# Official Journal C 247E/2012

| | ISSN 1977-091X
  doi:10.3000/1977091X.CE2012.247.eng |
| --- | --- |
| Official Journal
  of the European Union | C 247E |
| | |
| English edition | Information and Notices | Volume 5517 August 2012 |

ISSN 1977-091X

doi:10.3000/1977091X.CE2012.247.eng

Official Journal

of the European Union

C 247E

English edition

Information and Notices

Volume 5517 August 2012

---

| Notice No | Contents | page |
| --- | --- | --- |
| | I   Resolutions, recommendations and opinions |
| | RESOLUTIONS |
| | European Parliament2011-2012 SESSIONSittings of 23 and 24 March 2011The Minutes of this session have been published in OJ C 169 E, 9.6.2011.TEXTS ADOPTED |
| | Thursday 24 March 2011 |
| 2012/C 247E/01 | EU relations with the Gulf Cooperation CouncilEuropean Parliament resolution of 24 March 2011 on European Union relations with the Gulf Cooperation Council (2010/2233(INI)) | 1 |
| 2012/C 247E/02 | Appointment of the executive director of the European Banking Authority (EBA)European Parliament resolution of 24 March 2011 on the appointment of the Executive Director of the European Supervisory Authority (European Banking Authority) | 11 |
| 2012/C 247E/03 | Appointment of the executive director of the European Insurance and Occupational Pensions Authority (EIOPA)European Parliament resolution of 24 March 2011 on the appointment of the Executive Director of the European Supervisory Authority (European Insurance and Occupational Pensions Authority) | 12 |
| 2012/C 247E/04 | Appointment of the executive director of the European Securities and Markets Authority (ESMA)European Parliament resolution of 24 March 2011 on the appointment of the Executive Director of the European Supervisory Authority (European Securities and Markets Authority) | 13 |
| 2012/C 247E/05 | Preparation of 2012 budgetEuropean Parliament resolution of 24 March 2011 on general guidelines for the preparation of the 2012 budget (2011/2042(BUD)) | 13 |
| ANNEX | 19 |
| 2012/C 247E/06 | Situation in Japan, including the nuclear power plant alertsEuropean Parliament resolution of 24 March 2011 on the situation in Japan, particularly the state of alert at the nuclear power stations | 20 |

Notice No

Contents

page

I   Resolutions, recommendations and opinions

RESOLUTIONS

European Parliament2011-2012 SESSIONSittings of 23 and 24 March 2011The Minutes of this session have been published in OJ C 169 E, 9.6.2011.TEXTS ADOPTED

Thursday 24 March 2011

2012/C 247E/01

EU relations with the Gulf Cooperation CouncilEuropean Parliament resolution of 24 March 2011 on European Union relations with the Gulf Cooperation Council (2010/2233(INI))

1

2012/C 247E/02

Appointment of the executive director of the European Banking Authority (EBA)European Parliament resolution of 24 March 2011 on the appointment of the Executive Director of the European Supervisory Authority (European Banking Authority)

11

2012/C 247E/03

Appointment of the executive director of the European Insurance and Occupational Pensions Authority (EIOPA)European Parliament resolution of 24 March 2011 on the appointment of the Executive Director of the European Supervisory Authority (European Insurance and Occupational Pensions Authority)

12

2012/C 247E/04

Appointment of the executive director of the European Securities and Markets Authority (ESMA)European Parliament resolution of 24 March 2011 on the appointment of the Executive Director of the European Supervisory Authority (European Securities and Markets Authority)

13

2012/C 247E/05

Preparation of 2012 budgetEuropean Parliament resolution of 24 March 2011 on general guidelines for the preparation of the 2012 budget (2011/2042(BUD))

13

ANNEX

19

2012/C 247E/06

Situation in Japan, including the nuclear power plant alertsEuropean Parliament resolution of 24 March 2011 on the situation in Japan, particularly the state of alert at the nuclear power stations

20

| | II   Information |
| --- | --- |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Parliament |
| | Thursday 24 March 2011 |
| 2012/C 247E/07 | Exercise of Parliament's rights vis-à-vis the Court of Justice (interpretation of Rule 128 of the Rules of Procedure)European Parliament decision of 24 March 2011 concerning the exercise of Parliament's rights vis-à-vis the Court of Justice (interpretation of Rule 128 of the Rules of Procedure) | 21 |

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Parliament

Thursday 24 March 2011

2012/C 247E/07

Exercise of Parliament's rights vis-à-vis the Court of Justice (interpretation of Rule 128 of the Rules of Procedure)European Parliament decision of 24 March 2011 concerning the exercise of Parliament's rights vis-à-vis the Court of Justice (interpretation of Rule 128 of the Rules of Procedure)

21

| | III   Preparatory acts |
| --- | --- |
| | EUROPEAN PARLIAMENT |
| | Wednesday 23 March 2011 |
| 2012/C 247E/08 | Amendment of the Treaty on the Functioning of the European Union with regard to a stability mechanism for Member States whose currency is the euro *European Parliament resolution of 23 March 2011 on the draft European Council decision amending Article 136 of the Treaty on the Functioning of the European Union with regard to a stability mechanism for Member States whose currency is the euro (00033/2010 – C7-0014/2011 – 2010/0821(NLE)) | 22 |
| ANNEX I TO THE RESOLUTION | 26 |
| ANNEX II TO THE RESOLUTION | 27 |
| ANNEX III TO THE RESOLUTION | 29 |
| | Thursday 24 March 2011 |
| 2012/C 247E/09 | Amendment of Council Regulation (EC) No 55/2008 introducing autonomous trade preferences for the Republic of Moldova ***IEuropean Parliament legislative resolution of 24 March 2011 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 55/2008 introducing autonomous trade preferences for the Republic of Moldova (COM(2010)0649 – C7-0364/2010 – 2010/0318(COD)) | 37 |
| P7_TC1-COD(2010)0318Position of the European Parliament adopted at first reading on 24 March 2011 with a view to the adoption of Regulation (EU) No .../2011 of the European Parliament and of the Council amending Council Regulation (EC) No 55/2008 introducing autonomous trade preferences for the Republic of Moldova | 37 |
| 2012/C 247E/10 | Generalised tariff preferences ***IEuropean Parliament legislative resolution of 24 March 2011 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 732/2008 applying a scheme of generalised tariff preferences for the period from 1 January 2009 to 31 December 2011 (COM(2010)0142 – C7-0135/2010 – 2010/0140(COD)) | 38 |
| P7_TC1-COD(2010)0140Position of the European Parliament adopted at first reading on 24 March 2011 with a view to the adoption of Regulation (EU) No .../2011 of the European Parliament and of the Council amending Council Regulation (EC) No 732/2008 applying a scheme of generalised tariff preferences for the period from 1 January 2009 to 31 December 2011 | 38 |
| 2012/C 247E/11 | EC-US air transport agreement ***European Parliament legislative resolution of 24 March 2011 on the draft decision of the Council and the Representatives of the Governments of the Member States of the European Union, meeting within the Council on the conclusion of the Protocol to Amend the Air Transport Agreement between the United States of America, of the one part, and the European Community and its Member States, of the other part (15381/2010 – C7-0385/2010 – 2010/0112(NLE)) | 39 |
| 2012/C 247E/12 | EC-Canada air transport agreement ***European Parliament legislative resolution of 24 March 2011 on the draft decision of the Council and of the Representatives of the Governments of the Member States of the European Union, meeting within the Council on the conclusion of the Agreement on Air Transport between the European Community and its Member States, of the one part, and Canada, of the other part (15380/2010 – C7-0386/2010 – 2009/0018(NLE)) | 40 |
| 2012/C 247E/13 | EU-Vietnam air services agreement ***European Parliament legislative resolution of 24 March 2011 on the draft Council decision on the conclusion of the Agreement between the European Union and the Government of the Socialist Republic of Viet Nam on certain aspects of air services (14876/2010 – C7-0366/2010 – 2007/0082(NLE)) | 40 |
| 2012/C 247E/14 | Appointment of a member of the Executive Board of the European Central Bank: Peter Praet (BE)European Parliament decision of 24 March 2011 on the Council recommendation for appointment of an Executive Board Member of the European Central Bank (00003/2011 – C7-0058/2011 – 2011/0802(NLE)) | 41 |
| 2012/C 247E/15 | Single application procedure for residence and work ***IEuropean Parliament legislative resolution of 24 March 2011 on the proposal for a directive of the European Parliament and of the Council on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State (COM(2007)0638 – C6-0470/2007 – 2007/0229(COD)) | 42 |
| P7_TC1-COD(2007)0229Position of the European Parliament adopted at first reading on 24 March 2011 with a view to the adoption of Directive 2011/.../EU of the European Parliament and of the Council on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State[Am. 122 unless otherwise indicated] | 43 |
| 2012/C 247E/16 | Consumer rights ***IEuropean Parliament amendments adopted on 24 March 2011 to the proposal for a directive of the European Parliament and of the Council on consumer rights (COM(2008)0614 – C6-0349/2008 – 2008/0196(COD)) | 55 |
| 2012/C 247E/17 | European Network and Information Security Agency ***IEuropean Parliament legislative resolution of 24 March 2011 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 460/2004 establishing the European Network and Information Security Agency as regards its duration (COM(2010)0520 – C7-0297/2010 – 2010/0274(COD)) | 113 |
| P7_TC1-COD(2010)0274Position of the European Parliament adopted at first reading on 24 March 2011 with a view to the adoption of Regulation (EU) No .../2011 of the European Parliament and of the Council amending Regulation (EC) No 460/2004 establishing the European Network and Information Security Agency as regards its duration | 113 |

III   Preparatory acts

EUROPEAN PARLIAMENT

Wednesday 23 March 2011

2012/C 247E/08

Amendment of the Treaty on the Functioning of the European Union with regard to a stability mechanism for Member States whose currency is the euro *European Parliament resolution of 23 March 2011 on the draft European Council decision amending Article 136 of the Treaty on the Functioning of the European Union with regard to a stability mechanism for Member States whose currency is the euro (00033/2010 – C7-0014/2011 – 2010/0821(NLE))

22

ANNEX I TO THE RESOLUTION

26

ANNEX II TO THE RESOLUTION

27

ANNEX III TO THE RESOLUTION

29

Thursday 24 March 2011

2012/C 247E/09

Amendment of Council Regulation (EC) No 55/2008 introducing autonomous trade preferences for the Republic of Moldova ***IEuropean Parliament legislative resolution of 24 March 2011 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 55/2008 introducing autonomous trade preferences for the Republic of Moldova (COM(2010)0649 – C7-0364/2010 – 2010/0318(COD))

37

P7_TC1-COD(2010)0318Position of the European Parliament adopted at first reading on 24 March 2011 with a view to the adoption of Regulation (EU) No .../2011 of the European Parliament and of the Council amending Council Regulation (EC) No 55/2008 introducing autonomous trade preferences for the Republic of Moldova

37

2012/C 247E/10

Generalised tariff preferences ***IEuropean Parliament legislative resolution of 24 March 2011 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 732/2008 applying a scheme of generalised tariff preferences for the period from 1 January 2009 to 31 December 2011 (COM(2010)0142 – C7-0135/2010 – 2010/0140(COD))

38

P7_TC1-COD(2010)0140Position of the European Parliament adopted at first reading on 24 March 2011 with a view to the adoption of Regulation (EU) No .../2011 of the European Parliament and of the Council amending Council Regulation (EC) No 732/2008 applying a scheme of generalised tariff preferences for the period from 1 January 2009 to 31 December 2011

38

2012/C 247E/11

EC-US air transport agreement ***European Parliament legislative resolution of 24 March 2011 on the draft decision of the Council and the Representatives of the Governments of the Member States of the European Union, meeting within the Council on the conclusion of the Protocol to Amend the Air Transport Agreement between the United States of America, of the one part, and the European Community and its Member States, of the other part (15381/2010 – C7-0385/2010 – 2010/0112(NLE))

39

2012/C 247E/12

EC-Canada air transport agreement ***European Parliament legislative resolution of 24 March 2011 on the draft decision of the Council and of the Representatives of the Governments of the Member States of the European Union, meeting within the Council on the conclusion of the Agreement on Air Transport between the European Community and its Member States, of the one part, and Canada, of the other part (15380/2010 – C7-0386/2010 – 2009/0018(NLE))

40

2012/C 247E/13

EU-Vietnam air services agreement ***European Parliament legislative resolution of 24 March 2011 on the draft Council decision on the conclusion of the Agreement between the European Union and the Government of the Socialist Republic of Viet Nam on certain aspects of air services (14876/2010 – C7-0366/2010 – 2007/0082(NLE))

40

2012/C 247E/14

Appointment of a member of the Executive Board of the European Central Bank: Peter Praet (BE)European Parliament decision of 24 March 2011 on the Council recommendation for appointment of an Executive Board Member of the European Central Bank (00003/2011 – C7-0058/2011 – 2011/0802(NLE))

41

2012/C 247E/15

Single application procedure for residence and work ***IEuropean Parliament legislative resolution of 24 March 2011 on the proposal for a directive of the European Parliament and of the Council on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State (COM(2007)0638 – C6-0470/2007 – 2007/0229(COD))

42

P7_TC1-COD(2007)0229Position of the European Parliament adopted at first reading on 24 March 2011 with a view to the adoption of Directive 2011/.../EU of the European Parliament and of the Council on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State[Am. 122 unless otherwise indicated]

43

2012/C 247E/16

Consumer rights ***IEuropean Parliament amendments adopted on 24 March 2011 to the proposal for a directive of the European Parliament and of the Council on consumer rights (COM(2008)0614 – C6-0349/2008 – 2008/0196(COD))

55

2012/C 247E/17

European Network and Information Security Agency ***IEuropean Parliament legislative resolution of 24 March 2011 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 460/2004 establishing the European Network and Information Security Agency as regards its duration (COM(2010)0520 – C7-0297/2010 – 2010/0274(COD))

113

P7_TC1-COD(2010)0274Position of the European Parliament adopted at first reading on 24 March 2011 with a view to the adoption of Regulation (EU) No .../2011 of the European Parliament and of the Council amending Regulation (EC) No 460/2004 establishing the European Network and Information Security Agency as regards its duration

113

| Key to symbols used






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

Key to symbols used

*

Consultation procedure

**I

Cooperation procedure: first reading

**II

Cooperation procedure: second reading

***

Assent procedure

***I

Codecision procedure: first reading

***II

Codecision procedure: second reading

***III

Codecision procedure: third reading

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

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

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

| EN | |
| --- | --- |

EN

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I Resolutions, recommendations and opinions

RESOLUTIONS

European Parliament 2011-2012 SESSION Sittings of 23 and 24 March 2011 The Minutes of this session have been published in OJ C 169 E, 9.6.2011. TEXTS ADOPTED

Thursday 24 March 2011

| 17.8.2012 | EN | Official Journal of the European Union | CE 247/1 |
| --- | --- | --- | --- |

17.8.2012

EN

Official Journal of the European Union

CE 247/1

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Thursday 24 March 2011EU relations with the Gulf Cooperation Council

P7_TA(2011)0109

European Parliament resolution of 24 March 2011 on European Union relations with the Gulf Cooperation Council (2010/2233(INI))

2012/C 247 E/01

The European Parliament,

| — | having regard to the cooperation agreement of 25 February 1989 between the European Union and the Gulf Cooperation Council (GCC), |
| --- | --- |

—

having regard to the cooperation agreement of 25 February 1989 between the European Union and the Gulf Cooperation Council (GCC),

| — | having regard to its resolution of 24 April 2008 on the free trade agreement between the EC and the Gulf Cooperation Council (1), |
| --- | --- |

—

having regard to its resolution of 24 April 2008 on the free trade agreement between the EC and the Gulf Cooperation Council (1),

| — | having regard to its resolution of 13 July 1990 on the significance of the free trade agreement to be concluded between the EEC and the Gulf Cooperation Council (2), |
| --- | --- |

—

having regard to its resolution of 13 July 1990 on the significance of the free trade agreement to be concluded between the EEC and the Gulf Cooperation Council (2),

| — | having regard to the Report on Implementation of the European Security Strategy: Providing Security in a Changing World, approved by the Council in December 2008, |
| --- | --- |

—

having regard to the Report on Implementation of the European Security Strategy: Providing Security in a Changing World, approved by the Council in December 2008,

| — | having regard to the EU’s strategic partnership with the Mediterranean and the Middle East, approved by the Council in June 2004, |
| --- | --- |

—

having regard to the EU’s strategic partnership with the Mediterranean and the Middle East, approved by the Council in June 2004,

| — | having regard to the joint communiqué of the 20th EU-GCC Joint Council and Ministerial Meeting of 14 June 2010, held in Luxembourg, |
| --- | --- |

—

having regard to the joint communiqué of the 20th EU-GCC Joint Council and Ministerial Meeting of 14 June 2010, held in Luxembourg,

| — | having regard to its report of 10 May 2010 on the Union for the Mediterranean, |
| --- | --- |

—

having regard to its report of 10 May 2010 on the Union for the Mediterranean,

| — | having regard to the joint communiqué of the 19th EU-GCC Joint Council and Ministerial Meeting of 29 April 2009, held in Muscat, |
| --- | --- |

—

having regard to the joint communiqué of the 19th EU-GCC Joint Council and Ministerial Meeting of 29 April 2009, held in Muscat,

| — | having regard to the Joint Action Programme (2010-2013) for implementation of the EU-GCC Cooperation Agreement of 1989, |
| --- | --- |

—

having regard to the Joint Action Programme (2010-2013) for implementation of the EU-GCC Cooperation Agreement of 1989,

| — | having regard to the Commission communication to Parliament and the Council on strengthening cooperation with third countries in the field of higher education (COM(2001)0385), |
| --- | --- |

—

having regard to the Commission communication to Parliament and the Council on strengthening cooperation with third countries in the field of higher education (COM(2001)0385),

| — | having regard to its resolution of 10 May 2007 on reforms in the Arab world: what strategy should the European Union adopt? (3), |
| --- | --- |

—

having regard to its resolution of 10 May 2007 on reforms in the Arab world: what strategy should the European Union adopt? (3),

| — | having regard to the Economic Agreement between the GCC member states, adopted on 31 December 2001 in Muscat, Sultanate of Oman, and to the GCC’s Doha declaration on the launch of the customs union for the Cooperation Council of the Arab States of the Gulf, of 21 December 2002, |
| --- | --- |

—

having regard to the Economic Agreement between the GCC member states, adopted on 31 December 2001 in Muscat, Sultanate of Oman, and to the GCC’s Doha declaration on the launch of the customs union for the Cooperation Council of the Arab States of the Gulf, of 21 December 2002,

| — | having regard to Articles 207 and 218 of the Treaty on the Functioning of the European Union, pursuant to which the Council must request Parliament’s consent prior to the conclusion of any international agreement that covers fields to which the ordinary legislative procedure applies, |
| --- | --- |

—

having regard to Articles 207 and 218 of the Treaty on the Functioning of the European Union, pursuant to which the Council must request Parliament’s consent prior to the conclusion of any international agreement that covers fields to which the ordinary legislative procedure applies,

| — | having regard to its annual human rights reports, |
| --- | --- |

—

having regard to its annual human rights reports,

| — | having regard to the Declaration of the UN General Assembly on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognised Human Rights and Fundamental Freedoms of 1998 (also known as the ‘Declaration on Human Rights Defenders’), |
| --- | --- |

—

having regard to the Declaration of the UN General Assembly on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognised Human Rights and Fundamental Freedoms of 1998 (also known as the ‘Declaration on Human Rights Defenders’),

| — | having regard to the declarations by the High Representative of 10, 15 and 17 March 2011 and the Council conclusions of 21 March 2011 on Bahrain and underlining in this context its full support for the freedom of expression and the right of citizens to peacefully demonstrate, |
| --- | --- |

—

having regard to the declarations by the High Representative of 10, 15 and 17 March 2011 and the Council conclusions of 21 March 2011 on Bahrain and underlining in this context its full support for the freedom of expression and the right of citizens to peacefully demonstrate,

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

—

having regard to Rule 48 of its Rules of Procedure,

| — | having regard to the report of the Committee on Foreign Affairs and the opinions of the Committee on International Trade and the Committee on Industry, Research and Energy (A7-0042/2011), |
| --- | --- |

—

having regard to the report of the Committee on Foreign Affairs and the opinions of the Committee on International Trade and the Committee on Industry, Research and Energy (A7-0042/2011),

| A. | whereas current EU-GCC relations require constant reviewing and updating in view of the recent important and rapidly unfolding developments on the ground, at the heart of which needs to be the pursuit of human rights and democracy, |
| --- | --- |

A.

whereas current EU-GCC relations require constant reviewing and updating in view of the recent important and rapidly unfolding developments on the ground, at the heart of which needs to be the pursuit of human rights and democracy,

| B. | whereas demonstrators have expressed legitimate democratic aspirations in several GCC States; whereas the violent reaction by the authorities to protests in Bahrain resulted in deaths, injuries, and imprisonments; whereas Saudi, UAE and Kuwaiti troops have arrived in the country under the banner of the GCC to participate in the repression of demonstrators, |
| --- | --- |

B.

whereas demonstrators have expressed legitimate democratic aspirations in several GCC States; whereas the violent reaction by the authorities to protests in Bahrain resulted in deaths, injuries, and imprisonments; whereas Saudi, UAE and Kuwaiti troops have arrived in the country under the banner of the GCC to participate in the repression of demonstrators,

| C. | whereas the Gulf region has to be seen today in terms of the emergence of a new global economic hub comprising the member states of the GCC, noting that the EU is the second largest trade partner of the GCC and that the GCC is the fifth largest export market for the EU, |
| --- | --- |

C.

whereas the Gulf region has to be seen today in terms of the emergence of a new global economic hub comprising the member states of the GCC, noting that the EU is the second largest trade partner of the GCC and that the GCC is the fifth largest export market for the EU,

| D. | whereas its geopolitical environment makes the Gulf a focus of security challenges that have global and regional implications (the Middle East peace process, Iran’s nuclear programme, the stabilisation of Iraq, Yemen and Darfur, terrorism and piracy); whereas the GCC is still the only stable regional organisation based on multilateralism and cooperation, |
| --- | --- |

D.

whereas its geopolitical environment makes the Gulf a focus of security challenges that have global and regional implications (the Middle East peace process, Iran’s nuclear programme, the stabilisation of Iraq, Yemen and Darfur, terrorism and piracy); whereas the GCC is still the only stable regional organisation based on multilateralism and cooperation,

| E. | whereas the Gulf states’ sovereign wealth funds account for more than one third of the world total, and, whereas, in the response to the financial crisis, those funds helped to rescue the global and European financial systems, |
| --- | --- |

E.

whereas the Gulf states’ sovereign wealth funds account for more than one third of the world total, and, whereas, in the response to the financial crisis, those funds helped to rescue the global and European financial systems,

| F. | whereas the Gulf is a region of crucial importance to the EU and, in a multipolar and interdependent world, such partnerships represent a way of meeting political and security challenges, |
| --- | --- |

F.

whereas the Gulf is a region of crucial importance to the EU and, in a multipolar and interdependent world, such partnerships represent a way of meeting political and security challenges,

| G. | whereas the process of structural economic liberalisation and diversification initiated in several GCC member states is producing new internal dynamics, both politically (with constitutional reforms, political participation and a strengthening of institutions) and socially (a voluntary sector is emerging, employers’ associations are developing and women are gaining access to posts with responsibility), and this should be encouraged and supported, |
| --- | --- |

G.

whereas the process of structural economic liberalisation and diversification initiated in several GCC member states is producing new internal dynamics, both politically (with constitutional reforms, political participation and a strengthening of institutions) and socially (a voluntary sector is emerging, employers’ associations are developing and women are gaining access to posts with responsibility), and this should be encouraged and supported,

| H. | whereas the living and working conditions of migrant workers, particularly female domestic workers, are precarious and deplorable, despite the key role they play in several areas of economic activity in the GCC member states and the fact that they constitute 40 % of their population and some 80 % of the population in certain emirates, |
| --- | --- |

H.

whereas the living and working conditions of migrant workers, particularly female domestic workers, are precarious and deplorable, despite the key role they play in several areas of economic activity in the GCC member states and the fact that they constitute 40 % of their population and some 80 % of the population in certain emirates,

| I. | whereas all six GCC member states are hereditary monarchies with limited political representation, particularly for women, and in the majority of cases no elected parliament, |
| --- | --- |

I.

whereas all six GCC member states are hereditary monarchies with limited political representation, particularly for women, and in the majority of cases no elected parliament,

| J. | whereas the scale of investment by GCC member states and of the common challenges facing them in the EU’s southern neighbourhood call for cooperative synergies between Europe, the Mediterranean and the Gulf, |
| --- | --- |

J.

whereas the scale of investment by GCC member states and of the common challenges facing them in the EU’s southern neighbourhood call for cooperative synergies between Europe, the Mediterranean and the Gulf,

| K. | whereas the GCC member states’ geo-economic shift of focus towards Asia – in response to the rising demand for oil on Asian markets (in China, India, Singapore, Japan, the Philippines and South Korea) – is currently producing a diversification of commercial and economic relations, backed up by free trade agreements and the development of political dialogue, |
| --- | --- |

K.

whereas the GCC member states’ geo-economic shift of focus towards Asia – in response to the rising demand for oil on Asian markets (in China, India, Singapore, Japan, the Philippines and South Korea) – is currently producing a diversification of commercial and economic relations, backed up by free trade agreements and the development of political dialogue,

| L. | whereas the GCC member states play a key role in the global arena and thus have interests in common with the EU in relation to international stability and global economic governance, |
| --- | --- |

L.

whereas the GCC member states play a key role in the global arena and thus have interests in common with the EU in relation to international stability and global economic governance,

| M. | having regard to the growing influence of the GCC member states in the Arab and Muslim world and the important role they can play in intercultural dialogue, |
| --- | --- |

M.

having regard to the growing influence of the GCC member states in the Arab and Muslim world and the important role they can play in intercultural dialogue,

| N. | whereas the negotiations on a free trade agreement between the EU and the GCC, which were opened 20 years ago, are the longest-running non-concluded trade negotiations that the EU has undertaken, |
| --- | --- |

N.

whereas the negotiations on a free trade agreement between the EU and the GCC, which were opened 20 years ago, are the longest-running non-concluded trade negotiations that the EU has undertaken,

| O. | whereas the EU must take a clear stand and maintain a lasting commitment in the Gulf region, thus guaranteeing itself greater visibility and a strategic presence in the area, |
| --- | --- |

O.

whereas the EU must take a clear stand and maintain a lasting commitment in the Gulf region, thus guaranteeing itself greater visibility and a strategic presence in the area,

| P. | whereas political clauses, and especially the human rights clause, are an integral part of all trade agreements concluded between the Union and third parties, |
| --- | --- |

P.

whereas political clauses, and especially the human rights clause, are an integral part of all trade agreements concluded between the Union and third parties,

| Q. | whereas the Union’s presence in the Gulf region is limited and the perception of Europe there is commonly conflated with that of certain EU Member States whose ties with the region are more extensive and older, |
| --- | --- |

Q.

whereas the Union’s presence in the Gulf region is limited and the perception of Europe there is commonly conflated with that of certain EU Member States whose ties with the region are more extensive and older,

| R. | whereas the EU possesses expertise in the fields of institutional capacity building, education and research, the development of renewable energy and the environment, technical and regulatory support, and political and diplomatic dialogue on neighbourhood stability and global security issues, |
| --- | --- |

R.

whereas the EU possesses expertise in the fields of institutional capacity building, education and research, the development of renewable energy and the environment, technical and regulatory support, and political and diplomatic dialogue on neighbourhood stability and global security issues,

| 1. | Emphasises that concluding the free trade agreement between the EU and the GCC remains a priority, that failure to conclude it would not be in either party’s interests, and that such an agreement will constitute mutual recognition of the credibility of two entities that have chosen the path of multilateralism and integration; |
| --- | --- |

1.

Emphasises that concluding the free trade agreement between the EU and the GCC remains a priority, that failure to conclude it would not be in either party’s interests, and that such an agreement will constitute mutual recognition of the credibility of two entities that have chosen the path of multilateralism and integration;

| 2. | Considers that, given the limited presence of the Union in the Gulf region, as part of the new EU external relations apparatus a policy of integrated communication should contribute to the development of targeted and effective information on the EU in the Gulf countries; |
| --- | --- |

2.

Considers that, given the limited presence of the Union in the Gulf region, as part of the new EU external relations apparatus a policy of integrated communication should contribute to the development of targeted and effective information on the EU in the Gulf countries;

| 3. | Believes that the EU needs to develop a strategy for the region aimed at strengthening its ties with the GCC, supporting the regional integration process, and encouraging bilateral relations with the GCC member states; |
| --- | --- |

3.

Believes that the EU needs to develop a strategy for the region aimed at strengthening its ties with the GCC, supporting the regional integration process, and encouraging bilateral relations with the GCC member states;

| 4. | Stresses that the objective is a strategic partnership with the GCC and its member states commensurate with the respective roles of the two entities on the international stage; highlights the importance, to that end, of introducing periodic summit meetings of heads of state and government, independently of the progress of ongoing negotiations; |
| --- | --- |

4.

Stresses that the objective is a strategic partnership with the GCC and its member states commensurate with the respective roles of the two entities on the international stage; highlights the importance, to that end, of introducing periodic summit meetings of heads of state and government, independently of the progress of ongoing negotiations;

| 5. | Also highlights the importance of an equal partnership in cooperation and dialogue, bearing in mind the differences between the two entities, and the potential for developing cooperation and dialogue in various sectors; |
| --- | --- |

5.

Also highlights the importance of an equal partnership in cooperation and dialogue, bearing in mind the differences between the two entities, and the potential for developing cooperation and dialogue in various sectors;

| 6. | Calls for the European External Action Service (EEAS) to devote more human resources to the region and for new EU diplomatic missions to be opened in the GCC member states, thereby helping to raise the profile of the EU, to facilitate political dialogue and to make the Union’s efforts more effective; stresses that these resources should stem principally from a reallocation of staff within the EEAS; calls on those EU Member States with diplomatic representations there to act in line with EU policy; stresses that tailored bilateral approaches to GCC member states minded to engage in closer cooperation with the EU can only complement and strengthen the multilateral framework; calls, therefore, on the European and the High Representative of the Union for Foreign Affairs and Security Policy to examine the prospects which such bilateral cooperation would open up; |
| --- | --- |

6.

Calls for the European External Action Service (EEAS) to devote more human resources to the region and for new EU diplomatic missions to be opened in the GCC member states, thereby helping to raise the profile of the EU, to facilitate political dialogue and to make the Union’s efforts more effective; stresses that these resources should stem principally from a reallocation of staff within the EEAS; calls on those EU Member States with diplomatic representations there to act in line with EU policy; stresses that tailored bilateral approaches to GCC member states minded to engage in closer cooperation with the EU can only complement and strengthen the multilateral framework; calls, therefore, on the European and the High Representative of the Union for Foreign Affairs and Security Policy to examine the prospects which such bilateral cooperation would open up;

| 7. | Draws attention to the social and political developments that have taken place in recent years in most GCC member states; encourages all these states to sustain their efforts and to do more to promote human rights, to combat discrimination of all kinds, including discrimination based on gender, sexual orientation and religion; invites the GCC member states to safeguard and promote the rights of minorities – including religious minorities – gender equality, the right to work – including for migrant workers – and freedom of conscience, expression and opinion, calls for continuous dialogue between the EU and the GCC on these issues; invites the GCC member states to interact more positively with civil society and to support the emergence of local structures and associations; calls in particular on the GCC member states to:






  — | ensure respect for human rights and fundamental freedoms, with special regard to the freedom of speech and of assembly and the right to demonstrate peacefully, and to listen to and take into account the legitimate demands of protesters as well as to ensure their security, |
| --- | --- | --- |

7.

Draws attention to the social and political developments that have taken place in recent years in most GCC member states; encourages all these states to sustain their efforts and to do more to promote human rights, to combat discrimination of all kinds, including discrimination based on gender, sexual orientation and religion; invites the GCC member states to safeguard and promote the rights of minorities – including religious minorities – gender equality, the right to work – including for migrant workers – and freedom of conscience, expression and opinion, calls for continuous dialogue between the EU and the GCC on these issues; invites the GCC member states to interact more positively with civil society and to support the emergence of local structures and associations; calls in particular on the GCC member states to:

—

ensure respect for human rights and fundamental freedoms, with special regard to the freedom of speech and of assembly and the right to demonstrate peacefully, and to listen to and take into account the legitimate demands of protesters as well as to ensure their security,

| — | adopt measures to facilitate women's access to the labour market and to education by tackling all forms of discrimination based on gender and other customs or legal provisions, including all those relating to personal status, |
| --- | --- |

—

adopt measures to facilitate women's access to the labour market and to education by tackling all forms of discrimination based on gender and other customs or legal provisions, including all those relating to personal status,

| — | abolish the sponsorship system imposed on migrant workers, where it is still enforced, and to pursue labour law reforms in order to ensure that workers, including migrant and domestic workers, enjoy full legal and social protection, |
| --- | --- |

—

abolish the sponsorship system imposed on migrant workers, where it is still enforced, and to pursue labour law reforms in order to ensure that workers, including migrant and domestic workers, enjoy full legal and social protection,

| — | create synergies with the EU and its Member States in support of an International Labour Organisation (ILO) convention for domestic workers’ rights; |
| --- | --- |

—

create synergies with the EU and its Member States in support of an International Labour Organisation (ILO) convention for domestic workers’ rights;

| — | combat all forms of impunity, guarantee the independence of the judiciary and the right to a fair and speedy trial and strengthen the role of justice system professionals, |
| --- | --- |

—

combat all forms of impunity, guarantee the independence of the judiciary and the right to a fair and speedy trial and strengthen the role of justice system professionals,

| — | take steps to ensure that all human rights standards are widely publicised and are used in training for law enforcement officials, lawyers and members of the judiciary; |
| --- | --- |

—

take steps to ensure that all human rights standards are widely publicised and are used in training for law enforcement officials, lawyers and members of the judiciary;

| 8. | Calls on all Member States in the Gulf Cooperation Council to recognise a continuing popular movement for democratic reform within the wider region, and calls for the full engagement with emerging civil society groups to promote a process of genuine peaceful democratic transition, within their own countries, with partners in the region and with the full support of the European Union; |
| --- | --- |

8.

Calls on all Member States in the Gulf Cooperation Council to recognise a continuing popular movement for democratic reform within the wider region, and calls for the full engagement with emerging civil society groups to promote a process of genuine peaceful democratic transition, within their own countries, with partners in the region and with the full support of the European Union;

| 9. | Expresses its deep concern at the violent response of and the use of force against protesters by Bahraini authorities and at the participation of foreign troops under the GCC banner in the repression of demonstrators; whereas this stands in stark contrast to the GCC's support for the protection of the citizens demanding freedom and democracy in Libya; calls for an immediate end to violence against peaceful protesters and for a political dialogue that can lead to further necessary political reforms in the country; |
| --- | --- |

9.

Expresses its deep concern at the violent response of and the use of force against protesters by Bahraini authorities and at the participation of foreign troops under the GCC banner in the repression of demonstrators; whereas this stands in stark contrast to the GCC's support for the protection of the citizens demanding freedom and democracy in Libya; calls for an immediate end to violence against peaceful protesters and for a political dialogue that can lead to further necessary political reforms in the country;

| 10. | Invites the GCC governments to work together and in a spirit of cooperation to tackle human rights concerns in the region, especially in relation to gender equality, the situation of the ‘Bidun’ group of stateless persons, restrictions on freedom of expression and assembly, including trade union rights, and the need to ensure the independence of the judiciary and the right to a fair and speedy trial; calls for the proposed strengthening of the political dialogue with the GCC to include technical and political dialogue on human rights; |
| --- | --- |

10.

Invites the GCC governments to work together and in a spirit of cooperation to tackle human rights concerns in the region, especially in relation to gender equality, the situation of the ‘Bidun’ group of stateless persons, restrictions on freedom of expression and assembly, including trade union rights, and the need to ensure the independence of the judiciary and the right to a fair and speedy trial; calls for the proposed strengthening of the political dialogue with the GCC to include technical and political dialogue on human rights;

| 11. | Calls on the GCC member states to withdraw any reservations they may still have with regard to the Convention on the Elimination of All Forms of Discrimination against Women and the International Convention on the Elimination of All Forms of Racial Discrimination and to ratify the optional protocols to the Convention on the Rights of the Child and the International Convention on the Elimination of All Forms of Racial Discrimination; also stresses the importance of ratifying and implementing the UN Migrant Workers Convention and ILO Conventions 97 and 143; |
| --- | --- |

11.

Calls on the GCC member states to withdraw any reservations they may still have with regard to the Convention on the Elimination of All Forms of Discrimination against Women and the International Convention on the Elimination of All Forms of Racial Discrimination and to ratify the optional protocols to the Convention on the Rights of the Child and the International Convention on the Elimination of All Forms of Racial Discrimination; also stresses the importance of ratifying and implementing the UN Migrant Workers Convention and ILO Conventions 97 and 143;

| 12. | Encourages the EU to examine and propose, together with the GCC, solutions for removing the obstacles to the full and effective exercise of the fundamental right of religious freedom, both individually and collectively and in both public and private spheres, for members of minority religions in the region; |
| --- | --- |

12.

Encourages the EU to examine and propose, together with the GCC, solutions for removing the obstacles to the full and effective exercise of the fundamental right of religious freedom, both individually and collectively and in both public and private spheres, for members of minority religions in the region;

| 13. | Stresses the importance of intercultural and inter-faith dialogue; recalls that the European Union and the GCC have made a joint commitment to promote and protect the values of tolerance, moderation and coexistence; |
| --- | --- |

13.

Stresses the importance of intercultural and inter-faith dialogue; recalls that the European Union and the GCC have made a joint commitment to promote and protect the values of tolerance, moderation and coexistence;

| 14. | Encourages the governments and the existing parliamentary assemblies of the GCC to take immediate steps to ratify without reservation the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, as well as to cooperate with the thematic mechanisms of the UN Commission on Human Rights and invite them to visit, in particular the special rapporteur on the independence of judges and lawyers; |
| --- | --- |

14.

Encourages the governments and the existing parliamentary assemblies of the GCC to take immediate steps to ratify without reservation the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, as well as to cooperate with the thematic mechanisms of the UN Commission on Human Rights and invite them to visit, in particular the special rapporteur on the independence of judges and lawyers;

| 15. | Restates the EU’s opposition to the death penalty and Parliament’s call for a global moratorium on it; deplores, in this regard, the continuing retention of the death penalty by all GCC member states; invites them to adopt a moratorium on executions; calls in particular on states practising executions and punishments involving methods such as decapitation, stoning, crucifixion, flagellation or amputation to cease these practices; |
| --- | --- |

15.

Restates the EU’s opposition to the death penalty and Parliament’s call for a global moratorium on it; deplores, in this regard, the continuing retention of the death penalty by all GCC member states; invites them to adopt a moratorium on executions; calls in particular on states practising executions and punishments involving methods such as decapitation, stoning, crucifixion, flagellation or amputation to cease these practices;

| 16. | Notes the three-year Joint Action Programme adopted by the EU-GCC Joint Council and Ministerial Meeting on 14 June 2010 and intended to strengthen cooperation in many strategic areas of mutual interest, including by setting up a network linking researchers, academics and businessmen; finds it regrettable, however, that it does not contain a section providing for open, regular and constructive political dialogue; |
| --- | --- |

16.

Notes the three-year Joint Action Programme adopted by the EU-GCC Joint Council and Ministerial Meeting on 14 June 2010 and intended to strengthen cooperation in many strategic areas of mutual interest, including by setting up a network linking researchers, academics and businessmen; finds it regrettable, however, that it does not contain a section providing for open, regular and constructive political dialogue;

| 17. | Considers that the implementation of this Joint Action Programme should be accompanied by a precise and detailed funding scheme and carried out by staff specifically assigned to this task both in Brussels and the GCC member states; stresses the importance of ensuring the visibility of this programme and the dissemination of a wide range of information accessible to the administrations and institutions concerned; requests that an evaluation of the results be carried out at the end of the three-year period and that, should the results prove satisfactory, an EU-GCC cooperation agency be envisaged; |
| --- | --- |

17.

Considers that the implementation of this Joint Action Programme should be accompanied by a precise and detailed funding scheme and carried out by staff specifically assigned to this task both in Brussels and the GCC member states; stresses the importance of ensuring the visibility of this programme and the dissemination of a wide range of information accessible to the administrations and institutions concerned; requests that an evaluation of the results be carried out at the end of the three-year period and that, should the results prove satisfactory, an EU-GCC cooperation agency be envisaged;

| 18. | Calls on the EU to focus its cooperation programmes with the GCC member states more on civil society organisations and to support the empowerment of women and youth; |
| --- | --- |

18.

Calls on the EU to focus its cooperation programmes with the GCC member states more on civil society organisations and to support the empowerment of women and youth;

| 19. | Expresses its profound concern at seeing the Gulf region caught up in an arms race; asks the EU to initiate a strategic dialogue with the GCC member states on regional security issues of common interest (the Middle East peace process, Iran’s nuclear programme, the stabilisation of Iraq, Yemen and Darfur, terrorism and piracy) and, ultimately, to contribute to building a regional security structure in the Middle East in partnership with the Gulf states; |
| --- | --- |

19.

Expresses its profound concern at seeing the Gulf region caught up in an arms race; asks the EU to initiate a strategic dialogue with the GCC member states on regional security issues of common interest (the Middle East peace process, Iran’s nuclear programme, the stabilisation of Iraq, Yemen and Darfur, terrorism and piracy) and, ultimately, to contribute to building a regional security structure in the Middle East in partnership with the Gulf states;

| 20. | Recalls that the GCC member states are important regional players; emphasises that it is in the common interest of the EU and the GCC to promote peace and stability in the Middle East, North Africa and the Horn of Africa, and globally; urges the partners to strengthen cooperation on this matter of common interest; |
| --- | --- |

20.

Recalls that the GCC member states are important regional players; emphasises that it is in the common interest of the EU and the GCC to promote peace and stability in the Middle East, North Africa and the Horn of Africa, and globally; urges the partners to strengthen cooperation on this matter of common interest;

| 21. | Takes note of the declaration by the GCC of 7 March 2011 in Abu Dhabi, which states that ‘the Ministerial council demands that the Security Council takes the steps necessary to protect civilians, including a no-fly zone in Libya’, which declaration has contributed to the decision of the Arab League and then the United Nations Security Council to pronounce themselves in favour of such a zone; |
| --- | --- |

21.

Takes note of the declaration by the GCC of 7 March 2011 in Abu Dhabi, which states that ‘the Ministerial council demands that the Security Council takes the steps necessary to protect civilians, including a no-fly zone in Libya’, which declaration has contributed to the decision of the Arab League and then the United Nations Security Council to pronounce themselves in favour of such a zone;

| 22. | Reiterates its support for the Arab peace initiative put forward by one of the GCC member states and approved by all the states of the Arab League and the Organisation of the Islamic Conference; calls on the GCC member states to continue their mediation efforts and support for the Israeli-Palestinian peace process; calls on the EU and the GCC to step up joint efforts to bring about a negotiated end to the occupation of the Palestinian Territories, while continuing to provide full support for a two-state solution to the Israel/Palestine conflict; stresses the joint interest of the EU and the GCC in working together to establish a just and lasting regional peace in the Middle East; suggests in this regard more regular cooperation between the Quartet and the Arab League monitoring committee; recalls that the EU is the largest donor of aid to the Palestinian people; recognises the GCC member states’ support for Palestinian refugees and their contribution to the United Nations Relief and Works Agency (UNRWA); calls on the GCC member states to contribute more to strengthening Palestinian institutions and to economic development, within the context of the Palestinian Authority’s government programme, and to consider paying their financial contributions through existing international aid mechanisms, where appropriate; |
| --- | --- |

22.

Reiterates its support for the Arab peace initiative put forward by one of the GCC member states and approved by all the states of the Arab League and the Organisation of the Islamic Conference; calls on the GCC member states to continue their mediation efforts and support for the Israeli-Palestinian peace process; calls on the EU and the GCC to step up joint efforts to bring about a negotiated end to the occupation of the Palestinian Territories, while continuing to provide full support for a two-state solution to the Israel/Palestine conflict; stresses the joint interest of the EU and the GCC in working together to establish a just and lasting regional peace in the Middle East; suggests in this regard more regular cooperation between the Quartet and the Arab League monitoring committee; recalls that the EU is the largest donor of aid to the Palestinian people; recognises the GCC member states’ support for Palestinian refugees and their contribution to the United Nations Relief and Works Agency (UNRWA); calls on the GCC member states to contribute more to strengthening Palestinian institutions and to economic development, within the context of the Palestinian Authority’s government programme, and to consider paying their financial contributions through existing international aid mechanisms, where appropriate;

| 23. | Welcomes the fact that GCC integration is continuing (through a customs union, a common market and, ultimately, a single currency); encourages the Commission to propose to the GCC Secretariat that the two bodies jointly draw up a framework for cooperation, under which the Commission can share its experience in the areas of institutional consolidation, administrative capacity building and developing machinery for regulation and the settlement of disputes; emphasises that such an approach can help to inspire processes of ownership; |
| --- | --- |

23.

Welcomes the fact that GCC integration is continuing (through a customs union, a common market and, ultimately, a single currency); encourages the Commission to propose to the GCC Secretariat that the two bodies jointly draw up a framework for cooperation, under which the Commission can share its experience in the areas of institutional consolidation, administrative capacity building and developing machinery for regulation and the settlement of disputes; emphasises that such an approach can help to inspire processes of ownership;

| 24. | Welcomes the decision by the presidents of the parliaments of the GCC member states, meeting in Abu Dhabi on 23 November 2010, to begin monitoring the activities of the GCC and its executive decisions and to establish an annual conference of the parliamentary institutions of GCC member states; welcomes the forthcoming establishment of an interparliamentary delegation for relations with the European Parliament; is convinced that far-reaching parliamentary cooperation will make a significant contribution to the development of a strategic partnership between the two groups; |
| --- | --- |

24.

Welcomes the decision by the presidents of the parliaments of the GCC member states, meeting in Abu Dhabi on 23 November 2010, to begin monitoring the activities of the GCC and its executive decisions and to establish an annual conference of the parliamentary institutions of GCC member states; welcomes the forthcoming establishment of an interparliamentary delegation for relations with the European Parliament; is convinced that far-reaching parliamentary cooperation will make a significant contribution to the development of a strategic partnership between the two groups;

Trade relations

| 25. | Recalls its resolution of 24 April 2008 on the Free Trade Agreement (FTA) between the EC and the GCC, which was supported by 96 % of its Members; notes that questions raised in the resolution, such as the need for reciprocal market access, effective protection of intellectual property rights, removal of non-tariff barriers to the provision of services, promotion of sustainable development and respect for international conventions, are still topical; |
| --- | --- |

25.

Recalls its resolution of 24 April 2008 on the Free Trade Agreement (FTA) between the EC and the GCC, which was supported by 96 % of its Members; notes that questions raised in the resolution, such as the need for reciprocal market access, effective protection of intellectual property rights, removal of non-tariff barriers to the provision of services, promotion of sustainable development and respect for international conventions, are still topical;

| 26. | Deeply deplores the fact that negotiations between the EU and the GCC (EU-GCC FTA) have suffered repeated lengthy delays and deplores the GCC’s decision to suspend these negotiations in 2008; believes that it is high time to unblock these negotiations so that a definitive solution can be found which offers maximum benefits to the societies and business communities on both sides; |
| --- | --- |

26.

Deeply deplores the fact that negotiations between the EU and the GCC (EU-GCC FTA) have suffered repeated lengthy delays and deplores the GCC’s decision to suspend these negotiations in 2008; believes that it is high time to unblock these negotiations so that a definitive solution can be found which offers maximum benefits to the societies and business communities on both sides;

| 27. | Deplores the fact that that the region has been neglected by the EU, despite its strategic importance in terms of oil supplies, trade opportunities and regional stability; |
| --- | --- |

27.

Deplores the fact that that the region has been neglected by the EU, despite its strategic importance in terms of oil supplies, trade opportunities and regional stability;

| 28. | Notes that, after 20 years of negotiations, the FTA has still to be concluded; is aware that the human rights and illegal migration clauses have been rejected by some GCC member states; |
| --- | --- |

28.

Notes that, after 20 years of negotiations, the FTA has still to be concluded; is aware that the human rights and illegal migration clauses have been rejected by some GCC member states;

| 29. | Considers that, given the region’s strategic importance, the FTA should be seen not only as an instrument to enhance welfare through trade, but also as a tool to foster geopolitical stability; |
| --- | --- |

29.

Considers that, given the region’s strategic importance, the FTA should be seen not only as an instrument to enhance welfare through trade, but also as a tool to foster geopolitical stability;

| 30. | Notes that the GCC is currently the EU’s sixth largest export market and that the EU is currently the GCC’s main trading partner; notes that, notwithstanding this already intensive level of trade, there is still scope for deepening it, as well as room for greater diversification of trade between the two parties, given the size of the EU market and efforts on the part of GCC member states to diversify their exports; notes that an FTA would also provide new opportunities for technical cooperation and assistance; takes the view that the conclusion of the EU-GCC FTA would foster closer ties and further diversification; |
| --- | --- |

30.

