specific part of fishing opportunities allocated to a Member State or established in management plans adopted by a Member State in accordance with Article 19 of Regulation (EC) No 1967/2006
   (22)
  , which the holder may transfer to other eligible holders of such transferable fishing concessions;
  [Am. 83] |
| --- | --- |

(17)

‘transferable fishing concessions’ means revocable user entitlements to a specific part of fishing opportunities allocated to a Member State or established in management plans adopted by a Member State in accordance with Article 19 of Regulation (EC) No 1967/2006
   (22)
  , which the holder may transfer to other eligible holders of such transferable fishing concessions;
  [Am. 83]

| (18) | ‘individual fishing opportunities’ means annual fishing opportunities allocated to holders of transferable fishing concessions in a Member State on the basis of the proportion of fishing opportunities pertaining to that Member State;
  [Am. 84] |
| --- | --- |

(18)

‘individual fishing opportunities’ means annual fishing opportunities allocated to holders of transferable fishing concessions in a Member State on the basis of the proportion of fishing opportunities pertaining to that Member State;
  [Am. 84]

| (19) | ‘fishing capacity’ means
  the ability of a vessel to catch fish, measured in terms of vessel characteristics, including
  a vessel's tonnage in GT (Gross Tonnage) and, its power in kW (Kilowatt) as defined in Articles 4 and 5 of Council Regulation (EEC) No 2930/86 of 22 September 1986 defining characteristics for fishing vessels (23)

  , as well as the character and size of its fishing gears and any other parameter that affects its ability to catch fish
  ; [Am. 85] |
| --- | --- |

(19)

‘fishing capacity’ means
  the ability of a vessel to catch fish, measured in terms of vessel characteristics, including
  a vessel's tonnage in GT (Gross Tonnage) and, its power in kW (Kilowatt) as defined in Articles 4 and 5 of Council Regulation (EEC) No 2930/86 of 22 September 1986 defining characteristics for fishing vessels (23)

  , as well as the character and size of its fishing gears and any other parameter that affects its ability to catch fish
  ; [Am. 85]

| (19a) | ‘living capacity’ means the areas on board intended solely to provide a living and resting space for the crew; [Am. 86] |
| --- | --- |

(19a)

‘living capacity’ means the areas on board intended solely to provide a living and resting space for the crew; [Am. 86]

| (20) | ‘aquaculture’ means the rearing or cultivation of aquatic organisms using techniques designed to increase the production of the organisms in question beyond the natural capacity of the environment, where the organisms remain the property of a natural or legal person throughout the rearing and culture stage, up to and including harvesting; [Am. 87] |
| --- | --- |

(20)

‘aquaculture’ means the rearing or cultivation of aquatic organisms using techniques designed to increase the production of the organisms in question beyond the natural capacity of the environment, where the organisms remain the property of a natural or legal person throughout the rearing and culture stage, up to and including harvesting; [Am. 87]

| (21) | ‘fishing licence’ means a licence as referred to in Article 4(9) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy (24); |
| --- | --- |

(21)

‘fishing licence’ means a licence as referred to in Article 4(9) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy (24);

| (22) | ‘fishing authorisation’ means an authorisation as referred to in Article 4(10) of Regulation (EC) No 1224/2009; |
| --- | --- |

(22)

‘fishing authorisation’ means an authorisation as referred to in Article 4(10) of Regulation (EC) No 1224/2009;

| (23) | ‘fishing’ means the collection or capture of aquatic organisms living in their natural environment, or the intentional use of any means allowing such collection or capture; |
| --- | --- |

(23)

‘fishing’ means the collection or capture of aquatic organisms living in their natural environment, or the intentional use of any means allowing such collection or capture;

| (24) | ‘fishery products’ means the aquatic organisms resulting from any fishing activity; |
| --- | --- |

(24)

‘fishery products’ means the aquatic organisms resulting from any fishing activity;

| (25) | ‘operator’ means the natural or legal person who operates or holds any enterprise carrying out any of the activities related to any stage of production, processing, marketing, distribution and retail chains of fisheries and aquaculture products
  , or any other organisation representing fisheries professionals which is legally recognised and is in charge of managing access to fisheries resources, professional fisheries activities and aquaculture
  ; [Am. 88] |
| --- | --- |

(25)

‘operator’ means the natural or legal person who operates or holds any enterprise carrying out any of the activities related to any stage of production, processing, marketing, distribution and retail chains of fisheries and aquaculture products
  , or any other organisation representing fisheries professionals which is legally recognised and is in charge of managing access to fisheries resources, professional fisheries activities and aquaculture
  ; [Am. 88]

| (26) | ‘serious infringement’ means an infringement as defined in Article 42(1) of Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing (25) and in Article 90(1) of Regulation (EC) No 1224/2009; |
| --- | --- |

(26)

‘serious infringement’ means an infringement as defined in Article 42(1) of Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing (25) and in Article 90(1) of Regulation (EC) No 1224/2009;

| (27) | ‘end-user of scientific data’ means a
  research
  body with a research or management

  , or a management body with an
  interest in the scientific analysis of data in the fisheries sector; [Am. 89] |
| --- | --- |

(27)

‘end-user of scientific data’ means a
  research
  body with a research or management

  , or a management body with an
  interest in the scientific analysis of data in the fisheries sector; [Am. 89]

| (28) | ‘surplus of allowable catch’ means that part of the allowable catch which a coastal State does not have the capacity to harvest

  fish during a given period of time, resulting in an overall exploitation rate for individual stocks that remains below levels at which stocks are capable of restoring themselves and maintaining populations of harvested species above levels which can produce the maximum sustainable yield
  ; [Am. 90] |
| --- | --- |

(28)

‘surplus of allowable catch’ means that part of the allowable catch which a coastal State does not have the capacity to harvest

  fish during a given period of time, resulting in an overall exploitation rate for individual stocks that remains below levels at which stocks are capable of restoring themselves and maintaining populations of harvested species above levels which can produce the maximum sustainable yield
  ; [Am. 90]

| (29) | ‘aquaculture products’ mean the aquatic organisms at any stage of their life cycle resulting from any aquaculture activity; |
| --- | --- |

(29)

‘aquaculture products’ mean the aquatic organisms at any stage of their life cycle resulting from any aquaculture activity;

| (30) | ‘spawning stock biomass’ means an estimate of the mass of the fish of a particular resource that reproduces

  are sufficiently mature to reproduce
  at a defined time, including both males and females and including fish that reproduce viviparously; [Am. 91] |
| --- | --- |

(30)

‘spawning stock biomass’ means an estimate of the mass of the fish of a particular resource that reproduces

  are sufficiently mature to reproduce
  at a defined time, including both males and females and including fish that reproduce viviparously; [Am. 91]

| (31) | ‘mixed fisheries’ means fisheries where

  in which
  more than one species are

  is
  present in the area being fished

  a given area
  and are vulnerable to being

  may be
  caught in the fishing
  gear

  in the same catch
  ; [Am. 92] |
| --- | --- |

(31)

‘mixed fisheries’ means fisheries where

  in which
  more than one species are

  is
  present in the area being fished

  a given area
  and are vulnerable to being

  may be
  caught in the fishing
  gear

  in the same catch
  ; [Am. 92]

| (32) | ‘sustainable fisheries agreements’ mean international agreements concluded with another state for the purpose of obtaining access to resources or waters
  in order to sustainably exploit a share of the surplus of marine biological resources
  in exchange for financial compensation from the Union
  , to support the local fishing sector, with a particular emphasis on scientific data collection, monitoring and control, or for the purpose of obtaining reciprocal access to resources or waters by an exchange of fishing opportunities between the Union and the third country
  ; [Am. 93] |
| --- | --- |

(32)

‘sustainable fisheries agreements’ mean international agreements concluded with another state for the purpose of obtaining access to resources or waters
  in order to sustainably exploit a share of the surplus of marine biological resources
  in exchange for financial compensation from the Union
  , to support the local fishing sector, with a particular emphasis on scientific data collection, monitoring and control, or for the purpose of obtaining reciprocal access to resources or waters by an exchange of fishing opportunities between the Union and the third country
  ; [Am. 93]

| (32a) | ‘by-catch’ means the capture of any non-target organism, regardless of whether it is retained and landed or discarded; [Am. 95] |
| --- | --- |

(32a)

‘by-catch’ means the capture of any non-target organism, regardless of whether it is retained and landed or discarded; [Am. 95]

| (32b) | ‘catch’ means any marine biological resources that are captured by fishing; [Am. 96] |
| --- | --- |

(32b)

‘catch’ means any marine biological resources that are captured by fishing; [Am. 96]

| (32c) | ‘low impact fishing’ means utilising selective fishing techniques, which have a minimal detrimental impact on marine ecosystems and result in low fuel emissions; [Am. 97] |
| --- | --- |

(32c)

‘low impact fishing’ means utilising selective fishing techniques, which have a minimal detrimental impact on marine ecosystems and result in low fuel emissions; [Am. 97]

| (32d) | ‘selective fishing’ means fishing with fishing methods or fishing gears that target and capture organisms by size and species during the fishing operation, allowing non-target species to be avoided or released unharmed; [Am. 98] |
| --- | --- |

(32d)

‘selective fishing’ means fishing with fishing methods or fishing gears that target and capture organisms by size and species during the fishing operation, allowing non-target species to be avoided or released unharmed; [Am. 98]

PART II

ACCESS TO WATERS

Article 6

General rules on access to waters

1.   Union fishing vessels shall have equal access to waters and resources in all Union waters other than those referred to in paragraphs 2 and 3, subject to the measures adopted under Part III.

2.   In the waters up to 12 nautical miles from baselines under their sovereignty or jurisdiction, Member States shall be authorised from 1 January 2013 to 31 December 2022 to restrict fishing to fishing vessels that traditionally fish in those waters from ports on the adjacent coast, without prejudice to the arrangements for Union fishing vessels flying the flag of other Member States under existing neighbourhood relations between Member States and the arrangements contained in Annex I, fixing for each Member State the geographical zones within the coastal bands of other Member States where fishing activities are pursued and the species concerned.
  Member States may provide for exclusive or preferential access for small scale, artisanal or coastal fishermen, taking into account social and environmental factors including the potential benefits to be derived from awarding exclusive or preferential access for local or micro businesses and for fishermen pursuing selective and low-impact fishing practices.
  Member States shall inform the Commission of the restrictions put in place under this paragraph. [Am. 251]

3.   In the waters up to 100 nautical miles from the baselines of the Azores, Madeira and the Canary Islands, the Member States concerned may from 1 January 2013 to 31 December 2022 restrict fishing to vessels registered in the ports of those islands. Such restrictions shall not apply to Union vessels that traditionally fish in those waters, in so far as those vessels do not exceed the fishing effort traditionally exerted. Member States shall inform the Commission of the restrictions put in place under this paragraph.

3a.
     
  The status of the existing biologically sensitive area, as defined in Article 6 of Council Regulation (EC) No 1954/2003 of 4 November 2003 on the management of the fishing effort relating to certain Community fishing areas and resources

   (26)

  , shall be maintained in its current form. [Am. 99]

4.   The provisions which will follow arrangements set out in paragraphs 2 and 3 shall be adopted by 31 December 2022.

PART III

MEASURES FOR THE CONSERVATION
  AND SUSTAINABLE EXPLOITATION
  OF MARINE BIOLOGICAL RESOURCES [Am. 100]

TITLE I

TYPES OF MEASURES

Article - 7

General provisions on conservation measures

1.
     
  For the purpose of achieving the general objectives of the Common Fisheries Policy set out in Article 2, the Union shall adopt measures for the conservation and sustainable exploitation of marine biological resources as set out in Articles 7 and 8. They shall, in particular, be adopted in the form of multiannual plans in accordance with Articles 9, 10 and 11.

2.
     
  Such measures shall comply with the objectives set out in Articles 2 and 3 and shall be adopted taking into account the best available scientific advice and the opinions received from the relevant Advisory Councils.

3.
     
  Member States shall be empowered to adopt conservation measures in accordance with Articles 17 to 24 and with other relevant provisions of this Regulation. [Am. 101]

Article 7

Types of conservation measures

Measures for the conservation
  and sustainable exploitation
  of marine biological resources may include the following:

| (a) | adopting multiannual plans under Articles 9 — 11; |
| --- | --- |

(a)

adopting multiannual plans under Articles 9 — 11;

| (b) | establishing targets for the sustainable exploitation
  and conservation
  of stocks
  and for the protection of the marine environment from the impact of fishing activities
  ; |
| --- | --- |

(b)

establishing targets for the sustainable exploitation
  and conservation
  of stocks
  and for the protection of the marine environment from the impact of fishing activities
  ;

| (c) | adopting measures for the purpose of adapting the number of fishing vessels and/or types of fishing vessels to available fishing opportunities; |
| --- | --- |

(c)

adopting measures for the purpose of adapting the number of fishing vessels and/or types of fishing vessels to available fishing opportunities;

| (d) | establishing incentives, including those of an economic nature, to promote more selective or low impact fishing
  and fishing methods that have a low impact on the marine ecosystem and fishery resources, including giving preferential access to national fishing opportunities and incentives of an economic nature
  ; |
| --- | --- |

(d)

establishing incentives, including those of an economic nature, to promote more selective or low impact fishing
  and fishing methods that have a low impact on the marine ecosystem and fishery resources, including giving preferential access to national fishing opportunities and incentives of an economic nature
  ;

| (e) | adopting measures on the
  fixing
  and the allocation of
  fishing opportunities
  , as defined in Article 16
  ; |
| --- | --- |

(e)

adopting measures on the
  fixing
  and the allocation of
  fishing opportunities
  , as defined in Article 16
  ;

| (f) | adopting technical measures as referred to in Article

  Articles 8 and
  14; |
| --- | --- |

(f)

adopting technical measures as referred to in Article

  Articles 8 and
  14;

| (g) | adopting measures concerning the obligation to land all catches

  to achieve the objectives of Article 15
  ; |
| --- | --- |

(g)

adopting measures concerning the obligation to land all catches

  to achieve the objectives of Article 15
  ;

| (h) | conducting pilot projects on alternative types of fishing management techniques.
  and on gears that increase selectivity or that minimise the impact of fishing activities on the marine environment; |
| --- | --- |

(h)

conducting pilot projects on alternative types of fishing management techniques.
  and on gears that increase selectivity or that minimise the impact of fishing activities on the marine environment;

| (ha) | adopting measures which help Member States to fulfil obligations under environmental legislation; |
| --- | --- |

(ha)

adopting measures which help Member States to fulfil obligations under environmental legislation;

| (hb) | adopting other measures that contribute to achieving the objectives of Articles 2 and 3
  . [Am. 102] |
| --- | --- |

(hb)

adopting other measures that contribute to achieving the objectives of Articles 2 and 3
  . [Am. 102]

Article 7a

Establishment of fish stock recovery areas

1.
     
  In order to secure the conservation of living aquatic resources and marine ecosystems, and as part of a precautionary approach, Member States shall establish a coherent network of fish stock recovery areas in which all fishing activities are prohibited, that includes, in particular, areas important for fish reproduction.

2.
     
  Member States shall identify and designate the areas that are necessary to establish a coherent network of fish stock recovery areas. [Am. 103]

Article 8

Types of technical measures

Technical measures may include the following:

| (a) | mesh sizes

  definitions of the characteristics of fishing gears
  and rules concerning the

  their
  use of fishing gears; |
| --- | --- |

(a)

mesh sizes

  definitions of the characteristics of fishing gears
  and rules concerning the

  their
  use of fishing gears;

| (b) | restrictions

  specifications
  for the construction of fishing gear, including:






  (i) | modifications or additional devices to improve selectivity or to reduce

  minimise the negative
  impact on the benthic zone

  ecosystem
  ; |
| --- | --- | --- |

(b)

restrictions

  specifications
  for the construction of fishing gear, including:

(i)

modifications or additional devices to improve selectivity or to reduce

  minimise the negative
  impact on the benthic zone

  ecosystem
  ;

| (ii) | modifications or additional devices to reduce the incidental capture of endangered, threatened and protected species
  , as well as other unwanted catches
  ; |
| --- | --- |

(ii)

modifications or additional devices to reduce the incidental capture of endangered, threatened and protected species
  , as well as other unwanted catches
  ;

| (c) | prohibitions of
  or restrictions on
  the use of certain fishing gears in certain areas or seasons

  or of other technical equipment
  ; |
| --- | --- |

(c)

prohibitions of
  or restrictions on
  the use of certain fishing gears in certain areas or seasons

  or of other technical equipment
  ;

| (d) | prohibition

  prohibitions of,
  or restriction of

  on,
  fishing activities in certain zones and/or periods; |
| --- | --- |

(d)

prohibition

  prohibitions of,
  or restriction of

  on,
  fishing activities in certain zones and/or periods;

| (e) | requirements for fishing vessels to cease operating in an

  a defined
  area for a defined minimum period in order to protect a

  essential fish habitats,
  temporary aggregation

  aggregations
  of a vulnerable marine resource
  , endangered species, spawning fish or juveniles
  ; |
| --- | --- |

(e)

requirements for fishing vessels to cease operating in an

  a defined
  area for a defined minimum period in order to protect a

  essential fish habitats,
  temporary aggregation

  aggregations
  of a vulnerable marine resource
  , endangered species, spawning fish or juveniles
  ;

| (f) | specific measures to reduce

  minimise
  the
  negative
  impact of fishing activities on
  marine biodiversity and
  marine eco-systems and non target species

  , particularly those identified as bio-geographically sensitive such as the seamounts around the outermost regions, the resources of which should be exploited by the local fleet operating selective and environmentally-friendly fishing gear, including measures to avoid, to reduce and, as far as possible, to eliminate unwanted catches
  . |
| --- | --- |

(f)

specific measures to reduce

  minimise
  the
  negative
  impact of fishing activities on
  marine biodiversity and
  marine eco-systems and non target species

  , particularly those identified as bio-geographically sensitive such as the seamounts around the outermost regions, the resources of which should be exploited by the local fleet operating selective and environmentally-friendly fishing gear, including measures to avoid, to reduce and, as far as possible, to eliminate unwanted catches
  .

| (g) | other technical measures aimed at protecting marine biodiversity.
  [Ams 104 and 295] |
| --- | --- |

(g)

other technical measures aimed at protecting marine biodiversity.
  [Ams 104 and 295]

TITLE II

UNION MEASURES

Article 9

Multiannual plans

1.   Multiannual plans providing for

  The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall, as a priority and at the latest by...

   (*)

  establish multiannual plans that follow scientific advice from STECF and ICES and that include
  conservation measures to maintain or restore fish stocks above levels capable of producing maximum sustainable yield shall be established as a priority

  in accordance with Article 2(2). Multiannual plans shall also enable other objectives, set out in Articles 2 and 3, to be achieved
  .

2.   Multiannual plans shall provide for:

| (a) | the basis for fixing fishing opportunities for the fish stocks concerned on the basis of predefined conservation reference points; and
  /or limit reference points which shall be consistent with the objectives set out in Article 2 and in accordance with scientific advice; and |
| --- | --- |

(a)

the basis for fixing fishing opportunities for the fish stocks concerned on the basis of predefined conservation reference points; and
  /or limit reference points which shall be consistent with the objectives set out in Article 2 and in accordance with scientific advice; and

| (b) | measures that are capable of effectively preventing conservation

  limit
  reference points from being transgressed
  and that aim to reach conservation reference points
  . |
| --- | --- |

(b)

measures that are capable of effectively preventing conservation

  limit
  reference points from being transgressed
  and that aim to reach conservation reference points
  .

3.   Multiannual plans shall, where possible, cover either fisheries exploiting single fish stocks or fisheries exploiting a mixture of stocks, taking due account of interactions between stocks and, fisheries
  and marine ecosystems
  .

4.   Multiannual plans shall be based on the precautionary approach to fisheries management and shall take into account the limitations of the available data and assessment methods
  , including data-poor stock assessments,
  and all quantified sources of uncertainty in a scientifically valid manner. [Am. 105]

Article 10

Objectives of multiannual plans

1.   Multiannual plans shall provide for adaptations

  the adaptation
  of the fishing mortality rate, resulting in a

  rates, so that, by 2015,
  fishing mortality rate that restores and maintains all stocks

  rates are set at levels that should allow fish stocks to recover, by 2020 at the latest,
  above levels
  that are
  capable of producing
  the
  maximum sustainable yield by 2015

  and that should allow all recovered stocks to be maintained at these levels
  .

2.   In cases where the determination of a fishing mortality rate that restores and maintains stocks above levels capable of producing maximum sustainable yield

  , as established in paragraph 1,
  is not possible, multiannual plans shall provide for

  apply the
  precautionary
  approach to fisheries management and shall set out proxy standards and
  measures ensuring

  that ensure at least
  a comparable degree of conservation of the relevant stocks.

2a.
     
  Without prejudice to the provisions of paragraphs 1 and 2, the measures to be included in multiannual plans, and the calendar for implementing them, shall be proportionate to the objectives and targets pursued and to the timeframe envisaged. Before measures are included in the multiannual plans account shall be taken of their likely economic and social impact. Save in urgent cases, such measures shall be implemented gradually.

2b.
     
  Multiannual plans may contain provisions to address the specific problems of mixed fisheries in relation to the maintenance and restoration of stocks above levels capable of producing maximum sustainable yield, where scientific advice indicates that increases in selectivity to avoid the phenomenon of ‘choke species’ cannot be achieved. [Ams 106 and 107]

Article 11

Content of multiannual plans

1.
     A multiannual plan shall include:

| (a) | the scope, in terms of
  geographical area,
  stocks, fishery

  fisheries
  and the marine ecosystem

  ecosystems
  to which the multiannual plan shall be applied; |
| --- | --- |

(a)

the scope, in terms of
  geographical area,
  stocks, fishery

  fisheries
  and the marine ecosystem

  ecosystems
  to which the multiannual plan shall be applied;

| (b) | objectives
  that are
  consistent with the objectives set out in Articles 2 and 3
  and with the relevant provisions of Articles - 7a, 9 and 10
  ; |
| --- | --- |

(b)

objectives
  that are
  consistent with the objectives set out in Articles 2 and 3
  and with the relevant provisions of Articles - 7a, 9 and 10
  ;

| (ba) | an assessment of fleet capacity and, where there is no effective balance between fishing capacity and the available fishing opportunities, a capacity reduction plan including a timeline and the specific steps to be undertaken by each Member State concerned in order to align such fishing capacity with the available fishing opportunities within a binding timetable; without prejudice to the obligations laid down in Article 34, such assessment should also include an evaluation of the socioeconomic dimension of the fleet being assessed; |
| --- | --- |

(ba)

an assessment of fleet capacity and, where there is no effective balance between fishing capacity and the available fishing opportunities, a capacity reduction plan including a timeline and the specific steps to be undertaken by each Member State concerned in order to align such fishing capacity with the available fishing opportunities within a binding timetable; without prejudice to the obligations laid down in Article 34, such assessment should also include an evaluation of the socioeconomic dimension of the fleet being assessed;

| (bb) | an assessment of the socio-economic impact of the measures taken in the multiannual plan; |
| --- | --- |

(bb)

an assessment of the socio-economic impact of the measures taken in the multiannual plan;

| (c) | quantifiable targets expressed in terms of:






  (i) | fishing mortality rates, and/or |
| --- | --- | --- |

(c)

quantifiable targets expressed in terms of:

(i)

fishing mortality rates, and/or

| (ii) | spawning stock biomass, and |
| --- | --- |

(ii)

spawning stock biomass, and

| (iia) | maximum percentages of unwanted and unauthorised catches, and |
| --- | --- |

(iia)

maximum percentages of unwanted and unauthorised catches, and

| (iib) | maximum annual changes in fishing opportunities; |
| --- | --- |

(iib)

maximum annual changes in fishing opportunities;

| (iii) | stability of catches. |
| --- | --- |

(iii)

stability of catches.

| (d) | clear time frames to reach
  all
  the quantifiable targets; |
| --- | --- |

(d)

clear time frames to reach
  all
  the quantifiable targets;

| (da) | provisions to systematically reduce fishing opportunities when the quality or quantity of data available from the fishery declines; |
| --- | --- |

(da)

provisions to systematically reduce fishing opportunities when the quality or quantity of data available from the fishery declines;

| (e) | conservation and
  technical measures including measures concerning the elimination of

  to be taken in order to achieve the targets set out in Article 15 and measures designed to avoid and as far as possible eliminate
  unwanted catches; |
| --- | --- |

(e)

conservation and
  technical measures including measures concerning the elimination of

  to be taken in order to achieve the targets set out in Article 15 and measures designed to avoid and as far as possible eliminate
  unwanted catches;

| (f) | quantifiable indicators for periodic monitoring and assessment of the progress related to achieving the targets of the multiannual plan
  and of its socio-economic impact
  ; |
| --- | --- |

(f)

quantifiable indicators for periodic monitoring and assessment of the progress related to achieving the targets of the multiannual plan
  and of its socio-economic impact
  ;

| (g) | where appropriate,
  specific measures and objectives for the freshwater part of the life cycle of anadromous and catadromous species; |
| --- | --- |

(g)

where appropriate,
  specific measures and objectives for the freshwater part of the life cycle of anadromous and catadromous species;

| (h) | minimisation of impacts

  measures for reducing the impact
  of fishing on the eco-system; |
| --- | --- |

(h)

minimisation of impacts

  measures for reducing the impact
  of fishing on the eco-system;

| (i) | safeguards and criteria activating those safeguards; |
| --- | --- |

(i)

safeguards and criteria activating those safeguards;

| (ia) | measures to ensure compliance with the multiannual plan; |
| --- | --- |

(ia)

measures to ensure compliance with the multiannual plan;

| (j) | any other
  suitable and proportionate
  measures suitable to achieve the objectives of multiannual plans. |
| --- | --- |

(j)

any other
  suitable and proportionate
  measures suitable to achieve the objectives of multiannual plans.

1a.
     
  Multiannual plans shall provide for periodic review for the purpose of assessing the progress made towards reaching their objectives. In particular, such periodic reviews shall take into account new elements, such as changes in the scientific advice, in order to allow for any necessary intermediate adjustments. [Ams 108 and 239]

Article 12

Compliance with obligations under Union environmental legislation
  in relation to protected areas

1.   In special

  The Common Fisheries Policy and all subsequent measures adopted by Member States concerning special areas of conservation shall comply fully with Directive 92/43/EEC, Directive 2009/147/EC and Directive 2008/56/EC. Where a Member State has designated the
  areas of conservation within the meaning of

  mentioned in
  Article 6 of Directive 92/43/EEC, of Article 4 of Directive 2009/147/EC and of Article 13(4) of Directive 2008/56/EC,
  it shall, in consultation with the Commission, Advisory Councils and other relevant stakeholders, regulate
  fishing activities shall be conducted by Member States in such a way so as to alleviate the impact from fishing activities in such special areas of conservation

  in a way that complies fully with the objectives of those Directives
  . [Am. 109]

1a.
     
  All actions taken by the Union and by Member States under the CFP shall comply fully with the Aarhus Convention, Resolutions 61/105, 64/72 and 66/68 of the General Assembly of the United Nations, and the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks. [Am. 257]

1b.
     
  For fisheries conducted entirely within waters under the sovereignty and jurisdiction of a single Member State, the Member State concerned shall be empowered to adopt measures that are necessary to comply with its obligations under Union environmental legislation, in relation to protected areas. Such measures shall be compatible with the objectives set out in Article 2 and shall be no less stringent than the existing Union legislation. [Am. 258]

1c.
     
  Member States with a direct fishing interest in the areas to be affected by measures referred to in paragraph 1 shall cooperate with one another in accordance with Article 21(1a). Any of those Member States may request that the Commission adopt the measures referred to in paragraph 1. [Am. 111]

1d.
     
  In order for the Commission to act upon a request referred to in paragraph 1c, the requesting Member State or Member States shall provide the Commission with all relevant information on the measures requested, including a statement of reasons for the request, as well as scientific data and details concerning the practical implementation of the measures. In adopting the measures, the Commission shall take into account any relevant scientific advice that is available to it. [Am. 260]

2.   The Commission shall be empowered to adopt delegated acts in accordance with Article 55, to specify fishing related measures to alleviate the impact of fishing activities in special areas of conservation.
  [Am. 114]

2a.
     
  The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, on a proposal by the Commission, shall adopt measures to reduce the possible negative social and economic consequences of compliance with the obligations referred to in paragraph 1. [Am. 262]

Article 13

Commission measures in case of a serious threat to marine biological resources

1.   On the basis of

  Where there is
  evidence
  , based on reliable scientific data,
  of a serious threat to the conservation of marine biological resources, or to the marine eco-system and requiring immediate action, the Commission, upon a reasoned request of a Member State or on its own initiative, may decide on temporary measures

  shall be empowered to adopt delegated acts, in accordance with Article 55,
  to alleviate the threat.

Those delegated acts shall be adopted only where imperative grounds of urgency so require and the procedure provided for in Article 55a shall apply.

2.   The Member State shall communicate the reasoned request referred to in paragraph 1 simultaneously to the Commission, to the other Member States and to the Advisory Councils concerned.
  [Am. 115]

Article 13a

Member State emergency measures

1.
     
  If there is evidence that there is a serious and unforeseen threat to the conservation of living aquatic resources, or to the marine ecosystem resulting from fishing activities, in waters falling under the sovereignty or jurisdiction of a Member State and that any undue delay would result in damage that would be difficult to repair, that Member State may take emergency measures, the duration of which shall not exceed three months.

2.
     
  Member States intending to take emergency measures shall, before adopting them, notify the Commission, the other Member States and the relevant Advisory Councils of their intention to do so by sending a draft of those measures, together with an explanatory memorandum.

3.
     
  The Member States and the relevant Advisory Councils may submit their written comments to the Commission within five working days of the date of notification. The Commission shall adopt implementing acts confirming, cancelling or amending the measure. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).

On duly justified imperative grounds of urgency related to a serious and unforeseeable threat to the conservation of living aquatic resources, or to the marine ecosystem resulting from fishing activities, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 56(3). [Am. 116]

Article 14

Technical measures frameworks

Technical measures frameworks to ensure the protection of marine biological resources and the reduction of the impact of fishing activities on fish stocks and on marine eco-systems shall be established. Technical measures frameworks shall:

| (a) | contribute to maintaining or restoring fish stocks above levels capable of producing maximum sustainable yield through improvements in size-selection and where appropriate species selection; |
| --- | --- |

(a)

contribute to maintaining or restoring fish stocks above levels capable of producing maximum sustainable yield through improvements in size-selection and where appropriate species selection;

| (b) | reduce catches of undersized individuals from fish stocks; |
| --- | --- |

(b)

reduce catches of undersized individuals from fish stocks;

| (c) | reduce catches of unwanted marine organisms; |
| --- | --- |

(c)

reduce catches of unwanted marine organisms;

| (d) | mitigate

  minimise
  the impact of fishing gear on the ecosystem and the
  marine
  environment, with particular regard to the protection of biologically sensitive stocks and
  fragile
  habitats
  , especially those habitats identified as bio-geographically sensitive such as the seamounts around the outermost regions, the resources of which are to be exploited, by the local fleet, using selective and environmentally friendly fishing gear
  . [Am. 296] |
| --- | --- |

(d)

mitigate

  minimise
  the impact of fishing gear on the ecosystem and the
  marine
  environment, with particular regard to the protection of biologically sensitive stocks and
  fragile
  habitats
  , especially those habitats identified as bio-geographically sensitive such as the seamounts around the outermost regions, the resources of which are to be exploited, by the local fleet, using selective and environmentally friendly fishing gear
  . [Am. 296]

Article 14a

Avoidance and minimisation of unwanted catches

1.
     
  Before the introduction of the obligation to land all catches in the respective fishery in accordance with Article 15 , Member States shall, where necessary, conduct pilot projects, based on the best available scientific advice and taking into account the opinions of the relevant Advisory Councils, with the aim of fully exploring all practicable methods for the avoidance, minimisation and elimination of unwanted catches in a fishery. Those pilot projects shall, where appropriate, be conducted, by producer organisations. The results of such pilot projects shall be reflected in the multiannual plan of each fishery in the form of additional incentives to use the most selective gears and fishing methods available. Member States shall also produce a ‘discard atlas’ showing the level of discards in each of the fisheries covered by Article 15(1). That atlas shall be based on objective and representative data.

2.
     
  The Union shall provide financial support for the design and implementation of pilot projects introduced in accordance with paragraph 1, as well as for the use of selective gears in order to reduce unwanted and unauthorised catches. When adopting financial support measures, special consideration shall be given to fishermen who are subject to the obligation to land all catches and who operate in a mixed fishery. [Am. 118]

Article 15

Obligation to land
  and record
  all catches
  of harvested and regulated species

1.   All catches of the following fish stocks subject to catch limits caught

  harvested and regulated species caught in the following fisheries
  during fishing activities in Union waters or by Union fishing vessels outside Union waters shall be brought and retained on board the fishing vessels and recorded and landed, except when used as live bait, in accordance with the following timeframe:

| (a) | At the latest from 1 January 2014:






  — | small pelagic fisheries, i.e. fisheries for
  mackerel, herring, horse mackerel, blue whiting, boarfish, anchovy, argentine, sardinella, capelin

  sardine and sprat
  ; |
| --- | --- | --- |

(a)

At the latest from 1 January 2014:

—

small pelagic fisheries, i.e. fisheries for
  mackerel, herring, horse mackerel, blue whiting, boarfish, anchovy, argentine, sardinella, capelin

  sardine and sprat
  ;

| — | large pelagic fisheries, i.e. fisheries for
  bluefin tuna, swordfish, albacore tuna, bigeye tuna, other billfish; |
| --- | --- |

—

large pelagic fisheries, i.e. fisheries for
  bluefin tuna, swordfish, albacore tuna, bigeye tuna, other billfish;

| — | fisheries for industrial purposes, inter alia fisheries for capelin, sandeel and Norway pout; |
| --- | --- |

—

fisheries for industrial purposes, inter alia fisheries for capelin, sandeel and Norway pout;

| — | salmon in the Baltic Sea; |
| --- | --- |

—

salmon in the Baltic Sea;

| (b) | At the latest from 1 January 2015: cod, hake, sole;

  1 January 2016:








  — | the following fisheries in Union waters of the Northern Atlantic:




  The North Sea








  — | fisheries for cod, haddock, whiting and saithe; |
| --- | --- | --- | --- |

(b)

At the latest from 1 January 2015: cod, hake, sole;

  1 January 2016:

—

the following fisheries in Union waters of the Northern Atlantic:

The North Sea

—

fisheries for cod, haddock, whiting and saithe;

| — | fisheries for Norway lobster; |
| --- | --- |

—

fisheries for Norway lobster;

| — | fisheries for common sole and plaice; |
| --- | --- |

—

fisheries for common sole and plaice;

| — | fisheries for hake; |
| --- | --- |

—

fisheries for hake;

| — | fisheries for Northern prawn; |
| --- | --- |

—

fisheries for Northern prawn;

| — | other fisheries to be further analysed; |
| --- | --- |

—

other fisheries to be further analysed;

| — | fisheries in the Baltic Sea other than salmon fisheries; |
| --- | --- |

—

fisheries in the Baltic Sea other than salmon fisheries;

North Western waters

| — | fisheries for cod, haddock, whiting and saithe; |
| --- | --- |

—

fisheries for cod, haddock, whiting and saithe;

| — | fisheries for Norway lobster; |
| --- | --- |

—

fisheries for Norway lobster;

| — | fisheries for common sole and plaice; |
| --- | --- |

—

fisheries for common sole and plaice;

| — | fisheries for hake; |
| --- | --- |

—

fisheries for hake;

| — | other fisheries to be further analysed; |
| --- | --- |

—

other fisheries to be further analysed;

South Western waters

| — | fisheries for cod, haddock, whiting and saithe; |
| --- | --- |

—

fisheries for cod, haddock, whiting and saithe;

| — | fisheries for Norway lobster; |
| --- | --- |

—

fisheries for Norway lobster;

| — | fisheries for common sole and plaice; |
| --- | --- |

—

fisheries for common sole and plaice;

| — | fisheries for hake; |
| --- | --- |

—

fisheries for hake;

| — | other fisheries to be further analysed; |
| --- | --- |

—

other fisheries to be further analysed;

| (c) | At the latest from 1 January 2016: haddock, whiting, megrim, anglerfish, plaice, ling, saithe, pollack, lemon sole, turbot, brill, blue ling, black scabbard, roundnose grenadier, orange roughy, Greenland halibut, tusk, redfish and Mediterranean demersal stocks

  1 January 2017, fisheries not covered by paragraph 1(a) in Union waters and in non-Union waters
  . |
| --- | --- |

(c)

At the latest from 1 January 2016: haddock, whiting, megrim, anglerfish, plaice, ling, saithe, pollack, lemon sole, turbot, brill, blue ling, black scabbard, roundnose grenadier, orange roughy, Greenland halibut, tusk, redfish and Mediterranean demersal stocks

  1 January 2017, fisheries not covered by paragraph 1(a) in Union waters and in non-Union waters
  .

1a.
     
  Once an obligation to land all catches has been introduced in a fishery, all catches of species subject to that obligation shall be recorded and shall, where applicable be subtracted from the quota of the fishermen, producer organisation or collective management pool concerned, with the exception of species which may be released into the sea pursuant to paragraph 1b.

1b.
     
  The following species shall be excluded from the landing obligation laid down in paragraph 1:

| — | species captured to be used as live bait; |
| --- | --- |

—

species captured to be used as live bait;

| — | species which the available scientific information shows have a high catch survival rate, bearing in mind the nature of the fishing gear, the fishing practices and the circumstances in the fishing area. |
| --- | --- |

—

species which the available scientific information shows have a high catch survival rate, bearing in mind the nature of the fishing gear, the fishing practices and the circumstances in the fishing area.

1c.
     
  For the purpose of simplifying and harmonising the implementation of the obligation to land all catches and in order to avoid inappropriate disruptions of the target fisheries and to decrease the amount of unwanted catches, the multiannual plans referred to in Article 9 or specific legal acts of the Union on the implementation of the landing obligation or other legal acts of the Union shall, where appropriate, lay down

| (a) | a list of non-target species of low natural abundance which may be counted against the quota of the target species of that fishery where:








  — | the national yearly quota for this non-target species is completely utilised; |
| --- | --- | --- |

(a)

a list of non-target species of low natural abundance which may be counted against the quota of the target species of that fishery where:

—

the national yearly quota for this non-target species is completely utilised;

| — | the accumulated catches of the non-target species do not exceed a 3 % share of the overall catch of the target species; and |
| --- | --- |

—

the accumulated catches of the non-target species do not exceed a 3 % share of the overall catch of the target species; and

| — | the stock of the non-target species is within safe biological limits; |
| --- | --- |

—

the stock of the non-target species is within safe biological limits;

| (b) | rules on incentives to discourage the catching of juvenile fish, including increases in the quota shares to be deducted from a fisherman's quota in the event of catching juveniles. |
| --- | --- |

(b)

rules on incentives to discourage the catching of juvenile fish, including increases in the quota shares to be deducted from a fisherman's quota in the event of catching juveniles.

2.   Minimum conservation reference sizes Based on the best available and most
  accurate and up-to-date
  scientific advice
  and, where necessary, in order to protect juveniles by discouraging fishermen from deliberately fishing for them, minimum conservation reference sizes, reflecting the age and size for first reproduction
  shall be established, for the fish stocks
  which are subject to the obligation to land all catches
  set out in paragraph 1. The sale of Catches of such fish stocks below the minimum conservation reference size shall be restricted for reduction to
  uses other than human consumption, such as
  fish meal or

  , fish oil,
  pet food only

  or bait
  .
  The Member State concerned may also allow such fish to be donated for welfare or charitable purposes.

3.   
  For stocks subject to a landing obligation, Member States may make use of a year-to-year margin of flexibility of up to 5 % of their permitted landings, without prejudice to higher flexibility rates established in specific legislation.
  Marketing standards
  and marketing rules
  for catches of fish caught in excess of fixed fishing opportunities shall

  may
  be established in accordance with Article 27

  39
  of Regulation (EU) No .../2013 of the European Parliament and of the Council of ... on the common organisation of the markets in fishery and aquaculture products (27)
   (**).

4.   Member States shall ensure that Union fishing vessels flying their flag are equipped to ensure full documentation of all fishing and processing activities for the purpose of monitoring compliance with the obligation to land all catches.
  In doing so, Member States shall respect the principle of efficiency and proportionality.

5.   Paragraph 1 shall be without prejudice to international obligations.

6.   The Commission shall be empowered to adopt delegated acts in accordance with Article 55 to specify

  laying down
  the measures set out in paragraph 1 for the purpose of complying with the Union's international obligations. [Am. 119]

Article 16

Fishing opportunities

1.   
  When fixing and allocating fishing opportunities, the Council shall act in accordance with Articles 2, 9, 10 and 11, applying a long-term perspective and following the best available scientific advice.
  Fishing opportunities allocated to

  shall be distributed among
  Member States shall

  in such a way as to
  ensure each Member State

  , for each of them,
  relative stability of fishing activities for each fish stock or fishery. The interests of each Member State shall be taken into account when new fishing opportunities are allocated.

The Council shall establish the fishing opportunities available to third countries in Union waters and allocate those opportunities to these third countries.

The allocation of fishing opportunities to a Member State or a third country shall be conditional upon its compliance with the rules of the Common Fisheries Policy.

1a.
     
  When deciding on quota allocations each year, the Council shall take full account of regions where local communities are especially dependent on fisheries and related activities as decided by the Council in its Resolution of 3 November 1976, on certain external aspects of the creation of a 200-mile fishing zone in the Community with effect from 1 January 1977, and in particular Annex VII thereto.

2.   By-catch fishing opportunities may be reserved under the total fishing opportunities.

3.   Fishing opportunities shall comply with quantifiable
  catch
  targets, time frames and margins established
  in multiannual plans
  in accordance with Article 9(2) and 11(b), (c) and (h).
  If no corresponding multiannual plan has been adopted for a commercially used fish stock, the Council shall ensure that, by 2015, total allowable catches (TACs) are set at levels that should allow fish stocks to recover, by 2020 at the latest, above levels that are capable of producing the maximum sustainable yield and that should allow all recovered stocks to be maintained at these levels.

3a.
     
  Delegations from the European Parliament and from the Advisory Councils shall be present when the Council adopts decisions on establishing fishing opportunities.

3b.
     
  Where, for given stocks, it is not possible, owing to a lack of data, to determine exploitation rates that are consistent with the maximum sustainable yield:

| (i) | the precautionary approach shall be applied to fisheries management; |
| --- | --- |

(i)

the precautionary approach shall be applied to fisheries management;

| (ii) | proxy standards shall be adopted on the basis of the methodologies set out in points 3.1 and 3.2 of Part B of the Annex to Commission Decision 2010/477/EU of 1 September 2010 on criteria and methodological standards on good environmental status of marine waters

   (28)

  , and fishing mortality shall be further reduced in accordance with the precautionary principle, or kept stable in cases where there are indications that the stock status is satisfactory; |
| --- | --- |

(ii)

proxy standards shall be adopted on the basis of the methodologies set out in points 3.1 and 3.2 of Part B of the Annex to Commission Decision 2010/477/EU of 1 September 2010 on criteria and methodological standards on good environmental status of marine waters

   (28)

  , and fishing mortality shall be further reduced in accordance with the precautionary principle, or kept stable in cases where there are indications that the stock status is satisfactory;

| (iii) | the Commission and the Member States shall evaluate the obstacles to research and to the acquisition of knowledge and shall take steps to enable additional stock and ecosystem data to be supplied without delay. |
| --- | --- |

(iii)

the Commission and the Member States shall evaluate the obstacles to research and to the acquisition of knowledge and shall take steps to enable additional stock and ecosystem data to be supplied without delay.

3c.
     
  Each Member State shall decide on the method to be used for allocating the fishing opportunities assigned to it, to vessels flying its flag, in accordance with Union law. It shall inform the Commission of that allocation method.

4.   Member States may, after notifying the Commission, exchange all or part of the fishing opportunities allocated to them.

4a.
     
  Where, as a result of an assessment pursuant to Article 19 or Article 23, the Commission concludes that a Member State has failed to adopt appropriate measures in accordance with Articles 17
  —
  24, this shall result in deductions in the following year or years from fishing opportunities allocated by the Union to that Member State and in the interruption or suspension of payments to that Member State or in the application of a financial correction to Union financial assistance under the Common Fisheries Policy pursuant to Article 50. Such measures shall be proportionate to the nature, extent, duration and repetition of the non compliance.

4b.
     
  The Commission shall present to the European Parliament and to the Council an annual report assessing whether current fishing opportunities are proving effective in restoring and maintaining populations of harvested species at levels above those which can produce the target laid down in Article 2(2). [Ams 120, 264, 293 and 301]

Article 16a

Criteria for Member States' allocation of fishing opportunities

When allocating the fishing opportunities available to them as referred to in Article 16, Member States shall use transparent and objective environmental and social criteria, such as the impact of the fishery on the environment, the history of compliance and the contribution to the local economy. Other criteria such as historic catch levels may also be used. Within the fishing opportunities assigned to them, Member States shall provide incentives to fishing vessels deploying selective fishing gear or using fishing techniques with reduced environmental impact, such as reduced energy consumption or habitat damage. [Am. 227]

TITLE III

REGIONALISATION

CHAPTER I

MULTIANNUAL PLANS

Article 17

Conservation measures adopted in accordance with multiannual plans

1.   In a multiannual plan established pursuant to Articles 9, 10 and 11 Member States may

  sharing the fishery concerned shall
  be authorised
  , following the procedures outlined in this Article,
  to adopt measures, in accordance with that multiannual plan, which specify the conservation measures applicable to vessels flying their flagin relation to stocks in Union waters for which they have been allocated fishing opportunities.

2.   Member States shall ensure that conservation measures adopted pursuant to paragraph 1:

| (a) | are compatible with the objectives set out in Articles 2 and 3
  , and with the principles of good governance set out in Article 4
  ; |
| --- | --- |

(a)

are compatible with the objectives set out in Articles 2 and 3
  , and with the principles of good governance set out in Article 4
  ;

| (b) | are compatible with the scope and objectives of the multiannual plan; |
| --- | --- |

(b)

are compatible with the scope and objectives of the multiannual plan;

| (c) | meet the objectives and quantifiable targets set out in a multiannual plan effectively
  within the timetable specified
  ; and |
| --- | --- |

(c)

meet the objectives and quantifiable targets set out in a multiannual plan effectively
  within the timetable specified
  ; and

| (d) | are no less stringent than those existing in Union legislation. |
| --- | --- |

(d)

are no less stringent than those existing in Union legislation.

2a.
     
  Member States shall cooperate with one another to ensure that compatible measures are adopted that will meet the objectives set out in multiannual plans and shall coordinate the implementation of those measures with one another. To this end, Member States shall, where practical and appropriate, use existing regional institutional cooperation structures and mechanisms, including those under the Regional Sea Conventions that cover the relevant area or fishery.

Coordination efforts by Member States sharing a fishery shall be eligible for funding under the European Maritime and Fisheries Fund (EMFF), in accordance with Regulation (EU) No .../2013 of the European Parliament and of the Council of ... on the European Maritime and Fisheries Fund

   (29)
   (***).

2b.
     
  Member States shall consult the relevant Advisory Councils as well as ICES and/or STECF by sending them a draft of the measures to be adopted, accompanied by an explanatory memorandum. At the same time, such drafts shall be notified to the Commission and to those other Member States sharing the fishery. Member States shall make every effort to involve in this consultation, at an early stage and in an open and transparent manner, other relevant stakeholders of the fishery concerned, in order to identify the views and proposals of all the relevant parties during the preparation of the measures envisaged.

Member States shall make available to the public summaries of the draft conservation measures which they propose to enact.

2c.
     
  Member States shall duly take into account the opinions submitted by the relevant Advisory Councils, by ICES and/or by STECF and, where the final measures adopted diverge from these opinions, shall state detailed reasons why they diverge.

2d.
     
  Where Member States wish to amend the adopted measures, paragraphs 2
  —
  2c shall also apply.

2e.
     
  The Commission shall adopt guidelines setting out the details of the procedure to be followed for the application of paragraphs 2a, 2b and 2c, in order to ensure that the adopted measures are coherent, coordinated at regional level and comply with the established multiannual plans. These guidelines may also identify or establish administrative frameworks, such as Regional Fisheries Working Groups, in order to organise, on a practical level, the cooperation between the Member States, notably with a view to promoting and facilitating the adoption of the measures by each of the Member States.

2f.
     
  Member States sharing a fishery may agree and cooperate to implement joint measures under the multiannual plans adopted prior to 2014, in accordance with the procedure set out in Article 25.

2 g.
     
  For fisheries conducted entirely within waters under the sovereignty and jurisdiction of a single Member State, the Member State concerned shall create one or more co-management committees including all relevant stakeholders. Such committees shall be consulted concerning the measures to be adopted. If the Member State intends to deviate in any way from the advice it receives from such committees it shall publish an assessment outlining in detail its reasons for deviating from the advice. [Am. 121]

Article 18

Notification of Member State conservation measures

Member States adopting conservation measures pursuant to Article 17(1) shall
  publish them and
  notify the Commission, other interested Member States and relevant Advisory Councils of such measures

  thereof
  . [Am. 122]

Article 19

Assessment

1.
     The Commission may at any time assess the compatibility and effectiveness of conservation measures adopted by Member States pursuant to Article 17(1)

  and shall, in any event, assess, and report on, those issues not less than once every three years or as may be required by the relevant multiannual plan
  .
  The assessment shall be based on the best available scientific advice
  .