Notes that the GCC is currently the EU’s sixth largest export market and that the EU is currently the GCC’s main trading partner; notes that, notwithstanding this already intensive level of trade, there is still scope for deepening it, as well as room for greater diversification of trade between the two parties, given the size of the EU market and efforts on the part of GCC member states to diversify their exports; notes that an FTA would also provide new opportunities for technical cooperation and assistance; takes the view that the conclusion of the EU-GCC FTA would foster closer ties and further diversification;

| 31. | Points out that, given that the GCC member states are increasing their economic diversification with a view to reducing their dependency on oil exports, an increase in services trade and investment would help to foster the development of the GCC economies; |
| --- | --- |

31.

Points out that, given that the GCC member states are increasing their economic diversification with a view to reducing their dependency on oil exports, an increase in services trade and investment would help to foster the development of the GCC economies;

| 32. | Welcomes the fact that, over the past two decades, economic relations between the EU and the GCC have been intensifying and that trade volumes between the them have increased significantly, despite the failure to conclude an FTA; takes this as a sign that an FTA would further enhance this natural growth and embed it in a more open, predictable and secure environment; |
| --- | --- |

32.

Welcomes the fact that, over the past two decades, economic relations between the EU and the GCC have been intensifying and that trade volumes between the them have increased significantly, despite the failure to conclude an FTA; takes this as a sign that an FTA would further enhance this natural growth and embed it in a more open, predictable and secure environment;

| 33. | Notes that the bulk of the work on the FTA has already been done, and takes the view that the scope of the FTA as it stands promises great benefits for both parties; calls on both parties, therefore, to look upon this FTA as a major and important endeavour for both regions and their peoples; considers that the EU and the GCC have shared interests and needs and that the EU’s experience in regional integration can be a source of inspiration for the Gulf; considers that, in this connection, the EU can provide valuable technical assistance; |
| --- | --- |

33.

Notes that the bulk of the work on the FTA has already been done, and takes the view that the scope of the FTA as it stands promises great benefits for both parties; calls on both parties, therefore, to look upon this FTA as a major and important endeavour for both regions and their peoples; considers that the EU and the GCC have shared interests and needs and that the EU’s experience in regional integration can be a source of inspiration for the Gulf; considers that, in this connection, the EU can provide valuable technical assistance;

| 34. | Stresses that, unless remedied, a lack of transparency in public procurement procedures and barriers to access for foreign investors in the services sector could jeopardise the conclusion of the agreement; |
| --- | --- |

34.

Stresses that, unless remedied, a lack of transparency in public procurement procedures and barriers to access for foreign investors in the services sector could jeopardise the conclusion of the agreement;

| 35. | Is firmly of the opinion that an EU-GCC FTA would be substantially advantageous to both parties; believes that an FTA with the EU would facilitate the further economic integration of the GCC and that, following the establishment of the GCC Customs Union, it may also lend greater impetus to important projects such as the GCC common market and the completion of a GCC monetary union with a single currency; considers that the GCC could benefit from lessons learned during the formation of a single market and adoption of a single currency by the EU; |
| --- | --- |

35.

Is firmly of the opinion that an EU-GCC FTA would be substantially advantageous to both parties; believes that an FTA with the EU would facilitate the further economic integration of the GCC and that, following the establishment of the GCC Customs Union, it may also lend greater impetus to important projects such as the GCC common market and the completion of a GCC monetary union with a single currency; considers that the GCC could benefit from lessons learned during the formation of a single market and adoption of a single currency by the EU;

| 36. | Strongly supports the message that the High Representative/Vice-President Catherine Ashton sent during the EU-GCC Joint Ministerial Council meeting in June 2010, and more recently on 22 September 2010, during the EU-GCC meeting held alongside the UN General Assembly ministerial meeting, indicating that the EU was ready to make a final effort to conclude these negotiations; also welcomes the reaction of the GCC, which likewise confirmed its wish to conclude the negotiations; |
| --- | --- |

36.

Strongly supports the message that the High Representative/Vice-President Catherine Ashton sent during the EU-GCC Joint Ministerial Council meeting in June 2010, and more recently on 22 September 2010, during the EU-GCC meeting held alongside the UN General Assembly ministerial meeting, indicating that the EU was ready to make a final effort to conclude these negotiations; also welcomes the reaction of the GCC, which likewise confirmed its wish to conclude the negotiations;

| 37. | Acknowledges the sensitivities of some GCC member states on export duties, but deplores the recent decision by the GCC negotiators to revert to their 2008 position in this regard, i.e. to leave penalties for non-compliance on this issue out of the FTA; is firmly of the opinion that no current FTA can ignore the question of export duties and that WTO rules state that FTAs have to provide for the substantial liberalisation of both imports and exports; |
| --- | --- |

37.

Acknowledges the sensitivities of some GCC member states on export duties, but deplores the recent decision by the GCC negotiators to revert to their 2008 position in this regard, i.e. to leave penalties for non-compliance on this issue out of the FTA; is firmly of the opinion that no current FTA can ignore the question of export duties and that WTO rules state that FTAs have to provide for the substantial liberalisation of both imports and exports;

| 38. | Recommends that the EU devote more resources to the GCC via the instrument for cooperation with industrialised and other high-income countries, which should be made more visible and should focus on suitable programmes for training local civil servants, including in trade matters; |
| --- | --- |

38.

Recommends that the EU devote more resources to the GCC via the instrument for cooperation with industrialised and other high-income countries, which should be made more visible and should focus on suitable programmes for training local civil servants, including in trade matters;

| 39. | Recalls that, under the Lisbon Treaty, international trade policy is one of the EU’s foreign policy tools and that as such, for the Union, respect for democratic principles and fundamental human rights, together with the social and environmental dimensions, are absolutely essential in all its international agreements; calls, therefore, for any future free trade agreement to include an effective and enforceable human rights clause; |
| --- | --- |

39.

Recalls that, under the Lisbon Treaty, international trade policy is one of the EU’s foreign policy tools and that as such, for the Union, respect for democratic principles and fundamental human rights, together with the social and environmental dimensions, are absolutely essential in all its international agreements; calls, therefore, for any future free trade agreement to include an effective and enforceable human rights clause;

| 40. | Notes that there are 15 million migrant workers in the six GCC member states and that those workers make up 40 % of the total population; draws attention to the precarious situation of migrant workers in the Gulf states, which has been highlighted by the ILO, and supports its call for a minimum wage in the region in order to prevent any further deterioration in the position of domestic and migrant workers; also supports the right of all workers to form and join trade unions in order to defend their interests; |
| --- | --- |

40.

Notes that there are 15 million migrant workers in the six GCC member states and that those workers make up 40 % of the total population; draws attention to the precarious situation of migrant workers in the Gulf states, which has been highlighted by the ILO, and supports its call for a minimum wage in the region in order to prevent any further deterioration in the position of domestic and migrant workers; also supports the right of all workers to form and join trade unions in order to defend their interests;

| 41. | Emphasises the need to respect the democratic principles and fundamental rights established by the Universal Declaration of Human Rights; urges the GCC member states to combat discrimination against women and the exploitation of children, in particular on the labour market, and to implement the UN Conventions on the Elimination of All Forms of Discrimination against Women and on the Rights of the Child; |
| --- | --- |

41.

Emphasises the need to respect the democratic principles and fundamental rights established by the Universal Declaration of Human Rights; urges the GCC member states to combat discrimination against women and the exploitation of children, in particular on the labour market, and to implement the UN Conventions on the Elimination of All Forms of Discrimination against Women and on the Rights of the Child;

| 42. | Considers that the ratification and full implementation by the GCC member states of the framework established by the UN Convention against Transnational Organised Crime, the UN Convention against Corruption and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families should be a key issue in the FTA negotiations; |
| --- | --- |

42.

Considers that the ratification and full implementation by the GCC member states of the framework established by the UN Convention against Transnational Organised Crime, the UN Convention against Corruption and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families should be a key issue in the FTA negotiations;

| 43. | Believes that the conclusion of an FTA would greatly enhance the current relations between the EU Member States and the GCC member states, and would lend added value to the recent Joint Action Programme, in particular, by strengthening capacities and institutions, including within the GCC Secretariat; deplores the fact that the diplomatic presence of the EU in the GCC member states remains minimal and insists that following the establishment of the EEAS the EU should increase its diplomatic presence in the region, including by setting up a Union delegation in each of the six GCC member states, which would work in close cooperation with the national diplomatic services of EU Member States present in the GCC member states, to make the most of their combined expertise concerning the region; believes that a more significant diplomatic presence would greatly increase the chances of a speedy conclusion of the FTA and its subsequent implementation; |
| --- | --- |

43.

Believes that the conclusion of an FTA would greatly enhance the current relations between the EU Member States and the GCC member states, and would lend added value to the recent Joint Action Programme, in particular, by strengthening capacities and institutions, including within the GCC Secretariat; deplores the fact that the diplomatic presence of the EU in the GCC member states remains minimal and insists that following the establishment of the EEAS the EU should increase its diplomatic presence in the region, including by setting up a Union delegation in each of the six GCC member states, which would work in close cooperation with the national diplomatic services of EU Member States present in the GCC member states, to make the most of their combined expertise concerning the region; believes that a more significant diplomatic presence would greatly increase the chances of a speedy conclusion of the FTA and its subsequent implementation;

| 44. | Proposes the establishment of a regular heads of state and government summit between the EU and the GCC; stresses that this summit could enhance the political, financial, economic, commercial and cultural ties between the EU and GCC immensely; strongly encourages the EU and the GCC’s top political decision-makers to meet on a regular basis in order to jointly define and promote common interests, thus increasing the likelihood of the FTA being concluded and signed as soon as possible; takes the view that both the EU and the GCC’s top political decision-makers should seek progress in this regard, regardless of whether the FTA is concluded and signed; |
| --- | --- |

44.

Proposes the establishment of a regular heads of state and government summit between the EU and the GCC; stresses that this summit could enhance the political, financial, economic, commercial and cultural ties between the EU and GCC immensely; strongly encourages the EU and the GCC’s top political decision-makers to meet on a regular basis in order to jointly define and promote common interests, thus increasing the likelihood of the FTA being concluded and signed as soon as possible; takes the view that both the EU and the GCC’s top political decision-makers should seek progress in this regard, regardless of whether the FTA is concluded and signed;

| 45. | Welcomes the fact that over the years the EU and the GCC have become major investment partners and that the GCC, together with Iraq and Yemen, ranked as the top investor in the EU in 2008; takes of the view that the conclusion of the FTA, or at least the official reopening of the negotiations, will surely open the way to further agreements which will encourage and facilitate mutual foreign direct investment (FDI) with a view to eliminating obstacles to foreign ownership and investment protection; recalls that, following the entry into force of the Lisbon Treaty, FDI now falls within the competence of the EU and therefore provides further scope for the rapid conclusion of an EU-GCC FTA; notes that any future FTA would open up new investment opportunities for both sides whilst enhancing the possibilities for the GCC to fulfil the criteria as a candidate for an EU investment agreement within the future EU investment policy; |
| --- | --- |

45.

Welcomes the fact that over the years the EU and the GCC have become major investment partners and that the GCC, together with Iraq and Yemen, ranked as the top investor in the EU in 2008; takes of the view that the conclusion of the FTA, or at least the official reopening of the negotiations, will surely open the way to further agreements which will encourage and facilitate mutual foreign direct investment (FDI) with a view to eliminating obstacles to foreign ownership and investment protection; recalls that, following the entry into force of the Lisbon Treaty, FDI now falls within the competence of the EU and therefore provides further scope for the rapid conclusion of an EU-GCC FTA; notes that any future FTA would open up new investment opportunities for both sides whilst enhancing the possibilities for the GCC to fulfil the criteria as a candidate for an EU investment agreement within the future EU investment policy;

| 46. | Points out that the lowering of GCC tariffs as a result of the FTA would increase the attractiveness of outward investment by transnational enterprises; is convinced that the FTA will result in an increase in services-related investments which will foster the development of the GCC and of the EU Member States; |
| --- | --- |

46.

Points out that the lowering of GCC tariffs as a result of the FTA would increase the attractiveness of outward investment by transnational enterprises; is convinced that the FTA will result in an increase in services-related investments which will foster the development of the GCC and of the EU Member States;

| 47. | Suggests the use of the euro in all types of trade between the EU and the GCC; welcomes the fact that, since its inception, the GCC has expressed its determination to create a customs and monetary union; notes that, while the former entered into force in 2009, negotiations on a common currency are currently taking place; |
| --- | --- |

47.

Suggests the use of the euro in all types of trade between the EU and the GCC; welcomes the fact that, since its inception, the GCC has expressed its determination to create a customs and monetary union; notes that, while the former entered into force in 2009, negotiations on a common currency are currently taking place;

| 48. | Notes that all six GCC member states currently enjoy preferential access to the EU market under the EU’s Generalised System of Preferences (GSP); stresses that all GCC member states should, in accordance with Article 15(1) of Council Regulation (EC) No 732/2008 of 22 July 2008, not only ratify but also implement all 27 ILO and UN conventions listed in Annex III to the regulation; takes the view that, given the level of economic progress in the region, the FTA would be a better tool to spread commercial benefits throughout the region; |
| --- | --- |

48.

Notes that all six GCC member states currently enjoy preferential access to the EU market under the EU’s Generalised System of Preferences (GSP); stresses that all GCC member states should, in accordance with Article 15(1) of Council Regulation (EC) No 732/2008 of 22 July 2008, not only ratify but also implement all 27 ILO and UN conventions listed in Annex III to the regulation; takes the view that, given the level of economic progress in the region, the FTA would be a better tool to spread commercial benefits throughout the region;

| 49. | Reaffirms that the EU’s primary objective in its relations with the GCC should be to conclude the FTA, which will be a major region-to-region agreement; however, until this happens, and following what some of the GCC’s major trade partners have already done, encourages the High Representative/Vice-President and the Commissioner for Trade to assess alternative approaches to future commercial relations with the GCC member states, in the form of bilateral agreements between the EU and the Gulf States that already feel prepared to enter into further commitments with the EU, taking into account the disparities between the economies of the Gulf States, the varied responses of those states to the financial crisis and their relations with other trade partners; |
| --- | --- |

49.

Reaffirms that the EU’s primary objective in its relations with the GCC should be to conclude the FTA, which will be a major region-to-region agreement; however, until this happens, and following what some of the GCC’s major trade partners have already done, encourages the High Representative/Vice-President and the Commissioner for Trade to assess alternative approaches to future commercial relations with the GCC member states, in the form of bilateral agreements between the EU and the Gulf States that already feel prepared to enter into further commitments with the EU, taking into account the disparities between the economies of the Gulf States, the varied responses of those states to the financial crisis and their relations with other trade partners;

Energy

| 50. | Hails the significant degree of cooperation between the EU and its Mediterranean partners on energy matters, now extended to embrace renewable energies; considers that synergies must be encouraged here between the three geographic zones on account of their converging interests, technological expertise, sources of funding and abundant resources (sun and wind); welcomes the establishment of the EU-GCC clean energy network, clean energy currently being a prime focus of interest for the GCC member states; |
| --- | --- |

50.

Hails the significant degree of cooperation between the EU and its Mediterranean partners on energy matters, now extended to embrace renewable energies; considers that synergies must be encouraged here between the three geographic zones on account of their converging interests, technological expertise, sources of funding and abundant resources (sun and wind); welcomes the establishment of the EU-GCC clean energy network, clean energy currently being a prime focus of interest for the GCC member states;

| 51. | Notes that, in view of the strategic, economic, political and cultural ties between the Gulf countries and the countries on the southern shore of the Mediterranean, and also of the growing influence of the Gulf countries on Mediterranean countries, a stronger, structured partnership between the GCC and the Union for the Mediterranean could be envisaged and that the European Union should actively endeavour to promote such a project which will benefit all parties; |
| --- | --- |

51.

Notes that, in view of the strategic, economic, political and cultural ties between the Gulf countries and the countries on the southern shore of the Mediterranean, and also of the growing influence of the Gulf countries on Mediterranean countries, a stronger, structured partnership between the GCC and the Union for the Mediterranean could be envisaged and that the European Union should actively endeavour to promote such a project which will benefit all parties;

| 52. | Commends the work carried out by the EU-GCC Energy Expert Group, in particular on natural gas, energy efficiency and nuclear safety; |
| --- | --- |

52.

Commends the work carried out by the EU-GCC Energy Expert Group, in particular on natural gas, energy efficiency and nuclear safety;

| 53. | Calls on the Commission, in the light of the challenge of climate change and the growing energy consumption in both regions, to address energy efficiency as one of the main areas of development and to enhance cooperation on energy efficiency issues; |
| --- | --- |

53.

Calls on the Commission, in the light of the challenge of climate change and the growing energy consumption in both regions, to address energy efficiency as one of the main areas of development and to enhance cooperation on energy efficiency issues;

| 54. | Acknowledges that fossil fuels currently supply most of the EU’s energy needs; notes, however, that the EU’s future oil demand will be affected by several factors, such as EU energy and climate policies, supply costs, price volatility and industrial progress (in relation to energy efficiency and electromobility, for example), which combine to create long-term uncertainties about future demand and upstream and downstream investment with regard to production capacity; |
| --- | --- |

54.

Acknowledges that fossil fuels currently supply most of the EU’s energy needs; notes, however, that the EU’s future oil demand will be affected by several factors, such as EU energy and climate policies, supply costs, price volatility and industrial progress (in relation to energy efficiency and electromobility, for example), which combine to create long-term uncertainties about future demand and upstream and downstream investment with regard to production capacity;

| 55. | Calls for greater transparency in oil and gas data as regards the future demand and supply scenario, in keeping with the shared interest in predictable oil markets; welcomes, therefore, the Joint Oil Data Initiative; |
| --- | --- |

55.

Calls for greater transparency in oil and gas data as regards the future demand and supply scenario, in keeping with the shared interest in predictable oil markets; welcomes, therefore, the Joint Oil Data Initiative;

| 56. | Welcomes the Joint Ministerial Council’s determination to work towards closer cooperation on the environment and climate change; |
| --- | --- |

56.

Welcomes the Joint Ministerial Council’s determination to work towards closer cooperation on the environment and climate change;

| 57. | Recognises that the GCC’s efforts to increase potential natural gas and liquid natural gas (LNG) reserves accord with the EU’s desire to diversify energy sources and supply routes; stresses, therefore, the importance of increasing LNG exports to the EU by establishing LNG terminals in the Southern Corridor, and of establishing pipeline links with the GCC, either directly or by connecting up with current and planned pipelines, such as AGP, Nabucco and ITGI; |
| --- | --- |

57.

Recognises that the GCC’s efforts to increase potential natural gas and liquid natural gas (LNG) reserves accord with the EU’s desire to diversify energy sources and supply routes; stresses, therefore, the importance of increasing LNG exports to the EU by establishing LNG terminals in the Southern Corridor, and of establishing pipeline links with the GCC, either directly or by connecting up with current and planned pipelines, such as AGP, Nabucco and ITGI;

| 58. | Encourages the GCC member states to coordinate the further development of gas-to-liquid (GTL) technology with their European partners in order better to incorporate GTL into the European energy mix; stresses that the GCC could also use GTL as an alternative to the emission of flare gas into the atmosphere; |
| --- | --- |

58.

Encourages the GCC member states to coordinate the further development of gas-to-liquid (GTL) technology with their European partners in order better to incorporate GTL into the European energy mix; stresses that the GCC could also use GTL as an alternative to the emission of flare gas into the atmosphere;

| 59. | Emphasises that the EU has opportunities to invest in GCC energy production capacity, using the latest technologies in terms of generation, transmission and interconnection; encourages, in this respect, future cooperation with a particular focus on the integration of electricity networks and smart grid technologies; |
| --- | --- |

59.

Emphasises that the EU has opportunities to invest in GCC energy production capacity, using the latest technologies in terms of generation, transmission and interconnection; encourages, in this respect, future cooperation with a particular focus on the integration of electricity networks and smart grid technologies;

Industry and raw materials

| 60. | Stresses the importance of a reliable partnership between the EU and the GCC in the use of, and access to, raw materials; favours open markets for goods and the removal of non-tariff barriers; welcomes all efforts already made in free-trade negotiations to guarantee a secure and sustainable supply of raw materials; |
| --- | --- |

60.

Stresses the importance of a reliable partnership between the EU and the GCC in the use of, and access to, raw materials; favours open markets for goods and the removal of non-tariff barriers; welcomes all efforts already made in free-trade negotiations to guarantee a secure and sustainable supply of raw materials;

| 61. | Calls for joint efforts to address the speculation and price volatility affecting raw materials, through greater transparency and closer supervision of OTC derivatives trading; welcomes, in this context, OPEC’s recent call for tighter controls on OTC trading, along with France’s efforts to address commodity speculation within the G 20; |
| --- | --- |

61.

Calls for joint efforts to address the speculation and price volatility affecting raw materials, through greater transparency and closer supervision of OTC derivatives trading; welcomes, in this context, OPEC’s recent call for tighter controls on OTC trading, along with France’s efforts to address commodity speculation within the G 20;

R&D and innovation

| 62. | Highlights the importance of deepening bilateral cooperation with the GCC on research and technology programmes, with a special focus on new knowledge-based industries in areas such as renewable energy sources, CCS, oil and gas derivatives, energy efficiency and biomass; calls for the establishment of cooperation which combines technology transfer with guarantees of a secure, sustainable supply of raw materials; |
| --- | --- |

62.

Highlights the importance of deepening bilateral cooperation with the GCC on research and technology programmes, with a special focus on new knowledge-based industries in areas such as renewable energy sources, CCS, oil and gas derivatives, energy efficiency and biomass; calls for the establishment of cooperation which combines technology transfer with guarantees of a secure, sustainable supply of raw materials;

| 63. | Calls for the European Research Council (ERC) and the European Institute of Technology (EIT) to step up their collaboration with the GCC in order to foster, and press ahead with, scientific dialogue and cooperation between regions in this field as well; |
| --- | --- |

63.

Calls for the European Research Council (ERC) and the European Institute of Technology (EIT) to step up their collaboration with the GCC in order to foster, and press ahead with, scientific dialogue and cooperation between regions in this field as well;

Education

| 64. | Notes that the GCC member states have made education a national priority and have extensive requirements in terms of human resources (there are not enough teachers), course content (which has not kept pace with changing labour markets), syllabus quality (teaching methods and materials are out of date) and the use of new technologies; calls for the authorities’ efforts to address these shortcomings to be actively supported and proposes cooperation on an ambitious scale in higher, secondary and primary education to promote greater access to education for both men and women; |
| --- | --- |

64.

Notes that the GCC member states have made education a national priority and have extensive requirements in terms of human resources (there are not enough teachers), course content (which has not kept pace with changing labour markets), syllabus quality (teaching methods and materials are out of date) and the use of new technologies; calls for the authorities’ efforts to address these shortcomings to be actively supported and proposes cooperation on an ambitious scale in higher, secondary and primary education to promote greater access to education for both men and women;

| 65. | Emphasises that this cooperation should include further support for exchange programmes for students, academics and professionals; deplores the fact that the Erasmus Mundus programme remains virtually unknown in the region as a whole, mainly because of a lack of information; welcomes the initiatives taken by French, British and German universities to establish university partnerships and exchange programmes; recalls, however, that Europe continues to lag behind the United States and Asia in this area; calls on the Commission to organise information days to promote teaching and European scientific research on the spot; insists that these exchange programmes should target students, teachers, researchers and administrative staff, while ensuring balanced gender representation; believes that exchange programmes should be established for younger age groups by targeting secondary school and high school students; |
| --- | --- |

65.

Emphasises that this cooperation should include further support for exchange programmes for students, academics and professionals; deplores the fact that the Erasmus Mundus programme remains virtually unknown in the region as a whole, mainly because of a lack of information; welcomes the initiatives taken by French, British and German universities to establish university partnerships and exchange programmes; recalls, however, that Europe continues to lag behind the United States and Asia in this area; calls on the Commission to organise information days to promote teaching and European scientific research on the spot; insists that these exchange programmes should target students, teachers, researchers and administrative staff, while ensuring balanced gender representation; believes that exchange programmes should be established for younger age groups by targeting secondary school and high school students;

| 66. | Welcomes the Al-Jisr project on EU-GCC Public Diplomacy and Outreach Activities which, with the Commission’s support, has proven to be immensely beneficial; encourages, in this connection, the High Representative/Vice-President’s staff to consider expanding public diplomacy activities in a region where the EU is still not clearly understood and mechanisms to overcome this deficit are limited; stresses the importance of developing a better communication strategy, including the need to explain EU policies and positions in Arabic, with a view to reaching a wider audience in the region; |
| --- | --- |

66.

Welcomes the Al-Jisr project on EU-GCC Public Diplomacy and Outreach Activities which, with the Commission’s support, has proven to be immensely beneficial; encourages, in this connection, the High Representative/Vice-President’s staff to consider expanding public diplomacy activities in a region where the EU is still not clearly understood and mechanisms to overcome this deficit are limited; stresses the importance of developing a better communication strategy, including the need to explain EU policies and positions in Arabic, with a view to reaching a wider audience in the region;

| 67. | Emphasises that the lack of cooperation programmes between the EU and the GCC in the field of the media is resulting in an information deficit; calls on the Commission to put forward measures to involve the GCC member states in closer cooperation in this area in order to raise the profile of the Union in the region and promote mutual understanding; |
| --- | --- |

67.

Emphasises that the lack of cooperation programmes between the EU and the GCC in the field of the media is resulting in an information deficit; calls on the Commission to put forward measures to involve the GCC member states in closer cooperation in this area in order to raise the profile of the Union in the region and promote mutual understanding;

| 68. | Considers it essential to remedy shortcomings in Europe with regard to research into and study of the Gulf states; encourages the establishment in universities of contemporary study programmes devoted to this part of the Arab world; believes that study programmes on the European Union should also be offered in universities in the region; |
| --- | --- |

68.

Considers it essential to remedy shortcomings in Europe with regard to research into and study of the Gulf states; encourages the establishment in universities of contemporary study programmes devoted to this part of the Arab world; believes that study programmes on the European Union should also be offered in universities in the region;

*

* *

| 69. | Instructs its President to forward this resolution to the President of the Council of the European Union, the President of 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 GCC Secretariat and the governments and parliaments of the GCC member states. |
| --- | --- |

69.

Instructs its President to forward this resolution to the President of the Council of the European Union, the President of 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 GCC Secretariat and the governments and parliaments of the GCC member states.

---

(1)  OJ C 259 E, 29.10.2009, p. 83.

(2)  OJ C 231, 17.9.1990, p. 216.

(3)  OJ C 76 E, 27.3.2008, p. 100.

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| 17.8.2012 | EN | Official Journal of the European Union | CE 247/11 |
| --- | --- | --- | --- |

17.8.2012

EN

Official Journal of the European Union

CE 247/11

---

Thursday 24 March 2011Appointment of the executive director of the European Banking Authority (EBA)

P7_TA(2011)0111

European Parliament resolution of 24 March 2011 on the appointment of the Executive Director of the European Supervisory Authority (European Banking Authority)

2012/C 247 E/02

The European Parliament,

| — | having regard to the letter of 10 March 2011 from the European Supervisory Authority (European Banking Authority), |
| --- | --- |

—

having regard to the letter of 10 March 2011 from the European Supervisory Authority (European Banking Authority),

| — | having regard to Article 51(2) of Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority) (1), |
| --- | --- |

—

having regard to Article 51(2) of Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority) (1),

| — | having regard to the fact that, at its meeting of 17 March 2011, the Committee on Economic and Monetary Affairs heard the candidate selected by the Board of Supervisors of the European Supervisory Authority (European Banking Authority), |
| --- | --- |

—

having regard to the fact that, at its meeting of 17 March 2011, the Committee on Economic and Monetary Affairs heard the candidate selected by the Board of Supervisors of the European Supervisory Authority (European Banking Authority),

| — | having regard to Rule 120 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 120 of its Rules of Procedure,

| A. | whereas Adam Farkas fulfils the criteria set out in Article 51(2) of Regulation (EU) No 1093/2010), |
| --- | --- |

A.

whereas Adam Farkas fulfils the criteria set out in Article 51(2) of Regulation (EU) No 1093/2010),

| 1. | Approves the appointment of Adam Farkas as Executive Director of the European Supervisory Authority (European Banking Authority); |
| --- | --- |

1.

Approves the appointment of Adam Farkas as Executive Director of the European Supervisory Authority (European Banking Authority);

| 2. | Instructs its President to forward this resolution to the European Supervisory Authority (European Banking Authority). |
| --- | --- |

2.

Instructs its President to forward this resolution to the European Supervisory Authority (European Banking Authority).

---

(1)  OJ L 331, 15.12.2010, p. 12.

---

| 17.8.2012 | EN | Official Journal of the European Union | CE 247/12 |
| --- | --- | --- | --- |

17.8.2012

EN

Official Journal of the European Union

CE 247/12

---

Thursday 24 March 2011Appointment of the executive director of the European Insurance and Occupational Pensions Authority (EIOPA)

P7_TA(2011)0112

European Parliament resolution of 24 March 2011 on the appointment of the Executive Director of the European Supervisory Authority (European Insurance and Occupational Pensions Authority)

2012/C 247 E/03

The European Parliament,

| — | having regard to the letter of 10 March 2011 from the European Supervisory Authority (European Insurance and Occupational Pensions Authority), |
| --- | --- |

—

having regard to the letter of 10 March 2011 from the European Supervisory Authority (European Insurance and Occupational Pensions Authority),

| — | having regard to Article 51(2) of Regulation (EU) No 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority) (1), |
| --- | --- |

—

having regard to Article 51(2) of Regulation (EU) No 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority) (1),

| — | having regard to the fact that, at its meeting of 17 March 2011, the Committee on Economic and Monetary Affairs heard the candidate selected by the Board of Supervisors of the European Supervisory Authority (European Insurance and Occupational Pensions Authority), |
| --- | --- |

—

having regard to the fact that, at its meeting of 17 March 2011, the Committee on Economic and Monetary Affairs heard the candidate selected by the Board of Supervisors of the European Supervisory Authority (European Insurance and Occupational Pensions Authority),

| — | having regard to Rule 120 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 120 of its Rules of Procedure,

| A. | whereas Carlos Montalvo fulfils the criteria set out in Article 51(2) of Regulation (EU) No 1094/2010), |
| --- | --- |

A.

whereas Carlos Montalvo fulfils the criteria set out in Article 51(2) of Regulation (EU) No 1094/2010),

| 1. | Approves the appointment of Carlos Montalvo as Executive Director of the European Supervisory Authority (European Insurance and Occupational Pensions Authority); |
| --- | --- |

1.

Approves the appointment of Carlos Montalvo as Executive Director of the European Supervisory Authority (European Insurance and Occupational Pensions Authority);

| 2. | Instructs its President to forward this resolution to the European Supervisory Authority (European Insurance and Occupational Pensions Authority). |
| --- | --- |

2.

Instructs its President to forward this resolution to the European Supervisory Authority (European Insurance and Occupational Pensions Authority).

---

(1)  OJ L 331, 15.12.2010, p. 48.

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| 17.8.2012 | EN | Official Journal of the European Union | CE 247/13 |
| --- | --- | --- | --- |

17.8.2012

EN

Official Journal of the European Union

CE 247/13

---

Thursday 24 March 2011Appointment of the executive director of the European Securities and Markets Authority (ESMA)

P7_TA(2011)0113

European Parliament resolution of 24 March 2011 on the appointment of the Executive Director of the European Supervisory Authority (European Securities and Markets Authority)

2012/C 247 E/04

The European Parliament,

| — | having regard to the letter of 28 February 2011 from the European Supervisory Authority (European Securities and Markets Authority), |
| --- | --- |

—

having regard to the letter of 28 February 2011 from the European Supervisory Authority (European Securities and Markets Authority),

| — | having regard to Article 51(2) of Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority) (1), |
| --- | --- |

—

having regard to Article 51(2) of Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority) (1),

| — | having regard to the fact that, at its meeting of 17 March 2011, the Committee on Economic and Monetary Affairs heard the candidate selected by the Board of Supervisors of the European Supervisory Authority (European Securities and Markets Authority), |
| --- | --- |

—

having regard to the fact that, at its meeting of 17 March 2011, the Committee on Economic and Monetary Affairs heard the candidate selected by the Board of Supervisors of the European Supervisory Authority (European Securities and Markets Authority),

| — | having regard to Rule 120 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 120 of its Rules of Procedure,

| A. | whereas Verena Ross fulfils the criteria set out in Article 51(2) of Regulation (EU) No 1095/2010), |
| --- | --- |

A.

whereas Verena Ross fulfils the criteria set out in Article 51(2) of Regulation (EU) No 1095/2010),

| 1. | Approves the appointment of Verena Ross as Executive Director of the European Supervisory Authority (European Securities and Markets Authority); |
| --- | --- |

1.

Approves the appointment of Verena Ross as Executive Director of the European Supervisory Authority (European Securities and Markets Authority);

| 2. | Instructs its President to forward this resolution to the European Supervisory Authority (European Securities and Markets Authority). |
| --- | --- |

2.

Instructs its President to forward this resolution to the European Supervisory Authority (European Securities and Markets Authority).

---

(1)  OJ L 331, 15.12.2010, p. 84.

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| 17.8.2012 | EN | Official Journal of the European Union | CE 247/13 |
| --- | --- | --- | --- |

17.8.2012

EN

Official Journal of the European Union

CE 247/13

---

Thursday 24 March 2011Preparation of 2012 budget

P7_TA(2011)0114

European Parliament resolution of 24 March 2011 on general guidelines for the preparation of the 2012 budget (2011/2042(BUD))

2012/C 247 E/05

The European Parliament,

| — | having regard to Articles 313 and 314 TFEU, |
| --- | --- |

—

having regard to Articles 313 and 314 TFEU,

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

| — | having regard to its resolution of 17 February 2011 on Europe 2020 (2), |
| --- | --- |

—

having regard to its resolution of 17 February 2011 on Europe 2020 (2),

| — | having regard to its resolution of 15 December 2010 on the Communication from the Commission on the Commission Work Programme 2011 (3), |
| --- | --- |

—

having regard to its resolution of 15 December 2010 on the Communication from the Commission on the Commission Work Programme 2011 (3),

| — | having regard to its resolution of 20 October 2010 on ‘the financial, economic and social crisis: recommendations concerning measures and initiatives to be taken (mid-term report)’ (4), |
| --- | --- |

—

having regard to its resolution of 20 October 2010 on ‘the financial, economic and social crisis: recommendations concerning measures and initiatives to be taken (mid-term report)’ (4),

| — | having regard to its resolution of 16 June 2010 on economic governance (5), |
| --- | --- |

—

having regard to its resolution of 16 June 2010 on economic governance (5),

| — | having regard to the Commission’s updated financial programming for 2007-2013, submitted in accordance with Point 46 of the aforementioned IIA of 17 May 2006, |
| --- | --- |

—

having regard to the Commission’s updated financial programming for 2007-2013, submitted in accordance with Point 46 of the aforementioned IIA of 17 May 2006,

| — | having regard to the European Union’s general budget for the 2011 financial year, |
| --- | --- |

—

having regard to the European Union’s general budget for the 2011 financial year,

| — | having regard to the Council conclusions of 15 February 2011 on the budget guidelines for 2012, |
| --- | --- |

—

having regard to the Council conclusions of 15 February 2011 on the budget guidelines for 2012,

| — | having regard to the report of the Committee on Budgets (A7-0058/2011), |
| --- | --- |

—

having regard to the report of the Committee on Budgets (A7-0058/2011),

A 2012 budget under the auspices of enhanced European economic governance, the European Semester mechanism and Europe 2020 objectives to boost growth and employment

| 1. | Takes the view that the Europe 2020 strategy should help Europe recover from the crisis and come out stronger, through smart, sustainable and inclusive growth based on the five EU headline targets, namely promoting employment, improving the conditions for – and public spending on – innovation, research and development, meeting our climate change and energy objectives, improving education levels and promoting social inclusion, in particular through the reduction of poverty; recalls that the Member States themselves have fully endorsed these five targets; |
| --- | --- |

1.

Takes the view that the Europe 2020 strategy should help Europe recover from the crisis and come out stronger, through smart, sustainable and inclusive growth based on the five EU headline targets, namely promoting employment, improving the conditions for – and public spending on – innovation, research and development, meeting our climate change and energy objectives, improving education levels and promoting social inclusion, in particular through the reduction of poverty; recalls that the Member States themselves have fully endorsed these five targets;

| 2. | Points out that some consistency must be ensured between achieving these objectives and the funding allocated to them at European and national level; insists that EU budgetary policy must be in line with this principle; takes the view that the European Semester, as a new mechanism for enhanced European economic governance, should afford an opportunity to consider how best to deliver on these five headline targets; |
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2.

Points out that some consistency must be ensured between achieving these objectives and the funding allocated to them at European and national level; insists that EU budgetary policy must be in line with this principle; takes the view that the European Semester, as a new mechanism for enhanced European economic governance, should afford an opportunity to consider how best to deliver on these five headline targets;

| 3. | Strongly believes that the European Semester should aim at improving the coordination and consistency of national and European economic and budgetary policies; takes the view that it should focus on improving synergies between European and national public investments in order better to achieve the EU’s overall political objectives; notes the fundamental differences between the structure of the EU budget and that of national budgets; believes, however, that aggregate EU and national public expenditure on common political objectives should be determined as soon as possible; |
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3.

Strongly believes that the European Semester should aim at improving the coordination and consistency of national and European economic and budgetary policies; takes the view that it should focus on improving synergies between European and national public investments in order better to achieve the EU’s overall political objectives; notes the fundamental differences between the structure of the EU budget and that of national budgets; believes, however, that aggregate EU and national public expenditure on common political objectives should be determined as soon as possible;

| 4. | Acknowledges the Council’s concern about economic and budgetary constraints at national level, but recalls, first and foremost, that under Treaty provisions the EU budget can not run a public deficit; recalls that, in 2009, the accumulated public deficit in the EU as a whole amounted to EUR 801 billion, and that the EU budget represents a mere 2 % of total public spending in the EU; |
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4.

Acknowledges the Council’s concern about economic and budgetary constraints at national level, but recalls, first and foremost, that under Treaty provisions the EU budget can not run a public deficit; recalls that, in 2009, the accumulated public deficit in the EU as a whole amounted to EUR 801 billion, and that the EU budget represents a mere 2 % of total public spending in the EU;

| 5. | Takes the view, however, that the difficult economic situation across the Union makes it more important than ever to ensure proper implementation of the EU budget, quality of spending and optimal use of existing Community financing; suggests that a thorough review should be undertaken of those lines which have a history of low outturn or where problems have arisen in implementation; |
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5.

Takes the view, however, that the difficult economic situation across the Union makes it more important than ever to ensure proper implementation of the EU budget, quality of spending and optimal use of existing Community financing; suggests that a thorough review should be undertaken of those lines which have a history of low outturn or where problems have arisen in implementation;

| 6. | Is of the opinion that the EU budget brings added value to national public expenditure when initiating, supporting and complementing investments in those policy areas which are at the core of Europe 2020; believes, moreover, that the EU budget has an instrumental role to play in helping the EU to exit the current economic and financial crisis through its capacity as a catalyst to boost investment, growth and jobs in Europe; takes the view that the EU budget could at least mitigate the effects of current restrictive national budgetary policies while supporting the efforts of national governments; stresses also that, given its redistributive nature, lowering the level of the EU budget may harm European solidarity and have an adverse impact on the pace of economic development in many Member States; believes that a purely ‘net contributor’/‘net beneficiary’ approach does not take due account of spill-over effects between EU countries and therefore undermines common EU policy goals; |
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6.

Is of the opinion that the EU budget brings added value to national public expenditure when initiating, supporting and complementing investments in those policy areas which are at the core of Europe 2020; believes, moreover, that the EU budget has an instrumental role to play in helping the EU to exit the current economic and financial crisis through its capacity as a catalyst to boost investment, growth and jobs in Europe; takes the view that the EU budget could at least mitigate the effects of current restrictive national budgetary policies while supporting the efforts of national governments; stresses also that, given its redistributive nature, lowering the level of the EU budget may harm European solidarity and have an adverse impact on the pace of economic development in many Member States; believes that a purely ‘net contributor’/‘net beneficiary’ approach does not take due account of spill-over effects between EU countries and therefore undermines common EU policy goals;

| 7. | Recalls that delivering on the Europe 2020 strategy’s seven flagship initiatives will require a huge amount of future-oriented investment, estimated at no less than EUR 1 800 billion until 2020 by the Commission in its communication entitled ‘The EU Budget Review’ (COM(2010)0700); stresses that one of the main objectives of the Europe 2020 strategy – namely, to promote jobs and high-quality employment for all Europeans – will be achieved only if the necessary investments in education, in favour of a knowledge society, research and development, innovation, SMEs and green and new technologies are made now and not delayed any longer; calls for a renewed political compromise combining the reduction of public deficits and debt with the promotion of such investments; expresses its willingness, with a view to magnifying the impact of the EU budget and contributing to the EU’s response to the economic crisis, to explore possible ways to widen existing instruments enhancing the synergy between the EU budget and EIB actions, in order to support long-term investments; welcomes, moreover, the Commission’s launch of public consultation on the ‘Europe 2020 Project Bond Initiative’; |
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7.

Recalls that delivering on the Europe 2020 strategy’s seven flagship initiatives will require a huge amount of future-oriented investment, estimated at no less than EUR 1 800 billion until 2020 by the Commission in its communication entitled ‘The EU Budget Review’ (COM(2010)0700); stresses that one of the main objectives of the Europe 2020 strategy – namely, to promote jobs and high-quality employment for all Europeans – will be achieved only if the necessary investments in education, in favour of a knowledge society, research and development, innovation, SMEs and green and new technologies are made now and not delayed any longer; calls for a renewed political compromise combining the reduction of public deficits and debt with the promotion of such investments; expresses its willingness, with a view to magnifying the impact of the EU budget and contributing to the EU’s response to the economic crisis, to explore possible ways to widen existing instruments enhancing the synergy between the EU budget and EIB actions, in order to support long-term investments; welcomes, moreover, the Commission’s launch of public consultation on the ‘Europe 2020 Project Bond Initiative’;

| 8. | Opposes, therefore, attempts to limit or reduce budget appropriations linked to the delivery of the Europe 2020 strategy’s headline targets and seven flagship initiatives; notes that any such attempt would be counter-productive, most likely resulting in the failure of Europe 2020, as was the case for the Lisbon Strategy; takes the view that the Europe 2020 strategy can be credible only if adequately funded, and recalls that the EP has on numerous occasions raised this serious political concern; reiterates its strong request for the Commission to clarify the budgetary dimension of the flagship initiatives, and to inform Parliament of the budgetary means needed for the implementation of the Europe 2020 strategy; |
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8.

Opposes, therefore, attempts to limit or reduce budget appropriations linked to the delivery of the Europe 2020 strategy’s headline targets and seven flagship initiatives; notes that any such attempt would be counter-productive, most likely resulting in the failure of Europe 2020, as was the case for the Lisbon Strategy; takes the view that the Europe 2020 strategy can be credible only if adequately funded, and recalls that the EP has on numerous occasions raised this serious political concern; reiterates its strong request for the Commission to clarify the budgetary dimension of the flagship initiatives, and to inform Parliament of the budgetary means needed for the implementation of the Europe 2020 strategy;

| 9. | Highlights the fact that budgetary measures are not the only factor in achieving the Europe 2020 strategy’s targets, but that budgetary efforts must be supplemented by concrete proposals for simplification in order to create the environment needed in order to achieve our goals in the fields of employment, research and innovation, including green and energy technologies; is equally convinced that achieving the Europe 2020 objectives, including the creation of new green jobs, is a question not only of increased budgetary means, but also of a qualitative refocusing of existing EU policies, including the CAP, by taking due account of sustainability criteria; |
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9.

Highlights the fact that budgetary measures are not the only factor in achieving the Europe 2020 strategy’s targets, but that budgetary efforts must be supplemented by concrete proposals for simplification in order to create the environment needed in order to achieve our goals in the fields of employment, research and innovation, including green and energy technologies; is equally convinced that achieving the Europe 2020 objectives, including the creation of new green jobs, is a question not only of increased budgetary means, but also of a qualitative refocusing of existing EU policies, including the CAP, by taking due account of sustainability criteria;

| 10. | Takes the view, moreover, that 2012 budget appropriations, including in those areas not directly linked to the achievement of the Europe 2020 strategy, need to be kept at an appropriate level to ensure the continuation of EU policies and the achievement of EU objectives well beyond the duration of the current economic crisis; |
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10.

Takes the view, moreover, that 2012 budget appropriations, including in those areas not directly linked to the achievement of the Europe 2020 strategy, need to be kept at an appropriate level to ensure the continuation of EU policies and the achievement of EU objectives well beyond the duration of the current economic crisis;

| 11. | Calls for greater coherence between external and internal EU policies, bearing in mind the major impact of global developments on the EU’s economic, natural and industrial environment, competitiveness and employment; underlines, therefore, the need to endow the EU with the necessary financial means to be able to respond adequately to growing global challenges and to defend and promote its common interests and core values – like human rights, democracy, the rule of law, fundamental freedoms and environmental protection – effectively; recalls that moderate additional expenditure at EU level can often generate proportionately higher savings at Member State level; |
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11.

Calls for greater coherence between external and internal EU policies, bearing in mind the major impact of global developments on the EU’s economic, natural and industrial environment, competitiveness and employment; underlines, therefore, the need to endow the EU with the necessary financial means to be able to respond adequately to growing global challenges and to defend and promote its common interests and core values – like human rights, democracy, the rule of law, fundamental freedoms and environmental protection – effectively; recalls that moderate additional expenditure at EU level can often generate proportionately higher savings at Member State level;

| 12. | Believes that the EU has an important role to play in assisting and financially supporting Arab countries at this historical point in their democratic development and economic and social transformation; welcomes, in this connection, the Commission communication entitled ‘A partnership for democracy and shared prosperity with the southern Mediterranean’ (COM(2011)0200)); |
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12.

Believes that the EU has an important role to play in assisting and financially supporting Arab countries at this historical point in their democratic development and economic and social transformation; welcomes, in this connection, the Commission communication entitled ‘A partnership for democracy and shared prosperity with the southern Mediterranean’ (COM(2011)0200));

| 13. | Deplores the absence of any parliamentary dimension to the first European Semester exercise, despite the role that the European Parliament and the 27 national parliaments play in their respective budgetary procedures; is, instead, firmly convinced that stronger parliamentary involvement would significantly improve the democratic nature and transparency of such an exercise; supports the initiative of its Committee on Budgets to organise, as a first step, a meeting with national parliaments in order to discuss the general outline of the 2012 budgets of the Member States and of the EU; |
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13.

Deplores the absence of any parliamentary dimension to the first European Semester exercise, despite the role that the European Parliament and the 27 national parliaments play in their respective budgetary procedures; is, instead, firmly convinced that stronger parliamentary involvement would significantly improve the democratic nature and transparency of such an exercise; supports the initiative of its Committee on Budgets to organise, as a first step, a meeting with national parliaments in order to discuss the general outline of the 2012 budgets of the Member States and of the EU;

| 14. | Welcomes the Hungarian and Polish presidencies’ public commitments to enter into an open and constructive dialogue with the EP on budget matters in 2011; reaffirms its willingness to work in close cooperation with the Council and the Commission in full accordance with the provisions of the Lisbon Treaty; expects that the present guidelines will be taken into account fully during the 2012 budgetary procedure; |
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14.

Welcomes the Hungarian and Polish presidencies’ public commitments to enter into an open and constructive dialogue with the EP on budget matters in 2011; reaffirms its willingness to work in close cooperation with the Council and the Commission in full accordance with the provisions of the Lisbon Treaty; expects that the present guidelines will be taken into account fully during the 2012 budgetary procedure;

Sustainability and responsibility at the heart of the 2012 EU budget

| 15. | Notes that, for 2012, the Multiannual Financial Framework (MFF) for 2007-2013 provides for an overall level of commitment appropriations (CA) of EUR 147,55 billion and an overall ceiling for payment appropriations (PA) of EUR 141,36 billion; recalls that these amounts are in any case considerably lower (by around EUR 25 billion in the case of CA, and around EUR 22 billion in the case of PA) than the ceiling specified in the current Own Resources Decision; |
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15.

Notes that, for 2012, the Multiannual Financial Framework (MFF) for 2007-2013 provides for an overall level of commitment appropriations (CA) of EUR 147,55 billion and an overall ceiling for payment appropriations (PA) of EUR 141,36 billion; recalls that these amounts are in any case considerably lower (by around EUR 25 billion in the case of CA, and around EUR 22 billion in the case of PA) than the ceiling specified in the current Own Resources Decision;

| 16. | Stresses that the financial programming presented by the Commission on 31 January 2011 represents an indicative reference envelope for commitment appropriations for each of the existing EU programmes and actions; takes note that the overall level of commitment appropriations may be set at EUR 147,88 billion; |
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16.

Stresses that the financial programming presented by the Commission on 31 January 2011 represents an indicative reference envelope for commitment appropriations for each of the existing EU programmes and actions; takes note that the overall level of commitment appropriations may be set at EUR 147,88 billion;

| 17. | Underlines that these figures constitute a yearly breakdown of multiannual global amounts agreed upon by both Parliament and the Council when these programmes and actions were adopted; stresses that the annual amounts programmed represent appropriations which allow for achieving EU objectives and priorities, notably in the context of Europe 2020; acknowledges, however, that some room for manoeuvre may appear under certain headings of the MFF, given the very provisional indicative figures (in particular under Heading 2) put forward by the Commission at that point in the year; |
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17.

Underlines that these figures constitute a yearly breakdown of multiannual global amounts agreed upon by both Parliament and the Council when these programmes and actions were adopted; stresses that the annual amounts programmed represent appropriations which allow for achieving EU objectives and priorities, notably in the context of Europe 2020; acknowledges, however, that some room for manoeuvre may appear under certain headings of the MFF, given the very provisional indicative figures (in particular under Heading 2) put forward by the Commission at that point in the year;

| 18. | Points out that the 2012 budget is the sixth of seven under the current MFF; believes that the two arms of the budgetary authority now have, therefore, a clearer view of the shortfalls and positive developments associated with existing multiannual programmes; notes that the mid-term reviews of most co-decided programmes have already taken place, and calls on the Commission to present any budgetary implications resulting from this exercise; emphasises, in this connection, that the EP is determined – should it prove necessary in order to support and enhance EU political priorities as well as to address new political needs and in close cooperation with its specialised committees – to make full use of, inter alia, Point 37 of the IIA (allowing a 5 % margin of legislative flexibility); |
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18.

Points out that the 2012 budget is the sixth of seven under the current MFF; believes that the two arms of the budgetary authority now have, therefore, a clearer view of the shortfalls and positive developments associated with existing multiannual programmes; notes that the mid-term reviews of most co-decided programmes have already taken place, and calls on the Commission to present any budgetary implications resulting from this exercise; emphasises, in this connection, that the EP is determined – should it prove necessary in order to support and enhance EU political priorities as well as to address new political needs and in close cooperation with its specialised committees – to make full use of, inter alia, Point 37 of the IIA (allowing a 5 % margin of legislative flexibility);

| 19. | Highlights the fact that leaving sufficient margins below all MFF headings is not the only solution in order to address unforeseen circumstances; points out the recurrent under-financing of certain headings of the MFF, in particular Headings 1a, 3b and 4, as compared to the needs and EU political priorities endorsed by the Member States; finds that the approach underpinning the Council’s budget guidelines for 2012 does not reflect a long-term perspective and could put existing actions and programmes at risk, should unforeseen events or new political priorities arise; stresses that recent events in several North African countries are already pointing in that direction, and invites the Commission to asses how the EU’s existing financial instruments could be used to support aspirations to democracy; |
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19.

Highlights the fact that leaving sufficient margins below all MFF headings is not the only solution in order to address unforeseen circumstances; points out the recurrent under-financing of certain headings of the MFF, in particular Headings 1a, 3b and 4, as compared to the needs and EU political priorities endorsed by the Member States; finds that the approach underpinning the Council’s budget guidelines for 2012 does not reflect a long-term perspective and could put existing actions and programmes at risk, should unforeseen events or new political priorities arise; stresses that recent events in several North African countries are already pointing in that direction, and invites the Commission to asses how the EU’s existing financial instruments could be used to support aspirations to democracy;

| 20. | Believes, on the contrary, that the various flexibility mechanisms foreseen by the IIA (such as shifting expenditure between headings or mobilising the flexibility instrument) are tools to be used fully; recalls that they have had to be used every year since 2007 in response to various challenges that have arisen; expects the Council’s to give its full cooperation in using them, and to enter into such discussions at an early stage in order to avoid disproportionately long and difficult negotiations on their mobilisation; |
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20.

Believes, on the contrary, that the various flexibility mechanisms foreseen by the IIA (such as shifting expenditure between headings or mobilising the flexibility instrument) are tools to be used fully; recalls that they have had to be used every year since 2007 in response to various challenges that have arisen; expects the Council’s to give its full cooperation in using them, and to enter into such discussions at an early stage in order to avoid disproportionately long and difficult negotiations on their mobilisation;

| 21. | Stresses, in this connection, that keeping commitment appropriations under strict control would require not only significant redeployments and reprioritisation, but also the joint identification of possible negative priorities and savings by the institutions; strongly urges its specialised committees seriously to embark on the process of determining clear political priorities in all EU policy fields; highlights, however, the fact that, to this end, greater budgetary flexibility is needed, and that a revision of the MFF (for example, offsetting between headings of the current MFF) may be a necessity for the Union’s ability to function, not only in terms of facing the new challenges but also with a view to facilitating the decision-making process within the institutions in order to align budgetary resources with evolving circumstances and priorities; emphasises that this process must be fully transparent; |
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21.

Stresses, in this connection, that keeping commitment appropriations under strict control would require not only significant redeployments and reprioritisation, but also the joint identification of possible negative priorities and savings by the institutions; strongly urges its specialised committees seriously to embark on the process of determining clear political priorities in all EU policy fields; highlights, however, the fact that, to this end, greater budgetary flexibility is needed, and that a revision of the MFF (for example, offsetting between headings of the current MFF) may be a necessity for the Union’s ability to function, not only in terms of facing the new challenges but also with a view to facilitating the decision-making process within the institutions in order to align budgetary resources with evolving circumstances and priorities; emphasises that this process must be fully transparent;

| 22. | Emphasises that the strengthening of a number of policies and the new competences established at EU level following the entry into force of the Lisbon Treaty should logically imply additional financial capacity for the EU, which was hardly the case for 2011, the first year after its entry into force; reminds the Council and the Commission of the political declaration annexed to the 2011 budget, whereby the Commission undertakes to consider ways to strengthen the Lisbon Treaty priority areas and thoroughly to assess the needs when preparing the draft budget for 2012; expects the Commission to follow suit by, for example, proposing to turn successful Lisbon-related pilot projects or preparatory actions into multiannual programmes; |
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22.

Emphasises that the strengthening of a number of policies and the new competences established at EU level following the entry into force of the Lisbon Treaty should logically imply additional financial capacity for the EU, which was hardly the case for 2011, the first year after its entry into force; reminds the Council and the Commission of the political declaration annexed to the 2011 budget, whereby the Commission undertakes to consider ways to strengthen the Lisbon Treaty priority areas and thoroughly to assess the needs when preparing the draft budget for 2012; expects the Commission to follow suit by, for example, proposing to turn successful Lisbon-related pilot projects or preparatory actions into multiannual programmes;

| 23. | Considers the Commission’s approach to determining EU decentralised agencies’ subsidies from the EU budget to be reliable and to provide the right incentives; stresses that EU agencies’ budget allocations are far from being confined to administrative expenditure alone, but instead contribute to achieving the Europe 2020 goals and EU objectives in general, as decided by the legislative authority; reaffirms the need to examine requests for new posts carefully in relation to newly assigned tasks; underlines, however, the importance of adequate funding for those agencies whose tasks have been increased, so as not to hinder their performance; calls for a specific approach in respect of the recruitment of specialised scientific staff with professional experience, especially when these posts are financed exclusively by fees and are thus budget-neutral for the EU budget; supports the work carried out by the interinstitutional working group on the future of agencies, which was set up in early 2009, and looks forward to its conclusions, notably on the above mentioned points; |
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23.

Considers the Commission’s approach to determining EU decentralised agencies’ subsidies from the EU budget to be reliable and to provide the right incentives; stresses that EU agencies’ budget allocations are far from being confined to administrative expenditure alone, but instead contribute to achieving the Europe 2020 goals and EU objectives in general, as decided by the legislative authority; reaffirms the need to examine requests for new posts carefully in relation to newly assigned tasks; underlines, however, the importance of adequate funding for those agencies whose tasks have been increased, so as not to hinder their performance; calls for a specific approach in respect of the recruitment of specialised scientific staff with professional experience, especially when these posts are financed exclusively by fees and are thus budget-neutral for the EU budget; supports the work carried out by the interinstitutional working group on the future of agencies, which was set up in early 2009, and looks forward to its conclusions, notably on the above mentioned points;

Level of payments, RAL and financing of the EU budget

| 24. | Notes that the 2012 level of payments will result directly from previous years’ legal and political commitments; believes that an increase compared to the 2011 budget level is foreseeable and in line with the general profile of payments over the 2007-2013 programming period (see tables in annex); |
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24.

Notes that the 2012 level of payments will result directly from previous years’ legal and political commitments; believes that an increase compared to the 2011 budget level is foreseeable and in line with the general profile of payments over the 2007-2013 programming period (see tables in annex);

| 25. | Emphasises the urgent need to address the issue of the growing level of outstanding commitments (RAL) at the end of 2010 (EUR 194 billion, see table in annex); regrets the attitude adopted by the Council in deciding on the level of payments a priori, without taking into account an accurate assessment of the actual needs; highlights the fact that the level of RAL is particularly high under Heading 1b; does not consider the Council’s option of reducing EU budget commitments in order to decrease the level of RAL to be a sustainable solution, since this would be detrimental to the achievement of previously agreed EU objectives and priorities; underlines, in this connection, the Council’s commitment to a joint declaration with Parliament on the possibility of resolving needs in payments which arise in the course of 2011 by means of an amending budget; |
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25.

Emphasises the urgent need to address the issue of the growing level of outstanding commitments (RAL) at the end of 2010 (EUR 194 billion, see table in annex); regrets the attitude adopted by the Council in deciding on the level of payments a priori, without taking into account an accurate assessment of the actual needs; highlights the fact that the level of RAL is particularly high under Heading 1b; does not consider the Council’s option of reducing EU budget commitments in order to decrease the level of RAL to be a sustainable solution, since this would be detrimental to the achievement of previously agreed EU objectives and priorities; underlines, in this connection, the Council’s commitment to a joint declaration with Parliament on the possibility of resolving needs in payments which arise in the course of 2011 by means of an amending budget;

| 26. | Emphasises that a certain level of RAL is unavoidable when multiannual programmes are implemented, and that the existence of outstanding commitments by definition requires corresponding payments to be made; requests, therefore, that an orderly relationship between commitments and payments be maintained, and will do its utmost throughout the budgetary procedure to reduce the discrepancy between commitment and payment appropriations; |
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26.

Emphasises that a certain level of RAL is unavoidable when multiannual programmes are implemented, and that the existence of outstanding commitments by definition requires corresponding payments to be made; requests, therefore, that an orderly relationship between commitments and payments be maintained, and will do its utmost throughout the budgetary procedure to reduce the discrepancy between commitment and payment appropriations;

| 27. | Shares the Council’s view that realistic budgeting should be promoted; calls on the Commission to ensure that its draft budget is based on this principle; notes, however, that past implementation, which has improved in recent years, may not constitute a very accurate indicator of 2012 needs in some cases, since the implementation of some programmes could speed up in 2012, and payment needs increase accordingly; endorses the Council’s call for the Member States to provide better implementation forecasts, notably with a view to avoiding under-implementation, and takes the view that the bulk of the effort in this respect should be undertaken by the Member States themselves, since the level of the Commission’s draft budget is determined mainly by their own forecasts (particularly under Heading 2) and their implementation capacity; recalls that the Member States co-manage, together with the Commission, more than 80 % of EU funding; reminds the Member States of their legal responsibility in defining and enforcing financial rules applicable to the recipients of EU funding; |
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27.

Shares the Council’s view that realistic budgeting should be promoted; calls on the Commission to ensure that its draft budget is based on this principle; notes, however, that past implementation, which has improved in recent years, may not constitute a very accurate indicator of 2012 needs in some cases, since the implementation of some programmes could speed up in 2012, and payment needs increase accordingly; endorses the Council’s call for the Member States to provide better implementation forecasts, notably with a view to avoiding under-implementation, and takes the view that the bulk of the effort in this respect should be undertaken by the Member States themselves, since the level of the Commission’s draft budget is determined mainly by their own forecasts (particularly under Heading 2) and their implementation capacity; recalls that the Member States co-manage, together with the Commission, more than 80 % of EU funding; reminds the Member States of their legal responsibility in defining and enforcing financial rules applicable to the recipients of EU funding;

| 28. | Points out that, since the entry into force of the Lisbon Treaty, the protection of financial interests has also been the responsibility of the Member States; emphasises the European Court of Auditors’ finding that the management and control systems in some of the Member States are not fully effective; recalls furthermore, that wrongly spent structural funding amounting to billions of euros has not yet been recovered; notes that DG REGIO’s current annual report cannot declare the legality and regularity of the Member States’ expenditure, because some Member States have not complied with their obligation to submit their reports on time; points out that, as a result of the Member States’ ongoing under-financing of the EU budget, Parliament may be forced to identify negative priorities among EU projects, and subsequently to cut their budgets; |
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28.

Points out that, since the entry into force of the Lisbon Treaty, the protection of financial interests has also been the responsibility of the Member States; emphasises the European Court of Auditors’ finding that the management and control systems in some of the Member States are not fully effective; recalls furthermore, that wrongly spent structural funding amounting to billions of euros has not yet been recovered; notes that DG REGIO’s current annual report cannot declare the legality and regularity of the Member States’ expenditure, because some Member States have not complied with their obligation to submit their reports on time; points out that, as a result of the Member States’ ongoing under-financing of the EU budget, Parliament may be forced to identify negative priorities among EU projects, and subsequently to cut their budgets;

| 29. | Is aware that the level of payments finally implemented every year sometimes entails a significant so-called ‘surplus’ compared with the level of payments originally agreed by the budget authority, meaning that Member States’ national contributions to the EU budget are therefore decreased accordingly, and their fiscal positions improved; does not consider the Council’s concerns as to the level and timing of this ‘return’ relevant in addressing the sensitive underlying political issue of the financing of the EU budget; is, rather, of the opinion that unspent payments from year ‘n’ should be carried over to the following budget year (‘n+1’) rather than being deducted from the calculation of Member States’ national contributions; strongly urges the Commission, therefore, to make ambitious proposals for the establishment of new and genuine own resources, so as fully to provide the EU with real and autonomous financial resources; insists, moreover, that any new own resources should be based on a comprehensive impact assessment, and aimed at developing ways to strengthen the EU’s competitiveness and economic growth; asks the Council to cooperate constructively in the debate on fair and new own resources for the EU; |
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29.

Is aware that the level of payments finally implemented every year sometimes entails a significant so-called ‘surplus’ compared with the level of payments originally agreed by the budget authority, meaning that Member States’ national contributions to the EU budget are therefore decreased accordingly, and their fiscal positions improved; does not consider the Council’s concerns as to the level and timing of this ‘return’ relevant in addressing the sensitive underlying political issue of the financing of the EU budget; is, rather, of the opinion that unspent payments from year ‘n’ should be carried over to the following budget year (‘n+1’) rather than being deducted from the calculation of Member States’ national contributions; strongly urges the Commission, therefore, to make ambitious proposals for the establishment of new and genuine own resources, so as fully to provide the EU with real and autonomous financial resources; insists, moreover, that any new own resources should be based on a comprehensive impact assessment, and aimed at developing ways to strengthen the EU’s competitiveness and economic growth; asks the Council to cooperate constructively in the debate on fair and new own resources for the EU;

Administrative expenditure under Section III of the EU budget

| 30. | Takes due account of the letter dated 3 February 2011 from the Commissioner for Financial Programming and Budget, reaffirming the Commission’s commitment to zero staff increase as well as its endeavour to limit the nominal increase (as compared with 2011) in administrative appropriations under Heading 5; is aware, however, that while EU competences keep on increasing, this trend may not be sustainable in the long term and may have an adverse impact on the swift and effective implementation of EU actions; |
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30.

Takes due account of the letter dated 3 February 2011 from the Commissioner for Financial Programming and Budget, reaffirming the Commission’s commitment to zero staff increase as well as its endeavour to limit the nominal increase (as compared with 2011) in administrative appropriations under Heading 5; is aware, however, that while EU competences keep on increasing, this trend may not be sustainable in the long term and may have an adverse impact on the swift and effective implementation of EU actions;

| 31. | Calls on the Commission to consider the long-term impact of its outsourcing policy, and of its approach of employing a growing number of contract agents, on the quality and independence of the European civil service; underlines that although this generates savings on salaries and pensions, it leads to a situation whereby an increasing number of staff employed by the Commission are not included in its establishment plan; recalls that pension and salary levels are determined by legally binding agreements with which the Commission has to comply in their entirety; |
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31.

Calls on the Commission to consider the long-term impact of its outsourcing policy, and of its approach of employing a growing number of contract agents, on the quality and independence of the European civil service; underlines that although this generates savings on salaries and pensions, it leads to a situation whereby an increasing number of staff employed by the Commission are not included in its establishment plan; recalls that pension and salary levels are determined by legally binding agreements with which the Commission has to comply in their entirety;

| 32. | Highlights the fact that, in the case of multi-annual programmes, some specific administrative expenditure (including that of executive agencies) is included in the programmes’ overall financial envelope along with so-called ‘operational expenditure’; points out that the Council’s habit of cutting these budget lines horizontally with the aim of reducing administrative expenditure would inevitably end up modifying the entire co-decided envelope for these programmes, and risk affecting the swiftness and quality of their implementation; |
| --- | --- |

32.

Highlights the fact that, in the case of multi-annual programmes, some specific administrative expenditure (including that of executive agencies) is included in the programmes’ overall financial envelope along with so-called ‘operational expenditure’; points out that the Council’s habit of cutting these budget lines horizontally with the aim of reducing administrative expenditure would inevitably end up modifying the entire co-decided envelope for these programmes, and risk affecting the swiftness and quality of their implementation;

*

* *

| 33. | Instructs its President to forward this resolution to the Commission, the Council and the Court of Auditors. |
| --- | --- |

33.

Instructs its President to forward this resolution to the Commission, the Council and the Court of Auditors.

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

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

(3)  Texts adopted, P7_TA(2010)0481.

(4)  Texts adopted, P7_TA(2010)0376.

(5)  Texts adopted, P7_TA(2010)0224.

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Thursday 24 March 2011ANNEX

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| 17.8.2012 | EN | Official Journal of the European Union | CE 247/20 |
| --- | --- | --- | --- |

17.8.2012

EN

Official Journal of the European Union

CE 247/20

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Thursday 24 March 2011Situation in Japan, including the nuclear power plant alerts

P7_TA(2011)0118

European Parliament resolution of 24 March 2011 on the situation in Japan, particularly the state of alert at the nuclear power stations

2012/C 247 E/06

The European Parliament,

| — | having regard to Rule 110(2) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 110(2) of its Rules of Procedure,

| A. | having regard to the devastating earthquake and the tsunami which struck Japan and the Pacific region on 11 March 2011, resulting in the death or disappearance of thousands of people and causing considerable material damage, |
| --- | --- |

A.

having regard to the devastating earthquake and the tsunami which struck Japan and the Pacific region on 11 March 2011, resulting in the death or disappearance of thousands of people and causing considerable material damage,

| B. | whereas this disaster caused an extremely serious nuclear accident, which is affecting Fukushima nuclear power station and constitutes a fresh threat, |
| --- | --- |

B.

whereas this disaster caused an extremely serious nuclear accident, which is affecting Fukushima nuclear power station and constitutes a fresh threat,

| C. | whereas the Prime Minister of Japan, Naoto Kan, has stated that the country is facing its most serious crisis in 65 years, since the Second World War, |
| --- | --- |

C.

whereas the Prime Minister of Japan, Naoto Kan, has stated that the country is facing its most serious crisis in 65 years, since the Second World War,

| 1. | Expresses its most complete solidarity with the Japanese people and government and presents its sincere condolences to the victims of this threefold disaster, bearing in mind that the human losses and material damage have not yet been fully assessed; welcomes the mobilisation, courage and determination of the Japanese people and of the authorities in response to this disaster; |
| --- | --- |

1.

Expresses its most complete solidarity with the Japanese people and government and presents its sincere condolences to the victims of this threefold disaster, bearing in mind that the human losses and material damage have not yet been fully assessed; welcomes the mobilisation, courage and determination of the Japanese people and of the authorities in response to this disaster;

| 2. | Calls on the Union and its Member States, as a priority, to give Japan and the disaster regions all necessary humanitarian, technical and financial aid and support and welcomes the fact that the Union immediately activated its Civil Protection Mechanism to coordinate its emergency aid; |
| --- | --- |

2.

Calls on the Union and its Member States, as a priority, to give Japan and the disaster regions all necessary humanitarian, technical and financial aid and support and welcomes the fact that the Union immediately activated its Civil Protection Mechanism to coordinate its emergency aid;

| 3. | Instructs its President to forward this resolution to the Council, the Commission and the Japanese authorities. |
| --- | --- |

3.

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

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Parliament

Thursday 24 March 2011

| 17.8.2012 | EN | Official Journal of the European Union | CE 247/21 |
| --- | --- | --- | --- |

17.8.2012

EN

Official Journal of the European Union

CE 247/21

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Thursday 24 March 2011Exercise of Parliament's rights vis-à-vis the Court of Justice (interpretation of Rule 128 of the Rules of Procedure)

P7_TA(2011)0119

European Parliament decision of 24 March 2011 concerning the exercise of Parliament's rights vis-à-vis the Court of Justice (interpretation of Rule 128 of the Rules of Procedure)

2012/C 247 E/07

The European Parliament,

| — | having regard to the letter of 22 March 2011 from the Chair of the Committee on Constitutional Affairs, |
| --- | --- |

—

having regard to the letter of 22 March 2011 from the Chair of the Committee on Constitutional Affairs,

| — | having regard to Rule 211 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 211 of its Rules of Procedure,

| 1. | Decides to append the following interpretation to Rule 128:
  ‘Rule 90(6) of the Rules of Procedure lays down a specific procedure by means of which Parliament can take a decision on whether to exercise its prerogative, pursuant to Article 218(11) TFEU, to seek an opinion from the Court of Justice on the compatibility of an international agreement with the Treaties; that provision constitutes a “lex specialis” which takes precedence over the general provision laid down in Rule 128 of the Rules of Procedure.
  When a decision must be taken as to whether Parliament should exercise its rights vis-à-vis the Court of Justice of the European Union, and the act in question is not covered by Rule 128 of the Rules of Procedure, the procedure provided for in this rule should apply, mutatis mutandis.’; |
| --- | --- |

1.

Decides to append the following interpretation to Rule 128:

‘Rule 90(6) of the Rules of Procedure lays down a specific procedure by means of which Parliament can take a decision on whether to exercise its prerogative, pursuant to Article 218(11) TFEU, to seek an opinion from the Court of Justice on the compatibility of an international agreement with the Treaties; that provision constitutes a “lex specialis” which takes precedence over the general provision laid down in Rule 128 of the Rules of Procedure.

When a decision must be taken as to whether Parliament should exercise its rights vis-à-vis the Court of Justice of the European Union, and the act in question is not covered by Rule 128 of the Rules of Procedure, the procedure provided for in this rule should apply, mutatis mutandis.’;

| 2. | Instructs its President to forward this decision to the Council, the Commission and the Court of Justice of the European Union, for information. |
| --- | --- |

2.

Instructs its President to forward this decision to the Council, the Commission and the Court of Justice of the European Union, for information.

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III Preparatory acts

EUROPEAN PARLIAMENT

Wednesday 23 March 2011

| 17.8.2012 | EN | Official Journal of the European Union | CE 247/22 |
| --- | --- | --- | --- |

17.8.2012

EN

Official Journal of the European Union

CE 247/22

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Wednesday 23 March 2011Amendment of the Treaty on the Functioning of the European Union with regard to a stability mechanism for Member States whose currency is the euro *

P7_TA(2011)0103

European Parliament resolution of 23 March 2011 on the draft European Council decision amending Article 136 of the Treaty on the Functioning of the European Union with regard to a stability mechanism for Member States whose currency is the euro (00033/2010 – C7-0014/2011 – 2010/0821(NLE))

2012/C 247 E/08

The European Parliament,

| — | having regard to Article 48(6) and Article 48(2) of the Treaty on European Union (TEU), |
| --- | --- |

—

having regard to Article 48(6) and Article 48(2) of the Treaty on European Union (TEU),

| — | having regard to the final report of the Task Force to the European Council on ‘Strengthening Economic Governance in the EU’, |
| --- | --- |

—

having regard to the final report of the Task Force to the European Council on ‘Strengthening Economic Governance in the EU’,

| — | having regard to the draft European Council decision amending Article 136 of the Treaty on the Functioning of the European Union (TFEU), as submitted to the European Council on 16 December 2010 (00033/2010 – C7-0014/2011), |
| --- | --- |

—

having regard to the draft European Council decision amending Article 136 of the Treaty on the Functioning of the European Union (TFEU), as submitted to the European Council on 16 December 2010 (00033/2010 – C7-0014/2011),

| — | having regard to the letters from the Presidents of the European Council and of the Euro Group and the Commissioner responsible for monetary policy, annexed to this resolution, |
| --- | --- |

—

having regard to the letters from the Presidents of the European Council and of the Euro Group and the Commissioner responsible for monetary policy, annexed to this resolution,

| — | having regard to Rule 74b of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 74b of its Rules of Procedure,

| — | having regard to the letter of 18 February 2011 from the Committee on Budgets to the Committee on Constitutional Affairs, |
| --- | --- |

—

having regard to the letter of 18 February 2011 from the Committee on Budgets to the Committee on Constitutional Affairs,

| — | having regard to the report of the Committee on Constitutional Affairs and the opinion of the Committee on Economic and Monetary Affairs (A7-0052/2011), |
| --- | --- |

—

having regard to the report of the Committee on Constitutional Affairs and the opinion of the Committee on Economic and Monetary Affairs (A7-0052/2011),

| A. | whereas Article 3(4) TEU states: ‘The Union shall establish an economic and monetary union whose currency is the euro’, |
| --- | --- |

A.

whereas Article 3(4) TEU states: ‘The Union shall establish an economic and monetary union whose currency is the euro’,

| B. | whereas the United Kingdom has opted out of the single currency, |
| --- | --- |

B.

whereas the United Kingdom has opted out of the single currency,

| C. | whereas, under Article 3(1) TFEU, ‘monetary policy for the Member States whose currency is the euro’ is an exclusive competence of the Union, |
| --- | --- |

C.

whereas, under Article 3(1) TFEU, ‘monetary policy for the Member States whose currency is the euro’ is an exclusive competence of the Union,

| D. | whereas Article 5(1) TFEU provides: ‘The Member States shall coordinate their economic policies within the Union’, with specific provisions applying to those Member States whose currency is the euro, |
| --- | --- |

D.

whereas Article 5(1) TFEU provides: ‘The Member States shall coordinate their economic policies within the Union’, with specific provisions applying to those Member States whose currency is the euro,

| E. | whereas the draft European Council decision, if adopted, might lead to the constitution of a mechanism completely outside the Union's sphere, without any role being assigned to the Union institutions as such, |
| --- | --- |

E.

whereas the draft European Council decision, if adopted, might lead to the constitution of a mechanism completely outside the Union's sphere, without any role being assigned to the Union institutions as such,

| F. | whereas participation by the Union institutions in the new European stability mechanism should be fully ensured and permanently safeguarded and a link should be established for the possible intervention of the Union budget in the guarantee system, |
| --- | --- |

F.

whereas participation by the Union institutions in the new European stability mechanism should be fully ensured and permanently safeguarded and a link should be established for the possible intervention of the Union budget in the guarantee system,

| G. | whereas all possibilities should be explored with a view to bringing the European stability mechanism fully into the institutional framework of the Union and providing for the involvement in it of those Member States whose currency is not the euro; whereas this may include recourse to Article 20 TEU on enhanced cooperation, where this is appropriate in order to ensure the consistency of the Union’s economic policy, |
| --- | --- |

G.

whereas all possibilities should be explored with a view to bringing the European stability mechanism fully into the institutional framework of the Union and providing for the involvement in it of those Member States whose currency is not the euro; whereas this may include recourse to Article 20 TEU on enhanced cooperation, where this is appropriate in order to ensure the consistency of the Union’s economic policy,

| H. | whereas the rules governing the European stability mechanism should preferably be proposed by the Commission, and should ensure appropriate audit, accountability and transparency arrangements, |
| --- | --- |

H.

whereas the rules governing the European stability mechanism should preferably be proposed by the Commission, and should ensure appropriate audit, accountability and transparency arrangements,

| I. | whereas the European stability mechanism should be accompanied by the strengthening of the preventive and corrective arm of the Stability and Growth Pact (SGP), and by measures relating to medium and long-term competitiveness and tackling macro-economic imbalances between Member States, |
| --- | --- |

I.

whereas the European stability mechanism should be accompanied by the strengthening of the preventive and corrective arm of the Stability and Growth Pact (SGP), and by measures relating to medium and long-term competitiveness and tackling macro-economic imbalances between Member States,

| J. | whereas, as a complement to the European stability mechanism, the Union should promote a consolidated Eurobonds market, |
| --- | --- |

J.

whereas, as a complement to the European stability mechanism, the Union should promote a consolidated Eurobonds market,

| K. | whereas the Commission should present proposals for legislation and where necessary Treaty revision, with a view to building, over the medium term, a system of economic government for the Union, and in particular for the euro area, which would strengthen the cohesion and competitiveness of the economy and stabilise the financial system, |
| --- | --- |

K.

whereas the Commission should present proposals for legislation and where necessary Treaty revision, with a view to building, over the medium term, a system of economic government for the Union, and in particular for the euro area, which would strengthen the cohesion and competitiveness of the economy and stabilise the financial system,

| L. | whereas Article 48(6) TEU allows the European Council, after consulting Parliament, to adopt a decision amending all or part of the provisions of Part Three of the TFEU without affecting the balance of competences between the Union and its Member States, |
| --- | --- |

L.

whereas Article 48(6) TEU allows the European Council, after consulting Parliament, to adopt a decision amending all or part of the provisions of Part Three of the TFEU without affecting the balance of competences between the Union and its Member States,

| M. | whereas any increase or decrease of the Union competences would require an ordinary revision procedure, |
| --- | --- |

M.

whereas any increase or decrease of the Union competences would require an ordinary revision procedure,

| N. | whereas any further revision of the TFEU should be conducted under the ordinary revision procedure, |
| --- | --- |

N.

whereas any further revision of the TFEU should be conducted under the ordinary revision procedure,

| O. | whereas the proposed decision can only enter into force once it has been approved by the Member States in accordance with their respective constitutional requirements, |
| --- | --- |

O.

whereas the proposed decision can only enter into force once it has been approved by the Member States in accordance with their respective constitutional requirements,

| 1. | Emphasises that the monetary policy for the Member States whose currency is the euro is an exclusive competence of the Union and has been a Community policy since the Maastricht Treaty; |
| --- | --- |

1.

Emphasises that the monetary policy for the Member States whose currency is the euro is an exclusive competence of the Union and has been a Community policy since the Maastricht Treaty;

| 2. | Stresses the importance of the euro for the European political and economic project, and underlines the importance of the commitment made by all Member States in favour of the stability of the euro area and the sense of responsibility and solidarity they have shown; |
| --- | --- |

2.

Stresses the importance of the euro for the European political and economic project, and underlines the importance of the commitment made by all Member States in favour of the stability of the euro area and the sense of responsibility and solidarity they have shown;

| 3. | Stresses that the European stability mechanism constitutes an important part of a global package of measures which are designed to define a new framework, reinforcing budgetary discipline and coordination of economic and financial policies of the Member States which should include the promotion of a joint European Union response to growth challenges, concomitantly overcoming economic and social imbalances and improving competitivity; |
| --- | --- |

3.

Stresses that the European stability mechanism constitutes an important part of a global package of measures which are designed to define a new framework, reinforcing budgetary discipline and coordination of economic and financial policies of the Member States which should include the promotion of a joint European Union response to growth challenges, concomitantly overcoming economic and social imbalances and improving competitivity;

| 4. | Notes that the Council has not used all the possibilities provided for by the Treaties to fully enforce the SGP and to improve economic coordination at European Union level; |
| --- | --- |

4.

Notes that the Council has not used all the possibilities provided for by the Treaties to fully enforce the SGP and to improve economic coordination at European Union level;

| 5. | Considers that it is essential to go beyond the temporary measures aimed at stabilising the euro area, and that the Union should build up its economic governance, including by means of policies and instruments designed to promote sustainable growth in Member States; takes the view that the reinforcement of the SGP, the European semester, the EU 2020 strategy and the amendment of Article136 TFEU concerning the European stability mechanism are only a first step in that direction; |
| --- | --- |

5.

Considers that it is essential to go beyond the temporary measures aimed at stabilising the euro area, and that the Union should build up its economic governance, including by means of policies and instruments designed to promote sustainable growth in Member States; takes the view that the reinforcement of the SGP, the European semester, the EU 2020 strategy and the amendment of Article136 TFEU concerning the European stability mechanism are only a first step in that direction;

| 6. | Stresses that the European stability mechanism, and the strict conditionality incorporated therein, involves all Member States whose currency is the euro, even the small ones whose economy may be seen as not ‘indispensable’ for the purposes of safeguarding the euro area as a whole; |
| --- | --- |

6.

Stresses that the European stability mechanism, and the strict conditionality incorporated therein, involves all Member States whose currency is the euro, even the small ones whose economy may be seen as not ‘indispensable’ for the purposes of safeguarding the euro area as a whole;

| 7. | Warns that the intention to establish the permanent stability mechanism outside the EU institutional framework poses a risk to the integrity of the Treaty-based system; considers that the Commission must be a member of the board of this mechanism, and not simply an observer; considers, moreover, that in this context the Commission should be entitled to take the appropriate initiatives in order to achieve, with the consent of the Member States concerned, the objectives of the European stability mechanism; underlines that Member States must at any rate respect Union law and the prerogatives of the institutions laid down therein; |
| --- | --- |

7.

Warns that the intention to establish the permanent stability mechanism outside the EU institutional framework poses a risk to the integrity of the Treaty-based system; considers that the Commission must be a member of the board of this mechanism, and not simply an observer; considers, moreover, that in this context the Commission should be entitled to take the appropriate initiatives in order to achieve, with the consent of the Member States concerned, the objectives of the European stability mechanism; underlines that Member States must at any rate respect Union law and the prerogatives of the institutions laid down therein;

| 8. | Stresses that the establishment and functioning of the permanent stability mechanism must fully respect the core principles of democratic decision-making such as transparency, parliamentary scrutiny and democratic accountability; emphasises that the European stability mechanism should closely involve the Union institutions and bodies responsible for monetary issues – the European Commission, the European Central Bank (ECB) and the European Investment Bank; underlines that the mechanism must not give rise to a new model of European governance which falls short of the level of democratic standards achieved in the Union; |
| --- | --- |

8.

Stresses that the establishment and functioning of the permanent stability mechanism must fully respect the core principles of democratic decision-making such as transparency, parliamentary scrutiny and democratic accountability; emphasises that the European stability mechanism should closely involve the Union institutions and bodies responsible for monetary issues – the European Commission, the European Central Bank (ECB) and the European Investment Bank; underlines that the mechanism must not give rise to a new model of European governance which falls short of the level of democratic standards achieved in the Union;

| 9. | Regrets that the European Council has not explored all the possibilities contained in the Treaties for establishing a permanent stability mechanism; considers in particular that, in the framework of the present Union competences with regard to economic and monetary union (Article 3(4) TEU) and monetary policy for Member States whose currency is the euro (Article 3(1)(c) TFEU), it would have been appropriate to make use of the powers conferred on the Council in Article 136 TFEU, or in the alternative to have recourse to Article 352 TFEU in conjunction with Articles 133 and 136 TFEU; |
| --- | --- |

9.

Regrets that the European Council has not explored all the possibilities contained in the Treaties for establishing a permanent stability mechanism; considers in particular that, in the framework of the present Union competences with regard to economic and monetary union (Article 3(4) TEU) and monetary policy for Member States whose currency is the euro (Article 3(1)(c) TFEU), it would have been appropriate to make use of the powers conferred on the Council in Article 136 TFEU, or in the alternative to have recourse to Article 352 TFEU in conjunction with Articles 133 and 136 TFEU;

| 10. | Calls on the Commission to look for other mechanisms to ensure the financial stability and sustainable and adequate economic growth of the euro area, and to make the necessary legislative proposals; underlines the need for the European stability mechanism to include measures used to reduce risks to financial, economic and social stability, including effective regulation of financial markets, revision of the SGP and better economic coordination, the introduction of instruments for the reduction of macroeconomic imbalances inside the euro area and measures directed at ecological reconstruction; |
| --- | --- |

10.

Calls on the Commission to look for other mechanisms to ensure the financial stability and sustainable and adequate economic growth of the euro area, and to make the necessary legislative proposals; underlines the need for the European stability mechanism to include measures used to reduce risks to financial, economic and social stability, including effective regulation of financial markets, revision of the SGP and better economic coordination, the introduction of instruments for the reduction of macroeconomic imbalances inside the euro area and measures directed at ecological reconstruction;

| 11. | Considers, moreover, that the setting-up and functioning of the permanent stability mechanism should be brought into the European Union framework, also making use, by analogy, of the institutional mechanism of enhanced cooperation as a means of involving the Union institutions at all stages and of encouraging the participation in the European stability mechanism of those Member States whose currency is not yet the euro; |
| --- | --- |

11.

Considers, moreover, that the setting-up and functioning of the permanent stability mechanism should be brought into the European Union framework, also making use, by analogy, of the institutional mechanism of enhanced cooperation as a means of involving the Union institutions at all stages and of encouraging the participation in the European stability mechanism of those Member States whose currency is not yet the euro;

| 12. | Notes that, in the light of the discussions in Parliament, the Heads of State and Government of the euro area agreed at their meeting of 11 March 2011, in the context of the pact for the euro, that the Commission should play a strong central role in the monitoring of the implementation of the commitments, in particular so as to ensure that measures are compatible with, and supportive of, the EU rules and the involvement of Parliament; notes that, in their consideration of the general features for the European stability mechanism, they agreed that assistance provided to a Member State whose currency is the euro will be based on a stringent programme of economic and fiscal adjustment and on a rigorous debt sustainability analysis conducted by the Commission and the International Monetary Fund (IMF), in liaison with the ECB; |
| --- | --- |

12.

Notes that, in the light of the discussions in Parliament, the Heads of State and Government of the euro area agreed at their meeting of 11 March 2011, in the context of the pact for the euro, that the Commission should play a strong central role in the monitoring of the implementation of the commitments, in particular so as to ensure that measures are compatible with, and supportive of, the EU rules and the involvement of Parliament; notes that, in their consideration of the general features for the European stability mechanism, they agreed that assistance provided to a Member State whose currency is the euro will be based on a stringent programme of economic and fiscal adjustment and on a rigorous debt sustainability analysis conducted by the Commission and the International Monetary Fund (IMF), in liaison with the ECB;

| 13. | Acknowledges the positive signals perceived in the letters from the Presidents of the European Council and of the Euro Group and the Commissioner responsible for monetary policy; takes note that:






  — | the policy conditionality established under an enhanced surveillance or a macroeconomic adjustment programme will be defined by a regulation to be proposed by the Commission pursuant to Article 136 TFEU so as to ensure consistency with the EU multilateral surveillance framework; |
| --- | --- | --- |

13.

Acknowledges the positive signals perceived in the letters from the Presidents of the European Council and of the Euro Group and the Commissioner responsible for monetary policy; takes note that:

—

the policy conditionality established under an enhanced surveillance or a macroeconomic adjustment programme will be defined by a regulation to be proposed by the Commission pursuant to Article 136 TFEU so as to ensure consistency with the EU multilateral surveillance framework;

| — | access to financial assistance under the European stability mechanism will be provided on the basis of a rigorous analysis of public-debt sustainability conducted by the Commission together with the IMF in liaison with the ECB; and strict policy conditionality under a macro-economic adjustment programme commensurate with the severity of the imbalances of the Member State concerned will be imposed; |
| --- | --- |

—

access to financial assistance under the European stability mechanism will be provided on the basis of a rigorous analysis of public-debt sustainability conducted by the Commission together with the IMF in liaison with the ECB; and strict policy conditionality under a macro-economic adjustment programme commensurate with the severity of the imbalances of the Member State concerned will be imposed;

| — | on the basis of the assessment provided by the Commission together with the IMF and in liaison with the ECB of the financial needs of the beneficiary Member State, the Board of Governors of the European stability mechanism will mandate the Commission to negotiate a macro-economic adjustment programme with the Member State concerned, together with the IMF and in liaison with the ECB; |
| --- | --- |

—

on the basis of the assessment provided by the Commission together with the IMF and in liaison with the ECB of the financial needs of the beneficiary Member State, the Board of Governors of the European stability mechanism will mandate the Commission to negotiate a macro-economic adjustment programme with the Member State concerned, together with the IMF and in liaison with the ECB;

| — | the Commission will propose to the Council a decision endorsing the macro-economic programme and, once that decision is adopted, will sign a Memorandum of Understanding on behalf of the Member States whose currency is the euro; |
| --- | --- |

—

the Commission will propose to the Council a decision endorsing the macro-economic programme and, once that decision is adopted, will sign a Memorandum of Understanding on behalf of the Member States whose currency is the euro;

| — | the policy conditionality established under an enhanced surveillance or a macroeconomic adjustment programme will be made consistent with the European Union surveillance framework and must guarantee compliance with EU procedures; |
| --- | --- |

—

the policy conditionality established under an enhanced surveillance or a macroeconomic adjustment programme will be made consistent with the European Union surveillance framework and must guarantee compliance with EU procedures;

| — | financial assistance will be activated on request by a Member State, after an assessment by the Commission, in liaison with the ECB, of the existence of a risk to the financial stability of the euro area as a whole; |
| --- | --- |

—

financial assistance will be activated on request by a Member State, after an assessment by the Commission, in liaison with the ECB, of the existence of a risk to the financial stability of the euro area as a whole;

| — | the Commission, together with the IMF and in liaison with the ECB, will be responsible for monitoring compliance with the policy conditionality and will report to the Council and to the Board of Directors; |
| --- | --- |

—

the Commission, together with the IMF and in liaison with the ECB, will be responsible for monitoring compliance with the policy conditionality and will report to the Council and to the Board of Directors;

| — | after discussion in the Board of Governors, the Council decision to implement post-programme surveillance will be taken on a proposal put forward by the Commission; |
| --- | --- |

—

after discussion in the Board of Governors, the Council decision to implement post-programme surveillance will be taken on a proposal put forward by the Commission;

| — | Parliament will be regularly informed by the Council and the Commission about the establishment and the operations of the European stability mechanism and will thus be in a position to properly scrutinise its activities; |
| --- | --- |

—

Parliament will be regularly informed by the Council and the Commission about the establishment and the operations of the European stability mechanism and will thus be in a position to properly scrutinise its activities;

| — | the Court of Justice of the European Union will have jurisdiction in any dispute, in accordance with Article 273 TFEU; |
| --- | --- |

—

the Court of Justice of the European Union will have jurisdiction in any dispute, in accordance with Article 273 TFEU;

| 14. | Endorses the draft European Council decision, notwithstanding its reservation that it would have been preferable to draft it as proposed in Annex I to this resolution; agrees with the view expressed in the opinion by the ECB supporting recourse to the Union method allowing for the European stability mechanism to become a Union mechanism at an appropriate point in time; calls on the European Council to ensure that:






  — | the regulation addressing the policy conditionality is adopted in accordance with the ordinary legislative procedure of the Union; |
| --- | --- | --- |

14.

Endorses the draft European Council decision, notwithstanding its reservation that it would have been preferable to draft it as proposed in Annex I to this resolution; agrees with the view expressed in the opinion by the ECB supporting recourse to the Union method allowing for the European stability mechanism to become a Union mechanism at an appropriate point in time; calls on the European Council to ensure that:

—

the regulation addressing the policy conditionality is adopted in accordance with the ordinary legislative procedure of the Union;

| — | every Member State whose currency is the euro and which has contributed to the permanent stability mechanism will have access to it independently of its size; |
| --- | --- |

—

every Member State whose currency is the euro and which has contributed to the permanent stability mechanism will have access to it independently of its size;

| 15. | Recalls that the future permanent stability mechanism should make use of the Union institutions, since this would avoid the setting-up of double structures which would prove detrimental to European integration; |
| --- | --- |

15.

Recalls that the future permanent stability mechanism should make use of the Union institutions, since this would avoid the setting-up of double structures which would prove detrimental to European integration;

| 16. | Demands that the lending conditions to be applied for the repayment of funds to the permanent stability mechanism in the event of its being activated be similar to those applied to the Balance-of-Payments Facility and Macro-financial Assistance instruments used by the Commission, i.e. strictly back-to-back without a margin over borrowing costs; furthermore considers that the interest rates to be used by the permanent stability mechanism should be offered on favourable terms; |
| --- | --- |

16.

Demands that the lending conditions to be applied for the repayment of funds to the permanent stability mechanism in the event of its being activated be similar to those applied to the Balance-of-Payments Facility and Macro-financial Assistance instruments used by the Commission, i.e. strictly back-to-back without a margin over borrowing costs; furthermore considers that the interest rates to be used by the permanent stability mechanism should be offered on favourable terms;

| 17. | Insists that compliance by Member States with the economic guidelines set up by the Commission and with the conditions imposed by the European stability mechanism needs to be scrutinised by Parliament, and stresses that each national parliament shall be fully involved, in accordance with their budgetary and control rights, at all stages, especially in the context of the European semester, in order to increase the transparency, ownership and accountability of any decision taken; |
| --- | --- |

17.

Insists that compliance by Member States with the economic guidelines set up by the Commission and with the conditions imposed by the European stability mechanism needs to be scrutinised by Parliament, and stresses that each national parliament shall be fully involved, in accordance with their budgetary and control rights, at all stages, especially in the context of the European semester, in order to increase the transparency, ownership and accountability of any decision taken;

| 18. | Endorses the Commission's intention to ‘ensure consistency between the future mechanism and the Union’s economic governance in the euro area in particular, while respecting the competences conferred on the Union and its institutions by the Treaty’; |
| --- | --- |

18.

Endorses the Commission's intention to ‘ensure consistency between the future mechanism and the Union’s economic governance in the euro area in particular, while respecting the competences conferred on the Union and its institutions by the Treaty’;

| 19. | Underlines that the draft European Council decision as amended would not increase the competences of the Union and would therefore remain within the scope of the simplified Treaty revision procedure; notes, conversely, that that decision cannot reduce the competences of the Union institutions in the fields of economic and monetary policy and of monetary policy for Member States whose currency is the euro, and cannot in any event prejudice the correct application of Union law, in particular Articles 122 and 143 TFEU, and of the Union acquis; |
| --- | --- |

19.

Underlines that the draft European Council decision as amended would not increase the competences of the Union and would therefore remain within the scope of the simplified Treaty revision procedure; notes, conversely, that that decision cannot reduce the competences of the Union institutions in the fields of economic and monetary policy and of monetary policy for Member States whose currency is the euro, and cannot in any event prejudice the correct application of Union law, in particular Articles 122 and 143 TFEU, and of the Union acquis;

| 20. | Reaffirms that the use of Article 48(6) TEU is an exceptional procedure, and recalls Parliament's right pursuant to Article 48(3) TEU to call for a Convention in order to reshape the institutions, procedures and policies that make up the economic governance of the Union; |
| --- | --- |

20.

Reaffirms that the use of Article 48(6) TEU is an exceptional procedure, and recalls Parliament's right pursuant to Article 48(3) TEU to call for a Convention in order to reshape the institutions, procedures and policies that make up the economic governance of the Union;

| 21. | Instructs its President to forward this resolution to the European Council, the Council, the Commission and the European Central Bank as the opinion of the European Parliament pursuant to the second subparagraph of Article 48(6) TEU. |
| --- | --- |

21.

Instructs its President to forward this resolution to the European Council, the Council, the Commission and the European Central Bank as the opinion of the European Parliament pursuant to the second subparagraph of Article 48(6) TEU.

---

Wednesday 23 March 2011ANNEX I TO THE RESOLUTION

Amendment to Article 1 of the draft European Council decision

The following
  subparagraphs are
  added to
  Article 136(1) TFEU
  :

‘
  On a recommendation from the Commission and after consulting the European Parliament,
  the Member States whose currency is the euro may establish a stability mechanism to be activated if indispensable to safeguard the stability of the euro area. The granting of any required financial assistance under the mechanism will be
  decided on the basis of a Commission proposal and
  made subject to strict conditionality
  criteria in accordance with the principles and objectives of the Union, as laid down in the Treaty on European Union and in this Treaty.

The principles and rules for the conditionality of financial assistance under the mechanism and its control shall be laid down in a regulation adopted in accordance with the ordinary legislative procedure.
  ’.

Article 136(2) is replaced by the following:

Article 136(2) is replaced by the following:

‘
  2.
     
  For those measures set out in points (a) and (b) of paragraph 1, only members of the Council representing Member States whose currency is the euro shall take part in the vote.

A qualified majority of the said members shall be defined in accordance with Article 238(3)(a).

For those measures set out in the third subparagraph of paragraph 1, only members of the Council representing Member States participating in the mechanism shall take part in the vote.
  ’.

---

Wednesday 23 March 2011ANNEX II TO THE RESOLUTION

Brussels, 22 March 2011

Dear Mr Brok, Dear Mr Gualtieri,

Following your various meetings and discussions with myself and members of my cabinet about the proposed amendment to Article 136 of the Treaty with regard to a stability mechanism for Member States whose currency is the euro, allow me send you the attached paper, drawn up by my cabinet, which examines and responds to the concerns you expressed.

Mr Juncker, President of the Euro Group, and Mr Ollie Rehn, Commissioner for Economic and Monetary Affairs, are writing to you separately on the outcome of the negotiations on the detail of the future Mechanism, which I fully endorse.

I am sure that you will agree that all this should give Parliament a broad level of satisfaction with regard to the points laid out in option b) of your report.