In accordance with Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (Inspire)

   (30)

  and in order to assist the Commission in its implementation of the Common Fisheries Policy, Member States shall provide the Commission with access and user rights in respect of the material prepared, and the data used, in connection with the formulation and enactment of national conservation measures, adopted pursuant to Article 17.

With regard to access to environmental information, Directive 2003/4/EC

   (31)

  and Regulations (EC) No 1049/2001

   (32)

  and (EC) No 1367/2006

   (33)

  shall apply. [Am. 123]

1a.
     
  The Commission shall publish any assessments carried out according to this Article, and shall make this information publicly available by publishing it on appropriate websites or by providing a direct hyperlink to it. With regard to access to environmental information, Regulations (EC) No 1049/2001 and (EC) No 1367/2006 shall apply. [Am. 124]

Article 20

Default conservation measures adopted in the framework of multiannual plans

1.   The Commission shall be empowered to adopt delegated acts in accordance with Article 55 to specify the conservation measures for fisheries covered by a multiannual plan, if the Member States authorised to take measures in accordance with Article 17 do not notify such measures to the Commission within three

  the period provided for in the multiannual plan or, failing that, within six
  months after the date of entry into force of the multiannual plan.

2.   
  Where
  the Commission shall be empowered to adopt delegated acts in accordance with Article 55 to specify conservation measures for fisheries covered by a multiannual plan, if

  is of the opinion that

| (a) | Member State measures are deemed not to be compatible with the objectives of a multiannual plan on the basis of an assessment carried out pursuant to Article 19 or |
| --- | --- |

(a)

Member State measures are deemed not to be compatible with the objectives of a multiannual plan on the basis of an assessment carried out pursuant to Article 19 or

| (b) | Member State measures are deemed

  do
  not to meet the objectives and quantifiable targets set out in multiannual plans effectively, on the basis of an assessment carried out pursuant to Article 19, or |
| --- | --- |

(b)

Member State measures are deemed

  do
  not to meet the objectives and quantifiable targets set out in multiannual plans effectively, on the basis of an assessment carried out pursuant to Article 19, or

| (c) | safeguards established in accordance with Article 11(i) are triggered, |
| --- | --- |

(c)

safeguards established in accordance with Article 11(i) are triggered,

it shall notify the Member State concerned, stating its reasons
  .

2a.
     
  In the event of the Commission delivering an opinion pursuant to paragraph 2, the Member State concerned shall have three months in which to modify its measures in order to make them compatible with the objectives of the multiannual plan and in which to meet those objectives.

2b.
     
  In the event of a Member State failing to modify its measures pursuant to paragraph 2a, the Commission shall be empowered to adopt delegated acts in accordance with Article 55 establishing conservation measures for the fisheries covered by the multiannual plan.

3.   The conservation measures adopted by the Commission shall aim at ensuring that the objectives and targets set out in the multiannual plan are met. Upon the adoption of the delegated act by the Commission, the Member State measures shall cease to be effective.

3a.
     
  Prior to adopting the delegated acts referred to in this Article, the Commission shall consult the relevant Advisory Councils as well as ICES and/or STECF on a draft of the measures to be adopted, accompanied by an explanatory memorandum. [Am. 125]

CHAPTER II

TECHNICAL MEASURES

Article 21

Technical measures

1.
     In a technical measures framework established pursuant to Article 14 Member States may

  shall
  be authorised

  empowered
  to adopt measures, in accordance with that framework, which specify the technical measures applicable to vessels flying their flag in relation to stocks in their

  Union
  waters for which they have been allocated fishing opportunities. Member States shall ensure that such technical measures:

| (a) | are compatible with the objectives set out in Articles 2 and 3; |
| --- | --- |

(a)

are compatible with the objectives set out in Articles 2 and 3;

| (b) | are compatible with the objectives set out in measures adopted in accordance with Article 14; |
| --- | --- |

(b)

are compatible with the objectives set out in measures adopted in accordance with Article 14;

| (c) | meet the objectives set out in measures adopted in accordance with Article 14 effectively; and |
| --- | --- |

(c)

meet the objectives set out in measures adopted in accordance with Article 14 effectively; and

| (d) | do not conflict with and
  are no less stringent than those existing in Union legislation. |
| --- | --- |

(d)

do not conflict with and
  are no less stringent than those existing in Union legislation.

1a.
     
  Member States shall cooperate with one another to ensure that compatible measures are adopted to achieve the objectives set out in technical measures frameworks and shall coordinate the implementation of these measures with one another. To this end, Member States shall, where practical and appropriate, use existing regional institutional cooperation structures and mechanisms, including those under the Regional Sea Conventions that cover the relevant area or fishery.

1b.
     
  Member States shall consult the relevant Advisory Councils as well as ICES and/or STECF on a draft of the measures to be adopted, accompanied by an explanatory memorandum. At the same time, such drafts shall be notified to the Commission and to those other Members States sharing the fishery. Member States shall make every effort to involve in this consultation, at an early stage and in an open and transparent manner, other relevant stakeholders of the fishery concerned, in order to identify the views and proposals of all the relevant parties during the preparation of the measures envisaged.

1c.
     
  Member States shall duly take into account the opinions submitted by the relevant Advisory Councils, by ICES and/or by STECF and, where the final measures adopted diverge from these opinions, shall provide detailed explanations of the reasons why they diverge.

1d.
     
  Where Member States wish to amend the adopted measures, paragraphs 1a, 1b and 1c shall also apply.

1e.
     
  The Commission shall adopt guidelines setting out the details of the procedure to be followed for the application of paragraphs 1a, 1 b and 1c, in order to ensure that the adopted measures are coherent, coordinated at regional level and comply with the established technical measures framework. These guidelines may also identify or establish administrative frameworks, such as Regional Fisheries Working Groups in order to organise on a practical level the cooperation between the Member States, notably with a view to promoting and facilitating the adoption of the measures by each of the Member States. [Am. 126]

Article 22

Notification of Member State technical measures

Member States adopting technical measures pursuant to Article 21 shall
  publish them and
  notify the Commission, other interested Member States and relevant Advisory Councils of such measures. [Am. 127]

Article 23

Assessment

1.
     The Commission may at any time assess the compatibility and effectiveness of technical measures adopted by Member States pursuant to Article 21
  and shall, in any event, assess and report on the same at least once every three years or as may be required by the relevant technical measures framework
  .

1a.
     
  In accordance with Directive 2007/2/EC and in order to assist the Commission in its implementation of the Common Fisheries Policy, Member States shall provide the Commission with access and user rights in respect of the material prepared, and the data used, in connection with the formulation and enactment of technical measures pursuant to Article 21.

With regard to access to environmental information, Directive 2003/4/EC and Regulations (EC) No 1049/2001 and (EC) No 1367/2006 shall apply. [Am. 128]

1b.
     
  The Commission shall publish any assessments carried out according to this Article, and shall make this information publicly available by publishing it on appropriate websites or by providing a direct hyperlink to it. With regard to access to environmental information, Regulations (EC) No 1049/2001 and (EC) No 1367/2006 shall apply. [Am. 129]

Article 24

Default measures adopted under a technical measures' framework

1.   The Commission shall be empowered to adopt delegated acts in accordance with Article 55 to specify the technical measures covered by a technical measures framework, if the Member States authorised to take measures in accordance with Article 21 do not notify such measures to the Commission within three

  the period provided for in the technical measures framework or, failing that, within six
  months after the date of entry into force of the technical measures framework.

2.   
  Where
  the Commission shall be empowered to adopt delegated acts in accordance with Article 55 to specify technical measures, if

  is of the opinion that
  Member State measures are deemed on the basis of an assessment carried out pursuant to Article 23:

| (a) | are
  not to be compatible with the objectives set out in a technical measures framework or |
| --- | --- |

(a)

are
  not to be compatible with the objectives set out in a technical measures framework or

| (b) | do
  not to meet the objectives set out in such a technical measures framework effectively, |
| --- | --- |

(b)

do
  not to meet the objectives set out in such a technical measures framework effectively,

it shall notify the Member State concerned, stating its reasons
  .

2a.
     
  In the event of the Commission delivering an opinion pursuant to paragraph 2, the Member State concerned shall have three months in which to modify its measures in order to make them compatible with the objectives of the technical measures framework and in which to meet those objectives.

2b.
     
  In the event of a Member State failing to modify its measures pursuant to paragraph 2a, the Commission shall be empowered to adopt delegated acts in accordance with Article 55, establishing technical measures covered by the technical measures framework.

3.   The technical measures adopted by the Commission shall aim at ensuring that the objectives of the technical measures framework are met. Upon the adoption of the delegated act by the Commission, the Member State measures shall cease to be effective.

3a.
     
  Prior to adopting the delegated acts referred to in this Article, the Commission shall consult the relevant Advisory Councils as well as ICES and STECF on a draft of the measures to be adopted accompanied by an explanatory memorandum. [Am. 130]

TITLE IV

NATIONAL MEASURES

Article 25

Member States' measures applicable solely to fishing vessels flying their flag

1.
     A Member State may adopt measures for the conservation of fish stocks in Union waters provided that those measures:

| (a) | apply solely to fishing

  all
  vessels flying the flag of that Member State or, in the case of fishing activities which are not conducted by a fishing vessel, to persons established in the territory

  operating in relation to stocks in their waters for which they have been allocated fishing opportunities
  ; [Am. 131] |
| --- | --- |

(a)

apply solely to fishing

  all
  vessels flying the flag of that Member State or, in the case of fishing activities which are not conducted by a fishing vessel, to persons established in the territory

  operating in relation to stocks in their waters for which they have been allocated fishing opportunities
  ; [Am. 131]

| (b) | are compatible with the objectives set out in Articles 2 and 3; and |
| --- | --- |

(b)

are compatible with the objectives set out in Articles 2 and 3; and

| (c) | are no less stringent than those in existing Union legislation. |
| --- | --- |

(c)

are no less stringent than those in existing Union legislation.

1a.
     
  The Member State shall, for control purposes, inform the other Member States concerned of provisions adopted pursuant to paragraph 1. [Am. 132]

1b.
     
  Member States shall make publicly available the information related to the measures adopted in accordance with this Article. [Am. 133]

Article 26

Member State measures within the 12 nautical mile zone

1.   A Member State may take non-discriminatory measures for the conservation and management of fish stocks and to minimise the effect

  to meet targets relating to other living aquatic resources and the maintenance or improvement
  of fishing on the conservation
  status
  of marine eco-systems within 12 nautical miles of its baselines provided that the Union has not adopted measures addressing conservation and management specifically for that area
  or specifically addressing the problem identified by the Member State in question
  . The Member State measures shall be compatible with the objectives set out in Articles 2 and 3 and no less stringent than those in existing Union legislation. [Am. 134]

2.   Where conservation and management measures to be adopted by a Member State are liable to affect fishing vessels of other Member States, such measures shall be adopted only after consulting

  notifying
  the Commission, the relevant Member States and relevant Advisory Councils on a draft of the measures accompanied by an explanatory memorandum
  that shall also demonstrate that those measures are non-discriminatory
  . [Am. 135]

2a.
     
  Member States shall make publicly available the information related to the measures adopted in accordance with this Article. [Am. 136]

PART IV

ACCESS TO RESOURCES

Article 27

Establishment of systems of transferable fishing concessions

1.   Each Member State shall establish a system of transferable fishing concessions no later than 31 December 2013 for

| (a) | all fishing vessels of 12 meters length over all or more; and |
| --- | --- |

(a)

all fishing vessels of 12 meters length over all or more; and

| (b) | all fishing vessels under 12 meters length overall fishing with towed gear. |
| --- | --- |

(b)

all fishing vessels under 12 meters length overall fishing with towed gear.

2.   Member States may extend the system of transferable fishing concessions to fishing vessels of less than 12 meters length overall and deploying other types of gear than towed gear and shall inform the Commission thereof.

Article 28

Allocation of transferable fishing concessions

1.   A transferable fishing concession shall establish an entitlement to use the individual fishing opportunities allocated in accordance with Article 29(1).

2.   Each Member State shall allocate transferable fishing concessions on the basis of transparent criteria, for each stock or group of stocks for which fishing opportunities are allocated in accordance with Article 16, excluding fishing opportunities obtained under sustainable fisheries agreements.

3.   For the allocation of transferable fishing concessions pertaining to mixed fisheries, Member States shall take account of the likely catch composition of vessels participating in such fisheries.

4.   Transferable fishing concessions may only be allocated by a Member State to an owner of a fishing vessel flying the flag of that Member State, or to legal or natural persons for the purpose of being used on such a vessel. Transferable fishing concessions may be pooled together for collective management by legal or natural persons or recognized producer organisations. Member States may limit eligibility for receiving transferable fishing concessions on the basis of transparent and objective criteria.

5.   Member States may limit the period of validity of transferable fishing concessions to a period of at least 15 years, for the purpose of reallocating such concessions. Where Member States have not limited the period of validity of the transferable fishing concessions, they may recall such concessions with a notice of at least 15 years.

6.   Member States may recall transferable fishing concessions with a shorter notice in the event of an established serious infringement committed by the holder of the concessions. Such recalls shall be operated in a manner which gives full effect to the Common Fisheries Policy, the proportionality principle and, whenever necessary, with immediate effect.

7.   Notwithstanding paragraph 5 and 6, Member States may recall transferable fishing concessions that have not been used on a fishing vessel for a period of three consecutive years.

Article 29

Allocation of individual fishing opportunities

1.   Member States shall allocate individual fishing opportunities to holders of transferable fishing concessions, as referred to in Article 28, on the basis of fishing opportunities allocated to the Member States, or established in management plans adopted by Member States in accordance with Article 19 of Regulation (EC) No 1967/2006.

2.   Member States shall determine fishing opportunities that, based on the best available scientific advice, can be allocated to fishing vessels flying their flag for species for which the Council has not fixed fishing opportunities.

3.   Fishing vessels shall undertake fishing activities only when in possession of sufficient individual fishing opportunities to cover all their potential catch.

4.   Member States may reserve up to 5 % of fishing opportunities. They shall establish objectives and transparent criteria for the allocation of such reserved fishing opportunities. Those fishing opportunities may only be allocated to eligible holders of transferable fishing concessions as set out in Article 28(4).

5.   When allocating transferable fishing concessions in accordance with Article 28 and when allocating fishing opportunities in accordance with paragraph 1 of this Article, a Member State may provide incentives to fishing vessels deploying selective fishing gear that eliminates unwanted by-catch within the fishing opportunities assigned to that Member State.

6.   Member States may set fees for the use of individual fishing opportunities to contribute to fisheries management-related costs.

Article 30

Register of transferable fishing concessions and individual fishing opportunities

Member States shall establish and maintain a register of transferable fishing concessions and individual fishing opportunities.

Article 31

Transfer of transferable fishing concessions

1.   Transferable fishing concessions may be fully or partially transferred within a Member State among eligible holders of such concessions.

2.   A Member State may authorise transfer of transferable fishing concessions to and from other Member States.

3.   Member States may regulate the transfer of transferable fishing concessions by providing for conditions for their transfer on the basis of transparent and objective criteria.

Article 32

Leasing of individual fishing opportunities

1.   Individual fishing opportunities may be fully or partially leased within a Member State.

2.   A Member State may authorise the leasing of individual fishing opportunities to and from other Member States.

Article 33

Allocation of fishing opportunities not subject to a system of transferable fishing concessions

1.   Each Member State shall decide how fishing opportunities assigned to it in accordance with Article 16, and which are not subject to a system of transferable fishing concessions, may be allocated to vessels flying its flag. It shall inform the Commission of the allocation method.
  [Am. 137]

PART V

MANAGEMENT OF FISHING CAPACITY

Article 34

Adjustment of fishing capacity

1.   Member States shall,
  where necessary,
  put in place measures to adjust the fishing capacity of their fleets in order to achieve an effective

  , with the objective of achieving


  a stable and enduring
  balance between such

  their
  fishing capacity and their fishing opportunities
  , in accordance with the general objectives set out in Article 2
  .

1a.
     
  In order to achieve the objective set out in paragraph 1, Member States shall conduct annual capacity assessments, the results of which they shall transmit to the Commission by 30 May of each year. Capacity assessments shall include an analysis of the total fleet capacity per fishery and fleet segment at the time of assessment, and its impact on stocks and the wider marine ecosystem. Capacity assessments shall also include an analysis of the long-term profitability of the fleet. To ensure a common approach to such assessments across all Member States, assessments shall be carried out in accordance with the Commission's guidelines on an improved analysis of the balance between fleet capacity and fishing opportunities and shall also take into consideration the profitability of the fleet. The assessments shall be made publicly available.

1b.
     
  If the assessment shows that there is a discrepancy between its fishing capacity and its fishing opportunities, a Member State shall within a year after that assessment adopt a detailed programme, which shall include a binding timetable, setting out any adjustment of the fishing capacity of their fleets in terms of vessel numbers and characteristics that is necessary in order to achieve a stable and enduring balance between their fishing capacity and their fishing opportunities. It shall transmit this programme to the European Parliament, to the Commission and to the other Member States.

1c.
     
  If no such assessment is provided, if a Member State is required to adopt a programme to reduce capacity and fails to do so, or if the Member State fails to implement such a programme, this will result in the interruption of Union financial assistance to that Member State under the Common Fisheries Policy.

In the last resort, if the performance of any one of the steps referred to in the first subparagraph is delayed by two or more years, the Commission may suspend the fishing opportunities of the fleet segments concerned.

2.   No exit from the fleet supported by public aid granted under the framework of the European Fisheries Fund for the 2007-2013 programming period shall be permitted unless preceded by the withdrawal of the fishing licence and the fishing authorisations.

3.   The fishing capacity corresponding to the fishing vessels withdrawn with public aid shall not be replaced.

4.   Member States shall ensure that from 1 January 2013 the fishing capacity of their fleet does not exceed at any time the fishing capacity ceilings established in accordance with Article 35.

4a.
     
  In order to be entitled to a fishing licence or authorisation, Union vessels shall hold a valid engine certificate, issued in accordance with Regulation (EC) No 1224/2009. [Ams 138 and 241]

Article 34a

Entry/exit scheme

Member States shall manage entries into their fleets and exits from their fleets in such a way that the entry into the fleet of new capacity without public aid is compensated by the previous withdrawal without public aid of at least the same amount of capacity
  . [Am. 139]

Article 35

Management of fishing capacity

1.   Each Member State fleet shall be
  strictly
  subject to fishing capacity ceilings as set out in Annex II.

2.   Member States may request the Commission to exclude fishing vessels subject to a system of transferable fishing concessions established in accordance with Article 27 from the fishing capacity ceilings established in accordance with paragraph 1. In that case the fishing capacity ceilings shall be re-calculated to take into account the fishing vessels which are not subject to a system of transferable fishing concessions.

  By 31 December ...

   (****)

  , the Commission shall submit a proposal to the European Parliament and the Council to amend Annex II to this Regulation and Regulation (EEC) No 2930/86 in order to define fishing capacity with regard to any measurable parameter of a vessel that might affect its ability to catch fish.

This new definition shall take into account social and economic criteria as well as control efforts undertaken by Member States. In such proposal the fleet capacity of each Member State shall be broken down by fleet segments, including a specific breakdown for vessels operating in the outermost regions and for vessels operating exclusively outside Union waters.

3.   The Commission shall be empowered to adopt delegated acts in accordance with Article 55 concerning the re-calculation of the fishing capacity ceilings as referred to in paragraphs 1 and 2.
  [Am. 140]

Article 36

Fishing fleet registers

1.   Member States shall record the information on
  ownership,


  vessel and gear
  characteristics and
  on the
  activity for

  of
  Union fishing vessels flying their flag that is necessary for the management of measures established under this Regulation
  and shall publish this information, while ensuring that personal data is adequately protected
  .

2.   Member States shall make available

  submit
  to the Commission the information referred to in paragraph 1.

3.   The Commission shall set up a Union fishing fleet register containing the information that it receives pursuant paragraph 2.

4.   The information contained in the Union fishing fleet register shall be made available to all Member States
  and to the European Parliament
  . The Commission shall be empowered to adopt delegated acts in accordance with Article 55 concerning the definition of the information referred to in paragraph 1.

5.   The Commission shall establish

  adopt implementing acts, establishing
  technical operational requirements for the modalities for transmission of the information referred to in paragraphs 2, 3 and 4. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56
  (2)
  . [Am. 141]

PART VI

SCIENCE BASE FOR FISHERIES MANAGEMENT

Article 37

Data requirements for fisheries management

1.   
  The conservation, management and sustainable exploitation of marine biological resources must be based on the best information available. To this end,
  Member States shall collect biological, technical, environmental and socio-economic data necessary for ecosystem based fisheries management, manage them and make them available to end users of scientific data, including bodies designated by the Commission.
  The Union shall make a financial contribution, via the EMFF, that is sufficient to finance the acquisition of these data.

  Those

  The
  data shall in particular enable the assessment of: [Am. 142]

| (a) | the
  current
  state of exploited marine biological resources, [Am. 143] |
| --- | --- |

(a)

the
  current
  state of exploited marine biological resources, [Am. 143]

| (b) | the level of fishing
  , with a clear distinction being made between industrial and non-industrial fisheries,
  and the impact that fishing activities have on the marine biological resources and on the marine eco-systems, and [Am. 224] |
| --- | --- |

(b)

the level of fishing
  , with a clear distinction being made between industrial and non-industrial fisheries,
  and the impact that fishing activities have on the marine biological resources and on the marine eco-systems, and [Am. 224]

| (c) | the
  current
  socio-economic performance of the fisheries, aquaculture and processing sectors within and outside Union waters. [Am. 144] |
| --- | --- |

(c)

the
  current
  socio-economic performance of the fisheries, aquaculture and processing sectors within and outside Union waters. [Am. 144]

2.   Member States shall:

| (a) | ensure that the collected data are accurate and, reliable
  and comprehensive, and that they are collected in a timely manner and in a harmonised way in all Member States
  ; [Am. 145] |
| --- | --- |

(a)

ensure that the collected data are accurate and, reliable
  and comprehensive, and that they are collected in a timely manner and in a harmonised way in all Member States
  ; [Am. 145]

| (aa) | ensure that the scientific data and methodologies take factors such as acidification and sea temperatures into consideration when collecting data, thereby ensuring that data is gathered from different regions throughout the year; [Am. 146] |
| --- | --- |

(aa)

ensure that the scientific data and methodologies take factors such as acidification and sea temperatures into consideration when collecting data, thereby ensuring that data is gathered from different regions throughout the year; [Am. 146]

| (b) | avoid

  set up coordination mechanisms with a view to avoiding
  duplication of data collection for different purposes; [Am. 147] |
| --- | --- |

(b)

avoid

  set up coordination mechanisms with a view to avoiding
  duplication of data collection for different purposes; [Am. 147]

| (c) | ensure safe storage of collected data and where applicable appropriate protection and confidentiality of collected data

  , making it publicly available, save in exceptional circumstances, where appropriate protection and confidentiality are required, and on the condition that the reasons for such restrictions are declared
  ; [Am. 148] |
| --- | --- |

(c)

ensure safe storage of collected data and where applicable appropriate protection and confidentiality of collected data

  , making it publicly available, save in exceptional circumstances, where appropriate protection and confidentiality are required, and on the condition that the reasons for such restrictions are declared
  ; [Am. 148]

| (d) | ensure that the Commission, or bodies designated by it, have access to
  all
  the national databases and systems used for processing the collected data for the purpose of verification of the existence and quality of the data; [Am. 149] |
| --- | --- |

(d)

ensure that the Commission, or bodies designated by it, have access to
  all
  the national databases and systems used for processing the collected data for the purpose of verification of the existence and quality of the data; [Am. 149]

| (da) | make available to interested parties the relevant data and the respective methodologies by which they are obtained, while taking into account any complementary data which may be provided by such parties. [Am. 150] |
| --- | --- |

(da)

make available to interested parties the relevant data and the respective methodologies by which they are obtained, while taking into account any complementary data which may be provided by such parties. [Am. 150]

2a.
     
  Member States shall submit annually to the Commission a summary report listing the fisheries for which it is required to collect data and indicating, for each category and case, whether the requirement has been met. The summary report shall be made publicly available. [Am. 151]

3.   Member States shall ensure the national coordination of the collection and management of scientific data for fisheries management
  , including socio-economic data
  . To this end, they shall designate a national correspondent and organize an annual national coordination meeting. The
  European Parliament and the
  Commission shall be informed of the national coordination activities and be invited to the coordination meetings. [Am. 152]

4.   Member States
  , in close cooperation with the Commission,
  shall coordinate their data collection activities with other Member States in the same region, and make every effort to coordinate their actions with third countries having sovereignty or jurisdiction over waters in the same region. [Am. 153]

5.   The collection, management and use of data shall be done in the framework of a multi-annual programme as of 2014. Such a multi-annual programme shall include targets for the precision of the data to be collected, and aggregation levels for the collection, management and use of such data.

6.   The Commission shall be empowered to adopt delegated acts in accordance with Article 55, to specify the targets for the precision of the data to be collected and to define the aggregation levels for the collection, management and use of such data, for the multi-annual programme referred to in paragraph 5
  , and to ensure the coordination between Member States of the collection and presentation of data
  . [Am. 154]

7.   The Commission shall establish technical operational requirements for the modalities of transmission of the data collected. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56.

7a.
     
  Failure by a Member State to comply with the data collection requirements shall result in the withdrawal of public aid and the subsequent imposition of additional penalties by the Commission. [Am. 155]

Article 37a

Consulting scientific bodies

The Commission shall consult appropriate scientific bodies at regular intervals on matters pertaining to the conservation and management of fisheries resources, including biological, economic, environmental, social and technical considerations, while taking into account the proper management of public funds, with the aim of avoiding duplication of work by different scientific bodies. [Am. 156]

Article 38

Research programs

1.   Member States shall adopt national fisheries
  and aquaculture
  scientific data collection, research and innovation programs. They shall coordinate their fisheries data collection, research and innovation activities with other Member States and

  , in the context of the
  Union research and innovation frameworks
  , in close cooperation with the Commission and involving, where appropriate, the relevant Advisory Councils. The Union shall ensure adequate funding for these programmes, under the available research and fisheries instruments
  . [Ams 157 and 285]

2.   Member States shall,
  with the involvement of the relevant scientific stakeholders,
  ensure availability of relevant competences and human resources to be involved in the scientific advisory process. [Am. 158]

2a.
     
  Member States shall submit annual reports to the Commission on the progress of implementation of national fisheries scientific data collection, research and innovation programmes. [Am. 159]

2b.
     
  The research programme findings shall be made available to the European scientific community as a whole. [Am. 160]

PART VII

EXTERNAL POLICY

TITLE I

INTERNATIONAL FISHERIES ORGANISATIONS

Article 39

Objectives

1.   
  With a view to ensuring the sustainable exploitation and management of maritime biological resources,
  the Union shall
  promote the effective implementation of international fisheries instruments and regulations,
  participate in the activities of

  and support the activities of
  international organisations dealing with fisheries, including regional fisheries management organisations (RFMOs)
  . In doing so, the Union shall act
  in line with international
  commitments,
  obligations and policy objectives and consistent

  in a way that is consistent
  with the objectives set out in Articles 2 and, 3
  and 4 of this Regulation and in other Union policies
  .

2.   The positions of the Union in international organisations dealing with fisheries and RFMOs shall be based on the best available scientific advice to ensure that fishery resources are maintained above or restored above levels capable of producing maximum sustainable yield.

  In particular the Union shall:

| (a) | actively support, promote and contribute to the development of the best available scientific knowledge; |
| --- | --- |

(a)

actively support, promote and contribute to the development of the best available scientific knowledge;

| (b) | promote measures to ensure that fishery resources are maintained that are consistent with the objectives of Article 2, in particular its paragraph 2, and of Article 4; |
| --- | --- |

(b)

promote measures to ensure that fishery resources are maintained that are consistent with the objectives of Article 2, in particular its paragraph 2, and of Article 4;

| (c) | promote the establishment and strengthening of RFMO compliance committees, periodical independent performance reviews and appropriate remedial actions, including dissuasive and effective penalties, which need to be applied in a transparent and non-discriminatory fashion; |
| --- | --- |

(c)

promote the establishment and strengthening of RFMO compliance committees, periodical independent performance reviews and appropriate remedial actions, including dissuasive and effective penalties, which need to be applied in a transparent and non-discriminatory fashion;

| (d) | improve the policy coherence of Union initiatives, with particular regard to environmental, development and trade activities; |
| --- | --- |

(d)

improve the policy coherence of Union initiatives, with particular regard to environmental, development and trade activities;

| (e) | promote and support, in all international spheres, action necessary to eradicate IUU-fishing, ensuring, to this end, that no IUU fisheries products enter the Union market, and thereby contributing to sustainable fishing activities that are economically viable and that promote employment within the Union; |
| --- | --- |

(e)

promote and support, in all international spheres, action necessary to eradicate IUU-fishing, ensuring, to this end, that no IUU fisheries products enter the Union market, and thereby contributing to sustainable fishing activities that are economically viable and that promote employment within the Union;

| (f) | encourage and take an active part in joint international efforts to combat piracy at sea, with a view to ensuring human safety and preventing the disruption of maritime fishing activities; |
| --- | --- |

(f)

encourage and take an active part in joint international efforts to combat piracy at sea, with a view to ensuring human safety and preventing the disruption of maritime fishing activities;

| (g) | promote the effective implementation of international fisheries instruments and regulations; |
| --- | --- |

(g)

promote the effective implementation of international fisheries instruments and regulations;

| (h) | ensure that fishing activities outside Union waters are based on the same principles and standards as those applicable in Union waters, while promoting the application by the RFMOs of the same principles and standards as are applied in Union waters. |
| --- | --- |

(h)

ensure that fishing activities outside Union waters are based on the same principles and standards as those applicable in Union waters, while promoting the application by the RFMOs of the same principles and standards as are applied in Union waters.

2a.
     
  The Union shall actively support the development of equitable and transparent mechanisms for allocation of fishing opportunities.

3.   The Union shall actively contribute to and support the development of scientific knowledge and advice in RFMOs and international organisations.
  [Am. 161]

3a.
     
  The Union shall foster cooperation ties between RFMOs in order to align, harmonise and widen the framework for multilateral action, shall support the development of scientific knowledge and advice in RFMOs and international organisations and shall adhere to the resulting recommendations. [Am. 162]

Article 40

Compliance with international provisions

The Union
  , assisted by the European Fisheries Control Agency,
  shall cooperate with third countries and international organisations dealing with fisheries, including RFMOs, to strengthen compliance with measures
  , especially those combating IUU-fishing,
  adopted by such international organisations
  , so as to ensure that they are strictly adhered to
  .

Member States shall ensure that their operators comply with the measures referred to in the first paragraph. [Am. 163]

TITLE II

SUSTAINABLE FISHERIES AGREEMENTS

Article 41

Principles and objectives of Sustainable Fisheries Agreements

1.   Sustainable Fisheries Agreements with third countries shall establish a legal, economic and environmental governance framework for fishing activities carried out by Union fishing vessels in third country waters.
  in accordance with relevant measures adopted by international organisations, including RFMOs
  .
  Such frameworks may include:

| (a) | development and support for the necessary scientific and research institutions; |
| --- | --- |

(a)

development and support for the necessary scientific and research institutions;

| (b) | monitoring, control and surveillance capabilities; and |
| --- | --- |

(b)

monitoring, control and surveillance capabilities; and

| (c) | other capacity building elements concerning the development of a sustainable fisheries policy of the third country. |
| --- | --- |

(c)

other capacity building elements concerning the development of a sustainable fisheries policy of the third country.

They shall also include provisions to ensure that fishing activities take place in conditions of legal certainty. [Am. 164]

1a.
     
  In order to ensure that marine living resources are exploited sustainably, the Union shall be guided by the principle that Sustainable Fisheries Arrangements with third countries are to be established for the mutual benefit of both parties and are to contribute to continuing the activity of Union fleets by obtaining a share of the third country’s surplus that is commensurate with the Union fleets’ interest. [Am. 165]

2.   Union fishing vessels shall only catch surplus of the allowable catch determined by the third country as referred to in Article 62(2), of Unclos, and identified
  , in a clear and transparent manner,
  on the basis of the best available scientific advice and relevant information exchanged between the Union and the third country concerned about the total fishing effort on the affected stocks
  by all fleets
  , in order to ensure that fishery resources remain above levels capable of producing maximum sustainable yield. [Am. 166]

2a.
     
  Sustainable Fisheries Agreements and agreements on reciprocal access shall include:

| (a) | a requirement to comply with the principle of limiting access to resources that are scientifically demonstrated to be surplus for the coastal State, in accordance with the provisions of Unclos; |
| --- | --- |

(a)

a requirement to comply with the principle of limiting access to resources that are scientifically demonstrated to be surplus for the coastal State, in accordance with the provisions of Unclos;

| (b) | a clause prohibiting the granting of more favourable conditions to the different fleets fishing in those waters, than those granted to Union economic actors including those concerning the conservation, development and management of resources or financial agreements, fees and other rights, relating to the issuing of fishing authorisations; |
| --- | --- |

(b)

a clause prohibiting the granting of more favourable conditions to the different fleets fishing in those waters, than those granted to Union economic actors including those concerning the conservation, development and management of resources or financial agreements, fees and other rights, relating to the issuing of fishing authorisations;

| (c) | a conditionality clause, that makes the agreement conditional on respect for human rights in accordance with the international agreements thereon; and |
| --- | --- |

(c)

a conditionality clause, that makes the agreement conditional on respect for human rights in accordance with the international agreements thereon; and

| (d) | an exclusivity clause. [Am. 167] |
| --- | --- |

(d)

an exclusivity clause. [Am. 167]

2b.
     
  Sustainable Fisheries Agreements and agreements on reciprocal access shall ensure that Union fishing vessels are able to operate in the waters of the third country with which an agreement has been concluded only if they are in possession of a fishing authorisation, which has been issued in accordance with a procedure agreed by both parties to the agreement. [Am. 168]

2c.
     
  Vessels flagged in the Union which have temporarily left the register of a Member State in order to seek fishing opportunities elsewhere shall, for a period of 24 months, not be allowed to benefit from fishing opportunities under a Sustainable Fisheries Agreement or the protocols in force at the time when they left the register, if they subsequently return to a Union register, and the same shall apply in respect of temporarily reflagging, while fishing under RFMOs. [Am. 169]

2d.
     
  Sustainable Fisheries Agreements shall provide that fishing authorisations of any kind shall only be granted to new fishing vessels and to those previously flagged in the Union for at least 24 months preceding the request for a fishing authorisation and wishing to target species covered by the Sustainable Fisheries Agreement. [Am. 170]

2e.
     
  When determining fishing opportunities in respect of agreements covering straddling or highly migratory fish stocks, scientific assessments conducted at regional level as well as conservation and management measures adopted by the RFMO shall be duly taken into account. [Am. 171]

2f.
     
  Efforts shall be made at Union level to monitor the activities of Union fishing vessels that operate in non-Union waters outside the framework of sustainable fisheries agreements. Such vessels shall respect the same guiding principles that are applied to those vessels fishing in the Union. [Am. 172]

2 g.
     
  Union fishing vessels operating outside Union waters shall be equipped with CCTV cameras or equivalent to enable full documentation of fishing practices and catches. [Am. 173]

2h.
     
  Independent evaluations shall be conducted of the impact of each protocol before the Commission is given a mandate for negotiations for succeeding protocols and shall include information on catches and fishing activities. Such evaluations shall be made publically available. [Am. 174]

2i.
     
  In order to ensure that stocks that are shared with neighbouring countries are managed in a sustainable manner, it is necessary that they come within the scope of this Regulation; [Am. 175]

Article 42

Financial assistance

The Union shall provide financial assistance to third countries through sustainable Fisheries Agreements in order to:

| (a) | support part of the cost of access to the fisheries resources in third country waters; |
| --- | --- |

(a)

support part of the cost of access to the fisheries resources in third country waters;

| (b) | establish the governance framework, including the development and maintenance of the necessary scientific and research institutions, monitoring, control and surveillance capability
  , transparency, participation and accountability mechanisms
  and other capacity building items pertaining to the development of a sustainable fisheries policy driven by the third country. Such financial assistance shall be conditioned

  conditional
  upon the achievement of specific
  socio-economic and environmental
  results
  and shall be complementary to and consistent with the development projects and programmes implemented in the third country in question
  . [Am. 176] |
| --- | --- |

(b)

establish the governance framework, including the development and maintenance of the necessary scientific and research institutions, monitoring, control and surveillance capability
  , transparency, participation and accountability mechanisms
  and other capacity building items pertaining to the development of a sustainable fisheries policy driven by the third country. Such financial assistance shall be conditioned

  conditional
  upon the achievement of specific
  socio-economic and environmental
  results
  and shall be complementary to and consistent with the development projects and programmes implemented in the third country in question
  . [Am. 176]

Article 42a

Union fishing activities outside Sustainable Fisheries Agreements

Member States shall obtain information on any arrangements between nationals of a Member State and a third country that allow fishing vessels flying the flag of that Member State to engage in fishing activities in waters under the jurisdiction or sovereignty of the third country, as well as details of the vessels concerned and their relevant activities. The Member State shall inform the Commission thereof. [Am. 230]

PART VIII

AQUACULTURE

Article 43

Promoting
  sustainable
  aquaculture [Am. 177]

1.   With a view to promoting sustainability and contributing to food security
  and supplies
  , growth and employment, non-binding Union strategic guidelines on common priorities and targets for the development of
  sustainable
  aquaculture activities shall be established by the Commission by 2013. Such strategic guidelines
  shall differentiate between, on the one hand, small to medium aquaculture and, on the other hand, aquaculture on an industrial scale,
  shall take account of the relative starting positions and different circumstances throughout the Union,
  and
  shall form the basis for multiannual national strategic plans and shall aim at

  to
  : [Am. 178]

| (a) | improving the competitiveness of the aquaculture industry and supporting its development and innovation;

  simplify legislation in the sector and reduce administrative burdens at Union level; |
| --- | --- |

(a)

improving the competitiveness of the aquaculture industry and supporting its development and innovation;

  simplify legislation in the sector and reduce administrative burdens at Union level;

| (b) | encouraging economic activity;

  encourage the use of non-carnivorous species and reduce the use of fishery products as fish feed; |
| --- | --- |

(b)

encouraging economic activity;

  encourage the use of non-carnivorous species and reduce the use of fishery products as fish feed;

| (c) | diversification and improvement of the quality of life in coastal and rural areas;

  integrate aquaculture activities into other policies, such as policies for coastal zones, sea strategies and guidelines for maritime spatial planning, the implementation of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for the Community action in the field of water policy

   (34)

  (Water Framework Directive) and environmental policy. |
| --- | --- |

(c)

diversification and improvement of the quality of life in coastal and rural areas;

  integrate aquaculture activities into other policies, such as policies for coastal zones, sea strategies and guidelines for maritime spatial planning, the implementation of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for the Community action in the field of water policy

   (34)

  (Water Framework Directive) and environmental policy.

| (d) | a level-playing field for aquaculture operators in relation to access to waters and space. |
| --- | --- |

(d)

a level-playing field for aquaculture operators in relation to access to waters and space.

2.   Member States shall establish a multiannual national strategic plan for the development of aquaculture activities on their territory by 2014.

  The Union shall support the production and consumption of sustainable Union aquaculture products by:

| (a) | establishing transparent and general qualitative criteria for aquaculture by 2014 to assess and minimise the environmental impacts of aquaculture and farming activities; |
| --- | --- |

(a)

establishing transparent and general qualitative criteria for aquaculture by 2014 to assess and minimise the environmental impacts of aquaculture and farming activities;

| (b) | ensuring that supplies reach consumers at reasonable prices; |
| --- | --- |

(b)

ensuring that supplies reach consumers at reasonable prices;

| (c) | laying down rules regarding the traceability, security and quality of Union and imported aquaculture products, through appropriate marking or labelling as established in Article 42 of Regulation (EU) No .../2013 [on the common organisation of the markets in fishery and aquaculture products]

   (*****)
  . [Ams 179 and 242] |
| --- | --- |

(c)

laying down rules regarding the traceability, security and quality of Union and imported aquaculture products, through appropriate marking or labelling as established in Article 42 of Regulation (EU) No .../2013 [on the common organisation of the markets in fishery and aquaculture products]

   (*****)
  . [Ams 179 and 242]

3.   The multiannual national strategic plan shall include the Member State's objectives and the measures
  and the timetables necessary
  to achieve them. [Am. 180]

4.   Multiannual national strategic plans shall aim in particular at

  specifically address
  the need for the following:

| (a) | the reduction of red tape and
  administrative simplification, in particular regarding licenses; |
| --- | --- |

(a)

the reduction of red tape and
  administrative simplification, in particular regarding licenses;

| (b) | certainty for aquaculture operators in relation to access to waters and space
  , in accordance with the Union policy on coastal zone management and maritime spatial planning
  ; |
| --- | --- |

(b)

certainty for aquaculture operators in relation to access to waters and space
  , in accordance with the Union policy on coastal zone management and maritime spatial planning
  ;

| (c) | indicators for
  quality and
  environmental, economic and social sustainability; |
| --- | --- |

(c)

indicators for
  quality and
  environmental, economic and social sustainability;

| (ca) | measures to ensure that aquaculture activities are in full compliance with existing Union environmental legislation; |
| --- | --- |

(ca)

measures to ensure that aquaculture activities are in full compliance with existing Union environmental legislation;

| (d) | assessment of other possible cross-bordering effects
  on marine biological resources and marine ecosystems
  on neighbouring Member States; |
| --- | --- |

(d)

assessment of other possible cross-bordering effects
  on marine biological resources and marine ecosystems
  on neighbouring Member States;

| (da) | the promotion of Research, Development and Innovation (RDI) and collaboration between the industry and the scientific world; |
| --- | --- |

(da)

the promotion of Research, Development and Innovation (RDI) and collaboration between the industry and the scientific world;

| (db) | food safety; |
| --- | --- |

(db)

food safety;

| (dc) | animal health and welfare; |
| --- | --- |

(dc)

animal health and welfare;

| (dd) | environmental sustainability. [Am. 181] |
| --- | --- |

(dd)

environmental sustainability. [Am. 181]

5.   Member States shall exchange information and best practices through an open method of coordination of the national measures contained in multiannual strategic plans.

Article 44

Consultation of Advisory Councils

An Advisory Council on aquaculture shall be established in accordance with Article 53.

PART IX

COMMON MARKET ORGANISATION

Article 45

Objectives

1.   A common organisation of the markets in fishery and aquaculture products shall be established to:

| (a) | contribute to the achievement of the objectives laid down in Articles 2 and 3; |
| --- | --- |

(a)

contribute to the achievement of the objectives laid down in Articles 2 and 3;

| (b) | enable the fishery and aquaculture industry to apply the Common Fisheries Policy at the appropriate level; |
| --- | --- |

(b)

enable the fishery and aquaculture industry to apply the Common Fisheries Policy at the appropriate level;

| (c) | strengthen the competitiveness
  and promote the quality policies
  of the Union fishery and aquaculture industry, in

  by implementing production and marketing plans
  ,
  paying
  particular
  attention to
  producers; [Am. 183] |
| --- | --- |

(c)

strengthen the competitiveness
  and promote the quality policies
  of the Union fishery and aquaculture industry, in

  by implementing production and marketing plans
  ,
  paying
  particular
  attention to
  producers; [Am. 183]

| (d) | improve the transparency
  and stability
  of the markets, in particular as regards economic knowledge and understanding of the Union markets for fishery and aquaculture products along the supply chain and

  , the fair distribution of added value along the sector’s value chain and
  consumer
  information and
  awareness
  , by means of notification and/or labelling providing comprehensible information
  ; [Am. 184] |
| --- | --- |

(d)

improve the transparency
  and stability
  of the markets, in particular as regards economic knowledge and understanding of the Union markets for fishery and aquaculture products along the supply chain and

  , the fair distribution of added value along the sector’s value chain and
  consumer
  information and
  awareness
  , by means of notification and/or labelling providing comprehensible information
  ; [Am. 184]

| (e) | contribute to ensuring a level playing field
  including equal health, social and environmental requirements
  for all products marketed in the Union by promoting sustainable exploitation of fisheries resources; [Am. 185] |
| --- | --- |

(e)

contribute to ensuring a level playing field
  including equal health, social and environmental requirements
  for all products marketed in the Union by promoting sustainable exploitation of fisheries resources; [Am. 185]

| (ea) | ensure that consumers have a diverse supply of fishery and aquaculture products, the quality and origin of which are certified, along with sufficient information so that their decisions contribute to the achievement of the objectives established in this Regulation; |
| --- | --- |

(ea)

ensure that consumers have a diverse supply of fishery and aquaculture products, the quality and origin of which are certified, along with sufficient information so that their decisions contribute to the achievement of the objectives established in this Regulation;

| (eb) | ensure that products imported from third countries come from fisheries and industries that meet the same environmental, economic, social and health requirements as those required of Union fleets and businesses, and that the products result from legal, declared and regulated fishing conducted in accordance with the same standards as those required of Union vessels; |
| --- | --- |

(eb)

ensure that products imported from third countries come from fisheries and industries that meet the same environmental, economic, social and health requirements as those required of Union fleets and businesses, and that the products result from legal, declared and regulated fishing conducted in accordance with the same standards as those required of Union vessels;

| (ec) | ensure the traceability of all fishery and aquaculture products throughout the supply chain, provide verifiable and accurate information regarding the origin of the product and its mode of production and label the product accordingly, with an emphasis on reliable eco-labelling. [Ams 186 and 270] |
| --- | --- |

(ec)

ensure the traceability of all fishery and aquaculture products throughout the supply chain, provide verifiable and accurate information regarding the origin of the product and its mode of production and label the product accordingly, with an emphasis on reliable eco-labelling. [Ams 186 and 270]

2.   The common organisation of the markets shall apply to the fishery and aquaculture products listed in Annex I to Regulation (EU) No .../2013 [on the common organisation of the markets in fishery and aquaculture products] (******), which are marketed in the Union.

3.   The common organisation of the markets shall comprise in particular:

| (a) | organisation of the industry including market stabilization measures; |
| --- | --- |

(a)

organisation of the industry including market stabilization measures;

| (b) | common marketing standards
  , taking into account the particular characteristics of local communities; [Am. 187] |
| --- | --- |

(b)

common marketing standards
  , taking into account the particular characteristics of local communities; [Am. 187]

| (ba) | common rules with a view to the introduction of an eco-labelling scheme for Union fishery and aquaculture products; |
| --- | --- |

(ba)

common rules with a view to the introduction of an eco-labelling scheme for Union fishery and aquaculture products;

| (bb) | consumer information; |
| --- | --- |

(bb)

consumer information;

| (bc) | taking trade measures against third countries not practising sustainable fishing. [Am. 188] |
| --- | --- |

(bc)

taking trade measures against third countries not practising sustainable fishing. [Am. 188]

PART X

CONTROL AND ENFORCEMENT

Article 46

Objectives

1.   Compliance with the rules of the Common Fisheries Policy shall be ensured through an effective Union fisheries control system, including the fight against IUU-fishing.

2.   The Union fisheries control system shall in particular be based on:

| (a) | a global and integrated approach
  that should result in a number of controls linked to the size of fleets in different Member States
  ; [Am. 225] |
| --- | --- |

(a)

a global and integrated approach
  that should result in a number of controls linked to the size of fleets in different Member States
  ; [Am. 225]

| (b) | more efficient use of systems already to be found on board each fishing vessel and, where necessary,
  the use of modern

  effective
  control technologies for the availability and quality of data on fisheries
  and aquaculture
  ; [Am. 189] |
| --- | --- |

(b)

more efficient use of systems already to be found on board each fishing vessel and, where necessary,
  the use of modern

  effective
  control technologies for the availability and quality of data on fisheries
  and aquaculture
  ; [Am. 189]

| (ba) | Union-wide harmonisation of the rules on controls and penalties; [Am. 190] |
| --- | --- |

(ba)

Union-wide harmonisation of the rules on controls and penalties; [Am. 190]

| (bb) | complementarity between controls at sea and on shore; [Am. 191] |
| --- | --- |

(bb)

complementarity between controls at sea and on shore; [Am. 191]

| (c) | a risk-based strategy focused on systematic and automated cross-checks of all available relevant data; |
| --- | --- |

(c)

a risk-based strategy focused on systematic and automated cross-checks of all available relevant data;

| (d) | the development of a culture of
  co-responsibility,
  compliance
  and cooperation
  among
  all fishing vessel
  operators
  , vessel owners and fishermen
  ; [Am. 192] |
| --- | --- |

(d)

the development of a culture of
  co-responsibility,
  compliance
  and cooperation
  among
  all fishing vessel
  operators
  , vessel owners and fishermen
  ; [Am. 192]

| (da) | a standardised compliance and enforcement regime for each Member State; [Am. 193] |
| --- | --- |

(da)

a standardised compliance and enforcement regime for each Member State; [Am. 193]

| (e) | the establishment of effective, proportionate and dissuasive sanctions; |
| --- | --- |

(e)

the establishment of effective, proportionate and dissuasive sanctions;

| (ea) | a level playing field, including trade sanctions when it is established that third countries are behaving irresponsibly. [Am. 226] |
| --- | --- |

(ea)

a level playing field, including trade sanctions when it is established that third countries are behaving irresponsibly. [Am. 226]

2a.
     
  Member States shall ensure the establishment of effective, proportionate and dissuasive penalties, including the freezing of funds from the EMFF, taking into account the cost-benefit ratio and the principle of proportionality
  . [Am. 195]

Article 46a

Compliance Committee

1.
     
  A Union Compliance Committee shall be established and shall include representatives of the Member States, the Commission and the Control Agency.

2.
     
  The Union Compliance Committee shall:

| (a) | conduct annual reviews of compliance by each Member State to identify failures to comply with the CFP; |
| --- | --- |

(a)

conduct annual reviews of compliance by each Member State to identify failures to comply with the CFP;

| (b) | review actions taken in relation to breaches of compliance detected; and |
| --- | --- |

(b)

review actions taken in relation to breaches of compliance detected; and

| (c) | forward its conclusions to the European Parliament and to the Council. [Am. 243] |
| --- | --- |

(c)

forward its conclusions to the European Parliament and to the Council. [Am. 243]

Article 47

Pilot projects on new control technologies and data management systems

1.   The Commission and the Member States may carry out pilot projects on new control technologies and systems for data management.

2.   The Commission shall be empowered to adopt delegated acts in accordance with Article 55 concerning rules for carrying out pilot projects on new control technologies and data management systems.

Article 48

Contribution to control, inspection and enforcement costs

Member States may require holders of a fishing licence for fishing vessels of 12 meters length overall or more flying their flag

  their operators
  to contribute proportionally to the
  operational
  costs of implementing the Union fisheries control system
  and of data collection
  . [Am. 196]

PART XI

FINANCIAL INSTRUMENTS

Article 49

Objectives

Union financial assistance may be granted to contribute to the achievement of the
  long-term environmental, economic and social sustainability
  objectives set out in Articles 2 and 3.
  Union financial assistance shall not be granted to support operations that jeopardise the sustainability and the conservation of marine biological resources, biodiversity, habitats and ecosystems. [Am. 197]

Article 50

Conditions for financial assistance towards Member States

1.   Union financial assistance towards Member States shall be
  transparent and
  conditional upon compliance with the rules of the Common Fisheries Policy,
  with the environmental directives mentioned in Article 12 and with the application of the precautionary principle
  by Member States.

2.   Non-compliance by Member States with the rules of the Common Fisheries Policy, may

  with the legal acts referred to in paragraph 1 and with the application of the precautionary principle shall immediately
  result in the interruption or suspension of payments or in the application of a financial correction to Union financial assistance under the Common Fisheries Policy. Such measures shall be proportionate to the nature, extent, duration and repetition of the non compliance.
  A methodology shall be established including objectives, indicators, and homogenous and transparent measurements for all Member States. [Am. 302]

Article 51

Conditions for financial assistance towards operators

1.   Union financial assistance towards operators shall be conditional upon
  their
  compliance with the rules of the Common Fisheries Policy by operators

  and with national law transposing the Directives in the environmental field referred to in Article 12
  .
  Financial assistance shall not be granted to an operation that jeopardises the sustainability and conservation of marine biological resources, biodiversity, habitats or ecosystems
  .

2.   Serious infringements by operators of the rules of the Common Fisheries Policy
  and of the national law referred to in paragraph 1
  shall result in temporary or permanent bans on access to the Union financial assistance and/or the application of financial reductions. Such measures
  , taken by the Member State,
  shall be
  dissuasive, effective and
  proportionate to the nature, extent, duration and repetition of serious infringements.

3.   Member States shall ensure that Union financial assistance is granted only if no sanctions for serious infringements have been imposed to

  committed by
  the concerned operator, within a period of 1 year

  at least three years
  prior to the date of application for Union financial assistance. [Am. 199]

PART XII

ADVISORY COUNCILS

Article 52

Advisory Councils

1.   Advisory Councils are established for each of the
  geographical
  areas
  or fields
  of competence set out in Annex III, to promote a balanced representation of all stakeholders
  in accordance with Article 54(1)
  and to contribute to the achievement of the objectives set out in Articles 2 and 3.

1a.
     
  In particular, the following new Advisory Councils shall be established, in accordance with Annex III:

| (a) | an Advisory Council for the outermost regions, divided into three sections for each of the following sea basins: West Atlantic, East Atlantic and Indian Ocean; |
| --- | --- |

(a)

an Advisory Council for the outermost regions, divided into three sections for each of the following sea basins: West Atlantic, East Atlantic and Indian Ocean;

| (b) | an Advisory Council for aquaculture and inland fishing; |
| --- | --- |

(b)

an Advisory Council for aquaculture and inland fishing;

| (c) | an Advisory Council for markets; |
| --- | --- |

(c)

an Advisory Council for markets;

| (d) | an Advisory Council for the Black Sea. |
| --- | --- |

(d)

an Advisory Council for the Black Sea.

2.   The Commission shall be empowered to adopt delegated acts in accordance with Article 55 concerning amendments to that Annex to change the areas of competence, to create new areas of competence for Advisory Councils or to create new Advisory Councils.

3.   Each Advisory Council shall establish its rules of procedure. [Am. 200]

Article 53

Tasks of Advisory Councils

-1.
     
  Before completing its internal procedures either leading to the submission, in accordance with the ordinary legislative procedure, of a proposal pursuant to Article 43(2) TFEU, such as for multiannual plans or technical measures frameworks, or leading to the adoption of delegated acts in accordance with Article 55, the Commission shall seek the opinion of the relevant Advisory Councils. This consultation shall be without prejudice to the consultation of ICES or other appropriate scientific bodies.

1.   Advisory Councils may:

| (a) | submit recommendations and suggestions on matters relating to
  the management of fisheries and the socio-economic and conservation aspects of
  fisheries management and aquaculture to the Commission or

  , and
  to the Member State concerned; |
| --- | --- |

(a)

submit recommendations and suggestions on matters relating to
  the management of fisheries and the socio-economic and conservation aspects of
  fisheries management and aquaculture to the Commission or

  , and
  to the Member State concerned;

| (b) | inform the Commission and Member States of problems relating to
  the management and the socio-economic and conservation aspects of
  fisheries management and
  , where appropriate, of
  aquaculture in their
  geographical
  area
  or field
  of competence
  and propose solutions to overcome these problems
  ; |
| --- | --- |

(b)

inform the Commission and Member States of problems relating to
  the management and the socio-economic and conservation aspects of
  fisheries management and
  , where appropriate, of
  aquaculture in their
  geographical
  area
  or field
  of competence
  and propose solutions to overcome these problems
  ;

| (c) | contribute, in close cooperation with scientists, to the collection, supply and analysis of data necessary for the development of conservation measures; |
| --- | --- |

(c)

contribute, in close cooperation with scientists, to the collection, supply and analysis of data necessary for the development of conservation measures;

| (ca) | issue opinions on the draft conservation measures referred to in Article 17(2b) and the draft technical measures referred to in Article 21(1b), and submit them to the Commission and to those Member States that are directly concerned by the fishery or area in question. |
| --- | --- |

(ca)

issue opinions on the draft conservation measures referred to in Article 17(2b) and the draft technical measures referred to in Article 21(1b), and submit them to the Commission and to those Member States that are directly concerned by the fishery or area in question.

2.   The Commission and, where relevant, the Member State concerned, shall
  take due account of the Advisory Councils' opinions,


  recommendations, suggestions and of any information received pursuant to paragraphs - 1 and 1 and shall
  reply
  to these submissions
  within a reasonable time period to any recommendation, suggestion or information received pursuant to paragraph 1

  not more than 30 working days, and in any event before the final measures are adopted
  .
  Where the final measures adopted diverge from the Advisory Councils' opinions, recommendations and suggestions received pursuant to paragraphs - 1 and 1, the Commission or the Member State concerned shall state detailed reasons why they diverge
  . [Am. 201]

Article 54

Composition, functioning and funding of Advisory Councils

1.   Advisory Councils shall be composed of

| (a) | organisations representing the fisheries
  and, where appropriate, aquaculture
  operators and; |
| --- | --- |

(a)

organisations representing the fisheries
  and, where appropriate, aquaculture
  operators and;

| (b) | other interest groups affected by the Common Fisheries Policy
  , for example, environmental organisations and consumer groups
  . |
| --- | --- |

(b)

other interest groups affected by the Common Fisheries Policy
  , for example, environmental organisations and consumer groups
  .

With respect to point (a), employers, self-employed fishermen and employees and different fishing trades shall be duly represented.

Representatives of national and regional administrations


  that have fisheries interests in the area concerned


  and researchers from the Member States' scientific and fisheries research institutes and from the international scientific institutions that advise the Commission shall be allowed to participate as observers.

1a.
     
  Representatives of the European Parliament and of the Commission may take part as observers in Advisory Council meetings. When issues that affect them are discussed, representatives of the fisheries sector and other interest groups from third countries, including representatives from RFMOs, that have a fishing interest in the area or fisheries covered by an Advisory Council may be invited to participate as observers in those Advisory Council meetings.

2.   Each Advisory Council shall consist of a general assembly and an executive committee and shall adopt the measures necessary for its organization and to ensure transparency and the respect of all opinions expressed.

3.   Advisory Councils may apply for Union financial assistance as bodies pursuing an aim of general European interest.

4.   The Commission shall be empowered to adopt delegated acts in accordance with Article 55 concerning the composition and the functioning of Advisory Councils.
  Those delegated acts shall be without prejudice to paragraph 1 and 1a. [Am. 202]

PART XIII

PROCEDURAL PROVISIONS

Article 55

Exercise of delegation

1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.   The power to adopt delegated acts referred to in Articles 12(2)

  13(1)
  , 15(6), 20(1) and (2)

  (2b)
  , 24(1) and (2)

  (2b)
  , 35(3), 36(4), 37(6), 47(2), 52(2), 54(4) shall be conferred for an indeterminate period of time from 1 January 2013.

3.   The delegation of power referred to in Articles 12(2)

  13(1)
  , 15(6), 20(1) and (2)

  (2b)
  , 24(1) and (2)

  (2b)
  , 35(3), 36(4), 37(6), 47(2), 52(2), 54(4) may be revoked at any time by the European Parliament or by the Council. A decision of revocation

  to revoke
  shall put an end to the delegation of the powers 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.

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 Articles 12(3)

  13(1)
  , 15(4

  6
  ), 20(1) and (2)

  (2b)
  , 24(1) and (2)

  (2b)
  , 35(3), 36(4), 37(7

  6
  ), 47(2), 52(2), 54(4) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2

  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 2

  two
  months at the initiative of the European Parliament or
  of
  the Council. [Am. 203]

Article 55a

Urgency procedure

1.
     
  Delegated acts adopted under this Article shall enter into force without delay and shall apply, subject to paragraph 2, for a period of six months. 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 55(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 by the Council. [Am. 204]

Article 56

Implementation

1.
     In the implementation of the rules of the Common Fisheries Policy, the Commission shall be assisted by a Committee for fisheries and aquaculture. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2.
     Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

3.
     
  Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply. [Am. 205]

Part XIV

FINAL PROVISIONS

Article 57

Repeals

1.   Regulation (EC) No 2371/2002 is repealed.

References to the repealed Regulation shall be construed as references to this Regulation.

2.   Decision 2004/585/EC is hereby repealed with effect from the entry into force of the rules adopted under Articles 51(4) and 52(4)

  Article 54(4)
  . [Am. 206]

3.   Article 5 of Regulation (EC) No 1954/2003 shall be deleted.

4.   Regulation (EC) No 199/2008 is repealed.
  [Am. 207]

5.   Regulation (EC) No 639/2004 is repealed.

Article 57a

Amendment to Regulation (EC) No 768/2005

Regulation (EC) No 768/2005 is hereby amended as follows:

In Article 16, the following paragraph is added:

‘3.
     
  The European Fisheries Control Agency shall be the operational body designated for the exchange of data in electronic form and for enhanced maritime surveillance capacity.’

[Am. 273]

[Am. 273]

Article 58

Article 58

Transitional measures

Transitional measures

Notwithstanding Article 57(4), Regulation (EC) No 199/2008 shall continue to apply to the national programmes adopted for the collection and management of data for the years 2011 — 2013.
  [Am. 208]

Notwithstanding Article 57(4), Regulation (EC) No 199/2008 shall continue to apply to the national programmes adopted for the collection and management of data for the years 2011 — 2013.

[Am. 208]

Article 58a

Article 58a

Review

Review

1.
     
  Every five years, the Commission shall review the provisions of Articles 1
  —
  5 and present proposals to the European Parliament and to the Council, in accordance with the ordinary legislative procedure pursuant to Article 43(2) TFEU, to incorporate progress and best practices in fisheries management.

1.

Every five years, the Commission shall review the provisions of Articles 1

5 and present proposals to the European Parliament and to the Council, in accordance with the ordinary legislative procedure pursuant to Article 43(2) TFEU, to incorporate progress and best practices in fisheries management.

2.
     
  The Commission shall report to the European Parliament and to the Council on the operation of the Common Fisheries Policy before the end of 2022. [Am. 209]

2.

The Commission shall report to the European Parliament and to the Council on the operation of the Common Fisheries Policy before the end of 2022.

Article 58b

Article 58b

Annual report

Annual report

The Commission shall publish an annual report informing the public about the fisheries situation in the Union, including information on the biomass levels of fish stocks, the sustainability of exploitation rates and the availability of scientific data. [Am. 210]

The Commission shall publish an annual report informing the public about the fisheries situation in the Union, including information on the biomass levels of fish stocks, the sustainability of exploitation rates and the availability of scientific data.

Article 59

Entry into force

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

Official Journal of the European Union

It shall apply from 1 January 2013.

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

Done at

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 181, 21.6.2012, p. 183.

1

(2)  OJ C 225, 27.7.2012, p. 20.

2

(3)  Position of the European Parliament of 6 February 2013.

3

(4)  OJ L 358, 31.12.2002, p. 59.

4

(5)  OJ L 179, 23.6.1998, p. 1.

5

(6)  OJ L 189, 3.7.1998, p. 14.

6

(7)  OJ L 177, 16.7.1996, p. 24.

7

(8)  COP Decision X/2.

8

(9)  EU CO 7/10 of 26 March 2010.

9

(10)  COM(2011)0244.

10

(11)  OJ L 164, 25.6.2008, p. 19.

11

(12)  Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on an Integrated Maritime Policy for the European Union, COM(2007)575final.

12

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on an Integrated Maritime Policy for the European Union, COM(2007)575final.

(13)  OJ C 105, 7.5.1981, p. 1.

13

(14)  OJ L 20, 26.1.2010, p. 7.

14

(15)  OJ L 206, 22.7.1992, p. 7.

15

(16)  COM(2009)0162.

16

(17)  COM(2010)2020.

17

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

18

(19)  OJ L 256, 3.8.2004, p. 17.

19

(20)  
  OJ L 60, 5.3.2008, p. 1.

20

OJ L 60, 5.3.2008, p. 1.

(21)  

  OJ L 124, 17.5.2005, p. 1.

21

OJ L 124, 17.5.2005, p. 1.

(22)  
  OJ L 409, 30.12.2006, p. 11.

22

OJ L 409, 30.12.2006, p. 11.

(23)  OJ L 274, 25.9.1986, p. 1.

23

(24)  OJ L 343, 22.12.2009, p. 1.

24

(25)  OJ L 286, 29.10.2008, p. 1.

25

(26)  

  OJ L 289, 7.11.2003, p. 1.

26

OJ L 289, 7.11.2003, p. 1.

(*)  
  Four years after the date of entry into force of this Regulation.

*

Four years after the date of entry into force of this Regulation.

(27)  OJ L ...

27

(**)  The number, date and name of this Regulation (2011/0194(COD)).

**

(28)  

  OJ L 232, 2.9.2010, p. 14.

28

OJ L 232, 2.9.2010, p. 14.

(29)  OJ L ...

29

(***)  The number, date and name of this Regulation (2011/0380(COD)).

***

(30)  

  OJ L 108, 25.4.2007, p. 1.

30

OJ L 108, 25.4.2007, p. 1.

(31)  
  Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information (OJ L 41, 14.2.2003, p. 26).

31

Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information (OJ L 41, 14.2.2003, p. 26).

(32)  
  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 (OJ L 145, 31.5.2001, p. 43).

32

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 (OJ L 145, 31.5.2001, p. 43).

(33)  
  Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies (OJ L 264, 25.9.2006, p. 13).

33

Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies (OJ L 264, 25.9.2006, p. 13).

(****)  
  The year following that of the entry into force of this Regulation.

****

The year following that of the entry into force of this Regulation.

(34)  

  OJ L 327, 22.12.2000, p. 1.

34

OJ L 327, 22.12.2000, p. 1.

(*****)  The number of this Regulation (2011/0194(COD)).

*****

(******)  The number of this Regulation (2011/0194(COD)).

******

ANNEX I

ACCESS TO COASTAL WATERS WITHIN THE MEANING OF ARTICLE 6(2)

1.   COASTAL WATERS OF THE UNITED KINGDOM

A.   ACCESS FOR FRANCE

| Geographical area | Species | Importance or particular characteristics |
| --- | --- | --- |
| United Kingdom coast (6 to 12 nautical miles) |
| 1. | Berwick-upon-Tweed east
  Coquet Island east |

Geographical area

Species

Importance or particular characteristics

United Kingdom coast (6 to 12 nautical miles)

1.

Berwick-upon-Tweed east

Coquet Island east

Herring

Unlimited

| 2. | Flamborough Head east
  Spurn Head east |
| --- | --- |

2.

Flamborough Head east

Spurn Head east

Herring

Unlimited

| 3. | Lowestoft east
  Lyme Regis south |
| --- | --- |

3.

Lowestoft east

Lyme Regis south

All species

Unlimited

| 4. | Lyme Regis south
  Eddystone south |
| --- | --- |

4.

Lyme Regis south

Eddystone south

Demersal

Unlimited

| 5. | Eddystone south
  Longships south-west |
| --- | --- |

5.

Eddystone south

Longships south-west

Demersal

Unlimited

Scallops

Unlimited

Lobster

Unlimited

Crawfish

Unlimited

| 6. | Longships south-west
  Hartland Point north-west |
| --- | --- |

6.

Longships south-west

Hartland Point north-west

Demersal

Unlimited

Crawfish

Unlimited

Lobster

Unlimited

| 7. | Hartland Point to a line from the north of Lundy Island |
| --- | --- |

7.

Hartland Point to a line from the north of Lundy Island

Demersal

Unlimited

| 8. | From a line due west Lundy Island to Cardigan Harbour |
| --- | --- |

8.

From a line due west Lundy Island to Cardigan Harbour

All species

Unlimited

| 9. | Point Lynas North
  Morecambe Light Vessel east |
| --- | --- |

9.

Point Lynas North

Morecambe Light Vessel east

All species

Unlimited

| 10. | County Down |
| --- | --- |

10.

County Down

Demersal

Unlimited

| 11. | New Island north-east
  Sanda Island south-west |
| --- | --- |

11.

New Island north-east

Sanda Island south-west

All species

Unlimited

| 12. | Port Stewart north
  Barra Head west |
| --- | --- |

12.

Port Stewart north

Barra Head west

All species

Unlimited

| 13. | Latitude 57o40'N
  Butt of Lewis west |
| --- | --- |

13.

Latitude 57o40'N

Butt of Lewis west

All species

Except shellfish

Unlimited

| 14. | St Kilda, Flannan Islands |
| --- | --- |

14.

St Kilda, Flannan Islands

All species

Unlimited

| 15. | West of the line joining Butt of Lewis lighthouse to the point 59o30'N-5o45'W |
| --- | --- |

15.

West of the line joining Butt of Lewis lighthouse to the point 59o30'N-5o45'W

All species

Unlimited

B.   ACCESS FOR IRELAND

| Geographical area | Species | Importance or particular characteristics |
| --- | --- | --- |
| United Kingdom coast (6 to 12 nautical miles) |
| 1. | Point Lynas north
  Mull of Galloway south |

Geographical area

Species

Importance or particular characteristics

United Kingdom coast (6 to 12 nautical miles)

1.

Point Lynas north

Mull of Galloway south

Demersal

Unlimited

Nephrops

Unlimited

| 2. | Mull of Oa west
  Barra Head west |
| --- | --- |

2.

Mull of Oa west

Barra Head west

Demersal

Unlimited

Nephrops

Unlimited

C.   ACCESS FOR GERMANY

| Geographical area | Species | Importance or particular charactristics |
| --- | --- | --- |
| United Kingdom coast (6 to 12 nautical miles) |
| 1. | East of Shetlands and Fair Isle between lines drawn due south-east from Sumbrugh Head lighthouse due north-east from Skroo lighthouse and due south-west from Skadan lighthouse |

Geographical area

Species

Importance or particular charactristics

United Kingdom coast (6 to 12 nautical miles)

1.

East of Shetlands and Fair Isle between lines drawn due south-east from Sumbrugh Head lighthouse due north-east from Skroo lighthouse and due south-west from Skadan lighthouse

Herring

Unlimited

| 2. | Berwick-upon-Tweed east, Whitby High lighthouse east |
| --- | --- |

2.

Berwick-upon-Tweed east, Whitby High lighthouse east

Herring

Unlimited

| 3. | North Foreland lighthouse east, Dungeness new lighthouse south |
| --- | --- |

3.

North Foreland lighthouse east, Dungeness new lighthouse south

Herring

Unlimited

| 4. | Zone around St Kilda |
| --- | --- |

4.

Zone around St Kilda

Herring

Unlimited

Mackerel

Unlimited

| 5. | Butt of Lewis lighthouse west to the line joining Butt of Lewis lighthouse and the point 59o30'N-5o45'W |
| --- | --- |

5.

Butt of Lewis lighthouse west to the line joining Butt of Lewis lighthouse and the point 59o30'N-5o45'W

Herring

Unlimited

| 6. | Zone around North Rona and Sulisker (Sulasgeir) |
| --- | --- |

6.

Zone around North Rona and Sulisker (Sulasgeir)

Herring

Unlimited

D.   ACCESS FOR THE NETHERLANDS

| Geographical area | Species | Importance or particular characteristics |
| --- | --- | --- |
| United Kingdom coast (6 to nautical 12 miles) |
| 1. | East of Shetlands and Fair Isle between lines drawn due south-east from Sumburgh Head lighthouse due north-east from Skroo lighthouse and due south-west from Skadan lighthouse |

Geographical area

Species

Importance or particular characteristics

United Kingdom coast (6 to nautical 12 miles)

1.

East of Shetlands and Fair Isle between lines drawn due south-east from Sumburgh Head lighthouse due north-east from Skroo lighthouse and due south-west from Skadan lighthouse

Herring

Unlimited

| 2. | Berwick upon Tweed east, Flamborough Head east |
| --- | --- |

2.

Berwick upon Tweed east, Flamborough Head east

Herring

Unlimited

| 3. | North Foreland east, Dungeness new lighthouse south |
| --- | --- |

3.

North Foreland east, Dungeness new lighthouse south

Herring

Unlimited

E.   ACCESS FOR BELGIUM

| Geographical area | Species | Importance or particular characteristics |
| --- | --- | --- |
| United Kingdom coast (6 to nautical 12 miles) |
| 1. | Berwick upon Tweed east
  Coquer Island east |

Geographical area

Species

Importance or particular characteristics

United Kingdom coast (6 to nautical 12 miles)

1.

Berwick upon Tweed east

Coquer Island east

Herring

Unlimited

| 2. | Cromer north
  North Foreland east |
| --- | --- |

2.

Cromer north

North Foreland east

Demersal

Unlimited

| 3. | North Foreland east
  Dungeness new lighthouse south |
| --- | --- |

3.

North Foreland east

Dungeness new lighthouse south

Demersal

Unlimited

Herring

Unlimited

| 4. | Dungeness new lighthouse south, Selsey Bill south |
| --- | --- |

4.

Dungeness new lighthouse south, Selsey Bill south

Demersal

Unlimited

| 5. | Straight Point south-east, South Bishop north-west |
| --- | --- |

5.

Straight Point south-east, South Bishop north-west

Demersal

Unlimited

2.   COASTAL WATERS OF IRELAND

A.   ACCESS FOR FRANCE

| Geographical area | Species | Importance or particular characteristics |
| --- | --- | --- |
| Irish coast (6 to 12 nautical miles) |
| 1. | Erris Head north-west
  Sybil Point west |

Geographical area

Species

Importance or particular characteristics

Irish coast (6 to 12 nautical miles)

1.

Erris Head north-west

Sybil Point west

Demersal

Unlimited

Nephrops

Unlimited

| 2. | Mizen Head south
  Stags south |
| --- | --- |

2.

Mizen Head south

Stags south

Demersal

Unlimited

Nephrops

Unlimited

Mackerel

Unlimited

| 3. | Stags south
  Cork south |
| --- | --- |

3.

Stags south

Cork south

Demersal

Unlimited

Nephrops

Unlimited

Mackerel

Unlimited

Herring

Unlimited

| 4. | Cork south, Carnsore Point south |
| --- | --- |

4.

Cork south, Carnsore Point south

All species

Unlimited

| 5. | Carnsore Point south, Haulbowline south-east |
| --- | --- |

5.

Carnsore Point south, Haulbowline south-east

All species,

except shellfish

Unlimited

B.   ACCESS FOR THE UNITED KINGDOM

| Geographical area | Species | Importance or particular characteristics |
| --- | --- | --- |
| Irish coast (6 to 12 miles) |
| 1. | Mine Head south
  Hook Point |

Geographical area

Species

Importance or particular characteristics

Irish coast (6 to 12 miles)

1.

Mine Head south

Hook Point

Demersal

Unlimited

Herring

Unlimited

Mackerel

Unlimited

| 2. | Hook Point
  Carlingford Lough |
| --- | --- |

2.

Hook Point

Carlingford Lough

Demersal

Unlimited

Herring

Unlimited

Mackerel

Unlimited

Nephrops

Unlimited

Scallops

Unlimited

C.   ACCESS FOR THE NETHERLANDS

| Geographical area | Species | Importance or particular characteristics |
| --- | --- | --- |
| Irish coast (6 to 12 miles) |
| 1. | Stags south
  Carnsore Point south |

Geographical area

Species

Importance or particular characteristics

Irish coast (6 to 12 miles)

1.

Stags south

Carnsore Point south

Herring

Unlimited

Mackerel

Unlimited

D.   ACCESS FOR GERMANY

| Geographical area | Species | Importance or particular characteristics |
| --- | --- | --- |
| Irish coast (6 to 12 nautical miles) |
| 1. | Old Head of Kinsale south
  Carnsore Point south |

Geographical area

Species

Importance or particular characteristics

Irish coast (6 to 12 nautical miles)

1.

Old Head of Kinsale south

Carnsore Point south

Herring

Unlimited

| 2. | Cork south
  Carnsore Point south |
| --- | --- |

2.

Cork south

Carnsore Point south

Mackerel

Unlimited

E.   ACCESS FOR BELGIUM

| Geographical area | Species | Importance or particular characteristics |
| --- | --- | --- |
| Irish coast (6 to 12 nautical miles) |
| 1. | Cork south
  Carnsore Point south |

Geographical area

Species

Importance or particular characteristics

Irish coast (6 to 12 nautical miles)

1.

Cork south

Carnsore Point south

Demersal

Unlimited

| 2. | Wicklow Head east
  Carlingford Lough south-east |
| --- | --- |

2.

Wicklow Head east

Carlingford Lough south-east

Demersal

Unlimited

3.   COASTAL WATERS OF BELGIUM

| Geographical area | Member State | Species | Importance or particular characteristics |
| --- | --- | --- | --- |
| 3 to 12 nautical miles | Netherlands | All species | Unlimited |
| France | Herring | Unlimited |

Geographical area

Member State

Species

Importance or particular characteristics

3 to 12 nautical miles

Netherlands

All species

Unlimited

France

Herring

Unlimited

4.   COASTAL WATERS OF DENMARK

| Geographical areas | Member State | Species | Importance or particular characteristics |
| --- | --- | --- | --- |
| North Sea coast (Danish/German frontier to Hanstholm)
  (6 to 12 nautical miles) | Germany | Flatfish | Unlimited |
| Shrimps and prawns | Unlimited |
| Danish/German frontier to Blåvands Huk | Netherlands | Flatfish | Unlimited |
| Roundfish | Unlimited |
| Blåvands Huk to Bovbjerg | Belgium | Cod | Unlimited only during June and July |
| Haddock | Unlimited only during June and July |
| Germany | Flatfish | Unlimited |
| Netherlands | Plaice | Unlimited |
| Sole | Unlimited |
| Thyborøn to Hanstholm | Belgium | Whiting | Unlimited only during June and July |
| Plaice | Unlimited only during June and July |
| Germany | Flatfish | Unlimited |
| Sprat | Unlimited |
| Cod | Unlimited |
| Saithe | Unlimited |
| Haddock | Unlimited |
| Mackerel | Unlimited |
| Herring | Unlimited |
| Whiting | Unlimited |
| Netherlands | Cod | Unlimited |
| Plaice | Unlimited |
| Sole | Unlimited |
| Skagerrak
  (Hanstholm to Skagen)
  (4 to 12 nautical miles) | Belgium | Plaice | Unlimited only during June and July |
| Germany | Flatfish | Unlimited |
| Sprat | Unlimited |
| Cod | Unlimited |
| Saithe | Unlimited |
| Haddock | Unlimited |
| Mackerel | Unlimited |
| Herring | Unlimited |
| Whiting | Unlimited |
| Netherlands | Cod | Unlimited |
| Plaice | Unlimited |
| Sole | Unlimited |
| Kattegat
  (3 to 12 miles) | Germany | Cod | Unlimited |
| Flatfish | Unlimited |
| Nephrops | Unlimited |
| Herring | Unlimited |
| North of Zeeland to the parallel of the latitude passing through Forsnæs lighthouse | Germany | Sprat | Unlimited |
| Baltic Sea
  (including Belts, Sound, Bornholm) 3 to 12 nautical miles | Germany | Flatfish | Unlimited |
| Cod | Unlimited |
| Herring | Unlimited |
| Sprat | Unlimited |
| Eel | Unlimited |
| Salmon | Unlimited |
| Whiting | Unlimited |
| Mackerel | Unlimited |
| Skagerrak
  (4 to 12 miles) | Sweden | All species | Unlimited |
| Kattegat
  (3 (*) to 12 miles) | Sweden | All species | Unlimited |
| Baltic Sea
  (3 to 12 miles) | Sweden | All species | Unlimited |

Geographical areas

Member State

Species

Importance or particular characteristics

North Sea coast (Danish/German frontier to Hanstholm)

(6 to 12 nautical miles)

Germany

Flatfish

Unlimited

Shrimps and prawns

Unlimited

Danish/German frontier to Blåvands Huk

Netherlands

Flatfish

Unlimited

Roundfish

Unlimited

Blåvands Huk to Bovbjerg

Belgium

Cod

Unlimited only during June and July

Haddock

Unlimited only during June and July

Germany

Flatfish

Unlimited

Netherlands

Plaice

Unlimited

Sole

Unlimited

Thyborøn to Hanstholm

Belgium

Whiting

Unlimited only during June and July

Plaice

Unlimited only during June and July

Germany

Flatfish

Unlimited

Sprat

Unlimited

Cod

Unlimited

Saithe

Unlimited

Haddock

Unlimited

Mackerel

Unlimited

Herring

Unlimited

Whiting

Unlimited

Netherlands

Cod

Unlimited

Plaice

Unlimited

Sole

Unlimited

Skagerrak

(Hanstholm to Skagen)

(4 to 12 nautical miles)

Belgium

Plaice

Unlimited only during June and July

Germany

Flatfish

Unlimited

Sprat

Unlimited

Cod

Unlimited

Saithe

Unlimited

Haddock

Unlimited

Mackerel

Unlimited

Herring

Unlimited

Whiting

Unlimited

Netherlands

Cod

Unlimited

Plaice

Unlimited

Sole

Unlimited

Kattegat

(3 to 12 miles)

Germany

Cod

Unlimited

Flatfish

Unlimited

Nephrops

Unlimited

Herring

Unlimited

North of Zeeland to the parallel of the latitude passing through Forsnæs lighthouse

Germany

Sprat

Unlimited

Baltic Sea

(including Belts, Sound, Bornholm) 3 to 12 nautical miles

Germany

Flatfish

Unlimited

Cod

Unlimited

Herring

Unlimited

Sprat

Unlimited

Eel

Unlimited

Salmon

Unlimited

Whiting

Unlimited

Mackerel

Unlimited

Skagerrak

(4 to 12 miles)

Sweden

All species

Unlimited

Kattegat

(3 (*) to 12 miles)

Sweden

All species

Unlimited

Baltic Sea

(3 to 12 miles)

Sweden

All species

Unlimited

5.   COASTAL WATERS OF GERMANY

| Geographical area | Member State | Species | Importance or particular characteristics |
| --- | --- | --- | --- |
| North Sea coast
  (3 to 12 nautical miles)
  all coasts | Denmark | Demersal | Unlimited |
| Sprat | Unlimited |
| Sand-eel | Unlimited |
| Netherlands | Demersal | Unlimited |
| Shrimps and prawns | Unlimited |
| Danish/German frontier to the northern tip of Amrum at 54o43′N | Denmark | Shrimps and prawns | Unlimited |
| Zone around Helgoland | United Kingdom | Cod | Unlimited |
| Plaice | Unlimited |
| Baltic coast
  (3 to 12 miles) | Denmark | Cod | Unlimited |
| Plaice | Unlimited |
| Herring | Unlimited |
| Sprat | Unlimited |
| Eel | Unlimited |
| Whiting | Unlimited |
| Mackerel | Unlimited |

Geographical area

Member State

Species

Importance or particular characteristics

North Sea coast

(3 to 12 nautical miles)

all coasts

Denmark

Demersal

Unlimited

Sprat

Unlimited

Sand-eel

Unlimited

Netherlands

Demersal

Unlimited

Shrimps and prawns

Unlimited

Danish/German frontier to the northern tip of Amrum at 54o43′N

Denmark

Shrimps and prawns

Unlimited

Zone around Helgoland

United Kingdom

Cod

Unlimited

Plaice

Unlimited

Baltic coast

(3 to 12 miles)

Denmark

Cod

Unlimited

Plaice

Unlimited

Herring

Unlimited

Sprat

Unlimited

Eel

Unlimited

Whiting

Unlimited

Mackerel

Unlimited

6.   COASTAL WATERS OF FRANCE AND THE OVERSEAS DEPARTMENTS

| Geographical area | Member State | Species | Importance or particular characteristics |
| --- | --- | --- | --- |
| North-east Atlantic coast (6 to 12 nautical miles) |
| Belgian/French frontier to east of Departement Manche (Vire-Grandcamp les Bains estuary 49o 23' 30" N-1o 2 'WNNE) | Belgium | Demersal | Unlimited |
| Scallops | Unlimited |
| Netherlands | All species | Unlimited |
| Dunkerque (2o 20' E) to Cap d'Antifer (0o 10' E) | Germany | Herring | Unlimited only during October to December |
| Belgian/French frontier to Cap d'Alprech west (50o 42 30" N — 1o 33' 30" E) | United Kingdom | Herring | Unlimited |
| Atlantic Coast (6 to 12 nautical miles) |
| Spanish/French frontier to 46o 08′ N | Spain | Anchovies | Directed fishing, unlimited only from 1 March to 30 June |
| Fishing for live bait from 1 July to 31 October only. |
| Sardines | Unlimited only from 1 January to 28 February and from 1 July to 31 December, |
| In addition, activities relating to the abovementioned species must be pursued in accordance with and within the limits of the activities pursued during 1984 |
| Mediterranean coast (6 to 12 nautical miles) |
| Spanish frontier Cap Leucate | Spain | All species | Unlimited |

Geographical area

Member State

Species

Importance or particular characteristics

North-east Atlantic coast (6 to 12 nautical miles)

Belgian/French frontier to east of Departement Manche (Vire-Grandcamp les Bains estuary 49o 23' 30" N-1o 2 'WNNE)

Belgium

Demersal

Unlimited

Scallops

Unlimited

Netherlands

All species

Unlimited

Dunkerque (2o 20' E) to Cap d'Antifer (0o 10' E)

Germany

Herring

Unlimited only during October to December

Belgian/French frontier to Cap d'Alprech west (50o 42 30" N — 1o 33' 30" E)

United Kingdom

Herring

Unlimited

Atlantic Coast (6 to 12 nautical miles)

Spanish/French frontier to 46o 08′ N

Spain

Anchovies

Directed fishing, unlimited only from 1 March to 30 June

Fishing for live bait from 1 July to 31 October only.

Sardines

Unlimited only from 1 January to 28 February and from 1 July to 31 December,

In addition, activities relating to the abovementioned species must be pursued in accordance with and within the limits of the activities pursued during 1984

Mediterranean coast (6 to 12 nautical miles)

Spanish frontier Cap Leucate

Spain

All species

Unlimited

7.   COASTAL WATERS OF SPAIN

| Geographical area | Member State | Species | Importance or particular characteristics |
| --- | --- | --- | --- |
| Atlantic coast (6 to 12 nautical miles) |
| French/Spanish frontier to Cap Mayor lighthouse (3o 47' W) | France | Pelagic | Unlimited in accordance with and within the limits of the activities pursued during 1984 |
| Mediterranean coast (6 to 12 nautical miles) |
| French frontier/Cap Creus | France | All species | Unlimited |

Geographical area

Member State

Species

Importance or particular characteristics

Atlantic coast (6 to 12 nautical miles)

French/Spanish frontier to Cap Mayor lighthouse (3o 47' W)

France

Pelagic

Unlimited in accordance with and within the limits of the activities pursued during 1984

Mediterranean coast (6 to 12 nautical miles)

French frontier/Cap Creus

France

All species

Unlimited

8.   COASTAL WATERS OF THE NETHERLANDS

| Geographical area | Member State | Species | Importance or particular characteristics |
| --- | --- | --- | --- |
| (3 to 12 nautical miles) whole coast | Belgium | All species | Unlimited |
| Denmark | Demersal | Unlimited |
| Sprat | Unlimited |
| Sandeel | Unlimited |
| Horse mackerel | Unlimited |
| Germany | Cod | Unlimited |
| Shrimps and prawns | Unlimited |
| (6 to 12 nautical miles) whole coast | France | All species | Unlimited |
| Texel south point, west to the Netherlands/German frontier | United Kingdom | Demersal | Unlimited |

Geographical area

Member State

Species

Importance or particular characteristics

(3 to 12 nautical miles) whole coast

Belgium

All species

Unlimited

Denmark

Demersal

Unlimited

Sprat

Unlimited

Sandeel

Unlimited

Horse mackerel

Unlimited

Germany

Cod

Unlimited

Shrimps and prawns

Unlimited

(6 to 12 nautical miles) whole coast

France

All species

Unlimited

Texel south point, west to the Netherlands/German frontier

United Kingdom

Demersal

Unlimited

9.   COASTAL WATERS OF FINLAND

| Geographical area | Member State | Species | Importance or particular characteristics |
| --- | --- | --- | --- |
| Baltic Sea (4 to 12 miles) (**) | Sweden | All species | Unlimited |

Geographical area

Member State

Species

Importance or particular characteristics

Baltic Sea (4 to 12 miles) (**)

Sweden

All species

Unlimited

10.   COASTAL WATERS OF SWEDEN

| Geographical area | Member State | Species | Importance or particular characteristics |
| --- | --- | --- | --- |
| Skagerrak (4 to 12 nautical miles) | Denmark | All species | Unlimited |
| Kattegat (3 (***) to 12 miles) | Denmark | All species | Unlimited |
| Baltic Sea (4 to 12 miles) | Denmark | All species | Unlimited |
| Finland | All species | Unlimited |

Geographical area

Member State

Species

Importance or particular characteristics

Skagerrak (4 to 12 nautical miles)

Denmark

All species

Unlimited

Kattegat (3 (***) to 12 miles)

Denmark

All species

Unlimited

Baltic Sea (4 to 12 miles)

Denmark

All species

Unlimited

Finland

All species

Unlimited

---

(*)  Measured from the coast line.

(**)  3 to 12 miles around Bogskär Isles.

(***)  Measured from the coastline

ANNEX II

FISHING CAPACITY CEILINGS

Capacity ceilings (based on the situation on 31 December 2010)

| Member State | GT | kW |
| --- | --- | --- |
| Belgium | 18 911 | 51 585 |
| Bulgaria | 8 448 | 67 607 |
| Denmark | 88 528 | 313 341 |
| Germany | 71 114 | 167 089 |
| Estonia | 22 057 | 53 770 |
| Ireland | 77 254 | 210 083 |
| Greece | 91 245 | 514 198 |
| Spain (including outermost regions) | 446 309 | 1 021 154 |
| France (including outermost regions) | 219 215 | 1 194 360 |
| Italy | 192 963 | 1 158 837 |
| Cyprus | 11 193 | 48 508 |
| Latvia | 49 067 | 65 196 |
| Lithuania | 73 489 | 73 516 |
| Malta | 15 055 | 96 912 |
| Netherlands | 166 384 | 350 736 |
| Poland | 38 376 | 92 745 |
| Portugal (including outermost regions) | 115 305 | 388 054 |
| Romania | 1 885 | 6 716 |
| Slovenia | 1 057 | 10 974 |
| Finland | 18 187 | 182 385 |
| Sweden | 42 612 | 210 744 |
| United Kingdom | 235 570 | 924 739 |
| Outermost regions of the EU | GT | kW |
| Spain |
| Canary Islands: L< 12 m. EU waters | 2 649 | 21 219 |
| Canary Islands: L > 12 m. EU waters | 3 059 | 10 364 |
| Canary Islands: L > 12 m. International and third country waters | 28 823 | 45 593 |
| France |
| Reunion Island: Demersal and pelagic species. L < 12 m | 1 050 | 19 320 |
| Reunion Island: Pelagic species. L > 12 m | 10 002 | 31 465 |
| French Guyana: Demersal and pelagic species. Length < 12 m | 903 | 11 644 |
| French Guyana: Shrimp vessels | 7 560 | 19 726 |
| French Guyana: Pelagic species. Offshore vessels. | 3 500 | 5 000 |
| Martinique: Demersal and pelagic species. L < 12 m | 5 409 | 142 116 |
| Martinique: Pelagic species. L > 12 m | 1 046 | 3 294 |
| Guadeloupe: Demersal and pelagic species. L < 12 m | 6 188 | 162 590 |
| Guadeloupe: Pelagic species. L > 12 m | 500 | 1 750 |
| Portugal |
| Madeira: Demersal species. L < 12 m | 617 | 4 134 |
| Madeira: Demersal and pelagic species. L > 12 m | 4 114 | 12 734 |
| Madeira: Pelagic species. Seine. L > 12 m | 181 | 777 |
| Azores: Demersal species. L < 12 m | 2 626 | 29 895 |
| Azores: Demersal and pelagic species. L > 12 m | 12 979 | 25 721 |
| L means length overall |

Member State

GT

kW

Belgium

18 911

51 585

Bulgaria

8 448

67 607

Denmark

88 528

313 341

Germany

71 114

167 089

Estonia

22 057

53 770

Ireland

77 254

210 083

Greece

91 245

514 198

Spain (including outermost regions)

446 309

1 021 154

France (including outermost regions)

219 215

1 194 360

Italy

192 963

1 158 837

Cyprus

11 193

48 508

Latvia

49 067

65 196

Lithuania

73 489

73 516

Malta

15 055

96 912

Netherlands

166 384

350 736

Poland

38 376

92 745

Portugal (including outermost regions)

115 305

388 054

Romania

1 885

6 716

Slovenia

1 057

10 974

Finland

18 187

182 385

Sweden

42 612

210 744

United Kingdom

235 570

924 739

Outermost regions of the EU

GT

kW

Spain

Canary Islands: L< 12 m. EU waters

2 649

21 219

Canary Islands: L > 12 m. EU waters

3 059

10 364

Canary Islands: L > 12 m. International and third country waters

28 823

45 593

France

Reunion Island: Demersal and pelagic species. L < 12 m

1 050

19 320

Reunion Island: Pelagic species. L > 12 m

10 002

31 465

French Guyana: Demersal and pelagic species. Length < 12 m

903

11 644

French Guyana: Shrimp vessels

7 560

19 726

French Guyana: Pelagic species. Offshore vessels.

3 500

5 000

Martinique: Demersal and pelagic species. L < 12 m

5 409

142 116

Martinique: Pelagic species. L > 12 m

1 046

3 294

Guadeloupe: Demersal and pelagic species. L < 12 m

6 188

162 590

Guadeloupe: Pelagic species. L > 12 m

500

1 750

Portugal

Madeira: Demersal species. L < 12 m

617

4 134

Madeira: Demersal and pelagic species. L > 12 m

4 114

12 734

Madeira: Pelagic species. Seine. L > 12 m

181

777

Azores: Demersal species. L < 12 m

2 626

29 895

Azores: Demersal and pelagic species. L > 12 m

12 979

25 721

L means length overall

ANNEX III

ADVISORY COUNCILS

| Name of the Advisory Council | Area of competence |
| --- | --- |
| Baltic Sea | ICES (1) zones IIIb, IIIc and IIId |
| Mediterranean Sea | Maritime Waters of the Mediterranean of the East of line 5o36' West |
| North Sea | ICES zones IV and IIIa |
| North Western waters | ICES zones V (excluding Va and only Union waters of Vb), VI and VII |
| South Western waters | ICES zones VIII, IX and X (waters around Azores), and CECAF (2) zones 34.1.1, 34.1.2 and 34.2.0 (waters around Madeira and the Canary Islands) |
| Pelagic stocks (blue whiting, mackerel, horse mackerel, herring) | All areas competence (excluding the Baltic Sea, the Mediterranean Sea and Aquaculture) |
| High seas/long distance fleet | All non Union-waters |
| Aquaculture
  and Inland Fishing | Aquaculture, as defined in Article 5
  and all inland waters of the Member States of the Union |
| Outermost regions, divided into three sea basins: West Atlantic, East Atlantic, Indian Ocean | All the ICES zones covering water around the outermost regions, particularly the maritime waters of Guadeloupe, French Guiana, Martinique, the Canary Islands, the Azores, Madeira and Reunion |
| Black Sea Advisory Council | GFCM geographical sub-area as defined in Resolution GFCM/33/2009/2 |
| Markets Advisory Council | All market areas |

Name of the Advisory Council

Area of competence

Baltic Sea

ICES (1) zones IIIb, IIIc and IIId

Mediterranean Sea

Maritime Waters of the Mediterranean of the East of line 5o36' West

North Sea

ICES zones IV and IIIa

North Western waters

ICES zones V (excluding Va and only Union waters of Vb), VI and VII

South Western waters

ICES zones VIII, IX and X (waters around Azores), and CECAF (2) zones 34.1.1, 34.1.2 and 34.2.0 (waters around Madeira and the Canary Islands)

Pelagic stocks (blue whiting, mackerel, horse mackerel, herring)

All areas competence (excluding the Baltic Sea, the Mediterranean Sea and Aquaculture)

High seas/long distance fleet

All non Union-waters

Aquaculture
  and Inland Fishing

Aquaculture, as defined in Article 5
  and all inland waters of the Member States of the Union

Outermost regions, divided into three sea basins: West Atlantic, East Atlantic, Indian Ocean

All the ICES zones covering water around the outermost regions, particularly the maritime waters of Guadeloupe, French Guiana, Martinique, the Canary Islands, the Azores, Madeira and Reunion

Black Sea Advisory Council

GFCM geographical sub-area as defined in Resolution GFCM/33/2009/2

Markets Advisory Council

All market areas

[Am. 211]

---

(1)  ICES (International Council for the Exploration of the Sea) zones are as defined in Regulation (EC) No 218/2009 of the European Parliament and of the Council (OJ L 87, 31.3.2009, p. 70).

(2)  CECAF (Eastern Central Atlantic or FAO major fishing zone 34) zones are as defined in Regulation (EC) No 216/2009 of the European Parliament and of the Council (OJ L 87, 31.3.2009, p. 1).

---

| 22.1.2016 | EN | Official Journal of the European Union | C 24/195 |
| --- | --- | --- | --- |

22.1.2016

EN

Official Journal of the European Union

C 24/195

---

P7_TA(2013)0041

Sound level of motor vehicles ***I

European Parliament legislative resolution of 6 February 2013 on the proposal for a regulation of the European Parliament and of the Council on the sound level of motor vehicles (COM(2011)0856 — C7-0487/2011 — 2011/0409(COD))

(Ordinary legislative procedure: first reading)

(2016/C 024/23)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2011)0856), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2011)0856),

| — | 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 (C7-0487/2011), |
| --- | --- |

—

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 (C7-0487/2011),

| — | 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 the opinion of the European Economic and Social Committee of 25 April 2012 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 25 April 2012 (1),

| — | having regard to Rules 55 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinions of the Committee on Internal Market and Consumer Protection and the Committee on Transport and Tourism (A7-0435/2012), |
| --- | --- |

—

having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinions of the Committee on Internal Market and Consumer Protection and the Committee on Transport and Tourism (A7-0435/2012),

| 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 191, 29.6.2012, p. 76.