As you know, this treaty amendment is coming before the 24-25 March European Council. You will appreciate the importance and urgency of this matter.

Yours sincerely

(signed)

Herman Van Rompuy

Annex

Concerning option a) in paragraph 12 of the report, which proposes to redraft the treaty amendment, it should be pointed out that this draft treaty amendment has been very carefully drawn up to make it acceptable to all Member States, which must all ratify it. There is virtually no prospect of the text as such being amended and indeed the amendments suggested would preclude the use of the simplified revision procedure - or at the very least be subject to legal challenge on this ground. Legal certainty is the main reason for amending treaty in the first place, and anything that undermined that would be problematic.

As regards future treaty amendments, it is impossible to give any specific undertaking. It has, however, been agreed that there will be an evaluation of the overall effectiveness of this framework in 2016, to be carried out by the European Commission. This provision guarantees that any future evaluation - and possible suggestions for change - will in the first instance come from the Commission.

Turning to option b) of the report, concerns to the effect that the European Stability Mechanism might provide the nucleus of a future intergovernmental secretariat to manage the Eurozone economy are unfounded. The mechanism is for a specifically defined purpose. Its staff will be entirely devoted to the financial and treasury aspects of this mechanism and will not be involved in the wider issues of economic governance. The ESM’s role is to mobilise finance and provide financial assistance, but the assessment of the need for financial support and the definition of the conditionality will be done by the Commission.

Fears that the Commission may be excluded from the working of the mechanism can also be allayed. The experience with the temporary mechanisms demonstrates that Commission involvement is not only possible, but essential. Under the temporary mechanism, the conditionality measures regarding the recipient State was adopted using a Union procedure, i.e. a Decision adopted by the Council on a recommendation from the Commission based on Article 136 TFEU together with Article 126(9) TFEU (see Article 126 (13) which sets out the applicable procedure for decisions under Article 126 (9)). This is the procedure which has been followed for adopting the conditionality measures for Greece (see Council Decision (2010/320/EU) of 10 May 2010 (OJ L 145, 11.6.2010, p. 6) adopted on a recommendation from the Commission of 4 May 2010 (SEC(2010)0560 final)).

Regarding the permanent Mechanism, already in the conclusions of the European Council of 16 and 17 December, in Annex II outlining the ‘General Features of the Future Mechanism’, Commission involvement is specified explicitly a number of times. Since then, the preparatory work carried out for the ESM has clarified that:

| — | If a Member State requests financial assistance, it is the Commission which will assess, in liaison with the ECB, the existence of a risk to the financial stability of the euro area as a whole and undertake an analysis of the sustainability of the public debt of the Member State concerned (together with the IMF and in liaison with the ECB). |
| --- | --- |

—

If a Member State requests financial assistance, it is the Commission which will assess, in liaison with the ECB, the existence of a risk to the financial stability of the euro area as a whole and undertake an analysis of the sustainability of the public debt of the Member State concerned (together with the IMF and in liaison with the ECB).

| — | If stability support is requested, it is the Commission (together with the IMF and in liaison with the ECB) which will assess the actual financing needs of the beneficiary Member State and the nature of the required private sector involvement. |
| --- | --- |

—

If stability support is requested, it is the Commission (together with the IMF and in liaison with the ECB) which will assess the actual financing needs of the beneficiary Member State and the nature of the required private sector involvement.

| — | The Board of Governors will mandate the Commission to negotiate (together with the IMF and in liaison with the ECB) a macro-economic adjustment programme with the Member State concerned. |
| --- | --- |

—

The Board of Governors will mandate the Commission to negotiate (together with the IMF and in liaison with the ECB) a macro-economic adjustment programme with the Member State concerned.

| — | The Commission will propose to the Council a decision endorsing the macro-economic adjustment programme. When the programme has been adopted by the Council, the Commission will sign the Memorandum of Understanding on behalf of the euro area Member States. |
| --- | --- |

—

The Commission will propose to the Council a decision endorsing the macro-economic adjustment programme. When the programme has been adopted by the Council, the Commission will sign the Memorandum of Understanding on behalf of the euro area Member States.

| — | The Commission (together with the IMF and in liaison with the ECB) will be responsible for monitoring compliance with the policy conditionality required by a macroeconomic adjustment programme. |
| --- | --- |

—

The Commission (together with the IMF and in liaison with the ECB) will be responsible for monitoring compliance with the policy conditionality required by a macroeconomic adjustment programme.

| — | After discussion in the Board of Governors, it is a proposal by the Commission that the Council can decide to implement post-programme surveillance. |
| --- | --- |

—

After discussion in the Board of Governors, it is a proposal by the Commission that the Council can decide to implement post-programme surveillance.

| — | The policy conditionality established under an enhanced surveillance or a macroeconomic adjustment programme should be consistent with the EU surveillance framework and must guarantee the respect of EU procedures. To this end, the Commission intends to propose a Regulation clarifying the necessary procedural steps under Article 136 of the Treaty in order to enshrine the policy conditionality in Council decisions and ensure consistency with the EU multilateral surveillance framework. |
| --- | --- |

—

The policy conditionality established under an enhanced surveillance or a macroeconomic adjustment programme should be consistent with the EU surveillance framework and must guarantee the respect of EU procedures. To this end, the Commission intends to propose a Regulation clarifying the necessary procedural steps under Article 136 of the Treaty in order to enshrine the policy conditionality in Council decisions and ensure consistency with the EU multilateral surveillance framework.

| — | The Council and the Commission will inform the European Parliament on a regular basis about the establishment and the operations of the ESM. |
| --- | --- |

—

The Council and the Commission will inform the European Parliament on a regular basis about the establishment and the operations of the ESM.

| — | In the eventuality of certain disputes arising, it is the EU Court that will be responsible in accordance with Art. 273 TFEU. |
| --- | --- |

—

In the eventuality of certain disputes arising, it is the EU Court that will be responsible in accordance with Art. 273 TFEU.

---

Wednesday 23 March 2011ANNEX III TO THE RESOLUTION

Brussels, 22 March 2011

Dear Mr Brok, Dear Mr Gualtieri,

We hereby wish to inform you of the outcome of the negotiations on the setting up of European Stability Mechanism, as this will be of importance for the European Parliament when it decides on its opinion on the draft amendment to the Treaty on the functioning of the European Union, based on your report.

An intergovernmental ministerial meeting finalised yesterday, 21 March, a Term Sheet on the European Stability Mechanism (ESM). You will find attached the final text of this Term Sheet.

As you can see, according to the Term Sheet, the ESM will be established by a treaty among the euro-area Member States as an intergovernmental organisation under public international law and will be located in Luxembourg. The ESM will have a Board of Governors consisting of the Ministers of Finance of the euro-area Member States (as voting members), with the European Commissioner for Economic and Monetary Affairs and the President of the ECB as observers. Non euro area Member States can participate on an ad hoc basis alongside the ESM in financial assistance operations for euro area Member States.

The role of the Commission in the running of operations of the ESM is central, and the link of the ESM with EU institutions clearly established.

As described in the Term Sheet, it will be for the Commission to assess, in liaison with the ECB, the existence of a risk to the financial stability of the euro area as a whole, and to undertake analysis of the sustainability of the public debt of the Member State concerned, together with the IMF and in liaison with the ECB. Further it will be for the Commission to take the lead in assessing the actual financing needs of the beneficiary Member State, as well as the nature of the required private sector involvement.

On the basis of this assessment, the Board of Governors will mandate the Commission to negotiate, together with the IMF and in liaison with the ECB, a macro-economic adjustment programme with the Member State concerned, detailed in a Memorandum of Understanding (MoU).

It will be for the Commission to propose to the Council a decision endorsing the macro-economic adjustment programme. The Board of Governors will decide on the granting of financial assistance and the terms and conditions under which assistance is provided. When the programme has been adopted by the Council, the Commission will sign the MoU on behalf of the euro area Member States subject to prior mutual agreement by the Board of Governors. The Board of Directors will then approve the financial assistance agreement which would contain the technical aspects of the financial assistance to be provided.

The Commission, together with the IMF and in liaison with the ECB, will be responsible for monitoring compliance with the policy conditionality required by a macroeconomic adjustment programme. It will report to the Council and to the Board of Directors. On the basis of this report, the Board of Directors will decide by mutual agreement on the disbursement of the new tranches of the loan.

After discussion in the Board of Governors, the Council can decide, on a proposal by the Commission, to implement post-programme surveillance, which can be maintained for as long as a specified amount of the financial assistance has not been repaid.

The policy conditionality established under an enhanced surveillance or a macroeconomic adjustment programme will be consistent with the EU surveillance framework and must guarantee the respect of EU procedures, and thereby also the role of the European Parliament.

To this end, the Commission intends to propose a Regulation of the European Parliament and of the Council based on Article 136 of the Treaty, clarifying the necessary procedural steps in order to enshrine the policy conditionality in Council decisions and ensure consistency with the EU multilateral surveillance framework. The Council and the Commission will inform the European Parliament on a regular basis about the establishment and the operations of the ESM.

We trust this information will be helpful for the European Parliament for its consideration of the draft amendment to Article 136 TFEU with regard to a stability mechanism for Member States whose currency is the euro.

Yours sincerely,

(signed)

Olli Rehn

Member of the European Commission

(signed)

Jean-Claude Juncker

President of the Euro Group

Annex to the letter from the President of the Euro Group and from the Commissioner responsible for monetary policy to the rapporteurs

21 March 2011

Term Sheet on the ESM

The European Council has agreed on the need for euro-area Member States to establish a permanent stability mechanism: the European Stability Mechanism (ESM). The ESM will be activated by mutual agreement (1), if indispensable to safeguarding the financial stability of the euro area as a whole. The ESM will assume the role of the European Financial Stability Facility (EFSF) and the European Financial Stabilisation Mechanism (EFSM) in providing external financial assistance to euro-area Member States after June 2013.

Access to ESM financial assistance will be provided on the basis of strict policy conditionality under a macro-economic adjustment programme and a rigorous analysis of public-debt sustainability, which will be conducted by the Commission together with the IMF and in liaison with the ECB. The beneficiary Member State will be required to put in place an appropriate form of private-sector involvement, according to the specific circumstances and in a manner fully consistent with IMF practices.

The ESM will have an effective lending capacity of EUR 500 billion (2). The adequacy of the lending capacity will be reviewed on a regular basis and at least every five years. The ESM will seek to supplement its lending capacity through the participation of the IMF in financial assistance operations, while non-euro area Member States may also participate on an ad hoc basis.

The remainder of this term sheet sets out the key structural features of the ESM:

Institutional form

The ESM will be established by a treaty among the euro-area Member States as an intergovernmental organisation under public international law and will be located in Luxembourg. The statute of the ESM will be set out in an annex to the treaty.

Function and funding strategy

The function of the ESM will be to mobilise funding and provide financial assistance, under strict conditionality, to the benefit of euro-area Member States, which are experiencing or are threatened by severe financing problems, in order to safeguard the financial stability of the euro area as a whole.

The Member States of the euro area will give to the ESM the financial sanctions received under the Stability and Growth Pact and the Macroeconomic Imbalances procedures (3). Such sanctions will form part of the paid-in capital.

The ESM will use an appropriate funding strategy so as to ensure access to broad funding sources and enable it to extend financial assistance packages to Member States under all market conditions. Any associated risk will be contained through adequate asset and liability management.

Governance

The ESM will have a Board of Governors consisting of the Ministers of Finance of the euro-area Member States (as voting members), with the European Commissioner for Economic and Monetary Affairs and the President of the ECB as observers. The Board of Governors will elect a Chairperson from among its voting members.

The Board of Governors will be the highest decision-making body of the ESM and will take the following major decisions by mutual agreement:

| — | the granting of financial assistance; |
| --- | --- |

—

the granting of financial assistance;

| — | the terms and conditions of financial assistance; |
| --- | --- |

—

the terms and conditions of financial assistance;

| — | the lending capacity of the ESM; |
| --- | --- |

—

the lending capacity of the ESM;

| — | changes to the menu of instruments. |
| --- | --- |

—

changes to the menu of instruments.

All other decisions by the Board of Governors will be taken by qualified majority, unless stated otherwise.

The ESM will have a Board of Directors, which will carry out specific tasks as delegated by the Board of Governors. Each euro-area Member state will appoint one Director and one alternate Director. In addition, the Commission and the ECB will each nominate an observer and an alternate to the Board of Directors. All decisions by the Board of Directors will be taken by qualified majority, unless otherwise stated.

Voting weights within the Board of Governors and the Board of Directors will be proportional to the Member States’ respective subscriptions to the capital of the ESM. A qualified majority is defined as 80 percent of the votes.

The Board of Governors will appoint a Managing Director responsible for the day-to-day management of the ESM. The Managing Director will chair the Board of Directors.

Capital structure

The ESM will aim to obtain and maintain the highest credit rating from the major credit rating agencies.

The ESM will have a total subscribed capital of EUR 700 billion. Of this amount, EUR 80 billion will be in the form of paid-in capital provided by the euro-area Member States, of which EUR 40 billion will be available from July 2013 with the remaining share being phased in over the three following years. In addition, the ESM will also dispose of a combination of committed callable capital and of guarantees from euro area Member States to a total amount of EUR 620 billion.

The contribution key of each Member State in the total subscribed capital of the ESM will be based on the paid-in capital key of the ECB as annexed. By ratifying the Treaty establishing the ESM, Member States legally commit to provide their contribution to the total subscribed capital.

The Board of Governors will decide by mutual agreement when adapting the amount of total subscribed capital or when calling capital, except in the specific cases described below. First, the Board of Directors can decide, by simple majority, to restore -by calling in capital- the level of paid-in capital in the event that the amount of paid-in capital is reduced by the absorption of losses (4). Second, an on-demand guarantee procedure will be put in place that allows calling in capital automatically from the shareholders of the ESM if needed to avoid a payment shortfall to the creditors of the ESM. The liability of each shareholder will in all circumstances be limited to its share in the subscribed capital.

Any contribution to subscribed capital by a Member State (5) joining the ESM after July 2013 will be made according to the same terms applied for the original contributions. The practical implications for the overall amount of subscribed capital and the distribution of capital among the Member States will be decided by the Board of Governors by mutual agreement.

As long as the ESM has not been activated and provided that the effective lending capacity is not less than 500 billion, the proceeds from the investment of the ESM paid-in capital will be returned to the Member States, after deductions for operational costs. Following the first activation of the ESM, the proceeds from the investment of ESM capital and financial assistance activity will be retained within the ESM. However, in the event that paid-in capital exceeds the level required to maintain the lending capacity of the ESM, the Board of Directors can decide, by simple majority to distribute a dividend to the euro-area Member States based on the contribution key.

Instruments

The ESM will provide financial assistance subject to strict conditionality under a macro-economic adjustment programme, commensurate with the severity of the imbalances of the Member State. It will be provided through loans.

However, it may intervene, as an exception, in debt primary markets on the basis of a macro-economic adjustment programme with strict conditionality and if agreed by the Board of Governors by mutual agreement.

ESM stability support (ESS)

The ESM can grant short-term or medium term stability support to a euro-area Member State, which is experiencing severe financing problems. Access to an ESS will imply a macroeconomic adjustment programme with adequate policy conditionality commensurate with the severity of the underlying imbalances in the beneficiary Member State. The length of the programme and maturity of the loans will depend on the nature of the imbalances and the prospects of the beneficiary Member States regaining access to financial markets within the time that ESM resources are available.

Primary market support facility

The ESM can purchase the bonds of a Member State, which is experiencing severe financing problems, on the primary market, with the objective of maximizing the cost efficiency of the support. Conditions and modalities under which bond purchasing would be conducted will be specified in the Decision on the terms and conditions of financial assistance.

The Board of Governors may review the instruments at the ESM's disposal and may decide to make changes to the menu of instruments.

IMF involvement

The ESM will cooperate very closely with the IMF in providing financial assistance (6). In all circumstances, active participation of the IMF will be sought, both on the technical and the financial level. The debt sustainability analysis will be jointly conducted by the Commission and the IMF, in liaison with the ECB. The policy conditions attached to a joint ESM/IMF assistance will be negotiated jointly by the Commission and the IMF, in liaison with the ECB.

Activation of financial assistance, programme monitoring and follow-up

Financial assistance from the ESM will in all cases be activated on a request from a Member State to the other Members States of the euro area. The Eurogroup will inform the Council that a request for activation of support has been made. On receipt of such a request, the Board of Governors will ask the Commission to assess, in liaison with the ECB, the existence of a risk to the financial stability of the euro area as a whole and to undertake a rigorous analysis of the sustainability of the public debt of the Member State concerned, together with the IMF and in liaison with the ECB. The subsequent steps in the activation of ESM financial assistance will be as follows:

| — | If an ESS is requested, the Commission, together with the IMF and in liaison with the ECB, will assess the actual financing needs of the beneficiary Member State and the nature of the required private sector involvement, which should be consistent with IMF practices. |
| --- | --- |

—

If an ESS is requested, the Commission, together with the IMF and in liaison with the ECB, will assess the actual financing needs of the beneficiary Member State and the nature of the required private sector involvement, which should be consistent with IMF practices.

| — | On the basis of this assessment, the Board of Governors will mandate the Commission to negotiate, together with the IMF and in liaison with the ECB, a macro-economic adjustment programme with the Member State concerned, detailed in a MoU. |
| --- | --- |

—

On the basis of this assessment, the Board of Governors will mandate the Commission to negotiate, together with the IMF and in liaison with the ECB, a macro-economic adjustment programme with the Member State concerned, detailed in a MoU.

| — | The Commission will propose to the Council a decision endorsing the macro-economic adjustment programme. The Board of Governors will decide on the granting of financial assistance and the terms and conditions under which assistance is provided. When the programme has been adopted by the Council, the Commission will sign the MoU on behalf of the euro area Member States subject to prior mutual agreement by the Board of Governors. The Board of Directors will then approve the financial assistance agreement which would contain the technical aspects of the financial assistance to be provided. |
| --- | --- |

—

The Commission will propose to the Council a decision endorsing the macro-economic adjustment programme. The Board of Governors will decide on the granting of financial assistance and the terms and conditions under which assistance is provided. When the programme has been adopted by the Council, the Commission will sign the MoU on behalf of the euro area Member States subject to prior mutual agreement by the Board of Governors. The Board of Directors will then approve the financial assistance agreement which would contain the technical aspects of the financial assistance to be provided.

| — | The Commission, together with the IMF and in liaison with the ECB, will be responsible for monitoring compliance with the policy conditionality required by a macroeconomic adjustment programme. It will report to the Council and to the Board of Directors. On the basis of this report, the Board of Directors will decide by mutual agreement on the disbursement of the new tranches of the loan. |
| --- | --- |

—

The Commission, together with the IMF and in liaison with the ECB, will be responsible for monitoring compliance with the policy conditionality required by a macroeconomic adjustment programme. It will report to the Council and to the Board of Directors. On the basis of this report, the Board of Directors will decide by mutual agreement on the disbursement of the new tranches of the loan.

| — | After discussion in the Board of Governors, the Council can decide, on a proposal by the Commission, to implement post-programme surveillance, which can be maintained for as long as a specified amount of the financial assistance has not been repaid. |
| --- | --- |

—

After discussion in the Board of Governors, the Council can decide, on a proposal by the Commission, to implement post-programme surveillance, which can be maintained for as long as a specified amount of the financial assistance has not been repaid.

Consistency with the EU multilateral surveillance framework

Approval by the EU Member States will be sought to allow the euro-area Member States to task the Commission, together with the IMF and in liaison with the ECB, the analysis of the debt sustainability of the Member State requesting financial support, the preparation of the adjustment programme accompanying the financial assistance, as well as with the monitoring of its implementation.

While the Board of Governors has the autonomy to decide on the existence and modalities of financial assistance under an intergovernmental framework, the policy conditionality established under an enhanced surveillance or a macroeconomic adjustment programme should be consistent with the EU surveillance framework and must guarantee the respect of EU procedures. To this end, the Commission intends to propose a Regulation clarifying the necessary procedural steps under Article 136 of the Treaty in order to enshrine the policy conditionality in Council decisions and ensure consistency with the EU multilateral surveillance framework. The Council and the Commission will inform the European Parliament on a regular basis about the establishment and the operations of the ESM.

Pricing

The Board of Governors will decide on the pricing structure for financial assistance to a beneficiary Member State.

The ESM will be able to lend at a fixed or variable rate. The pricing of the ESM will be in line with IMF pricing principles and, while remaining above the funding costs of ESM, will include an adequate mark up for risks.

The following pricing structure will apply to ESM loans:

| 1) | ESM funding cost |
| --- | --- |

1)

ESM funding cost

| 2) | A charge of 200 bps applied on the entire loans |
| --- | --- |

2)

A charge of 200 bps applied on the entire loans

| 3) | A surcharge of 100 bps for loan amounts outstanding after 3 years |
| --- | --- |

3)

A surcharge of 100 bps for loan amounts outstanding after 3 years

For fixed rate loans with maturities above 3 years, the margin will be a weighted average of the charge of 200 bps for the first 3 years and 200 bps plus 100 bps for the following years.

The pricing structure will be defined in the pricing policy of the ESM, which will be reviewed periodically.

Private sector involvement

1.   Modalities for involving the private sector

An adequate and proportionate form of private-sector involvement will be expected in all cases where financial assistance is received by the beneficiary State. The nature and extent of this involvement will be determined on a case-by-case basis and will depend on the outcome of a debt sustainability analysis, in line with IMF practice (7), and on potential implications for euro-area financial stability.

| (a) | If, on the basis of a sustainability analysis, it is concluded that a macro-economic adjustment programme can realistically restore the public debt to a sustainable path, the beneficiary Member State will take initiatives aimed at encouraging the main private investors to maintain their exposures (e.g. a ‘Vienna Initiative’ approach). The Commission, the IMF, the ECB and the EBA will be closely involved in monitoring the implementation of such initiatives. |
| --- | --- |

(a)

If, on the basis of a sustainability analysis, it is concluded that a macro-economic adjustment programme can realistically restore the public debt to a sustainable path, the beneficiary Member State will take initiatives aimed at encouraging the main private investors to maintain their exposures (e.g. a ‘Vienna Initiative’ approach). The Commission, the IMF, the ECB and the EBA will be closely involved in monitoring the implementation of such initiatives.

| (b) | If, on the basis of a sustainability analysis, it is concluded that a macro-economic programme cannot realistically restore the public debt to a sustainable path, the beneficiary Member State will be required to engage in active negotiations in good faith with its creditors to secure their direct involvement in restoring debt sustainability. The granting of the financial assistance will be contingent on the Member State having a credible plan and demonstrating sufficient commitment to ensure adequate and proportionate private sector involvement. Progress in the implementation of the plan will be monitored under the programme and will be taken into account in the decision on disbursements. |
| --- | --- |

(b)

If, on the basis of a sustainability analysis, it is concluded that a macro-economic programme cannot realistically restore the public debt to a sustainable path, the beneficiary Member State will be required to engage in active negotiations in good faith with its creditors to secure their direct involvement in restoring debt sustainability. The granting of the financial assistance will be contingent on the Member State having a credible plan and demonstrating sufficient commitment to ensure adequate and proportionate private sector involvement. Progress in the implementation of the plan will be monitored under the programme and will be taken into account in the decision on disbursements.

In negotiating with creditors, the beneficiary Member State will adhere to the following principles:

| — | Proportionality: the Member State will seek solutions proportionate to its debt sustainability problem. |
| --- | --- |

—

Proportionality: the Member State will seek solutions proportionate to its debt sustainability problem.

| — | Transparency: the Member State concerned will engage in an open dialogue with creditors and share relevant information with them on a timely basis. |
| --- | --- |

—

Transparency: the Member State concerned will engage in an open dialogue with creditors and share relevant information with them on a timely basis.

| — | Fairness: the Member State will consult creditors on the design of any rescheduling or restructuring of public debt with a view to reaching negotiated solutions. Measures reducing the net present value of the debt will be considered only when other options are unlikely to deliver the expected results. |
| --- | --- |

—

Fairness: the Member State will consult creditors on the design of any rescheduling or restructuring of public debt with a view to reaching negotiated solutions. Measures reducing the net present value of the debt will be considered only when other options are unlikely to deliver the expected results.

| — | Cross-border co-ordination: the risk of contagion and potential spill over effects on other Member States and third countries will be duly taken into account in the design of measures to involve the private sector. The measures taken will be accompanied with a proper communication by the Member State concerned aimed at preserving the financial stability of the Euro Area as a whole. |
| --- | --- |

—

Cross-border co-ordination: the risk of contagion and potential spill over effects on other Member States and third countries will be duly taken into account in the design of measures to involve the private sector. The measures taken will be accompanied with a proper communication by the Member State concerned aimed at preserving the financial stability of the Euro Area as a whole.

2.   Collective Action Clauses

Collective Action Clauses (CACs) will be included in all euro area government securities, with maturity above one year, from July 2013. The objective of such CACs will be to facilitate agreement between the sovereign and its private-sector creditors in the context of private sector involvement. The inclusion of CACs in a bond will not imply a higher probability of default or of debt restructuring relating to that bond. Accordingly, the creditor status of sovereign debt will not be affected by the inclusion of CACs.

The main features of the CACs will be consistent with those commonly used in the US and the UK markets since the G10 report on CACs. CACs will be introduced in a way which preserves a level playing field among euro area Member States. This implies the use of identical and standardized clauses for all euro area Member States, harmonized in the terms and conditions of securities issued by the Members States. Their basis will be consistent with the CACs that are common in New York and English law.

CACs will include an aggregation clause, enabling a super majority of bondholders across multiple bond issues subject to such a clause and subject to the law of a single jurisdiction to include a majority action clause where the needed majority of creditors for the restructuration would not be attained within a single bond issue. Appropriate representation will be put in place. Most important issues – the reserve matters – (e.g. key payment terms, conversion or exchange of bonds) will be decided with a larger majority than non-reserve matters. Appropriate quorum requirements will apply. Changes agreed by the relevant majorities are binding on all bondholders.

An appropriate disenfranchisement clause will apply to ensure a proper voting process. Appropriate clauses to prevent disruptive legal action will be considered.

CACs will be introduced in a standardized manner, which ensures that their legal impact is identical in all euro-area jurisdictions and so preserves a level playing field among euro-area Member States. The euro area Member States will adopt the necessary measures to give effect to the CACs.

Euro area Member States will be allowed to continue to ‘tap’ outstanding debt without CACs under pre-determined conditions after June 2013 in order to preserve the necessary liquidity of old bonds and to give sufficient time to euro area Member States to create, in an orderly fashion, new bonds on all benchmark maturities. The detailed legal arrangements for including CACs in euro-area government securities will be decided on the basis of work to be undertaken by the EFC Sub-Committee on EU Sovereign Debt Markets, following appropriate consultation with market participants and other stakeholders, and be finalised by the end of 2011.

3.   Preferred Creditor Status of the ESM

Like the IMF, the ESM will provide financial assistance to a Member State when its regular access to market financing is impaired. Reflecting this, Heads of State or Government have stated that the ESM will enjoy preferred creditor status in a similar fashion to the IMF, while accepting preferred creditor status of IMF over ESM.

This shall be effective as of 1 July 2013 without prejudice to the terms and conditions of any other agreement provided under the EFSF and the Greek facility.

Transitional arrangements between EFSF and ESM

As originally foreseen, the EFSF will remain in place after June 2013 so as to administer the outstanding bonds. It will remain operational until it has received full payment of the financing granted to the Member States and has repaid its liabilities under the financial instruments issued and any obligations to reimburse guarantors. Undisbursed and unfunded portions of existing loan facilities should be transferred to the ESM (e.g. payment and financing of instalments that would become due only after the entry into force of ESM). The consolidated EFSF and ESM lending shall not exceed EUR 500 bn.

To ensure a smooth transition from the EFSF to the ESM, the CEO of the EFSF will be tasked with the practical preparation of the establishment of the ESM. He will regularly report on the progress made to the Eurogroup Working Group.

Participation of the non euro area Member States

Non euro area Member States can participate on an ad hoc basis alongside the ESM in financial assistance operations for euro area Member States. If non-euro area Member States participate in such operations, they will be represented in the relevant meetings of the ESM boards that will decide on the granting and the monitoring of the assistance. They will have access to all relevant information in a timely manner and be appropriately consulted. The euro area Member States will support equivalent creditor status of the ESM and that of other Member States lending bilaterally alongside the ESM.

Dispute settlement

If a dispute arises between a euro area Member State and the ESM in connection with the interpretation and application of the treaty establishing the ESM, the Board of Governors will decide on this dispute. If the Member State contests this decision, such dispute shall be submitted to the European Court of Justice in accordance with Art. 273 TFEU.

With regard to the relationship between the ESM and third parties, the applicable governing law and jurisdiction will be dealt with by the legal and contractual documentation which will then be put in place between the ESM and those third parties.

Annex

ESM contribution key based on the ECB key

ESM contribution key

| Country | ISO | ESM key |
| --- | --- | --- |
| Austria | AT | 2.783 |
| Belgium | BE | 3.477 |
| Cyprus | CY | 0.196 |
| Estonia | EE | 0.186 |
| Finland | FI | 1.797 |
| France | FR | 20.386 |
| Germany | DE | 27.146 |
| Greece | EL | 2.817 |
| Ireland | IE | 1.592 |
| Italy | IT | 17.914 |
| Luxembourg | LU | 0.250 |
| Malta | MT | 0.073 |
| Netherlands | NL | 5.717 |
| Portugal | PT | 2.509 |
| Slovakia | SK | 0.824 |
| Slovenia | SI | 0.428 |
| Spain | ES | 11.904 |
| Total | EA17 | 100.0 |

Country

ISO

ESM key

Austria

AT

2.783

Belgium

BE

3.477

Cyprus

CY

0.196

Estonia

EE

0.186

Finland

FI

1.797

France

FR

20.386

Germany

DE

27.146

Greece

EL

2.817

Ireland

IE

1.592

Italy

IT

17.914

Luxembourg

LU

0.250

Malta

MT

0.073

Netherlands

NL

5.717

Portugal

PT

2.509

Slovakia

SK

0.824

Slovenia

SI

0.428

Spain

ES

11.904

Total

EA17

100.0

Notes:

The ESM key is based on the ECB capital contribution key.

Member States with a GDP per capita of less than 75 % of the EU average will benefit from a temporary correction for a period of 12 years after their entry in the euro area.

This temporary correction will be three quarters of the difference between GNI and ECB capital shares (effectively comprising of 75 % of GNI share and 25 % of ECB capital share) as follows: ESM share = ECB key share - 0,75*(ECB key share - GNI share)

The downwards compensation on those countries is redistributed among all the other countries according to their ECB key share.

GNI and GDP per capita in 2010.

| Sources: | ECB, Ameco and DG ECFIN calculations. |
| --- | --- |

Sources:

ECB, Ameco and DG ECFIN calculations.

---

(1)  A decision taken by mutual agreement is a decision taken by unanimity of the Member States participating to the vote, i.e. abstentions do not prevent the decision from being adopted.

1

(2)  During the transition from EFSF to ESM, the combined lending capacity will not exceed this amount.

2

(3)  Subject to a final agreement at political level.

3

(4)  The vote of the Member State whose default is at the origin of the loss to be covered is suspended for this decision.

4

(5)  As a consequence of joining the euro area, a Member State shall become a member of the ESM with full rights and obligations.

5

(6)  It is however understood that any IMF involvement will be consistent with its mandate under the Articles of Agreement and by applicable decision and policies of the IMF Board.

6

(7)  In line with the IMF, debt is considered sustainable when a borrower is expected to be able to continue servicing its debts without an unrealistically large correction to its income and expenditure. This judgement determines the availability and the appropriate scale of financing.

7

---

Thursday 24 March 2011

| 17.8.2012 | EN | Official Journal of the European Union | CE 247/37 |
| --- | --- | --- | --- |

17.8.2012

EN

Official Journal of the European Union

CE 247/37

---

Thursday 24 March 2011Amendment of Council Regulation (EC) No 55/2008 introducing autonomous trade preferences for the Republic of Moldova ***I

P7_TA(2011)0104

European Parliament legislative resolution of 24 March 2011 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 55/2008 introducing autonomous trade preferences for the Republic of Moldova (COM(2010)0649 – C7-0364/2010 – 2010/0318(COD))

2012/C 247 E/09

(Ordinary legislative procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2010)0649), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2010)0649),

| — | having regard to Article 294(2) and Article 207(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0364/2010), |
| --- | --- |

—

having regard to Article 294(2) and Article 207(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0364/2010),

| — | having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

| — | having regard to Rule 55 and 46(1) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 55 and 46(1) of its Rules of Procedure,

| — | having regard to the report of the Committee on International Trade (A7-0041/2011), |
| --- | --- |

—

having regard to the report of the Committee on International Trade (A7-0041/2011),

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

1.

Adopts its position at first reading hereinafter set out;

| 2. | Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text; |
| --- | --- |

2.

Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

| 3. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

3.

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

---

Thursday 24 March 2011P7_TC1-COD(2010)0318

Position of the European Parliament adopted at first reading on 24 March 2011 with a view to the adoption of Regulation (EU) No .../2011 of the European Parliament and of the Council amending Council Regulation (EC) No 55/2008 introducing autonomous trade preferences for the Republic of Moldova

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 581/2011.)

---

| 17.8.2012 | EN | Official Journal of the European Union | CE 247/38 |
| --- | --- | --- | --- |

17.8.2012

EN

Official Journal of the European Union

CE 247/38

---

Thursday 24 March 2011Generalised tariff preferences ***I

P7_TA(2011)0105

European Parliament legislative resolution of 24 March 2011 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 732/2008 applying a scheme of generalised tariff preferences for the period from 1 January 2009 to 31 December 2011 (COM(2010)0142 – C7-0135/2010 – 2010/0140(COD))

2012/C 247 E/10

(Ordinary legislative procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2010)0142), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2010)0142),

| — | having regard to Article 294(2) and Article 207(2), of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0135/2010), |
| --- | --- |

—

having regard to Article 294(2) and Article 207(2), of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0135/2010),

| — | having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

| — | having regard to Rule 55 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on International Trade and the opinion of the Committee on Development (A7-0051/2011), |
| --- | --- |

—

having regard to the report of the Committee on International Trade and the opinion of the Committee on Development (A7-0051/2011),

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

1.

Adopts its position at first reading hereinafter set out;

| 2. | Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text; |
| --- | --- |

2.

Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

| 3. | Calls on the Commission to present a proposal for a new Regulation applying a scheme of generalised tariff preferences without delay; |
| --- | --- |

3.

Calls on the Commission to present a proposal for a new Regulation applying a scheme of generalised tariff preferences without delay;

| 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.

---

Thursday 24 March 2011P7_TC1-COD(2010)0140

Position of the European Parliament adopted at first reading on 24 March 2011 with a view to the adoption of Regulation (EU) No .../2011 of the European Parliament and of the Council amending Council Regulation (EC) No 732/2008 applying a scheme of generalised tariff preferences for the period from 1 January 2009 to 31 December 2011

(As an agreement was reached between Parliament and Council, Parliament’s position corresponds to the final legislative act, Regulation (EU) No 512/2011.)

---

| 17.8.2012 | EN | Official Journal of the European Union | CE 247/39 |
| --- | --- | --- | --- |

17.8.2012

EN

Official Journal of the European Union

CE 247/39

---

Thursday 24 March 2011EC-US air transport agreement ***

P7_TA(2011)0106

European Parliament legislative resolution of 24 March 2011 on the draft decision of the Council and the Representatives of the Governments of the Member States of the European Union, meeting within the Council on the conclusion of the Protocol to Amend the Air Transport Agreement between the United States of America, of the one part, and the European Community and its Member States, of the other part (15381/2010 – C7-0385/2010 – 2010/0112(NLE))

2012/C 247 E/11

(Consent)

The European Parliament,

| — | having regard to the draft decision of the Council and the Representatives of the Governments of the Member States of the European Union, meeting within the Council (15381/2010), |
| --- | --- |

—

having regard to the draft decision of the Council and the Representatives of the Governments of the Member States of the European Union, meeting within the Council (15381/2010),

| — | having regard to the draft protocol amending the 2007 agreement between the European Community and United States of America on Air Transport (09913/2010), |
| --- | --- |

—

having regard to the draft protocol amending the 2007 agreement between the European Community and United States of America on Air Transport (09913/2010),

| — | having regard to the request for consent submitted by the Council in accordance with Article 100(2), Article 218(6), second subparagraph, point (a)(v) and Article 218(8) first subparagraph, of the Treaty on the Functioning of the European Union (C7-0385/2010), |
| --- | --- |

—

having regard to the request for consent submitted by the Council in accordance with Article 100(2), Article 218(6), second subparagraph, point (a)(v) and Article 218(8) first subparagraph, of the Treaty on the Functioning of the European Union (C7-0385/2010),

| — | having regard to its resolution of 17 June 2010 on the EU-US air agreement (1), |
| --- | --- |

—

having regard to its resolution of 17 June 2010 on the EU-US air agreement (1),

| — | having regard to Rules 81 and 90(8) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 81 and 90(8) of its Rules of Procedure,

| — | having regard to the recommendation of the Committee on Transport and Tourism (A7-0046/2011), |
| --- | --- |

—

having regard to the recommendation of the Committee on Transport and Tourism (A7-0046/2011),

| 1. | Consents to conclusion of the protocol; |
| --- | --- |

1.

Consents to conclusion of the protocol;

| 2. | Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and to the US Congress. |
| --- | --- |

2.

Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and to the US Congress.

---

(1)  Texts adopted, P7_TA(2010)0239.

---

| 17.8.2012 | EN | Official Journal of the European Union | CE 247/40 |
| --- | --- | --- | --- |

17.8.2012

EN

Official Journal of the European Union

CE 247/40

---

Thursday 24 March 2011EC-Canada air transport agreement ***

P7_TA(2011)0107

European Parliament legislative resolution of 24 March 2011 on the draft decision of the Council and of the Representatives of the Governments of the Member States of the European Union, meeting within the Council on the conclusion of the Agreement on Air Transport between the European Community and its Member States, of the one part, and Canada, of the other part (15380/2010 – C7-0386/2010 – 2009/0018(NLE))

2012/C 247 E/12

(Consent)

The European Parliament,

| — | having regard to the draft decision of the Council and of the Representatives of the Governments of the Member States, meeting within the Council (15380/2010), |
| --- | --- |

—

having regard to the draft decision of the Council and of the Representatives of the Governments of the Member States, meeting within the Council (15380/2010),

| — | having regard to the draft Agreement between the European Community and its Member States and Canada on air transport (08303/10/2009), |
| --- | --- |

—

having regard to the draft Agreement between the European Community and its Member States and Canada on air transport (08303/10/2009),

| — | having regard to the request for consent submitted by the Council in accordance with Article 100(2), Article 218(6), second subparagraph, point (a)(v) and Article 218(8) first subparagraph, of the Treaty on the Functioning of the European Union (C7-0386/2010), |
| --- | --- |

—

having regard to the request for consent submitted by the Council in accordance with Article 100(2), Article 218(6), second subparagraph, point (a)(v) and Article 218(8) first subparagraph, of the Treaty on the Functioning of the European Union (C7-0386/2010),

| — | having regard to Rules 81 and 90(8) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 81 and 90(8) of its Rules of Procedure,

| — | having regard to the recommendation of the Committee on Transport and Tourism (A7-0045/2011), |
| --- | --- |

—

having regard to the recommendation of the Committee on Transport and Tourism (A7-0045/2011),

| 1. | Consents to conclusion of the Agreement; |
| --- | --- |

1.

Consents to conclusion of the Agreement;

| 2. | Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of Canada. |
| --- | --- |

2.

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

---

| 17.8.2012 | EN | Official Journal of the European Union | CE 247/40 |
| --- | --- | --- | --- |

17.8.2012

EN

Official Journal of the European Union

CE 247/40

---

Thursday 24 March 2011EU-Vietnam air services agreement ***

P7_TA(2011)0108

European Parliament legislative resolution of 24 March 2011 on the draft Council decision on the conclusion of the Agreement between the European Union and the Government of the Socialist Republic of Viet Nam on certain aspects of air services (14876/2010 – C7-0366/2010 – 2007/0082(NLE))

2012/C 247 E/13

(Consent)

The European Parliament,

| — | having regard to the draft Council decision (14876/2010), |
| --- | --- |

—

having regard to the draft Council decision (14876/2010),

| — | having regard to the draft Agreement between the European Union and the Government of the Socialist Republic of Viet Nam on certain aspects of air services (07170/2009), |
| --- | --- |

—

having regard to the draft Agreement between the European Union and the Government of the Socialist Republic of Viet Nam on certain aspects of air services (07170/2009),

| — | having regard to the request for consent submitted by the Council in accordance with Article 100(2) and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C7-0366/2010), |
| --- | --- |

—

having regard to the request for consent submitted by the Council in accordance with Article 100(2) and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C7-0366/2010),

| — | having regard to Rules 81 and 90(8) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 81 and 90(8) of its Rules of Procedure,

| — | having regard to the recommendation of the Committee on Transport and Tourism (A7-0044/2011), |
| --- | --- |

—

having regard to the recommendation of the Committee on Transport and Tourism (A7-0044/2011),

| 1. | Consents to conclusion of the Agreement; |
| --- | --- |

1.

Consents to conclusion of the Agreement;

| 2. | Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Socialist Republic of Viet Nam. |
| --- | --- |

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 Socialist Republic of Viet Nam.

---

| 17.8.2012 | EN | Official Journal of the European Union | CE 247/41 |
| --- | --- | --- | --- |

17.8.2012

EN

Official Journal of the European Union

CE 247/41

---

Thursday 24 March 2011Appointment of a member of the Executive Board of the European Central Bank: Peter Praet (BE)

P7_TA(2011)0110

European Parliament decision of 24 March 2011 on the Council recommendation for appointment of an Executive Board Member of the European Central Bank (00003/2011 – C7-0058/2011 – 2011/0802(NLE))

2012/C 247 E/14

The European Parliament,

| — | having regard to the Council recommendation of 15 February 2011 (00003/2011), |
| --- | --- |

—

having regard to the Council recommendation of 15 February 2011 (00003/2011),

| — | having regard to the second subparagraph of Article 283(2) of the Treaty on the Functioning of the European Union, pursuant to which the European Council consulted Parliament (C7-0058/2011), |
| --- | --- |

—

having regard to the second subparagraph of Article 283(2) of the Treaty on the Functioning of the European Union, pursuant to which the European Council consulted Parliament (C7-0058/2011),

| — | having regard to Rule 109 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 109 of its Rules of Procedure,

| — | having regard to the report of the Committee on Economic and Monetary Affairs (A7-0064/2011), |
| --- | --- |

—

having regard to the report of the Committee on Economic and Monetary Affairs (A7-0064/2011),

| A. | whereas by letter of 18 February 2011 the European Council consulted the European Parliament on the appointment of Peter Praet as a member of the Executive Board of the European Central Bank for a term of office of eight years with effect from 1 June 2011, |
| --- | --- |

A.

whereas by letter of 18 February 2011 the European Council consulted the European Parliament on the appointment of Peter Praet as a member of the Executive Board of the European Central Bank for a term of office of eight years with effect from 1 June 2011,

| B. | whereas Parliament's Committee on Economic and Monetary Affairs then proceeded to evaluate the credentials of the nominee, in particular in view of the requirements laid down in Article 283(2) of the Treaty on the Functioning of the European Union and in the light of the need for full independence of the ECB pursuant to Article 130 of that Treaty, and whereas in carrying out this evaluation, the committee received a CV from the candidate as well as his replies to the written questionnaire that was sent out to him, |
| --- | --- |

B.

whereas Parliament's Committee on Economic and Monetary Affairs then proceeded to evaluate the credentials of the nominee, in particular in view of the requirements laid down in Article 283(2) of the Treaty on the Functioning of the European Union and in the light of the need for full independence of the ECB pursuant to Article 130 of that Treaty, and whereas in carrying out this evaluation, the committee received a CV from the candidate as well as his replies to the written questionnaire that was sent out to him,

| C. | whereas the committee subsequently held a one-and-a-half-hour hearing with the nominee on 16 March 2011, at which he made an opening statement and then responded to questions from the members of the committee, |
| --- | --- |

C.

whereas the committee subsequently held a one-and-a-half-hour hearing with the nominee on 16 March 2011, at which he made an opening statement and then responded to questions from the members of the committee,

| 1. | Delivers a favourable opinion to the European Council on the Council recommendation to appoint Peter Praet as a member of the Executive Board of the European Central Bank; |
| --- | --- |

1.

Delivers a favourable opinion to the European Council on the Council recommendation to appoint Peter Praet as a member of the Executive Board of the European Central Bank;

| 2. | Instructs its President to forward this decision to the European Council and the Council. |
| --- | --- |

2.

Instructs its President to forward this decision to the European Council and the Council.

---

| 17.8.2012 | EN | Official Journal of the European Union | CE 247/42 |
| --- | --- | --- | --- |

17.8.2012

EN

Official Journal of the European Union

CE 247/42

---

Thursday 24 March 2011Single application procedure for residence and work ***I

P7_TA(2011)0115

European Parliament legislative resolution of 24 March 2011 on the proposal for a directive of the European Parliament and of the Council on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State (COM(2007)0638 – C6-0470/2007 – 2007/0229(COD))

2012/C 247 E/15

(Ordinary legislative procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2007)0638), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2007)0638),

| — | having regard to Articles 63(3)(a) and 67 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0470/2007), |
| --- | --- |

—

having regard to Articles 63(3)(a) and 67 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0470/2007),

| — | having regard to its position of 20 November 2008 (1), |
| --- | --- |

—

having regard to its position of 20 November 2008 (1),

| — | having regard to the Communication from the Commission to the European Parliament and the Council entitled ‘Consequences of the entry into force of the Treaty of Lisbon for ongoing interinstitutional decision-making procedures’ (COM(2009)0665), |
| --- | --- |

—

having regard to the Communication from the Commission to the European Parliament and the Council entitled ‘Consequences of the entry into force of the Treaty of Lisbon for ongoing interinstitutional decision-making procedures’ (COM(2009)0665),

| — | having regard to Article 294(3) and points (a) and (b) of Article 79(2) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(3) and points (a) and (b) of Article 79(2) of the Treaty on the Functioning of the European Union,

| — | having regard to the opinion of the European Economic and Social Committee of 9 July 2008 (2), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 9 July 2008 (2),

| — | having regard to the opinion of the Committee of the Regions of 18 June 2008 (3), |
| --- | --- |

—

having regard to the opinion of the Committee of the Regions of 18 June 2008 (3),

| — | having regard to Rules 55 and 56(3) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 55 and 56(3) of its Rules of Procedure,

| — | having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Employment and Social Affairs (A7-0265/2010), |
| --- | --- |

—

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Employment and Social Affairs (A7-0265/2010),

| 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 16 E, 22.1.2010, p. 240.

(2)  OJ C 27, 3.2.2009, p. 114.

(3)  OJ C 257, 9.10.2008, p. 20.

---

Thursday 24 March 2011P7_TC1-COD(2007)0229

Position of the European Parliament adopted at first reading on 24 March 2011 with a view to the adoption of Directive 2011/.../EU of the European Parliament and of the Council on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State

[Am. 122 unless otherwise indicated]

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular points (a) and (b) of Article 79(2) thereof,

Having regard to the proposal from the European Commission,

▐

Having regard to the opinion of the European Economic and Social Committee (1)

Having regard to the opinion of the Committee of the Regions (2),

Acting in accordance with the ordinary legislative procedure (3),

Whereas:

| (1) | For the gradual establishment of an area of freedom, security and justice, the Treaty on the Functioning of the European Union (TFEU) provides for measures to be adopted in the fields of asylum, immigration and protection of the rights of third-country nationals. |
| --- | --- |

(1)

For the gradual establishment of an area of freedom, security and justice, the Treaty on the Functioning of the European Union (TFEU) provides for measures to be adopted in the fields of asylum, immigration and protection of the rights of third-country nationals.

| (2) | The European Council, at its special meeting in Tampere on 15 and 16 October 1999, acknowledged the need for harmonisation of national legislation governing the conditions for admission and residence of third-country nationals. In that context, it stated in particular that the Union should ensure fair treatment of third-country nationals who legally reside in the territory of a Member State and that a more vigorous integration policy should aim to grant them rights and obligations comparable to those of citizens of the Union. The European Council accordingly asked the Council to rapidly adopt the legal instruments on the basis of Commission proposals. The need for achieving the objectives defined at Tampere was reaffirmed by the
  Stockholm Programme which was adopted by the European Council on 10 and 11 December 2009

   (4). |
| --- | --- |

(2)

The European Council, at its special meeting in Tampere on 15 and 16 October 1999, acknowledged the need for harmonisation of national legislation governing the conditions for admission and residence of third-country nationals. In that context, it stated in particular that the Union should ensure fair treatment of third-country nationals who legally reside in the territory of a Member State and that a more vigorous integration policy should aim to grant them rights and obligations comparable to those of citizens of the Union. The European Council accordingly asked the Council to rapidly adopt the legal instruments on the basis of Commission proposals. The need for achieving the objectives defined at Tampere was reaffirmed by the
  Stockholm Programme which was adopted by the European Council on 10 and 11 December 2009

   (4).

| (3) | ▐ Provisions for a single application procedure leading to one combined title encompassing both residence and work permit within one administrative act should contribute to simplifying and harmonising the ▐ rules currently applicable in Member States. Such procedural simplification has already been introduced by
  several
  Member States and has made for a more efficient procedure both for the migrants and for their employers, and allowed easier controls of the legality of their residence and employment. |
| --- | --- |

(3)

▐ Provisions for a single application procedure leading to one combined title encompassing both residence and work permit within one administrative act should contribute to simplifying and harmonising the ▐ rules currently applicable in Member States. Such procedural simplification has already been introduced by
  several
  Member States and has made for a more efficient procedure both for the migrants and for their employers, and allowed easier controls of the legality of their residence and employment.

| (4) | In order to allow initial entry into their territory, Member States should be able to issue, in a timely manner, a single permit or, if they issue such permits exclusively on their territory, a visa. |
| --- | --- |

(4)

In order to allow initial entry into their territory, Member States should be able to issue, in a timely manner, a single permit or, if they issue such permits exclusively on their territory, a visa.

| (5) | A set of rules governing the procedure for examination of the application for a single permit should be laid down. Those procedures should be effective and manageable, taking account of the normal workload of the Member States’ administrations, as well as transparent and fair, in order to offer appropriate legal certainty to those concerned. |
| --- | --- |

(5)

A set of rules governing the procedure for examination of the application for a single permit should be laid down. Those procedures should be effective and manageable, taking account of the normal workload of the Member States’ administrations, as well as transparent and fair, in order to offer appropriate legal certainty to those concerned.

| (6) | The conditions and criteria on the basis of which an application for a single permit can be rejected
  should be objective and
  laid down in national law including the obligation to respect the principle of Union preference as expressed in particular in the relevant provisions of the Acts of Accession of 16 April 2003 and 25 April 2005.
  Any rejection decision should be duly reasoned
  . |
| --- | --- |

(6)

The conditions and criteria on the basis of which an application for a single permit can be rejected
  should be objective and
  laid down in national law including the obligation to respect the principle of Union preference as expressed in particular in the relevant provisions of the Acts of Accession of 16 April 2003 and 25 April 2005.
  Any rejection decision should be duly reasoned
  .

| (7) | The single permit should be drawn up in accordance with Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals (5), enabling the Member States to enter
  additional
  information, in particular as to whether or not the person is permitted to work. Member States should indicate – also for the purpose of better control of migration – not only in the single permit but also in all the issued residence permits information relating to any permission to work irrespective of the type of the permit or the residence title on the basis of which the third-country national has been admitted to the territory of a Member State and has been given access to the labour market of that Member State ▐. |
| --- | --- |

(7)

The single permit should be drawn up in accordance with Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals (5), enabling the Member States to enter
  additional
  information, in particular as to whether or not the person is permitted to work. Member States should indicate – also for the purpose of better control of migration – not only in the single permit but also in all the issued residence permits information relating to any permission to work irrespective of the type of the permit or the residence title on the basis of which the third-country national has been admitted to the territory of a Member State and has been given access to the labour market of that Member State ▐.

| (8) | The obligation on the Member States to determine whether an application for a single permit is to be made by a third-country national or by his or her employer should be without prejudice to any arrangements requiring both to be involved in the procedure. The Member States should decide whether an application for a single permit is to be made in the Member State of destination or from a third country. Where the third-country national is not permitted to make an application from a third country, Member States should ensure that the application may be made by the employer in the Member State of destination. |
| --- | --- |

(8)

The obligation on the Member States to determine whether an application for a single permit is to be made by a third-country national or by his or her employer should be without prejudice to any arrangements requiring both to be involved in the procedure. The Member States should decide whether an application for a single permit is to be made in the Member State of destination or from a third country. Where the third-country national is not permitted to make an application from a third country, Member States should ensure that the application may be made by the employer in the Member State of destination.

| (9) | The provisions of this Directive on residence permits for a purpose other than work should apply only to the format of such permits and should be without prejudice to national or Union rules on admission procedures and on procedures for issuing such permits. |
| --- | --- |

(9)

The provisions of this Directive on residence permits for a purpose other than work should apply only to the format of such permits and should be without prejudice to national or Union rules on admission procedures and on procedures for issuing such permits.

| (10) | The provisions of this Directive on the single application procedure and on the single permit should not apply to uniform and long-stay visas. |
| --- | --- |

(10)

The provisions of this Directive on the single application procedure and on the single permit should not apply to uniform and long-stay visas.

| (11) | The deadline for adopting a decision on the application should not include the time required for the recognition of professional qualifications or the time required for issuing a visa. This Directive should be without prejudice to national procedures on the recognition of diplomas. |
| --- | --- |

(11)

The deadline for adopting a decision on the application should not include the time required for the recognition of professional qualifications or the time required for issuing a visa. This Directive should be without prejudice to national procedures on the recognition of diplomas.

| (12) | The designation of the competent authority under this Directive should be without prejudice to the role and responsibilities of other authorities and, where applicable, the social partners, with regard to the examination of, and the decision on, the application. |
| --- | --- |

(12)

The designation of the competent authority under this Directive should be without prejudice to the role and responsibilities of other authorities and, where applicable, the social partners, with regard to the examination of, and the decision on, the application.

| (13) | The provisions of this Directive are without prejudice to the competence of the Member States to decide on the admission, including volumes of admission, of third-country nationals for the purpose of work. |
| --- | --- |

(13)

The provisions of this Directive are without prejudice to the competence of the Member States to decide on the admission, including volumes of admission, of third-country nationals for the purpose of work.

| (14) | Third-country nationals who are in possession of a valid travel document and a single permit issued by a Member State applying the Schengen acquis in full, should be allowed to enter into and move freely within the territory of the Member States applying the Schengen acquis in full, for a period up to three months in accordance with Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (6) and Article 21 of the The Schengen acquis - Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (Schengen Implementing Convention) (7). |
| --- | --- |

(14)

Third-country nationals who are in possession of a valid travel document and a single permit issued by a Member State applying the Schengen acquis in full, should be allowed to enter into and move freely within the territory of the Member States applying the Schengen acquis in full, for a period up to three months in accordance with Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (6) and Article 21 of the The Schengen acquis - Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (Schengen Implementing Convention) (7).

| (15) | In the absence of
  Union
  law, the rights of third-country nationals vary, depending on the Member State in which they work and on their nationality. ▐ With a view to
  pursuing the
  further development of a coherent immigration policy
  , narrowing
  the rights gap between citizens
  of the Union
  and third-country nationals who legally work in a Member State
  ,
  and complementing the existing immigration acquis, a set of rights should be laid down in particular in the form of specifying the policy fields where equal treatment with own nationals is provided for third-country workers legally admitted in a Member State but not yet long-term residents. Such provisions are intended to establish a
  minimum
  level playing field within the Union, to recognise that such third-country nationals who legally work in Member States contribute to the European economy through their work and tax payments, and to serve as a safeguard to reduce unfair competition between own nationals and third-country nationals resulting from possible exploitation of the latter.
  The definition of ‘third-country worker’ in this Directive means, without prejudice to the interpretation of the concept of employment relationship in other legal acts of the Union, a third-country national who has been admitted to the territory of a Member State and legally resides and is allowed to work there in accordance with national law or practice. [Am. 123] |
| --- | --- |

(15)

In the absence of
  Union
  law, the rights of third-country nationals vary, depending on the Member State in which they work and on their nationality. ▐ With a view to
  pursuing the
  further development of a coherent immigration policy
  , narrowing
  the rights gap between citizens
  of the Union
  and third-country nationals who legally work in a Member State
  ,
  and complementing the existing immigration acquis, a set of rights should be laid down in particular in the form of specifying the policy fields where equal treatment with own nationals is provided for third-country workers legally admitted in a Member State but not yet long-term residents. Such provisions are intended to establish a
  minimum
  level playing field within the Union, to recognise that such third-country nationals who legally work in Member States contribute to the European economy through their work and tax payments, and to serve as a safeguard to reduce unfair competition between own nationals and third-country nationals resulting from possible exploitation of the latter.
  The definition of ‘third-country worker’ in this Directive means, without prejudice to the interpretation of the concept of employment relationship in other legal acts of the Union, a third-country national who has been admitted to the territory of a Member State and legally resides and is allowed to work there in accordance with national law or practice. [Am. 123]

| (16) | All third-country nationals who legally reside and work in a Member State should enjoy at least the same common set of rights in the form of equal treatment with the nationals of the host Member State, irrespective of the initial purpose of, or basis for, admission. The right to equal treatment in the fields specified by this Directive should be granted not only to those third-country nationals who have been admitted to the territory of a Member State for work but also to those who have been admitted for another purpose and who have been given access to the labour market of that Member State in accordance with national or Union law, including those admitted in accordance with Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification (8), Council Directive 2004/114/EC of 13 December 2004 on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service (9) or Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country nationals for the purposes of scientific research (10). |
| --- | --- |

(16)

All third-country nationals who legally reside and work in a Member State should enjoy at least the same common set of rights in the form of equal treatment with the nationals of the host Member State, irrespective of the initial purpose of, or basis for, admission. The right to equal treatment in the fields specified by this Directive should be granted not only to those third-country nationals who have been admitted to the territory of a Member State for work but also to those who have been admitted for another purpose and who have been given access to the labour market of that Member State in accordance with national or Union law, including those admitted in accordance with Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification (8), Council Directive 2004/114/EC of 13 December 2004 on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service (9) or Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country nationals for the purposes of scientific research (10).

| (17) | Third-country nationals who are long-term residents in accordance with Council Directive 2003/109/EC (11) are not covered by this Directive because they have a more privileged status and benefit from a specific type of residence permit: ‘long-term resident – EU’. |
| --- | --- |

(17)

Third-country nationals who are long-term residents in accordance with Council Directive 2003/109/EC (11) are not covered by this Directive because they have a more privileged status and benefit from a specific type of residence permit: ‘long-term resident – EU’.

| (18) | Posted
  third-country nationals
  are not
  covered by
  this Directive. This should not prevent third-country nationals who legally reside and work in a Member State and are posted to another Member State from continuing to enjoy equal treatment with respect to nationals of the Member State of origin for the duration of their posting, in respect of those terms and conditions of employment which are not affected by the application 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 (12) ▐. [Ams. 122 and 124] |
| --- | --- |

(18)

Posted
  third-country nationals
  are not
  covered by
  this Directive. This should not prevent third-country nationals who legally reside and work in a Member State and are posted to another Member State from continuing to enjoy equal treatment with respect to nationals of the Member State of origin for the duration of their posting, in respect of those terms and conditions of employment which are not affected by the application 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 (12) ▐. [Ams. 122 and 124]

| (19) | Third-country nationals who have been admitted to the territory of a Member State ▐ to work on a seasonal basis should not be covered by the Directive given their temporary status. |
| --- | --- |

(19)

Third-country nationals who have been admitted to the territory of a Member State ▐ to work on a seasonal basis should not be covered by the Directive given their temporary status.

| (20) | The right to equal treatment in specified policy fields should be strictly linked to the third-country national's legal residence and the access given to the labour market in a Member State, which is enshrined in the single permit encompassing the authorisation to both reside and work and in residence permits issued for other purposes containing the information about the permission to work. |
| --- | --- |

(20)

The right to equal treatment in specified policy fields should be strictly linked to the third-country national's legal residence and the access given to the labour market in a Member State, which is enshrined in the single permit encompassing the authorisation to both reside and work and in residence permits issued for other purposes containing the information about the permission to work.

| (21) | Working conditions set out in this Directive are to be understood to cover at least pay and dismissal, health and safety at the workplace, working time and leave, taking into account any collective agreements in force. [Ams. 122 and 125] |
| --- | --- |

(21)

Working conditions set out in this Directive are to be understood to cover at least pay and dismissal, health and safety at the workplace, working time and leave, taking into account any collective agreements in force. [Ams. 122 and 125]

| (22) | Professional qualifications acquired by a third-country national in another Member State should be recognised the same way as those of citizens
  of the Union
  and qualifications acquired in a third country should be taken into account in accordance with the provisions of Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (13).
  The right of third-country workers to equal treatment, as regards the recognition of diplomas, certificates and other professional qualifications in accordance with the relevant national procedures, is without prejudice to the competence of Member States to admit those third-country workers to their labour market. [Ams. 122 and 126] |
| --- | --- |

(22)

Professional qualifications acquired by a third-country national in another Member State should be recognised the same way as those of citizens
  of the Union
  and qualifications acquired in a third country should be taken into account in accordance with the provisions of Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (13).
  The right of third-country workers to equal treatment, as regards the recognition of diplomas, certificates and other professional qualifications in accordance with the relevant national procedures, is without prejudice to the competence of Member States to admit those third-country workers to their labour market. [Ams. 122 and 126]

| (23) | Third-country
  workers
  should enjoy equal treatment as regards social security. Branches of social security are defined in
  Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems

   (14). The provisions on equal treatment concerning social security in this Directive also apply to
  workers
  coming to a Member State directly from a third country. Nevertheless, this Directive should not confer
  on third-country workers
  more rights than those already provided in existing
  Union
  law in the field of social security for third-country nationals who have cross-border elements between Member States.
  This Directive, furthermore, should not grant rights in relation to situations which lie outside the scope of Union law, such as to family members residing in a third country. This Directive grants rights in relation only to those family members who join the third-country worker to reside in a Member State on the basis of family reunification or to family members who already legally reside in a Member State with the third-country worker. [Ams. 122 and 127] |
| --- | --- |

(23)

Third-country
  workers
  should enjoy equal treatment as regards social security. Branches of social security are defined in
  Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems

   (14). The provisions on equal treatment concerning social security in this Directive also apply to
  workers
  coming to a Member State directly from a third country. Nevertheless, this Directive should not confer
  on third-country workers
  more rights than those already provided in existing
  Union
  law in the field of social security for third-country nationals who have cross-border elements between Member States.
  This Directive, furthermore, should not grant rights in relation to situations which lie outside the scope of Union law, such as to family members residing in a third country. This Directive grants rights in relation only to those family members who join the third-country worker to reside in a Member State on the basis of family reunification or to family members who already legally reside in a Member State with the third-country worker. [Ams. 122 and 127]

| (24) | Union law does not limit the power of the Member States to organise their social security schemes. In the absence of harmonisation at Union level, it is for the law of each Member State to lay down the conditions under which social security benefits are granted, as well as the amount of such benefits and the period for which they are granted. However, when exercising that power, Member States should comply with Union law. [Ams. 122 and 128] |
| --- | --- |

(24)

Union law does not limit the power of the Member States to organise their social security schemes. In the absence of harmonisation at Union level, it is for the law of each Member State to lay down the conditions under which social security benefits are granted, as well as the amount of such benefits and the period for which they are granted. However, when exercising that power, Member States should comply with Union law. [Ams. 122 and 128]

| (25) | Member States should give at least equal treatment to third-country nationals who are in employment or who, after a period of employment, are registered as unemployed. Any restrictions to the equal treatment in the field of social security under this Directive should be without prejudice to the rights conferred in application of Regulation (EU) No 1231/2010 of the European Parliament and of the Council of 24 November 2010 extending Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 to nationals of third countries who are not already covered by these Regulations solely on the ground of their nationality

   (15)

  . [Am. 130] |
| --- | --- |

(25)

Member States should give at least equal treatment to third-country nationals who are in employment or who, after a period of employment, are registered as unemployed. Any restrictions to the equal treatment in the field of social security under this Directive should be without prejudice to the rights conferred in application of Regulation (EU) No 1231/2010 of the European Parliament and of the Council of 24 November 2010 extending Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 to nationals of third countries who are not already covered by these Regulations solely on the ground of their nationality

   (15)

  . [Am. 130]

| (26) | Equal treatment of third-country workers does not cover measures in the field of vocational training which are financed under social assistance schemes. [Ams. 122 and 129] |
| --- | --- |

(26)

Equal treatment of third-country workers does not cover measures in the field of vocational training which are financed under social assistance schemes. [Ams. 122 and 129]

| (27) | Since the objectives of
  this Directive
  , namely determining a single application procedure for issuing a single permit for third-country nationals to work in the territory of a Member State and securing rights for third-country workers who legally reside in a Member State cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects 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 those objectives. |
| --- | --- |

(27)

Since the objectives of
  this Directive
  , namely determining a single application procedure for issuing a single permit for third-country nationals to work in the territory of a Member State and securing rights for third-country workers who legally reside in a Member State cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects 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 those objectives.

| (28) | This Directive respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union
  , in accordance with Article 6 of the Treaty on European Union. |
| --- | --- |

(28)

This Directive respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union
  , in accordance with Article 6 of the Treaty on European Union.

| (29) | This Directive should be applied without prejudice to more favourable provisions contained in Union law and international instruments. |
| --- | --- |

(29)

This Directive should be applied without prejudice to more favourable provisions contained in Union law and international instruments.

| (30) | Member States should give effect to the provisions of this Directive without discrimination on the basis of sex, race, colour, ethnic or social origin, genetic characteristics, language, religion or beliefs, political or other opinions, membership of a national minority, fortune, birth, disabilities, age or sexual orientation in accordance, in particular, with Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (16) and Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (17). |
| --- | --- |

(30)

Member States should give effect to the provisions of this Directive without discrimination on the basis of sex, race, colour, ethnic or social origin, genetic characteristics, language, religion or beliefs, political or other opinions, membership of a national minority, fortune, birth, disabilities, age or sexual orientation in accordance, in particular, with Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (16) and Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (17).

| (31) | In accordance with Articles 1 and 2 of the Protocol
  (No 21)
  on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the TFEU and without prejudice to Article 4 of
  that
  Protocol
  those
  Member States are
  not taking part
  in the adoption of this Directive and are not bound by
  it
  or subject to its application. |
| --- | --- |

(31)

In accordance with Articles 1 and 2 of the Protocol
  (No 21)
  on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the TFEU and without prejudice to Article 4 of
  that
  Protocol
  those
  Member States are
  not taking part
  in the adoption of this Directive and are not bound by
  it
  or subject to its application.

| (32) | In accordance with Articles 1 and 2 of the Protocol
  (No 22)
  on the position of Denmark, annexed to the Treaty on European Union and
  to
  the TFEU, Denmark is not
  taking part
  in the adoption of this Directive and is not bound by it or subject to its application, |
| --- | --- |

(32)

In accordance with Articles 1 and 2 of the Protocol
  (No 22)
  on the position of Denmark, annexed to the Treaty on European Union and
  to
  the TFEU, Denmark is not
  taking part
  in the adoption of this Directive and is not bound by it or subject to its application,

HAVE ADOPTED THIS DIRECTIVE

Chapter I

General provisions

Article 1

Subject matter

This Directive establishes:

| (a) | a single application procedure for issuing a single permit for third-country nationals to reside
  for the purpose of
  work in the territory of a Member State, in order to simplify
  the procedures for
  their admission and to facilitate the control of their status; and |
| --- | --- |

(a)

a single application procedure for issuing a single permit for third-country nationals to reside
  for the purpose of
  work in the territory of a Member State, in order to simplify
  the procedures for
  their admission and to facilitate the control of their status; and

| (b) | a common set of rights to third-country workers who legally reside in a Member State
  , irrespective of the purpose for which they were admitted to the territory of that Member State, based on equal treatment with nationals of that Member State
  . |
| --- | --- |

(b)

a common set of rights to third-country workers who legally reside in a Member State
  , irrespective of the purpose for which they were admitted to the territory of that Member State, based on equal treatment with nationals of that Member State
  .

This Directive is without prejudice to the Member States’ powers concerning the admission of third-country nationals to their labour markets.

Article 2

Definitions

For the purposes of this Directive:

| (a) | ‘third-country national’ means any person who is not a citizen of the Union within the meaning of
  Article 20(1)
  TFEU; |
| --- | --- |

(a)

‘third-country national’ means any person who is not a citizen of the Union within the meaning of
  Article 20(1)
  TFEU;

| (b) | ‘third-country worker’ means any third-country national who has been admitted to the territory of a Member State
  , legally resides in that Member State
  and is allowed to work
  in that Member State in accordance with national law or practice
  ; [Am. 131] |
| --- | --- |

(b)

‘third-country worker’ means any third-country national who has been admitted to the territory of a Member State
  , legally resides in that Member State
  and is allowed to work
  in that Member State in accordance with national law or practice
  ; [Am. 131]

| (c) | ‘single permit’ means
  a residence permit
  issued by the authorities of a Member State allowing a third-country national to stay legally in its territory
  for the purpose of work
  ; |
| --- | --- |

(c)

‘single permit’ means
  a residence permit
  issued by the authorities of a Member State allowing a third-country national to stay legally in its territory
  for the purpose of work
  ;

| (d) | ‘single application procedure’ means any procedure leading, on the basis of
  a single
  application
  made by a third-country national, or by his or her employer,
  for the authorisation of residence and work in the territory of a Member State, to a decision
  ruling
  on
  that application for
  the single permit ▐. |
| --- | --- |

(d)

‘single application procedure’ means any procedure leading, on the basis of
  a single
  application
  made by a third-country national, or by his or her employer,
  for the authorisation of residence and work in the territory of a Member State, to a decision
  ruling
  on
  that application for
  the single permit ▐.

Article 3

Scope

1.   This Directive shall apply to:

| (a) | third-country nationals seeking to reside in the territory of a Member State
  for the purpose of work
  ; |
| --- | --- |

(a)

third-country nationals seeking to reside in the territory of a Member State
  for the purpose of work
  ;

| (b) | third-country
  nationals who have been admitted to a Member State for a purpose other than work under national or Union law and who are permitted to work and have been issued a residence permit in accordance with Regulation (EC) No 1030/2002; and |
| --- | --- |

(b)

third-country
  nationals who have been admitted to a Member State for a purpose other than work under national or Union law and who are permitted to work and have been issued a residence permit in accordance with Regulation (EC) No 1030/2002; and

| (c) | third-country nationals who have been admitted to a Member State for the purpose of work under national or Union law
  . |
| --- | --- |

(c)

third-country nationals who have been admitted to a Member State for the purpose of work under national or Union law
  .

2.   This Directive shall not apply to third-country nationals:

| (a) | who are family members of citizens of the Union who have exercised, or are exercising their right to free movement within the
  Union in accordance with Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States

   (18); |
| --- | --- |

(a)

who are family members of citizens of the Union who have exercised, or are exercising their right to free movement within the
  Union in accordance with Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States

   (18);

| (b) | who, together with their family members and irrespective of their nationality enjoy rights of free movement equivalent to those of citizens of the Union under agreements either between the Union and the Member States or between the Union and a third country; |
| --- | --- |

(b)

who, together with their family members and irrespective of their nationality enjoy rights of free movement equivalent to those of citizens of the Union under agreements either between the Union and the Member States or between the Union and a third country;

| (c) | who are posted; |
| --- | --- |

(c)

who are posted;

| (d) | who have applied for admission or have been admitted to the territory of a Member State for the purpose of work as intra-corporate transferees
  ; |
| --- | --- |

(d)

who have applied for admission or have been admitted to the territory of a Member State for the purpose of work as intra-corporate transferees
  ;

| (e) | who
  have applied for admission or
  have been admitted to the territory of a Member State
  as
  seasonal
  workers or au pairs
  ; |
| --- | --- |

(e)

who
  have applied for admission or
  have been admitted to the territory of a Member State
  as
  seasonal
  workers or au pairs
  ;

| (f) | who are authorised to reside in a Member State on the basis of temporary protection, or who have applied for authorisation to reside there on that basis and are awaiting a decision on their status; |
| --- | --- |

(f)

who are authorised to reside in a Member State on the basis of temporary protection, or who have applied for authorisation to reside there on that basis and are awaiting a decision on their status;

| (g) | who are beneficiaries of international protection under Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third-country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted

   (19)

  or who have applied for international protection under that Directive and whose application has not yet given rise to a final decision; |
| --- | --- |

(g)

who are beneficiaries of international protection under Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third-country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted

   (19)

  or who have applied for international protection under that Directive and whose application has not yet given rise to a final decision;

| (h) | who are beneficiaries of protection in accordance with national law, international obligations or the practice of the Member State or have applied for protection in accordance with national law, international obligations or the practice of the Member State and whose application has not given rise to a final decision;


  ▐ |
| --- | --- |

(h)

who are beneficiaries of protection in accordance with national law, international obligations or the practice of the Member State or have applied for protection in accordance with national law, international obligations or the practice of the Member State and whose application has not given rise to a final decision;

▐

| (i) | who are long-term residents in accordance with Directive 2003/109/EC; |
| --- | --- |

(i)

who are long-term residents in accordance with Directive 2003/109/EC;

| (j) | whose
  removal
  has been suspended for reasons of fact or law; |
| --- | --- |

(j)

whose
  removal
  has been suspended for reasons of fact or law;

| (k) | who have applied for admission or have been admitted to the territory of a Member State as self-employed workers; |
| --- | --- |

(k)

who have applied for admission or have been admitted to the territory of a Member State as self-employed workers;

| (l) | who have applied for admission or have been admitted as seafarers for employment or work in any capacity on board of a ship registered in, or sailing under the flag of, a Member State. |
| --- | --- |

(l)

who have applied for admission or have been admitted as seafarers for employment or work in any capacity on board of a ship registered in, or sailing under the flag of, a Member State.

3.
     
  Member States may decide that Chapter II of this Directive does not apply to third-country nationals who have been either authorised to work in the territory of a Member State for a period not exceeding six months or admitted to that Member State for the purpose of study.

4.
     
  Chapter II of this Directive shall not apply to third-country nationals who are authorised to work on the basis of a visa.

Chapter II

Single application procedure and Single permit

Article 4

Single application procedure

1.   An application
  for a single permit
  shall be submitted in a single application procedure.
  Member States shall determine whether applications for a single permit are to be made by the third-country national or by his or her employer. Member States may also decide to allow an application from either of the two. If the application is to be submitted by the third-country national, Member States shall allow the application to be introduced from a third country or, if so provided for by national law, in the territory of the Member State in which he or she is already legally admitted.

2.   Member States shall examine the application and adopt a decision to grant, modify or renew the single permit if the applicant fulfils requirements laid down in national
  or Union
  law. The decision granting, modifying or renewing the single permit shall constitute
  a single administrative act combining a
  residence
  permit
  and
  a
  work permit ▐.

3.
     
  The single application procedure shall be without prejudice to the visa procedure which may be required for initial entry.

4.
     
  Member States shall issue a single permit, where the conditions provided for are met, to third-country nationals who apply for admission and to third-country nationals already admitted who apply to renew or modify their residence permit after the entry into force of the national implementing provisions.

Article 5

Competent authority

1.   Member States shall designate the authority competent to receive the application and to issue the single permit.

2.   The
  competent
  authority shall process the application and adopt a decision on the application as soon as possible and in any event no later than three months from the date on which the application was lodged.

The time limit referred to in the first subparagraph may be extended in exceptional circumstances, linked to the complexity of the examination of the application.

The consequences of the failure to adopt a decision within the period referred to in this article shall be determined by national law of the relevant Member State.

3.   The
  competent
  authority shall notify the decision to the applicant in writing in accordance with the notification procedures laid down in
  national law
  .

4.   If the information
  or documents
  supporting the application
  are incomplete according to the criteria specified in national law
  , the
  competent
  authority shall notify the applicant
  in writing
  of the additional information
  or documents
  required
  and may set a reasonable deadline to provide them
  . The period referred to in paragraph 2 shall be suspended until the authorities have received the additional information required.
  If additional information or documents have not been provided within the deadline, the application may be rejected.

Article 6

Single permit

1.   Member States shall issue the single permit using the uniform format as laid down in Regulation (EC) No 1030/2002 and shall indicate the information relating to the permission to work in accordance with point 7.5.-9 of point (a) of the Annex thereto.

2.   
  When issuing the single permit
  Member States shall issue no additional permits ▐ as proof of the access given to the labour market.

Article 7

Residence permits issued for purposes other than work

When issuing residence permits in accordance with Regulation (EC) No 1030/2002, Member States shall:

| (a) | indicate the information relating to the permission to work irrespective of the type of the permit; and |
| --- | --- |

(a)

indicate the information relating to the permission to work irrespective of the type of the permit; and

| (b) | issue no additional permits ▐ as proof of
  authorisation to
  access the labour market. |
| --- | --- |

(b)

issue no additional permits ▐ as proof of
  authorisation to
  access the labour market.

Article 8

Remedies

1.   Reasons shall be given in the written notification for any decision rejecting an application
  for, refusing to
  modify or renew, or withdrawing a single permit, on the basis of criteria
  provided for by
  national or
  Union
  law.

2.   Any decision rejecting the application for, refusing to modify or renew, or withdrawing a single permit shall be
  subject to appeal in
  the Member State concerned
  , in accordance with national law
  . The written notification shall specify the
  court or administrative authority where the appeal is to be lodged
  and the time-limit for
  so doing
  .

3.
     
  An application may be considered inadmissible on the grounds of volumes of admission of third-country nationals coming for the purpose of work and, on that basis, need not be processed.

Article 9

Access to information

Member States shall
  provide, upon request, adequate information to
  the third-country national and his or her future employer about
  the documents required to make a complete
  application.

Article 10

Fees

Member States may request applicants to pay a fee ▐.
  Where appropriate, Member States shall charge a fee
  for handling applications in accordance with this Directive. The level of such a fee
  shall
  be proportionate to and
  may
  be based on
  the cost of
  the
  services
  actually provided
  for the processing of applications and issuing of permits
  .

Article 11

Rights on the basis of the single permit

Where a
  single permit
  has been issued in accordance with national law it
  shall
  authorise, during its period of validity,
  its holder as a minimum to:

| (a) | enter ▐ and stay in the territory of the Member State issuing the single permit
  , provided that he or she meets all admission requirements in accordance with national law
  ;
  ▐ |
| --- | --- |

(a)

enter ▐ and stay in the territory of the Member State issuing the single permit
  , provided that he or she meets all admission requirements in accordance with national law
  ;

▐

| (b) | have free access to the entire territory of the Member State issuing the single permit within the limits provided for by national law ▐; |
| --- | --- |

(b)

have free access to the entire territory of the Member State issuing the single permit within the limits provided for by national law ▐;

| (c) | exercise the
  specific professional activity
  authorised under the single permit
  in accordance with national law
  ; |
| --- | --- |

(c)

exercise the
  specific professional activity
  authorised under the single permit
  in accordance with national law
  ;

| (d) | be informed about his or her own rights linked to the single permit conferred by this Directive
  and/
  or by national law. |
| --- | --- |

(d)

be informed about his or her own rights linked to the single permit conferred by this Directive
  and/
  or by national law.

Chapter III

Right to equal treatment

Article 12

Rights

1.   Third-country workers
  as referred to in points (b) and (c) of Article 3(1)
  shall enjoy equal treatment with nationals
  of the Member State where they reside
  with regard to:

| (a) | working conditions, including pay and dismissal as well as health and safety at the workplace; |
| --- | --- |

(a)

working conditions, including pay and dismissal as well as health and safety at the workplace;

| (b) | freedom of association and affiliation and membership of an organisation representing workers or employers or of any organisation whose members are engaged in a specific occupation, including the benefits conferred by such organisations, without prejudice to the national provisions on public policy and public security; |
| --- | --- |

(b)

freedom of association and affiliation and membership of an organisation representing workers or employers or of any organisation whose members are engaged in a specific occupation, including the benefits conferred by such organisations, without prejudice to the national provisions on public policy and public security;

| (c) | education and vocational training; |
| --- | --- |

(c)

education and vocational training;

| (d) | recognition of diplomas, certificates and other professional qualifications in accordance with the relevant national procedures; |
| --- | --- |

(d)

recognition of diplomas, certificates and other professional qualifications in accordance with the relevant national procedures;

| (e) | branches of social security, as defined in
  Regulation (EC) No 883/2004
  ; [Ams. 122 and 132]

  ▐ |
| --- | --- |

(e)

branches of social security, as defined in
  Regulation (EC) No 883/2004
  ; [Ams. 122 and 132]

▐

| (f) | tax benefits
  , in so far as the worker is deemed to be resident for tax purposes in the Member State concerned
  ; [Ams. 122 and 133] |
| --- | --- |

(f)

tax benefits
  , in so far as the worker is deemed to be resident for tax purposes in the Member State concerned
  ; [Ams. 122 and 133]

| (g) | access to goods and services and the supply of goods and services made available to the public including procedures for obtaining housing and the assistance
  and advice services
  afforded by employment offices
  as provided by national law, without prejudice to the freedom of contract in accordance national and Union law
  . [Am. 134] |
| --- | --- |

(g)

access to goods and services and the supply of goods and services made available to the public including procedures for obtaining housing and the assistance
  and advice services
  afforded by employment offices
  as provided by national law, without prejudice to the freedom of contract in accordance national and Union law
  . [Am. 134]

2.   Member States may restrict equal treatment with nationals:

| (a) | under point (c) of paragraph 1, by:








  — | limiting its application to those third-country workers who are or have been in employment, [Am. 135] |
| --- | --- | --- |

(a)

under point (c) of paragraph 1, by:

—

limiting its application to those third-country workers who are or have been in employment, [Am. 135]

| — | excluding those third-country workers who have been admitted to their territory in accordance with Directive 2004/114/EC, |
| --- | --- |

—

excluding those third-country workers who have been admitted to their territory in accordance with Directive 2004/114/EC,

| — | excluding study and maintenance grants and loans or other grants and loans, |
| --- | --- |

—

excluding study and maintenance grants and loans or other grants and loans,

| — | laying down specific prerequisites including
  language proficiency
  and the payment of tuition fees, in accordance with national law, with respect to
  access to
  university and post-secondary
  education and
  to vocational
  training
  which is not directly linked
  to the
  concrete employment activity; |
| --- | --- |

—

laying down specific prerequisites including
  language proficiency
  and the payment of tuition fees, in accordance with national law, with respect to
  access to
  university and post-secondary
  education and
  to vocational
  training
  which is not directly linked
  to the
  concrete employment activity;

▐ [Ams. 122 and 136]

| (b) | by limiting the rights conferred on third-country workers under point (e) of paragraph 1
  but not restricting such rights for third-country workers
  who are in employment
  or who have been employed for a minimum period of six months and who are registered as unemployed
  .

  In addition, Member States may decide that point (e) of paragraph 1 with regard to family benefits shall not apply to third-country nationals who have been authorised to work in the territory of a Member State for a period not exceeding six months, to third-country nationals who have been admitted for the purpose of study or to third-country nationals who are permitted to work on the basis of a visa;

  ▐ [Ams. 122 and 137] |
| --- | --- |

(b)

by limiting the rights conferred on third-country workers under point (e) of paragraph 1
  but not restricting such rights for third-country workers
  who are in employment
  or who have been employed for a minimum period of six months and who are registered as unemployed
  .

▐ [Ams. 122 and 137]

| (c) | under point (f) of paragraph 1 with respect to tax benefits, by limiting its application to cases where the registered or usual place of residence of the family members of the third-country worker for whom he or she claims benefits is in the territory of the Member State concerned; [Ams. 122 and 140] |
| --- | --- |

(c)

under point (f) of paragraph 1 with respect to tax benefits, by limiting its application to cases where the registered or usual place of residence of the family members of the third-country worker for whom he or she claims benefits is in the territory of the Member State concerned; [Ams. 122 and 140]

| (d) | ▐ under
  point (g) of paragraph 1, by
  :






  — | limiting its application to those third-country workers who are in employment, |
| --- | --- | --- |

(d)

▐ under
  point (g) of paragraph 1, by
  :

—

limiting its application to those third-country workers who are in employment,

| — | restricting access to housing. |
| --- | --- |

—

restricting access to housing.

3.
     
  The right to equal treatment as laid down in paragraph 1 is without prejudice to the right of the Member State to withdraw or to refuse to renew a residence permit issued under this Directive, a residence permit issued for a purpose other than work, or any other authorisation to work in a Member State.

4.
     
  Third-country workers moving to a third country, or the survivors of such workers residing in a third country deriving rights from the worker, shall receive, in relation to old age, invalidity and death, statutory pensions based on the workers’ previous employment and acquired in accordance with the legislation set out in Article 3 of Regulation (EC) No 883/2004 under the same conditions and at the same rates as the nationals of the Member States concerned when they move to a third country. [Am. 141]

Article 13

More favourable provisions

1.   This Directive shall apply without prejudice to more favourable provisions of:

| (a) | Union
  law, including bilateral and multilateral agreements between the
  Union
  , or the
  Union
  and the Member States, on the one hand and one or more third countries on the other; |
| --- | --- |

(a)

Union
  law, including bilateral and multilateral agreements between the
  Union
  , or the
  Union
  and the Member States, on the one hand and one or more third countries on the other;

| (b) | bilateral or multilateral agreements between one or more Member States and one or more third countries. |
| --- | --- |

(b)

bilateral or multilateral agreements between one or more Member States and one or more third countries.

2.   This Directive shall be without prejudice to the right of Member States to adopt or maintain provisions that are more favourable to the persons to whom it applies.

Chapter IV

Final provisions

Article 14

Information to the general public

Each Member State shall
  make available to the general public
  a regularly updated set of information concerning the conditions of third-country nationals’ admission to and stay in its territory
  for the purpose of work
  .

Article 15

Reporting

1.   Periodically, and for the first time by ... (20), the Commission shall
  present a
  report to the European Parliament and the Council on the application of this Directive in the Member States and shall propose any amendments
  it deems
  necessary.

2.   Annually, and for the first time by 1
  July ...
   (21), Member States shall communicate to the Commission ▐ statistics on the volumes of third-country nationals who have been granted ▐ a single permit during the previous calendar year,
  in accordance with Regulation (EC) No 862/2007 of the European Parliament and of the Council of 11 July 2007 on Community statistics on migration and international protection

   (22).

Article 16

Transposition

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by ... (23). They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such a 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 17

Entry into force

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

Article 18

Addressees

This Directive is addressed to the Member States in accordance with the Treaties.

Done at

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 27, 3.2.2009, p. 114.

1

(2)  OJ C 257, 9.10.2008, p. 20.

2

(3)  Position of the European Parliament of 24 March 2011.

3

(4)  

  OJ C 115, 4.5.2010, p. 1.

4

OJ C 115, 4.5.2010, p. 1.

(5)  OJ L 157, 15.6.2002, p. 1.

5

(6)  OJ L 105, 13.4.2006, p. 1.

6

(7)  OJ L 239, 22.9.2000, p. 19.

7

(8)  OJ L 251, 3.10.2003, p. 12.

8

(9)  OJ L 375, 23.12.2004, p. 12.

9

(10)  OJ L 289, 3.11.2005, p. 15.

10

(11)  OJ L 16, 23.1.2004, p. 44.

11

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

12

(13)  OJ L 255, 30.9.2005, p. 22.

13

(14)  

  OJ L 166, 30.4.2004, p. 1.

14

OJ L 166, 30.4.2004, p. 1.

(15)  OJ L 344, 29.12.2010, p. 1.

15

(16)  OJ L 180, 19.7.2000, p. 22.

16

(17)  OJ L 303, 2.12.2000, p. 16.

17

(18)  

  OJ L 158, 30.4.2004, p. 77.

18

OJ L 158, 30.4.2004, p. 77.

(19)  

  OJ L 304, 30.9.2004, p. 12.

19

OJ L 304, 30.9.2004, p. 12.

(20)  OJ please insert date: three years after the date specified in Article 16.

20

(21)  One year after the deadline for transposition of this Directive.

21

(22)  

  OJ L 199, 31.7.2007, p. 23.

22

OJ L 199, 31.7.2007, p. 23.

(23)  OJ please insert date: ...

23

---

| 17.8.2012 | EN | Official Journal of the European Union | CE 247/55 |
| --- | --- | --- | --- |

17.8.2012

EN

Official Journal of the European Union

CE 247/55

---

Thursday 24 March 2011Consumer rights ***I

P7_TA(2011)0116

European Parliament amendments adopted on 24 March 2011 to the proposal for a directive of the European Parliament and of the Council on consumer rights (COM(2008)0614 – C6-0349/2008 – 2008/0196(COD))

2012/C 247 E/16

(Ordinary legislative procedure: first reading)

The proposal was amended as follows (1):

| TEXT PROPOSED BY THE COMMISSION | AMENDMENT |
| --- | --- |
| Amendment 1 |
| Proposal for a directive


  Recital 2 |
| (2) | Those Directives have been reviewed in the light of experience with a view to simplifying and updating the applicable rules, removing inconsistencies and closing unwanted gaps in the rules. That review has shown that it is appropriate to replace those four Directives by this single Directive. This Directive should accordingly lay down standard rules for the common aspects
  and move away from the minimum harmonisation approach in the former Directives under which
  Member States
  could
  maintain or adopt
  stricter
  national rules. |

TEXT PROPOSED BY THE COMMISSION

AMENDMENT

Amendment 1

Proposal for a directive

Recital 2

(2)

Those Directives have been reviewed in the light of experience with a view to simplifying and updating the applicable rules, removing inconsistencies and closing unwanted gaps in the rules. That review has shown that it is appropriate to replace those four Directives by this single Directive. This Directive should accordingly lay down standard rules for the common aspects
  and move away from the minimum harmonisation approach in the former Directives under which
  Member States
  could
  maintain or adopt
  stricter
  national rules.

| (2) | Those Directives have been reviewed in the light of experience with a view to simplifying and updating the applicable rules, removing inconsistencies and closing unwanted gaps in the rules. That review has shown that it is appropriate to replace those four Directives by this single Directive. This Directive should accordingly lay down standard rules for the common aspects
  whilst allowing
  Member States
  to
  maintain or adopt national rules
  , in relation to certain other aspects, providing for a higher level of consumer protection
  . |
| --- | --- |

(2)

Those Directives have been reviewed in the light of experience with a view to simplifying and updating the applicable rules, removing inconsistencies and closing unwanted gaps in the rules. That review has shown that it is appropriate to replace those four Directives by this single Directive. This Directive should accordingly lay down standard rules for the common aspects
  whilst allowing
  Member States
  to
  maintain or adopt national rules
  , in relation to certain other aspects, providing for a higher level of consumer protection
  .

Amendment 2

Proposal for a directive

Recital 5

| (5) | The cross-border potential of distance selling which should be one of the main tangible results of the internal market is not fully exploited
  by consumers
  . Compared with the significant growth of domestic distance sales over the last few years, the growth in cross-border distance sales has been limited. This discrepancy is particularly significant for Internet sales for which the potential of further growth is high. The cross-border potential of contracts negotiated away from business premises (direct selling) is constrained by a number of factors including the different national consumer protection rules imposed upon the industry. Compared with the growth of domestic direct selling over the last few years, in particular in the services sector (e.g. utilities), the number of consumers using this channel for cross-border purchases has remained flat. Responding to increased business opportunities in many Member States, small and medium size enterprises (including individual
  entrepreneurs
  ) or agents of direct selling companies should be more inclined to seek business opportunities in other Member States, in particular in border regions. Therefore the full harmonisation of consumer information and the right of withdrawal in distance and off-premises contracts will contribute to
  the
  better functioning of the business to consumer internal market. |
| --- | --- |

(5)

The cross-border potential of distance selling which should be one of the main tangible results of the internal market is not fully exploited
  by consumers
  . Compared with the significant growth of domestic distance sales over the last few years, the growth in cross-border distance sales has been limited. This discrepancy is particularly significant for Internet sales for which the potential of further growth is high. The cross-border potential of contracts negotiated away from business premises (direct selling) is constrained by a number of factors including the different national consumer protection rules imposed upon the industry. Compared with the growth of domestic direct selling over the last few years, in particular in the services sector (e.g. utilities), the number of consumers using this channel for cross-border purchases has remained flat. Responding to increased business opportunities in many Member States, small and medium size enterprises (including individual
  entrepreneurs
  ) or agents of direct selling companies should be more inclined to seek business opportunities in other Member States, in particular in border regions. Therefore the full harmonisation of consumer information and the right of withdrawal in distance and off-premises contracts will contribute to
  the
  better functioning of the business to consumer internal market.

| (5) | The cross-border potential of distance selling which should be one of the main tangible results of the internal market is not fully exploited. Compared with the significant growth of domestic distance sales over the last few years, the growth in cross-border distance sales has been limited. This discrepancy is particularly significant for Internet sales for which the potential of further growth is high. The cross-border potential of contracts negotiated away from business premises (direct selling) is constrained by a number of factors including the different national consumer protection rules imposed upon the industry. Compared with the growth of domestic direct selling over the last few years, in particular in the services sector (e.g. utilities), the number of consumers using this channel for cross-border purchases has remained flat. Responding to increased business opportunities in many Member States, small and medium size enterprises (including individual
  traders
  ) or agents of direct selling companies should be more inclined to seek business opportunities in other Member States, in particular in border regions. Therefore the full harmonisation of
  certain aspects of
  consumer information and
  of
  the right of withdrawal in distance and off-premises contracts will contribute to
  a high level of consumer protection and
  better functioning of the business-to-consumer internal market. |
| --- | --- |

(5)

The cross-border potential of distance selling which should be one of the main tangible results of the internal market is not fully exploited. Compared with the significant growth of domestic distance sales over the last few years, the growth in cross-border distance sales has been limited. This discrepancy is particularly significant for Internet sales for which the potential of further growth is high. The cross-border potential of contracts negotiated away from business premises (direct selling) is constrained by a number of factors including the different national consumer protection rules imposed upon the industry. Compared with the growth of domestic direct selling over the last few years, in particular in the services sector (e.g. utilities), the number of consumers using this channel for cross-border purchases has remained flat. Responding to increased business opportunities in many Member States, small and medium size enterprises (including individual
  traders
  ) or agents of direct selling companies should be more inclined to seek business opportunities in other Member States, in particular in border regions. Therefore the full harmonisation of
  certain aspects of
  consumer information and
  of
  the right of withdrawal in distance and off-premises contracts will contribute to
  a high level of consumer protection and
  better functioning of the business-to-consumer internal market.

Amendment 3

Proposal for a directive

Recital 6

| (6) | The laws of the Member States on consumer contracts show marked differences which can generate appreciable distortions of competition and obstacles to the smooth functioning of the internal market. The existing Community legislation in the field of consumer contracts concluded at a distance or away from business premises consumer goods and guarantees as well as unfair contract terms establishes minimum standards for harmonising legislation allowing the Member States the possibility to maintain or introduce more stringent measures which ensure a higher level of consumer protection in their territories. Furthermore, many issues are regulated inconsistently between directives or have been left open. These issues have been addressed differently by the Member States. As a result, the national provisions implementing directives on consumer contract law diverge significantly. |
| --- | --- |

(6)

The laws of the Member States on consumer contracts show marked differences which can generate appreciable distortions of competition and obstacles to the smooth functioning of the internal market. The existing Community legislation in the field of consumer contracts concluded at a distance or away from business premises consumer goods and guarantees as well as unfair contract terms establishes minimum standards for harmonising legislation allowing the Member States the possibility to maintain or introduce more stringent measures which ensure a higher level of consumer protection in their territories. Furthermore, many issues are regulated inconsistently between directives or have been left open. These issues have been addressed differently by the Member States. As a result, the national provisions implementing directives on consumer contract law diverge significantly.

deleted

Amendment 4

Proposal for a directive

Recital 7

| (7) | These
  disparities create significant internal market barriers affecting
  business
  and consumers. They increase compliance costs to
  business
  wishing to engage in cross border sale of goods or provision of services. Fragmentation also undermines consumer confidence in the internal market.
  The negative effect on consumer confidence is strengthened by an uneven level of consumer protection across the Community. This problem is particularly acute in the light of new market developments. |
| --- | --- |

(7)

These
  disparities create significant internal market barriers affecting
  business
  and consumers. They increase compliance costs to
  business
  wishing to engage in cross border sale of goods or provision of services. Fragmentation also undermines consumer confidence in the internal market.
  The negative effect on consumer confidence is strengthened by an uneven level of consumer protection across the Community. This problem is particularly acute in the light of new market developments.

| (7) | Certain
  disparities
  in the Member States’ legislation in the field of consumer contracts, particularly distance contracts or off-premises contracts,
  create significant internal market barriers affecting
  traders
  and consumers. They increase compliance costs to
  traders
  wishing to engage in cross border sale of goods or provision of services.
  Disproportionate
  fragmentation also undermines consumer confidence in the internal market. |
| --- | --- |

(7)

Certain
  disparities
  in the Member States’ legislation in the field of consumer contracts, particularly distance contracts or off-premises contracts,
  create significant internal market barriers affecting
  traders
  and consumers. They increase compliance costs to
  traders
  wishing to engage in cross border sale of goods or provision of services.
  Disproportionate
  fragmentation also undermines consumer confidence in the internal market.