---

P7_TC1-COD(2011)0409

Position of the European Parliament adopted at first reading on 6 February 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council on the sound level of motor vehicles

(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) | The internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital must be ensured. To that end a comprehensive Union type-approval system for motor vehicles is in place
  , as road vehicles are the biggest source of noise within the transport sector
  . The technical requirements for the type-approval of motor vehicles and their exhaust systems with regard to permissible sound levels should be harmonised to avoid the adoption of requirements that differ from one Member State to another and to ensure the proper functioning of the internal market while, at the same time, providing for a high level of environmental protection and public safety
  and a better quality of life and health
  .
  The Commission should also undertake an impact assessment regarding the labelling conditions applicable to air and noise pollution levels. That impact assessment should take into consideration the different types of vehicles covered by this Regulation (including electric vehicles) as well as the effect that such labelling could have on the car industry. Such labelling could be considered a useful tool for raising awareness among consumers and protecting their rights as regards transparency prior to the purchase of a vehicle
  . [Am. 1] |
| --- | --- |

(1)

The internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital must be ensured. To that end a comprehensive Union type-approval system for motor vehicles is in place
  , as road vehicles are the biggest source of noise within the transport sector
  . The technical requirements for the type-approval of motor vehicles and their exhaust systems with regard to permissible sound levels should be harmonised to avoid the adoption of requirements that differ from one Member State to another and to ensure the proper functioning of the internal market while, at the same time, providing for a high level of environmental protection and public safety
  and a better quality of life and health
  .
  The Commission should also undertake an impact assessment regarding the labelling conditions applicable to air and noise pollution levels. That impact assessment should take into consideration the different types of vehicles covered by this Regulation (including electric vehicles) as well as the effect that such labelling could have on the car industry. Such labelling could be considered a useful tool for raising awareness among consumers and protecting their rights as regards transparency prior to the purchase of a vehicle
  . [Am. 1]

| (1a) | EU type approval requirements already apply for the purposes of relevant Union legislation governing CO2-emissions including Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information

   (3)

  , Regulation (EC) No 443/2009 of the European Parliament and of the Council of 23 April 2009 setting emission performance standards for new passenger cars as part of the Community's integrated approach to reduce CO2 emissions from light-duty vehicles

   (4)

  , Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance information

   (5)

  , and Regulation (EU) No 510/2011 of the European Parliament and of the Council of 11 May 2011 setting emission performance standards for new light commercial vehicles as part of the Union's integrated approach to reduce CO2 emissions from light-duty vehicles

   (6)

  . The technical requirements which apply to Union legislation governing CO2 emissions and pollutant emission limit values should be consistent with the requirements which apply to legislation governing the reduction of noise emissions. EU type-approval requirements should therefore be set in a way which ensures that these dual objectives are met. [Am. 2] |
| --- | --- |

(1a)

EU type approval requirements already apply for the purposes of relevant Union legislation governing CO2-emissions including Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information

   (3)

  , Regulation (EC) No 443/2009 of the European Parliament and of the Council of 23 April 2009 setting emission performance standards for new passenger cars as part of the Community's integrated approach to reduce CO2 emissions from light-duty vehicles

   (4)

  , Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance information

   (5)

  , and Regulation (EU) No 510/2011 of the European Parliament and of the Council of 11 May 2011 setting emission performance standards for new light commercial vehicles as part of the Union's integrated approach to reduce CO2 emissions from light-duty vehicles

   (6)

  . The technical requirements which apply to Union legislation governing CO2 emissions and pollutant emission limit values should be consistent with the requirements which apply to legislation governing the reduction of noise emissions. EU type-approval requirements should therefore be set in a way which ensures that these dual objectives are met. [Am. 2]

| (1b) | Traffic noise harms health in numerous ways. Protracted noise-related stress may exhaust physical reserves, disrupt the regulatory capacity of organ functions and hence limit their effectiveness. Traffic noise is a potential risk factor for the development of medical conditions and incidents such as high blood pressure and heart attacks. The effects should be further researched in the same spirit as provided for in Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise

   (7)
  . [Am. 3] |
| --- | --- |

(1b)

Traffic noise harms health in numerous ways. Protracted noise-related stress may exhaust physical reserves, disrupt the regulatory capacity of organ functions and hence limit their effectiveness. Traffic noise is a potential risk factor for the development of medical conditions and incidents such as high blood pressure and heart attacks. The effects should be further researched in the same spirit as provided for in Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise

   (7)
  . [Am. 3]

| (2) | 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 (8) harmonised the different technical requirements of Member States relating to the permissible sound level of motor vehicles and of their exhaust systems for the purpose of the establishment and operation of the internal market. For the purposes of the good functioning of the internal market and in order to ensure a uniform and consistent application throughout the Union, it is appropriate to replace that Directive by a Regulation. |
| --- | --- |

(2)

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 (8) harmonised the different technical requirements of Member States relating to the permissible sound level of motor vehicles and of their exhaust systems for the purpose of the establishment and operation of the internal market. For the purposes of the good functioning of the internal market and in order to ensure a uniform and consistent application throughout the Union, it is appropriate to replace that Directive by a Regulation.

| (3) | This Regulation is a separate Regulation in the context of the type-approval procedure under 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) (9). |
| --- | --- |

(3)

This Regulation is a separate Regulation in the context of the type-approval procedure under 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) (9).

| (4) | Directive 70/157/EEC refers to Regulation No 51 (10) of the United Nations Economic Commission for Europe (UNECE) on noise emissions, to which the Union is a Contracting Party, which specifies the test method for noise emissions. |
| --- | --- |

(4)

Directive 70/157/EEC refers to Regulation No 51 (10) of the United Nations Economic Commission for Europe (UNECE) on noise emissions, to which the Union is a Contracting Party, which specifies the test method for noise emissions.

| (5) | Since its adoption, Directive 70/157/EEC has been substantially amended several times. The most recent reduction of noise limits for motor vehicles, introduced in 1995, did not have the expected effects. Studies showed that the test method used under the Directive no longer reflected real life driving behaviour in urban traffic. In particular, as pointed out in the Green paper concerning the Future Noise Policy of 1996 (11), the contribution of tyre rolling noise to the total noise emission was underestimated in the test method. |
| --- | --- |

(5)

Since its adoption, Directive 70/157/EEC has been substantially amended several times. The most recent reduction of noise limits for motor vehicles, introduced in 1995, did not have the expected effects. Studies showed that the test method used under the Directive no longer reflected real life driving behaviour in urban traffic. In particular, as pointed out in the Green paper concerning the Future Noise Policy of 1996 (11), the contribution of tyre rolling noise to the total noise emission was underestimated in the test method.

| (6) | This Regulation should therefore introduce a different method in relation to the compulsory one of Directive 70/157/EEC. That method should be based on the method published by the UNECE Working Party on Noise (GRB) in 2007 which incorporated a 2007 version of the standard ISO 362 (12). The results of monitoring of both the old and the new test methods were submitted to the Commission.
  Furthermore, in order to overcome the shortcomings inherent in the previous test method, the Commission should, within 24 months of the entry into force of this Regulation, submit an impact assessment to the European Parliament and to the Council on the effective contribution of tyre rolling equipment in reducing the noise level of vehicles, focussing on the road surface impact, and the research needs in this specific field, in view of adopting a new European test method which also takes into account road surface behaviour. [Am. 4] |
| --- | --- |

(6)

This Regulation should therefore introduce a different method in relation to the compulsory one of Directive 70/157/EEC. That method should be based on the method published by the UNECE Working Party on Noise (GRB) in 2007 which incorporated a 2007 version of the standard ISO 362 (12). The results of monitoring of both the old and the new test methods were submitted to the Commission.
  Furthermore, in order to overcome the shortcomings inherent in the previous test method, the Commission should, within 24 months of the entry into force of this Regulation, submit an impact assessment to the European Parliament and to the Council on the effective contribution of tyre rolling equipment in reducing the noise level of vehicles, focussing on the road surface impact, and the research needs in this specific field, in view of adopting a new European test method which also takes into account road surface behaviour. [Am. 4]

| (7) | The representativeness of the new test method for the noise emission during normal traffic conditions is considered good, but it is less representative for noise emissions under worst case conditions. Therefore, it is necessary to implement in this Regulation additional sound emission provisions. Those provisions establish preventive requirements intended to cover driving conditions of the vehicle in real traffic outside the type-approval driving cycle. Those driving conditions are environmentally relevant and it needs to be ensured that the sound emission of a vehicle under street driving conditions does not differ significantly from what can be expected from the type-approval test result for the specific vehicle. |
| --- | --- |

(7)

The representativeness of the new test method for the noise emission during normal traffic conditions is considered good, but it is less representative for noise emissions under worst case conditions. Therefore, it is necessary to implement in this Regulation additional sound emission provisions. Those provisions establish preventive requirements intended to cover driving conditions of the vehicle in real traffic outside the type-approval driving cycle. Those driving conditions are environmentally relevant and it needs to be ensured that the sound emission of a vehicle under street driving conditions does not differ significantly from what can be expected from the type-approval test result for the specific vehicle.

| (8) | This Regulation should also further reduce noise limits. It should take account of Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefore (13), which introduced new stricter noise requirements for motor vehicle tyres. Studies

  and which underlined the need for a coherent and comprehensive approach to address the problem of road noise, including taking into account the significant contribution of road surfaces to road noise
  .
  That horizontal approach will more efficiently reduce the overall road traffic noise compared to a sectoral and vertical approach. The reduction of road traffic noise should also be understood as a public health objective, considering studies
  highlighting the annoyance and health effects from road traffic noise (14)
   (15), and the associated costs and benefits (16)
  should also be heeded

  This Regulation should also take account of Regulation (EC) No 1222/2009 of the European Parliament and of the Council of 25 November 2009 on the labelling of tyres with respect to fuel efficiency and other essential parameters

   (17)
  . The Commission should ensure that tyres are labelled with respect to their noise performance. In addition, the comparability of modes of transport from the point of view of environmental noise should be taken into account. [Am. 5] |
| --- | --- |

(8)

This Regulation should also further reduce noise limits. It should take account of Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefore (13), which introduced new stricter noise requirements for motor vehicle tyres. Studies

  and which underlined the need for a coherent and comprehensive approach to address the problem of road noise, including taking into account the significant contribution of road surfaces to road noise
  .
  That horizontal approach will more efficiently reduce the overall road traffic noise compared to a sectoral and vertical approach. The reduction of road traffic noise should also be understood as a public health objective, considering studies
  highlighting the annoyance and health effects from road traffic noise (14)
   (15), and the associated costs and benefits (16)
  should also be heeded

  This Regulation should also take account of Regulation (EC) No 1222/2009 of the European Parliament and of the Council of 25 November 2009 on the labelling of tyres with respect to fuel efficiency and other essential parameters

   (17)
  . The Commission should ensure that tyres are labelled with respect to their noise performance. In addition, the comparability of modes of transport from the point of view of environmental noise should be taken into account. [Am. 5]

| (8a) | The Commission should publish ‘silent road’ guidelines, addressed to road authorities in order to provide them with a useful tool to comply with requirements for more sustainable road infrastructure. [Am. 6] |
| --- | --- |

(8a)

The Commission should publish ‘silent road’ guidelines, addressed to road authorities in order to provide them with a useful tool to comply with requirements for more sustainable road infrastructure. [Am. 6]

| (8b) | The Sixth Environment Action Programme set out the framework for environmental policy-making in the Union for the period 2002-2012. The programme called for actions in the field of noise pollution to substantially reduce the number of people regularly affected by long-term average levels of noise, particularly from traffic. [Am. 7] |
| --- | --- |

(8b)

The Sixth Environment Action Programme set out the framework for environmental policy-making in the Union for the period 2002-2012. The programme called for actions in the field of noise pollution to substantially reduce the number of people regularly affected by long-term average levels of noise, particularly from traffic. [Am. 7]

| (8c) | Technical measures to reduce the sound level of motor vehicles have to meet a set of competing requirements, such as those of reducing noise and pollutant emissions and improving safety whilst keeping the vehicle in question as cheap and effective as possible. In attempting to meet all these requirements equally and strike a balance between them, the automobile industry all too often runs up against the limits of what is currently physically feasible. Automobile designers have repeatedly managed to push those limits back by using new, innovative materials and methods. Legislation must set a clear framework for innovation in a realistic time frame. This Regulation establishes just such a framework and thus provides an immediate incentive for innovation in keeping with the needs of society, whilst in no way restricting the economic freedom so vital to the industry. [Am. 8] |
| --- | --- |

(8c)

Technical measures to reduce the sound level of motor vehicles have to meet a set of competing requirements, such as those of reducing noise and pollutant emissions and improving safety whilst keeping the vehicle in question as cheap and effective as possible. In attempting to meet all these requirements equally and strike a balance between them, the automobile industry all too often runs up against the limits of what is currently physically feasible. Automobile designers have repeatedly managed to push those limits back by using new, innovative materials and methods. Legislation must set a clear framework for innovation in a realistic time frame. This Regulation establishes just such a framework and thus provides an immediate incentive for innovation in keeping with the needs of society, whilst in no way restricting the economic freedom so vital to the industry. [Am. 8]

| (8d) | Noise pollution is primarily a local problem, but one which calls for a Union-wide solution. After all, the first step in any sustainable noise emissions policy must be to devise measures to reduce sound levels at source. The noise source, that is the motor vehicle, which is the target of this Regulation, is by definition a mobile one, so that purely national measures would not be sufficient. [Am. 9] |
| --- | --- |

(8d)

Noise pollution is primarily a local problem, but one which calls for a Union-wide solution. After all, the first step in any sustainable noise emissions policy must be to devise measures to reduce sound levels at source. The noise source, that is the motor vehicle, which is the target of this Regulation, is by definition a mobile one, so that purely national measures would not be sufficient. [Am. 9]

| (8e) | Major steps can be taken to develop and enhance infrastructure in a manner that maximises vehicle noise reduction, such as through the large-scale use of noise barriers. [Am. 10] |
| --- | --- |

(8e)

Major steps can be taken to develop and enhance infrastructure in a manner that maximises vehicle noise reduction, such as through the large-scale use of noise barriers. [Am. 10]

| (9) | The overall limit values should be reduced with regards to all noise sources of motor vehicles including the air intake over the power train and the exhaust taking into account of the tyre contribution to noise reduction addressed in Regulation (EC) No 661/2009. |
| --- | --- |

(9)

The overall limit values should be reduced with regards to all noise sources of motor vehicles including the air intake over the power train and the exhaust taking into account of the tyre contribution to noise reduction addressed in Regulation (EC) No 661/2009.

| (9a) | The provision of information on sound emissions to consumers, fleet managers and public authorities may influence purchasing decisions and accelerate the transition to a quieter vehicle fleet. In order to provide the necessary information to consumers the manufacturer should provide information on noise levels of vehicles in accordance with harmonised testing methods at the point of sale and in technical promotional material. A label, comparable to the labels used for information on CO2 emissions, fuel-consumption and tyre-noise, should inform consumers of the sound emissions of a vehicle. [Am. 11] |
| --- | --- |

(9a)

The provision of information on sound emissions to consumers, fleet managers and public authorities may influence purchasing decisions and accelerate the transition to a quieter vehicle fleet. In order to provide the necessary information to consumers the manufacturer should provide information on noise levels of vehicles in accordance with harmonised testing methods at the point of sale and in technical promotional material. A label, comparable to the labels used for information on CO2 emissions, fuel-consumption and tyre-noise, should inform consumers of the sound emissions of a vehicle. [Am. 11]

| (9b) | Information relating to noise, including test data, should be made available and clearly displayed at points of sale and in promotional materials for vehicles. [Am. 18] |
| --- | --- |

(9b)

Information relating to noise, including test data, should be made available and clearly displayed at points of sale and in promotional materials for vehicles. [Am. 18]

| (9c) | In order to reduce road traffic noise, public authorities may put in place measures and incentives to accelerate the purchase and use of quieter vehicles. [Am. 12] |
| --- | --- |

(9c)

In order to reduce road traffic noise, public authorities may put in place measures and incentives to accelerate the purchase and use of quieter vehicles. [Am. 12]

| (9d) | Vehicle noise levels are partially dependent on the environment in which the vehicles are travelling, in particular the quality of the road infrastructure and how smart traffic management systems are. Thought should therefore be given to adopting an integrated approach, in particular in the noisiest urban areas and in cases where swift action is required. [Am. 13] |
| --- | --- |

(9d)

Vehicle noise levels are partially dependent on the environment in which the vehicles are travelling, in particular the quality of the road infrastructure and how smart traffic management systems are. Thought should therefore be given to adopting an integrated approach, in particular in the noisiest urban areas and in cases where swift action is required. [Am. 13]

| (9e) | When cars are driven at average speeds below 45 km/h the loudest noises are those generated by the engine and exhaust, and when they are driven at higher speeds tyre and wind noise are the loudest. These noises are generated regardless of engine type and power. Developments in vehicle design since the 1970s have made engines much quieter, but on average more powerful and heavier. Heavier engines and more elaborate safety features have served to increase the overall weight of vehicles, creating a need to increase the area of tyre which comes into contact with the road surface, in order to improve vehicle stability. Every increase in the width of that contact area leads to an increase in tyre noise. [Am. 14] |
| --- | --- |

(9e)

When cars are driven at average speeds below 45 km/h the loudest noises are those generated by the engine and exhaust, and when they are driven at higher speeds tyre and wind noise are the loudest. These noises are generated regardless of engine type and power. Developments in vehicle design since the 1970s have made engines much quieter, but on average more powerful and heavier. Heavier engines and more elaborate safety features have served to increase the overall weight of vehicles, creating a need to increase the area of tyre which comes into contact with the road surface, in order to improve vehicle stability. Every increase in the width of that contact area leads to an increase in tyre noise. [Am. 14]

| (9f) | Noise is a multifaceted issue with multiple sources and factors that affect the sound received by people and the impact upon them. Legislation to reduce traffic noise needs to reflect these aspects by taking account of engine, vehicle and tyre noise, road surface, driving behaviour and traffic management and must be addressed in legislation such as the Regulation (EC) No 1222/2009 and Directive 2002/49/EC. [Am. 15] |
| --- | --- |

(9f)

Noise is a multifaceted issue with multiple sources and factors that affect the sound received by people and the impact upon them. Legislation to reduce traffic noise needs to reflect these aspects by taking account of engine, vehicle and tyre noise, road surface, driving behaviour and traffic management and must be addressed in legislation such as the Regulation (EC) No 1222/2009 and Directive 2002/49/EC. [Am. 15]

| (10) | The environmental benefits expected from hybrid electric and pure electric road transport vehicles have resulted in a substantial reduction of the noise emitted by such vehicles. This has resulted in the removal of an important source of audible signal that is used by blind and low vision pedestrians and cyclists, amongst other road users, to become aware of the approach, presence or departure of these vehicles. For that purpose, industry is developing acoustic systems to compensate for this lack of audible signal in electric and hybrid electric vehicles. The performance of approaching vehicle audible systems fitted to vehicles should be harmonised. The fitting of such systems should however, remain an option at the discretion of vehicle manufacturers. |
| --- | --- |

(10)

The environmental benefits expected from hybrid electric and pure electric road transport vehicles have resulted in a substantial reduction of the noise emitted by such vehicles. This has resulted in the removal of an important source of audible signal that is used by blind and low vision pedestrians and cyclists, amongst other road users, to become aware of the approach, presence or departure of these vehicles. For that purpose, industry is developing acoustic systems to compensate for this lack of audible signal in electric and hybrid electric vehicles. The performance of approaching vehicle audible systems fitted to vehicles should be harmonised. The fitting of such systems should however, remain an option at the discretion of vehicle manufacturers.

| (10a) | The Commission should examine the potential of active safety systems in more silent vehicles such as hybrid and electric vehicles to better serve the objective of improving the safety of vulnerable road users in urban areas, such as blind, visually and auditorily challenged pedestrians, cyclists and children. [Am. 16] |
| --- | --- |

(10a)

The Commission should examine the potential of active safety systems in more silent vehicles such as hybrid and electric vehicles to better serve the objective of improving the safety of vulnerable road users in urban areas, such as blind, visually and auditorily challenged pedestrians, cyclists and children. [Am. 16]

| (10b) | Vehicle noise levels have a direct impact on the quality of life of Union citizens, in particular in urban areas in which there is little or no electric or underground public transport provision, cycling or walking. The target of doubling the number of public transport users that the European Parliament set in its resolution of 15 December 2011 on the Roadmap to a Single European Transport Area

   (18)

  should also be taken into account. The Commission and the Member States should, in accordance with the subsidiarity principle, promote public transport, walking and cycling, with a view to reducing noise pollution in urban areas. [Am. 17] |
| --- | --- |

(10b)

Vehicle noise levels have a direct impact on the quality of life of Union citizens, in particular in urban areas in which there is little or no electric or underground public transport provision, cycling or walking. The target of doubling the number of public transport users that the European Parliament set in its resolution of 15 December 2011 on the Roadmap to a Single European Transport Area

   (18)

  should also be taken into account. The Commission and the Member States should, in accordance with the subsidiarity principle, promote public transport, walking and cycling, with a view to reducing noise pollution in urban areas. [Am. 17]

| (10c) | A vehicle’s noise level is partially dependent on how it is used and how well it is maintained following its purchase. In this connection, steps should be taken to raise public awareness in the Union of the importance of adopting a smooth driving style and keeping within the speed limits in force in each Member State. [Am. 19] |
| --- | --- |

(10c)

A vehicle’s noise level is partially dependent on how it is used and how well it is maintained following its purchase. In this connection, steps should be taken to raise public awareness in the Union of the importance of adopting a smooth driving style and keeping within the speed limits in force in each Member State. [Am. 19]

| (11) | In order to simplify the type-approval legislation of the Union, in line with the 2007 recommendations of the CARS 21 Report (19), it is appropriate to base this Regulation on UNECE Regulations No 51 on noise emissions with regards to the test method and No 59 on silencing systems (20) with regard to replacement exhaust silencing systems. |
| --- | --- |

(11)

In order to simplify the type-approval legislation of the Union, in line with the 2007 recommendations of the CARS 21 Report (19), it is appropriate to base this Regulation on UNECE Regulations No 51 on noise emissions with regards to the test method and No 59 on silencing systems (20) with regard to replacement exhaust silencing systems.

| (12) | In order to enable the Commission to replace

  adapt
  the technical requirements of this Regulation with a direct reference to UNECE Regulations No 51 and No 59 once the limit values relating to the new test method are laid down in those Regulations, or to adapt those requirements to technical and scientific developments, 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 the amendment of the provisions in

  to amend
  Annexes to this Regulation related to the test methods and sound levels

  EU type-approval procedures in respect of sound level of vehicle types and of exhaust systems, methods and instruments for measuring the noise made by motor vehicles, silencing systems, compressed air noise, checks on conformity of production, specifications for test sites, measuring methods for additional sound emission provisions, and measures ensuring the audibility of hybrid and electric vehicles
  . 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 to the Council. [Am. 20] |
| --- | --- |

(12)

In order to enable the Commission to replace

  adapt
  the technical requirements of this Regulation with a direct reference to UNECE Regulations No 51 and No 59 once the limit values relating to the new test method are laid down in those Regulations, or to adapt those requirements to technical and scientific developments, 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 the amendment of the provisions in

  to amend
  Annexes to this Regulation related to the test methods and sound levels

  EU type-approval procedures in respect of sound level of vehicle types and of exhaust systems, methods and instruments for measuring the noise made by motor vehicles, silencing systems, compressed air noise, checks on conformity of production, specifications for test sites, measuring methods for additional sound emission provisions, and measures ensuring the audibility of hybrid and electric vehicles
  . 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 to the Council. [Am. 20]

| (12a) | Addressing the problem of noise at source, the aim of this Regulation, offers less potential for noise reduction than measures to change the composition of road surfaces, which is what vehicle tyres come into contact with. The latter form of noise reduction would be technically much more straightforward. Existing types of asphalt, such as whisper asphalt, asphalt with noise-reducing properties or noise-optimised asphalt, employed as part of a holistic approach combining a series of simple construction measures, can already be used to reduce noise levels by 10db on a local basis. This Regulation does not employ this effective approach to the problem of local sources of noise, since it would impose a severe burden on public budgets, in particular those of local authorities. This would be difficult to justify at a time of fiscal crisis and would also encroach on regional and structural policy. [Am. 21] |
| --- | --- |

(12a)

Addressing the problem of noise at source, the aim of this Regulation, offers less potential for noise reduction than measures to change the composition of road surfaces, which is what vehicle tyres come into contact with. The latter form of noise reduction would be technically much more straightforward. Existing types of asphalt, such as whisper asphalt, asphalt with noise-reducing properties or noise-optimised asphalt, employed as part of a holistic approach combining a series of simple construction measures, can already be used to reduce noise levels by 10db on a local basis. This Regulation does not employ this effective approach to the problem of local sources of noise, since it would impose a severe burden on public budgets, in particular those of local authorities. This would be difficult to justify at a time of fiscal crisis and would also encroach on regional and structural policy. [Am. 21]

| (13) | As a consequence of the application of a new regulatory framework by this Regulation, Directive 70/157/EEC should be repealed, |
| --- | --- |

(13)

As a consequence of the application of a new regulatory framework by this Regulation, Directive 70/157/EEC should be repealed,

HAVE ADOPTED THIS REGULATION:

Article 1

Subject matter

This Regulation establishes the administrative and technical requirements for the EU type-approval of all new vehicles referred to in Article 2 with regard to their sound level and their exhaust systems and for the sale and entry into service of parts and equipments intended for those vehicles.

Article 2

Scope

This Regulation shall apply to vehicles of categories M1, M2, M3, N1, N2 and N3, as defined in Annex II to Directive 2007/46/EC and to the systems, components and separate technical units designed and constructed for such vehicles.

Article 3

Definitions

For the purposes of this Regulation, the following definitions shall apply:

| (1) | ‘approval of a vehicle’ means the approval of a vehicle type with regard to noise; |
| --- | --- |

(1)

‘approval of a vehicle’ means the approval of a vehicle type with regard to noise;

| (2) | ‘vehicle type’ means:








  (a) | for vehicles tested according to Annex II, paragraph 4.1.2.1,
  a set of vehicles as defined in Annex II Part B to Directive 2007/46/EC; |
| --- | --- | --- |

(2)

‘vehicle type’ means:

(a)

for vehicles tested according to Annex II, paragraph 4.1.2.1,
  a set of vehicles as defined in Annex II Part B to Directive 2007/46/EC;

| (b) | for vehicles tested according to Annex II, paragraph 4.1.2.2, a set of vehicles which do not essentially differ in such respects as:










  (i) | the shape or materials of the bodywork (particularly the engine compartment and its soundproofing); |
| --- | --- | --- |

(b)

for vehicles tested according to Annex II, paragraph 4.1.2.2, a set of vehicles which do not essentially differ in such respects as:

(i)

the shape or materials of the bodywork (particularly the engine compartment and its soundproofing);

| (ii) | the type of engine (e.g. positive or compression ignition, two- or four-stroke, reciprocating or rotary piston), number and capacity of cylinders, type of injection system, arrangement of valves, rated engine speed (S), or the type of electric motor. Vehicles with the same type of engine but different overall gear ratios may be regarded as vehicles of the same type. |
| --- | --- |

(ii)

the type of engine (e.g. positive or compression ignition, two- or four-stroke, reciprocating or rotary piston), number and capacity of cylinders, type of injection system, arrangement of valves, rated engine speed (S), or the type of electric motor. Vehicles with the same type of engine but different overall gear ratios may be regarded as vehicles of the same type.

| (3) | ‘maximum mass’ means the technically permissible maximum mass declared by the vehicle manufacturer;
  By way of derogation from point (3), the maximum mass may be greater than the maximum mass authorized by the administration of the Member States. |
| --- | --- |

(3)

‘maximum mass’ means the technically permissible maximum mass declared by the vehicle manufacturer;

By way of derogation from point (3), the maximum mass may be greater than the maximum mass authorized by the administration of the Member States.

| (4) | ‘rated engine power’ means the engine power expressed in kW (UNECE) and measured by the UNECE method pursuant to UNECE Regulation No 85 (21); |
| --- | --- |

(4)

‘rated engine power’ means the engine power expressed in kW (UNECE) and measured by the UNECE method pursuant to UNECE Regulation No 85 (21);

| (5) | ‘standard equipment’ means the basic configuration of a vehicle including all features that are fitted without giving rise to any further specifications on configuration or equipment level but equipped with all the features required under the regulatory acts mentioned in Annex IV or Annex XI to Directive 2007/46/EC; |
| --- | --- |

(5)

‘standard equipment’ means the basic configuration of a vehicle including all features that are fitted without giving rise to any further specifications on configuration or equipment level but equipped with all the features required under the regulatory acts mentioned in Annex IV or Annex XI to Directive 2007/46/EC;

| (6) | ‘mass of the driver’ means a mass rated at 75 kg located at the driver’s seating reference point; |
| --- | --- |

(6)

‘mass of the driver’ means a mass rated at 75 kg located at the driver’s seating reference point;

| (7) | ‘mass of a vehicle in running order’ (mro) means the mass of the vehicle including the mass of the driver, of the fuel and liquids, fitted with the standard equipment in accordance with the manufacturer’s specifications.
  When fitted, the mass of the bodywork, the cabin, the coupling and the spare wheel(s) as well as the tools shall be included.
  The fuel tank(s) shall be filled to at least 90 % of its or their capacity/ies; |
| --- | --- |

(7)

‘mass of a vehicle in running order’ (mro) means the mass of the vehicle including the mass of the driver, of the fuel and liquids, fitted with the standard equipment in accordance with the manufacturer’s specifications.

When fitted, the mass of the bodywork, the cabin, the coupling and the spare wheel(s) as well as the tools shall be included.

The fuel tank(s) shall be filled to at least 90 % of its or their capacity/ies;

| (8) | ‘rated engine speed’ (S) means the declared engine speed in min-1 (rpm) at which the engine develops its rated maximum net power pursuant to UNECE Regulation No 85 or, where the rated maximum net power is reached at several engine speeds, the highest one of those speeds; |
| --- | --- |

(8)

‘rated engine speed’ (S) means the declared engine speed in min-1 (rpm) at which the engine develops its rated maximum net power pursuant to UNECE Regulation No 85 or, where the rated maximum net power is reached at several engine speeds, the highest one of those speeds;

| (9) | ‘power to mass ratio index’ (PMR) means a numerical quantity calculated in accordance with the formula set out in point 4.1.2.1.1. of Annex II; |
| --- | --- |

(9)

‘power to mass ratio index’ (PMR) means a numerical quantity calculated in accordance with the formula set out in point 4.1.2.1.1. of Annex II;

| (10) | ‘reference point’ means one of the following points:






  (a) | in the case of vehicles of categories M1, N1:






  (i) | for front
  engine
  vehicles, the front end of the vehicle; |
| --- | --- | --- | --- |

(10)

‘reference point’ means one of the following points:

(a)

in the case of vehicles of categories M1, N1:

(i)

for front
  engine
  vehicles, the front end of the vehicle;

| (ii) | for mid
  engine
  vehicles, the centre of the vehicle; |
| --- | --- |

(ii)

for mid
  engine
  vehicles, the centre of the vehicle;

| (iii) | for rear
  engine
  vehicles, the rear end of the vehicle. |
| --- | --- |

(iii)

for rear
  engine
  vehicles, the rear end of the vehicle.

| (b) | in the case of vehicles of categories M2, M3, N2, N3 the border of the engine closest to the front of the vehicle. |
| --- | --- |

(b)

in the case of vehicles of categories M2, M3, N2, N3 the border of the engine closest to the front of the vehicle.

| (11) | ‘target acceleration’ means acceleration at a partial throttle condition in urban traffic as derived from statistical investigations; |
| --- | --- |

(11)

‘target acceleration’ means acceleration at a partial throttle condition in urban traffic as derived from statistical investigations;

| (12) | ‘reference acceleration’ means the required acceleration during the acceleration test on the test track; |
| --- | --- |

(12)

‘reference acceleration’ means the required acceleration during the acceleration test on the test track;

| (13) | ‘gear ratio weighting factor’ (k) means a dimensionless numerical quantity used to combine the test results of two gear ratios for the acceleration test and the constant speed test; |
| --- | --- |

(13)

‘gear ratio weighting factor’ (k) means a dimensionless numerical quantity used to combine the test results of two gear ratios for the acceleration test and the constant speed test;

| (14) | ‘partial power factor’ (kP) means a numerical quantity with no dimension used for the weighted combination of the test results of the acceleration test and the constant speed test for vehicles; |
| --- | --- |

(14)

‘partial power factor’ (kP) means a numerical quantity with no dimension used for the weighted combination of the test results of the acceleration test and the constant speed test for vehicles;

| (15) | ‘pre-acceleration’ means application of acceleration control device prior to AA' for the purpose of achieving stable acceleration between AA' and BB' as referred to in figure 1 to Appendix 1 to Annex II; |
| --- | --- |

(15)

‘pre-acceleration’ means application of acceleration control device prior to AA' for the purpose of achieving stable acceleration between AA' and BB' as referred to in figure 1 to Appendix 1 to Annex II;

| (16) | ‘locked gear ratios’ means the control of transmission such that the transmission gear cannot change during a test; |
| --- | --- |

(16)

‘locked gear ratios’ means the control of transmission such that the transmission gear cannot change during a test;

| (17) | ‘design family of silencing system or silencing system components’ means a group of silencing systems or components thereof in which all of the following characteristics are the same:






  (a) | the presence of net gas flow of the exhaust gases through the absorbing fibrous material when in contact with that material; |
| --- | --- | --- |

(17)

‘design family of silencing system or silencing system components’ means a group of silencing systems or components thereof in which all of the following characteristics are the same:

(a)

the presence of net gas flow of the exhaust gases through the absorbing fibrous material when in contact with that material;

| (b) | the type of the fibres; |
| --- | --- |

(b)

the type of the fibres;

| (c) | where applicable, binder material specifications; |
| --- | --- |

(c)

where applicable, binder material specifications;

| (d) | average fibre dimensions; |
| --- | --- |

(d)

average fibre dimensions;

| (e) | minimum bulk material packing density in kg/m3; |
| --- | --- |

(e)

minimum bulk material packing density in kg/m3;

| (f) | maximum contact surface between the gas flow and the absorbing material; |
| --- | --- |

(f)

maximum contact surface between the gas flow and the absorbing material;

| (18) | ‘silencing system’ means a complete set of components necessary for limiting the noise produced by an engine and its exhaust; |
| --- | --- |

(18)

‘silencing system’ means a complete set of components necessary for limiting the noise produced by an engine and its exhaust;

| (19) | ‘silencing system of different types’ means silencing systems which significantly differ in respect of at least one of the following:






  (a) | trade names or trademarks of their components; |
| --- | --- | --- |

(19)

‘silencing system of different types’ means silencing systems which significantly differ in respect of at least one of the following:

(a)

trade names or trademarks of their components;

| (b) | the characteristics of the materials constituting their components, except for the coating of those components; |
| --- | --- |

(b)

the characteristics of the materials constituting their components, except for the coating of those components;

| (c) | the shape or size of their components; |
| --- | --- |

(c)

the shape or size of their components;

| (d) | the operating principles of at least one of their components; |
| --- | --- |

(d)

the operating principles of at least one of their components;

| (e) | the assembly of their components; |
| --- | --- |

(e)

the assembly of their components;

| (f) | the number of exhaust silencing systems or components; |
| --- | --- |

(f)

the number of exhaust silencing systems or components;

| (20) | ‘replacement silencing system or components of said system’ means any part of the silencing system defined in point (17) intended for use on a vehicle, other than a part of the type fitted to this vehicle when submitted for type-approval pursuant to this Regulation; |
| --- | --- |

(20)

‘replacement silencing system or components of said system’ means any part of the silencing system defined in point (17) intended for use on a vehicle, other than a part of the type fitted to this vehicle when submitted for type-approval pursuant to this Regulation;

| (21) | ‘Acoustic Vehicle Alerting System’ (AVAS) are systems for hybrid electric and electric road transport vehicles which provide vehicle operation information to pedestrians and vulnerable road users. |
| --- | --- |

(21)

‘Acoustic Vehicle Alerting System’ (AVAS) are systems for hybrid electric and electric road transport vehicles which provide vehicle operation information to pedestrians and vulnerable road users.

| (21a) | ‘point of sale’ means a location where vehicles are stored and offered for sale to consumers; [Am. 23] |
| --- | --- |

(21a)

‘point of sale’ means a location where vehicles are stored and offered for sale to consumers; [Am. 23]

| (21b) | ‘technical promotional material’ means technical manuals, brochures, leaflets and catalogues, whether these appear in printed, electronic or online form, as well as websites, the purpose of which is to promote vehicles to the general public. [Am. 24] |
| --- | --- |

(21b)

‘technical promotional material’ means technical manuals, brochures, leaflets and catalogues, whether these appear in printed, electronic or online form, as well as websites, the purpose of which is to promote vehicles to the general public. [Am. 24]

Article 4

General obligations of Member States

1.   Member States may not, on grounds relating to the permissible sound level and the exhaust system, refuse to grant EU or national type-approval in respect of a type of motor vehicle or type of exhaust system or component of such a system regarded as a separate technical unit where the following conditions are fulfilled:

| (a) | the vehicle satisfies the requirements of Annex I, |
| --- | --- |

(a)

the vehicle satisfies the requirements of Annex I,

| (b) | the exhaust system or any component thereof, 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 X to this Regulation. |
| --- | --- |

(b)

the exhaust system or any component thereof, 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 X to this Regulation.

2.   Member States may not, on grounds relating to the permissible sound level and the exhaust system, refuse or prohibit the sale, registration, entry into service or use of any vehicle in which the sound level and the exhaust system satisfy the requirements of Annex I.

3.   Member States may not, on grounds relating to the permissible sound level and the exhaust system, prohibit the placing on the market of an exhaust system or any component thereof considered as a separate technical unit within the meaning of point (25) of Article 3 of Directive 2007/46/EC if it conforms to a type in respect of which a type-approval has been granted in accordance with this Regulation.

3a.
     
  When performing technical checks on vehicles, Member States shall measure the noise level on the basis of data in the EU type approval for each type of vehicle. [Am. 25]

Article 4a

Monitoring

Member States shall, in accordance with Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products

   (22)

  , guarantee effective monitoring of their markets. They shall carry out appropriate checks on the characteristics of products on an adequate scale, in accordance with the principles set out in Article 19(1) of that Regulation. [Am. 26]

Article 5

General obligations of manufacturers

1.   Manufacturers shall ensure that the vehicle, its engine and its noise reduction system is designed, constructed and assembled so as to enable the vehicle in normal use to comply with the provisions of this Regulation, despite the vibration to which it is inherently subjected.

2.   Manufacturers shall ensure that the noise reduction system is designed, constructed and assembled so as to be able to reasonably resist the corrosive phenomena to which it is exposed having regard to the conditions of use of the vehicle
  and to regional climate differences
  . [Am. 27]

3.   The manufacturer shall be responsible to the approval authority for all aspects of the approval process and for ensuring conformity of production, whether or not the manufacturer is directly involved in all stages of the construction of a vehicle, system, component or separate technical unit.

Article 6

Limits values

The testing conditions laid down in Annex II shall take into account typical on-road driving conditions and the testing requirements of other essential components of the vehicle, which are already covered by Regulation (EC) No 661/2009.
  The sound level measured in accordance with the provisions of Annex II
  and rounded to the nearest integer
  shall not exceed the limits set out in Annex III. [Am. 28]

Article 7

Revision clause

Within three years following

  Following
  the date referred to in Annex III, third column, phase 1, to this Regulation, the Commission shall carry out

  complete
  a detailed study to ascertain whether

  review of
  the noise limits prove to be appropriate

  in Annex III
  .
  That review shall include an impact assessment which includes an overall assessment of
  the
  impact on the car industry and in particular its dependent industries, taking into account the influence
  of
  other Regulations — such as those in the field of CO2 emissions reductions and safety — on
  the
  sound level
  of
  motor vehicles.
  On the basis of
  such a review and its impact assessment

  the conclusions of the study, the Commission may

  shall
  , where

  if
  appropriate, present proposals for amendment

  make a proposal
  to
  amend
  this Regulation
  in a way that is as neutral as possible from the point of view of competition
  .
  The limit values referred to in Annex III, fourth column, phase 2, shall enter into force six years after confirmation of the impact assessment and completion of the review process of the Commission. [Am. 29]

Proposals for amendments to this Regulation submitted pursuant to the first paragraph shall take account of new standards established by the International Organisation for Standardisation, in particular standard ISO 10844:2011. [Am. 30]

Article 8

Additional sound emission provisions (ASEP)

1.   Paragraph 2 to 6 and the second subparagraph of this paragraph shall apply to vehicles of categories M1 and N1 equipped with an internal combustion engine.

Vehicles shall automatically meet the requirements of Annex X if the vehicle manufacturer
  submits
  to the type-approval authority technical documents showing that the difference between the maximum and minimum engine speed of the vehicles at BB' 1 ≤ 0,15 x S, for any test condition inside the ASEP control range defined in point 3.3. of Annex VIII with respect to the conditions set out in Annex II.

Vehicles of category N1 are exempted from ASEP if one of the following conditions is met:

| (a) | Engine capacity ≤ 660 ccm and power-to-mass ratio index (PMR) calculated by using the maximum authorised vehicle mass ≤ 35; |
| --- | --- |

(a)

Engine capacity ≤ 660 ccm and power-to-mass ratio index (PMR) calculated by using the maximum authorised vehicle mass ≤ 35;

| (b) | Payload ≥ 850 kg and power-to-mass ratio index (PMR) calculated by using the maximum authorised vehicle mass ≤ 40. [Am. 31] |
| --- | --- |

(b)

Payload ≥ 850 kg and power-to-mass ratio index (PMR) calculated by using the maximum authorised vehicle mass ≤ 40. [Am. 31]

Vehicles shall be deemed to fulfil the requirements of Annex X, if the vehicle manufacturer provides technical documents to the type-approval authority showing that the difference between maximum and minimum engine speed of the vehicles at BB’ (23), for any test condition inside the ASEP control range defined in point 3.3. of Annex VIII, with respect to conditions set out in Annex II, does not exceed 0,15 x S.

Vehicles of category N1 are exempted from ASEP if one of the following conditions is fulfilled:

| (a) | The engine capacity does not exceed 660 ccm and the power-to-mass ratio index (PMR) calculated by using the maximum authorised vehicle mass does not exceed 35; |
| --- | --- |

(a)

The engine capacity does not exceed 660 ccm and the power-to-mass ratio index (PMR) calculated by using the maximum authorised vehicle mass does not exceed 35;

| (b) | The payload is at least 850 kg and the power-to-mass ratio index (PMR) calculated by using the maximum authorised vehicle mass does not exceed 40. [Am. 32] |
| --- | --- |

(b)

The payload is at least 850 kg and the power-to-mass ratio index (PMR) calculated by using the maximum authorised vehicle mass does not exceed 40. [Am. 32]

2.   The sound emission of the vehicle under typical on-road driving conditions, which are different from those under which the type-approval test set out in Annex II was carried out, shall not deviate from the test result in an unreasonable manner. [Am. 33]

3.   The vehicle manufacturer shall not intentionally alter, adjust, or introduce any mechanical, electrical, thermal, or other device or procedure solely for the purpose of fulfilling the noise emission requirements under this Regulation which is not operational during typical on-road operation under conditions applicable to ASEP.
  These measures are typically referred to as ‘cycle beating’. [Am. 34]

4.   The vehicle shall meet the requirements of Annex VIII to this Regulation.

5.   In the application for type-approval, the manufacturer shall provide a statement,
  supported by the outcome of appropriate test results,
  established in accordance with the model set out in Appendix 1 of Annex VIII, that the vehicle type to be approved complies with the requirements of Article 8(1) and 8(2). [Am. 35]

Article 8a

Consumer information

Vehicle manufacturers and distributors shall ensure that the noise level in decibels (dB(A)) in accordance with harmonised type-approval testing methods for each vehicle is displayed in a prominent position at the point of sale and in technical promotional material.

Following a comprehensive impact assessment, the Commission shall, within two years of the entry into force of this Regulation, and in accordance with the ordinary legislative procedure, submit to the European Parliament and the Council a proposal on consumer information. Such a proposal may be integrated into Directive 1999/94/EC of the European Parliament and of the Council of 13 December 1999 relating to the availability of consumer information on fuel economy and CO2 emissions in respect of the marketing of new passenger cars

   (24)
  . [Am. 36]

Article 8b

Road surface classification and quality

The Commission shall in line with the timescales for review laid down in Directive 2002/49/EC, assess the possibility of introducing a road classification system which characterises the typical rolling sound on every road in the Union, and if appropriate submit to the European Parliament and the Council a proposal in accordance with the ordinary legislative procedure.

The Commission shall consider incorporating into its proposal a requirement on Member States to provide information about road surface qualities in the strategic noise maps provided for in Directive 2002/49/EC. [Am. 37]

Article 9

Acoustic Vehicle Alerting System (AVAS)

Where manufacturers

  Manufacturers

  choose to

  shall
  install an AVAS in vehicles,
  . The sound to be generated by AVAS shall be a continuous sound that provides information to pedestrians and vulnerable road users of a vehicle in operation. The sound shall be easily indicative of vehicle behaviour and could sound similar to the sound of a vehicle of the same category equipped with an internal combustion engine, and operating under the same conditions, and
  the requirements of Annex X

  Annex IX
  shall be fulfilled.

The Commission shall, within one year of the entry into force of this Regulation, assess the need to review this Regulation, taking into account, inter alia, whether active safety systems can better serve the objective of improving the safety of vulnerable road users in urban areas, in addition to, or as compared to acoustic vehicle alerting systems and shall, where appropriate, and in accordance with the ordinary legislative procedure, submit to the European Parliament and Council a proposal which makes provision for a maximum sound level for AVAS installed in vehicles. [Am. 66]

Article 10

Amendment of the Annexes

1.   The Commission shall,
  in order to adapt the technical requirements of this Regulation to technical and scientific developments,
  be empowered to adopt delegated acts
  in accordance with Article 11
  to amend Annexes I to XI
  I, II and IV to XII
  . [Am. 39]

2.   When the limit values relating to the test method are laid down in UNECE Regulation No 51, the Commission shall consider

  assess the possibility of
  replacing the technical requirements laid down in Annex III with a direct reference to the corresponding requirements of UNECE Regulations No 51 and No 59
  , on the condition that these do not result in a weakening of the Union’s environmental and health standards, and with due regard for the opinions of the European Parliament and the Council and, if appropriate, shall submit a proposal to the European Parliament and to the Council to amend Annex III in accordance with the ordinary legislative procedure [Am. 40].

Article 11

Exercise of the Delegation

1.   The powers

  power
  to adopt delegated acts are

  is
  conferred on the Commission subject to the conditions laid down in this Article. [Am. 41]

2.   The power to adopt delegated acts referred to in Article 10(1) shall be conferred on the Commission for an indeterminate

  a
  period of time

  five years
  from the date of adoption

  entry into force
  of this Regulation.
  The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. [Am. 42]

3.   The delegation of power referred to in Article 10(1) may be revoked at any time by the European Parliament or by the Council. A decision to revoke 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. [Am. 43]

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 10(1) 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 one month

  two months
  at the initiative of the European Parliament or of the Council. [Am. 44]

Article 12

Objections to delegated acts

1.   The European Parliament and the Council may object to the delegated act within a period of two months from the date of notification. At the initiative of the European Parliament or the Council this period shall be extended by one month.

2.   If, on expiry of that period, neither the European Parliament nor the Council has objected to the delegated act, or if, before that date, the European Parliament and the Council have both informed the European Commission that they have decided not to raise objections, the delegated act shall enter into force at the date stated in its provisions.

3.   If the European Parliament or the Council objects to the adopted delegated act, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act.
  [Am. 45]

Article 13

Urgency procedure

1.   Delegated acts adopted under Article 10(1) 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 11(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.
  [Am. 46]

Article 14

Transitional provisions

1.   This Regulation shall not invalidate any EU type-approval granted to vehicles or to systems, components or separate technical units before the date laid down in Article 16.

2.   Approval authorities shall continue to grant extension of approvals to those vehicles, systems, components or separate technical units under the terms of Directive 70/157/EEC.

3.   Until ... (*), vehicles with a serial hybrid drive train, which have an additional combustion engine with no mechanical coupling to the power train, shall be excluded from the requirements of this Article 8.

Article 15

Repeal

1.   Directive 70/157/EEC is repealed.

2.   References to the repealed Directive shall be construed as references to this Regulation and shall be read in accordance with the correlation table set out in Annex XII.

Article 16

Entry into force

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

2.   It shall apply from ... (**).

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

Done at ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 191, 29.6.2012, p. 76.

1

(2)  Position of the European Parliament of 6 February 2013.

2

(3)  

  OJ L 171, 29.6.2007, p. 1.

3

OJ L 171, 29.6.2007, p. 1.

(4)  

  OJ L 140, 5.6.2009, p. 1.

4

OJ L 140, 5.6.2009, p. 1.

(5)  

  OJ L 188, 18.7.2009, p. 1.

5

OJ L 188, 18.7.2009, p. 1.

(6)  

  OJ L 145, 31.5.2011, p. 1.

6

OJ L 145, 31.5.2011, p. 1.

(7)  

  OJ L 189, 18.7.2002, p. 12.

7

OJ L 189, 18.7.2002, p. 12.

(8)  OJ L 42, 23.2.1970, p. 16.

8

(9)  OJ L 263, 9.10.2007, p. 1.

9

(10)  OJ L 137, 30.5.2007, p. 68.

10

(11)  COM(1996)0540 final.

11

(12)  ISO 362-1, Measurement of noise emitted by accelerating road vehicles — Engineering method — Part 1: M and N categories, ISO, Geneva, Switzerland, 2007.

12

(13)  OJ L 200, 31.7.2009, p. 1.

13

(14)  Knol, A.B., Staatsen, B.A.M., Trends in the environmental burden of disease in the Netherlands 1980 — 2020, RIVM report 500029001, Bilthoven, The Netherlands, 2005; http://www.rivm.nl/bibliotheek/rapporten/500029001.html

14

(15)  WHO-JRC study on the burden of disease from environmental noise, quantification of healthy life years lost in Europe; http://www.euro.who.int/en/what-we-do/health-topics/environment-and-health/noise/publications/2011/burden-of-disease-from-environmental-noise.-quantification-of-healthy-life-years-lost-in-europe

15

(16)  Valuation of Noise — Position Paper of the Working Group on Health and Socio-Economic Aspects, European Commission, Environment Directorate-General, Brussels, 4 December 2003; www.ec.europa.eu/environment/noise/pdf/valuatio_final_12_2003.pdf.

16

(17)  

  OJ L 342, 22.12.2009, p. 46.

17

OJ L 342, 22.12.2009, p. 46.

(18)  
  Texts adopted, P7_TA(2011)0584.

18

Texts adopted, P7_TA(2011)0584.

(19)  CARS 21: A Competitive Automotive Regulatory System for the 21st Century, 2006: http://ec.europa.eu/enterprise/sectors/automotive/files/pagesbackground/competitiveness/cars21finalreport_en.pdf

19

st

(20)  OJ L 326, 24.11.2006, p. 43.

20

(21)  OJ L 326, 24.11.2006, p. 55.

21

(22)  

  OJ L 218, 13.8.2008, p. 30.

22

OJ L 218, 13.8.2008, p. 30.

(23)  As referred to in Figure 1 to Appendix 1 to Annex II to this Regulation.

23

(24)  

  OJ L 12, 18.1.2000, p. 16.

24

OJ L 12, 18.1.2000, p. 16.

(*)  Five years after the entry into force of this Regulation.

*

(**)  Two years after the date of adoption of this Regulation.

**

ANNEX I

EU type-approval in respect of the sound level of a vehicle type

| 1. | APPLICATION FOR EU TYPE-APPROVAL OF A VEHICLE TYPE |
| --- | --- |
| 1.1. | The application for EU type-approval pursuant to Article 7(1) and (2) of Directive 2007/46/EC of a vehicle type with regard to its sound level shall be submitted by the vehicle manufacturer. |
| 1.2. | A model for the information document is given in Appendix 1. |
| 1.3. | A vehicle representative of the type in respect of which type-approval is sought must be submitted to the technical service responsible for the tests by the vehicle manufacturer. |
| 1.4 | At the request of the technical service, a specimen of the exhaust system and an engine of at least the same cylinder capacity and rated maximum power as that fitted to the vehicle in respect of which type-approval is sought must also be submitted. |
| 2. | MARKINGS |
| 2.1. | The exhaust and intake system components, excluding fixing hardware and pipes, must bear: |
| 2.1.1. | the trade mark or name of the manufacturer of the systems and their components; |
| 2.1.2. | the manufacturer's trade description. |
| 2.2. | These markings must be clearly legible and indelible, even when the system is fitted to the vehicle. |
| 3. | GRANTING OF EU TYPE-APPROVAL OF A VEHICLE TYPE |
| 3.1. | If the relevant requirements are satisfied, EU type-approval pursuant to Article 9(3) and, if applicable 10(4) of Directive 2007/46/EC shall be granted. |
| 3.2. | A model for the EU type-approval certificate is given in Appendix 2. |
| 3.3. | An approval number in accordance with Annex VII to Directive 2007/46/EC shall be assigned to each vehicle type approved. The same Member State shall not assign the same number to another vehicle type. |
| 4. | AMENDMENTS TO TYPE-APPROVALS |
| | In the case of changes of the type approved pursuant to this Regulation, the provisions of Articles 13, 14, 15, 16 and 17(4) of Directive 2007/46/EC shall apply |
| 5. | CONFORMITY OF PRODUCTION ARRANGEMENTS |
| 5.1. | Measures to ensure the conformity of production arrangements shall be taken in accordance with the requirements laid down in Article 12 of Directive 2007/46/EC. |
| 5.2. | Special provisions: |
| 5.2.1. | The tests laid down in Annex VI of this Regulation correspond to those referred to in point 2.3.5 of Annex X to Directive 2007/46/EC |
| 5.2.2. | The frequency of inspections referred to in point 3 of Annex X to Directive 2007/46/EC shall normally be once every two years. |
| 5.2.2.a | The limit values set out in the table in Annex III apply with a reasonable tolerance margin during measurement. [Am. 47] |

1.

APPLICATION FOR EU TYPE-APPROVAL OF A VEHICLE TYPE

1.1.

The application for EU type-approval pursuant to Article 7(1) and (2) of Directive 2007/46/EC of a vehicle type with regard to its sound level shall be submitted by the vehicle manufacturer.

1.2.

A model for the information document is given in Appendix 1.

1.3.

A vehicle representative of the type in respect of which type-approval is sought must be submitted to the technical service responsible for the tests by the vehicle manufacturer.

1.4

At the request of the technical service, a specimen of the exhaust system and an engine of at least the same cylinder capacity and rated maximum power as that fitted to the vehicle in respect of which type-approval is sought must also be submitted.

2.

MARKINGS

2.1.

The exhaust and intake system components, excluding fixing hardware and pipes, must bear:

2.1.1.

the trade mark or name of the manufacturer of the systems and their components;

2.1.2.

the manufacturer's trade description.

2.2.

These markings must be clearly legible and indelible, even when the system is fitted to the vehicle.

3.

GRANTING OF EU TYPE-APPROVAL OF A VEHICLE TYPE

3.1.

If the relevant requirements are satisfied, EU type-approval pursuant to Article 9(3) and, if applicable 10(4) of Directive 2007/46/EC shall be granted.

3.2.

A model for the EU type-approval certificate is given in Appendix 2.

3.3.

An approval number in accordance with Annex VII to Directive 2007/46/EC shall be assigned to each vehicle type approved. The same Member State shall not assign the same number to another vehicle type.

4.

AMENDMENTS TO TYPE-APPROVALS

In the case of changes of the type approved pursuant to this Regulation, the provisions of Articles 13, 14, 15, 16 and 17(4) of Directive 2007/46/EC shall apply

5.

CONFORMITY OF PRODUCTION ARRANGEMENTS

5.1.

Measures to ensure the conformity of production arrangements shall be taken in accordance with the requirements laid down in Article 12 of Directive 2007/46/EC.

5.2.

Special provisions:

5.2.1.

The tests laid down in Annex VI of this Regulation correspond to those referred to in point 2.3.5 of Annex X to Directive 2007/46/EC

5.2.2.

The frequency of inspections referred to in point 3 of Annex X to Directive 2007/46/EC shall normally be once every two years.

5.2.2.a

The limit values set out in the table in Annex III apply with a reasonable tolerance margin during measurement. [Am. 47]

Appendix 1

Information document No ... pursuant to Annex I of Directive 2007/46/EC
   (1)
  relating to EU type-approval of a vehicle with respect to the permissible sound level and the exhaust system

The following information, if applicable, must be supplied in triplicate and include a list of contents. Any drawings must be supplied in appropriate scale and in sufficient detail on size A4 or on a folder of A4 format. Photographs, if any, must show sufficient detail.

If the systems, components or separate technical units have electronic controls, information concerning their performance must be supplied.

0.   General

| 0.1. | Make (trade name of manufacturer): |
| --- | --- |

0.1.

Make (trade name of manufacturer):

| 0.2. | Type and general commercial description(s): |
| --- | --- |

0.2.

Type and general commercial description(s):

| 0.3. | Means of identification of type, if marked on the vehicle (b): |
| --- | --- |

0.3.

Means of identification of type, if marked on the vehicle (b):

| 0.3.1. | Location of that marking. |
| --- | --- |

0.3.1.

Location of that marking.

| 0.4. | Category of vehicle (c): |
| --- | --- |

0.4.

Category of vehicle (c):

| 0.5. | Name and address of manufacturer: |
| --- | --- |

0.5.

Name and address of manufacturer:

| 0.8. | Address(es) of assembly plant(s): |
| --- | --- |

0.8.

Address(es) of assembly plant(s):

1.   General construction characteristics of the vehicle

| 1.1. | Photographs and/or drawings of a representative vehicle: |
| --- | --- |

1.1.

Photographs and/or drawings of a representative vehicle:

| 1.3.3. | Powered axles (number, position, interconnection): |
| --- | --- |

1.3.3.

Powered axles (number, position, interconnection):

| 1.6. | Position and arrangement of the engine: |
| --- | --- |

1.6.

Position and arrangement of the engine:

2.   Masses and dimensions (e) (in kg and mm) (Refer to drawing where applicable)

| 2.4. | Range of vehicle dimensions (overall) |
| --- | --- |

2.4.

Range of vehicle dimensions (overall)

| 2.4.1. | For chassis without bodywork |
| --- | --- |

2.4.1.

For chassis without bodywork

| 2.4.1.1. | Length (j): |
| --- | --- |

2.4.1.1.

Length (j):

| 2.4.1.2. | Width (k): |
| --- | --- |

2.4.1.2.

Width (k):

| 2.4.2. | For chassis with bodywork |
| --- | --- |

2.4.2.

For chassis with bodywork

| 2.4.2.1. | Length (j): |
| --- | --- |

2.4.2.1.

Length (j):

| 2.4.2.2. | Width (k): |
| --- | --- |

2.4.2.2.

Width (k):

| 2.6. | Mass of the vehicle with bodywork in running order, or mass of the chassis with cab if the manufacturer does not fit the bodywork (with standard equipment, including coolant, oils, fuel, tools, spare wheel and driver) (o) (maximum and minimum): |
| --- | --- |

2.6.

Mass of the vehicle with bodywork in running order, or mass of the chassis with cab if the manufacturer does not fit the bodywork (with standard equipment, including coolant, oils, fuel, tools, spare wheel and driver) (o) (maximum and minimum):

3.   Power plant (q)

| 3.1. | Manufacturer: |
| --- | --- |

3.1.

Manufacturer:

| 3.1.1. | Manufacturer's engine code: (As marked on the engine, or other means of identification) |
| --- | --- |

3.1.1.

Manufacturer's engine code: (As marked on the engine, or other means of identification)

| 3.2. | Internal combustion engine |
| --- | --- |

3.2.

Internal combustion engine

| 3.2.1.1. | Working principle: positive ignition/compression ignition, four stroke/two stroke (2) |
| --- | --- |

3.2.1.1.

Working principle: positive ignition/compression ignition, four stroke/two stroke (2)

| 3.2.1.2. | Number and arrangement of cylinders: |
| --- | --- |

3.2.1.2.

Number and arrangement of cylinders:

| 3.2.1.2.3. | Firing order: |
| --- | --- |

3.2.1.2.3.

Firing order:

| 3.2.1.3. | Engine capacity (s): cm3 |
| --- | --- |

3.2.1.3.

Engine capacity (s): cm3

| 3.2.1.8. | Maximum net power (t): kW at min–1 (manufacturer's declared value) |
| --- | --- |

3.2.1.8.

Maximum net power (t): kW at min–1 (manufacturer's declared value)

| 3.2.4. | Fuel feed |
| --- | --- |

3.2.4.

Fuel feed

| 3.2.4.1. | By carburettor(s): yes/no (3) |
| --- | --- |

3.2.4.1.

By carburettor(s): yes/no (3)

| 3.2.4.1.2. | Type(s): |
| --- | --- |

3.2.4.1.2.

Type(s):

| 3.2.4.1.3. | Number fitted: |
| --- | --- |

3.2.4.1.3.

Number fitted:

| 3.2.4.2. | By fuel injection (compression ignition only): yes/no (4) |
| --- | --- |

3.2.4.2.

By fuel injection (compression ignition only): yes/no (4)

| 3.2.4.2.2. | Working principle: Direct injection/pre-chamber/swirl chamber (5) |
| --- | --- |

3.2.4.2.2.

Working principle: Direct injection/pre-chamber/swirl chamber (5)

| 3.2.4.2.4. | Governor |
| --- | --- |

3.2.4.2.4.

Governor

| 3.2.4.2.4.1. | Type: |
| --- | --- |

3.2.4.2.4.1.

Type:

| 3.2.4.2.4.2.1. | Cut-off point under load: min–1 |
| --- | --- |

3.2.4.2.4.2.1.

Cut-off point under load: min–1

| 3.2.4.3. | By fuel injection (positive ignition only): yes/no (6) |
| --- | --- |

3.2.4.3.

By fuel injection (positive ignition only): yes/no (6)

| 3.2.4.3.1. | Working principle: Intake manifold (single-/multi-point (7))/direct injection/other (specify) (8) |
| --- | --- |

3.2.4.3.1.

Working principle: Intake manifold (single-/multi-point (7))/direct injection/other (specify) (8)

| 3.2.8. | Intake system |
| --- | --- |

3.2.8.

Intake system

| 3.2.8.4.2. | Air filter, drawings; or |
| --- | --- |

3.2.8.4.2.

Air filter, drawings; or

| 3.2.8.4.2.1. | Make(s): |
| --- | --- |

3.2.8.4.2.1.

Make(s):

| 3.2.8.4.2.2. | Type(s): |
| --- | --- |

3.2.8.4.2.2.

Type(s):

| 3.2.8.4.3. | Intake silencer, drawings; or |
| --- | --- |

3.2.8.4.3.

Intake silencer, drawings; or

| 3.2.8.4.3.1. | Make(s): |
| --- | --- |

3.2.8.4.3.1.

Make(s):

| 3.2.8.4.3.2. | Type(s): |
| --- | --- |

3.2.8.4.3.2.

Type(s):

| 3.2.9. | Exhaust system |
| --- | --- |

3.2.9.

Exhaust system

| 3.2.9.2. | Description and/or drawing of the exhaust system: |
| --- | --- |

3.2.9.2.

Description and/or drawing of the exhaust system:

| 3.2.9.4. | Exhaust silencer(s):
  For front, centre, rear silencer: construction, type, marking, where relevant for exterior noise: reducing measures in the engine compartment and on the engine: |
| --- | --- |

3.2.9.4.

Exhaust silencer(s):

For front, centre, rear silencer: construction, type, marking, where relevant for exterior noise: reducing measures in the engine compartment and on the engine:

| 3.2.9.5. | Location of the exhaust outlet: |
| --- | --- |

3.2.9.5.

Location of the exhaust outlet:

| 3.2.9.6. | Exhaust silencer containing fibrous materials: |
| --- | --- |

3.2.9.6.

Exhaust silencer containing fibrous materials:

| 3.2.12.2.1. | Catalytic convertor: yes/no (9) |
| --- | --- |

3.2.12.2.1.

Catalytic convertor: yes/no (9)

| 3.2.12.2.1.1. | Number of catalytic convertors and elements: |
| --- | --- |

3.2.12.2.1.1.

Number of catalytic convertors and elements:

| 3.3. | Electric motor |
| --- | --- |

3.3.

Electric motor

| 3.3.1. | Type (winding, excitation): |
| --- | --- |

3.3.1.

Type (winding, excitation):

| 3.3.1.1. | Maximum hourly output: kW |
| --- | --- |

3.3.1.1.

Maximum hourly output: kW

| 3.3.1.2. | Operating voltage: V |
| --- | --- |

3.3.1.2.

Operating voltage: V

| 3.4. | Other engines or motors or combinations thereof (particulars regarding the parts of such engines or motors): |
| --- | --- |

3.4.

Other engines or motors or combinations thereof (particulars regarding the parts of such engines or motors):

4.   Transmission (v)

| 4.2. | Type (mechanical, hydraulic, electric, etc.): |
| --- | --- |

4.2.

Type (mechanical, hydraulic, electric, etc.):

| 4.6. | Gear ratios








  Gear | Internal gearbox ratios
  (ratios of engine to gearbox output shaft revolutions) | Final drive ratio(s)
  (ratio of gearbox output shaft to driven wheel revolutions) | Total gear ratios |
| --- | --- | --- | --- | --- |
| Maximum for CVT (10)

  1
  2
  3
  ...
  Minimum for CVT (10)

  Reverse | | | |

4.6.

Gear ratios

Gear

Internal gearbox ratios

(ratios of engine to gearbox output shaft revolutions)

Final drive ratio(s)

(ratio of gearbox output shaft to driven wheel revolutions)

Total gear ratios

Maximum for CVT (10)

1

2

3

...

Minimum for CVT (10)

Reverse

| 4.7. | Maximum vehicle speed (and gear in which this is achieved) (in km/h) (w): |
| --- | --- |

4.7.

Maximum vehicle speed (and gear in which this is achieved) (in km/h) (w):

6.   Suspension

| 6.6. | Tyres and wheels |
| --- | --- |

6.6.

Tyres and wheels

| 6.6.2. | Upper and lower limits of rolling radii |
| --- | --- |

6.6.2.

Upper and lower limits of rolling radii

| 6.6.2.1. | Axle 1: |
| --- | --- |

6.6.2.1.

Axle 1:

| 6.6.2.2. | Axle 2: |
| --- | --- |

6.6.2.2.

Axle 2:

| 6.6.2.3. | Axle 3: |
| --- | --- |

6.6.2.3.

Axle 3:

| 6.6.2.4. | Axle 4: |
| --- | --- |

6.6.2.4.

Axle 4:

etc.

9.   Bodywork (not applicable for vehicles of category M1)

| 9.1. | Type of bodywork: |
| --- | --- |

9.1.

Type of bodywork:

| 9.2. | Materials used and method of construction |
| --- | --- |

9.2.

Materials used and method of construction

12.   Miscellaneous

| 12.5. | Details of any non-engine devices designed to reduce noise (if not covered by other items): |
| --- | --- |

12.5.

Details of any non-engine devices designed to reduce noise (if not covered by other items):

Additional information in the case of off-road vehicles:

| 1.3. | Number of axles and wheels: |
| --- | --- |

1.3.

Number of axles and wheels:

| 2.4.1. | For chassis without bodywork |
| --- | --- |

2.4.1.

For chassis without bodywork

| 2.4.1.4.1. | Approach angle (na): ... degrees |
| --- | --- |

2.4.1.4.1.

Approach angle (na): ... degrees

| 2.4.1.5.1. | Departure angle (nb): ... degrees |
| --- | --- |

2.4.1.5.1.

Departure angle (nb): ... degrees

| 2.4.1.6. | Ground clearance (as defined in point 4.5 of section A of Annex II to Directive 2007/46/EC) |
| --- | --- |

2.4.1.6.

Ground clearance (as defined in point 4.5 of section A of Annex II to Directive 2007/46/EC)

| 2.4.1.6.1. | Between the axles: |
| --- | --- |

2.4.1.6.1.

Between the axles:

| 2.4.1.6.2. | Under the front axle(s): |
| --- | --- |

2.4.1.6.2.

Under the front axle(s):

| 2.4.1.6.3. | Under the rear axle(s): |
| --- | --- |

2.4.1.6.3.

Under the rear axle(s):

| 2.4.1.7. | Ramp angle (nc): ... degrees |
| --- | --- |

2.4.1.7.

Ramp angle (nc): ... degrees

| 2.4.2. | For chassis with bodywork |
| --- | --- |

2.4.2.

For chassis with bodywork

| 2.4.2.4.1. | Approach angle (na): ... degrees |
| --- | --- |

2.4.2.4.1.

Approach angle (na): ... degrees

| 2.4.2.5.1. | Departure angle (nb): ... degrees |
| --- | --- |

2.4.2.5.1.

Departure angle (nb): ... degrees

| 2.4.2.6. | Ground clearance (as defined in point 4.5 of section A of Annex II to Directive 2007/46/EC) |
| --- | --- |

2.4.2.6.

Ground clearance (as defined in point 4.5 of section A of Annex II to Directive 2007/46/EC)

| 2.4.2.6.1. | Between the axles: |
| --- | --- |

2.4.2.6.1.

Between the axles:

| 2.4.2.6.2. | Under the front axle(s): |
| --- | --- |

2.4.2.6.2.

Under the front axle(s):

| 2.4.2.6.3. | Under the rear axle(s): |
| --- | --- |

2.4.2.6.3.

Under the rear axle(s):

| 2.4.2.7. | Ramp angle (nc): ... degrees |
| --- | --- |

2.4.2.7.

Ramp angle (nc): ... degrees

| 2.15. | Hill-starting ability (solo vehicle): ... % |
| --- | --- |

2.15.

Hill-starting ability (solo vehicle): ... %

| 4.9. | Differential lock: yes/no/optional (1) |
| --- | --- |

4.9.

Differential lock: yes/no/optional (1)

Date, File

---

(1)  The item numbers and footnotes used in this information document correspond to those set out in Annex I to Directive 2007/46/EC. Items not relevant for the purpose of this Regulation are omitted.

(2)  Delete as applicable.

(3)  Delete as applicable.

(4)  Delete as applicable.

(5)  Delete as applicable.

(6)  Delete as applicable.

(7)  Delete as applicable.

(8)  Delete as applicable.

(9)  Delete as applicable.

(10)  Continuously variable transmission.

(1)  Delete as applicable.

Appendix 2

Model EU type-approval certificate

(Maximum Format: A4 (210 × 297 mm))

Stamp of administration

Communication concerning the

| — | type-approval (1) |
| --- | --- |

—

type-approval (1)

| — | extension of type-approval (2) |
| --- | --- |

—

extension of type-approval (2)

| — | refusal of type-approval (3) |
| --- | --- |

—

refusal of type-approval (3)

| — | withdrawal of type-approval (4) |
| --- | --- |

—

withdrawal of type-approval (4)

of a type of a vehicle/component/separate technical unit (5) with regard to Directive .../.../EU, as last amended by Directive .../.../EU.

Type-approval number:

Reason for extension:

SECTION I

| 0.1. | Make (trade name of manufacturer): |
| --- | --- |

0.1.

Make (trade name of manufacturer):

| 0.2. | Type and general commercial description(s): |
| --- | --- |

0.2.

Type and general commercial description(s):

| 0.3. | Means of identification of type if marked on the vehicle/component/separate technical unit (6)
   (7) |
| --- | --- |

0.3.

Means of identification of type if marked on the vehicle/component/separate technical unit (6)
   (7)

| 0.3.1. | Location of that marking. |
| --- | --- |

0.3.1.

Location of that marking.

| 0.4. | Category of vehicle (8): |
| --- | --- |

0.4.

Category of vehicle (8):

| 0.5. | Name and address of manufacturer: |
| --- | --- |

0.5.

Name and address of manufacturer:

| 0.7. | In the case of components and separate technical units, location and method of affixing of the EU approval mark: |
| --- | --- |

0.7.

In the case of components and separate technical units, location and method of affixing of the EU approval mark:

| 0.8. | Address(es) of assembly plant(s) |
| --- | --- |

0.8.

Address(es) of assembly plant(s)

SECTION II

| 1. | Additional information (where applicable): See Appendix 3 |
| --- | --- |

1.

Additional information (where applicable): See Appendix 3

| 2. | Technical service responsible for carrying out the tests: |
| --- | --- |

2.

Technical service responsible for carrying out the tests:

| 3. | Date of test report: |
| --- | --- |

3.

Date of test report:

| 4. | Number of test report: |
| --- | --- |

4.

Number of test report:

| 5. | Remarks (if any): See Appendix 3 |
| --- | --- |

5.

Remarks (if any): See Appendix 3

| 6. | Place: |
| --- | --- |

6.

Place:

| 7. | Date: |
| --- | --- |

7.

Date:

| 8. | Signature: |
| --- | --- |

8.

Signature:

| 9. | The index to the information package lodged with the approval authority, which may be obtained on request, is attached. |
| --- | --- |

9.

The index to the information package lodged with the approval authority, which may be obtained on request, is attached.

---

(1)  Delete as applicable.

(2)  Delete as applicable.

(3)  Delete as applicable.

(4)  Delete as applicable.

(5)  Delete as applicable.

(6)  Delete as applicable.

(7)  If the means of identification of type contains characters not relevant to describe the vehicle, component or separate technical unit types covered by the type-approval certificate such characters shall be represented in the documentation by the symbol: ‘?’ (e.g. ABC??123??).

(8)  As defined in Annex IIA to Directive 2007/46/EC.

Appendix 3

Vehicle and test data
   (1)

| 1. | Trade name or mark of the vehicle |
| --- | --- |
| 2. | Vehicle type |
| 2.1. | Maximum mass including semi-trailer (where applicable) |
| 3. | Manufacturer's name and address |
| 4. | If applicable, name and address of manufacturer's representative |
| 5. | Engine: |
| 5.1. | Manufacturer: |
| 5.2. | Type: |
| 5.3. | Model: |
| 5.4. | Rated maximum power (ECE): ... kW at ... min-1 (rpm). |
| 5.5. | Kind of engine: e.g. positive-ignition, compression ignition, etc. (2) |
| 5.6. | Cycles: two stroke or four-stroke (if applicable) |
| 5.7. | Cylinder capacity (if applicable) |
| 6. | Transmission: non-automatic gearbox/automatic gearbox (3) |
| 6.1. | Number of gears |
| 7. | Equipment: |
| 7.1. | Exhaust silencer: |
| 7.1.1. | Manufacturer or authorized representative (if any) |
| 7.1.2. | Model: |
| 7.1.3. | Type: ... in accordance with drawing No.: ... |
| 7.2. | Intake silencer: |
| 7.2.1. | Manufacturer or authorized representative (if any) |
| 7.2.2. | Model: |
| 7.2.3. | Type: ... in accordance with drawing No.: ... |
| 7.3. | Elements of capsulation |
| 7.3.1. | Elements of noise encapsulation as defined by the vehicle manufacturer |
| 7.3.2. | Manufacturer or authorized representative (if any) |
| 7.4. | Tyres |
| 7.4.1. | Tyre size(s) (by axle): |
| 8. | Measurements: |
| 8.1. | Length of the vehicle (lveh): ... mm |
| 8.2. | Point of accelerator depression: ... m before line AA’ |
| 8.2.1. | Engine speed in gear i at:
  AA'/PP' (2) ... min-1 (rpm) |
| | BB’ ... min-1 (rpm) |
| 8.2.2. | Engine speed in gear (i+1) at:
  AA'/PP' (2) ... min-1 (rpm) |
| | BB' ... min-1 (rpm) |
| 8.3. | Type-approval number of tyre(s): |
| | if not available, the following information shall be provided: |
| 8.3.1. | Tyre manufacturer |
| 8.3.2. | Commercial description(s) of the type of tyre (by axle), (e.g. trade name, speed index, load index): ... |
| 8.3.3. | Tyre size (by axle): ... |
| 8.3.4. | Type-approval number (if available): ... |
| 8.4. | Noise level of moving vehicle: |
| | Test result (Lurban): ... dB(A) |
| | Test result (Lwot): ... dB(A) |
| | Test result (Lcruise): ... dB(A) |
| | kP — factor: ... |
| 8.5. | Noise level of stationary vehicle: |
| | Position and orientation of microphone (according to figure 2 in Appendix 1 of Annex II) |
| | Test result for stationary test: ... dB(A) |
| 8.6. | Noise level of compressed air sound: |
| | Test result for |
| | — | service brake: ... dB(A) |

1.

Trade name or mark of the vehicle

2.

Vehicle type

2.1.

Maximum mass including semi-trailer (where applicable)

3.

Manufacturer's name and address

4.

If applicable, name and address of manufacturer's representative

5.

Engine:

5.1.

Manufacturer:

5.2.

Type:

5.3.

Model:

5.4.

Rated maximum power (ECE): ... kW at ... min-1 (rpm).

5.5.

Kind of engine: e.g. positive-ignition, compression ignition, etc. (2)

5.6.

Cycles: two stroke or four-stroke (if applicable)

5.7.

Cylinder capacity (if applicable)

6.

Transmission: non-automatic gearbox/automatic gearbox (3)

6.1.

Number of gears

7.

Equipment:

7.1.

Exhaust silencer:

7.1.1.

Manufacturer or authorized representative (if any)

7.1.2.

Model:

7.1.3.

Type: ... in accordance with drawing No.: ...

7.2.

Intake silencer:

7.2.1.

Manufacturer or authorized representative (if any)

7.2.2.

Model:

7.2.3.

Type: ... in accordance with drawing No.: ...

7.3.

Elements of capsulation

7.3.1.

Elements of noise encapsulation as defined by the vehicle manufacturer

7.3.2.

Manufacturer or authorized representative (if any)

7.4.

Tyres

7.4.1.

Tyre size(s) (by axle):

8.

Measurements:

8.1.

Length of the vehicle (lveh): ... mm

8.2.

Point of accelerator depression: ... m before line AA’

8.2.1.

Engine speed in gear i at:

AA'/PP' (2) ... min-1 (rpm)

BB’ ... min-1 (rpm)

8.2.2.

Engine speed in gear (i+1) at:

AA'/PP' (2) ... min-1 (rpm)

BB' ... min-1 (rpm)

8.3.

Type-approval number of tyre(s):

if not available, the following information shall be provided:

8.3.1.

Tyre manufacturer

8.3.2.

Commercial description(s) of the type of tyre (by axle), (e.g. trade name, speed index, load index): ...

8.3.3.

Tyre size (by axle): ...

8.3.4.

Type-approval number (if available): ...

8.4.

Noise level of moving vehicle:

Test result (Lurban): ... dB(A)

Test result (Lwot): ... dB(A)

Test result (Lcruise): ... dB(A)

kP — factor: ...

8.5.

Noise level of stationary vehicle:

Position and orientation of microphone (according to figure 2 in Appendix 1 of Annex II)

Test result for stationary test: ... dB(A)

8.6.

Noise level of compressed air sound:

Test result for

—

service brake: ... dB(A)

| — | parking brake: ... dB(A) |
| --- | --- |

—

parking brake: ... dB(A)

| — | during the pressure regulator actuation: ... dB(A) |
| --- | --- |

—

during the pressure regulator actuation: ... dB(A)

9.

Vehicle submitted for approval on:

10.

Technical service responsible for type-approval tests:

11.

Date of test report issued by that service:

12.

Number of test report issued by that service:

13.

Position of approval mark on the vehicle

14.

Place

15.

Date

16.

Signature

17.

The following documents, bearing the approval number shown above, are annexed to this document:

...

...

drawings and/or photographs, diagrams and plans of the engine and of the noise reduction system;

list of components, duly identified constituting the noise reduction system.

18.

Reason for extension of approval:

19.

Remarks

---

(1)  Information reported in Appendix 1 to Annex I need not be repeated.

(2)  If a non-conventional engine is used, this should be stated.

(3)  Strike out what does not apply.

ANNEX II

Methods and instruments for measuring the noise made by motor vehicles

| 1. | METHODS OF MEASUREMENT |
| --- | --- |
| 1.1. | The noise made by the vehicle type submitted for approval shall be measured by the two methods described in this Annex for the vehicle in motion and for the vehicle when stationary (1). In the case of a vehicle where an internal combustion engine does not operate when the vehicle is stationary, the emitted noise shall only be measured in motion.
  Vehicles having a maximum permissible mass exceeding 2 800  kg shall be subjected to an additional measurement of the compressed air noise with the vehicle stationary in accordance with the specifications of Annex V, if the corresponding brake equipment is part of the vehicle. |
| 1.2. | The two values measured in accordance with the tests set out in point 1.1 shall be entered in the test report and on a form conforming to the model laid down in Appendix 3 to Annex I. |
| 2. | MEASURING INSTRUMENTS |
| 2.1. | Acoustic measurements |
| | The apparatus used for measuring the noise level must be a precision sound-level meter or equivalent measurement system meeting the requirements of class 1 instruments (inclusive of the recommended windscreen, if used). These requirements are described in ‘IEC 61672-1:2002: Precision sound level meters’, second edition, of the International Electrotechnical Commission (IEC). |
| | Measurements shall be carried out using the ‘fast’ response of the acoustic measurement instrument and the ‘A’ weighting curve also described in ‘IEC 61672-1:2002’. When using a system that includes a periodic monitoring of the A-weighted sound pressure level, a reading should be made at a time interval not greater than 30 ms (milliseconds). |
| | The instruments shall be maintained and calibrated in accordance with the instructions of the instrument manufacturer. |
| 2.2. | Compliance with requirements |
| | Compliance of the acoustic measurement instrumentation shall be verified by the existence of a valid certificate of compliance. Those certificates shall be deemed to be valid if certification of compliance with the standards was conducted within the previous 12-month period for the sound calibration device and within the previous 24-month period for the instrumentation system. All compliance testing must be conducted by a laboratory, which is authorized to perform calibrations traceable to the appropriate standards. |
| 2.3. | Calibration of the entire Acoustic Measurement System for Measurement Session |
| | At the beginning and at the end of every measurement session, the entire acoustic measurement system shall be checked by means of a sound calibrator that fulfils the requirements for sound calibrators of precision class 1 according to IEC 60942: 2003. Without any further adjustment the difference between the readings shall be less than or equal to 0,5  dB. If this value is exceeded, the results of the measurements obtained after the previous satisfactory check shall be discarded. |
| 2.4. | Instrumentation for speed measurements |
| | The engine speed shall be measured with instrumentation having an accuracy of ± 2 per cent or better at the engine speeds required for the measurements being performed.
  The road speed of the vehicle shall be measured with instrumentation having an accuracy of at least ±0,5  km/h, when using continuous measurement devices.
  If testing uses independent measurements of speed, this instrumentation must meet specification limits of at least ±0,2  km/h. |
| 2.5. | Meteorological instrumentation |
| | The meteorological instrumentation used to monitor the environmental conditions during the test shall include the following devices, which meet at least the accuracies listed below:






  — | temperature measuring device, ±1 oC; |

1.

METHODS OF MEASUREMENT

1.1.

The noise made by the vehicle type submitted for approval shall be measured by the two methods described in this Annex for the vehicle in motion and for the vehicle when stationary (1). In the case of a vehicle where an internal combustion engine does not operate when the vehicle is stationary, the emitted noise shall only be measured in motion.

Vehicles having a maximum permissible mass exceeding 2 800  kg shall be subjected to an additional measurement of the compressed air noise with the vehicle stationary in accordance with the specifications of Annex V, if the corresponding brake equipment is part of the vehicle.

1.2.

The two values measured in accordance with the tests set out in point 1.1 shall be entered in the test report and on a form conforming to the model laid down in Appendix 3 to Annex I.

2.

MEASURING INSTRUMENTS

2.1.

Acoustic measurements

The apparatus used for measuring the noise level must be a precision sound-level meter or equivalent measurement system meeting the requirements of class 1 instruments (inclusive of the recommended windscreen, if used). These requirements are described in ‘IEC 61672-1:2002: Precision sound level meters’, second edition, of the International Electrotechnical Commission (IEC).

Measurements shall be carried out using the ‘fast’ response of the acoustic measurement instrument and the ‘A’ weighting curve also described in ‘IEC 61672-1:2002’. When using a system that includes a periodic monitoring of the A-weighted sound pressure level, a reading should be made at a time interval not greater than 30 ms (milliseconds).

The instruments shall be maintained and calibrated in accordance with the instructions of the instrument manufacturer.

2.2.

Compliance with requirements

Compliance of the acoustic measurement instrumentation shall be verified by the existence of a valid certificate of compliance. Those certificates shall be deemed to be valid if certification of compliance with the standards was conducted within the previous 12-month period for the sound calibration device and within the previous 24-month period for the instrumentation system. All compliance testing must be conducted by a laboratory, which is authorized to perform calibrations traceable to the appropriate standards.

2.3.

Calibration of the entire Acoustic Measurement System for Measurement Session

At the beginning and at the end of every measurement session, the entire acoustic measurement system shall be checked by means of a sound calibrator that fulfils the requirements for sound calibrators of precision class 1 according to IEC 60942: 2003. Without any further adjustment the difference between the readings shall be less than or equal to 0,5  dB. If this value is exceeded, the results of the measurements obtained after the previous satisfactory check shall be discarded.

2.4.

Instrumentation for speed measurements

The engine speed shall be measured with instrumentation having an accuracy of ± 2 per cent or better at the engine speeds required for the measurements being performed.

The road speed of the vehicle shall be measured with instrumentation having an accuracy of at least ±0,5  km/h, when using continuous measurement devices.

If testing uses independent measurements of speed, this instrumentation must meet specification limits of at least ±0,2  km/h.

2.5.

Meteorological instrumentation

The meteorological instrumentation used to monitor the environmental conditions during the test shall include the following devices, which meet at least the accuracies listed below:

—

temperature measuring device, ±1 oC;

| — | wind speed-measuring device, ±1,0  m/s; |
| --- | --- |

—

wind speed-measuring device, ±1,0  m/s;

| — | barometric pressure measuring device, ± 5 hPa; |
| --- | --- |

—

barometric pressure measuring device, ± 5 hPa;

| — | a relative humidity measuring device, ± 5 per cent. |
| --- | --- |

—

a relative humidity measuring device, ± 5 per cent.

3.

CONDITIONS OF MEASUREMENT

3.1.

Test Site (2) and ambient conditions

The test site shall be substantially level. The surface of the test track shall be dry. The test site shall be such that when a small omni-directional noise source is placed on its surface at the central point (intersection of the microphone line PP' (3) and the centre line of the vehicle lane CC' (4)), deviations from hemispherical acoustic divergence shall not exceed ± 1 dB

This condition is deemed to be satisfied if the following requirements are met:

| (a) | Within a radius of 50 m from the centre of the track the space is free of large reflecting objects such as fences, rocks, bridges or buildings; |
| --- | --- |

(a)

Within a radius of 50 m from the centre of the track the space is free of large reflecting objects such as fences, rocks, bridges or buildings;

| (b) | The test track and the surface of the site are dry and free from absorbing materials such as powdery snow, or loose debris; |
| --- | --- |

(b)

The test track and the surface of the site are dry and free from absorbing materials such as powdery snow, or loose debris;

| (c) | In the vicinity of the microphone, there is no obstacle that could influence the acoustical field and no person is positioned between the microphone and the noise source. The meter observer is positioned so as not to influence the meter reading. |
| --- | --- |

(c)

In the vicinity of the microphone, there is no obstacle that could influence the acoustical field and no person is positioned between the microphone and the noise source. The meter observer is positioned so as not to influence the meter reading.

Measurements shall not be made under adverse weather conditions. It must be ensured that the results are not affected by gusts of wind.

The meteorological instrumentation should be positioned adjacent to the test area at a height of 1,2  m ± 0,02  m. The measurements shall be made when the ambient air temperature is between + 5 oC and + 40 oC.

The tests shall not be carried out if the wind speed, including gusts, at microphone height exceeds 5 m/s, during the noise measurement interval.

A value representative of temperature, wind speed and direction, relative humidity, and barometric pressure shall be recorded during the noise measurement interval.

Any noise peak which appears to be unrelated to the characteristics of the general noise level of the vehicle shall be ignored in taking the readings.

The background noise shall be measured for a duration of 10 seconds immediately before and after a series of vehicle tests. The measurements shall be made with the same microphones and microphone locations used during the test. The A-weighted maximum noise pressure level shall be reported.

The background noise (including any wind noise) shall be at least 10 dB below the A-weighted noise pressure level produced by the vehicle under test. If the difference between the ambient noise and the measured noise is between 10 and 15 dB(A), the appropriate correction must be subtracted from the readings on the noise-level meter in order to calculate the test results, as in the following table:

Difference between ambient noise and noise to be measured dB(A)

| Difference between ambient noise and noise to be measured dB(A) | 10 | 11 | 12 | 13 | 14 | 15 |
| --- | --- | --- | --- | --- | --- | --- |
| Correction dB(A) | 0,5 | 0,4 | 0,3 | 0,2 | 0,1 | 0,0 |

10

11

12

13

14

15

Correction dB(A)

0,5

0,4

0,3

0,2

0,1

0,0

| 3.2. | Vehicle |
| --- | --- |
| 3.2.1. | The vehicle tested shall be selected in a way so that that all vehicles of the same type which are put on the market fulfil the requirements of this Regulation
  representative of vehicles to be put on the market as specified by the manufacturer
  . Measurements shall be made without any trailer, except in the case of non-separable vehicles. Measurements shall be made on vehicles at the test mass mt specified according to the following table: [Am. 48] |

3.2.

Vehicle

3.2.1.

The vehicle tested shall be selected in a way so that that all vehicles of the same type which are put on the market fulfil the requirements of this Regulation
  representative of vehicles to be put on the market as specified by the manufacturer
  . Measurements shall be made without any trailer, except in the case of non-separable vehicles. Measurements shall be made on vehicles at the test mass mt specified according to the following table: [Am. 48]

| Vehicle category | Vehicle test mass (mt) |
| --- | --- |
| M1 | mt = mro |
| N1 | mt = mro |
| N2, N3 | mt = 50 kg per kW rated engine power
  Extra loading to reach the test mass of the vehicle shall be placed above the driven rear axle(s). The extra loading is limited to 75 per cent of the maximum mass allowed for the rear axle. The test mass must be achieved with a tolerance of ± 5 per cent.
  If the centre of gravity of the extra loading cannot be aligned with the centre of the rear axle, the test mass of the vehicle shall not exceed the sum of the front axle and the rear axle load in un-laden condition plus the extra loading.
  The test mass for vehicles with more than two axles shall be the same as for a two-axle vehicle. |
| M2, M3 | mt = mro — mass of the crew member (if applicable) |

Vehicle category

Vehicle test mass (mt)

M1

mt = mro

N1

mt = mro

N2, N3

mt = 50 kg per kW rated engine power

Extra loading to reach the test mass of the vehicle shall be placed above the driven rear axle(s). The extra loading is limited to 75 per cent of the maximum mass allowed for the rear axle. The test mass must be achieved with a tolerance of ± 5 per cent.

If the centre of gravity of the extra loading cannot be aligned with the centre of the rear axle, the test mass of the vehicle shall not exceed the sum of the front axle and the rear axle load in un-laden condition plus the extra loading.

The test mass for vehicles with more than two axles shall be the same as for a two-axle vehicle.

M2, M3

mt = mro — mass of the crew member (if applicable)

| 3.2.2. | Tyre rolling sound emissions are laid down in Regulation (EC) No 661/2009 on the general safety of motor vehicles. The tyres to be used for the test shall be representative for the vehicle and shall be selected by the vehicle manufacturer and recorded in Appendix 3 to Annex I of this Regulation. They shall correspond to one of the tyre sizes designated for the vehicle as original equipment. The tyre is or will be commercially available on the market at the same time as the vehicle (5). The tyres shall be inflated to the pressure recommended by the vehicle manufacturer for the test mass of the vehicle. The tyres shall have at least legal tread depth. |
| --- | --- |
| 3.2.3. | Before the measurements are started, the engine shall be brought to its normal operating conditions. |
| 3.2.4. | If the vehicle is fitted with more than two-wheel drive, it shall be tested in the drive which is intended for normal road use. |
| 3.2.5. | If the vehicle is fitted with one or more fans having an automatic actuating mechanism, this system shall not be interfered with during the measurements. |
| 3.2.6. | If the vehicle is equipped with an exhaust system containing fibrous materials, the exhaust system is to be conditioned before the test in accordance with Annex IV. |
| | |
| 4. | METHODS OF TESTING |
| 4.1. | Measurement of noise of vehicles in motion |
| 4.1.1. | General test conditions |
| | Two lines, AA' and BB', parallel to line PP' and situated respectively 10 m forward and 10 m rearward of line PP' shall be marked out on the test runway. |
| | At least four measurements shall be made on each side of the vehicle and for each gear. Preliminary measurements may be made for adjustment purposes, but shall be disregarded. |
| | The microphone shall be located at a distance of 7,5  m ±0,05  m from the reference line CC' of the track and 1,2  m ±0,02  m above the ground. |
| | The reference axis for free field conditions (see IEC 61672-1:2002) shall be horizontal and directed perpendicularly towards the path of the vehicle line CC'. |
| 4.1.2. | Specific test conditions for vehicles |
| 4.1.2.1. | Vehicles of category M1, M2 ≤ 3 500  kg, N1 |
| | The path of the centreline of the vehicle shall follow line CC' as closely as possible throughout the entire test, from the approach to line AA' until the rear of the vehicle passes line BB'. If the vehicle is fitted with more than two-wheel drive, test it in the drive selection which is intended for normal road use. |
| | If the vehicle is fitted with an auxiliary manual transmission or a multi-gear axle, the position used for normal urban driving shall be used. In all cases, the gear ratios for slow movements, parking or braking shall be excluded. |
| | The test mass of the vehicle shall be be that set out in the Table in point 3.2.1 |
| | The test speed vtest is 50 km/h ± 1 km/h. The test speed must be reached, when the reference point is at line PP’. |
| 4.1.2.1.1. | Power to mass ratio index (PMR) |
| | PMR is defined as follows: |
| | PMR = (Pn/mt) x 1 000 in [kW/1 000 kg] |
| | The power to mass ratio index (PMR) is used for the calculation of acceleration. |
| 4.1.2.1.2. | Calculation of acceleration |
| | Acceleration calculations are applicable to M1, N1 and M2 ≤ 3 500  kg categories only. |
| | All accelerations are calculated using different speeds of the vehicle on the test track (6). The formulae given are used for the calculation of awot i, awot i+1 and awot test. The speed either at AA' or PP' is defined as the vehicle speed when the reference point passes AA' (vAA') or PP' (vPP'). The speed at BB’ is defined when the rear of the vehicle passes BB' (vBB'). The method used for determination of the acceleration shall be indicated in the test report. |
| | Due to the definition of the reference point for the vehicle the length of the vehicle (lveh) is considered differently in the formula below. If the reference point is in the front of the vehicle, then l = lveh, mid: l = 1⁄2 lveh and rear: l = 0. |
| 4.1.2.1.2.1 | The calculation procedure for vehicles with manual transmission, automatic transmission, adaptive transmissions and transmissions with variable gear ratios (CVTs (7)) tested with locked gear ratios is as follows: |
| | awot test = ((vBB'/3.6)2 — (vAA'/3.6)2)/(2*(20+l)) |
| | awot test used in the determination of gear selection shall be the average of the four awot test, i during each valid measurement run. |
| | Pre-acceleration may be used. The point of depressing the accelerator before line AA' shall be reported in the vehicle and test data (see Appendix 3 to Annex I). |
| 4.1.2.1.2.2. | The calculation procedure for vehicles with automatic transmissions, adaptive transmissions and continuous variable transmissions (CVTs) tested with non-locked gear ratios is as follows: |
| | awot test used in the determination of gear selection shall be the average of the four awot test, i during each valid measurement run. |
| | Where devices or measures described in point 4.1.2.1.4.2. can be used to control transmission operation for the purpose of achieving test requirements, calculate awot test using the equation: |
| | awot test = ((vBB'/3.6)2 — (vAA'/3.6)2)/(2*(20+l)) |
| | Pre-acceleration may be used. |
| | Where devices or measures described in point 4.1.2.1.4.2. are not used, calculate awot test using the equation: |
| | awot_testPP-BB = ((vBB'/3.6)2 — (vPP'/3.6)2)/(2*(10+l)) |
| | Pre-acceleration shall not be used. |
| | The location of depressing the accelerator shall be where the reference point of the vehicle passes line AA'. |
| 4.1.2.1.2.3 | Target acceleration |
| | The target acceleration a urban defines the typical acceleration in urban traffic and is derived from statistical investigations. It is a function depending on the PMR of a vehicle. |
| | The target acceleration a urban is defined by: |
| | a urban = 0,63 * log10 (PMR) -0,09 |
| 4.1.2.1.2.4. | Reference acceleration |
| | The reference acceleration awot ref defines the required acceleration during the accelerated test on the test track. It is a function depending on the power-to-mass ratio of a vehicle. That function is different for specific vehicle categories. |
| | The reference acceleration awot ref is defined by: |
| | a wot ref = 1,59 * log10 (PMR) - 1,41 for PMR ≥ 25 |
| | a wot ref = a urban = 0,63 * log10 (PMR) -0,09 for PMR < 25 |
| 4.1.2.1.3. | Partial power factor kP |
| | The partial power factor kP (see point 4.1.3.1.) is used for the weighted combination of the test results of the acceleration test and the constant speed test for vehicles of category M1 and N1. |
| | In cases other than a single gear test, a wot ref has to be used instead of a awot test (see point 3.1.3.1.). |
| 4.1.2.1.4. | Gear ratio selection |
| | The selection of gear ratios for the test depends on their specific acceleration potential awot under full throttle condition, according to the reference acceleration awot ref required for the full throttle acceleration test. |
| | Some vehicles may have different software programs or modes for the transmission (e.g. sporty, winter, adaptive). Where the vehicle has different modes leading to valid accelerations, the vehicle manufacturer shall prove to the satisfaction of the technical service, that the vehicle is tested in the mode which achieves an acceleration closest to a wot ref. |
| 4.1.2.1.4.1. | Vehicles with manual transmissions, automatic transmissions, adaptive transmissions or CVTs tested with locked gear ratios |
| | The following conditions for selection of gear ratios are possible: |
| | (a) | If one specific gear ratio gives an acceleration in a tolerance band of ± 5 % of the reference acceleration awot ref, not exceeding 3,0  m/s2


  2,0  m/s2

  , test with that gear ratio. |

3.2.2.

Tyre rolling sound emissions are laid down in Regulation (EC) No 661/2009 on the general safety of motor vehicles. The tyres to be used for the test shall be representative for the vehicle and shall be selected by the vehicle manufacturer and recorded in Appendix 3 to Annex I of this Regulation. They shall correspond to one of the tyre sizes designated for the vehicle as original equipment. The tyre is or will be commercially available on the market at the same time as the vehicle (5). The tyres shall be inflated to the pressure recommended by the vehicle manufacturer for the test mass of the vehicle. The tyres shall have at least legal tread depth.

3.2.3.

Before the measurements are started, the engine shall be brought to its normal operating conditions.

3.2.4.

If the vehicle is fitted with more than two-wheel drive, it shall be tested in the drive which is intended for normal road use.

3.2.5.

If the vehicle is fitted with one or more fans having an automatic actuating mechanism, this system shall not be interfered with during the measurements.

3.2.6.

If the vehicle is equipped with an exhaust system containing fibrous materials, the exhaust system is to be conditioned before the test in accordance with Annex IV.

4.

METHODS OF TESTING

4.1.

Measurement of noise of vehicles in motion

4.1.1.

General test conditions

Two lines, AA' and BB', parallel to line PP' and situated respectively 10 m forward and 10 m rearward of line PP' shall be marked out on the test runway.