Amendment 5

Proposal for a directive

Recital 8

| (8) | Full harmonisation of some key regulatory aspects
  will
  considerably increase legal certainty for both consumers and
  business
  . Both consumers and
  business
  will be able to rely on a single regulatory framework based on clearly defined legal concepts regulating certain aspects of business-to-consumer contracts across the Community.
  The effect
  will
  be to
  eliminate the barriers stemming from the fragmentation of the rules and
  to
  complete the internal market in this area.
  These barriers can only be eliminated by establishing uniform rules at Community level. Furthermore consumers will enjoy a high common level of protection across the Community
  . |
| --- | --- |

(8)

Full harmonisation of some key regulatory aspects
  will
  considerably increase legal certainty for both consumers and
  business
  . Both consumers and
  business
  will be able to rely on a single regulatory framework based on clearly defined legal concepts regulating certain aspects of business-to-consumer contracts across the Community.
  The effect
  will
  be to
  eliminate the barriers stemming from the fragmentation of the rules and
  to
  complete the internal market in this area.
  These barriers can only be eliminated by establishing uniform rules at Community level. Furthermore consumers will enjoy a high common level of protection across the Community
  .

| (8) | Unless otherwise specified and in accordance with Article 169 of the Treaty on the Functioning of the European Union, the provisions of this Directive should not hinder the Member States from adopting or maintaining more stringent measures of national law, which improve consumer protection. However, the
  full harmonisation of some key regulatory aspects
  is justified in order to secure a single regulatory framework for consumer protection and in order to
  considerably increase legal certainty for both consumers and
  traders in cross-border business
  .
  In this case, both
  consumers and
  traders
  will be able to rely on a single regulatory framework based on clearly defined legal concepts regulating certain aspects of business-to-consumer contracts across the Union.
  Thus, the consumer
  will
  enjoy a high common level of protection across the Union. Furthermore, by establishing uniform rules at Union level, this should
  eliminate the barriers stemming from the
  disproportionate
  fragmentation of the rules and complete the internal market in this area. |
| --- | --- |

(8)

Unless otherwise specified and in accordance with Article 169 of the Treaty on the Functioning of the European Union, the provisions of this Directive should not hinder the Member States from adopting or maintaining more stringent measures of national law, which improve consumer protection. However, the
  full harmonisation of some key regulatory aspects
  is justified in order to secure a single regulatory framework for consumer protection and in order to
  considerably increase legal certainty for both consumers and
  traders in cross-border business
  .
  In this case, both
  consumers and
  traders
  will be able to rely on a single regulatory framework based on clearly defined legal concepts regulating certain aspects of business-to-consumer contracts across the Union.
  Thus, the consumer
  will
  enjoy a high common level of protection across the Union. Furthermore, by establishing uniform rules at Union level, this should
  eliminate the barriers stemming from the
  disproportionate
  fragmentation of the rules and complete the internal market in this area.

Amendment 6

Proposal for a directive

Recital 10 a (new)

| (10a) | This Directive should not apply to healthcare, that is to say health services provided by health professionals to patients to assess, maintain or restore their health. |
| --- | --- |

(10a)

This Directive should not apply to healthcare, that is to say health services provided by health professionals to patients to assess, maintain or restore their health.

Amendment 7

Proposal for a directive

Recital 10 b (new)

| (10b) | Gambling activities, including lottery and betting transactions, should be excluded from the scope of this Directive in view of the very specific nature of those activities, in the light of which Member States should be able to adopt other, including more stringent, consumer protection measures in relation to such activities. |
| --- | --- |

(10b)

Gambling activities, including lottery and betting transactions, should be excluded from the scope of this Directive in view of the very specific nature of those activities, in the light of which Member States should be able to adopt other, including more stringent, consumer protection measures in relation to such activities.

Amendment 8

Proposal for a directive

Recital 11

| (11) | The existing
  Community
  legislation
  on
  consumer financial services contains numerous rules on consumer protection. For this reason
  the provisions of this Directive cover contracts relating to financial services only insofar as this is necessary to fill the regulatory gaps
  . |
| --- | --- |

(11)

The existing
  Community
  legislation
  on
  consumer financial services contains numerous rules on consumer protection. For this reason
  the provisions of this Directive cover contracts relating to financial services only insofar as this is necessary to fill the regulatory gaps
  .

| (11) | The existing
  Union
  legislation
  inter alia relating to
  consumer financial services
  or package travel
  contains numerous rules on consumer protection. For this reason
  , Articles 5 to 19 and Article 23a of this Directive should not apply to contracts relating to financial services and Articles 9 to 19 should not apply to distance and off-premises contracts relating to package travel, without prejudice to other provisions of existing Union legislation. With regard to financial services, Member States should be encouraged to draw inspiration from existing Union legislation in that area when legislating in areas not regulated at Union level, in such a way that a level playing field for all consumers and all contracts relating to financial services is ensured. The Commission should aim at complementing Union legislation in the field of financial services in order to close existing gaps and protect consumers in all types of contracts. |
| --- | --- |

(11)

The existing
  Union
  legislation
  inter alia relating to
  consumer financial services
  or package travel
  contains numerous rules on consumer protection. For this reason
  , Articles 5 to 19 and Article 23a of this Directive should not apply to contracts relating to financial services and Articles 9 to 19 should not apply to distance and off-premises contracts relating to package travel, without prejudice to other provisions of existing Union legislation. With regard to financial services, Member States should be encouraged to draw inspiration from existing Union legislation in that area when legislating in areas not regulated at Union level, in such a way that a level playing field for all consumers and all contracts relating to financial services is ensured. The Commission should aim at complementing Union legislation in the field of financial services in order to close existing gaps and protect consumers in all types of contracts.

Amendment 9

Proposal for a directive

Recital 11 a (new)

| (11a) | Articles 9 to 19 of this Directive should be without prejudice to the application of the provisions of the Member States relating to the acquisition of immovable property and guarantees relating to immovable property or the formation or transfer of rights in rem in immovable property. This includes agreements connected with such legal acts, such as sales of immovable property still to be developed and hire-purchase. |
| --- | --- |

(11a)

Articles 9 to 19 of this Directive should be without prejudice to the application of the provisions of the Member States relating to the acquisition of immovable property and guarantees relating to immovable property or the formation or transfer of rights in rem in immovable property. This includes agreements connected with such legal acts, such as sales of immovable property still to be developed and hire-purchase.

Amendment 10

Proposal for a directive

Recital 11 b (new)

| (11b) | As no difficult psychological situation applies when contracts, in accordance with the provisions of the Member States, are established by a public office-holder, such contracts should be excluded from the scope of Articles 9 to 19 of this Directive. |
| --- | --- |

(11b)

As no difficult psychological situation applies when contracts, in accordance with the provisions of the Member States, are established by a public office-holder, such contracts should be excluded from the scope of Articles 9 to 19 of this Directive.

Amendment 11

Proposal for a directive

Recital 11 c (new)

| (11c) | For the purposes of this Directive, leasing contracts for motor vehicles, where the motor vehicle is returned at the end of the contract, should be considered as motor vehicle rental services. |
| --- | --- |

(11c)

For the purposes of this Directive, leasing contracts for motor vehicles, where the motor vehicle is returned at the end of the contract, should be considered as motor vehicle rental services.

Amendment 12

Proposal for a directive

Recital 11 d (new)

| (11d) | Many Member States have chosen to apply national consumer protection rules to other entities such as non-governmental organisations, start-up businesses and small and medium-sized enterprises, and other Member States may wish to do so. It should be recalled that Member States may extend the scope of the national rules adopted in order to implement this Directive to cover natural or legal persons who are not consumers within the meaning of this Directive. |
| --- | --- |

(11d)

Many Member States have chosen to apply national consumer protection rules to other entities such as non-governmental organisations, start-up businesses and small and medium-sized enterprises, and other Member States may wish to do so. It should be recalled that Member States may extend the scope of the national rules adopted in order to implement this Directive to cover natural or legal persons who are not consumers within the meaning of this Directive.

Amendment 13

Proposal for a directive

Recital 11 e (new)

| (11e) | Digital content transmitted to the consumer in a digital format, where the consumer obtains the possibility of use on a permanent basis or in a way similar to the physical possession of a good, should be treated as goods for the application of the provisions of this Directive which apply to sales contracts. However, a withdrawal right should only apply until the moment the consumer chooses to download the digital content. |
| --- | --- |

(11e)

Digital content transmitted to the consumer in a digital format, where the consumer obtains the possibility of use on a permanent basis or in a way similar to the physical possession of a good, should be treated as goods for the application of the provisions of this Directive which apply to sales contracts. However, a withdrawal right should only apply until the moment the consumer chooses to download the digital content.

Amendment 14

Proposal for a directive

Recital 12

| (12) | The new definition of distance contract should cover all cases where
  sales and service
  contracts are concluded using exclusively one or more means of distance communication (such as mail order, Internet, telephone or fax). This should create a level playing field for all distance traders.
  It should also improve legal certainty as compared to the current definition requiring the presence of an organised distance selling scheme run by the trader up to the conclusion of the contract. |
| --- | --- |

(12)

The new definition of distance contract should cover all cases where
  sales and service
  contracts are concluded using exclusively one or more means of distance communication (such as mail order, Internet, telephone or fax). This should create a level playing field for all distance traders.
  It should also improve legal certainty as compared to the current definition requiring the presence of an organised distance selling scheme run by the trader up to the conclusion of the contract.

| (12) | The new definition of distance contract should cover all cases where contracts
  concerning the supply of a good or the provision of a service
  are concluded
  between the trader and the consumer under an organised distance sales or service-provision scheme and without the simultaneous physical presence of the parties,
  using exclusively one or more means of distance communication (such as mail order, Internet, telephone or fax).
  Websites offering only information on the trader, his goods and/or services should not be covered by the definition of such an organised distance sales or service-provision scheme, even if such websites indicate one or more means of distance communication.
  This should create a level playing field for all distance traders. |
| --- | --- |

(12)

The new definition of distance contract should cover all cases where contracts
  concerning the supply of a good or the provision of a service
  are concluded
  between the trader and the consumer under an organised distance sales or service-provision scheme and without the simultaneous physical presence of the parties,
  using exclusively one or more means of distance communication (such as mail order, Internet, telephone or fax).
  Websites offering only information on the trader, his goods and/or services should not be covered by the definition of such an organised distance sales or service-provision scheme, even if such websites indicate one or more means of distance communication.
  This should create a level playing field for all distance traders.

Amendment 15

Proposal for a directive

Recital 13

| (13) | The particular circumstances under which an offer was made or the contract was negotiated should not be relevant in the definition of a distance contract. The fact that the trader
  is an occasional distance seller or that he
  uses an organised scheme run by a third party such as an online platform, should not deprive consumers of their protection. Similarly, a transaction negotiated face to face between the trader and the consumer away from business premises should be a distance contract, if the contract has then been concluded through the exclusive use of means of distance communication, such as the Internet or telephone. For traders, a simpler definition of a distance contract should improve legal certainty and protect them from unfair competition. |
| --- | --- |

(13)

The particular circumstances under which an offer was made or the contract was negotiated should not be relevant in the definition of a distance contract. The fact that the trader
  is an occasional distance seller or that he
  uses an organised scheme run by a third party such as an online platform, should not deprive consumers of their protection. Similarly, a transaction negotiated face to face between the trader and the consumer away from business premises should be a distance contract, if the contract has then been concluded through the exclusive use of means of distance communication, such as the Internet or telephone. For traders, a simpler definition of a distance contract should improve legal certainty and protect them from unfair competition.

| (13) | The particular circumstances under which an offer was made or the contract was negotiated should not be relevant in the definition of a distance contract. The fact that the trader uses an organised
  distance sales or service-provision
  scheme run by a third party such as an online platform, should not deprive consumers of their protection. Similarly, a transaction negotiated face to face between the trader and the consumer away from business premises should be a distance contract, if the contract has then been concluded through the exclusive use of means of distance communication, such as the Internet or telephone. For traders, a simpler definition of a distance contract should improve legal certainty and protect them from unfair competition. |
| --- | --- |

(13)

The particular circumstances under which an offer was made or the contract was negotiated should not be relevant in the definition of a distance contract. The fact that the trader uses an organised
  distance sales or service-provision
  scheme run by a third party such as an online platform, should not deprive consumers of their protection. Similarly, a transaction negotiated face to face between the trader and the consumer away from business premises should be a distance contract, if the contract has then been concluded through the exclusive use of means of distance communication, such as the Internet or telephone. For traders, a simpler definition of a distance contract should improve legal certainty and protect them from unfair competition.

Amendment 16

Proposal for a directive

Recital 14

| (14) | An off-premises contract should be defined as a contract concluded with the simultaneous physical presence of the trader and the consumer, away from business premises, for example at the consumer’s home or workplace. In an off-premises context, consumers are
  under
  psychological
  pressure
  no matter whether they have solicited the trader’s visit or not. Furthermore, in order to prevent circumventions of rules when consumers are approached away from business premises, a contract negotiated, for example at the consumer’s home but concluded in a shop should be regarded as an off-premises contract. |
| --- | --- |

(14)

An off-premises contract should be defined as a contract concluded with the simultaneous physical presence of the trader and the consumer, away from business premises, for example at the consumer’s home or workplace. In an off-premises context, consumers are
  under
  psychological
  pressure
  no matter whether they have solicited the trader’s visit or not. Furthermore, in order to prevent circumventions of rules when consumers are approached away from business premises, a contract negotiated, for example at the consumer’s home but concluded in a shop should be regarded as an off-premises contract.

| (14) | An off-premises contract should be defined as a contract concluded with the simultaneous physical presence of the trader and the consumer, away from business premises, for example at the consumer’s home or workplace. In an off-premises context, consumers are
  temporarily in a special situation which is different from the situation in a shop, for instance from a
  psychological
  point of view and as regards the scope for comparing goods and prices,
  no matter whether they have solicited the trader’s visit or not. Furthermore, in order to prevent circumventions of rules when consumers are approached away from business premises, a contract negotiated, for example at the consumer’s home but concluded in a shop should be regarded as an off-premises contract
  only when the main components of the contract have been determined in the course of an excursion, a leisure event or a sales demonstration
  .
  Nevertheless, contracts under which the payment to be made by the consumer does not exceed EUR 40 should not be covered by the information requirements laid down in this Directive, so that for instance street traders, whose goods are supplied immediately, are not overburdened with obligations as regards information. A right of withdrawal is also unnecessary in such cases, since the implications of such contracts are readily understandable. Nevertheless Member States should remain free, and be encouraged, to set a lower value. |
| --- | --- |

(14)

An off-premises contract should be defined as a contract concluded with the simultaneous physical presence of the trader and the consumer, away from business premises, for example at the consumer’s home or workplace. In an off-premises context, consumers are
  temporarily in a special situation which is different from the situation in a shop, for instance from a
  psychological
  point of view and as regards the scope for comparing goods and prices,
  no matter whether they have solicited the trader’s visit or not. Furthermore, in order to prevent circumventions of rules when consumers are approached away from business premises, a contract negotiated, for example at the consumer’s home but concluded in a shop should be regarded as an off-premises contract
  only when the main components of the contract have been determined in the course of an excursion, a leisure event or a sales demonstration
  .
  Nevertheless, contracts under which the payment to be made by the consumer does not exceed EUR 40 should not be covered by the information requirements laid down in this Directive, so that for instance street traders, whose goods are supplied immediately, are not overburdened with obligations as regards information. A right of withdrawal is also unnecessary in such cases, since the implications of such contracts are readily understandable. Nevertheless Member States should remain free, and be encouraged, to set a lower value.

Amendment 17

Proposal for a directive

Recital 15

| (15) | Business premises should include premises in whatever form (such as shops or lorries) which serve as a permanent place of
  business
  for the trader. Market stalls
  and fair stands
  should be treated as business premises even though they may be used by the trader on a temporary basis. Other premises which are rented for a short time only and where the trader is not established (such as hotels, restaurants, conference centres, cinemas rented by traders who are not established there) should not be regarded as business premises. Similarly, all public spaces including public transport or facilities as well as private homes or workplaces should not be regarded as business premises. |
| --- | --- |

(15)

Business premises should include premises in whatever form (such as shops or lorries) which serve as a permanent place of
  business
  for the trader. Market stalls
  and fair stands
  should be treated as business premises even though they may be used by the trader on a temporary basis. Other premises which are rented for a short time only and where the trader is not established (such as hotels, restaurants, conference centres, cinemas rented by traders who are not established there) should not be regarded as business premises. Similarly, all public spaces including public transport or facilities as well as private homes or workplaces should not be regarded as business premises.

| (15) | Business premises should include premises in whatever form (such as shops
  , taxis
  or lorries) which serve as a permanent place of
  activity
  for the trader. Market stalls should be treated as business premises even though they may be used by the trader on a temporary
  or regular
  basis. Other premises which are rented for a short time only and where the trader is not established (such as hotels, restaurants, conference centres, cinemas rented by traders who are not established there) should not be regarded as business premises. Similarly, all public spaces including public transport or facilities as well as private homes or workplaces should not be regarded as business premises. |
| --- | --- |

(15)

Business premises should include premises in whatever form (such as shops
  , taxis
  or lorries) which serve as a permanent place of
  activity
  for the trader. Market stalls should be treated as business premises even though they may be used by the trader on a temporary
  or regular
  basis. Other premises which are rented for a short time only and where the trader is not established (such as hotels, restaurants, conference centres, cinemas rented by traders who are not established there) should not be regarded as business premises. Similarly, all public spaces including public transport or facilities as well as private homes or workplaces should not be regarded as business premises.

Amendment 18

Proposal for a directive

Recital 16

| (16) | The definition of
  durable
  medium
  should include in particular
  documents on
  paper, USB sticks, CD-ROMs, DVDs, memory cards and the hard
  drive of the computer on which the
  electronic mail or
  a pdf file is
  stored. |
| --- | --- |

(16)

The definition of
  durable
  medium
  should include in particular
  documents on
  paper, USB sticks, CD-ROMs, DVDs, memory cards and the hard
  drive of the computer on which the
  electronic mail or
  a pdf file is
  stored.

| (16) | Durable
  media
  should include in particular paper, USB sticks, CD-ROMs, DVDs, memory cards
  or
  the hard
  disks of computers. In order to qualify as a ‘durable medium’, an
  electronic mail or
  a website should firstly enable the consumer to store the information for as long as it is relevant for him to protect his interests stemming from his relationship with the trader. Secondly, the electronic mail or website should allow for the information to be
  stored
  in such a way as to make it impossible for the trader to change it unilaterally
  . |
| --- | --- |

(16)

Durable
  media
  should include in particular paper, USB sticks, CD-ROMs, DVDs, memory cards
  or
  the hard
  disks of computers. In order to qualify as a ‘durable medium’, an
  electronic mail or
  a website should firstly enable the consumer to store the information for as long as it is relevant for him to protect his interests stemming from his relationship with the trader. Secondly, the electronic mail or website should allow for the information to be
  stored
  in such a way as to make it impossible for the trader to change it unilaterally
  .

Amendment 19

Proposal for a directive

Recital 17

| (17) | Consumers
  should be
  entitled to receive
  information before
  the conclusion of the
  contract.
  However traders should not have to provide the information when already apparent from the context. For example in an on-premises transaction, the main characteristics of a product, the identity of the trader and the arrangements for delivery may be apparent from the context. In distance and off-premises transactions, the trader should always provide the information on arrangements for payment, delivery, performance and the complaint handling policy, since these might not be apparent from the context. |
| --- | --- |

(17)

Consumers
  should be
  entitled to receive
  information before
  the conclusion of the
  contract.
  However traders should not have to provide the information when already apparent from the context. For example in an on-premises transaction, the main characteristics of a product, the identity of the trader and the arrangements for delivery may be apparent from the context. In distance and off-premises transactions, the trader should always provide the information on arrangements for payment, delivery, performance and the complaint handling policy, since these might not be apparent from the context.

| (17) | The consumer
  should be
  given comprehensive
  information before
  he is bound by an on-premises contract, a distance contract, an off-premises
  contract
  or a corresponding contract offer
  .


  In providing that information, the trader should take into account the specific needs of consumers who are particularly vulnerable because of their mental, physical or psychological infirmity, age or credulity in a way which the trader could reasonably be expected to foresee. However, taking into account such specific needs should not lead to different levels of consumer protection. |
| --- | --- |

(17)

The consumer
  should be
  given comprehensive
  information before
  he is bound by an on-premises contract, a distance contract, an off-premises
  contract
  or a corresponding contract offer
  .

In providing that information, the trader should take into account the specific needs of consumers who are particularly vulnerable because of their mental, physical or psychological infirmity, age or credulity in a way which the trader could reasonably be expected to foresee. However, taking into account such specific needs should not lead to different levels of consumer protection.

Amendment 228

Proposal for a directive

Recital 17 a (new)

| (17a) | Notwithstanding the exemption for the trader to provide the information set out in Article 9 on a durable medium when concluding an off-premises mixed contract for which the trader and the consumer immediately perform their contractual obligations and the payment to be made by the consumer does not exceed EUR 200, the consumer should nevertheless be given comprehensive information by the trader on the essential points of the contract, especially as regards the price, before the consumer is bound by that contract. |
| --- | --- |

(17a)

Notwithstanding the exemption for the trader to provide the information set out in Article 9 on a durable medium when concluding an off-premises mixed contract for which the trader and the consumer immediately perform their contractual obligations and the payment to be made by the consumer does not exceed EUR 200, the consumer should nevertheless be given comprehensive information by the trader on the essential points of the contract, especially as regards the price, before the consumer is bound by that contract.

Amendment 20

Proposal for a directive

Recital 20

| (20) | The consumer should know whether he is contracting with the trader or with an intermediary acting on behalf of another consumer, since in the latter case the consumer may not enjoy the protection under this Directive. Therefore the intermediary should inform of this fact and the consequences thereof. The notion of intermediary should not include online trading platforms which do not conclude the contract in the name of or on behalf of any other party. |
| --- | --- |

(20)

The consumer should know whether he is contracting with the trader or with an intermediary acting on behalf of another consumer, since in the latter case the consumer may not enjoy the protection under this Directive. Therefore the intermediary should inform of this fact and the consequences thereof. The notion of intermediary should not include online trading platforms which do not conclude the contract in the name of or on behalf of any other party.

deleted

Amendment 21

Proposal for a directive

Recital 22

| (22) | Since in the case of distance sales, the consumer is not able to see the good before concluding the contract he should have a right of withdrawal,
  which allows him to
  ascertain the nature and functioning of the goods. |
| --- | --- |

(22)

Since in the case of distance sales, the consumer is not able to see the good before concluding the contract he should have a right of withdrawal,
  which allows him to
  ascertain the nature and functioning of the goods.

| (22) | Since in the case of distance sales, the consumer is not able to see the good before concluding the contract he should have a right of withdrawal,
  so that, until the expiration of the withdrawal period, he can
  ascertain the nature
  , quality
  and functioning of the goods.
  Such a right of withdrawal should also be granted for off-premises contracts. |
| --- | --- |

(22)

Since in the case of distance sales, the consumer is not able to see the good before concluding the contract he should have a right of withdrawal,
  so that, until the expiration of the withdrawal period, he can
  ascertain the nature
  , quality
  and functioning of the goods.
  Such a right of withdrawal should also be granted for off-premises contracts.

Amendment 22

Proposal for a directive

Recital 24

| (24) | To ensure legal certainty, it is appropriate that Council Regulation (EEC, Euratom) No 1182/71 of 3 June 1971 determining the rules applicable to periods, dates and time limits should apply to the calculation of the periods contained in this Directive. Therefore, all periods contained in this Directive should be understood to be expressed in calendar days. |
| --- | --- |

(24)

To ensure legal certainty, it is appropriate that Council Regulation (EEC, Euratom) No 1182/71 of 3 June 1971 determining the rules applicable to periods, dates and time limits should apply to the calculation of the periods contained in this Directive. Therefore, all periods contained in this Directive should be understood to be expressed in calendar days.

deleted

Amendment 23

Proposal for a directive

Recital 26

| (26) | When the consumer orders more than one good from the same trader, he should be entitled to exercise the right of withdrawal in respect of each of these goods. If the goods are delivered separately
  , the withdrawal period should
  start when
  the consumer acquires the material possession
  of each individual good
  . Where a good is delivered in different lots or pieces, the withdrawal period should
  start when
  the consumer
  or a third party indicated by the consumer
  acquires the material possession of the last lot or piece. |
| --- | --- |

(26)

When the consumer orders more than one good from the same trader, he should be entitled to exercise the right of withdrawal in respect of each of these goods. If the goods are delivered separately
  , the withdrawal period should
  start when
  the consumer acquires the material possession
  of each individual good
  . Where a good is delivered in different lots or pieces, the withdrawal period should
  start when
  the consumer
  or a third party indicated by the consumer
  acquires the material possession of the last lot or piece.

| (26) | Where goods are supplied in more than one delivery
  , the withdrawal period should
  begin from the day on which
  the consumer
  or a third party other than the carrier and indicated by the consumer
  acquires the material possession of the
  first partial shipment
  . Where a good is delivered in different lots or pieces, the withdrawal period should
  begin from the day on which
  the consumer acquires the material possession of the last lot or piece.
  If multiple goods are ordered by the consumer in one order and but are delivered separately, the withdrawal period should start when the consumer acquires possession of the last good. |
| --- | --- |

(26)

Where goods are supplied in more than one delivery
  , the withdrawal period should
  begin from the day on which
  the consumer
  or a third party other than the carrier and indicated by the consumer
  acquires the material possession of the
  first partial shipment
  . Where a good is delivered in different lots or pieces, the withdrawal period should
  begin from the day on which
  the consumer acquires the material possession of the last lot or piece.
  If multiple goods are ordered by the consumer in one order and but are delivered separately, the withdrawal period should start when the consumer acquires possession of the last good.

Amendment 24

Proposal for a directive

Recital 27

| (27) | If the trader has not informed the consumer on the right of withdrawal prior to the conclusion of a distance or off-premises contract, the withdrawal period should be extended. However, in order to ensure legal certainty over time, a
  three-month
  limitation period should be introduced
  , provided that the trader has fully performed his contractual obligations
  .
  The trader should be regarded as having fully performed his obligations when he has delivered the goods or has fully provided the services ordered by the consumer. |
| --- | --- |

(27)

If the trader has not informed the consumer on the right of withdrawal prior to the conclusion of a distance or off-premises contract, the withdrawal period should be extended. However, in order to ensure legal certainty over time, a
  three-month
  limitation period should be introduced
  , provided that the trader has fully performed his contractual obligations
  .
  The trader should be regarded as having fully performed his obligations when he has delivered the goods or has fully provided the services ordered by the consumer.

| (27) | If the trader has not informed the consumer on the right of withdrawal prior to the conclusion of a distance or off-premises contract, the withdrawal period should be extended. However, in order to ensure legal certainty over time, a
  one-year
  limitation period should be introduced.
  However, Member States should be allowed to maintain existing national legislation to extend that limitation period
  . |
| --- | --- |

(27)

If the trader has not informed the consumer on the right of withdrawal prior to the conclusion of a distance or off-premises contract, the withdrawal period should be extended. However, in order to ensure legal certainty over time, a
  one-year
  limitation period should be introduced.
  However, Member States should be allowed to maintain existing national legislation to extend that limitation period
  .

Amendment 229

Proposal for a directive

Recital 28

| (28) | Differences in the ways in which the right of withdrawal is exercised in the Member States have caused costs for businesses selling cross-border. The introduction of a harmonised standard withdrawal form
  to be used by
  the consumer should simplify the withdrawal process and bring legal certainty. For these reasons, Member States should refrain from adding any presentational requirements to the
  Community-wide
  standard form relating for example to the font size. |
| --- | --- |

(28)

Differences in the ways in which the right of withdrawal is exercised in the Member States have caused costs for businesses selling cross-border. The introduction of a harmonised standard withdrawal form
  to be used by
  the consumer should simplify the withdrawal process and bring legal certainty. For these reasons, Member States should refrain from adding any presentational requirements to the
  Community-wide
  standard form relating for example to the font size.

| (28) | Differences in the ways in which the right of withdrawal is exercised in the Member States have caused costs for businesses selling cross-border. The introduction of a harmonised standard withdrawal form
  that
  the consumer
  may use
  should simplify the withdrawal process and bring legal certainty. For these reasons, Member States should refrain from adding any presentational requirements to the
  Union-wide
  standard form relating for example to the font size.
  However, the consumer should remain free to withdraw using his own chosen wording, provided that his statement to the trader is clearly worded. Sending back the goods, sending a letter or a making a telephone call could also meet this requirement, but the burden of proof for demonstrating having withdrawn within the time limits specified in this Directive may be on the consumer. For this reason, it is in the interest of the consumer to make use of a durable medium when communicating his withdrawal to the trader. |
| --- | --- |

(28)

Differences in the ways in which the right of withdrawal is exercised in the Member States have caused costs for businesses selling cross-border. The introduction of a harmonised standard withdrawal form
  that
  the consumer
  may use
  should simplify the withdrawal process and bring legal certainty. For these reasons, Member States should refrain from adding any presentational requirements to the
  Union-wide
  standard form relating for example to the font size.
  However, the consumer should remain free to withdraw using his own chosen wording, provided that his statement to the trader is clearly worded. Sending back the goods, sending a letter or a making a telephone call could also meet this requirement, but the burden of proof for demonstrating having withdrawn within the time limits specified in this Directive may be on the consumer. For this reason, it is in the interest of the consumer to make use of a durable medium when communicating his withdrawal to the trader.

Amendment 26

Proposal for a directive

Recital 30

| (30) | In case of withdrawal the trader should reimburse all payments received from the consumer, including those covering the expenses born by the trader to deliver goods to the consumer. |
| --- | --- |

(30)

In case of withdrawal the trader should reimburse all payments received from the consumer, including those covering the expenses born by the trader to deliver goods to the consumer.

| (30) | In case of withdrawal the trader should reimburse all payments received from the consumer, including those covering the expenses born by the trader to deliver goods to the consumer
  , with the exception of payments for express deliveries at the express wish of the consumer
  .
  Reimbursement should be possible by any means of payment, provided they are legal tender in the Member State where the consumer receives it. Therefore, reimbursement shall not take place in the form of vouchers or credit notes. |
| --- | --- |

(30)

In case of withdrawal the trader should reimburse all payments received from the consumer, including those covering the expenses born by the trader to deliver goods to the consumer
  , with the exception of payments for express deliveries at the express wish of the consumer
  .
  Reimbursement should be possible by any means of payment, provided they are legal tender in the Member State where the consumer receives it. Therefore, reimbursement shall not take place in the form of vouchers or credit notes.

Amendment 230

Proposal for a directive

Recital 32

| (32) | In order to avoid the trader reimbursing a consumer who has not returned the goods, the consumer should be required to send back the goods no later than fourteen days after having informed the trader about his decision to withdraw. |
| --- | --- |

(32)

In order to avoid the trader reimbursing a consumer who has not returned the goods, the consumer should be required to send back the goods no later than fourteen days after having informed the trader about his decision to withdraw.

| (32) | In order to avoid the trader reimbursing a consumer who has not returned the goods, the consumer should be required to send back the goods no later than fourteen days after having informed the trader about his decision to withdraw.
  By the same token, the trader should also be enabled to make reimbursement subject to the condition that the consumer has supplied evidence of having sent back the goods. |
| --- | --- |

(32)

In order to avoid the trader reimbursing a consumer who has not returned the goods, the consumer should be required to send back the goods no later than fourteen days after having informed the trader about his decision to withdraw.
  By the same token, the trader should also be enabled to make reimbursement subject to the condition that the consumer has supplied evidence of having sent back the goods.

Amendment 231

Proposal for a directive

Recital 33

| (33) | Certain exemptions should exist from the right of withdrawal, such as in cases where a right of withdrawal would be inappropriate given the nature of the product. That is applicable for example to wine supplied a long time after the conclusion of the contract of a speculative nature where the value is dependent on fluctuations in the market (vin en primeur). |
| --- | --- |

(33)

Certain exemptions should exist from the right of withdrawal, such as in cases where a right of withdrawal would be inappropriate given the nature of the product. That is applicable for example to wine supplied a long time after the conclusion of the contract of a speculative nature where the value is dependent on fluctuations in the market (vin en primeur).

| (33) | Certain exemptions should exist from the right of withdrawal, such as in cases where a right of withdrawal would be inappropriate given the nature of the product
  , and exercising a right of withdrawal would unfairly disadvantage the trader
  . That is applicable
  in particular to foodstuffs and other hygienically sensitive or perishable goods,
  for example to wine supplied a long time after the conclusion of the contract of a speculative nature where the value is dependent on fluctuations in the market (vin en primeur).
  Certain other goods or services whose price is dependent on market fluctuations, for instance commodities such as fuel oil, should also be exempt from the right of withdrawal. |
| --- | --- |

(33)

Certain exemptions should exist from the right of withdrawal, such as in cases where a right of withdrawal would be inappropriate given the nature of the product
  , and exercising a right of withdrawal would unfairly disadvantage the trader
  . That is applicable
  in particular to foodstuffs and other hygienically sensitive or perishable goods,
  for example to wine supplied a long time after the conclusion of the contract of a speculative nature where the value is dependent on fluctuations in the market (vin en primeur).
  Certain other goods or services whose price is dependent on market fluctuations, for instance commodities such as fuel oil, should also be exempt from the right of withdrawal.

Amendment 28

Proposal for a directive

Recital 34

| (34) | Furthermore, in case of distance contracts for the provision of services, for which the performance begins during the withdrawal period (
  e.g.
  data files downloaded by the consumer during that period), it would be unfair to allow the consumer to withdraw after the service has been enjoyed by the consumer in full or in part. Therefore the consumer should lose his right of withdrawal when performance begins with his prior express agreement. |
| --- | --- |

(34)

Furthermore, in case of distance contracts for the provision of services, for which the performance begins during the withdrawal period (
  e.g.
  data files downloaded by the consumer during that period), it would be unfair to allow the consumer to withdraw after the service has been enjoyed by the consumer in full or in part. Therefore the consumer should lose his right of withdrawal when performance begins with his prior express agreement.

| (34) | Furthermore, in case of distance
  and off-premises
  contracts for the provision of services, for which the performance begins during the withdrawal period (
  for instance
  data files downloaded by the consumer during that period), it would be unfair to allow the consumer to withdraw after the service has been enjoyed by the consumer in full or in part. Therefore the consumer should lose his right of withdrawal when performance begins with his prior express agreement
  , provided that such agreement constitutes informed consent, that is to say that the consumer has been informed of the consequences of this decision in terms of losing his right of withdrawal
  . |
| --- | --- |

(34)

Furthermore, in case of distance
  and off-premises
  contracts for the provision of services, for which the performance begins during the withdrawal period (
  for instance
  data files downloaded by the consumer during that period), it would be unfair to allow the consumer to withdraw after the service has been enjoyed by the consumer in full or in part. Therefore the consumer should lose his right of withdrawal when performance begins with his prior express agreement
  , provided that such agreement constitutes informed consent, that is to say that the consumer has been informed of the consequences of this decision in terms of losing his right of withdrawal
  .

Amendment 29

Proposal for a directive

Recital 37

| (37) | For the purpose of simplification and legal certainty, the right of withdrawal should apply to all types of off-premises contracts, except under strictly defined circumstances which can easily be proved.
  Therefore, no right of withdrawal should apply for urgent repairs at the consumer’s home for which such a right of withdrawal would be incompatible with the emergency situation as well as for supermarket home-delivery schemes which allow consumers to select food, drinks and other goods intended for current consumption in the household through the supermarket’s website and have them delivered at their home. These are goods, which are inexpensive and bought regularly by consumers for their every day’s consumption or everyday use in the household and should therefore not be subject to a right of withdrawal. The main difficulties encountered by consumers and the main source of disputes with traders are about delivery of goods, including goods getting lost or damaged during transport and late and partial delivery. Therefore it is appropriate to clarify and harmonise the national rules on delivery and passing of risk. |
| --- | --- |

(37)

For the purpose of simplification and legal certainty, the right of withdrawal should apply to all types of off-premises contracts, except under strictly defined circumstances which can easily be proved.
  Therefore, no right of withdrawal should apply for urgent repairs at the consumer’s home for which such a right of withdrawal would be incompatible with the emergency situation as well as for supermarket home-delivery schemes which allow consumers to select food, drinks and other goods intended for current consumption in the household through the supermarket’s website and have them delivered at their home. These are goods, which are inexpensive and bought regularly by consumers for their every day’s consumption or everyday use in the household and should therefore not be subject to a right of withdrawal. The main difficulties encountered by consumers and the main source of disputes with traders are about delivery of goods, including goods getting lost or damaged during transport and late and partial delivery. Therefore it is appropriate to clarify and harmonise the national rules on delivery and passing of risk.

| (37) | For the purpose of simplification and legal certainty, the right of withdrawal should apply to all types of
  distance and
  off-premises contracts, except under strictly defined circumstances which can easily be proved. |
| --- | --- |

(37)

For the purpose of simplification and legal certainty, the right of withdrawal should apply to all types of
  distance and
  off-premises contracts, except under strictly defined circumstances which can easily be proved.

Amendment 30

Proposal for a directive

Recital 37 a (new)

| (37a) | The main difficulties encountered by consumers and the main source of disputes with traders concern delivery of goods, including goods getting lost or damaged during transport and late or partial delivery. Therefore it is appropriate to harmonise the national rules on delivery and passing of risk. |
| --- | --- |

(37a)

The main difficulties encountered by consumers and the main source of disputes with traders concern delivery of goods, including goods getting lost or damaged during transport and late or partial delivery. Therefore it is appropriate to harmonise the national rules on delivery and passing of risk.

Amendment 31

Proposal for a directive

Recital 37 b (new)

| (37b) | Where the trader has failed to fulfil his obligations to deliver the goods, the consumer should call upon him, on a durable medium, to make the delivery within no less than seven days and notify him of his intention to withdraw from the contract if delivery does not take place. The consumer should be deemed to have withdrawn from the contract if no action has been taken by the time the deadline expires. Without prejudice to his rights to claim damages, the consumer should be entitled to reimbursement within seven days of withdrawal if payment has already been made. It should be possible for Member States to adopt or maintain provisions of national law, in order to ensure a higher level of consumer protection. |
| --- | --- |

(37b)

Where the trader has failed to fulfil his obligations to deliver the goods, the consumer should call upon him, on a durable medium, to make the delivery within no less than seven days and notify him of his intention to withdraw from the contract if delivery does not take place. The consumer should be deemed to have withdrawn from the contract if no action has been taken by the time the deadline expires. Without prejudice to his rights to claim damages, the consumer should be entitled to reimbursement within seven days of withdrawal if payment has already been made. It should be possible for Member States to adopt or maintain provisions of national law, in order to ensure a higher level of consumer protection.

Amendment 32

Proposal for a directive

Recital 38

| (38) | In the context of consumer sales, the delivery of goods can take place in various ways.
  Only a rule which may be freely derogated from will allow the necessary flexibility to take into account those variations.
  The consumer should be protected against any risk of loss or damage of the goods occurring during the transport arranged or carried out by the trader. The rule introduced on the passing of risk should not apply where the consumer unduly delays taking possession of the goods (for example, when the goods are not collected by the consumer from the post-office within the deadline fixed by the latter). In those circumstances, the consumer should bear the risk of loss or deterioration after the time of delivery as agreed with the trader. |
| --- | --- |

(38)

In the context of consumer sales, the delivery of goods can take place in various ways.
  Only a rule which may be freely derogated from will allow the necessary flexibility to take into account those variations.
  The consumer should be protected against any risk of loss or damage of the goods occurring during the transport arranged or carried out by the trader. The rule introduced on the passing of risk should not apply where the consumer unduly delays taking possession of the goods (for example, when the goods are not collected by the consumer from the post-office within the deadline fixed by the latter). In those circumstances, the consumer should bear the risk of loss or deterioration after the time of delivery as agreed with the trader.

| (38) | In the context of consumer sales, the delivery of goods can take place in various ways
  : either immediately or at a later date
  .
  If the parties have not agreed on a specific delivery date, the trader should deliver the goods as soon as possible but in any event not later than thirty days from the day of the conclusion of the contract.
  The consumer should be protected against any risk of loss or damage of the goods occurring during the transport arranged or carried out by the trader. The rule introduced on the passing of risk should not apply where the consumer unduly delays taking possession of the goods (for example, when the goods are not collected by the consumer from the post-office within the deadline fixed by the latter). In those circumstances, the consumer should bear the risk of loss or deterioration after the time of delivery as agreed with the trader. |
| --- | --- |

(38)

In the context of consumer sales, the delivery of goods can take place in various ways
  : either immediately or at a later date
  .
  If the parties have not agreed on a specific delivery date, the trader should deliver the goods as soon as possible but in any event not later than thirty days from the day of the conclusion of the contract.
  The consumer should be protected against any risk of loss or damage of the goods occurring during the transport arranged or carried out by the trader. The rule introduced on the passing of risk should not apply where the consumer unduly delays taking possession of the goods (for example, when the goods are not collected by the consumer from the post-office within the deadline fixed by the latter). In those circumstances, the consumer should bear the risk of loss or deterioration after the time of delivery as agreed with the trader.

Amendment 33

Proposal for a directive

Recital 38 a (new)

| (38a) | In many transactions consumers are provided with insufficient choices of means of payments or they are charged if they refuse to use certain means. This situation should be addressed by means of a provision which ensures that the trader will offer to the consumer different means of payment and, in the case of distance contracts, these should include both electronic and non-electronic means of payment. An example of a non-electronic system of payment would be the printing of an order from the trader’s website to be paid in cash at a bank or at any other contact point of the trader. |
| --- | --- |

(38a)

In many transactions consumers are provided with insufficient choices of means of payments or they are charged if they refuse to use certain means. This situation should be addressed by means of a provision which ensures that the trader will offer to the consumer different means of payment and, in the case of distance contracts, these should include both electronic and non-electronic means of payment. An example of a non-electronic system of payment would be the printing of an order from the trader’s website to be paid in cash at a bank or at any other contact point of the trader.

Amendment 34

Proposal for a directive

Recital 39

| (39) | The trader should be liable to the consumer if the goods are not in conformity with the contract. The goods should be presumed to be in conformity with the contract if they satisfy a number of conditions concerning mainly the
  qualities
  of the goods. The quality and performance which consumers can reasonably expect will depend inter alia on whether the goods are new or second-hand as well as on the expected life-span of the goods. |
| --- | --- |

(39)

The trader should be liable to the consumer if the goods are not in conformity with the contract. The goods should be presumed to be in conformity with the contract if they satisfy a number of conditions concerning mainly the
  qualities
  of the goods. The quality and performance which consumers can reasonably expect will depend inter alia on whether the goods are new or second-hand as well as on the expected life-span of the goods.

| (39) | The trader should be liable to the consumer if the goods are not in conformity with the contract. The goods should be presumed to be in conformity with the contract if they satisfy a number of conditions concerning mainly the
  quality and quantity
  of the goods. The quality and performance which consumers can reasonably expect will depend inter alia on whether the goods are new or second-hand as well as on the expected life-span of the goods.
  Where goods other than those ordered have been delivered, or in the event of undershipment, the goods should be presumed not to be in conformity with the contract. |
| --- | --- |

(39)

The trader should be liable to the consumer if the goods are not in conformity with the contract. The goods should be presumed to be in conformity with the contract if they satisfy a number of conditions concerning mainly the
  quality and quantity
  of the goods. The quality and performance which consumers can reasonably expect will depend inter alia on whether the goods are new or second-hand as well as on the expected life-span of the goods.
  Where goods other than those ordered have been delivered, or in the event of undershipment, the goods should be presumed not to be in conformity with the contract.

Amendment 35

Proposal for a directive

Recital 40

| (40) | If the good is not in conformity with the contract, firstly, the consumer should have the possibility to require the trader to repair the goods or to replace them at the trader’s choice unless the trader proves that those remedies are unlawful, impossible or causes the trader disproportionate effort. The trader’s effort should be determined objectively considering costs incurred by the trader when remedying the lack of conformity, the value of the goods and the significance of the lack of conformity. The lack of spare parts should not be a valid ground to justify the trader’s failure to remedy the lack of conformity within a reasonable time or without a disproportionate effort. |
| --- | --- |

(40)

If the good is not in conformity with the contract, firstly, the consumer should have the possibility to require the trader to repair the goods or to replace them at the trader’s choice unless the trader proves that those remedies are unlawful, impossible or causes the trader disproportionate effort. The trader’s effort should be determined objectively considering costs incurred by the trader when remedying the lack of conformity, the value of the goods and the significance of the lack of conformity. The lack of spare parts should not be a valid ground to justify the trader’s failure to remedy the lack of conformity within a reasonable time or without a disproportionate effort.

| (40) | The consumer should in the first instance have the option of requiring the trader to repair the goods or to replace them unless those remedies are impossible or disproportionate. Whether or not a remedy is disproportionate should be determined objectively. A remedy should be considered disproportionate if it imposes, in comparison with other remedies, unreasonable costs. In order to determine whether the costs are unreasonable, the costs of one remedy should be significantly higher than the costs of another remedy. |
| --- | --- |

(40)

The consumer should in the first instance have the option of requiring the trader to repair the goods or to replace them unless those remedies are impossible or disproportionate. Whether or not a remedy is disproportionate should be determined objectively. A remedy should be considered disproportionate if it imposes, in comparison with other remedies, unreasonable costs. In order to determine whether the costs are unreasonable, the costs of one remedy should be significantly higher than the costs of another remedy.

Amendment 36

Proposal for a directive

Recital 41

| (41) | The consumer should not bear any costs for remedying the lack of conformity, particularly the cost of postage, labour and materials. Furthermore, the consumer should not compensate the trader for the use of the defective goods. |
| --- | --- |

(41)

The consumer should not bear any costs for remedying the lack of conformity, particularly the cost of postage, labour and materials. Furthermore, the consumer should not compensate the trader for the use of the defective goods.

| (41) | The consumer should not bear any costs for remedying the lack of conformity, particularly the cost of postage, labour and materials. Furthermore, the consumer should not compensate the trader for the use of the defective goods.
  The consumer should be entitled to claim damages, in accordance with provisions of applicable national law, for any loss resulting from lack of conformity with the sales contract and not remedied by the trader. It should be possible for such damages to include non-pecuniary damages where applicable national law so provides
  . |
| --- | --- |

(41)

The consumer should not bear any costs for remedying the lack of conformity, particularly the cost of postage, labour and materials. Furthermore, the consumer should not compensate the trader for the use of the defective goods.
  The consumer should be entitled to claim damages, in accordance with provisions of applicable national law, for any loss resulting from lack of conformity with the sales contract and not remedied by the trader. It should be possible for such damages to include non-pecuniary damages where applicable national law so provides
  .

Amendment 37

Proposal for a directive

Recital 42

| (42) | When the trader has either refused or has more than once failed to remedy the lack of conformity
  the consumer should be entitled to choose freely any of the available remedies.
  The trader’s refusal can be either explicit or implicit, meaning in the latter case that the trader does not respond or ignores the consumer’s request to remedy the
  lack of conformity. |
| --- | --- |

(42)

When the trader has either refused or has more than once failed to remedy the lack of conformity
  the consumer should be entitled to choose freely any of the available remedies.
  The trader’s refusal can be either explicit or implicit, meaning in the latter case that the trader does not respond or ignores the consumer’s request to remedy the
  lack of conformity.

| (42) | The consumer should be entitled to choose freely any of the available remedies
  if he is not entitled to have the goods repaired or replaced
  .
  It should be possible for Member States to adopt or maintain provisions of national law on the free choice of remedies in the event of
  lack of conformity
  , in order to ensure a higher level of consumer protection
  . |
| --- | --- |

(42)

The consumer should be entitled to choose freely any of the available remedies
  if he is not entitled to have the goods repaired or replaced
  .
  It should be possible for Member States to adopt or maintain provisions of national law on the free choice of remedies in the event of
  lack of conformity
  , in order to ensure a higher level of consumer protection
  .

Amendment 38

Proposal for a directive

Recital 42 a (new)

| (42a) | It should be stipulated that in certain cases the trader may be held liable for a lack of conformity that existed at the time the risk was transferred to the consumer, even if the lack of conformity becomes apparent only subsequently. |
| --- | --- |

(42a)

It should be stipulated that in certain cases the trader may be held liable for a lack of conformity that existed at the time the risk was transferred to the consumer, even if the lack of conformity becomes apparent only subsequently.

Amendment 39

Proposal for a directive

Recital 42 b (new)

| (42b) | Where the trader, as final seller, is liable to the consumer because of an act or omission by the producer, it should be ensured that the trader, as final seller, can pursue remedies against the person or persons liable in the contractual chain. To this end, Member States’ national provisions should determine the person or persons liable, together with the relevant actions and procedure. |
| --- | --- |

(42b)

Where the trader, as final seller, is liable to the consumer because of an act or omission by the producer, it should be ensured that the trader, as final seller, can pursue remedies against the person or persons liable in the contractual chain. To this end, Member States’ national provisions should determine the person or persons liable, together with the relevant actions and procedure.

Amendment 40

Proposal for a directive

Recital 42 c (new)

| (42c) | With regard to lack of conformity, the consumer should be entitled to a two-year liability period. There should be a rebuttable presumption in the consumer’s favour that any lack of conformity which has become apparent within six months after the risk passed to the consumer already existed when the risk passed. It should be possible for Member States to adopt or maintain provisions of national law on liability periods, duration for reversal of the burden of proof or specific rules on significant lack of conformity which becomes apparent after the liability period, in order to ensure a higher level of consumer protection. |
| --- | --- |

(42c)

With regard to lack of conformity, the consumer should be entitled to a two-year liability period. There should be a rebuttable presumption in the consumer’s favour that any lack of conformity which has become apparent within six months after the risk passed to the consumer already existed when the risk passed. It should be possible for Member States to adopt or maintain provisions of national law on liability periods, duration for reversal of the burden of proof or specific rules on significant lack of conformity which becomes apparent after the liability period, in order to ensure a higher level of consumer protection.