At least four measurements shall be made on each side of the vehicle and for each gear. Preliminary measurements may be made for adjustment purposes, but shall be disregarded.

The microphone shall be located at a distance of 7,5  m ±0,05  m from the reference line CC' of the track and 1,2  m ±0,02  m above the ground.

The reference axis for free field conditions (see IEC 61672-1:2002) shall be horizontal and directed perpendicularly towards the path of the vehicle line CC'.

4.1.2.

Specific test conditions for vehicles

4.1.2.1.

Vehicles of category M1, M2 ≤ 3 500  kg, N1

The path of the centreline of the vehicle shall follow line CC' as closely as possible throughout the entire test, from the approach to line AA' until the rear of the vehicle passes line BB'. If the vehicle is fitted with more than two-wheel drive, test it in the drive selection which is intended for normal road use.

If the vehicle is fitted with an auxiliary manual transmission or a multi-gear axle, the position used for normal urban driving shall be used. In all cases, the gear ratios for slow movements, parking or braking shall be excluded.

The test mass of the vehicle shall be be that set out in the Table in point 3.2.1

The test speed vtest is 50 km/h ± 1 km/h. The test speed must be reached, when the reference point is at line PP’.

4.1.2.1.1.

Power to mass ratio index (PMR)

PMR is defined as follows:

PMR = (Pn/mt) x 1 000 in [kW/1 000 kg]

The power to mass ratio index (PMR) is used for the calculation of acceleration.

4.1.2.1.2.

Calculation of acceleration

Acceleration calculations are applicable to M1, N1 and M2 ≤ 3 500  kg categories only.

All accelerations are calculated using different speeds of the vehicle on the test track (6). The formulae given are used for the calculation of awot i, awot i+1 and awot test. The speed either at AA' or PP' is defined as the vehicle speed when the reference point passes AA' (vAA') or PP' (vPP'). The speed at BB’ is defined when the rear of the vehicle passes BB' (vBB'). The method used for determination of the acceleration shall be indicated in the test report.

Due to the definition of the reference point for the vehicle the length of the vehicle (lveh) is considered differently in the formula below. If the reference point is in the front of the vehicle, then l = lveh, mid: l = 1⁄2 lveh and rear: l = 0.

4.1.2.1.2.1

The calculation procedure for vehicles with manual transmission, automatic transmission, adaptive transmissions and transmissions with variable gear ratios (CVTs (7)) tested with locked gear ratios is as follows:

awot test = ((vBB'/3.6)2 — (vAA'/3.6)2)/(2*(20+l))

awot test used in the determination of gear selection shall be the average of the four awot test, i during each valid measurement run.

Pre-acceleration may be used. The point of depressing the accelerator before line AA' shall be reported in the vehicle and test data (see Appendix 3 to Annex I).

4.1.2.1.2.2.

The calculation procedure for vehicles with automatic transmissions, adaptive transmissions and continuous variable transmissions (CVTs) tested with non-locked gear ratios is as follows:

awot test used in the determination of gear selection shall be the average of the four awot test, i during each valid measurement run.

Where devices or measures described in point 4.1.2.1.4.2. can be used to control transmission operation for the purpose of achieving test requirements, calculate awot test using the equation:

awot test = ((vBB'/3.6)2 — (vAA'/3.6)2)/(2*(20+l))

Pre-acceleration may be used.

Where devices or measures described in point 4.1.2.1.4.2. are not used, calculate awot test using the equation:

awot_testPP-BB = ((vBB'/3.6)2 — (vPP'/3.6)2)/(2*(10+l))

Pre-acceleration shall not be used.

The location of depressing the accelerator shall be where the reference point of the vehicle passes line AA'.

4.1.2.1.2.3

Target acceleration

The target acceleration a urban defines the typical acceleration in urban traffic and is derived from statistical investigations. It is a function depending on the PMR of a vehicle.

The target acceleration a urban is defined by:

a urban = 0,63 * log10 (PMR) -0,09

4.1.2.1.2.4.

Reference acceleration

The reference acceleration awot ref defines the required acceleration during the accelerated test on the test track. It is a function depending on the power-to-mass ratio of a vehicle. That function is different for specific vehicle categories.

The reference acceleration awot ref is defined by:

a wot ref = 1,59 * log10 (PMR) - 1,41 for PMR ≥ 25

a wot ref = a urban = 0,63 * log10 (PMR) -0,09 for PMR < 25

4.1.2.1.3.

Partial power factor kP

The partial power factor kP (see point 4.1.3.1.) is used for the weighted combination of the test results of the acceleration test and the constant speed test for vehicles of category M1 and N1.

In cases other than a single gear test, a wot ref has to be used instead of a awot test (see point 3.1.3.1.).

4.1.2.1.4.

Gear ratio selection

The selection of gear ratios for the test depends on their specific acceleration potential awot under full throttle condition, according to the reference acceleration awot ref required for the full throttle acceleration test.

Some vehicles may have different software programs or modes for the transmission (e.g. sporty, winter, adaptive). Where the vehicle has different modes leading to valid accelerations, the vehicle manufacturer shall prove to the satisfaction of the technical service, that the vehicle is tested in the mode which achieves an acceleration closest to a wot ref.

4.1.2.1.4.1.

Vehicles with manual transmissions, automatic transmissions, adaptive transmissions or CVTs tested with locked gear ratios

The following conditions for selection of gear ratios are possible:

(a)

If one specific gear ratio gives an acceleration in a tolerance band of ± 5 % of the reference acceleration awot ref, not exceeding 3,0  m/s2


  2,0  m/s2

  , test with that gear ratio.

| (b) | If none of the gear ratios give the required acceleration, then choose a gear ratio i, with an acceleration higher and a gear ratio i + 1, with an acceleration lower than the reference acceleration. If the acceleration value in gear ratio i does not exceed 3,0  m/s2


  2,0  m/s2

  , use both gear ratios for the test. The weighting ratio in relation to the reference acceleration awot ref is calculated by:
  k = (a wot ref — a wot (i+1))/(a wot (i) — a wot (i+1)) |
| --- | --- |

(b)

If none of the gear ratios give the required acceleration, then choose a gear ratio i, with an acceleration higher and a gear ratio i + 1, with an acceleration lower than the reference acceleration. If the acceleration value in gear ratio i does not exceed 3,0  m/s2


  2,0  m/s2

  , use both gear ratios for the test. The weighting ratio in relation to the reference acceleration awot ref is calculated by:

k = (a wot ref — a wot (i+1))/(a wot (i) — a wot (i+1))

| (c) | if the acceleration value of gear ratio i exceeds 3,0  m/s2


  2,0  m/s2

  , the first gear ratio shall be used that gives an acceleration below 3,0  m/s2


  2,0  m/s2

  unless gear ratio i + 1 provides
  an
  acceleration less than aurban. In this case, two gears, i and i + 1 shall be used, including the gear i with
  the
  acceleration exceeding 3,0  m/s2


  2,0  m/s2

  . In other cases, no other gear shall be used. The achieved acceleration awot test during the test shall be used for the calculation of the part power factor kP instead of awot ref. [Am. 50] |
| --- | --- |

(c)

if the acceleration value of gear ratio i exceeds 3,0  m/s2


  2,0  m/s2

  , the first gear ratio shall be used that gives an acceleration below 3,0  m/s2


  2,0  m/s2

  unless gear ratio i + 1 provides
  an
  acceleration less than aurban. In this case, two gears, i and i + 1 shall be used, including the gear i with
  the
  acceleration exceeding 3,0  m/s2


  2,0  m/s2

  . In other cases, no other gear shall be used. The achieved acceleration awot test during the test shall be used for the calculation of the part power factor kP instead of awot ref. [Am. 50]

| (d) | If the vehicle has a transmission in which there is only one selection for the gear ratio the acceleration test is carried out in this vehicle gear selection. The achieved acceleration is then used for the calculation of the part power factor kP instead of awot ref. |
| --- | --- |

(d)

If the vehicle has a transmission in which there is only one selection for the gear ratio the acceleration test is carried out in this vehicle gear selection. The achieved acceleration is then used for the calculation of the part power factor kP instead of awot ref.

| (e) | If rated engine speed is exceeded in a gear ratio before the vehicle passes BB' the next higher gear shall be used. |
| --- | --- |

(e)

If rated engine speed is exceeded in a gear ratio before the vehicle passes BB' the next higher gear shall be used.

4.1.2.1.4.2.

Vehicles with automatic transmission, adaptive transmissions and CVTs tested with non-locked gear ratios:

The gear selector position for full automatic operation shall be used.

The acceleration value awot test shall be calculated as defined in point 4.1.2.1.2.2.

The test may then include a gear change to a lower range and a higher acceleration. A gear change to a higher range and a lower acceleration is not allowed. A gear shifting to a gear ratio which is not used in urban traffic shall be avoided.

Therefore, it is permitted to establish and use electronic or mechanical devices, including alternate gear selector positions, to prevent a downshift to a gear ratio which is typically not used at the specified test condition in urban traffic.

The achieved acceleration awot test shall be greater or equal to aurban.

If possible, the manufacturer shall take measures to avoid an acceleration value awot test greater than 2,0  m/s2.

The achieved acceleration a wot test is then used for the calculation of the partial power factor kp (see point 4.1.2.1.3.) instead awot ref.

4.1.2.1.5.

Acceleration test

The manufacturer shall define the position of the reference point in front of line AA' of fully depressing the accelerator. The accelerator shall be fully depressed (as rapidly as is practicable) when the reference point of the vehicle reaches the defined point. The accelerator shall be kept in this depressed condition until the rear of the vehicle reaches line BB'. The accelerator shall then be released as rapidly as possible. The point of fully depressing the accelerator shall be reported in the vehicle and test data in accordance with Appendix 3 to Annex II. The technical service shall have the possibility of pretesting.

In the case of articulated vehicles consisting of two non-separable units regarded as a single vehicle, the semi-trailer shall be disregarded in determining when line BB' is crossed.

4.1.2.1.6.

Constant speed test

The constant speed test shall be carried out with the same gear(s) specified for the acceleration test and a constant speed of 50 km/h with a tolerance of ± 1 km/h between AA' and BB'. During the constant speed test the acceleration control shall be positioned to maintain a constant speed between AA' and BB' as specified. If the gear is locked for the acceleration test, the same gear shall be locked for the constant speed test.

The constant speed test is not required for vehicles with a PMR < 25.

4.1.2.2.

Vehicles of categories M2 > 3 500  kg, M3, N2, N3

The path of the centreline of the vehicle shall follow line CC' as closely as possible throughout the entire test, from the approach to line AA' until the rear of the vehicle passes line BB'. The test shall be conducted without a trailer or semi-trailer. If a trailer is not readily separable from the towing vehicle, the trailer shall not be taken into consideration when assessing the crossing of line BB'. If the vehicle incorporates equipment such as a concrete mixer, a compressor, etc, this equipment shall not be in operation during the test. The test mass of the vehicle shall be according to the table set out in point 3.2.1.

Target conditions of category M2 > 3 500  kg, N2

When the reference point passes line BB', the engine speed nBB’ shall be between 70 per cent and 74 per cent of speed S, at which the engine develops its rated maximum power, and the vehicle speed shall be 35 km/h ± 5 km/h. Between line AA' and line BB' a stable acceleration condition shall be ensured.

Target conditions of category M3, N3:

When the reference point passes line BB', the engine speed nBB' shall be between 85 per cent and 89 per cent of speed S, at which the engine develops its rated maximum power, and the vehicle speed shall be 35 km/h ± 5 km/h. Between line AA' and line BB' a stable acceleration condition shall be ensured.

4.1.2.2.1.

Gear ratio selection

4.1.2.2.1.1.

Vehicles with manual transmissions

Stable acceleration condition shall be ensured. The gear choice is determined by the target conditions. If the difference in speed exceeds the given tolerance, then two gears should be tested, one above and one below the target speed.

If more than one gear fulfils the target conditions, select that gear which is closest to 35 km/h. If no gear fulfils the target condition for vtest, two gears shall be tested, one above and one below vtest. The target engine speed shall be reached under any condition.

A stable acceleration condition shall be ensured. If a stable acceleration cannot be ensured in a gear, this gear has to be disregarded.

4.1.2.2.1.2.

Vehicles with automatic transmissions, adaptive transmissions and transmissions with variable gear ratio (CVTs)

The gear selector position for full automatic operation shall be used. The test may then include a gear change to a lower range and a higher acceleration. A gear change to a higher range and a lower acceleration shall not be permitted. A gear shifting to a gear ratio which is not used in urban traffic, at the specified test condition, shall be avoided. Therefore, it shall be permitted to establish and use electronic or mechanical devices to prevent a downshift to a gear ratio which is typically not used at the specified test condition in urban traffic.

If the vehicle includes a transmission design, which provides only a single gear selection (drive), which limits engine speed during the test, the vehicle shall be tested using only a target vehicle speed. If the vehicle uses an engine and transmission combination that does not fulfil the requirements set out in point 4.1.2.2.1.1., the vehicle shall be tested using only the target vehicle speed. The target vehicle speed (vBB') for the test is = 35 km/h ± 5km/h. A gear change to a higher range and a lower acceleration is allowed after the reference point of the vehicle passes line PP'. Two tests shall be performed, one with the end speed of vtest = vBB' + 5 km/h, and one with the end speed of vtest = vBB' — 5 km/h. The reported noise level is that result which is related to the test with the highest engine speed obtained during the test from AA' to BB'.

4.1.2.2.2.

Acceleration test

When the reference point of the vehicle reaches the line AA' the accelerator control shall be fully depressed (without operating the automatic downshift to a lower range than normally used in urban driving) and held fully depressed until the rear of the vehicle passes BB', but the reference point shall be at least 5 m behind BB'. The accelerator control shall then be released.

In the case of articulated vehicles consisting of two non-separable units regarded as a single vehicle, the semi-trailer shall be disregarded in determining when line BB' is crossed.

4.1.3.

Interpretation of results

The maximum A-weighted sound pressure level indicated during each passage of the vehicle between the two lines AA' and BB' shall be noted. If a noise peak obviously out of character with the general sound pressure level is observed, the measurement shall be discarded. At least four measurements for each test condition shall be made on each side of the vehicle and for each gear ratio. Left and right side may be measured simultaneously or sequentially. The first four valid consecutive measurement results, within 2 dB(A), allowing for the deletion of non valid results (see point 3.1.), shall be used for the calculation of the final result for the given side of the vehicle. The results of each side shall be averaged separately. The intermediate result is the higher value of the two averages mathematically rounded to the first decimal place.

The speed measurements at AA', BB', and PP' shall be noted and used in calculations to the first significant digit after the decimal place.

The calculated acceleration awot test shall be noted to the second digit after the decimal place.

4.1.3.1.

Vehicles of categories M1, N1 and M2 ≤ 3 500  kg

The calculated values for the acceleration test and the constant speed test are given by:

Lwot rep = Lwot (i+1) + k * (Lwot(i)- Lwot (i+1))

Lcrs rep = Lcrs(i+1) + k * (Lcrs (i) — Lcrs (i+1))

Where k = (awot ref — awot (i+1))/(awot (i) — awot (i+1))

In the case of a single gear ratio test the values are the test result of each test.

The final result is calculated by combining Lwot rep and Lcrs rep. The equation is:

Lurban = Lwot rep — kP * (Lwot rep– Lcrs rep)

The weighting factor kP gives the partial power factor for urban driving. In cases other than a single gear test kP is calculated by:

kP = 1 — (aurban/awot ref)

If only one gear was specified for the test kP is given by:

kP = 1 — (aurban/awot test)

In cases where awot test is less than aurban:

kP = 0

4.1.3.2.

Vehicles of categories M2 > 3 500  kg, M3, N2, N3

When one gear is tested the final result is equal to the intermediate result. When two gears are tested the arithmetic mean of the intermediate results shall be calculated.

4.2.

Measurement of noise emitted by stationary vehicles

4.2.1.

Sound level in the vicinity of vehicles

The measurement results shall be entered into the test report referred to in Appendix 3 to Annex I.

4.2.2.

Acoustic measurements

A precision sound level meter, or equivalent measuring system, as defined in point 2.1. shall be used for the measurements

4.2.3.

Test site — local conditions as referred to in figure 1 to Appendix 2 to Annex II

4.2.3.1.

In the vicinity of the microphone, there shall be no obstacle that could influence the acoustical field and no person shall remain between the microphone and the noise source. The meter observer shall be positioned so as not to influence the meter reading.

4.2.4.

Disturbance sound and wind interference

Readings on the measuring instruments produced by ambient noise and wind shall be at least 10 dB(A) below the sound level to be measured. A suitable windscreen may be fitted to the microphone provided that account is taken of its effect on the sensitivity of the microphone (see point 2.1.).

4.2.5.

Measuring method

4.2.5.1.

Nature and number of measurements

The maximum sound level expressed in A-weighted decibels (dB(A)) shall be measured during the operating period referred to in point 4.2.5.3.2.1.

At least three measurements shall be taken at each measuring point.

4.2.5.2.

Positioning and preparation of the vehicle

The vehicle shall be located in the centre part of the test area with the gear selector in the neutral position and the clutch engaged. If the design of the vehicle does not allow this, the vehicle shall be tested in conformity with the manufacturer's prescriptions for stationary engine testing. Before each series of measurements, the engine must be brought to its normal operating condition, as specified by the manufacturer.

If the vehicle is fitted with a fan or fans having an automatic actuating mechanism, this system shall not be interfered with during the sound level measurements.

The engine hood or compartment cover, if so fitted, shall be closed.

4.2.5.3.

Measuring of noise in proximity to the exhaust as referred to in Figure 1 to Appendix 2 to Annex II.

4.2.5.3.1.

Positions of the microphone

4.2.5.3.1.1.

The microphone shall be located at a distance of 0,5  m ±0,01  m from the reference point of the exhaust pipe defined in Figure 1, and at an angle of 45o(± 5o) to the flow axis of the pipe termination. The microphone shall be at the height of the reference point, but not less than 0,2  m from the ground surface. The reference axis of the microphone shall lie in a plane parallel to the ground surface and shall be directed toward the reference point on the exhaust outlet. If two microphone positions are possible, the location farthest laterally from the vehicle longitudinal centreline shall be used. If the flow axis of the exhaust outlet pipe is at 90o to the vehicle longitudinal centreline, the microphone shall be located at the point, which is farthest from the engine.

4.2.5.3.1.2.

For vehicles having an exhaust provided with outlets spaced more than 0,3  m apart, measurements shall be made for each outlet. The highest level shall be recorded.

4.2.5.3.1.3.

In the case of an exhaust provided with two or more outlets spaced less than 0,3  m apart and which are connected to the same silencer, only one measurement shall be made; the microphone position is related to the outlet nearest to one extreme edge of the vehicle or, when such outlet does not exist, to the outlet which is the highest above the ground.

4.2.5.3.1.4.

For vehicles with a vertical exhaust (e.g. commercial vehicles) the microphone shall be placed at the height of the exhaust outlet. Its axis shall be vertical and oriented upwards. It shall be placed at a distance of 0,5  m ±0,01  m from the exhaust pipe reference point, but never less than 0,2  m from the side of the vehicle nearest to the exhaust.

4.2.5.3.1.5.

For exhaust outlets located under the vehicle body, the microphone shall be located a minimum of 0,2  m from the nearest part of the vehicle, at a point closest to, but never less than 0,5  m from the exhaust pipe reference point, and at a height of 0,2  m above the ground, and not in line with the exhaust flow. The angularity requirement in point 4.2.5.3.1.1. may not be met in some cases.

4.2.5.3.2.

Operating conditions of the engine

4.2.5.3.2.1.

Target engine speed

The target engine speed is defined as:

| — | 75 per cent of the engine speed S for vehicles with a rated engine speed ≤ 5 000  min-1 |
| --- | --- |

—

75 per cent of the engine speed S for vehicles with a rated engine speed ≤ 5 000  min-1

| — | 3 750  min-1 for vehicles with a rated engine speed above 5 000  min-1 and below 7 500  min-1 |
| --- | --- |

—

3 750  min-1 for vehicles with a rated engine speed above 5 000  min-1 and below 7 500  min-1

| — | 50 per cent of the engine speed S for vehicles with a rated engine speed ≥ 7 500  min-1. |
| --- | --- |

—

50 per cent of the engine speed S for vehicles with a rated engine speed ≥ 7 500  min-1.

If the vehicle cannot reach such engine speed, the target engine speed shall be 5 per cent below the maximum possible engine speed for that stationary test.

4.2.5.3.2.2.

Test procedure

The engine speed shall be gradually increased from idle to the target engine speed, not exceeding a tolerance band of ± 3 per cent of the target engine speed, and held constant. Then the throttle control shall be rapidly released and the engine speed shall return to idle. The noise level shall be measured during a period of operation consisting of a maintenance of constant engine speed of 1 second and throughout the entire deceleration period, the maximum sound level meter reading, mathematically rounded to the first decimal place, is taken as the test value.

4.2.5.3.2.3.

Test validation

The measurement shall be regarded as valid if the test engine speed does not deviate from the target engine speed by more than ± 3 per cent for at least 1 second.

4.2.6.

Results

At least three measurements for each test position shall be made. The maximum A-weighted sound pressure level indicated during each of the three measurements shall be recorded. The first three valid consecutive measurement results, within 2 dB(A), allowing for the deletion of non valid results (taking into account the specifications of the test site as referred to in point 3.1.), shall be used for the determination of the final result for the given measurement position. The maximum sound level, for all measurement positions, and of the three measurement results, shall constitute the final result.

---

(1)  A test is made on a stationary vehicle in order to provide a reference value for administrations which use this method to check vehicles in use.

(2)  In conformity with Annex VII to this Regulation.

(3)  As referred to in Figure 1 to Appendix 1 to Annex II to this Regulation.

(4)  As referred to in Figure 1 to Appendix 1 to Annex II to this Regulation.

(5)  Given that the tyre contribution for overall sound emission is significant, regard must be had for existing regulatory provisions concerning tyre/road sound emissions Traction tyres, snow tyres and special-use tyres shall be excluded during type-approval- and conformity of production measurements at the request of the manufacturer in accordance with UNECE .Regulation No. 117 (OJ L 231, 29.8.2008, p. 19)

  the latest amendments to ECE R117 [Am. 49]

(6)  See figure 1 in Annex VII

(7)  Continuously variable transmissions.

Appendix 1

Image

| | T = top view
  S = side view
  A = metered pipe
  B = bent down pipe
  C = straight pipe
  D = vertical pipe
  1 = reference point
  2 = road surface |
| --- | --- |

Image

T = top view

S = side view

A = metered pipe

B = bent down pipe

C = straight pipe

D = vertical pipe

1 = reference point

2 = road surface

Figure 2: Reference point

| | |
| --- | --- |
| Figure 3a | Figure 3b |

Image

Image

Figure 3a

Figure 3b

| | |
| --- | --- |
| Figure 3c | Figure 3d |

Image

Image

Figure 3c

Figure 3d

| Figures 3 a — d: | Examples of the position of the microphone, depending on the location of the exhaust pipe |
| --- | --- |

Figures 3 a — d:

Examples of the position of the microphone, depending on the location of the exhaust pipe

ANNEX III

Limit values

The sound level measured in accordance with the provisions of Annex II
  , and rounded down to the nearest integer when the fractional part is less than 0,5 and rounded up to the nearest integer if the fractional part is equal or greater than 0,5,
  shall not exceed the following limits:

| Vehicle category | Description of vehicle category | Limit values




  expressed in dB(A)




  [decibels(A)] |
| --- | --- | --- |
| Limit values for Type-approval of new vehicle types | Limit values for Type-approval of new vehicle types | Limit values for registration, sale and entry into service of new vehicles |
| Phase 1 valid from




  [2 years after publication] | Phase 2 valid from




  [5 years after publication] | Phase 3 valid from




  [7 years after publication] |
| General | Off-road


   (*) | General | Off-road


   (*) | General | Off-road


   (*) |
| M | Vehicles used for the carriage of passengers | | | | | | |
| M1 | no of seats

  <

  9 | 70 | 71

   (**) | 68 | 69

   (**) | 68 | 69

   (**) |
| M1 | no of seats

  <

  9;


  power to mass ratio > 150 kW/ton | 71 | 71 | 69 | 69 | 69 | 69 |
| M2 | no of seats > 9; mass

  <

  2 tons | 72 | 72 | 70 | 70 | 70 | 70 |
| M2 | no of seats > 9; 2 tons < mass

  <

  3.5 tons | 73 | 74 | 71 | 72 | 71 | 72 |
| M2 | no of seats > 9; 3.5 tons < mass

  <

  5 tons;


  rated engine power < 150 kW | 74 | 75 | 72 | 73 | 72 | 73 |
| M2 | no of seats > 9; 3.5 tons < mass

  <

  5 tons;


  rated engine power

  >

  150 kW | 76 | 78 | 74 | 76 | 74 | 76 |
| M3 | no of seats > 9; mass > 5 tons;


  rated engine power < 150 kW | 75 | 76 | 73 | 74 | 73 | 74 |
| M3 | no of seats > 9; mass > 5 tons;


  rated engine power

  >

  150 kW | 77 | 79 | 75 | 77 | 75 | 77 |
| N | Vehicles used for the carriage of goods | | | | | | |
| N1 | mass

  <

  2 tons | 71 | 71 | 69 | 69 | 69 | 69 |
| N1 | 2 tons < mass

  <

  3.5 tons | 72 | 73 | 70 | 71 | 70 | 71 |
| N2 | 3.5
  tons < mass

  <

  12 tons;


  rated engine power < 75 kW | 74 | 75 | 72 | 73 | 72 | 73 |
| N2 | 3.5
  tons < mass

  <

  12 tons;


  75

  <

  rated engine power < 150 kW | 75 | 76 | 73 | 74 | 73 | 74 |
| N2 | 3.5
  tons < mass

  <

  12 tons;


  rated engine power

  >

  150 kW | 77 | 79 | 75 | 77 | 75 | 77 |
| N3 | mass > 12 tons;


  75

  <

  rated engine power < 150 kW | 77 | 78 | 75 | 76 | 75 | 76 |
| N3 | mass > 12 tons;


  rated engine power

  >

  150 kW | 80 | 82 | 78 | 80 | 78 | 80 |

Vehicle category

Description of vehicle category

Limit values

expressed in dB(A)

[decibels(A)]

Limit values for Type-approval of new vehicle types

Limit values for Type-approval of new vehicle types

Limit values for registration, sale and entry into service of new vehicles

Phase 1 valid from

[2 years after publication]

Phase 2 valid from

[5 years after publication]

Phase 3 valid from

[7 years after publication]

General

Off-road


   (*)

General

Off-road


   (*)

General

Off-road


   (*)

M

Vehicles used for the carriage of passengers

M1

no of seats

  <

  9

70

71

   (**)

68

69

   (**)

68

69

   (**)

M1

no of seats

  <

  9;

power to mass ratio > 150 kW/ton

71

71

69

69

69

69

M2

no of seats > 9; mass

  <

  2 tons

72

72

70

70

70

70

M2

no of seats > 9; 2 tons < mass

  <

  3.5 tons

73

74

71

72

71

72

M2

no of seats > 9; 3.5 tons < mass

  <

  5 tons;

rated engine power < 150 kW

74

75

72

73

72

73

M2

no of seats > 9; 3.5 tons < mass

  <

  5 tons;

rated engine power

  >

  150 kW

76

78

74

76

74

76

M3

no of seats > 9; mass > 5 tons;

rated engine power < 150 kW

75

76

73

74

73

74

M3

no of seats > 9; mass > 5 tons;

rated engine power

  >

  150 kW

77

79

75

77

75

77

N

Vehicles used for the carriage of goods

N1

mass

  <

  2 tons

71

71

69

69

69

69

N1

2 tons < mass

  <

  3.5 tons

72

73

70

71

70

71

N2

3.5
  tons < mass

  <

  12 tons;

rated engine power < 75 kW

74

75

72

73

72

73

N2

3.5
  tons < mass

  <

  12 tons;

75

  <

  rated engine power < 150 kW

75

76

73

74

73

74

N2

3.5
  tons < mass

  <

  12 tons;

rated engine power

  >

  150 kW

77

79

75

77

75

77

N3

mass > 12 tons;

75

  <

  rated engine power < 150 kW

77

78

75

76

75

76

N3

mass > 12 tons;

rated engine power

  >

  150 kW

80

82

78

80

78

80

| Vehicle category | Description of vehicle category | Limit values for Type-approval of new vehicle types expressed in dB(A)




  [decibels(A)]

   (*) | Limit values for type-approval of both new vehicle types and for registration, sale and entry into service of new vehicles expressed in dB(A)




  [decibels(A)]

   (*) |
| --- | --- | --- | --- |
| Phase 1 valid from




  [6 years after publication] | Phase 2 valid from




  [8 years after publication] |
| M | Vehicles used for the carriage of passengers |
| M1 | no of seats ≤ 9; ≤ 125 kW/ton | 68 | 68 |
| no of seats ≤ 9; 125kW/ton < power to mass ratio ≤ 150kW/ton | 70 | 70 |
| no of seats ≤ 9; power to mass ratio > 150kW/ton | 73 | 73 |
| M1 | no of seats ≤ 4 including driver; power to mass ratio > 200 kw/ton; R point of the driver seat < 450mm from ground | 74 | 74 |
| M2 | no of seats > 9; mass ≤ 2,5 tons | 69 | 69 |
| no of seats > 9; 2,5 tons < mass < 3,5 tons | 72 | 72 |
| no of seats > 9; 3,5 tons < mass < 5 tons; | 75 | 75 |
| M3 | no of seats > 9; mass > 5 tons; rated engine power ≤ 180 kW | 74 | 74 |
| no of seats > 9; mass > 5 tons; 180 kW < rated engine power ≤ 250 kW | 77 | 77 |
| no of seats > 9; mass > 5 tons; rated engine power > 250 kW | 78 | 78 |
| N | Vehicles used for the carriage of goods |
| N1 | mass < 2,5 tons | 69 | 69 |
| 2.5


  tons < mass < 3,5 tons | 71 | 71 |
| N2 | 3,5


  tons < mass < 12 tons;




  rated engine power < 150 kW | 75 | 75 |
| 3,5 tons < mass ≤ 12 tons; rated engine power > 150 kW | 76 | 76 |
| N3 | mass > 12 tons; rated engine power ≤ 180 kW | 77 | 77 |
| mass > 12 tons; 180 < rated engine power ≤ 250 kW | 79 | 79 |
| mass > 12 tons; rated engine power >250 kW | 81 | 81 |

Vehicle category

Description of vehicle category

Limit values for Type-approval of new vehicle types expressed in dB(A)

[decibels(A)]

   (*)

Limit values for type-approval of both new vehicle types and for registration, sale and entry into service of new vehicles expressed in dB(A)

[decibels(A)]

   (*)

Phase 1 valid from

[6 years after publication]

Phase 2 valid from

[8 years after publication]

M

Vehicles used for the carriage of passengers

M1

no of seats ≤ 9; ≤ 125 kW/ton

68

68

no of seats ≤ 9; 125kW/ton < power to mass ratio ≤ 150kW/ton

70

70

no of seats ≤ 9; power to mass ratio > 150kW/ton

73

73

M1

no of seats ≤ 4 including driver; power to mass ratio > 200 kw/ton; R point of the driver seat < 450mm from ground

74

74

M2

no of seats > 9; mass ≤ 2,5 tons

69

69

no of seats > 9; 2,5 tons < mass < 3,5 tons

72

72

no of seats > 9; 3,5 tons < mass < 5 tons;

75

75

M3

no of seats > 9; mass > 5 tons; rated engine power ≤ 180 kW

74

74

no of seats > 9; mass > 5 tons; 180 kW < rated engine power ≤ 250 kW

77

77

no of seats > 9; mass > 5 tons; rated engine power > 250 kW

78

78

N

Vehicles used for the carriage of goods

N1

mass < 2,5 tons

69

69

2.5


  tons < mass < 3,5 tons

71

71

N2

3,5


  tons < mass < 12 tons;

rated engine power < 150 kW

75

75

3,5 tons < mass ≤ 12 tons; rated engine power > 150 kW

76

76

N3

mass > 12 tons; rated engine power ≤ 180 kW

77

77

mass > 12 tons; 180 < rated engine power ≤ 250 kW

79

79

mass > 12 tons; rated engine power >250 kW

81

81

---

(*)  Increased limit

  Limit
  values shall only be valid if the vehicle complies with

  increased by 1dB for vehicles that meet
  the relevant definition for off-road vehicles set out in point 4 of Section A of Annex II to EU Directive 2007/46/EC.

(**)  For M1 vehicles the increased limit values for off-road vehicles are only valid if the maximum authorised mass > 2 tonnes.
  [Am. 61]

ANNEX IV

Silencing Systems Containing Acoustically Absorbing Fibrous Materials

| 1. | General
  Sound absorbing fibrous materials may be used in silencing systems or components thereof where any of the following conditions are fulfilled;






  (a) | the exhaust gas is not in contact with the fibrous materials; |
| --- | --- | --- |

1.

General

Sound absorbing fibrous materials may be used in silencing systems or components thereof where any of the following conditions are fulfilled;

(a)

the exhaust gas is not in contact with the fibrous materials;

| (b) | the silencing system or components thereof are of the same design family as systems or components for which it has been proven, in the course of type approval process in accordance with the requirements of this Regulation for another vehicle-type, that they are not subject to deterioration. |
| --- | --- |

(b)

the silencing system or components thereof are of the same design family as systems or components for which it has been proven, in the course of type approval process in accordance with the requirements of this Regulation for another vehicle-type, that they are not subject to deterioration.

Where none of these conditions is fulfilled, the complete silencing system or components thereof shall be submitted to a conventional conditioning using one of three installations and procedures described below.

1.1.

Continuous road operation for 10 000  km.

1.1.1.

50 ± 20 per cent of this operation shall consist of urban driving and the remaining operation shall be long-distance runs at high speed; continuous road operation may be replaced by a corresponding test-track programme.

1.1.2.

The two speed regimes should be alternated at least twice.

1.1.3.

The complete test programme shall include a minimum of 10 breaks of at least three hours duration in order to reproduce the effects of cooling and any condensation which may occur.

1.2.

Conditioning on a test bench

1.2.1.

Using standard parts and observing the vehicle manufacturer's instructions, the exhaust system or components thereof must be fitted to the vehicle referred to in point 1.3. of Annex I or the engine referred to in point 1.4. of Annex I. In the case of the vehicle referred to in point 1.3 of Annex I, the vehicle must be mounted on a roller dynamometer. In the case of an engine referred to in point 1.4 of Annex I, the engine must be coupled to a dynamometer.

1.2.2.

The test shall be conducted in six six-hour periods with a break of at least 12 hours between each period in order to reproduce the effects of cooling and any condensation which may occur.

1.2.3.

During each six-hour period, the engine shall be run, under the following conditions in turn:

| (a) | Five minutes at idling speed; |
| --- | --- |

(a)

Five minutes at idling speed;

| (b) | One-hour sequence under 1/4 load at 3/4 of rated maximum speed (S); |
| --- | --- |

(b)

One-hour sequence under 1/4 load at 3/4 of rated maximum speed (S);

| (c) | One-hour sequence under 1/2 load at 3/4 of rated maximum speed (S); |
| --- | --- |

(c)

One-hour sequence under 1/2 load at 3/4 of rated maximum speed (S);

| (d) | 10 — minute sequence under full load at 3/4 of rated maximum speed (S); |
| --- | --- |

(d)

10 — minute sequence under full load at 3/4 of rated maximum speed (S);

| (e) | 15 — minute sequence under 1/2 load at rated maximum speed (S); |
| --- | --- |

(e)

15 — minute sequence under 1/2 load at rated maximum speed (S);

| (f) | 30 — minute sequence under 1/4 load at rated maximum speed (S). |
| --- | --- |

(f)

30 — minute sequence under 1/4 load at rated maximum speed (S).

Total duration of the six sequences: three hours.

Each period shall comprise two sequenced sets of those conditions in consecutive order from (a) to (f).

1.2.4.

During the test, the silencing system or components thereof shall not be cooled by a forced draught simulating normal airflow around the vehicle. Nevertheless, at the request of the manufacturer, the silencing system or components thereof may be cooled in order not to exceed the temperature recorded at its inlet when the vehicle is running at maximum speed.

1.3.

Conditioning by pulsation

1.3.1.

The silencing system or components thereof shall be fitted to the vehicle referred to in point 1.3. of Annex I or the engine referred to in point 1.4. of Annex I. In the former case the vehicle shall be mounted on a roller dynamometer.

In the second case, the engine shall be mounted on a dynamometer. The test apparatus, a detailed diagram of which is shown in Figure 1 of the Appendix to this Annex shall be fitted at the outlet of the silencing system. Any other apparatus providing equivalent results shall be acceptable.

1.3.2.

The test apparatus shall be adjusted in a such a way that the exhaust-gas flow is alternatively interrupted and re-established by the quick-action valve for 2 500 cycles.

1.3.3.

The valve shall open when the exhaust-gas back pressure, measured at least 100 mm downstream of the intake flange, reaches a value of between 0,35 and 0,40 kPa. It shall close when this pressure does not differ by more than 10 per cent from its stabilized value with the valve open.

1.3.4.

The time-delay switch shall be set for the duration of gas exhaust resulting from the provisions laid down in point 1.3.3.

1.3.5

Engine speed shall be 75 % of the speed (S) at which the engine develops maximum power.

1.3.6.

The power indicated by the dynamometer shall be 50 % of the full-throttle power measured at 75 % of engine speed (S).

1.3.7.

Any drain holes shall be closed off during the test.

1.3.8.

The entire test shall be completed within 48 hours.

If necessary, one cooling period shall be observed after each hour.

Appendix 1

Image

| 1. | Inlet flange or sleeve for connection to the rear of the test exhaust system. |
| --- | --- |
| 2. | Hand-operated regulating valve. |
| 3. | Compensating reservoir with a maximum capacity of 40 l and a filling time of not less than one second. |
| 4. | Pressure switch with an operating range of 0,05 to 2,5 bar. |
| 5. | Time delay switch |
| 6. | Pulse counter |
| 7. | Quick-acting valve, such as exhaust brake valve 60 mm in diameter, operated by a pneumatic cylinder with an output of 120 N at 4 bar. The response time, both when opening and closing, must not exceed 0,5  second. |
| 8. | Exhaust gas evacuation. |
| 9. | Flexible pipe. |
| 10. | Pressure gauge. |

1.

Inlet flange or sleeve for connection to the rear of the test exhaust system.

2.

Hand-operated regulating valve.

3.

Compensating reservoir with a maximum capacity of 40 l and a filling time of not less than one second.

4.

Pressure switch with an operating range of 0,05 to 2,5 bar.

5.

Time delay switch

6.

Pulse counter

7.

Quick-acting valve, such as exhaust brake valve 60 mm in diameter, operated by a pneumatic cylinder with an output of 120 N at 4 bar. The response time, both when opening and closing, must not exceed 0,5  second.

8.

Exhaust gas evacuation.

9.

Flexible pipe.

10.

Pressure gauge.

ANNEX V

Compressed air noise

| 1. | Method of measurement |
| --- | --- |
| | The measurement is performed at microphone positions 2 and 6 according to Figure 1, with the vehicle stationary. The highest A-weighted noise level shall be registered during venting the pressure regulator and during ventilating after the use of both the service and parking brakes. |
| | The noise during venting the pressure regulator is measured with the engine at idling speed. The ventilating noise is registered while operating the service and parking brakes; before each measurement, the air-compressor unit has to be brought up to the highest permissible operating pressure, and then the engine switched off. |
| 2. | Evaluation of the results |
| | For all microphone positions two measurements are taken. In order to compensate for inaccuracies of the measuring equipment, the metre reading is reduced by 1 dB(A), and the reduced value is taken as the result of measurement. The results are taken as valid if the difference between the measurements at one microphone position does not exceed 2 dB(A). The highest value measured is taken as the result. If this value exceeds the noise limit by 1 dB(A), two additional measurements are to be taken at the corresponding microphone position. In this case, three out of the four results of measurement obtained at this position have to comply with the noise limit. |
| 3. | Limiting value |
| | The sound level shall not exceed the limit of 72 dB(A). |

1.

Method of measurement

The measurement is performed at microphone positions 2 and 6 according to Figure 1, with the vehicle stationary. The highest A-weighted noise level shall be registered during venting the pressure regulator and during ventilating after the use of both the service and parking brakes.

The noise during venting the pressure regulator is measured with the engine at idling speed. The ventilating noise is registered while operating the service and parking brakes; before each measurement, the air-compressor unit has to be brought up to the highest permissible operating pressure, and then the engine switched off.

2.

Evaluation of the results

For all microphone positions two measurements are taken. In order to compensate for inaccuracies of the measuring equipment, the metre reading is reduced by 1 dB(A), and the reduced value is taken as the result of measurement. The results are taken as valid if the difference between the measurements at one microphone position does not exceed 2 dB(A). The highest value measured is taken as the result. If this value exceeds the noise limit by 1 dB(A), two additional measurements are to be taken at the corresponding microphone position. In this case, three out of the four results of measurement obtained at this position have to comply with the noise limit.

3.

Limiting value

The sound level shall not exceed the limit of 72 dB(A).

Appendix 1

Figure 1: Microphone positions for measurement of compressed air noise

Image

The measurement is performed at the stationary vehicle according to Figure 1, using two microphone positions at a distance of 7 m from the contour of the vehicles, and at 1,2 m above ground.

ANNEX VI

Checks on conformity of production for vehicles

| 1. | General |
| --- | --- |
| | These requirements are consistent with the test to be held to check conformity of production (COP) in accordance with point 5 of Annex I. |
| 2. | Testing procedure |
| | The test site and measuring instruments shall be those described in Annex II. |
| 2.1. | The vehicle(s) under test shall be subjected to the test for measurement of sound of vehicle in motion set out in point 4.1. of Annex II. |
| 2.2. | Compressed air sound |
| | Vehicles having maximum mass exceeding 2 800  kg and equipped with compressed air systems must be subjected to the additional test for measurement of the compressed air sound set out in point 1 of Annex V. |
| 2.3. | Additional sound emission provisions |
| | The vehicle manufacturer shall assess the compliance with ASEP by an appropriate evaluation or may perform the test described in Annex VIII. |
| 3. | Sampling and evaluation of the results |
| | One vehicle has to be chosen and subjected to the tests set out in point 2. If the test results fulfil the COP requirements of Annex X of Directive 2007/46/EC, the vehicle shall be considered to be in compliance with the COP provisions compliance with the COP provisions.
  The applicable COP requirements are the limit values laid down in Annex III with an additional margin of 1 dB(A). [Am. 52] |
| | If one of the test results does not fulfil the COP requirements of Annex X of Directive 2007/46/EC, two more vehicles of the same type shall be tested pursuant to point 2 of this Annex. |
| | If the test results for the second and the third vehicle fulfil the COP requirements of Annex X of Directive 2007/46/EC, the vehicle is considered in compliance with the COP. |
| | If one of the test results of the second or third vehicle does not fulfil the COP requirements of Annex X of Directive 2007/46/EC, the vehicle type shall be considered not to conform to the requirements of this Regulation and the manufacturer shall take the necessary measures to re-establish the conformity |

1.

General

These requirements are consistent with the test to be held to check conformity of production (COP) in accordance with point 5 of Annex I.

2.

Testing procedure

The test site and measuring instruments shall be those described in Annex II.

2.1.

The vehicle(s) under test shall be subjected to the test for measurement of sound of vehicle in motion set out in point 4.1. of Annex II.

2.2.

Compressed air sound

Vehicles having maximum mass exceeding 2 800  kg and equipped with compressed air systems must be subjected to the additional test for measurement of the compressed air sound set out in point 1 of Annex V.

2.3.

Additional sound emission provisions

The vehicle manufacturer shall assess the compliance with ASEP by an appropriate evaluation or may perform the test described in Annex VIII.

3.

Sampling and evaluation of the results

One vehicle has to be chosen and subjected to the tests set out in point 2. If the test results fulfil the COP requirements of Annex X of Directive 2007/46/EC, the vehicle shall be considered to be in compliance with the COP provisions compliance with the COP provisions.
  The applicable COP requirements are the limit values laid down in Annex III with an additional margin of 1 dB(A). [Am. 52]

If one of the test results does not fulfil the COP requirements of Annex X of Directive 2007/46/EC, two more vehicles of the same type shall be tested pursuant to point 2 of this Annex.

If the test results for the second and the third vehicle fulfil the COP requirements of Annex X of Directive 2007/46/EC, the vehicle is considered in compliance with the COP.

If one of the test results of the second or third vehicle does not fulfil the COP requirements of Annex X of Directive 2007/46/EC, the vehicle type shall be considered not to conform to the requirements of this Regulation and the manufacturer shall take the necessary measures to re-establish the conformity

ANNEX VII

Specifications for the test site

| 1. | Introduction |
| --- | --- |
| | This Annex describes the specifications relating to the physical characteristics and the laying of the test track. These specifications based on a special standard (1) describe the required physical characteristics as well as the test methods for these characteristics. |
| 2. | Required characteristics of the surface |
| | A surface is considered to conform to this standard provided that the texture and voids content or sound absorption coefficient have been measured and found to fulfil all the requirements of points 2.1. to 2.4. and provided that the design requirements set out in point 3.2. have been met. |
| 2.1. | Residual voids content |
| | The residual voids content, VC, of the test track paving mixture shall not exceed 8 %. For the measurement procedure, see point 4.1. |
| 2.2. | Sound absorption coefficient |
| | If the surface fails to comply with the residual voids content requirement, the surface shall be acceptable only if its sound absorption coefficient, α ≤ 0,10 . For the measurement procedure, see point 4.2. The requirements of point 2.1. and of this point shall be deemed to be met also if only sound absorption has been measured and found to be α ≤ 0,10 . |
| | It is to be noted that the most relevant characteristic is the sound absorption, although the residual voids content is more familiar among road constructors. However, sound absorption needs to be measured only if the surface fails to comply with the voids requirement. This is motivated because the latter is connected with relatively large uncertainties in terms of both measurements and relevance and some surfaces therefore erroneously may be rejected when based only on the voids measurement. |
| 2.3. | Texture depth |
| | The texture depth (TD) measured according to the volumetric method (see point 4.3. below) shall be:
  TD >0,4  mm |
| 2.4. | Homogeneity of the surface |
| | Every practical effort shall be taken to ensure that the surface is made to be as homogeneous as possible within the test area. This includes the texture and voids content, but it should also be observed that if the rolling process results in more effective rolling at some places than others, the texture may be different and unevenness causing bumps may also occur. |
| 2.5. | Period of testing |
| | In order to check whether the surface continues to conform to the texture and voids content or sound absorption requirements stipulated in this standard, periodic testing of the surface shall be done at the following intervals: |
| | (a) | For residual voids content or sound absorption: |

1.

Introduction

This Annex describes the specifications relating to the physical characteristics and the laying of the test track. These specifications based on a special standard (1) describe the required physical characteristics as well as the test methods for these characteristics.

2.

Required characteristics of the surface

A surface is considered to conform to this standard provided that the texture and voids content or sound absorption coefficient have been measured and found to fulfil all the requirements of points 2.1. to 2.4. and provided that the design requirements set out in point 3.2. have been met.

2.1.

Residual voids content

The residual voids content, VC, of the test track paving mixture shall not exceed 8 %. For the measurement procedure, see point 4.1.

2.2.

Sound absorption coefficient

If the surface fails to comply with the residual voids content requirement, the surface shall be acceptable only if its sound absorption coefficient, α ≤ 0,10 . For the measurement procedure, see point 4.2. The requirements of point 2.1. and of this point shall be deemed to be met also if only sound absorption has been measured and found to be α ≤ 0,10 .

It is to be noted that the most relevant characteristic is the sound absorption, although the residual voids content is more familiar among road constructors. However, sound absorption needs to be measured only if the surface fails to comply with the voids requirement. This is motivated because the latter is connected with relatively large uncertainties in terms of both measurements and relevance and some surfaces therefore erroneously may be rejected when based only on the voids measurement.

2.3.

Texture depth

The texture depth (TD) measured according to the volumetric method (see point 4.3. below) shall be:

TD >0,4  mm

2.4.

Homogeneity of the surface

Every practical effort shall be taken to ensure that the surface is made to be as homogeneous as possible within the test area. This includes the texture and voids content, but it should also be observed that if the rolling process results in more effective rolling at some places than others, the texture may be different and unevenness causing bumps may also occur.

2.5.

Period of testing

In order to check whether the surface continues to conform to the texture and voids content or sound absorption requirements stipulated in this standard, periodic testing of the surface shall be done at the following intervals:

(a)

For residual voids content or sound absorption:

when the surface is new;

if the surface meets the requirements when new, no further periodical testing is required. If it does not meet the requirement when it is new, it may do later because surfaces tend to become clogged and compacted with time.

| (b) | For texture depth (TD): |
| --- | --- |

(b)

For texture depth (TD):

when the surface is new;

when the noise testing starts (NB: not before four weeks after laying);

then every twelve months.

3.

Test surface design

3.1.

Area

When designing the test track layout it is important to ensure that, as a minimum requirement, the area traversed by the vehicles running through the test strip is covered with the specified test material with suitable margins for safe and practical driving. This shall require that the width of the track is at least 3 m and the length of the track extends beyond lines AA and BB by at least 10 m at either end. Figure 1 shows a plan of a suitable test site and indicates the minimum area which shall be machine laid and machine compacted with the specified test surface material. According to point 4.1.1. of Annex II, measurements have to be made on each side of the vehicle. This can be made either by measuring with two microphone locations (one on each side of the track) and driving in one direction, or measuring with a microphone only on one side of the track but driving the vehicle in two directions. If the latter method is used, then there are no surface requirements on that side of the track where there is no microphone.