Amendment 41

Proposal for a directive

Recital 43

| (43) | Directive 1999/44/EC allowed the Member States to set a period of at least two months during which the consumer was to inform the trader of any lack of conformity. The diverging transposition laws have created barriers to trade. Therefore, it is necessary to remove this regulatory option and improve legal certainty by obliging consumers to inform the trader of the lack of conformity within two months from the date of detection. |
| --- | --- |

(43)

Directive 1999/44/EC allowed the Member States to set a period of at least two months during which the consumer was to inform the trader of any lack of conformity. The diverging transposition laws have created barriers to trade. Therefore, it is necessary to remove this regulatory option and improve legal certainty by obliging consumers to inform the trader of the lack of conformity within two months from the date of detection.

deleted

Amendment 42

Proposal for a directive

Recital 44

| (44) | Some traders or producers offer consumers commercial guarantees. In order to ensure that consumers are not misled, the commercial guarantees should include certain information, including their duration, territorial scope and a statement that the commercial guarantee does not affect the consumer’s legal rights. |
| --- | --- |

(44)

Some traders or producers offer consumers commercial guarantees. In order to ensure that consumers are not misled, the commercial guarantees should include certain information, including their duration, territorial scope and a statement that the commercial guarantee does not affect the consumer’s legal rights.

| (44) | Some traders or producers offer consumers commercial guarantees. In order to ensure that consumers are not misled, the commercial guarantees should include certain information, including their duration, territorial scope and a statement that the commercial guarantee does not affect the consumer’s legal rights
  under the national provisions in force and those laid down in this Directive
  . |
| --- | --- |

(44)

Some traders or producers offer consumers commercial guarantees. In order to ensure that consumers are not misled, the commercial guarantees should include certain information, including their duration, territorial scope and a statement that the commercial guarantee does not affect the consumer’s legal rights
  under the national provisions in force and those laid down in this Directive
  .

Amendment 43

Proposal for a directive

Recital 45 a (new)

| (45a) | The harmonised regulatory aspects concern only contracts concluded between traders and consumers. Therefore, the provisions on unfair contract terms should not affect national law in the area of contracts relating to employment, contracts relating to succession rights, contracts relating to family law and contracts relating to the incorporation and organisation of companies or partnership agreements and bond terms. |
| --- | --- |

(45a)

The harmonised regulatory aspects concern only contracts concluded between traders and consumers. Therefore, the provisions on unfair contract terms should not affect national law in the area of contracts relating to employment, contracts relating to succession rights, contracts relating to family law and contracts relating to the incorporation and organisation of companies or partnership agreements and bond terms.

Amendment 44

Proposal for a directive

Recital 46

| (46) | Provisions on unfair contract terms should not apply to contract terms, which directly or indirectly reflect
  mandatory
  statutory or
  regulatory
  provisions of the Member States which comply with
  Community
  law. Similarly terms which reflect the principles or provisions of international conventions to which the
  Community
  or the Member States are party, particularly in the transport area, should not be subject to the unfairness test. |
| --- | --- |

(46)

Provisions on unfair contract terms should not apply to contract terms, which directly or indirectly reflect
  mandatory
  statutory or
  regulatory
  provisions of the Member States which comply with
  Community
  law. Similarly terms which reflect the principles or provisions of international conventions to which the
  Community
  or the Member States are party, particularly in the transport area, should not be subject to the unfairness test.

| (46) | Provisions on unfair contract terms should not apply to contract terms, which directly or indirectly reflect statutory
  , regulatory
  or
  public policy
  provisions of the Member States which comply with
  Union
  law. Similarly
  , contract
  terms
  should reflect the principles and provisions of the Charter of Fundamental Rights of the European Union. Terms
  which reflect the principles or provisions of international conventions to which the
  Union
  or the Member States are party, particularly in the transport area, should not be subject to the unfairness test. |
| --- | --- |

(46)

Provisions on unfair contract terms should not apply to contract terms, which directly or indirectly reflect statutory
  , regulatory
  or
  public policy
  provisions of the Member States which comply with
  Union
  law. Similarly
  , contract
  terms
  should reflect the principles and provisions of the Charter of Fundamental Rights of the European Union. Terms
  which reflect the principles or provisions of international conventions to which the
  Union
  or the Member States are party, particularly in the transport area, should not be subject to the unfairness test.

Amendment 45

Proposal for a directive

Recital 47

| (47) | Consumer contracts should
  be drafted in plain, intelligible language and be
  legible
  . Traders should be free to choose the font type or size in which the contract terms are drafted. The consumer should be given an opportunity to read the terms before concluding the contract. This opportunity could be given to the consumer by providing him with the terms on request (for on-premises contracts) or making those terms otherwise available (e.g. on the trader’s website in respect of distance contracts) or attaching standard terms to the order form (in respect of off-premises contracts). The trader should seek the consumer’s express consent to any payment in addition to the remuneration for the trader’s main contractual obligation. Inferring consent by using opt-out systems, such as pre-ticked boxes online should be prohibited. |
| --- | --- |

(47)

Consumer contracts should
  be drafted in plain, intelligible language and be
  legible
  . Traders should be free to choose the font type or size in which the contract terms are drafted. The consumer should be given an opportunity to read the terms before concluding the contract. This opportunity could be given to the consumer by providing him with the terms on request (for on-premises contracts) or making those terms otherwise available (e.g. on the trader’s website in respect of distance contracts) or attaching standard terms to the order form (in respect of off-premises contracts). The trader should seek the consumer’s express consent to any payment in addition to the remuneration for the trader’s main contractual obligation. Inferring consent by using opt-out systems, such as pre-ticked boxes online should be prohibited.

| (47) | All contract terms should be expressed in a clear and comprehensible manner. If a contract term is in writing, it should always
  be drafted in plain, intelligible language. Traders should be free to choose the font type or size in which the contract terms are drafted. The consumer should be given an opportunity to read the terms before concluding the contract. This opportunity could be given to the consumer by providing him with the terms on request (for on-premises contracts) or making those terms otherwise available (e.g. on the trader’s website in respect of distance contracts) or attaching standard terms to the order form (in respect of off-premises contracts). The trader should seek the consumer’s express consent to any payment in addition to the remuneration for the trader’s main contractual obligation. Inferring consent by using opt-out systems, such as pre-ticked boxes online should be prohibited. |
| --- | --- |

(47)

All contract terms should be expressed in a clear and comprehensible manner. If a contract term is in writing, it should always
  be drafted in plain, intelligible language. Traders should be free to choose the font type or size in which the contract terms are drafted. The consumer should be given an opportunity to read the terms before concluding the contract. This opportunity could be given to the consumer by providing him with the terms on request (for on-premises contracts) or making those terms otherwise available (e.g. on the trader’s website in respect of distance contracts) or attaching standard terms to the order form (in respect of off-premises contracts). The trader should seek the consumer’s express consent to any payment in addition to the remuneration for the trader’s main contractual obligation. Inferring consent by using opt-out systems, such as pre-ticked boxes online should be prohibited.

Amendment 46

Proposal for a directive

Recital 47 a (new)

| (47a) | Traders should be free to choose the way in which contract terms are communicated, for example the font type or size in which the contract terms are drafted. Member States should refrain from imposing any presentational requirements, except for those related to persons with disabilities or where the goods or services may present a particular risk to the health and safety of the consumer or a third person. Member States may also seek to impose additional requirements where, due to complexities inherent in contracts for such goods or services, there is a risk of consumer detriment including issues arising which relate to competition in that sector. This may apply, for example, to contracts relating to financial services, gas, electricity and water, telecoms and immovable property. However, this should not apply to formal national requirements concerning the conclusion of the contract or other formal requirements such as for instance the language of the terms, requirements on the content of the terms or the formulation of certain contract terms for specific sectors. This Directive should not harmonise language requirements applicable to consumer contracts. Therefore, Member States should be able to maintain or introduce in their national law linguistic requirements relating to the contractual terms. |
| --- | --- |

(47a)

Traders should be free to choose the way in which contract terms are communicated, for example the font type or size in which the contract terms are drafted. Member States should refrain from imposing any presentational requirements, except for those related to persons with disabilities or where the goods or services may present a particular risk to the health and safety of the consumer or a third person. Member States may also seek to impose additional requirements where, due to complexities inherent in contracts for such goods or services, there is a risk of consumer detriment including issues arising which relate to competition in that sector. This may apply, for example, to contracts relating to financial services, gas, electricity and water, telecoms and immovable property. However, this should not apply to formal national requirements concerning the conclusion of the contract or other formal requirements such as for instance the language of the terms, requirements on the content of the terms or the formulation of certain contract terms for specific sectors. This Directive should not harmonise language requirements applicable to consumer contracts. Therefore, Member States should be able to maintain or introduce in their national law linguistic requirements relating to the contractual terms.

Amendment 47

Proposal for a directive

Recital 49

| (49) | For the purposes of this Directive, neither the fairness of terms which describe the main subject matter of the contract, nor the quality/price ratio of the goods or services supplied should be assessed unless these terms did not meet transparency requirements. The main subject matter of the contract and the price/quality ratio should nevertheless be taken into account in assessing the fairness of other terms. For example, in insurance contracts, the terms which clearly define or circumscribe the insured risk and the insurer’s liability should not be subject to such an assessment since these restrictions are taken into account in calculating the premium paid by the consumer. |
| --- | --- |

(49)

For the purposes of this Directive, neither the fairness of terms which describe the main subject matter of the contract, nor the quality/price ratio of the goods or services supplied should be assessed unless these terms did not meet transparency requirements. The main subject matter of the contract and the price/quality ratio should nevertheless be taken into account in assessing the fairness of other terms. For example, in insurance contracts, the terms which clearly define or circumscribe the insured risk and the insurer’s liability should not be subject to such an assessment since these restrictions are taken into account in calculating the premium paid by the consumer.

| (49) | For the purposes of this Directive, neither the fairness of terms which describe the main subject matter of the contract, nor the quality/price ratio of the goods or services supplied should be assessed unless these terms did not meet transparency requirements. The main subject matter of the contract and the price/quality ratio should nevertheless be taken into account in assessing the fairness of other terms. For example, in insurance contracts, the terms which clearly define or circumscribe the insured risk and the insurer’s liability should not be subject to such an assessment since these restrictions are taken into account in calculating the premium paid by the consumer.
  This exclusion does not apply to the remuneration foreseen for the trader from ancillary or contingent charges set out in the contract, including fees or charges for breaching any of the terms of the contract, which should be fully subject to the fairness test. |
| --- | --- |

(49)

For the purposes of this Directive, neither the fairness of terms which describe the main subject matter of the contract, nor the quality/price ratio of the goods or services supplied should be assessed unless these terms did not meet transparency requirements. The main subject matter of the contract and the price/quality ratio should nevertheless be taken into account in assessing the fairness of other terms. For example, in insurance contracts, the terms which clearly define or circumscribe the insured risk and the insurer’s liability should not be subject to such an assessment since these restrictions are taken into account in calculating the premium paid by the consumer.
  This exclusion does not apply to the remuneration foreseen for the trader from ancillary or contingent charges set out in the contract, including fees or charges for breaching any of the terms of the contract, which should be fully subject to the fairness test.

Amendment 48

Proposal for a directive

Recital 50

| (50) | In order to ensure legal certainty and improve the functioning of the internal market, the Directive should contain two lists of unfair terms. Annex II contains a list of terms which should in all circumstances be considered unfair. Annex III contains a list of terms which should be deemed unfair unless the trader proves otherwise.
  These same lists should apply in all Member States. |
| --- | --- |

(50)

In order to ensure legal certainty and improve the functioning of the internal market, the Directive should contain two lists of unfair terms. Annex II contains a list of terms which should in all circumstances be considered unfair. Annex III contains a list of terms which should be deemed unfair unless the trader proves otherwise.
  These same lists should apply in all Member States.

| (50) | In order to ensure legal certainty and improve the functioning of the internal market, the Directive should contain two
  non-exhaustive
  lists of unfair terms. Annex II contains a list of terms which should in all circumstances be considered unfair. Annex III contains a list of terms which should be deemed unfair unless the trader proves otherwise. |
| --- | --- |

(50)

In order to ensure legal certainty and improve the functioning of the internal market, the Directive should contain two
  non-exhaustive
  lists of unfair terms. Annex II contains a list of terms which should in all circumstances be considered unfair. Annex III contains a list of terms which should be deemed unfair unless the trader proves otherwise.

Amendment 49

Proposal for a directive

Recital 51

| (51) | The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission. |
| --- | --- |

(51)

The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission.

deleted

Amendment 50

Proposal for a directive

Recital 52

| (52) | In particular, the Commission should be empowered to amend Annexes II and III on contract terms to be considered or presumed unfair. Since those measures are of general scope and are designed to amend non-essential elements of this Directive, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. |
| --- | --- |

(52)

In particular, the Commission should be empowered to amend Annexes II and III on contract terms to be considered or presumed unfair. Since those measures are of general scope and are designed to amend non-essential elements of this Directive, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

deleted

Amendment 51

Proposal for a directive

Recital 53

| (53) | The Commission’s power to amend Annexes II and III should be used to ensure consistent implementation of the rules on unfair terms by supplementing those Annexes with contractual terms, which should be considered unfair in all circumstances or which should be deemed unfair unless the trader has proved otherwise. |
| --- | --- |

(53)

The Commission’s power to amend Annexes II and III should be used to ensure consistent implementation of the rules on unfair terms by supplementing those Annexes with contractual terms, which should be considered unfair in all circumstances or which should be deemed unfair unless the trader has proved otherwise.

deleted

Amendment 52

Proposal for a directive

Recital 55 a (new)

| (55a) | The Member States should ensure that their national authorities have the necessary level of cooperation with the European Consumer Centre (ECC) network, so as to react in cross-border cases, especially on pending requests at ECCs. |
| --- | --- |

(55a)

The Member States should ensure that their national authorities have the necessary level of cooperation with the European Consumer Centre (ECC) network, so as to react in cross-border cases, especially on pending requests at ECCs.

Amendment 53

Proposal for a directive

Recital 60

| (60) | The
  European
  Commission will look into the most appropriate way to ensure that all consumers are made aware of their rights at the point of sale. |
| --- | --- |

(60)

The
  European
  Commission will look into the most appropriate way to ensure that all consumers are made aware of their rights at the point of sale.

| (60) | The Commission
  , following consultation with the Member States and stakeholders,
  will look into the most appropriate way to ensure that all consumers
  and traders
  are made aware of their rights at the point of sale.
  The Commission should avail itself especially of the means provided by information and communication technology tools and public media. |
| --- | --- |

(60)

The Commission
  , following consultation with the Member States and stakeholders,
  will look into the most appropriate way to ensure that all consumers
  and traders
  are made aware of their rights at the point of sale.
  The Commission should avail itself especially of the means provided by information and communication technology tools and public media.

Amendment 54

Proposal for a directive

Recital 61 a (new)

| (61a) | Provision should be made for a mutual evaluation process in which, during the transposition period for this Directive, Member States would first have to screen their legislation in order to ascertain what stricter provisions, which are compliant with the Treaty on the Functioning of the European Union, are to be maintained or adopted in their national law in order to ensure a higher level of protection for the consumer. By the end of the transposition period for this Directive, Member States should draw up a report on the results of this screening. The Commission should submit each report to all other Member States and stakeholders. Member States and the European Parliament would then have six months in which to submit their observations on those reports. Not later than one year after the end of the transposition period for this Directive, and every three years thereafter, the Commission should draw up a report, accompanied where appropriate by legislative proposals. If necessary, the Commission could assist the Member States in devising a common method. |
| --- | --- |

(61a)

Provision should be made for a mutual evaluation process in which, during the transposition period for this Directive, Member States would first have to screen their legislation in order to ascertain what stricter provisions, which are compliant with the Treaty on the Functioning of the European Union, are to be maintained or adopted in their national law in order to ensure a higher level of protection for the consumer. By the end of the transposition period for this Directive, Member States should draw up a report on the results of this screening. The Commission should submit each report to all other Member States and stakeholders. Member States and the European Parliament would then have six months in which to submit their observations on those reports. Not later than one year after the end of the transposition period for this Directive, and every three years thereafter, the Commission should draw up a report, accompanied where appropriate by legislative proposals. If necessary, the Commission could assist the Member States in devising a common method.

Amendment 55

Proposal for a directive

Recital 61 b (new)

| (61b) | To ensure a high level of consumer protection in all Member States, persons and organisations with a legitimate interest in consumer protection should be encouraged to notify the Member States and the Commission about their evaluations and issue non-binding recommendations so that they can be taken into account when this Directive is reviewed. |
| --- | --- |

(61b)

To ensure a high level of consumer protection in all Member States, persons and organisations with a legitimate interest in consumer protection should be encouraged to notify the Member States and the Commission about their evaluations and issue non-binding recommendations so that they can be taken into account when this Directive is reviewed.

Amendment 56

Proposal for a directive

Recital 63

| (63) | It is appropriate to review this Directive if some barriers to the internal market were identified. The review could lead to a Commission proposal to amend this Directive, which may include amendments to other consumer protection legislation reflecting the Commission’s Consumer Policy Strategy commitment to review the acquis in order to achieve a high, common level of consumer protection. |
| --- | --- |

(63)

It is appropriate to review this Directive if some barriers to the internal market were identified. The review could lead to a Commission proposal to amend this Directive, which may include amendments to other consumer protection legislation reflecting the Commission’s Consumer Policy Strategy commitment to review the acquis in order to achieve a high, common level of consumer protection.

deleted

Amendment 57

Proposal for a directive

Article 1

The purpose of this Directive is to
  contribute to the proper functioning of the internal market and
  achieve a high level of consumer protection by approximating certain aspects of the laws, regulations and administrative provisions of the Member States concerning contracts between consumers and traders.

The purpose of this Directive is to achieve a high level of consumer protection and
  contribute to the proper functioning of the internal market
  by approximating certain aspects of the laws, regulations and administrative provisions of the Member States concerning contracts between consumers and traders.

Amendment 59

Proposal for a directive

Article 2 – point 1

| (1) | ‘consumer’ means any natural person who, in contracts covered by this Directive, is acting for purposes which are outside his trade, business, craft or profession
  ; |
| --- | --- |

(1)

‘consumer’ means any natural person who, in contracts covered by this Directive, is acting for purposes which are outside his trade, business, craft or profession
  ;

| (1) | ‘consumer’ means any natural person who, in contracts covered by this Directive, is acting for purposes which are
  primarily
  outside his trade, business, craft or profession. |
| --- | --- |

(1)

‘consumer’ means any natural person who, in contracts covered by this Directive, is acting for purposes which are
  primarily
  outside his trade, business, craft or profession.

Member States may maintain or extend the application of this Directive to legal or natural persons which are not ‘consumers’ within the meaning of this Directive;

Amendment 60

Proposal for a directive

Article 2 – point 2

| (2) | ‘trader’ means any natural or legal person who,
  in contracts covered by this Directive
  , is acting for purposes relating to his trade, business, craft or profession and anyone acting
  in the name of or
  on behalf of a trader; |
| --- | --- |

(2)

‘trader’ means any natural or legal person who,
  in contracts covered by this Directive
  , is acting for purposes relating to his trade, business, craft or profession and anyone acting
  in the name of or
  on behalf of a trader;

| (2) | ‘trader’ means any natural or legal person who,
  irrespective of whether privately or publicly owned
  , is acting for purposes relating to his trade, business, craft or profession and anyone acting on behalf of a trader
  in relation to contracts covered by this Directive
  ; |
| --- | --- |

(2)

‘trader’ means any natural or legal person who,
  irrespective of whether privately or publicly owned
  , is acting for purposes relating to his trade, business, craft or profession and anyone acting on behalf of a trader
  in relation to contracts covered by this Directive
  ;

Amendment 61

Proposal for a directive

Article 2 – point 2 a (new)

| (2a) | ‘goods’ means any tangible movable item, and any intangible item usable in a manner which can be equated with physical possession, with the exception of goods sold by way of execution or otherwise by authority of law. Water, gas and electricity shall be considered as ‘goods’ within the meaning of this Directive where they are put up for sale in a limited volume or set quantity; |
| --- | --- |

(2a)

‘goods’ means any tangible movable item, and any intangible item usable in a manner which can be equated with physical possession, with the exception of goods sold by way of execution or otherwise by authority of law. Water, gas and electricity shall be considered as ‘goods’ within the meaning of this Directive where they are put up for sale in a limited volume or set quantity;

Amendment 62

Proposal for a directive

Article 2 – point 2 b (new)

| (2b) | ‘good made to the consumer’s specifications’ means any non-prefabricated good made on the basis of an individual choice or decision by the consumer; |
| --- | --- |

(2b)

‘good made to the consumer’s specifications’ means any non-prefabricated good made on the basis of an individual choice or decision by the consumer;

Amendment 63

Proposal for a directive

Article 2 – point 3

| (3) | ‘sales contract’ means any contract for the sale of goods by the trader to the consumer including any mixed-purpose contract having as its object both goods and services; |
| --- | --- |

(3)

‘sales contract’ means any contract for the sale of goods by the trader to the consumer including any mixed-purpose contract having as its object both goods and services;

deleted

Amendment 64

Proposal for a directive

Article 2 – point 4

| (4) | ‘goods’ means any tangible movable item, with the exception of:










  (a) | goods sold by way of execution or otherwise by authority of law, |
| --- | --- | --- |

(4)

‘goods’ means any tangible movable item, with the exception of:

(a)

goods sold by way of execution or otherwise by authority of law,

| (b) | water and gas where they are not put up for sale in a limited volume or set quantity, |
| --- | --- |

(b)

water and gas where they are not put up for sale in a limited volume or set quantity,

| (c) | electricity; |
| --- | --- |

(c)

electricity;

deleted

Amendment 65

Proposal for a directive

Article 2 – point 5

| (5) | ‘service
  contract
  ’ means any
  contract
  other
  than a sales contract whereby a
  service
  is
  provided by the trader to the consumer; |
| --- | --- |

(5)

‘service
  contract
  ’ means any
  contract
  other
  than a sales contract whereby a
  service
  is
  provided by the trader to the consumer;

| (5) | ‘service’ means any
  work or
  other service
  of any kind
  provided by the trader to the consumer
  for remuneration
  ; |
| --- | --- |

(5)

‘service’ means any
  work or
  other service
  of any kind
  provided by the trader to the consumer
  for remuneration
  ;

Amendment 66

Proposal for a directive

Article 2 – point 5 a (new)

| (
  5a
  ) | ‘sales contract’ means any contract whereby a trader grants ownership of goods to a consumer in accordance with the applicable national law, or undertakes to grant such ownership, and whereby the consumer undertakes to pay the agreed price.



  Contracts for the supply of goods to be manufactured or produced shall also be defined as sales contracts for the purposes of this Directive |
| --- | --- |

(
  5a
  )

‘sales contract’ means any contract whereby a trader grants ownership of goods to a consumer in accordance with the applicable national law, or undertakes to grant such ownership, and whereby the consumer undertakes to pay the agreed price.

Amendment 67

Proposal for a directive

Article 2 – point 5 b (new)

| (5b) | ‘mixed-purpose contract’ means any contract that includes both aspects relating to the provision of services and aspects relating to the supply of goods; |
| --- | --- |

(5b)

‘mixed-purpose contract’ means any contract that includes both aspects relating to the provision of services and aspects relating to the supply of goods;

Amendment 68

Proposal for a directive

Article 2 – point 6

| (6) | ‘distance contract’ means any
  sales or service
  contract
  where the
  trader
  , for the conclusion of the contract, makes
  exclusive use of one or more means of distance communication; |
| --- | --- |

(6)

‘distance contract’ means any
  sales or service
  contract
  where the
  trader
  , for the conclusion of the contract, makes
  exclusive use of one or more means of distance communication;

| (6) | ‘distance contract’ means any contract
  for the supply of a good or the provision of a service concluded between a
  trader
  and a consumer under an organised distance sales or service-provision scheme where the trader and the consumer are not simultaneously physically present for the conclusion of the contract, but, rather, make
  exclusive use of one or more means of distance communication; |
| --- | --- |

(6)

‘distance contract’ means any contract
  for the supply of a good or the provision of a service concluded between a
  trader
  and a consumer under an organised distance sales or service-provision scheme where the trader and the consumer are not simultaneously physically present for the conclusion of the contract, but, rather, make
  exclusive use of one or more means of distance communication;

Amendment 69

Proposal for a directive

Article 2 – point 7

| (7) | ‘means of distance communication’ means any means which, without the simultaneous physical presence of the trader and the consumer, may be used for the conclusion of a contract between those parties; |
| --- | --- |

(7)

‘means of distance communication’ means any means which, without the simultaneous physical presence of the trader and the consumer, may be used for the conclusion of a contract between those parties;

deleted

Amendment 70

Proposal for a directive

Article 2 – point 8

| (8) | ‘off-premises contract’ means: |
| --- | --- |

(8)

‘off-premises contract’ means:

| (8) | ‘off-premises contract’ means
  any contract between a trader and a consumer for the supply of a good or the provision of a service
  : |
| --- | --- |

(8)

‘off-premises contract’ means
  any contract between a trader and a consumer for the supply of a good or the provision of a service
  :

| (a) | any sales or service contract
  concluded away from business premises with the simultaneous physical presence of the trader and the consumer
  or any sales or service contract for which an offer was made by the consumer in the same circumstances
  , or |
| --- | --- |

(a)

any sales or service contract
  concluded away from business premises with the simultaneous physical presence of the trader and the consumer
  or any sales or service contract for which an offer was made by the consumer in the same circumstances
  , or

| (a) | which is
  concluded away from business premises with the simultaneous physical presence of the trader and the consumer, or |
| --- | --- |

(a)

which is
  concluded away from business premises with the simultaneous physical presence of the trader and the consumer, or

| (aa) | for which an offer was made by the consumer with the simultaneous physical presence of the trader and the consumer away from business premises, or |
| --- | --- |

(aa)

for which an offer was made by the consumer with the simultaneous physical presence of the trader and the consumer away from business premises, or

| (b) | any sales or service contract concluded on business premises but negotiated
  away from business premises, with the simultaneous physical presence of the trader and the consumer. |
| --- | --- |

(b)

any sales or service contract concluded on business premises but negotiated
  away from business premises, with the simultaneous physical presence of the trader and the consumer.

| (b) | whose main components have been determined in the course of an excursion, a leisure event or a sales demonstration organised by the trader
  away from business premises, with the simultaneous physical presence of the trader and the consumer,
  the aim of such excursion, leisure event or demonstration being to conclude a contract subsequently on business premises
  ; |
| --- | --- |

(b)

whose main components have been determined in the course of an excursion, a leisure event or a sales demonstration organised by the trader
  away from business premises, with the simultaneous physical presence of the trader and the consumer,
  the aim of such excursion, leisure event or demonstration being to conclude a contract subsequently on business premises
  ;

Amendment 71

Proposal for a directive

Article 2 – point 9 – point b

| (b) | market stalls
  and fair stands
  where the trader carries on his activity on a regular or temporary basis; |
| --- | --- |

(b)

market stalls
  and fair stands
  where the trader carries on his activity on a regular or temporary basis;

| (b) | market stalls where the trader carries on his activity on a regular or temporary basis; |
| --- | --- |

(b)

market stalls where the trader carries on his activity on a regular or temporary basis;

Amendment 72

Proposal for a directive

Article 2 – point 12

| (12) | ‘product’ means any good or service including immoveable property, rights and obligations; |
| --- | --- |

(12)

‘product’ means any good or service including immoveable property, rights and obligations;

deleted

Amendment 73

Proposal for a directive

Article 2 – point 14

| (14) | ‘professional diligence’ means the standard of special skill and care which a trader may reasonably be expected to exercise towards consumers, commensurate with honest market practice and/or the general principle of good faith in the trader’s field of activity; |
| --- | --- |

(14)

‘professional diligence’ means the standard of special skill and care which a trader may reasonably be expected to exercise towards consumers, commensurate with honest market practice and/or the general principle of good faith in the trader’s field of activity;

deleted

Amendment 74

Proposal for a directive

Article 2 – point 15

| (15) | ‘auction’ means a method of sale where goods or services are offered by the trader through a competitive bidding procedure which may include the use of means of distance communication and where the highest bidder is bound to purchase the goods or the services. A transaction concluded on the basis of a fixed-price offer, despite the option given to the consumer to conclude it through a bidding procedure is not an auction; |
| --- | --- |

(15)

‘auction’ means a method of sale where goods or services are offered by the trader through a competitive bidding procedure which may include the use of means of distance communication and where the highest bidder is bound to purchase the goods or the services. A transaction concluded on the basis of a fixed-price offer, despite the option given to the consumer to conclude it through a bidding procedure is not an auction;

deleted

Amendment 75

Proposal for a directive

Article 2 – point 16

| (16) | ‘public auction’ means a method of sale where
  goods are
  offered by the trader to consumers,
  who attend or are given the possibility to attend the auction in person,
  through a competitive bidding procedure run by
  an auctioneer and where the highest bidder is bound to purchase the goods
  ; |
| --- | --- |

(16)

‘public auction’ means a method of sale where
  goods are
  offered by the trader to consumers,
  who attend or are given the possibility to attend the auction in person,
  through a competitive bidding procedure run by
  an auctioneer and where the highest bidder is bound to purchase the goods
  ;

| (16) | ‘public auction’ means a method of sale where
  a good or a service is
  offered by the trader to consumers,
  during an event which is physically accessible to the public,
  through a
  transparent,
  competitive bidding procedure run by
  a third party (the auctioneer), who, for pecuniary consideration, acts as the trader’s agent. In an ascending price auction, the good or service is sold to the consumer or a person acting on his behalf making the highest bid. In a descending price auction, the good or service is sold to the consumer or a person acting on his behalf who is first to agree immediately to purchase the good or service for the asking price; |
| --- | --- |

(16)

‘public auction’ means a method of sale where
  a good or a service is
  offered by the trader to consumers,
  during an event which is physically accessible to the public,
  through a
  transparent,
  competitive bidding procedure run by
  a third party (the auctioneer), who, for pecuniary consideration, acts as the trader’s agent. In an ascending price auction, the good or service is sold to the consumer or a person acting on his behalf making the highest bid. In a descending price auction, the good or service is sold to the consumer or a person acting on his behalf who is first to agree immediately to purchase the good or service for the asking price;

Amendment 76

Proposal for a directive

Article 2 – point 17

| (17) | ‘producer’ means the manufacturer of goods, the importer of goods into the territory of the
  Community
  or any person purporting to be a producer by placing his name, trade mark or other distinctive sign on the goods; |
| --- | --- |

(17)

‘producer’ means the manufacturer of goods, the importer of goods into the territory of the
  Community
  or any person purporting to be a producer by placing his name, trade mark or other distinctive sign on the goods;

| (17) | ‘producer’ means the manufacturer of goods, the importer of goods into the territory of the
  Union
  or any person purporting to be a producer by placing his name, trade mark or other distinctive sign on the goods; |
| --- | --- |

(17)

‘producer’ means the manufacturer of goods, the importer of goods into the territory of the
  Union
  or any person purporting to be a producer by placing his name, trade mark or other distinctive sign on the goods;

Amendment 77

Proposal for a directive

Article 2 – point 18

| (18) | ‘commercial guarantee’ means any undertaking by the trader or producer (the ‘guarantor’) to the consumer to reimburse the price paid or to replace, repair or service goods in any way if they do not meet the specifications set out in the guarantee statement or in the relevant advertising available at the time of, or before the conclusion of the contract; |
| --- | --- |

(18)

‘commercial guarantee’ means any undertaking by the trader or producer (the ‘guarantor’) to the consumer to reimburse the price paid or to replace, repair or service goods in any way if they do not meet the specifications set out in the guarantee statement or in the relevant advertising available at the time of, or before the conclusion of the contract;

| (18) | ‘commercial guarantee’ means any undertaking by the trader or producer (the ‘guarantor’) to the consumer
  , in addition to his legal obligations relating to the guarantee of conformity,
  to reimburse the price paid or to replace, repair or service goods in any way if they do not meet the specifications
  or any other requirement not related to conformity
  set out in the guarantee statement or in the relevant advertising available at the time of, or before the conclusion of the contract; |
| --- | --- |

(18)

‘commercial guarantee’ means any undertaking by the trader or producer (the ‘guarantor’) to the consumer
  , in addition to his legal obligations relating to the guarantee of conformity,
  to reimburse the price paid or to replace, repair or service goods in any way if they do not meet the specifications
  or any other requirement not related to conformity
  set out in the guarantee statement or in the relevant advertising available at the time of, or before the conclusion of the contract;

Amendment 78

Proposal for a directive

Article 2 – point 19

| (19) | ‘intermediary’ means a trader who concludes the contract in the name of or on behalf of the consumer; |
| --- | --- |

(19)

‘intermediary’ means a trader who concludes the contract in the name of or on behalf of the consumer;

deleted

Amendment 79

Proposal for a directive

Article 2 – point 20

| (20) | ‘
  ancillary
  contract’ means
  a
  contract
  by which the consumer acquires goods or services related to a distance contract or an off-premises contract and these goods or services are provided by the trader or a third party on the basis of an arrangement between that third party and the trader. |
| --- | --- |

(20)

‘
  ancillary
  contract’ means
  a
  contract
  by which the consumer acquires goods or services related to a distance contract or an off-premises contract and these goods or services are provided by the trader or a third party on the basis of an arrangement between that third party and the trader.

| (20) | ‘
  linked
  contract’ means
  any
  contract
  for the supply of a good or the provision of a service: |
| --- | --- |

(20)

‘
  linked
  contract’ means
  any
  contract
  for the supply of a good or the provision of a service:

| (a) | which forms, from an objective point of view, a commercial unit with a distance contract or an off-premises contract; and |
| --- | --- |

(a)

which forms, from an objective point of view, a commercial unit with a distance contract or an off-premises contract; and

| (b) | where the goods are supplied or the services are provided by the trader or a third party on the basis of an arrangement between that third party and the trader. |
| --- | --- |

(b)

where the goods are supplied or the services are provided by the trader or a third party on the basis of an arrangement between that third party and the trader.

A commercial unit shall be deemed to exist where the goods or services provided under the linked contract are related to the performance of the distance contract or of the off-premises contract, as the case may be, or to the use of the goods supplied or the services provided under such distance or off-premises contract.

Amendments 80 and 232

Proposal for a directive

Article 3

1.   This Directive shall apply, under the conditions and to the extent set out in its provisions, to
  sales and service
  contracts concluded between the trader and the consumer.

1.   This Directive shall apply, under the conditions and to the extent set out in its provisions, to contracts concluded between the trader and the consumer
  for the supply of a good or the provision of a service and to mixed-purpose contracts
  .

2.   This Directive shall
  only apply to financial services as regards certain off-premises contracts as provided for by Articles 8 to 20, unfair contract terms as provided for by Articles 30 to 39 and general provisions as provided for by Articles 40 to 46, read in conjunction with Article 4 on full harmonisation.

2.   This Directive shall
  be without prejudice to sector-specific Union legislation governing contracts concluded between a trader and a consumer.

2a.
     
  This Directive shall not apply to contracts relating to:

| (a) | social services; |
| --- | --- |

(a)

social services;

| (b) | healthcare, that is to say health services provided by health professionals to patients to assess, maintain or restore their health; |
| --- | --- |

(b)

healthcare, that is to say health services provided by health professionals to patients to assess, maintain or restore their health;

| (c) | gambling, which involves wagering a stake with pecuniary value in games of chance, including lotteries, casino games and betting transactions. |
| --- | --- |

(c)

gambling, which involves wagering a stake with pecuniary value in games of chance, including lotteries, casino games and betting transactions.

2b.
     
  Articles 5 to 19 and Article 23a shall not apply to contracts:

| (a) | relating to financial services; |
| --- | --- |

(a)

relating to financial services;

| (b) | falling within the scope of Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services (2). |
| --- | --- |

(b)

falling within the scope of Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services (2).

3.   
  Only Articles 30 to 39 on consumer rights concerning unfair contract terms, read in conjunction with Article 4 on full harmonisation, shall apply to contracts which fall within the scope of Directive 94/47/EC of the European Parliament and of the Council and of Council Directive 90/314/EEC
  .

3.   
  Subject to paragraphs 4 to 4c of this Article, Articles 9 to 19 shall apply to distance and off-premises contracts
  .

4.   Articles
  5, 7, 9 and 11
  shall
  be without prejudice to the provisions concerning information requirements contained in Directive 2006/123/EC of the European Parliament and of the Council and Directive 2000/31/EC of the European Parliament and of the Council.

4.   Articles
  9 to 19
  shall
  not apply to distance and off-premises contracts:

| (a) | relating to the formation, acquisition or conveyance of rights in immovable property or guarantees in immovable property, or relating to the construction or major modification of a building or the renting of a building or an apartment; |
| --- | --- |

(a)

relating to the formation, acquisition or conveyance of rights in immovable property or guarantees in immovable property, or relating to the construction or major modification of a building or the renting of a building or an apartment;

| (b) | falling within the scope of Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours (3) or Directive 2008/122/EC of the European Parliament and of the Council of 14 January 2009 on the protection of consumers in respect of certain aspects of timeshare, long-term holiday products, resale and exchange contracts (4); |
| --- | --- |

(b)

falling within the scope of Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours (3) or Directive 2008/122/EC of the European Parliament and of the Council of 14 January 2009 on the protection of consumers in respect of certain aspects of timeshare, long-term holiday products, resale and exchange contracts (4);

| (c) | which, in accordance with the provisions of the Member States, are established by a public office-holder who has a statutory obligation to be independent and impartial and must ensure, by providing comprehensive legal information, that the consumer only concludes the contract on the basis of careful consideration and with knowledge of its legal scope. |
| --- | --- |

(c)

which, in accordance with the provisions of the Member States, are established by a public office-holder who has a statutory obligation to be independent and impartial and must ensure, by providing comprehensive legal information, that the consumer only concludes the contract on the basis of careful consideration and with knowledge of its legal scope.

4a.
     
  Articles 9 to 19 shall not apply to off-premises contracts for which the trader and the consumer immediately perform their contractual obligations and the payment to be made by the consumer does not exceed EUR 40, if such contracts, due to their nature, are usually concluded away from business premises. Member States may define a lower value in their national legislation.

4b.
     
  Articles 9 to 19 shall not apply to distance contracts:

| (a) | concluded by means of automatic vending machines or automated commercial premises; |
| --- | --- |

(a)

concluded by means of automatic vending machines or automated commercial premises;

| (b) | concluded with telecommunications operators through public payphones for the use thereof, or relating to single telephone, Internet or fax connections established by the consumer. |
| --- | --- |

(b)

concluded with telecommunications operators through public payphones for the use thereof, or relating to single telephone, Internet or fax connections established by the consumer.

4c.
     
  Article 11(1b) and Articles 12 to 19 shall not apply to distance contracts for the provision of accommodation, transport, motor vehicle rental services, catering or leisure services as regards contracts providing for a specific date or period of performance.

4d.
     
  Subject to paragraphs 4e, 4f and 4g of this Article, Articles 22 to 29 shall apply to sales contracts. Without prejudice to Article 24(5), where the contract is a mixed-purpose contract, Articles 22 to 29 shall only apply to the goods.

4e.
     
  Articles 22a and 23a shall also apply to service contracts and mixed-purpose contracts.

4f.
     
  Articles 22 to 29 shall not apply to:

| (a) | electricity; |
| --- | --- |

(a)

electricity;

| (b) | water and gas, where they are not put up for sale in a limited volume or set quantity. |
| --- | --- |

(b)

water and gas, where they are not put up for sale in a limited volume or set quantity.

4g.
     
  Articles 22 to 29 shall not apply to the sale of second-hand goods at public auctions.

Amendment 81

Proposal for a directive

Article 4 – title

Full
  harmonisation

Degree of
  harmonisation

Amendment 82

Proposal for a directive

Article 4

Member States may
  not
  maintain or introduce, in their national law, provisions
  diverging from those laid down in this Directive, including more or less stringent provisions
  to ensure
  a different level
  of consumer protection.

1.
     
  Except where provided for in paragraphs 1a and 1b,
  Member States may maintain or introduce, in their national law,
  more stringent
  provisions
  , compatible with the Treaty on the Functioning of the European Union, in order
  to ensure
  a higher level
  of consumer protection
  , under the conditions and to the extent specified in Article 5, Article 9(5) and 9(6), Articles 22 to 29, Article 31(4) and Articles 34 and 35.

2.
     
  Member States may maintain in force, in their national law, more stringent provisions, which are compatible with the Treaty on the Functioning of the European Union, in order to ensure a higher level of consumer protection, as laid down in Article 12(4) and Article 13(2).

3.
     
  Member States may not maintain or introduce, in their national law, provisions diverging from those laid down in Article 2, Article 9(1) to (4) and Article 9(8), Articles 10 and 11, Article 12(1) to (3), Article 13(1), Articles 14 to 19, Articles 30 to 33 and Article 36 including more stringent provisions to ensure a different level of consumer protection.

Amendment 83

Proposal for a directive

Article 4 a (new)

Article 4a

Periods, dates and time limits

Council Regulation (EEC, Euratom) No 1182/71 of 3 June 1971 determining the rules applicable to periods, dates and time limits (5) shall apply to the calculation of the periods, dates and time limits contained in this Directive.

Amendment 84

Proposal for a directive

Chapter II – title

Amendment 85

Proposal for a directive

Article 5 – title

General
  information requirements

Information requirements
  for on-premises contracts

Amendment 86

Proposal for a directive

Article 5 – paragraph 1 – introductory part

1.   
  Prior to the conclusion of any sales or service
  contract, the trader shall provide the consumer with the following information, if not already apparent from the context:

1.   
  On concluding an on-premises
  contract, the trader shall provide the consumer with the following information
  in a clear and intelligible manner
  , if not already apparent from the context:

Amendment 87

Proposal for a directive

Article 5 – paragraph 1 – point a

| (a) | the main characteristics of the
  product
  , to an extent appropriate to the
  medium and the product
  ; |
| --- | --- |

(a)

the main characteristics of the
  product
  , to an extent appropriate to the
  medium and the product
  ;

| (a) | the main characteristics of the
  good or service
  , to an extent appropriate to the
  good or service
  ; |
| --- | --- |

(a)

the main characteristics of the
  good or service
  , to an extent appropriate to the
  good or service
  ;

Amendment 88

Proposal for a directive

Article 5 – paragraph 1 – point b

| (b) | the geographical address and
  the identity of the trader, such as his trading name
  and, where applicable, the geographical address and the identity of the trader on whose behalf he is acting
  ; |
| --- | --- |

(b)

the geographical address and
  the identity of the trader, such as his trading name
  and, where applicable, the geographical address and the identity of the trader on whose behalf he is acting
  ;

| (b) | the identity of the trader, such as his trading name; |
| --- | --- |

(b)

the identity of the trader, such as his trading name;

Amendment 89

Proposal for a directive

Article 5 – paragraph 1 – point b a (new)

| (ba) | the trader’s business address, telephone, fax number and e-mail address, where available, to enable the consumer to contact the trader quickly and to communicate with the trader efficiently; |
| --- | --- |

(ba)

the trader’s business address, telephone, fax number and e-mail address, where available, to enable the consumer to contact the trader quickly and to communicate with the trader efficiently;

Amendment 90

Proposal for a directive

Article 5 – paragraph 1 – point c

| (c) | the price inclusive of taxes, or where the nature of the
  product
  means that the price cannot reasonably be calculated in advance, the manner in which the price is calculated, as well as, where appropriate, all additional freight, delivery or postal charges or, where these charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable; |
| --- | --- |

(c)

the price inclusive of taxes, or where the nature of the
  product
  means that the price cannot reasonably be calculated in advance, the manner in which the price is calculated, as well as, where appropriate, all additional freight, delivery or postal charges or, where these charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable;

| (c) | the
  total
  price inclusive of taxes, or where the nature of the
  good or service
  means that the price cannot reasonably be calculated in advance, the manner in which the price is calculated, as well as, where appropriate, all additional freight, delivery or postal charges
  and any other cost
  or, where these charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable.
  In the case of an contract of indeterminate duration, the total price shall mean the total monthly costs
  ; |
| --- | --- |

(c)

the
  total
  price inclusive of taxes, or where the nature of the
  good or service
  means that the price cannot reasonably be calculated in advance, the manner in which the price is calculated, as well as, where appropriate, all additional freight, delivery or postal charges
  and any other cost
  or, where these charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable.
  In the case of an contract of indeterminate duration, the total price shall mean the total monthly costs
  ;

Amendment 91

Proposal for a directive

Article 5 – paragraph 1 – point d

| (d) | the arrangements for payment, delivery, performance and the complaint handling policy
  , if they depart from the requirements of professional diligence
  ; |
| --- | --- |

(d)

the arrangements for payment, delivery, performance and the complaint handling policy
  , if they depart from the requirements of professional diligence
  ;

| (d) | where appropriate,
  the arrangements for payment, delivery, performance
  , the date by which the trader undertakes to deliver the goods or to provide the service
  and the
  trader’s
  complaint handling policy; |
| --- | --- |

(d)

where appropriate,
  the arrangements for payment, delivery, performance
  , the date by which the trader undertakes to deliver the goods or to provide the service
  and the
  trader’s
  complaint handling policy;

Amendment 92

Proposal for a directive

Article 5 – paragraph 1 – point f

| (f) | the existence and the conditions of after-sales services and commercial guarantees, where applicable; |
| --- | --- |

(f)

the existence and the conditions of after-sales services and commercial guarantees, where applicable;

| (f) | in addition to a reminder of the existence of a legal guarantee of conformity for goods,
  the existence and the conditions of after-sales services and commercial guarantees, where applicable; |
| --- | --- |

(f)

in addition to a reminder of the existence of a legal guarantee of conformity for goods,
  the existence and the conditions of after-sales services and commercial guarantees, where applicable;

| (fa) | the existence of codes of conduct and how they can be obtained, where applicable; |
| --- | --- |

(fa)

the existence of codes of conduct and how they can be obtained, where applicable;

Amendment 93

Proposal for a directive

Article 5 – paragraph 1 – point g

| (g) | the duration of the contract where applicable or if the contract is
  open-ended
  , the conditions for terminating the contract; |
| --- | --- |

(g)

the duration of the contract where applicable or if the contract is
  open-ended
  , the conditions for terminating the contract;

| (g) | the duration of the contract where applicable or if the contract is
  of indeterminate duration or is to be extended automatically,
  the conditions for terminating the contract; |
| --- | --- |

(g)

the duration of the contract where applicable or if the contract is
  of indeterminate duration or is to be extended automatically,
  the conditions for terminating the contract;

Amendment 94

Proposal for a directive

Article 5 – paragraph 1 – point i

| (i) | the existence and the conditions of deposits or other financial guarantees to be paid or provided by the consumer at the request of the trader. |
| --- | --- |

(i)

the existence and the conditions of deposits or other financial guarantees to be paid or provided by the consumer at the request of the trader.

| (i) | where applicable,
  the existence and the conditions of deposits or other financial guarantees to be paid or provided by the consumer at the request of the trader; |
| --- | --- |

(i)

where applicable,
  the existence and the conditions of deposits or other financial guarantees to be paid or provided by the consumer at the request of the trader;

Amendment 95

Proposal for a directive

Article 5 – paragraph 1 – points i a, i b and i c (new)

| (ia) | the application of technical protection measures for digital content, where applicable; |
| --- | --- |

(ia)

the application of technical protection measures for digital content, where applicable;

| (ib) | any interoperability of digital content with hardware and software that the trader is aware of or can reasonably be expected to have been aware of, including any lack of interoperability, where applicable; |
| --- | --- |

(ib)

any interoperability of digital content with hardware and software that the trader is aware of or can reasonably be expected to have been aware of, including any lack of interoperability, where applicable;

| (ic) | he possibility of having recourse to an out-of-court complaint and redress mechanism, to which the trader is subject, and the methods for having access to it, where applicable. |
| --- | --- |

(ic)

he possibility of having recourse to an out-of-court complaint and redress mechanism, to which the trader is subject, and the methods for having access to it, where applicable.

Amendment 96

Proposal for a directive

Article 5 – paragraph 2

2.   
  In the case of a public auction, the information in paragraph 1(b) may be replaced by the geographical address and the identity of the auctioneer

2.   
  Paragraph 1 shall not be applicable to contracts for the delivery of a good or the provision of a service, which involve day-to-day transactions and in which the trader has to deliver the good or provide the service immediately when the contract is concluded

Amendment 97

Proposal for a directive

Article 5 – paragraph 3

3.   
  The information referred to in paragraph 1 shall form an integral part of the sales or service contract
  .

3.   
  Member States may adopt or maintain additional pre-contractual information requirements
  .

Amendment 98

Proposal for a directive

Article 6 – paragraph 2

2.   Without prejudice to
  Articles 7(2),
  13 and 42, the consequences of any breach of Article 5, shall be determined in accordance with the applicable national law. Member States shall provide in their national laws for effective
  contract law
  remedies for any breach of Article 5.

2.   Without prejudice to
  Articles
  13 and 42, the consequences of any breach of Article 5 shall be determined in accordance with the applicable national law. Member States shall provide in their national laws for effective
  and proportionate
  remedies for any breach of Article 5.

Amendment 99

Proposal for a directive

Article 7

Article 7

Specific information requirements for intermediaries

1.
     
  Prior to the conclusion of the contract, the intermediary shall disclose to the consumer, that he is acting in the name of or on behalf of another consumer and that the contract concluded, shall not be regarded as a contract between the consumer and the trader but rather as a contract between two consumers and as such falling outside the scope of this Directive.

2.
     
  The intermediary, who does not fulfil the obligation under paragraph 1, shall be deemed to have concluded the contract in his own name.

3.
     