Image

3.2.

Design and preparation of the surface

3.2.1.

Basic design requirements

The test surface shall meet four design requirements.

3.2.1.1.

It shall be a dense asphaltic concrete.

3.2.1.2.

The maximum chipping size shall be 8 mm (tolerances allow from 6,3 to 10 mm).

3.2.1.3.

The thickness of the wearing course shall be > 30 mm.

3.2.1.4.

The binder shall be a straight penetration grade bitumen without modification.

3.2.2.

Design guidelines

As a guide to the surface constructor, an aggregate grading curve which will give desired characteristics is shown in Figure 2. In addition, Table 1 gives some guidelines in order to obtain the desired texture and durability. The grading curve fits the following formula:

P (% passing) = 100 . (d/dmax)1/2

where:

d = square mesh sieve size, in mm

dmax= 8 mm for the mean curve

dmax= 10 mm for the lower tolerance curve

dmax= 6,3  mm for the upper tolerance curve

Image

In addition to the requirements set out under points 1 to 3.2.2, the following requirements
  of ISO 10844:2011
  shall be fulfilled
  or a reference should be made to ISO 10844
  :
  1994 for a transitional period of 5 years
  : [Am. 54]

| (a) | The sand fraction (0,063  mm < square mesh sieve size < 2 mm) shall include no more than 55 % natural sand and at least 45 % crushed sand; |
| --- | --- |
| (b) | The base and sub-base shall ensure a good stability and evenness, according to best road construction practice; |
| (c) | The chippings shall be crushed (100 % crushed faces) and of a material with a high resistance to crushing; |
| (d) | The chippings used in the mix shall be washed; |
| (e) | No extra chippings shall be added onto the surface; |
| (f) | The binder hardness expressed as PEN value shall be 40-60, 60-80 or even 80-100 depending on the climatic conditions of the country. As hard a binder as possible shall be used, provided this is consistent with common practice; |
| (g) | The temperature of the mix before rolling shall be chosen so as to achieve by subsequent rolling the required voids content. In order to increase the probability of satisfying the specifications of points 2.1. to 2.4., the compactness shall be studied not only by an appropriate choice of mixing temperature, but also by an appropriate number of passings and by the choice of compacting vehicle. |

(a)

The sand fraction (0,063  mm < square mesh sieve size < 2 mm) shall include no more than 55 % natural sand and at least 45 % crushed sand;

(b)

The base and sub-base shall ensure a good stability and evenness, according to best road construction practice;

(c)

The chippings shall be crushed (100 % crushed faces) and of a material with a high resistance to crushing;

(d)

The chippings used in the mix shall be washed;

(e)

No extra chippings shall be added onto the surface;

(f)

The binder hardness expressed as PEN value shall be 40-60, 60-80 or even 80-100 depending on the climatic conditions of the country. As hard a binder as possible shall be used, provided this is consistent with common practice;

(g)

The temperature of the mix before rolling shall be chosen so as to achieve by subsequent rolling the required voids content. In order to increase the probability of satisfying the specifications of points 2.1. to 2.4., the compactness shall be studied not only by an appropriate choice of mixing temperature, but also by an appropriate number of passings and by the choice of compacting vehicle.

Table 1: Design guidelines

| | Target values | Tolerances |
| --- | --- | --- |
| By total mass of mix | By mass of the aggregate |
| Mass of stones, square mesh sieve (SM) > 2 mm | 47,6  % | 50,5  % | ± 5 |
| Mass of sand 0,063 < SM < 2 mm | 38,0  % | 40,2  % | ± 5 |
| Mass of filler SM < 0,063  mm | 8,8  % | 9,3  % | ± 2 |
| Mass of binder (bitumen) | 5,8  % | N.A. | ±0,5 |
| Max. chipping size | 8 mm | 6,3 — 10 |
| Binder hardness | (see point 3.2.2. (f)) | |
| Polished stone value (PSV) | > 50 | |
| Compactness, relative to Marshall compactness | 98 % | |

Target values

Tolerances

By total mass of mix

By mass of the aggregate

Mass of stones, square mesh sieve (SM) > 2 mm

47,6  %

50,5  %

± 5

Mass of sand 0,063 < SM < 2 mm

38,0  %

40,2  %

± 5

Mass of filler SM < 0,063  mm

8,8  %

9,3  %

± 2

Mass of binder (bitumen)

5,8  %

N.A.

±0,5

Max. chipping size

8 mm

6,3 — 10

Binder hardness

(see point 3.2.2. (f))

Polished stone value (PSV)

> 50

Compactness, relative to Marshall compactness

98 %

4.

Test method

4.1.

Measurement of the residual voids content

For the purpose of this measurement, cores have to be taken from the track in at least four different positions which are equally distributed in the test area between lines AA and BB (see Figure 1). In order to avoid inhomogeneity and unevenness in the wheel tracks, cores should not be taken in wheel tracks themselves, but close to them. Two cores (minimum) should be taken close to the wheel tracks and one core (minimum) should be taken approximately midway between the wheel tracks and each microphone location.

If there is a suspicion that the condition of homogeneity is not met (see point 2.4.), cores shall be taken from more locations within the test area.

The residual voids content shall be determined for each core, then the average value from all cores shall be calculated and compared with the requirement of point 2.1. In addition, no single core shall have a voids value which is higher than 10 %. The test surface constructor is reminded of the problem which may arise when the test area is heated by pipes or electrical wires and cores must be taken from this area. Such installations must be carefully planned with respect to future core drilling locations. It is recommended to leave a few locations of size approximately 200 x 300 mm where there are no wires/pipes or where the latter are located deep enough in order not to be damaged by cores taken from the surface layer.

4.2.

Sound absorption coefficient

The sound absorption coefficient (normal incidence) shall be measured by the impedance tube method using the procedure specified in ISO 10534-1: ‘Acoustics — Determination of sound absorption coefficient and impedance by a tube method’ (2).

Regarding test specimens, the same requirements shall be followed as regarding the residual voids content (see point 4.1.). The sound absorption shall be measured in the range between 400 Hz and 800 Hz and in the range between 800 Hz and 1 600 Hz (at least at the centre frequencies of third octave bands) and the maximum values shall be identified for both of these frequency ranges. Then these values, for all test cores, shall be averaged to constitute the final result.

4.3.

Volumetric macrotexture measurement

For the purpose of this standard, texture depth measurements shall be made on at least 10 positions evenly spaced along the wheel tracks of the test strip and the average value taken to compare with the specified minimum texture depth. See ISO 10844:1994

  ISO10844:2011
  for the description of the procedure. [Am. 55]

5.

Stability in time and maintenance

5.1.

Age influence

In common with any other surfaces, it is expected that the tyre/road noise level measured on the test surface may increase slightly during the first 6-12 months after construction.

The surface will achieve its required characteristics not earlier than four weeks after construction. The influence of age on the noise from trucks is generally less than that from cars.

The stability over time is determined mainly by the polishing and compaction by vehicles driving on the surface. It shall be checked according to the Period of testing referred to in point 2.5.

5.2.

Maintenance of the surface

Loose debris or dust which could significantly reduce the effective texture depth must be removed from the surface. In countries with winter climates, salt is sometimes used for de-icing. Salt may alter the surface temporarily or even permanently in such a way as to increase noise and is therefore not recommended.

5.3.

Repaving the test area

If it is necessary to repave the test track, it is usually unnecessary to repave more than the test strip (of 3 m width in Figure 1) where vehicles are driving, provided the test area outside the strip met the requirement of residual voids content or sound absorption when it was measured.

6.

Documentation of the test surface and of tests performed on it

6.1.

Documentation of the test surface

The following data shall be given in a document describing the test surface

6.1.1.

The location of the test track.

6.1.2.

Type of binder, binder hardness, type of aggregate, maximum theoretical density of the concrete (DR), thickness of the wearing course and grading curve determined from cores from the test track.

6.1.3.

Method of compaction (e.g. type of roller, roller mass, number of passes).

6.1.4.

Temperature of the mix, temperature of the ambient air and wind speed during laying of the surface.

6.1.5.

Date when the surface was laid and contractor.

6.1.6.

All or at least the latest test result, including:

6.1.6.1.

The residual voids content of each core.

6.1.6.2.

The locations in the test area from where the cores for voids measurements have been taken.

6.1.6.3.

The sound absorption coefficient of each core (if measured). Specify the results both for each core and each frequency range as well as the overall average.

6.1.6.4.

The locations in the test area from where the cores for absorption measurement have been taken.

6.1.6.5.

Texture depth, including the number of tests and standard deviation.

6.1.6.6.

The institution responsible for tests according to points 6.1.6.1. and 6.1.6.2. and the type of equipment used.

6.1.6.7.

Date of the test(s) and date when the cores were taken from the test track.

6.2.

Documentation of vehicle noise tests conducted on the surface

In the document describing the vehicle noise test(s) it shall be stated whether all the requirements of this standard were fulfilled or not. Reference shall be given to a document according to point 6.1. describing the results which verify this.

---

(1)  ISO10844:1994

  For the first five years after the entry into force of this Regulation, manufacturers may either use test tracks certified according to ISO 10844:1994 or ISO 10844:2011
  .
  After that date manufacturers shall use only test tracks complying with ISO 10844:2011
  . [Am. 53]

(2)  To be published.

ANNEX VIII

Measuring method to evaluate compliance with the additional sound emission provisions

| 1. | General |
| --- | --- |
| | This Annex describes a measuring method to evaluate compliance of the vehicle with the additional sound emission provisions (ASEP) set out in Article 8. |
| | It is not mandatory to perform actual tests when applying for type-approval. The manufacturer shall sign the declaration of compliance set out in Appendix 1 to this Annex. The type-approval authority may ask for additional information about the declaration of compliance and carry out the tests described below. |
| | The analysis of Annex VIII requires the performance of a test according to Annex II. The test specified in Annex II shall be carried out on the same test track under conditions similar to those required in the tests prescribed in this Annex. |
| 2. | Measuring method |
| 2.1 | Measuring instruments and condition of measurements |
| | Unless otherwise specified, the measuring instruments, the conditions of the measurements and the condition of the vehicle are equivalent to those specified in points 2 and 3 of Annex II. |
| | If the vehicle has different modes that affect sound emission, all modes shall comply with the requirements in this Annex where the manufacturer has performed tests to prove to the approval authority compliance with those requirements, the modes used during those tests shall be reported in a test report. |
| 2.2. | Method of testing |
| | Unless otherwise specified, the conditions and procedures of points 4.1 to 4.1.2.1.2.2. of Annex II shall be used. For the purpose of this Annex, single test runs shall be measured and evaluated. |
| 2.3. | Control range |
| | Operation conditions are as follows: |
| | Vehicle speed VAA ASEP: vAA ≥ 20 km/h |
| | Vehicle acceleration awot ASEP: awot ≤ 5,0

  4,0
   m/s2
  [Am. 56] |
| | Engine speed nBB ASEP nBB ≤ 2,0 * PMR-0,222 * s or |
| | nBB ≤ 0,9 * s, whichever is the lowest
  Vehicle speed VBB ASEP:
  if nBB ASEP is reached in one gear vBB ≤ 70 km/h
  in all other cases vBB ≤ 80 km/h
  gears k ≤ gear ratio i as determined in Annex II |
| | If the vehicle, in the lowest valid gear, does not achieve the maximum engine speed below 70 km/h, the vehicle speed limit is 80 km/h. |
| 2.4. | Gear ratios |
| | The ASEP requirements apply to every gear ratio k that leads to test results within the control range as defined in point 2.3. of this Annex. |
| | In case of vehicles with automatic transmissions, adaptive transmissions and CVTs (1) tested with non-locked gear ratios, the test may include a gear ratio change to a lower range and a higher acceleration. A gear change to a higher range and a lower acceleration is not allowed. A gear shift which leads to a condition that is not in compliance with the boundary conditions shall be avoided. In such a case, it is permitted to establish and use electronic or mechanical devices, including alternate gear selector positions. |
| | In order for the ASEP test to be representative and repeatable (to the Type Approval Authority), the vehicles shall be tested using production gearbox calibration. [Am. 57] |
| 2.5. | Target conditions |
| | The sound emission shall be measured in each valid gear ratio at the four test points as specified below. |
| | The first test point P1 is defined by using an entry speed vAA of 20 km/h. If a stable acceleration condition cannot be achieved, the speed shall be increased in steps of 5 km/h until a stable acceleration is reached. |
| | The fourth test point P4 is defined by the maximum vehicle speed at BB' in that gear ratio within the boundary conditions according to point 2.3. |
| | The other two test points are defined by the following formula: |
| | Test Point Pj: vBB_j = vBB_1 + ((j — 1)/3) * (vBB_4 — vBB_1) for j = 2 and 3
  Where: |
| | vBB_1 = vehicle speed at BB' of test point P1

  vBB_4 = vehicle speed at BB' of test point P4

  Tolerance for vBB_j: ±3 km/h
  For all test points the boundary conditions as specified in point 2.3. shall be met. |
| 2.6. | Test of the vehicle |
| | The path of the centreline of the vehicle shall follow line CC' as closely as possible throughout the entire test, starting from the approach to line AA' until the rear of the vehicle passes line BB'. |
| | At line AA' the accelerator shall be fully depressed. To achieve a more stable acceleration or to avoid a down shift between line AA' and BB' pre-acceleration before line AA' may be used. The accelerator shall be kept in depressed condition until the rear of the vehicle reaches line BB'. |
| | For every separate test run, the following parameters shall be determined and noted: |
| | The maximum A-weighted sound pressure level of both sides of the vehicle, indicated during each passage of the vehicle between the two lines AA' and BB', shall be mathematically rounded to the first decimal place (Lwot, kj). If a sound peak obviously out of character with the general sound pressure level is observed, the measurement shall be discarded. Left and right side may be measured simultaneously or separately. |
| | The vehicle speed readings at AA' and BB' shall be reported with the first significant digit after the decimal place. (vAA, kj; vBB, kj) |
| | If applicable, the engine speed readings at AA' and BB' shall be reported as a full integer value (nAA, kj; nBB, kj). |
| | The calculated acceleration shall be determined in accordance to the formula in point 4.1.2.1.2. of Annex II and reported to the second digit after the decimal place (awot, test, kj). |
| 3. | Analysis of results |
| 3.1. | Determination of the anchor point for each gear ratio |
| | For measurements in gear i and lower, the anchor point consists of the maximum sound level Lwoti, the reported engine speed nwoti and vehicle speed vwoti at BB' of gear ratio i of the acceleration test in Annex II. |
| | Lanchor, i = Lwoti, Annex II

  nanchor, i = nBB, woti, Annex II

  vanchor, i = vBB, woti, Annex II |
| | For measurements in gear i+1 the anchor point consists of the maximum sound level Lwoti+1, the reported engine speed nwoti+1 and vehicle speed vwoti+1 at BB' of gear ratio i+1 of the acceleration test in Annex II. |
| | Lanchor, i+1 = Lwoti+1,Annex II

  nanchor, i+1 = nBB, woti+1,Annex II

  vanchor, i+1 = vBB, woti+1,Annex II |
| 3.2. | Slope of the regression line for each gear |
| | The sound measurements shall be evaluated as function of engine speed according to point 3.2.1. |
| 3.2.1. | Calculation of the slope of the regression line for each gear |
| | The linear regression line is calculated using the anchor point and the four correlated additional measurements. |
| | (in dB/1000 min-1) |
| | With

  and

  ; |
| | where nj = engine speed measured at line BB’ |
| 3.2.2. | Slope of the regression line for each gear |
| | The Slopek of a particular gear for the further calculation is the derived result of the calculation in point 3.2.1 rounded to the first decimal place, but not higher than 5 dB/1000 min-1.” |
| 3.3. | Calculation of the linear noise level increase expected for each measurement |
| | The sound level LASEP, kj for measurement point j and gear k shall be calculated using the engine speeds measured for each measurement point, using the slope specified in point 3.2. to the specific anchor point for each gear ratio. |
| | For nBB_k, j ≤ nanchor, k: |
| | LASEP_k, j = Lanchor_k + (Slopek — Y) * (nBB_k, j — nanchor, k)/1000
  For nBB_k, j > nanchor, k:
  LASEP_k, j = Lanchor_k + (Slopek + Y) * (nBB_k, j — nanchor, k)/1000
  Where Y= 1 |
| 3.4. | Samples |
| | On request of the type-approval authority two additional runs within the boundary conditions according to point 2.3. of this Annex shall be carried out. |
| 4. | Interpretation of results |
| | Every individual noise measurement shall be evaluated. |
| | The sound level of every specified measurement point shall not exceed the limits given below:
  Lkj ≤ LASEP_k.j + x
  With:
  x = 3 dB(A) for vehicle with a non-lockable automatic transmission or non-lockable CVT
  x = 2 dB(A) + limit value Lurban of Annex II for all other vehicles |
| | If the measured noise level at a point exceeds the limit, two additional measurements at the same point shall be carried out to verify the measurement uncertainty. The vehicle is still in compliance with ASEP, if the average of the three valid measurements at this specific point fulfils the specification. |
| 5. | Reference sound assessment |
| | The reference sound is assessed at a single point in one discrete gear, simulating an acceleration condition starting with an entry speed at vaa equal to 50 km/h and assuming an exit speed at vbb equal to 61 km/h. The sound compliance at this point can either be calculated using the results of point 3.2.2. and the specification below or be evaluated by direct measurement using the gear as specified below. |
| 5.1 | The determination of gear k is as follows: |
| | k = 3 for all manual transmission and for automatic transmission with up to 5 gears;
  k = 4 for automatic transmission with 6 or more gears |
| | If no discrete gears are available, e.g. for non-lockable automatic transmissions or non-lockable CVTs, the gear ratio for further calculation shall be determined from the acceleration test result in Annex II using the reported engine speed and vehicle speed at line BB’. |
| 5.2. | Determination of reference engine speed nref_k |
| | The reference engine speed, nref_k, shall be calculated using the gear ratio of gear k at the reference speed of vref = 61 km/h. |
| 5.3. | Calculation of Lref |
| | Lref = Lanchor_k + Slopek * (nref_k — nanchor_k)/1000
  Lref shall be less than or equal to 76 dB(A). |
| | For vehicles fitted with a manual gear box having more than four forward gears and equipped with an engine developing a maximum power greater than 140 kW (UNECE) and having a maximum-power/maximum-mass ratio greater than 75 kW/t, Lref shall be less than or equal to 79 dB(A). |
| | For vehicles fitted with an automatic gear box having more than four forward gears and equipped with an engine developing a maximum power greater than 140 kW (UNECE) and having a maximum-power/maximum-mass ratio greater than 75 kW/t, Lref shall be less than or equal to 78 dB(A). |
| 6. | Evaluation of ASEP using the principle of L_Urban |
| 6.1 | General |
| | This evaluation procedure is an alternative selected by the vehicle manufacturer to the procedure described in point 3 of this Annex and is applicable for all vehicle technologies. It is the responsibility of the vehicle manufacturer to determine the correct manner of testing. Unless otherwise specified, all testing and calculation shall be as specified in Annex II to this Regulation. |
| 6.2. | Calculation of Lurban ASEP |
| | From any Lwot ASEP as measured according to this annex, Lurban ASEP shall be calculated as follows: |
| | (a) | Calculate awot test ASEP using acceleration calculation from point 4.1.2.1.2.1. or point 4.1.2.1.2.2. of Annex II to this Regulation, as applicable; |

1.

General

This Annex describes a measuring method to evaluate compliance of the vehicle with the additional sound emission provisions (ASEP) set out in Article 8.

It is not mandatory to perform actual tests when applying for type-approval. The manufacturer shall sign the declaration of compliance set out in Appendix 1 to this Annex. The type-approval authority may ask for additional information about the declaration of compliance and carry out the tests described below.

The analysis of Annex VIII requires the performance of a test according to Annex II. The test specified in Annex II shall be carried out on the same test track under conditions similar to those required in the tests prescribed in this Annex.

2.

Measuring method

2.1

Measuring instruments and condition of measurements

Unless otherwise specified, the measuring instruments, the conditions of the measurements and the condition of the vehicle are equivalent to those specified in points 2 and 3 of Annex II.

If the vehicle has different modes that affect sound emission, all modes shall comply with the requirements in this Annex where the manufacturer has performed tests to prove to the approval authority compliance with those requirements, the modes used during those tests shall be reported in a test report.

2.2.

Method of testing

Unless otherwise specified, the conditions and procedures of points 4.1 to 4.1.2.1.2.2. of Annex II shall be used. For the purpose of this Annex, single test runs shall be measured and evaluated.

2.3.

Control range

Operation conditions are as follows:

Vehicle speed VAA ASEP: vAA ≥ 20 km/h

Vehicle acceleration awot ASEP: awot ≤ 5,0

  4,0
   m/s2
  [Am. 56]

Engine speed nBB ASEP nBB ≤ 2,0 * PMR-0,222 * s or

nBB ≤ 0,9 * s, whichever is the lowest

Vehicle speed VBB ASEP:

if nBB ASEP is reached in one gear vBB ≤ 70 km/h

in all other cases vBB ≤ 80 km/h

gears k ≤ gear ratio i as determined in Annex II

If the vehicle, in the lowest valid gear, does not achieve the maximum engine speed below 70 km/h, the vehicle speed limit is 80 km/h.

2.4.

Gear ratios

The ASEP requirements apply to every gear ratio k that leads to test results within the control range as defined in point 2.3. of this Annex.

In case of vehicles with automatic transmissions, adaptive transmissions and CVTs (1) tested with non-locked gear ratios, the test may include a gear ratio change to a lower range and a higher acceleration. A gear change to a higher range and a lower acceleration is not allowed. A gear shift which leads to a condition that is not in compliance with the boundary conditions shall be avoided. In such a case, it is permitted to establish and use electronic or mechanical devices, including alternate gear selector positions.

In order for the ASEP test to be representative and repeatable (to the Type Approval Authority), the vehicles shall be tested using production gearbox calibration. [Am. 57]

2.5.

Target conditions

The sound emission shall be measured in each valid gear ratio at the four test points as specified below.

The first test point P1 is defined by using an entry speed vAA of 20 km/h. If a stable acceleration condition cannot be achieved, the speed shall be increased in steps of 5 km/h until a stable acceleration is reached.

The fourth test point P4 is defined by the maximum vehicle speed at BB' in that gear ratio within the boundary conditions according to point 2.3.

The other two test points are defined by the following formula:

Test Point Pj: vBB_j = vBB_1 + ((j — 1)/3) * (vBB_4 — vBB_1) for j = 2 and 3

Where:

vBB_1 = vehicle speed at BB' of test point P1

vBB_4 = vehicle speed at BB' of test point P4

Tolerance for vBB_j: ±3 km/h

For all test points the boundary conditions as specified in point 2.3. shall be met.

2.6.

Test of the vehicle

The path of the centreline of the vehicle shall follow line CC' as closely as possible throughout the entire test, starting from the approach to line AA' until the rear of the vehicle passes line BB'.

At line AA' the accelerator shall be fully depressed. To achieve a more stable acceleration or to avoid a down shift between line AA' and BB' pre-acceleration before line AA' may be used. The accelerator shall be kept in depressed condition until the rear of the vehicle reaches line BB'.

For every separate test run, the following parameters shall be determined and noted:

The maximum A-weighted sound pressure level of both sides of the vehicle, indicated during each passage of the vehicle between the two lines AA' and BB', shall be mathematically rounded to the first decimal place (Lwot, kj). If a sound peak obviously out of character with the general sound pressure level is observed, the measurement shall be discarded. Left and right side may be measured simultaneously or separately.

The vehicle speed readings at AA' and BB' shall be reported with the first significant digit after the decimal place. (vAA, kj; vBB, kj)

If applicable, the engine speed readings at AA' and BB' shall be reported as a full integer value (nAA, kj; nBB, kj).

The calculated acceleration shall be determined in accordance to the formula in point 4.1.2.1.2. of Annex II and reported to the second digit after the decimal place (awot, test, kj).

3.

Analysis of results

3.1.

Determination of the anchor point for each gear ratio

For measurements in gear i and lower, the anchor point consists of the maximum sound level Lwoti, the reported engine speed nwoti and vehicle speed vwoti at BB' of gear ratio i of the acceleration test in Annex II.

Lanchor, i = Lwoti, Annex II

nanchor, i = nBB, woti, Annex II

vanchor, i = vBB, woti, Annex II

For measurements in gear i+1 the anchor point consists of the maximum sound level Lwoti+1, the reported engine speed nwoti+1 and vehicle speed vwoti+1 at BB' of gear ratio i+1 of the acceleration test in Annex II.

Lanchor, i+1 = Lwoti+1,Annex II

nanchor, i+1 = nBB, woti+1,Annex II

vanchor, i+1 = vBB, woti+1,Annex II

3.2.

Slope of the regression line for each gear

The sound measurements shall be evaluated as function of engine speed according to point 3.2.1.

3.2.1.

Calculation of the slope of the regression line for each gear

The linear regression line is calculated using the anchor point and the four correlated additional measurements.

Image

(in dB/1000 min-1)

Image

Image

where nj = engine speed measured at line BB’

3.2.2.

Slope of the regression line for each gear

The Slopek of a particular gear for the further calculation is the derived result of the calculation in point 3.2.1 rounded to the first decimal place, but not higher than 5 dB/1000 min-1.”

3.3.

Calculation of the linear noise level increase expected for each measurement

The sound level LASEP, kj for measurement point j and gear k shall be calculated using the engine speeds measured for each measurement point, using the slope specified in point 3.2. to the specific anchor point for each gear ratio.

For nBB_k, j ≤ nanchor, k:

LASEP_k, j = Lanchor_k + (Slopek — Y) * (nBB_k, j — nanchor, k)/1000

For nBB_k, j > nanchor, k:

LASEP_k, j = Lanchor_k + (Slopek + Y) * (nBB_k, j — nanchor, k)/1000

Where Y= 1

3.4.

Samples

On request of the type-approval authority two additional runs within the boundary conditions according to point 2.3. of this Annex shall be carried out.

4.

Interpretation of results

Every individual noise measurement shall be evaluated.

The sound level of every specified measurement point shall not exceed the limits given below:

Lkj ≤ LASEP_k.j + x

With:

x = 3 dB(A) for vehicle with a non-lockable automatic transmission or non-lockable CVT

x = 2 dB(A) + limit value Lurban of Annex II for all other vehicles

If the measured noise level at a point exceeds the limit, two additional measurements at the same point shall be carried out to verify the measurement uncertainty. The vehicle is still in compliance with ASEP, if the average of the three valid measurements at this specific point fulfils the specification.

5.

Reference sound assessment

The reference sound is assessed at a single point in one discrete gear, simulating an acceleration condition starting with an entry speed at vaa equal to 50 km/h and assuming an exit speed at vbb equal to 61 km/h. The sound compliance at this point can either be calculated using the results of point 3.2.2. and the specification below or be evaluated by direct measurement using the gear as specified below.

5.1

The determination of gear k is as follows:

k = 3 for all manual transmission and for automatic transmission with up to 5 gears;

k = 4 for automatic transmission with 6 or more gears

If no discrete gears are available, e.g. for non-lockable automatic transmissions or non-lockable CVTs, the gear ratio for further calculation shall be determined from the acceleration test result in Annex II using the reported engine speed and vehicle speed at line BB’.

5.2.

Determination of reference engine speed nref_k

The reference engine speed, nref_k, shall be calculated using the gear ratio of gear k at the reference speed of vref = 61 km/h.

5.3.

Calculation of Lref

Lref = Lanchor_k + Slopek * (nref_k — nanchor_k)/1000

Lref shall be less than or equal to 76 dB(A).

For vehicles fitted with a manual gear box having more than four forward gears and equipped with an engine developing a maximum power greater than 140 kW (UNECE) and having a maximum-power/maximum-mass ratio greater than 75 kW/t, Lref shall be less than or equal to 79 dB(A).

For vehicles fitted with an automatic gear box having more than four forward gears and equipped with an engine developing a maximum power greater than 140 kW (UNECE) and having a maximum-power/maximum-mass ratio greater than 75 kW/t, Lref shall be less than or equal to 78 dB(A).

6.

Evaluation of ASEP using the principle of L_Urban

6.1

General

This evaluation procedure is an alternative selected by the vehicle manufacturer to the procedure described in point 3 of this Annex and is applicable for all vehicle technologies. It is the responsibility of the vehicle manufacturer to determine the correct manner of testing. Unless otherwise specified, all testing and calculation shall be as specified in Annex II to this Regulation.

6.2.

Calculation of Lurban ASEP

From any Lwot ASEP as measured according to this annex, Lurban ASEP shall be calculated as follows:

(a)

Calculate awot test ASEP using acceleration calculation from point 4.1.2.1.2.1. or point 4.1.2.1.2.2. of Annex II to this Regulation, as applicable;

| (b) | Determine the vehicle speed (VBB ASEP) at BB during the Lwot ASEP test; |
| --- | --- |

(b)

Determine the vehicle speed (VBB ASEP) at BB during the Lwot ASEP test;

| (c) | Calculate kP ASEP as follows:
  kP ASEP = 1 — (aurban/awot test ASEP)
  Test results where awot test ASEP are less than a_urban shall be disregarded. |
| --- | --- |

(c)

Calculate kP ASEP as follows:

kP ASEP = 1 — (aurban/awot test ASEP)

Test results where awot test ASEP are less than a_urban shall be disregarded.

| (d) | Calculate Lurban measured ASEP as follows:
  Lurban measured ASEP =
  Lwot ASEP — kP ASEP * (Lwot ASEP — Lcrs)
  For further calculation, use the Lurban from Annex II to this Regulation without rounding, including the digit after the decimal (xx.x). |
| --- | --- |

(d)

Calculate Lurban measured ASEP as follows:

Lurban measured ASEP =

Lwot ASEP — kP ASEP * (Lwot ASEP — Lcrs)

For further calculation, use the Lurban from Annex II to this Regulation without rounding, including the digit after the decimal (xx.x).

| (e) | Calculate Lurban normalized as follows:
  Lurban normalized = Lurban measured ASEP — Lurban |
| --- | --- |

(e)

Calculate Lurban normalized as follows:

Lurban normalized = Lurban measured ASEP — Lurban

| (f) | Calculate Lurban ASEP as follows:
  Lurban ASEP =
  Lurban normalized — (0,15 * (VBB ASEP — 50)) |
| --- | --- |

(f)

Calculate Lurban ASEP as follows:

Lurban ASEP =

Lurban normalized — (0,15 * (VBB ASEP — 50))

| g) | Compliance with limits:
  Lurban ASEP shall be less than or equal to 3,0 dB. |
| --- | --- |

g)

Compliance with limits:

Lurban ASEP shall be less than or equal to 3,0 dB.

---

(1)  Continuously variable transmissions.

Appendix 1

Statement of compliance with the Additional Sound Emission Provisions

(Maximum format: A4 (210 x 297 mm))

(Name of manufacturer) attests that vehicles of this type (type with regard to its noise emission pursuant to EU Regulation No.) comply with the requirements of Article 8 of Regulation No. .

(Name of manufacturer) makes this statement in good faith, after having performed an appropriate evaluation of the sound emission performance of the vehicles.

Date:

Name of authorized representative:

Signature of authorized representative:

Annex IX

Measures ensuring the audibility of hybrid and electric vehicles

This Annex addresses Acoustic Vehicle Alerting System (AVAS) for hybrid electric and pure electric road transport vehicles (HEV and EV).

| A | Acoustic Vehicle Alerting System |
| --- | --- |
| 1. | Definition |
| | Acoustic Vehicle Alerting System (AVAS) is a sound generating device designed to inform

  system for hybrid electric and electric road transport vehicles, which provides vehicle operation information to
  pedestrians and vulnerable road users. [Am. 58] |
| 2. | System performance |
| | If AVAS is installed on a vehicle, it shall fulfil the requirements referred to below. |
| 3. | Operation conditions |
| (a) | Sound generation method |
| | The AVAS shall automatically generate a sound in the minimum range of vehicle speed from start up to approximately 20 km/h and during reversing if applicable for that vehicle category. Where the vehicle is equipped with an internal combustion engine that is in operation within the vehicle speed range defined above, the AVAS may not need to generate a sound.
  For vehicles having a reversing sound warning device, it is not necessary for the AVAS to generate a sound during backup. |
| (b) | Pause switch |
| | The AVAS may have a switch to stop its operation temporarily (‘pause switch’).
  If a pause switch is introduced, however, the vehicle should also be equipped with a device for indicating the pause state of the vehicle-approach informing device to the driver in the driver's seat.
  The AVAS should remain capable of re-operating after stopped by a pause switch.
  If fitted in the vehicle, a pause switch should be located in such a position that the driver will find and manipulate it with ease. |
| (c) | Attenuation |
| | The AVAS sound level may be attenuated during periods of vehicle operation. |
| 4. | Sound type and volume |
| (a) | The sound to be generated by the AVAS should be a continuous sound that provides information to the pedestrians and vulnerable road users of a vehicle in operation.
  The sound should be easily indicative of vehicle behaviour and should sound similar to the sound of a vehicle of the same category equipped with an internal combustion engine
  .

  However, the following and similar types of sounds are not acceptable:








  (i) | Siren, horn, chime, bell and emergency vehicle sounds |

A

Acoustic Vehicle Alerting System

1.

Definition

Acoustic Vehicle Alerting System (AVAS) is a sound generating device designed to inform

  system for hybrid electric and electric road transport vehicles, which provides vehicle operation information to
  pedestrians and vulnerable road users. [Am. 58]

2.

System performance

If AVAS is installed on a vehicle, it shall fulfil the requirements referred to below.

3.

Operation conditions

(a)

Sound generation method

The AVAS shall automatically generate a sound in the minimum range of vehicle speed from start up to approximately 20 km/h and during reversing if applicable for that vehicle category. Where the vehicle is equipped with an internal combustion engine that is in operation within the vehicle speed range defined above, the AVAS may not need to generate a sound.

For vehicles having a reversing sound warning device, it is not necessary for the AVAS to generate a sound during backup.

(b)

Pause switch

The AVAS may have a switch to stop its operation temporarily (‘pause switch’).

If a pause switch is introduced, however, the vehicle should also be equipped with a device for indicating the pause state of the vehicle-approach informing device to the driver in the driver's seat.

The AVAS should remain capable of re-operating after stopped by a pause switch.

If fitted in the vehicle, a pause switch should be located in such a position that the driver will find and manipulate it with ease.

(c)

Attenuation

The AVAS sound level may be attenuated during periods of vehicle operation.

4.

Sound type and volume

(a)

The sound to be generated by the AVAS should be a continuous sound that provides information to the pedestrians and vulnerable road users of a vehicle in operation.
  The sound should be easily indicative of vehicle behaviour and should sound similar to the sound of a vehicle of the same category equipped with an internal combustion engine
  .

However, the following and similar types of sounds are not acceptable:

(i)

Siren, horn, chime, bell and emergency vehicle sounds

| (ii) | Alarm sounds e.g. fire, theft, smoke alarms |
| --- | --- |

(ii)

Alarm sounds e.g. fire, theft, smoke alarms

| (iii) | Intermittent sound |
| --- | --- |

(iii)

Intermittent sound

The following and similar types of sounds should be avoided:

| (iv) | Melodious sounds, animal and insect sounds |
| --- | --- |

(iv)

Melodious sounds, animal and insect sounds

| (v) | Sounds that confuse the identification of a vehicle and/or its operation (e.g. acceleration, deceleration etc.)
  [Am. 59] |
| --- | --- |

(v)

Sounds that confuse the identification of a vehicle and/or its operation (e.g. acceleration, deceleration etc.)
  [Am. 59]

(b)

The sound to be generated by the AVAS should

  must
  be easily indicative of vehicle behaviour
  and direction of travel
  , for example, through the automatic variation of sound level or characteristics in synchronization with vehicle speed.

(c)

The sound level to be generated by the AVAS should

  may
  not exceed the approximate sound level of a similar vehicle of the same category equipped with an internal combustion engine and operating under the same conditions.

Environmental consideration:

The development of the AVAS shall give consideration to the overall community noise impact. [Am. 60]

ANNEX X

EU type-approval in respect of the sound level of exhaust systems as separate technical units (replacement exhaust systems)

| 1. | APPLICATION FOR EU TYPE-APPROVAL |
| --- | --- |
| 1.1. | The application of EU type-approval pursuant to Article 7(1) and (2) of Directive 2007/46/EC in respect of a replacement exhaust system or component thereof as a separate technical unit shall be submitted by the vehicle manufacturer or the manufacturer of the separate technical unit in question. |
| 1.2. | A model for the information document is given in Appendix 1. |
| 1.3. | At the request of the technical service concerned, the applicant must submit: |
| 1.3.1 | two examples of the system in respect of which application for EU type-approval has been made, |
| 1.3.2. | an exhaust system of the type originally fitted to the vehicle when EU type-approval was granted, |
| 1.3.3. | a vehicle representative of the type to which the system is to be fitted, which meets the requirements of point 2.1 of Annex VI to this Regulation. |
| 1.3.4. | a separate engine corresponding to the type of vehicle described. |
| 2. | MARKINGS |
| 2.4.1. | The replacement exhaust system or its components, excluding fixing hardware and pipes must bear: |
| 2.4.1.1. | the trademark or trade name of the manufacturer of the replacement system and its components, |
| 2.4.1.2. | the manufacturer's trade description, |
| 2.4.2. | These marks must be clearly legible and indelible, even when the system is fitted to the vehicle. |
| 3. | GRANTING OF EU TYPE-APPROVAL |
| 3.1. | If the relevant requirements are satisfied, EU type-approval pursuant to Article 9(3) and, if applicable, Article 10(4) of Directive 2007/46/EC shall be granted. |
| 3.2. | A model for the EU type-approval certificate is given in Appendix 2. |
| 3.3. | A type-approval number in accordance with Annex VII to Directive 2007/46/EC shall be assigned to each type of replacement exhaust system or component thereof approved as a separate technical unit; section 3 of the type-approval number shall indicate the number of the amending Directive which was applicable at the time of the vehicle type-approval. The same Member State shall not assign the same number to another type of replacement exhaust system or component thereof. |
| 4. | EU TYPE-APPROVAL MARK |
| 4.1. | Every replacement exhaust system or component thereof, excluding fixing hardware and pipes, conforming to a type approved under this Regulation shall bear an EU type-approval mark. |
| 4.2. | The EU type-approval mark shall consist of a rectangle surrounding the lower case letter ‘e’ followed by the distinguishing letter(s) or number of the Member State which has granted the approval:
  ‘1’ for Germany
  ‘2’ for France
  ‘3’ for Italy
  ‘4’ for the Netherlands
  ‘5’ for Sweden
  ‘6’ for Belgium
  ‘7’ for Hungary
  ‘8’ for the Czech Republic
  ‘9’ for Spain
  ‘11’ for the United Kingdom
  ‘12’ for Austria
  ‘13’ for Luxembourg
  ‘17’ for Finland
  ‘18’ for Denmark
  ‘19’ for Romania
  ‘20’ for Poland
  ‘21’ for Portugal
  ‘23’ for Greece
  ‘24’ for Ireland
  ‘26’ for Slovenia
  ‘27’ for Slovakia
  ‘29’ for Estonia
  ‘32’ for Latvia
  ‘34’ for Bulgaria
  ‘36’ for Lithuania
  ‘49’ for Cyprus
  ‘50’ for Malta
  It must also include in the vicinity of the rectangle the ‘base approval number’ contained in section 4 of the type-approval number referred to in Annex VII to Directive 2007/46/EC, preceded by the two figures indicating the sequence number assigned to the most recent major technical amendment to this regulation which was applicable at the time of the vehicle type-approval. |
| 4.3. | The mark must be clearly legible and indelible even when the replacement exhaust system or component thereof is fitted to the vehicle. |
| 4.4. | An example of the EU type-approval mark is shown in Appendix 3. |
| 5. | SPECIFICATIONS |
| 5.1. | General specifications |
| 5.1.1. | The replacement exhaust system or components thereof shall be designed, constructed and capable of being mounted so as to ensure that the vehicle complies with the provisions of this Regulation under normal conditions of use, notwithstanding any vibrations to which it may be subject. |
| 5.1.2. | The silencing system or components thereof shall be designed, constructed and capable of being mounted so that reasonable resistance to the corrosion phenomenon to which it is exposed is obtained having regard to the conditions of use of the vehicle. |
| 5.1.3. | Additional prescriptions related to tamperability and manually adjustable multi-mode exhaust or silencing systems |
| 5.1.3.1. | All exhaust or silencing systems shall be constructed in a way that does not easily permit removal of baffles, exit-cones and other parts whose primary function is as part of the silencing/expansion chambers. Where incorporation of such a part is unavoidable, its method of attachment shall be such that removal is not facilitated easily (e.g. with conventional threaded fixings) and should also be attached such that removal causes permanent/irrecoverable damage to the assembly. |
| 5.1.3.2. | Exhaust or silencing systems with multiple, manually adjustable operating modes shall meet all requirements in all operating modes. The reported noise levels shall be those resulting from the mode with the highest noise levels. |
| 5.2. | Specifications regarding noise levels |
| 5.2.1. | Conditions of measurement |
| 5.2.1.1. | The noise test of the silencing system and the replacement silencing system has to be executed with the same ‘normal’ tyres (as defined in paragraph 2.8. of UNECE Regulation No 117 (OJ L 231, 29.8.2008 p. 19). The tests are not allowed to be done with ‘special use’ tyres or ‘snow’ tyres as defined in paragraphs 2.9. and 2.10. of UNECE Regulation No 117. Such tyres could increase the noise level of the vehicle or would have a masking effect on the noise reduction performance comparison. The tyres may be of used condition but shall satisfy legal requirements for in-traffic use. |
| 5.2.2. | The noise reduction performance of the replacement silencing system or components of said system shall be verified by means of the methods described in Articles 7 and 8 and point 1 of Annex II. In particular, for the application of this point, reference shall be made to the amendment level of this Regulation which was in force at the time of type-approval of the new vehicle. |
| | (a) | Measurement with running vehicle
  When the replacement silencing system or components thereof is mounted on the vehicle described in point 1.3.3., the noise levels obtained shall satisfy one of the following conditions:






  (i) | The value measured (rounded to the nearest integer) shall not exceed by more than 1 dB(A) the type-approval value obtained under this Regulation with the type of vehicle concerned. |

1.

APPLICATION FOR EU TYPE-APPROVAL

1.1.

The application of EU type-approval pursuant to Article 7(1) and (2) of Directive 2007/46/EC in respect of a replacement exhaust system or component thereof as a separate technical unit shall be submitted by the vehicle manufacturer or the manufacturer of the separate technical unit in question.

1.2.

A model for the information document is given in Appendix 1.

1.3.

At the request of the technical service concerned, the applicant must submit:

1.3.1

two examples of the system in respect of which application for EU type-approval has been made,

1.3.2.

an exhaust system of the type originally fitted to the vehicle when EU type-approval was granted,

1.3.3.

a vehicle representative of the type to which the system is to be fitted, which meets the requirements of point 2.1 of Annex VI to this Regulation.

1.3.4.

a separate engine corresponding to the type of vehicle described.

2.

MARKINGS

2.4.1.

The replacement exhaust system or its components, excluding fixing hardware and pipes must bear:

2.4.1.1.

the trademark or trade name of the manufacturer of the replacement system and its components,

2.4.1.2.

the manufacturer's trade description,

2.4.2.

These marks must be clearly legible and indelible, even when the system is fitted to the vehicle.

3.

GRANTING OF EU TYPE-APPROVAL

3.1.

If the relevant requirements are satisfied, EU type-approval pursuant to Article 9(3) and, if applicable, Article 10(4) of Directive 2007/46/EC shall be granted.

3.2.

A model for the EU type-approval certificate is given in Appendix 2.

3.3.

A type-approval number in accordance with Annex VII to Directive 2007/46/EC shall be assigned to each type of replacement exhaust system or component thereof approved as a separate technical unit; section 3 of the type-approval number shall indicate the number of the amending Directive which was applicable at the time of the vehicle type-approval. The same Member State shall not assign the same number to another type of replacement exhaust system or component thereof.

4.

EU TYPE-APPROVAL MARK

4.1.

Every replacement exhaust system or component thereof, excluding fixing hardware and pipes, conforming to a type approved under this Regulation shall bear an EU type-approval mark.

4.2.

The EU type-approval mark shall consist of a rectangle surrounding the lower case letter ‘e’ followed by the distinguishing letter(s) or number of the Member State which has granted the approval:

‘1’ for Germany

‘2’ for France

‘3’ for Italy

‘4’ for the Netherlands

‘5’ for Sweden

‘6’ for Belgium

‘7’ for Hungary

‘8’ for the Czech Republic

‘9’ for Spain

‘11’ for the United Kingdom

‘12’ for Austria

‘13’ for Luxembourg

‘17’ for Finland

‘18’ for Denmark

‘19’ for Romania

‘20’ for Poland

‘21’ for Portugal

‘23’ for Greece

‘24’ for Ireland

‘26’ for Slovenia

‘27’ for Slovakia

‘29’ for Estonia

‘32’ for Latvia

‘34’ for Bulgaria

‘36’ for Lithuania

‘49’ for Cyprus

‘50’ for Malta

It must also include in the vicinity of the rectangle the ‘base approval number’ contained in section 4 of the type-approval number referred to in Annex VII to Directive 2007/46/EC, preceded by the two figures indicating the sequence number assigned to the most recent major technical amendment to this regulation which was applicable at the time of the vehicle type-approval.

4.3.

The mark must be clearly legible and indelible even when the replacement exhaust system or component thereof is fitted to the vehicle.

4.4.

An example of the EU type-approval mark is shown in Appendix 3.

5.

SPECIFICATIONS

5.1.

General specifications

5.1.1.

The replacement exhaust system or components thereof shall be designed, constructed and capable of being mounted so as to ensure that the vehicle complies with the provisions of this Regulation under normal conditions of use, notwithstanding any vibrations to which it may be subject.

5.1.2.

The silencing system or components thereof shall be designed, constructed and capable of being mounted so that reasonable resistance to the corrosion phenomenon to which it is exposed is obtained having regard to the conditions of use of the vehicle.

5.1.3.

Additional prescriptions related to tamperability and manually adjustable multi-mode exhaust or silencing systems

5.1.3.1.

All exhaust or silencing systems shall be constructed in a way that does not easily permit removal of baffles, exit-cones and other parts whose primary function is as part of the silencing/expansion chambers. Where incorporation of such a part is unavoidable, its method of attachment shall be such that removal is not facilitated easily (e.g. with conventional threaded fixings) and should also be attached such that removal causes permanent/irrecoverable damage to the assembly.

5.1.3.2.

Exhaust or silencing systems with multiple, manually adjustable operating modes shall meet all requirements in all operating modes. The reported noise levels shall be those resulting from the mode with the highest noise levels.

5.2.

Specifications regarding noise levels

5.2.1.

Conditions of measurement

5.2.1.1.

The noise test of the silencing system and the replacement silencing system has to be executed with the same ‘normal’ tyres (as defined in paragraph 2.8. of UNECE Regulation No 117 (OJ L 231, 29.8.2008 p. 19). The tests are not allowed to be done with ‘special use’ tyres or ‘snow’ tyres as defined in paragraphs 2.9. and 2.10. of UNECE Regulation No 117. Such tyres could increase the noise level of the vehicle or would have a masking effect on the noise reduction performance comparison. The tyres may be of used condition but shall satisfy legal requirements for in-traffic use.

5.2.2.

The noise reduction performance of the replacement silencing system or components of said system shall be verified by means of the methods described in Articles 7 and 8 and point 1 of Annex II. In particular, for the application of this point, reference shall be made to the amendment level of this Regulation which was in force at the time of type-approval of the new vehicle.

(a)

Measurement with running vehicle

When the replacement silencing system or components thereof is mounted on the vehicle described in point 1.3.3., the noise levels obtained shall satisfy one of the following conditions:

(i)

The value measured (rounded to the nearest integer) shall not exceed by more than 1 dB(A) the type-approval value obtained under this Regulation with the type of vehicle concerned.

| (ii) | The value measured (before any rounding to the nearest integer) shall not exceed by more than 1 dB(A) the noise value measured (before any rounding to the nearest integer) on the vehicle referred to in point 1.3.3., when this is fitted with a silencing system corresponding to the type fitted to the vehicle when submitted for type-approval under this Regulation. |
| --- | --- |

(ii)

The value measured (before any rounding to the nearest integer) shall not exceed by more than 1 dB(A) the noise value measured (before any rounding to the nearest integer) on the vehicle referred to in point 1.3.3., when this is fitted with a silencing system corresponding to the type fitted to the vehicle when submitted for type-approval under this Regulation.

Where back-to-back comparison of the replacement system with the original system is chosen, for the application of point 4.1.2.1.4.2. and/or point 4.1.2.2.1.2. of Annex II of this Regulation, it is allowed to have a gear change to higher accelerations and the use of electronic or mechanical devices to prevent this downshift is not mandatory. If under these conditions the noise level of the test vehicle becomes higher than the conformity of production (COP) values, the technical service will decide on the representativeness of the test vehicle.

| (b) | Measurement with stationary vehicle
  When the replacement silencing system or components thereof is mounted on the vehicle described in point 1.3.3., the noise levels obtained shall satisfy one of the following conditions:






  (i) | The value measured (rounded to the nearest integer) shall not exceed by more than 2 dB(A) the type-approval value obtained under this Regulation with the type of vehicle concerned. |
| --- | --- | --- |

(b)

Measurement with stationary vehicle

When the replacement silencing system or components thereof is mounted on the vehicle described in point 1.3.3., the noise levels obtained shall satisfy one of the following conditions:

(i)

The value measured (rounded to the nearest integer) shall not exceed by more than 2 dB(A) the type-approval value obtained under this Regulation with the type of vehicle concerned.

| (ii) | The value measured (before any rounding to the nearest integer) shall not exceed by more than 2 dB(A) the noise value measured (before any rounding to the nearest integer) on the vehicle referred to in point 1.3.3., when this is fitted with a silencing system corresponding to the type fitted to the vehicle when submitted for type-approval under this Regulation. |
| --- | --- |

(ii)

The value measured (before any rounding to the nearest integer) shall not exceed by more than 2 dB(A) the noise value measured (before any rounding to the nearest integer) on the vehicle referred to in point 1.3.3., when this is fitted with a silencing system corresponding to the type fitted to the vehicle when submitted for type-approval under this Regulation.

5.2.3.

Further to the requirements of Annex II, any replacement silencing system or component has to fulfil the applicable specifications of Annex VIII in this Regulation. For vehicles type approved before the coming into force of this Regulation and in particular the requirements of Annex VIII (ASEP) the specifications of points 5.2.3.1. to 5.2.3.3. of this Annex do not apply.

5.2.3.1.

Where the replacement silencing system or component is a system or component with variable geometry, in the application for type-approval the manufacturer shall provide a statement (in conformity with Appendix 1 to Annex VIII) that the silencing system type to be approved complies with the requirements of point 5.2.3. of this Annex. The type-approval authority may require any relevant test to verify the compliance of the silencing system type to the additional sound emission provisions.

5.2.3.2.

Where the replacement silencing system or component is not a system with variable geometry, it is sufficient in the application for type-approval that the manufacturer provides a statement (in conformity with Appendix 1 of Annex VIII) that the silencing system type to be approved complies with the requirements of point 5.2.3. of this Annex.

5.2.3.3.

The compliance statement shall read as follows: "(Name of the manufacturer) attests that the silencing system of this type complies with the requirements of point 5.2.3. of Annex X of Regulation (EU) No ... [this Regulation]. (Name of the manufacturer) makes this statement in good faith, after having performed an appropriate engineering evaluation of the sound emission performance over the applicable range of operating conditions.

5.3.

Measurement of the vehicle performances

5.3.1.

The replacement silencing system or components thereof shall be such as to ensure that vehicle performance is comparable with that achieved with the original equipment silencing system or component thereof.

5.3.2.

The replacement silencing system or, depending on the manufacturer's choice, the components of said system shall be compared with an original silencing system or components, which are also in new condition, successively mounted on the vehicle mentioned in point 1.3.3.

5.3.3.

The verification shall be carried out by measuring the back pressure pursuant to point 5.3.4.

The value measured with the replacement silencing system shall not exceed the value measured with the original silencing system by more than 25 % under the conditions mentioned below

5.3.4.

Test method

5.3.4.1.

Test method with engine

The measurements shall be conducted on the engine referred to in point 1.3.4. coupled to a dynamometer. With the throttle completely open, the bench shall be adjusted so as to obtain the engine speed (S) corresponding to the rated maximum power of the engine.

For the measurement of back pressure, the distance at which the pressure tap shall be placed from the exhaust manifold is indicated in Appendix 5.

5.3.4.2.

Test method with vehicle

The measurements shall be carried out on the vehicle referred to point 1.3.3. The test shall be conducted either on the road or on a roller dynamometer.

With the throttle completely open, the engine shall be loaded so as to obtain the engine speed corresponding to the rated maximum power of the engine (engine speed S).

For the measurement of back pressure, the distance at which the pressure tap shall be placed from the exhaust manifold is indicated in Appendix 5..

5.4.

Additional specifications regarding replacement silencing systems or components containing acoustically absorbing fibrous materials

5.4.1.

General

Sound absorbing fibrous materials may only be used in silencing systems or components thereof where any of the following conditions are fulfilled:

| (a) | The exhaust gas is not in contact with the fibrous materials; |
| --- | --- |

(a)

The exhaust gas is not in contact with the fibrous materials;

| (b) | The silencing system or the components thereof are of the same design family as systems or components for which it has been proven, in the course of the type-approval process in accordance with the requirements of this Regulation, that they are not subject to deterioration. |
| --- | --- |

(b)

The silencing system or the components thereof are of the same design family as systems or components for which it has been proven, in the course of the type-approval process in accordance with the requirements of this Regulation, that they are not subject to deterioration.

Unless one of these conditions is fulfilled, the complete silencing system or component thereof shall be submitted to conventional conditioning using one of the three installations and procedures described below.

5.4.1.1.

Continuous road operation for 10 000  km

5.4.1.1.1.

50 ± 20 % of this operation shall consist of urban driving and the remaining operation shall be long-distance runs at high speed; continuous road operation may be replaced by a corresponding test-track programme.

The two speed regimes shall be alternated at least twice.

The complete test program shall include a minimum of 10 breaks of at least three-hour duration in order to reproduce the effects of cooling and any condensation which may occur.

5.4.1.2.

Conditioning on a test bench

5.4.1.2.1.

Using standard parts and observing the vehicle manufacturer's instructions, the silencing system or components thereof shall be fitted to the vehicle referred to in point 1.3.3. or the engine referred to in point 1.3.4.. In the former case the vehicle shall be mounted on a roller dynamometer. In the second case, the engine shall be coupled to a dynamometer.

5.4.1.2.2.

The test shall be conducted in six six-hour periods with a break of at least 12 hours between each period in order to reproduce the effects of cooling and any condensation which may occur.

5.4.1.2.3.

During each six-hour period, the engine shall be run under the following conditions in turn:

| (a) | Five minutes at idling speed; |
| --- | --- |

(a)

Five minutes at idling speed;

| (b) | One-hour sequence under 1/4 load at 3/4 of rated maximum speed (S); |
| --- | --- |

(b)

One-hour sequence under 1/4 load at 3/4 of rated maximum speed (S);

| (c) | One-hour sequence under 1/2 load at 3/4 of rated maximum speed (S); |
| --- | --- |

(c)

One-hour sequence under 1/2 load at 3/4 of rated maximum speed (S);

| (d) | 10-minute sequence under full load at 3/4 of rated maximum speed (S); |
| --- | --- |

(d)

10-minute sequence under full load at 3/4 of rated maximum speed (S);

| (e) | 15-minute sequence under 1/2 load at rated maximum speed (S); |
| --- | --- |

(e)

15-minute sequence under 1/2 load at rated maximum speed (S);

| (f) | 30-minute sequence under 1/4 load at rated maximum speed (S). |
| --- | --- |

(f)

30-minute sequence under 1/4 load at rated maximum speed (S).

Each period shall comprise two sequenced sets of those conditions in consecutive order from (a) to (f).

5.4.1.2.4.

During the test, the silencing system or components thereof shall not be cooled by a forced draught simulation normal airflow around the vehicle.

Nevertheless, at the request of the manufacturer, the silencing system or components thereof may be cooled in order not to exceed the temperature recorded at its inlet when the vehicle is running at maximum speed.

5.4.1.3.

Conditioning by pulsation

5.4.1.3.1.

The silencing system or components thereof shall be fitted to the vehicle referred to in point 1.3.3. or to the engine referred to in point 1.3.4. In the former case, the vehicle shall be mounted on a roller dynamometer, and, in the second case, the engine shall be mounted on a dynamometer.

5.4.1.3.2.

The test apparatus, a detailed diagram of which is shown in Figure 1 of the Appendix 1 to Annex IV shall be fitted at the outlet of the silencing system. Any other apparatus providing equivalent results is acceptable.

5.4.1.3.3.

The test apparatus shall be adjusted in such a way that the exhaust gas flow is alternately interrupted and re-established by the quick action valve for 2 500  cycles.

5.4.1.3.4.

The valve shall open when the exhaust gas back pressure, measured at least 100 mm downstream of the intake flange, reaches a value of between 35 and 40 kPa. It shall close when this pressure does not differ by more than 10 % from its stabilized value with the valve opened.

5.4.1.3.5.

The time-delay switch shall be set for the duration of gas exhaust resulting from the provisions laid down in point 5.4.1.3.4.

5.4.1.3.6.

Engine speed shall be 75 % of the speed (S) at which the engine develops maximum power.

5.4.1.3.7.

The power indicated by the dynamometer shall be 50 % of the full-throttle power measured at 75 % of engine speed (S).

5.4.1.3.8.

Any drain holes shall be closed off during the test.

5.4.1.3.9.

The entire test shall be completed within 48 hours. If necessary, one cooling period will be observed after each hour.

5.4.1.3.10.

After conditioning, the noise level is checked pursuant to point 5.2.

6.

Extension of approval

The silencing system manufacturer or his duly accredited representative may ask the administrative department which has granted the approval of the silencing system for one or several types of vehicles, for an extension of the approval to other types of vehicles.

The procedure is that described in point 1. Notice of the extension of approval (or refusal of extension) shall be communicated to the Member States in accordance with the procedure specified in Directive 2007/46/EC.

7.

Modification of the type of silencing system

In the case of modifications of the type approved pursuant to this Regulation, Articles 13 — 16 and Article 17(4) of Directive 2007/46/EC shall apply.

8.

Conformity of production

8.1.

Measures to ensure the conformity of production shall be taken in accordance with the requirements laid down in Article 12 of Directive 2007/46/EC.

8.2.

Special provisions:

8.2.1.

The tests referred to point 2.3.5 of Annex X to Directive 2007/46/EC are those prescribed in Annex VI to this Regulation.

8.2.2.

The frequency of inspections referred to in point 3 of Annex X to Directive 2007/46/EC is normally once every two years.

Appendix 1

Information Document No ... relating to EU type-approval as separate technical unit of exhaust systems for motor vehicles (Regulation ...)

The following information, if applicable, must be supplied in triplicate and include a list of contents. Any drawings must be supplied in appropriate scale and in sufficient detail on size A4 or on a folder of A4 format. Photographs, if any, must show sufficient detail.

If the systems, components or separate technical units have electronic controls, information concerning their performance must be supplied.

| 0. | General |
| --- | --- |
| 0.1. | Make (trade name of manufacturer): |
| 0.2. | Type and general commercial description(s): |
| 0.5. | Name and address of manufacturer |
| 0.7. | In the case of components and separate technical units, location and method of affixing of the EU approval mark: |
| 0.8. | Address(es) of assembly plant(s): |
| 1. | Description of the vehicle for which the device is intended (if the device is intended to be fitted to more than one vehicle type the information requested under this point shall be supplied for each type concerned) |
| 1.1. | Make (trade name of manufacturer): |
| 1.2. | Type and general commercial description(s): |
| 1.3. | Means of identification of type, if marked on the vehicle: |
| 1.4. | Category of vehicle: |
| 1.5. | EU type-approval number with regard to sound level: |
| 1.6. | All the information mentioned in points 1.1 to 1.4 of the type-approval certificate concerning the vehicle (Annex I, Appendix 2 to this Regulation): |
| 1. | Additional information |
| 1.1. | Composition of the separate technical unit: |
| 1.2. | Trademark or trade name of the type(s) of motor vehicle to which the silencer is to be fitted (1) |
| 1.3. | Type(s) of vehicle and its/their type-approval number(s): |
| 1.4. | Engine |
| 1.4.1. | Type (positive ignition, diesel): |
| 1.4.2. | Cycles: two-stroke, four-stroke: |
| 1.4.3. | Total cylinder capacity: |
| 1.4.4. | Rated maximum engine power ... kW at ... min–1 |
| 1.5. | Number of gear ratios: |
| 1.6. | Gear ratios employed: |
| 1.7. | Drive-axle ratios(s): |
| 1.8. | Sound-level values:
  moving vehicle: ... dB(A), speed stabilised before acceleration
  at ... km/h;
  stationary vehicle dB(A), at ... min–1 |
| 1.9. | Value of the back pressure: |
| 1.10. | Any restrictions in respect of use and mounting requirements: |
| 2. | Remarks: |
| 3. | Description of the device |
| 3.1. | A description of the replacement exhaust system indicating the relative position of each system component, together with mounting instructions: |
| 3.2. | Detailed drawings of each component, so that they can be easily located and identified, and reference to the materials used. These drawings must indicate the place provided for the compulsory affixing of the EU type-approval mark |

0.

General

0.1.

Make (trade name of manufacturer):

0.2.

Type and general commercial description(s):

0.5.

Name and address of manufacturer

0.7.

In the case of components and separate technical units, location and method of affixing of the EU approval mark:

0.8.

Address(es) of assembly plant(s):

1.

Description of the vehicle for which the device is intended (if the device is intended to be fitted to more than one vehicle type the information requested under this point shall be supplied for each type concerned)

1.1.

Make (trade name of manufacturer):

1.2.

Type and general commercial description(s):

1.3.

Means of identification of type, if marked on the vehicle:

1.4.

Category of vehicle:

1.5.

EU type-approval number with regard to sound level:

1.6.

All the information mentioned in points 1.1 to 1.4 of the type-approval certificate concerning the vehicle (Annex I, Appendix 2 to this Regulation):

1.

Additional information

1.1.

Composition of the separate technical unit:

1.2.

Trademark or trade name of the type(s) of motor vehicle to which the silencer is to be fitted (1)

1.3.

Type(s) of vehicle and its/their type-approval number(s):

1.4.

Engine

1.4.1.

Type (positive ignition, diesel):

1.4.2.

Cycles: two-stroke, four-stroke:

1.4.3.

Total cylinder capacity:

1.4.4.

Rated maximum engine power ... kW at ... min–1

1.5.

Number of gear ratios:

1.6.

Gear ratios employed:

1.7.

Drive-axle ratios(s):

1.8.

Sound-level values:

moving vehicle: ... dB(A), speed stabilised before acceleration

at ... km/h;

stationary vehicle dB(A), at ... min–1

1.9.

Value of the back pressure:

1.10.

Any restrictions in respect of use and mounting requirements:

2.

Remarks:

3.

Description of the device

3.1.

A description of the replacement exhaust system indicating the relative position of each system component, together with mounting instructions:

3.2.

Detailed drawings of each component, so that they can be easily located and identified, and reference to the materials used. These drawings must indicate the place provided for the compulsory affixing of the EU type-approval mark

Date, File

Appendix 2

MODEL

EU TYPE-APPROVAL CERTIFICATE

(Maximum Format: A4 (210 × 297 mm))

Stamp of administration

| Communication concerning the






  — | type-approval (1) |
| --- | --- |

Communication concerning the

—

type-approval (1)

| — | extension of type-approval (1) |
| --- | --- |

—

extension of type-approval (1)

| — | refusal of type-approval (1) |
| --- | --- |

—

refusal of type-approval (1)

| — | withdrawal of type-approval (1) |
| --- | --- |

—

withdrawal of type-approval (1)

of a type of a vehicle/component/separate technical unit (1) with regard to Regulation No. .

Type-approval number:

Reason for extension:

SECTION 1

0.1.

Make (trade name of manufacturer):

0.2.

Type and general commercial description(s):

0.3.

Means of identification of type if marked on the vehicle/component/separate technical unit (1)
   (2):

0.3.1.

Location of that marking:

0.4.

Category of vehicle (3):

0.5.

Name and address of manufacturer:

0.7.

In the case of components and separate technical units, location and method of affixing of the EU type-approval mark:

0.8.

Address(es) of assembly plant(s):

SECTION II

1.

Additional information (where applicable): See Addendum

2.

Technical service responsible for carrying out the tests:

3.

Date of test report:

4.

Number of test report:

5.

Remarks (if any): See Addendum

6.

Place:

7.

Date:

8.

Signature:

9.

The index to the information package lodged with the approval authority, which may be obtained on request, is attached

---

(1)  Delete as applicable.

(2)  If the means of identification of type contains characters not relevant to describe the vehicle, component or separate technical unit types covered by the type-approval certificate such characters shall be represented in the documentation by the symbol: ‘?’ (e.g.ABC??123??).

(3)  As defined in point A of Annex IIA to Directive 2007/46/EC.

Appendix 3

Model for the EU type-approval mark

Image

The exhaust system or component thereof bearing the above EU type-approval mark is a device which has been approved in Spain (e 9) pursuant to Regulation No.. under the base approval number 0148.

The figures used are only indicative.

Appendix 4

Test apparatus

Image

| 1 | Inlet flange or sleeve — connection to the rear of complete silencing system to be tested. |
| --- | --- |
| 2 | Regulation valve (hand operated). |
| 3 | Compensating reservoir from 35 to 40 l. |
| 4 | Pressure switch 5 kPa to 250 kPa– to open item 7. |
| 5 | Time delay switch — to close item 7. |
| 6 | Counter of impulses. |
| 7 | Quick response valve — such as the valve of an exhaust brake system of 60 mm in diameter, operated by a pneumatic cylinder with an output of 120 N at 400 kPa. The response time, both when opening and closing, shall not exceed 0,5 s. |
| 8 | Exhaust gas evacuation. |
| 9 | Flexible pipe. |
| 10 | Pressure gauge. |

1

Inlet flange or sleeve — connection to the rear of complete silencing system to be tested.

2

Regulation valve (hand operated).

3

Compensating reservoir from 35 to 40 l.

4

Pressure switch 5 kPa to 250 kPa– to open item 7.

5

Time delay switch — to close item 7.

6

Counter of impulses.

7

Quick response valve — such as the valve of an exhaust brake system of 60 mm in diameter, operated by a pneumatic cylinder with an output of 120 N at 400 kPa. The response time, both when opening and closing, shall not exceed 0,5 s.

8

Exhaust gas evacuation.

9

Flexible pipe.

10

Pressure gauge.

Appendix 5

Measuring points — Back pressure

Examples of possible measuring points for loss-of-pressure tests. The exact measuring point shall be specified in the test report. It shall be in an area where gas flow is regular.

1.   Figure 1

Single pipe

Image

2.   Figure 2

Partly twin pipe
  1

Image

| 1 | If not possible, refer to figure 3. |
| --- | --- |

1

If not possible, refer to figure 3.

3.   Figure 3

Twin pipe

Image

| 2 | Two measuring points, one reading. |
| --- | --- |

2

Two measuring points, one reading.

ANNEX XI

Checks on conformity of production for exhaust system as a separate technical unit

| 1. | General |
| --- | --- |
| | These requirements are consistent with the test to be held to check conformity of production (COP) according to point 1 of Annex I to this Regulation. |
| 2. | Testing and procedures |
| | The methods of testing, measuring instruments and interpretation of results shall be those described in point 5 of Annex X. The exhaust system or component under test shall be subjected to the test as described in points 5.2., 5.3. and 5.4. of Annex X. |
| 3. | Sampling and evaluation of the results |
| 3.1. | One silencing system or component has to be chosen and subjected to the tests of point 2. If the test results fulfil the conformity of production requirements of point 8.1. of Annex X, the type of silencing system or component is considered to be in compliance with COP. |
| 3.2. | If one of the test results does not fulfil the conformity of production requirements of point 8.1. of Annex X, two more silencing systems or components of the same type shall be tested pursuant to point 2 |
| 3.3. | If the test results for the second and the third silencing system or component fulfil the conformity of production requirements of point 8.1 of Annex X, the type of silencing system or component is considered to be in compliance with the conformity of production. |
| 3.4. | If one of the test results of the second or third silencing system or component does not fulfil the conformity of production requirements of point 8.1. of Annex X, the type of silencing system or component shall be considered not to conform to the requirements of this Regulation and the manufacturer shall take the necessary measures to re-establish the conformity. |

1.

General

These requirements are consistent with the test to be held to check conformity of production (COP) according to point 1 of Annex I to this Regulation.

2.

Testing and procedures

The methods of testing, measuring instruments and interpretation of results shall be those described in point 5 of Annex X. The exhaust system or component under test shall be subjected to the test as described in points 5.2., 5.3. and 5.4. of Annex X.

3.

Sampling and evaluation of the results

3.1.

One silencing system or component has to be chosen and subjected to the tests of point 2. If the test results fulfil the conformity of production requirements of point 8.1. of Annex X, the type of silencing system or component is considered to be in compliance with COP.

3.2.

If one of the test results does not fulfil the conformity of production requirements of point 8.1. of Annex X, two more silencing systems or components of the same type shall be tested pursuant to point 2

3.3.

If the test results for the second and the third silencing system or component fulfil the conformity of production requirements of point 8.1 of Annex X, the type of silencing system or component is considered to be in compliance with the conformity of production.

3.4.

If one of the test results of the second or third silencing system or component does not fulfil the conformity of production requirements of point 8.1. of Annex X, the type of silencing system or component shall be considered not to conform to the requirements of this Regulation and the manufacturer shall take the necessary measures to re-establish the conformity.

ANNEX XII

Correlation table

(Referred to in Article 15.2)

| Directive 70/157/EEC | This Regulation |
| --- | --- |
| — | Article 1 |
| — | Article 2 |
| — | Article 3 |
| Article 2 | Article 4(1) |
| Article 2a | Article 4(2) and (3) |
| — | Article 5 |
| — | Article 6 |
| — | Article 7 |
| — | Article 8 |
| — | Article 9 |
| — | Articles 10, 11, 12 and 13 |
| — | Article 14 |
| — | Article 15 |
| | Article 16 |
| Annex I, point 1 | Annex I, point 1 |
| Annex I, point 3 | Annex I, point 2 |
| Annex I, point 4 | Annex I, point 3 |
| Annex I, point 5 | Annex I, point 4 |
| Annex I, point 6 | Annex I, point 5 |
| Annex I, Appendix 1 | Annex I, Appendix 1 |
| Annex I, Appendix 2 (without Addendum) | Annex I, Appendix 2 |
| — | Annex I, Appendix 3 |
| — | Annex II |
| Annex I, point 2 | Annex III |
| — | Annex IV |
| — | Annex V |
| — | Annex VI |
| — | Annex VII |
| — | Annex VIII |
| | Annex IX |
| Annex II, points 1, 2, 3 and 4 | Annex X, points 1, 2, 3 and 4 |
| — | Annex X, points 5 and 6 |
| Annex II, points 5 and 6 | Annex X, points 7 and 8 |
| Annex II, Appendix 1 | Annex X, Appendix 1 (+ additional info) |
| Annex II, Appendix 2 (without Addendum) | Annex X, Appendix 2 |
| Annex II, Appendix 3 | Annex X, Appendix 3 |
| — | Annex X, Appendixes 4 and 5 |
| | Annex XI |
| — | Annex XII |
| Annex III, point 1 | — |
| Annex III, point 2 | — |

Directive 70/157/EEC

This Regulation

—

Article 1

—

Article 2

—

Article 3

Article 2

Article 4(1)

Article 2a

Article 4(2) and (3)

—

Article 5

—

Article 6

—

Article 7

—

Article 8

—

Article 9

—

Articles 10, 11, 12 and 13

—

Article 14

—

Article 15

Article 16

Annex I, point 1

Annex I, point 1

Annex I, point 3

Annex I, point 2

Annex I, point 4

Annex I, point 3

Annex I, point 5

Annex I, point 4

Annex I, point 6

Annex I, point 5

Annex I, Appendix 1

Annex I, Appendix 1

Annex I, Appendix 2 (without Addendum)

Annex I, Appendix 2

—

Annex I, Appendix 3

—

Annex II

Annex I, point 2

Annex III

—

Annex IV

—

Annex V

—

Annex VI

—

Annex VII

—

Annex VIII

Annex IX

Annex II, points 1, 2, 3 and 4

Annex X, points 1, 2, 3 and 4

—

Annex X, points 5 and 6

Annex II, points 5 and 6

Annex X, points 7 and 8

Annex II, Appendix 1

Annex X, Appendix 1 (+ additional info)

Annex II, Appendix 2 (without Addendum)

Annex X, Appendix 2

Annex II, Appendix 3

Annex X, Appendix 3

—

Annex X, Appendixes 4 and 5

Annex XI

—

Annex XII

Annex III, point 1

—

Annex III, point 2

—

---

| 22.1.2016 | EN | Official Journal of the European Union | C 24/265 |
| --- | --- | --- | --- |

22.1.2016

EN

Official Journal of the European Union

C 24/265

---

P7_TA(2013)0042

European Refugee Fund, the European Return Fund and the European Fund for the Integration of Third-Country Nationals ***I

European Parliament legislative resolution of 6 February 2013 on the proposal for a decision of the European Parliament and of the Council amending Decision No 573/2007/EC, Decision No 575/2007/EC and Council Decision 2007/435/EC with a view to increasing the co-financing rate of the European Refugee Fund, the European Return Fund and the European Fund for the Integration of third-country nationals as regards certain provisions relating to financial management for certain Member States experiencing or threatened with serious difficulties with respect to their financial stability (COM(2012)0526 — C7-0302/2012 — 2012/0252(COD))

(Ordinary legislative procedure: first reading)

(2016/C 024/24)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2012)0526), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2012)0526),

| — | having regard to Article 294(2), Article 78(2) and Article 79(2) and (4) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0302/2012), |
| --- | --- |

—

having regard to Article 294(2), Article 78(2) and Article 79(2) and (4) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0302/2012),

| — | 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 undertaking given by the Council representative by letter of 19 December 2012 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to the undertaking given by the Council representative by letter of 19 December 2012 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

| — | having regard to Rule 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 Civil Liberties, Justice and Home Affairs (A7-0004/2013), |
| --- | --- |

—

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A7-0004/2013),

| 1. | Adopts its position at first reading, taking over the Commission proposal; |
| --- | --- |

1.

Adopts its position at first reading, taking over the Commission proposal;

| 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.

---

P7_TC1-COD(2012)0252

Position of the European Parliament adopted at first reading on 6 February 2013 with a view to the adoption of Decision No .../2013/EU of the European Parliament and of the Council amending Decisions No 573/2007/EC and No 575/2007/EC of the European Parliament and of the Coucil and Council Decision 2007/435/EC with a view to increasing the co-financing rate of the European Refugee Fund, the European Return Fund and the European Fund for the Integration of third-country nationals as regards certain provisions relating to financial management for certain Member States experiencing or threatened with serious difficulties with respect to their financial stability

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Decision No 258/2013/EU.)

---

| 22.1.2016 | EN | Official Journal of the European Union | C 24/266 |
| --- | --- | --- | --- |

22.1.2016

EN

Official Journal of the European Union

C 24/266

---

P7_TA(2013)0043

External Borders Fund ***I

European Parliament legislative resolution of 6 February 2013 on the proposal for a decision of the European Parliament and of the Council amending Decision No 574/2007/EC with a view to increasing the co-financing rate of the External Borders Fund for certain Member States experiencing or threatened with serious difficulties with respect to their financial stability (COM(2012)0527 — C7-0301/2012 — 2012/0253(COD))

(Ordinary legislative procedure: first reading)

(2016/C 024/25)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2012)0527), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2012)0527),

| — | having regard to Article 294(2) and Article 77(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0301/2012), |
| --- | --- |

—

having regard to Article 294(2) and Article 77(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0301/2012),

| — | 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 undertaking given by the Council representative by letter of 19 December 2012 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to the undertaking given by the Council representative by letter of 19 December 2012 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

| — | having regard to Rule 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 Civil Liberties, Justice and Home Affairs (A7-0433/2012), |
| --- | --- |

—

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A7-0433/2012),

| 1. | Adopts its position at first reading, taking over the Commission proposal; |
| --- | --- |

1.

Adopts its position at first reading, taking over the Commission proposal;

| 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.

---

P7_TC1-COD(2012)0253

Position of the European Parliament adopted at first reading on 6 February 2013 with a view to the adoption of Decision No .../2013/EU of the European Parliament and of the Council amending Decision No 574/2007/EC with a view to increasing the co-financing rate of the External Borders Fund for certain Member States experiencing or threatened with serious difficulties with respect to their financial stability

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Decision No 259/2013/EU.)

---

| 22.1.2016 | EN | Official Journal of the European Union | C 24/267 |
| --- | --- | --- | --- |

22.1.2016

EN

Official Journal of the European Union

C 24/267

---

P7_TA(2013)0044

Conservation of fishery resources through technical measures for the protection of juveniles of marine organisms ***I

European Parliament legislative resolution of 6 February 2013 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 850/98 concerning the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms and repealing Council Regulation (EC) No 1288/2009 (COM(2012)0298 — C7-0156/2012 — 2012/0158(COD))

(Ordinary legislative procedure: first reading)

(2016/C 024/26)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2012)0298), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2012)0298),

| — | having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0156/2012), |
| --- | --- |

—

having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0156/2012),

| — | 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 18 September 2012 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 18 September 2012 (1),

| — | having regard to the undertaking given by the Council representative by letter of 7 November 2012 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to the undertaking given by the Council representative by letter of 7 November 2012 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

| — | having regard to Rule 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 Fisheries (A7-0342/2012), |
| --- | --- |

—

having regard to the report of the Committee on Fisheries (A7-0342/2012),

| 1. | Adopts its position at first reading hereinafter set out (2); |
| --- | --- |

1.

Adopts its position at first reading hereinafter set out (2);

| 2. | Approves the statement by Parliament annexed to this resolution; |
| --- | --- |

2.

Approves the statement by Parliament annexed to this resolution;

| 3. | 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.

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;

| 4. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

4.

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

---

(1)  OJ C 351, 15.11.2012, p. 83.

(2)  This position replaces the amendments adopted on 22 November 2012 (Texts adopted, P7_TA(2012)0448).

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P7_TC1-COD(2012)0158

Position of the European Parliament adopted at first reading on 6 February 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council amending Council Regulation (EC) No 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms and Council Regulation (EC) No 1434/98 specifying conditions under which herring may be landed for industrial purposes other than direct human consumption

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 227/2013.)

---

ANNEX TO THE LEGISLATIVE RESOLUTION

Statement by the European Parliament on implementing acts

The European Parliament declares that the provisions of this Regulation regarding implementing acts are the result of a delicate compromise. In order to achieve a first reading agreement before the expiry of Regulation (EC) No 850/98 by the end of 2012, the European Parliament has accepted the possibility of using implementing acts in certain specific cases in Regulation (EC) No 850/98. The European Parliament stresses, however, that those provisions are not to be taken or used as a precedent in any regulation adopted in accordance with the ordinary legislative procedure, in particular the Commission proposal for a regulation amending Council Regulation (EC) No 850/98 concerning the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms.

---

Thursday 7 February 2013

| 22.1.2016 | EN | Official Journal of the European Union | C 24/269 |
| --- | --- | --- | --- |

22.1.2016

EN

Official Journal of the European Union

C 24/269

---

P7_TA(2013)0051

Common system of value added tax and a quick reaction mechanism against VAT fraud *

European Parliament legislative resolution of 7 February 2013 on the proposal for a Council directive amending Directive 2006/112/EC on the common system of value added tax as regards a quick reaction mechanism against VAT fraud (COM(2012)0428 — C7-0260/2012 — 2012/0205(CNS))

(Special legislative procedure — consultation)

(2016/C 024/27)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2012)0428), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2012)0428),

| — | having regard to Article 113 of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0260/2012), |
| --- | --- |

—

having regard to Article 113 of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0260/2012),

| — | 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 Economic and Monetary Affairs (A7-0014/2013), |
| --- | --- |

—

having regard to the report of the Committee on Economic and Monetary Affairs (A7-0014/2013),

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

| 2. | Calls on the Commission to alter its proposal accordingly, in accordance with Article 293(2) of the Treaty on the Functioning of the European Union; |
| --- | --- |

2.

Calls on the Commission to alter its proposal accordingly, in accordance with Article 293(2) of the Treaty on the Functioning of the European Union;

| 3. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

3.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

| 4. | Asks the Council to consult Parliament again if it intends to substantially amend the Commission proposal; |
| --- | --- |

4.

Asks the Council to consult Parliament again if it intends to substantially amend the Commission proposal;

| 5. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

5.

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

Amendment 1

Proposal for a directive

Recital - 1 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (-1) | The enhanced fight against tax fraud and evasion is key to restoring and maintaining the stability and strength of public finances across the Union. |

Text proposed by the Commission

Amendment

(-1)

The enhanced fight against tax fraud and evasion is key to restoring and maintaining the stability and strength of public finances across the Union.

Amendment 2

Proposal for a directive

Recital 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| (1) | Tax fraud in the field of value added tax (VAT)
  leads to
  considerable
  budget
  losses and affects the conditions of competition and thus the operation of the internal market. Specific sudden and massive forms of tax fraud have recently developed especially via the use of electronic means which facilitate rapid illegitimate trade on a large scale. |

Text proposed by the Commission

Amendment

(1)

Tax fraud in the field of value added tax (VAT)
  leads to
  considerable
  budget
  losses and affects the conditions of competition and thus the operation of the internal market. Specific sudden and massive forms of tax fraud have recently developed especially via the use of electronic means which facilitate rapid illegitimate trade on a large scale.

| (1) | Tax fraud in the field of value added tax (VAT)
  results in
  considerable losses
  to public finances
  and
  negatively
  affects the conditions of competition and thus the
  fair and efficient
  operation of the internal market.
  Such losses should be curbed, in particular during times of fiscal austerity
  . Specific sudden and massive forms of tax fraud have recently developed especially via the use of electronic means which facilitate rapid illegitimate trade on a large scale
  that often extends beyond the borders of a particular Member State
  . |
| --- | --- |

(1)

Tax fraud in the field of value added tax (VAT)
  results in
  considerable losses
  to public finances
  and
  negatively
  affects the conditions of competition and thus the
  fair and efficient
  operation of the internal market.
  Such losses should be curbed, in particular during times of fiscal austerity
  . Specific sudden and massive forms of tax fraud have recently developed especially via the use of electronic means which facilitate rapid illegitimate trade on a large scale
  that often extends beyond the borders of a particular Member State
  .

Amendment 3

Proposal for a directive

Recital 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| (2) | Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax allows Member States to apply for a derogation from that Directive in order to prevent certain forms of tax evasion or avoidance. Authorisation of such derogation requires a proposal from the Commission and its adoption by the Council. Recent experience has demonstrated that the process for granting derogations is not always flexible enough to ensure a prompt and suitable reaction to requests by Member States. |

Text proposed by the Commission

Amendment

(2)

Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax allows Member States to apply for a derogation from that Directive in order to prevent certain forms of tax evasion or avoidance. Authorisation of such derogation requires a proposal from the Commission and its adoption by the Council. Recent experience has demonstrated that the process for granting derogations is not always flexible enough to ensure a prompt and suitable reaction to requests by Member States.

| (2) | Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax allows Member States to apply for a derogation from that Directive in order to prevent certain forms of tax evasion or avoidance. Authorisation of such derogation requires a proposal from the Commission and its adoption by the Council. Recent experience has demonstrated that the process for granting derogations is not always
  quick or
  flexible enough to ensure a prompt and suitable reaction to requests by Member States. |
| --- | --- |

(2)

Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax allows Member States to apply for a derogation from that Directive in order to prevent certain forms of tax evasion or avoidance. Authorisation of such derogation requires a proposal from the Commission and its adoption by the Council. Recent experience has demonstrated that the process for granting derogations is not always
  quick or
  flexible enough to ensure a prompt and suitable reaction to requests by Member States.

Amendment 4

Proposal for a directive

Recital 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| (7) | The designation of the recipient as person liable for the payment of the VAT (
  reverse charge
  ) is an effective measure to stop at once the most well-known types of tax evasion in certain sectors. However,
  as
  the situation may evolve over time, it may also be necessary to allow for other measures. To that end, the
  Council
  should, where appropriate,
  upon proposal of the Commission, determine
  any other measure as falling within the scope of the Quick Reaction Mechanism. The type of measures that could be authorised should be established in order to minimise the time necessary for the authorisation of the derogations by the Commission. |

Text proposed by the Commission

Amendment

(7)

The designation of the recipient as person liable for the payment of the VAT (
  reverse charge
  ) is an effective measure to stop at once the most well-known types of tax evasion in certain sectors. However,
  as
  the situation may evolve over time, it may also be necessary to allow for other measures. To that end, the
  Council
  should, where appropriate,
  upon proposal of the Commission, determine
  any other measure as falling within the scope of the Quick Reaction Mechanism. The type of measures that could be authorised should be established in order to minimise the time necessary for the authorisation of the derogations by the Commission.

| (7) | The designation of the recipient as person liable for the payment of the VAT (
  ‘reverse-charge mechanism’
  ) is an effective measure to stop at once the most well-known types of tax evasion in certain sectors
  (‘caroussel fraud’)
  . However,
  given the existing weaknesses of the VAT system, and depending on how
  the situation may evolve over time, it may also be necessary to allow for other measures. To that end, the
  Commission
  should, where appropriate,
  propose
  any other measure as falling within the scope of the quick reaction mechanism.
  That measure should be approved unanimously by the Council after consulting the European Parliament.
  The type of measures that could be authorised should be
  thoroughly and transparently
  established in order to minimise the time necessary for the authorisation of the derogations by the Commission. |
| --- | --- |

(7)

The designation of the recipient as person liable for the payment of the VAT (
  ‘reverse-charge mechanism’
  ) is an effective measure to stop at once the most well-known types of tax evasion in certain sectors
  (‘caroussel fraud’)
  . However,
  given the existing weaknesses of the VAT system, and depending on how
  the situation may evolve over time, it may also be necessary to allow for other measures. To that end, the
  Commission
  should, where appropriate,
  propose
  any other measure as falling within the scope of the quick reaction mechanism.
  That measure should be approved unanimously by the Council after consulting the European Parliament.
  The type of measures that could be authorised should be
  thoroughly and transparently
  established in order to minimise the time necessary for the authorisation of the derogations by the Commission.

Amendment 5

Proposal for a directive

Recital 9 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (9a) | In order to develop and improve the quick reaction mechanism on an ongoing basis, the Commission should report regularly to the European Parliament and to the Council on its application, examining, inter alia, other measures to be added to the scope of the mechanism and new ways to strengthen cooperation between Member States in the general framework of the mechanism. |

Text proposed by the Commission

Amendment

(9a)

In order to develop and improve the quick reaction mechanism on an ongoing basis, the Commission should report regularly to the European Parliament and to the Council on its application, examining, inter alia, other measures to be added to the scope of the mechanism and new ways to strengthen cooperation between Member States in the general framework of the mechanism.

Amendment 6

Proposal for a directive

Recital 9 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (9b) | In order for the quick reaction mechanism to function in a satisfactory manner, the Commission should, at all times, be capable of acting swiftly and accurately on these matters. The human and other resources of the quick reaction mechanism should therefore be adequate and an accelerated internal decision-making procedure should be established and maintained. |

Text proposed by the Commission

Amendment

(9b)

In order for the quick reaction mechanism to function in a satisfactory manner, the Commission should, at all times, be capable of acting swiftly and accurately on these matters. The human and other resources of the quick reaction mechanism should therefore be adequate and an accelerated internal decision-making procedure should be established and maintained.

Amendment 7

Proposal for a directive

Recital 9 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (9c) | Since the application of a special measure in one Member State could have repercussions on the VAT systems of the other Member States, the Commission should, in order to maintain transparency, inform all Member States about all requests made and all decisions taken pursuant thereto. |

Text proposed by the Commission

Amendment

(9c)

Since the application of a special measure in one Member State could have repercussions on the VAT systems of the other Member States, the Commission should, in order to maintain transparency, inform all Member States about all requests made and all decisions taken pursuant thereto.

Amendment 8

Proposal for a directive

Recital 9 d (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (9d) | In its work on enhancing and fine-tuning the quick reaction mechanism, the Commission should consult extensively with undertakings in fraud-prone sectors and with other relevant stakeholders. |

Text proposed by the Commission

Amendment

(9d)

In its work on enhancing and fine-tuning the quick reaction mechanism, the Commission should consult extensively with undertakings in fraud-prone sectors and with other relevant stakeholders.

Amendment 9

Proposal for a directive

Recital 10

| Text proposed by the Commission | Amendment |
| --- | --- |
| (10) | Since the objective of the action to be taken, to address sudden and massive fraud phenomena in the field of VAT which very often have an international dimension, cannot be sufficiently achieved by the Member States, as they are not in a position to individually counter the fraud circuits related to new forms of trade which involve several countries at the same time, and can therefore, by reason of ensuring a quicker and, as a result, a more adequate and effective response to these phenomena, be better achieved at Union level, the Union
  may
  adopt measures, in accordance with the principle of subsidiarity, as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives. |

Text proposed by the Commission

Amendment

(10)

Since the objective of the action to be taken, to address sudden and massive fraud phenomena in the field of VAT which very often have an international dimension, cannot be sufficiently achieved by the Member States, as they are not in a position to individually counter the fraud circuits related to new forms of trade which involve several countries at the same time, and can therefore, by reason of ensuring a quicker and, as a result, a more adequate and effective response to these phenomena, be better achieved at Union level, the Union
  may
  adopt measures, in accordance with the principle of subsidiarity, as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

| (10) | Since the objective of the action to be taken, to address sudden and massive fraud phenomena in the field of VAT which very often have an international dimension, cannot be sufficiently achieved by the Member States, as they are not in a position to individually counter the fraud circuits related to new forms of trade which involve several countries at the same time, and can therefore, by reason of ensuring a quicker and, as a result, a more adequate and effective response to these phenomena, be better achieved at Union level, the Union
  should
  adopt measures, in accordance with the principle of subsidiarity, as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives. |
| --- | --- |

(10)

Since the objective of the action to be taken, to address sudden and massive fraud phenomena in the field of VAT which very often have an international dimension, cannot be sufficiently achieved by the Member States, as they are not in a position to individually counter the fraud circuits related to new forms of trade which involve several countries at the same time, and can therefore, by reason of ensuring a quicker and, as a result, a more adequate and effective response to these phenomena, be better achieved at Union level, the Union
  should
  adopt measures, in accordance with the principle of subsidiarity, as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

Amendment 10

Proposal for a directive

Article 1

Directive 2006/112/EC

Section 1a — Article 395a — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | the designation of the recipient as person liable to pay VAT on specific supplies of goods and services by derogation from Article 193, following a request referred to in paragraph 2 of this Article for such measure; |

Text proposed by the Commission

Amendment

(a)

the designation of the recipient as person liable to pay VAT on specific supplies of goods and services by derogation from Article 193, following a request referred to in paragraph 2 of this Article for such measure;

| (a) | the designation of the recipient as person liable to pay VAT on specific supplies of goods and services by derogation from Article 193
  (‘reverse-charge mechanism’)
  , following a request referred to in paragraph 2 of this Article for such measure; |
| --- | --- |

(a)

the designation of the recipient as person liable to pay VAT on specific supplies of goods and services by derogation from Article 193
  (‘reverse-charge mechanism’)
  , following a request referred to in paragraph 2 of this Article for such measure;

Amendment 11

Proposal for a directive

Article 1

Directive 2006/112/EC

Section 1a — Article 395a — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | any other measure
  determined by the Council acting unanimously on a proposal from
  the Commission. |

Text proposed by the Commission

Amendment

(b)

any other measure
  determined by the Council acting unanimously on a proposal from
  the Commission.

| (b) | any other measure
  proposed by
  the Commission
  , and approved unanimously by the Council after consulting the European Parliament
  . |
| --- | --- |

(b)

any other measure
  proposed by
  the Commission
  , and approved unanimously by the Council after consulting the European Parliament
  .

Amendment 12

Proposal for a directive

Article 1

Directive 2006/112/EC

Section 1a — Article 395a — paragraph 1 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| For the purposes of
  point
  (a)
  , the
  special measure shall be subject to appropriate control measures by the Member States with respect to taxable persons who supply the goods or services to which that measure applies. | For the purposes of
  points
  (a)
  and (b), any
  special measure
  used
  shall be subject to appropriate control measures by the Member States with respect to taxable persons who supply the goods or services to which that measure applies. |

Text proposed by the Commission

Amendment

For the purposes of
  point
  (a)
  , the
  special measure shall be subject to appropriate control measures by the Member States with respect to taxable persons who supply the goods or services to which that measure applies.

For the purposes of
  points
  (a)
  and (b), any
  special measure
  used
  shall be subject to appropriate control measures by the Member States with respect to taxable persons who supply the goods or services to which that measure applies.

Amendment 13

Proposal for a directive

Article 1

Directive 2006/112/EC

Section 1a — Article 395a — paragraph 1 — subparagraph 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | The procedure laid down in this paragraph shall be completed within three months. |

Text proposed by the Commission

Amendment

The procedure laid down in this paragraph shall be completed within three months.

Amendment 14

Proposal for a directive

Article 1

Directive 2006/112/EC

Section 1a — Article 395a — paragraph 2 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   A Member State wishing to introduce a measure as provided for in paragraph 1 shall send an application to the Commission. The Member State shall provide
  it
  with the information indicating the sector concerned, the type and the features of the fraud, its sudden and massive character and its consequences in terms of considerable and irreparable financial losses. If the Commission considers it does not have all the necessary information, it shall contact the Member State concerned within
  one month
  of receipt of the application and specify what additional information is required. | 2.   A Member State wishing to introduce a measure as provided for in paragraph 1 shall send an application to the Commission. The Member State shall provide
  the Commission, the competent committees of the European Parliament and the Court of Auditors
  with the information indicating the sector concerned, the type and the features of the fraud, its sudden and massive character and its consequences in terms of considerable and irreparable financial losses. If the Commission considers it does not have all the necessary information, it shall contact the Member State concerned within
  two weeks
  of receipt of the application and specify what additional information is required.
  The Commission shall also consult the relevant business sector, where appropriate and where possible. |

Text proposed by the Commission

Amendment

2.   A Member State wishing to introduce a measure as provided for in paragraph 1 shall send an application to the Commission. The Member State shall provide
  it
  with the information indicating the sector concerned, the type and the features of the fraud, its sudden and massive character and its consequences in terms of considerable and irreparable financial losses. If the Commission considers it does not have all the necessary information, it shall contact the Member State concerned within
  one month
  of receipt of the application and specify what additional information is required.

2.   A Member State wishing to introduce a measure as provided for in paragraph 1 shall send an application to the Commission. The Member State shall provide
  the Commission, the competent committees of the European Parliament and the Court of Auditors
  with the information indicating the sector concerned, the type and the features of the fraud, its sudden and massive character and its consequences in terms of considerable and irreparable financial losses. If the Commission considers it does not have all the necessary information, it shall contact the Member State concerned within
  two weeks
  of receipt of the application and specify what additional information is required.
  The Commission shall also consult the relevant business sector, where appropriate and where possible.

Amendment 15

Proposal for a directive

Article 1

Directive 2006/112/EC

Section 1a — Article 395a — paragraph 2 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| Once the Commission has all the information it considers necessary for appraisal of the request it shall, within one month, either authorise the special measure or, in case the Commission objects to the requested measure, inform the Member State concerned thereof. | Once the Commission has all the information it considers necessary for appraisal of the request it shall: |
| | (a) | notify the requesting Member State accordingly; |

Text proposed by the Commission

Amendment

Once the Commission has all the information it considers necessary for appraisal of the request it shall, within one month, either authorise the special measure or, in case the Commission objects to the requested measure, inform the Member State concerned thereof.

Once the Commission has all the information it considers necessary for appraisal of the request it shall:

(a)

notify the requesting Member State accordingly;

| (b) | transmit the request, in its original language, to the other Member States; |
| --- | --- |

(b)

transmit the request, in its original language, to the other Member States;

| (c) | within one month, either authorise the special measure or, if the Commission objects to it, inform the Member State concerned
  , the other Member States, the competent committees of the European Parliament, and the Court of Auditors
  thereof
  , together with a detailed justification.
  . |
| --- | --- |

(c)

within one month, either authorise the special measure or, if the Commission objects to it, inform the Member State concerned
  , the other Member States, the competent committees of the European Parliament, and the Court of Auditors
  thereof
  , together with a detailed justification.
  .

Amendment 16

Proposal for a directive

Article 1

Directive 2006/112/EC

Section 1a — Article 395c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 395c |
| | Every three years, and for the first time by 1 July 2014, the Commission shall submit to the European Parliament and to the Council a report on the application of the quick reaction mechanism established under this Section. The report shall, inter alia, examine further special measures to be added to the scope of the mechanism and new ways to strengthen cooperation between Member States in the general framework of the mechanism. |

Text proposed by the Commission

Amendment

Article 395c

Every three years, and for the first time by 1 July 2014, the Commission shall submit to the European Parliament and to the Council a report on the application of the quick reaction mechanism established under this Section. The report shall, inter alia, examine further special measures to be added to the scope of the mechanism and new ways to strengthen cooperation between Member States in the general framework of the mechanism.

Amendment 17

Proposal for a directive

Article 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 1a |
| | By 1 January 2014, the Commission shall present a report on how the regular derogation procedure set out in Article 395 of Directive 2006/112/EC could be accelerated. The aim of the report shall be to identify changes to existing structures and routines that would ensure that the Commission always completes the procedure within five months of receipt of an application from a Member State. The report shall, if appropriate, be accompanied by legislative proposals. |

Text proposed by the Commission

Amendment

Article 1a

By 1 January 2014, the Commission shall present a report on how the regular derogation procedure set out in Article 395 of Directive 2006/112/EC could be accelerated. The aim of the report shall be to identify changes to existing structures and routines that would ensure that the Commission always completes the procedure within five months of receipt of an application from a Member State. The report shall, if appropriate, be accompanied by legislative proposals.

Amendment 18

Proposal for a directive

Article 2 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive. | 2.   Member States shall communicate
  to the European Parliament and
  to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive. |

Text proposed by the Commission

Amendment

2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

2.   Member States shall communicate
  to the European Parliament and
  to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Amendment 19

Proposal for a directive

Article 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. | 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 be consolidated with Directive 2006/112/EC by ...

   (*). |

Text proposed by the Commission

Amendment

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

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 be consolidated with Directive 2006/112/EC by ...

   (*).

---

(*)  
  Three months after the date of entry into force of this Directive.

---