  This Article shall not apply to public auctions.

deleted

Amendment 100

Proposal for a directive

Article 8

Article 8

Scope

This Chapter shall apply to distance and off-premises contracts.

deleted

Amendment 101

Proposal for a directive

Article 9

Article 9

Information requirements for distance and off-premises contracts

Article 9

Pre-contractual
  information requirements for distance and off-premises contracts

As regards
  distance or off-premises
  contracts
  , the trader shall provide the following information
  which shall form an integral part of the contract:

1.
     
  In good time before the consumer is bound by any
  distance or off-premises
  contract or any corresponding offer,
  the trader shall provide the
  consumer with the
  following information
  in a clear and intelligible manner:

| (a) | the information referred to in Articles 5 and 7 and, by way of derogation from Article 5(1)(d), the arrangements for payment, delivery and performance in all cases
  ; |
| --- | --- |

(a)

the information referred to in Articles 5 and 7 and, by way of derogation from Article 5(1)(d), the arrangements for payment, delivery and performance in all cases
  ;

| (a) | the main characteristics of the good or service, to the extent appropriate to the medium and the good or service; |
| --- | --- |

(a)

the main characteristics of the good or service, to the extent appropriate to the medium and the good or service;

| (b) | where a right of withdrawal applies, the conditions and procedures for exercising that right in accordance with Annex I
  ; |
| --- | --- |

(b)

where a right of withdrawal applies, the conditions and procedures for exercising that right in accordance with Annex I
  ;

| (b) | the identity of the trader, such as his trading name
  ; |
| --- | --- |

(b)

the identity of the trader, such as his trading name
  ;

| (ba) | the trader’s business address, telephone number, fax number and e-mail address, where available, to enable the consumer to contact the trader quickly and to communicate with him efficiently; |
| --- | --- |

(ba)

the trader’s business address, telephone number, fax number and e-mail address, where available, to enable the consumer to contact the trader quickly and to communicate with him efficiently;

| (c) | if different from his geographical address, the geographical address of the place of business of the trader (and where applicable that of the trader on whose behalf he is acting) where the consumer can address any complaints
  ; |
| --- | --- |

(c)

if different from his geographical address, the geographical address of the place of business of the trader (and where applicable that of the trader on whose behalf he is acting) where the consumer can address any complaints
  ;

| (c) | the total price inclusive of taxes, or, where the nature of the good or service means that the price cannot reasonably be calculated in advance, the manner in which the price is calculated, as well as, where appropriate, all additional freight, delivery or postal charges and any other cost or, where those charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable; in the case of a contract of indeterminate duration, the total price shall mean the total monthly costs
  ; |
| --- | --- |

(c)

the total price inclusive of taxes, or, where the nature of the good or service means that the price cannot reasonably be calculated in advance, the manner in which the price is calculated, as well as, where appropriate, all additional freight, delivery or postal charges and any other cost or, where those charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable; in the case of a contract of indeterminate duration, the total price shall mean the total monthly costs
  ;

| (d) | the existence of codes of conduct and how they can be obtained, where applicable
  ; |
| --- | --- |

(d)

the existence of codes of conduct and how they can be obtained, where applicable
  ;

| (d) | the arrangements for payment, delivery, performance, the date by which the trader undertakes to deliver the goods or to perform the service and the trader’s complaint handling policy
  ; |
| --- | --- |

(d)

the arrangements for payment, delivery, performance, the date by which the trader undertakes to deliver the goods or to perform the service and the trader’s complaint handling policy
  ;

| (e) | the possibility of having recourse to an amicable dispute settlement, where applicable
  ; |
| --- | --- |

(e)

the possibility of having recourse to an amicable dispute settlement, where applicable
  ;

| (e) | in so far as a right of withdrawal exists, the conditions, period and procedure for exercising that right including the eventual costs of return of the goods for the consumer; for this purpose, the trader may use the model instructions on withdrawal set out in Annex I(A) and the model withdrawal form set out in Annex I(B), or any other clearly worded statement; if the trader informs the consumer using the model instructions on withdrawal set out in Annex I(A), he shall be deemed to have satisfied the information requirements laid down in this Article concerning the right of withdrawal
  ; |
| --- | --- |

(e)

in so far as a right of withdrawal exists, the conditions, period and procedure for exercising that right including the eventual costs of return of the goods for the consumer; for this purpose, the trader may use the model instructions on withdrawal set out in Annex I(A) and the model withdrawal form set out in Annex I(B), or any other clearly worded statement; if the trader informs the consumer using the model instructions on withdrawal set out in Annex I(A), he shall be deemed to have satisfied the information requirements laid down in this Article concerning the right of withdrawal
  ;

| (ea) | where a right of withdrawal does not apply in accordance with Article 19(1), the information that the consumer cannot exercise a right of withdrawal; |
| --- | --- |

(ea)

where a right of withdrawal does not apply in accordance with Article 19(1), the information that the consumer cannot exercise a right of withdrawal;

| (f) | that the contract will be concluded with a trader and as a result that the consumer will benefit from the protection afforded by this Directive. |
| --- | --- |

(f)

that the contract will be concluded with a trader and as a result that the consumer will benefit from the protection afforded by this Directive.

| (f) | in addition to a reminder of the existence of a legal guarantee of conformity for goods, the existence and the conditions of after-sales services and commercial guarantees, where applicable; |
| --- | --- |

(f)

in addition to a reminder of the existence of a legal guarantee of conformity for goods, the existence and the conditions of after-sales services and commercial guarantees, where applicable;

| (fa) | the existence of codes of conduct and how copies of them can be obtained, where applicable; |
| --- | --- |

(fa)

the existence of codes of conduct and how copies of them can be obtained, where applicable;

| (fb) | the duration of the contract where applicable, or, if the contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the contract; |
| --- | --- |

(fb)

the duration of the contract where applicable, or, if the contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the contract;

| (fc) | the minimum duration of the consumer’s obligations under the contract, where applicable; |
| --- | --- |

(fc)

the minimum duration of the consumer’s obligations under the contract, where applicable;

| (fd) | the existence and the conditions of deposits or other financial guarantees to be paid or provided by the consumer at the request of the trader; |
| --- | --- |

(fd)

the existence and the conditions of deposits or other financial guarantees to be paid or provided by the consumer at the request of the trader;

| (fe) | the application of technical protection measures for digital content, where applicable; |
| --- | --- |

(fe)

the application of technical protection measures for digital content, where applicable;

| (ff) | any interoperability of digital content with hardware and software that the trader is aware of or can reasonably be expected to have been aware of, including any lack of interoperability, where applicable; |
| --- | --- |

(ff)

any interoperability of digital content with hardware and software that the trader is aware of or can reasonably be expected to have been aware of, including any lack of interoperability, where applicable;

| (fg) | the possibility of having recourse to an out-of-court complaint and redress mechanism, to which the trader is subject, and the methods for having access to it, where applicable. |
| --- | --- |

(fg)

the possibility of having recourse to an out-of-court complaint and redress mechanism, to which the trader is subject, and the methods for having access to it, where applicable.

2.
     
  In the case of a public auction, the information referred to in points (b), (ba) and (c) of paragraph 1 may be replaced by the equivalent details for the auctioneer.

3.
     
  The information referred to in paragraph 1 shall form an integral part of the distance or off-premises contract.

4.
     
  Member States shall not impose any other requirements on the content of the model instructions on withdrawal set out in Annex I(A).

5.
     
  For distance and off-premises contracts relating to transport services or health and safety requirements, Member States may adopt or maintain provisions of national law laying down additional pre-contractual information requirements provided that they are compatible with the Treaty on the Functioning of European Union and that such requirements are appropriate for the proper information of the consumer.

6.
     
  Member States may adopt or maintain additional pre-contractual information requirements for all distance and off-premises contracts for the provision of services for which, pursuant to Article 22(5) of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (6), they impose additional information requirements applicable to providers established in their territory.

7.
     
  Article 5 shall be without prejudice to Directive 2000/31/EC of the European Parliament and of the Council on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (7).

8.
     
  As regards demonstrating compliance with the information requirements referred to in this Chapter, the burden of proof shall be upon the trader.

Amendment 102

Proposal for a directive

Article 10 – title

Formal requirements for off-premises contracts

Formal
  pre-contractual information
  requirements for off-premises contracts

Amendment 233

Proposal for a directive

Article 10 – paragraph 1

1.   With respect to off-premises contracts, the information provided for in Article 9 shall be given in the order form in plain
  and
  intelligible language and be legible.
  The order form shall include the standard withdrawal form set out in Annex I(B)
  .

1.   With respect to off-premises contracts, the information provided for in Article 9 shall be given in the order form
  to the consumer on paper or, if the consumer agrees, on another durable medium
  in plain
  ,
  intelligible language and
  shall
  be legible.

Amendment 104

Proposal for a directive

Article 10 – paragraph 2

2.   An off-premises contract shall only
  be
  valid if the consumer
  signs
  an
  order form and in cases where the
  order form
  is not on paper, receives a copy of the order form on another durable medium
  .

2.   An off-premises contract shall only
  become
  valid if the consumer
  has signed
  an order form.

Amendment 234

Proposal for a directive

Article 10 – paragraph 2 a (new)

2a.
     
  Notwithstanding paragraphs 1 and 2, with respect to off-premises mixed contracts for which the trader and the consumer immediately perform their contractual obligations and the payment to be made by the consumer does not exceed EUR 200:

| (a) | the trader shall not be required to provide the information set out in Article 9 on paper or another durable medium; and |
| --- | --- |

(a)

the trader shall not be required to provide the information set out in Article 9 on paper or another durable medium; and

| (b) | the signature by the consumer of an order form shall not be required for the validity of the contract; |
| --- | --- |

(b)

the signature by the consumer of an order form shall not be required for the validity of the contract;

provided that such contracts, due to their nature, are usually concluded away from business premises.

Amendment 105

Proposal for a directive

Article 10 – paragraph 3

3.   Member States shall not impose any formal requirements
  other than those provided for in paragraphs 1 and 2
  .

3.   Member States shall not impose any
  further
  formal
  pre-contractual information
  requirements
  for the fulfilment of the information obligations referred to in Article 9(1)
  .

Amendment 106

Proposal for a directive

Article 11 – title

Formal requirements for distance contracts

Formal
  pre-contractual information
  requirements for distance contracts

Amendments 107, 235 and 236

Proposal for a directive

Article 11 – paragraph 1

1.   With respect to distance contracts, the information provided for in
  Article 9(a)
  shall be given or made available to the consumer
  prior to the conclusion of the contract,
  in plain and intelligible language and be legible, in a way appropriate to the means of distance communication used.

1.   With respect to distance contracts, the information provided for in
  Article 9
  shall be given or made available to the consumer
  on a durable medium
  , in plain and intelligible language
  ,
  and
  shall
  be legible, in a way appropriate to the means of distance communication used.

1a.
     
  If a distance contract, the terms of which have not been individually negotiated, to be concluded by electronic means for the delivery of a good or the provision of a service, places the consumer under an obligation to make a payment, the consumer shall be bound by the contract only if:

| (a) | the trader has made the consumer aware in a clear and prominent manner of the total price, including all related price components; and |
| --- | --- |

(a)

the trader has made the consumer aware in a clear and prominent manner of the total price, including all related price components; and

| (b) | the consumer has confirmed that he has read and understood the information required under point (a). With regard to contracts concluded through websites, this requirement shall be deemed to be satisfied if the website is designed in such a way that a binding order cannot be placed unless the consumer has previously registered on the trader’s website to use the trader’s offer. |
| --- | --- |

(b)

the consumer has confirmed that he has read and understood the information required under point (a). With regard to contracts concluded through websites, this requirement shall be deemed to be satisfied if the website is designed in such a way that a binding order cannot be placed unless the consumer has previously registered on the trader’s website to use the trader’s offer.

1b.
     
  By way of derogation from point (b) of paragraph 1a, where a distance contract referred to in that paragraph is to be concluded by telephone, the consumer shall be bound by that contract only if the trader has sent the consumer, on a durable medium, confirmation of his offer, including the information required under point (a) of paragraph 1a.

Amendment 108

Proposal for a directive

Article 11 – paragraph 2

2.   If the trader makes a telephone call to the consumer with a view to concluding a distance contract, he shall disclose his identity and the commercial purpose of the call at the beginning of the conversation with the consumer.

2.   If the trader
  or an intermediary acting on behalf of the trader
  makes a telephone call to the consumer with a view to concluding a distance contract, he shall disclose his identity and the commercial purpose of the call at the beginning of the conversation with the consumer.

2a.
     
  Trading websites shall indicate clearly and legibly on their homepage whether there are restrictions of any kind – including on means of payment – regarding delivery to certain Member States.

Amendment 109

Proposal for a directive

Article 11 – paragraph 3

3.   If the contract is concluded through a medium which allows limited space or time to display the information, the trader shall provide at least the information regarding the main characteristics of the
  product and
  the total price referred to in
  Articles 5
  (1)(a)
  and
  (c)
  on that particular medium prior to the conclusion of such a contract
  . The other information referred to in
  Articles 5 and 7
  shall be provided by the trader to the consumer in an appropriate way in accordance with paragraph 1.

3.   If the contract is concluded through a medium which allows limited space or time to display the information, the trader shall provide at least
  , on that particular medium prior to the conclusion of such a contract,
  the
  pre-contractual
  information regarding the main characteristics of the
  good or service,
  the total price
  , the duration of the contract and, if the contract is of indeterminate duration, the conditions for terminating the contract
  referred to in
  Article 9
  (1)(a)
  , (b),
  (c),
  (e) and (g)
  . The other information referred to in
  Article 9
  shall be provided by the trader to the consumer in an appropriate way in accordance with paragraph 1.

Amendment 110

Proposal for a directive

Article 11 – paragraph 4

4.
     
  The consumer shall receive confirmation of all the information referred to in Article 9(a) to (f), on a durable medium, in reasonable time after the conclusion of any distance contract, and at the latest at the time of the delivery of the goods or when the performance of the service has begun, unless the information has already been given to the consumer prior to the conclusion of any distance contract on a durable medium.

deleted

Amendment 237

Proposal for a directive

Article 11 – paragraph 5

5
  .   Member States shall not impose any
  formal
  requirements
  other than those provided for
  in
  paragraphs 1 to 4
  .

5
  .   Member States shall not impose any
  further
  formal
  pre-contractual information
  requirements for
  the fulfilment of the information obligations referred to
  in
  Article 9(
  1
  ).

Notwithstanding the first subparagraph, with respect to contracts referred to in paragraph 1b of this Article, Member States may introduce or maintain provisions of national law to the effect that the consumer is only bound by the contract if he has confirmed to the trader the conclusion of the contract on a durable medium. Member States shall notify those provisions to the Commission which shall make this information public in an easily accessible way.

Amendment 112

Proposal for a directive

Article 12 – paragraph 1 a (new)

1a.
     
  In the case of a distance or off-premises contract, the withdrawal period referred to in paragraph 1 shall begin from the day of the conclusion of the contract or on the day on which the consumer receives a copy of the signed contract document on a durable medium, if different from the day of conclusion of the contract.

Amendment 113

Proposal for a directive

Article 12 – paragraph 2

2.   In the case of an off-premises contract, the withdrawal period shall begin from the day
  when
  the consumer
  signs the order form or in cases where the order form is not on paper, when the consumer receives a copy of the order form on another durable medium.

2.   
  Notwithstanding paragraph 1,
  in the case of a
  distance or
  off-premises contract
  for the delivery of goods,
  the withdrawal period shall begin from the day
  on which
  the consumer
  or a third party other than the carrier and indicated by the consumer acquires material possession of the goods ordered or:

In the case of a distance contract for the sale of goods, the withdrawal period shall begin from the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires the material possession of each of the goods ordered
  .

In the case of a distance contract for the provision of services, the withdrawal period shall begin from the day of the conclusion of the contract.

| (a) | in the case of multiple goods ordered by the consumer in one order and delivered separately, of the last good delivered; |
| --- | --- |

(a)

in the case of multiple goods ordered by the consumer in one order and delivered separately, of the last good delivered;

| (b) | in the case of a good consisting of multiple lots or pieces, of the last lot or piece; |
| --- | --- |

(b)

in the case of a good consisting of multiple lots or pieces, of the last lot or piece;

| (c) | in the case of the recurring delivery of goods of the same kind during a defined period of time, of the first good delivered. |
| --- | --- |

(c)

in the case of the recurring delivery of goods of the same kind during a defined period of time, of the first good delivered.

Amendment 115

Proposal for a directive

Article 12 – paragraph 4

4.   The Member States shall not prohibit the parties from performing their obligations
  under the contract
  during the withdrawal period.

4.   The Member States shall not prohibit the parties from performing their
  contractual
  obligations during the withdrawal period.
  Nevertheless, in the case of off-premises contracts, Member States may maintain existing national legislation prohibiting the trader from collecting the payment during a given period after the conclusion of the contract
  .

Amendment 116

Proposal for a directive

Article 13

If the trader has not provided the consumer with the information on the right of withdrawal in breach of
  Articles 9(b)
  ,
  10(1) and 11(4)
  , the withdrawal period shall expire
  three months after the trader has fully performed his other contractual obligations
  .

1.
     If the trader has not provided the consumer with the information on the right of withdrawal in breach of
  point (e) of Article 9(1),
  the withdrawal period shall expire
  one year from the end of the initial. withdrawal period, as determined in accordance with Article 12(1a) and (2)
  .

2.
     
  Nevertheless, Member States may maintain existing national legislation providing for a longer period of expiration of the withdrawal period.

Amendments 238 and 239

Proposal for a directive

Article 14 – paragraph 1

1.   The consumer shall inform the trader of his decision to withdraw
  on a durable medium either in a statement addressed to the trader drafted in his own words or using the standard withdrawal form as set out in Annex I(B).

1.   
  Before expiry of the withdrawal period,
  the consumer shall inform the trader of his decision to withdraw.
  For this purpose, the consumer may either:

| (a) | use the model withdrawal form set out in Annex I(B) or make any other clearly worded statement; or |
| --- | --- |

(a)

use the model withdrawal form set out in Annex I(B) or make any other clearly worded statement; or

| (b) | return the goods to the trader, accompanied by a clearly worded statement setting out the consumer’s decision to withdraw
  . |
| --- | --- |

(b)

return the goods to the trader, accompanied by a clearly worded statement setting out the consumer’s decision to withdraw
  .

Member States shall not provide for any
  other
  formal requirements applicable to
  this standard
  withdrawal form.

Member States shall not provide for any formal requirements applicable to
  the model
  withdrawal form
  other than those set out in Annex I(B).

Amendment 240

Proposal for a directive

Article 14 – paragraph 2

2.   For distance contracts concluded on the Internet, the trader may, in addition to the possibilities referred to in paragraph 1, give the option to the consumer to electronically fill in and submit the
  standard
  withdrawal form on the trader’s website. In
  that case
  the trader shall communicate to the consumer an acknowledgement of receipt of such a withdrawal by email without delay.

2.   For distance contracts concluded on the Internet, the trader may, in addition to the possibilities referred to in paragraph 1, give the option to the consumer to electronically fill in and submit
  either
  the
  model
  withdrawal form
  set out in Annex I(B) or any other clearly worded statement
  on the trader’s website. In
  those cases
  the trader shall communicate to the consumer an acknowledgement of receipt of such a withdrawal by email
  on a durable medium
  without delay.

Amendment 119

Proposal for a directive

Article 15 – points a and b

| (a) | to perform the distance or off-premises contract, or |
| --- | --- |

(a)

to perform the distance or off-premises contract, or

| (a) | to perform the distance or off-premises contract, or |
| --- | --- |

(a)

to perform the distance or off-premises contract, or

| (b) | to conclude
  an
  off-premises contract, in cases where an offer was made by the consumer. |
| --- | --- |

(b)

to conclude
  an
  off-premises contract, in cases where an offer was made by the consumer.

| (b) | to conclude
  the distance or
  off-premises contract, in cases where an offer was made by the consumer. |
| --- | --- |

(b)

to conclude
  the distance or
  off-premises contract, in cases where an offer was made by the consumer.

Amendment 120

Proposal for a directive

Article 16 – paragraph 1

1.   The trader shall reimburse any payment received from the consumer
  within thirty
  days from the day on which he
  receives the communication of withdrawal
  .

1.   The trader shall reimburse any payment received from the consumer
  , including, if applicable, the costs of delivery, without undue delay, and in any event not later than fourteen
  days from the day on which he
  is informed of the consumer’s decision to withdraw in accordance with Article 14
  .
  The trader may carry out such reimbursement by any means of payment which is legal tender in the country where the consumer receives it, and provided that the consumer does not incur any fees as a result of the reimbursement
  .

Amendment 241

Proposal for a directive

Article 16 – paragraph 2

2.   For sales contracts, the trader may
  withhold the
  reimbursement
  until he has received or collected the goods back, or
  the consumer has supplied evidence of having sent back the goods
  , whichever is the earliest
  .

2.   
  Notwithstanding paragraph 1, the trader shall not be required to reimburse additional delivery costs, if the consumer has expressly opted for a type of delivery other than a standard delivery.
  For sales contracts, the trader may
  make
  reimbursement
  subject to
  the
  condition that
  the consumer has supplied evidence of having sent back the goods.

Amendment 122

Proposal for a directive

Article 17 – paragraph 1

1.   For
  sales
  contracts for
  which the material possession of the goods has been transferred to the consumer or at his request, to a third party before the expiration of the withdrawal period,
  the consumer shall send back the goods or hand them over to the trader or to a person authorised by the trader to receive them,
  within
  fourteen days from the day on which he communicates his
  withdrawal
  to the trader, unless the trader has offered to collect the goods himself.

1.   For
  distance or off-premises
  contracts for
  the supply of goods
  the consumer shall send back the goods or hand them over to the trader or to a person authorised by the trader to receive them,
  without undue delay and in any event not later than
  fourteen days from the day on which he communicates his
  decision to withdraw
  to the trader
  in accordance with Article 14
  , unless the trader has offered to collect the goods himself.

The consumer shall only be charged for the direct cost of returning the goods
  unless
  the trader has agreed to bear
  that cost
  .

The consumer shall only be charged for the direct cost of returning the goods
  . He shall not be charged for that cost if
  the trader has agreed
  in the contract
  to bear
  it or the price of the goods to be returned is more than EUR 40
  .

Amendment 123

Proposal for a directive

Article 17 – paragraph 2

2.   The consumer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to
  ascertain
  the nature and functioning of the goods.
  He
  shall not be liable for diminished value where the trader has failed to provide notice of the withdrawal
  right
  in accordance with
  Article 9(b)
  .
  For service contracts subject to a right of withdrawal, the consumer shall bear no cost for services performed, in full or in part, during the withdrawal period.

2.   The consumer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to
  establish
  the nature
  , qualities
  and functioning of the goods.
  The consumer
  shall
  in any event
  not be liable for
  any
  diminished value
  of the goods
  where the trader has failed to provide notice of the
  right of
  withdrawal in accordance with
  point (e) of Article 9(1)
  .

2a.
     
  Except as provided for in this Article, the consumer shall not incur any liability through the exercise of the right of withdrawal.

Amendment 125

Proposal for a directive

Article 18 – paragraph 1

1.   Without prejudice to Article 15 of Directive 2008/48/EC, if the consumer exercises his right of withdrawal from a distance or an off-premises contract in accordance with Articles 12 to 17, any
  ancillary
  contracts shall be automatically terminated, without any costs for the consumer.

1.   Without prejudice to Article 15 of Directive 2008/48/EC, if the consumer exercises his right of withdrawal from a distance or an off-premises contract in accordance with Articles 12 to 17, any
  linked
  contracts shall be automatically terminated, without any costs for the consumer
  that are not provided for in this Directive
  .

Amendment 126

Proposal for a directive

Article 19 – paragraph 1 – introductory part

1.   In respect of distance contracts, the right of withdrawal shall not apply as regards the following:

1.   In respect of distance
  and off-premises
  contracts, the right of withdrawal shall not apply as regards the following:

Amendment 127

Proposal for a directive

Article 19 – paragraph 1 – point a

| (a) | services where performance has begun, with the consumer’s prior express consent, before the end of the fourteen day period referred to in Article 12; |
| --- | --- |

(a)

services where performance has begun, with the consumer’s prior express consent, before the end of the fourteen day period referred to in Article 12;

| (a) | services where performance has begun, with the consumer’s prior express consent
  on a durable medium
  , before the end of the fourteen day period referred to in Article 12;
  in such cases, the consent should also extend to waiving the consumer’s right of withdrawal; |
| --- | --- |

(a)

services where performance has begun, with the consumer’s prior express consent
  on a durable medium
  , before the end of the fourteen day period referred to in Article 12;
  in such cases, the consent should also extend to waiving the consumer’s right of withdrawal;

Amendment 128

Proposal for a directive

Article 19 – paragraph 1 – point b

| (b) | the supply of goods or services for which the price is dependent on fluctuations in the
  financial
  market which cannot be controlled by the trader; |
| --- | --- |

(b)

the supply of goods or services for which the price is dependent on fluctuations in the
  financial
  market which cannot be controlled by the trader;

| (b) | the supply of goods or services for which the price is dependent on fluctuations in the market which cannot be controlled by the trader
  and which might occur within the withdrawal period
  ; |
| --- | --- |

(b)

the supply of goods or services for which the price is dependent on fluctuations in the market which cannot be controlled by the trader
  and which might occur within the withdrawal period
  ;

Amendment 129

Proposal for a directive

Article 19 – paragraph 1 – point c

| (c) | the supply of goods made to the consumer’s specifications or clearly personalized or which are liable to deteriorate or expire rapidly; |
| --- | --- |

(c)

the supply of goods made to the consumer’s specifications or clearly personalized or which are liable to deteriorate or expire rapidly;

| (c) | the supply of goods made
  or services provided
  to the consumer’s specifications or clearly personalized
  , requiring the trader to make individual arrangements which he can make no other use of,
  or which are liable to deteriorate or expire rapidly; |
| --- | --- |

(c)

the supply of goods made
  or services provided
  to the consumer’s specifications or clearly personalized
  , requiring the trader to make individual arrangements which he can make no other use of,
  or which are liable to deteriorate or expire rapidly;

Amendment 130

Proposal for a directive

Article 19 – paragraph 1 – point d

| (d) | the supply
  of wine, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place beyond the time-limit referred to in Article 22(1) and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the trader; |
| --- | --- |

(d)

the supply
  of wine, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place beyond the time-limit referred to in Article 22(1) and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the trader;

| (d) | the supply of: |
| --- | --- |

(d)

the supply of:

| — | foodstuffs, |
| --- | --- |

—

foodstuffs,

| — | beverages, |
| --- | --- |

—

beverages,

| — | pharmaceuticals, or |
| --- | --- |

—

pharmaceuticals, or

| — | other hygienically sensitive goods, whose packaging or sealing has already been opened by the consumer, after having been informed about the exclusion of the right of withdrawal; |
| --- | --- |

—

other hygienically sensitive goods, whose packaging or sealing has already been opened by the consumer, after having been informed about the exclusion of the right of withdrawal;

| (da) | contracts in respect of which the consumer, in order to respond to an immediate emergency, has requested immediate performance by the trader; if, on this occasion, the trader provides or sells additional services or goods other than those which are strictly necessary to meet the immediate emergency of the consumer, the right of withdrawal shall apply to those additional goods or services; |
| --- | --- |

(da)

contracts in respect of which the consumer, in order to respond to an immediate emergency, has requested immediate performance by the trader; if, on this occasion, the trader provides or sells additional services or goods other than those which are strictly necessary to meet the immediate emergency of the consumer, the right of withdrawal shall apply to those additional goods or services;

| (db) | contracts for which the consumer has specifically requested the trader to visit him at home for the purpose of carrying out repairs or maintenance; if, on the occasion of such a visit, the trader provides services in addition to those specifically requested by the consumer or goods other than replacement parts necessarily used in performing the maintenance or in making the repairs, the right of withdrawal shall apply to those additional services or goods; |
| --- | --- |

(db)

contracts for which the consumer has specifically requested the trader to visit him at home for the purpose of carrying out repairs or maintenance; if, on the occasion of such a visit, the trader provides services in addition to those specifically requested by the consumer or goods other than replacement parts necessarily used in performing the maintenance or in making the repairs, the right of withdrawal shall apply to those additional services or goods;

Amendment 132

Proposal for a directive

Article 19 – paragraph 1 – point f

| (f) | the supply of newspapers, periodicals and magazines; |
| --- | --- |

(f)

the supply of newspapers, periodicals and magazines;

| (f) | the supply of newspapers, periodicals and magazines
  with the exception of subscription contracts for the supply of such publications
  ; |
| --- | --- |

(f)

the supply of newspapers, periodicals and magazines
  with the exception of subscription contracts for the supply of such publications
  ;

Amendment 133

Proposal for a directive

Article 19 – paragraph 1 – point g

| (g) | gaming and lottery services; |
| --- | --- |

(g)

gaming and lottery services;

deleted

Amendment 134

Proposal for a directive

Article 19 – paragraph 1 – point h

| (h) | contracts concluded at
  an
  auction. |
| --- | --- |

(h)

contracts concluded at
  an
  auction.

| (h) | contracts concluded at
  a public
  auction. |
| --- | --- |

(h)

contracts concluded at
  a public
  auction.

| (ha) | the supply of digital content once the consumer has started to download that digital content. |
| --- | --- |

(ha)

the supply of digital content once the consumer has started to download that digital content.

Amendment 135

Proposal for a directive

Article 19 – paragraph 2

2.
     
  In respect of off-premises contracts, the right of withdrawal shall not apply as regards the following:

| (a) | contracts for the supply of foodstuffs, beverages or other goods intended for current consumption in the household, selected in advance by the consumer by means of distance communication and physically supplied to the consumer’s home, residence or workplace by the trader who usually sells such goods on his own business premises; |
| --- | --- |

(a)

contracts for the supply of foodstuffs, beverages or other goods intended for current consumption in the household, selected in advance by the consumer by means of distance communication and physically supplied to the consumer’s home, residence or workplace by the trader who usually sells such goods on his own business premises;

| (b) | contracts for which the consumer, in order to respond to an immediate emergency, has requested the immediate performance of the contract by the trader; if, on this occasion, the trader provides or sells additional services or goods other than those which are strictly necessary to meet the immediate emergency of the consumer, the right of withdrawal shall apply to those additional services or goods; |
| --- | --- |

(b)

contracts for which the consumer, in order to respond to an immediate emergency, has requested the immediate performance of the contract by the trader; if, on this occasion, the trader provides or sells additional services or goods other than those which are strictly necessary to meet the immediate emergency of the consumer, the right of withdrawal shall apply to those additional services or goods;

| (c) | contracts for which the consumer has specifically requested the trader, by means of distance communication, to visit his home for the purpose of repairing or performing maintenance upon his property; if on this occasion, the trader provides services in addition to those specifically requested by the consumer or goods other than replacement parts necessarily used in performing the maintenance or in making the repairs, the right of withdrawal shall apply to those additional services or goods. |
| --- | --- |

(c)

contracts for which the consumer has specifically requested the trader, by means of distance communication, to visit his home for the purpose of repairing or performing maintenance upon his property; if on this occasion, the trader provides services in addition to those specifically requested by the consumer or goods other than replacement parts necessarily used in performing the maintenance or in making the repairs, the right of withdrawal shall apply to those additional services or goods.

deleted

Amendment 136

Proposal for a directive

Article 19 – paragraph 3

3.
     The
  parties
  may agree not to apply
  paragraphs 1 and 2
  .

2.
     The
  trader and the consumer
  may agree not to apply
  paragraph 1
  .

Amendment 137

Proposal for a directive

Article 20

Article 20

Excluded distance and off-premises contracts

1.
     
  Articles 8 to 19 shall not apply to distance and off-premises contracts:

| (a) | for the sale of immovable property or relating to other immovable property rights, except for rental and works relating to immovable property; |
| --- | --- |

(a)

for the sale of immovable property or relating to other immovable property rights, except for rental and works relating to immovable property;

| (b) | concluded by means of automatic vending machines or automated commercial premises; |
| --- | --- |

(b)

concluded by means of automatic vending machines or automated commercial premises;

| (c) | concluded with telecommunications operators through public payphones for their use; |
| --- | --- |

(c)

concluded with telecommunications operators through public payphones for their use;

| (d) | for the supply of foodstuffs or beverages by a trader on frequent and regular rounds in the neighbourhood of his business premises. |
| --- | --- |

(d)

for the supply of foodstuffs or beverages by a trader on frequent and regular rounds in the neighbourhood of his business premises.

2.
     
  Articles 8 to 19 shall not apply to off-premises contracts relating to:

| (a) | insurance, |
| --- | --- |

(a)

insurance,

| (b) | financial services whose price depends on fluctuations in the financial market outside the trader’s control, which may occur during the withdrawal period, as defined in Article 6(2)(a) of Directive 2002/65/EC and |
| --- | --- |

(b)

financial services whose price depends on fluctuations in the financial market outside the trader’s control, which may occur during the withdrawal period, as defined in Article 6(2)(a) of Directive 2002/65/EC and

| (c) | credit which falls within the scope of Directive 2008/48/EC. |
| --- | --- |

(c)

credit which falls within the scope of Directive 2008/48/EC.

3.
     
  Articles 8 to 19 shall not apply to distance contracts for the provision of accommodation, transport, car rental services, catering or leisure services as regards contracts providing for a specific date or period of performance.

deleted

Amendment 138

Proposal for a directive

Article 21

Article 21

Scope

1.
     
  This Chapter shall apply to sales contracts. Without prejudice to Article 24(5), where the contract is a mixed-purpose contract having as its object both goods and services, this Chapter shall only apply to the goods

2.
     
  This Chapter shall also apply to contracts for the supply of goods to be manufactured or produced.

3.
     
  This Chapter shall not apply to the spare parts replaced by the trader when he has remedied the lack of conformity of the goods by repair under Article 26.

4.
     
  Member States may decide not to apply this Chapter to the sale of second-hand goods at public auctions

deleted

Amendment 139

Proposal for a directive

Article 22 – paragraph 1

1.   
  Unless
  the parties have agreed
  otherwise
  , the trader shall deliver the goods by transferring the material possession of the goods to the consumer or to a third party, other than the carrier
  and indicated by the consumer, within a maximum of
  thirty days from the day of the conclusion of the contract.

1.   
  In the event that
  the parties have
  not
  agreed
  on the time of delivery
  , the trader shall deliver the goods by transferring the material possession of the goods to the consumer or to a third party,
  indicated by the consumer and
  other than the carrier
  , as soon as possible but not later than
  thirty days from the day of the conclusion of the contract.

Amendment 140

Proposal for a directive

Article 22 – paragraph 2

2.   Where the trader has failed to fulfil his obligations to deliver, the consumer shall be entitled to
  a refund of any sums paid within seven days from the date of delivery provided for in paragraph 1
  .

2.   Where the trader has failed to fulfil his obligations to deliver
  the goods at the time agreed on with the consumer, or in accordance with paragraph 1,
  the consumer shall be entitled to
  terminate the contract unless the goods are delivered within a new period to be determined by the consumer, which shall not exceed seven days. To that end, the consumer shall give prior notice in writing to the trader, specifying the new delivery period and stating his intention to terminate the contract in the event that the delivery does not take place by the end of that new delivery period. If, upon expiry of that period, no action has been taken, the consumer shall be deemed to have withdrawn from the contract.

Notwithstanding the first subparagraph, the consumer shall be entitled to terminate the contract with immediate effect where the trader has implicitly or explicitly refused to deliver the goods, or where compliance with the agreed time of delivery is regarded as an essential element of the contract, taking into account the circumstances attending the conclusion of the contract.

2a.
     
  Upon termination of the contract, the trader shall immediately, and in any event not later than seven days after the termination of the contract, reimburse all sums paid under the contract.

2b.
     
  This Article shall be without prejudice to the right of the consumer to claim damages.

Amendment 141

Proposal for a directive

Article 22 a (new)

Article 22a

Right to delivery of goods to or supply of services in another Member State

In the case of a distance contract, the consumer shall be entitled to require the trader to deliver the goods or supply the service in another Member State. The trader shall meet the consumer’s request if this is technically feasible and if the consumer agrees to bear all the related costs. The trader shall in any event state those costs in advance.

Amendment 142

Proposal for a directive

Article 22 b (new)

Article 22b

Means of payment

1.
     
  The trader and consumer may agree on an advance payment or a deposit on delivery.

2.
     
  In accordance with Article 52(3) of Directive 2007/64/EC of the European Parliament and of the Council of 13 November 2007 on payment services in the internal market (8), Member States may prohibit or limit traders’ right to request charges from consumers taking into account the need to encourage competition and promote the use of efficient payment instruments.

3.
     
  Member States shall prohibit traders from charging consumers, in respect of the use of a given means of payment, fees that exceed the cost borne by the trader for the use of such means.

Amendment 143

Proposal for a directive

Article 23 – paragraph 1

1.   The risk of loss of or damage to the goods shall pass to the consumer when he or a third party, other than the carrier
  and indicated by the consumer
  has acquired the material possession of the goods.

1.   The risk of loss of or damage to the goods shall pass to the consumer when he or a third party,
  indicated by the consumer and
  other than the carrier, has acquired the material possession of the goods.
  The risk shall pass to the consumer upon delivery to the carrier, if the carrier was commissioned to carry the goods by the consumer and that choice was not offered by the trader, without prejudice to the rights of the consumer against the carrier.

Amendment 144

Proposal for a directive

Article 23 – paragraph 2

2.   The risk referred to in paragraph 1 shall pass to the consumer at the time of delivery as agreed by the parties, if the consumer or a third party, other than the carrier and indicated by the consumer has failed to take reasonable steps to acquire the material possession of the goods.

2.   The risk referred to in paragraph 1 shall pass to the consumer at the time of delivery as agreed by the parties, if the consumer or a third party, other than the carrier and indicated by the consumer has
  manifestly
  failed to take reasonable steps to acquire the material possession of the goods.

Amendment 145

Proposal for a directive

Article 23 a (new)

Article 23a

Duration of contracts

1.
     
  Without prejudice of the provisions of this Directive on unfair contract terms, contracts concluded between consumers and traders shall not stipulate an initial commitment period of more than 12 months.

2.
     
  At the end of the initial 12-month commitment period, consumers shall be entitled to terminate the contract at any time. Termination of the contract shall be subject to a period of prior notice, which shall not exceed two months. Consumers shall be entitled to give such prior notice before the end of the initial 12-month commitment period in order to terminate the contract with effect from the end of that period.

Amendment 146

Proposal for a directive

Article 24 – paragraph 1

1.   The trader shall deliver the goods in conformity with the
  sales
  contract.

1.   The trader shall deliver the goods in conformity with the contract
  , in particular as regards quality and quantity, that were jointly agreed upon by the parties
  .

Amendment 147

Proposal for a directive

Article 24 – paragraph 2 – point a

| (a) | they comply with the description given by the trader and possess the qualities of the goods which the trader has presented to the consumer as a sample or model
  ; |
| --- | --- |

(a)

they comply with the description given by the trader and possess the qualities of the goods which the trader has presented to the consumer as a sample or model
  ;

| (a) | they comply with the description given by the trader and possess the qualities of the goods which the trader has presented to the consumer as a sample or model
  , and |
| --- | --- |

(a)

they comply with the description given by the trader and possess the qualities of the goods which the trader has presented to the consumer as a sample or model
  , and

Amendment 148

Proposal for a directive

Article 24 – paragraph 2 – point b

| (b) | they are fit for
  any particular
  purpose for which
  the consumer requires
  them
  and which he made known to the trader
  at the time of the conclusion of the contract
  and which the trader has accepted; |
| --- | --- |

(b)

they are fit for
  any particular
  purpose for which
  the consumer requires
  them
  and which he made known to the trader
  at the time of the conclusion of the contract
  and which the trader has accepted;

| (b) | they are fit
  , in the absence of an agreement on their characteristics,
  for the purpose for which
  the parties to the contract intended
  them at the time of the conclusion of the contract
  , and |
| --- | --- |

(b)

they are fit
  , in the absence of an agreement on their characteristics,
  for the purpose for which
  the parties to the contract intended
  them at the time of the conclusion of the contract
  , and

Amendment 149

Proposal for a directive

Article 24 – paragraph 2 – points c and d

| (c) | they are fit for the purposes for which goods of the same type
  are
  normally used
  or |
| --- | --- |

(c)

they are fit for the purposes for which goods of the same type
  are
  normally used
  or

| (c) | they are fit for the purposes for which goods of the same type
  would
  normally
  be
  used
  and they show the quality and performance which are normal in goods of the same type, taking into account inter alia the purpose, the appearance, the durability and the finish, and which the consumer can reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the trader, the producer or his representative, particularly in advertising or on labelling
  . |
| --- | --- |

(c)

they are fit for the purposes for which goods of the same type
  would
  normally
  be
  used
  and they show the quality and performance which are normal in goods of the same type, taking into account inter alia the purpose, the appearance, the durability and the finish, and which the consumer can reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the trader, the producer or his representative, particularly in advertising or on labelling
  .

| (d) | they show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the trader, the producer or his representative, particularly in advertising or on labelling
  . |
| --- | --- |

(d)

they show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the trader, the producer or his representative, particularly in advertising or on labelling
  .

Amendment 151

Proposal for a directive

Article 24 – paragraph 4 – point b

| (b) | by the time of conclusion of the contract the statement had been corrected; |
| --- | --- |

(b)

by the time of conclusion of the contract the statement had been corrected;

| (b) | by the time of conclusion of the contract the statement had been corrected
  in due time and in a manner equivalent to that in which it was made or at least prominently in the contract document
  ; |
| --- | --- |

(b)

by the time of conclusion of the contract the statement had been corrected
  in due time and in a manner equivalent to that in which it was made or at least prominently in the contract document
  ;

Amendment 152

Proposal for a directive

Article 24 – paragraph 5

5.   Any lack of conformity resulting from the incorrect installation
  of the goods shall be considered as a lack of conformity of the goods
  where the installation forms part of the sales contract and the goods were installed by the trader or under his responsibility. The same shall apply equally if the goods, intended to be installed by the consumer, are installed by the consumer and the incorrect installation is due to a shortcoming in the installation instructions.

5.   
  The trader shall be liable for
  any lack of conformity
  arising as a result of the packaging or
  resulting from the incorrect installation where the installation forms part of the sales contract and the goods were installed by the trader or under his responsibility. The same shall apply equally if the goods, intended to be installed by the consumer, are installed by the consumer and the incorrect installation is due to a shortcoming in the installation instructions.

Amendment 153

Proposal for a directive

Article 26 – paragraph 1

1.   
  As provided for in paragraphs 2 to 5,
  where the goods do not conform to the contract, the consumer is entitled to:

1.   Where the goods do not conform to the contract, the consumer is entitled
  either
  to:

| (a) | have the lack of conformity remedied by repair or replacement, |
| --- | --- |

(a)

have the lack of conformity remedied by repair or replacement,

| (a) | have the lack of conformity remedied by repair or replacement
  in accordance with paragraphs 2, 3 and 5
  ,
  or |
| --- | --- |

(a)

have the lack of conformity remedied by repair or replacement
  in accordance with paragraphs 2, 3 and 5
  ,
  or

| (b) | have the price reduced, |
| --- | --- |

(b)

have the price reduced,

| (b) | a reasonable reduction in price or rescission of the contract in accordance with paragraphs 4, 5 and 5a. |
| --- | --- |

(b)

a reasonable reduction in price or rescission of the contract in accordance with paragraphs 4, 5 and 5a.

| (c) | have the contract rescinded. |
| --- | --- |

(c)

have the contract rescinded.

Amendment 154

Proposal for a directive

Article 26 – paragraph 2

2.   The trader
  shall remedy the lack of conformity by either
  repair or
  replacement according to his choice
  .

2.   The
  consumer may first require the
  trader
  to
  repair
  the goods
  or
  to replace them if such a remedy is not impossible or disproportionate
  .

Amendment 155

Proposal for a directive

Article 26 – paragraph 3

3.   
  Where the trader has proved that remedying the lack of conformity by repair or replacement is unlawful, impossible or would cause the trader a disproportionate effort, the consumer may choose to have the price reduced or the contract rescinded. A trader’s effort is
  disproportionate if it
  imposes
  costs on
  him
  which
  , in comparison with the price reduction or the rescission of the contract, are excessive, taking into account the value of the goods if there was no lack of conformity and the significance of the lack of conformity
  .

3.   
  Either of the remedies provided for in paragraph 2 shall be deemed
  disproportionate if it
  would impose
  costs on
  the trader,
  which
  would be unreasonable by comparison with the alternative remedy (repair or replacement):

The consumer may only rescind the contract if the lack of conformity is not minor.

| (a) | in the light of what would be the value of the goods if there were no lack of conformity
  , |
| --- | --- |

(a)

in the light of what would be the value of the goods if there were no lack of conformity
  ,

| (b) | taking into account the significance of the lack of conformity, |
| --- | --- |

(b)

taking into account the significance of the lack of conformity,

| (c) | upon consideration of the question as to whether use could be made of other remedies (repair or replacement) without significant inconvenience for the consumer. |
| --- | --- |

(c)

upon consideration of the question as to whether use could be made of other remedies (repair or replacement) without significant inconvenience for the consumer.

Repair or replacement shall take place within a reasonable time and without significant inconvenience for the consumer.

Amendment 156

Proposal for a directive

Article 26 – paragraph 4

4.   The consumer may
  resort to any remedy available under paragraph 1,
  where one of the following situations exists:

4.   
  Without prejudice to paragraph 5b,
  the consumer may
  insist on a reasonable reduction in price or rescission of the contract,
  where one of the following situations exists:

| (a) | the trader has implicitly or explicitly refused to remedy the lack of conformity
  ; |
| --- | --- |

(a)

the trader has implicitly or explicitly refused to remedy the lack of conformity
  ;

| (a) | the consumer is entitled neither to repair nor replacement
  ; |
| --- | --- |

(a)

the consumer is entitled neither to repair nor replacement
  ;

| (aa) | the trader has refused explicitly or by his conduct to remedy the lack of conformity; |
| --- | --- |

(aa)

the trader has refused explicitly or by his conduct to remedy the lack of conformity;

| (b) | the trader has failed to remedy the lack of conformity within a reasonable time; |
| --- | --- |

(b)

the trader has failed to remedy the lack of conformity within a reasonable time;

| (b) | the trader has failed to remedy the lack of conformity within a reasonable time; |
| --- | --- |

(b)

the trader has failed to remedy the lack of conformity within a reasonable time;

| (c) | the trader has
  tried to remedy
  the lack of conformity, causing significant inconvenience to the consumer; |
| --- | --- |

(c)

the trader has
  tried to remedy
  the lack of conformity, causing significant inconvenience to the consumer;

| (c) | the trader has
  remedied
  the lack of conformity, causing significant inconvenience to the consumer. |
| --- | --- |

(c)

the trader has
  remedied
  the lack of conformity, causing significant inconvenience to the consumer.

| (d) | the same defect has reappeared more than once within a short period of time. |
| --- | --- |

(d)

the same defect has reappeared more than once within a short period of time.

Amendment 158

Proposal for a directive

Article 26 – paragraph 5 a (new)

5a.
     
  The consumer shall not be entitled to have the contract rescinded if the lack of conformity is minor.

Amendment 159

Proposal for a directive

Article 26 – paragraph 5 b (new)

5b.
     
  Member States may adopt or maintain provisions of national law giving consumers, in the event of lack of conformity, the right for a short period to terminate the contract and receive a full reimbursement or a free choice from among the remedies referred to in paragraph 1, in order to ensure a higher level of consumer protection.

Amendment 160

Proposal for a directive

Article 27 – paragraph 2

2.   Without prejudice to the provisions of this Chapter, the consumer may claim damages for any loss not remedied in accordance with Article 26.

2.   
  In accordance with the provisions of applicable national law, and
  without prejudice to the provisions of this Chapter, the consumer may claim damages for any loss not remedied in accordance with Article 26.

Amendment 161

Proposal for a directive

Article 27 a (new)

Article 27a

Right of recourse

Where the trader, as final seller, is liable to the consumer because of a lack of conformity resulting from an act or omission by the producer, a previous seller in the same chain of contracts or any other intermediary, the trader, as final seller, may pursue remedies against the person or persons liable in the contractual chain. The person or persons liable against whom the trader, as final seller, may pursue remedies, together with the relevant actions and procedure, shall be determined by national law, in such a way as to ensure the effectiveness of that right.

A person established as being liable within the meaning of the first paragraph shall have the burden of proving an absence of responsibility for the lack of conformity, or that the remedy made by the final seller for the consumer was not in fact required.

Amendment 162

Proposal for a directive

Article 28 – paragraph 2

2.
     
  When the trader has remedied the lack of conformity by replacement, he shall be held liable under Article 25 where the lack of conformity becomes apparent within two years as from the time the consumer or a third party indicated by the consumer has acquired the material possession of the replaced goods.

deleted

Amendment 163

Proposal for a directive

Article 28 – paragraph 4

4.
     
  In order to benefit from his rights under Article 25, the consumer shall inform the trader of the lack of conformity within two months from the date on which he detected the lack of conformity.

deleted

Amendment 164

Proposal for a directive

Article 28 – paragraph 5 a (new)

5a.
     
  Member States may adopt or maintain provisions of national law providing for a longer liability period, a longer period for reversal of the burden of proof in the consumer’s favour or specific rules on significant lack of conformity which becomes apparent after the liability period, in order to ensure a higher level of consumer protection.

Amendment 165

Proposal for a directive

Article 28 a (new)

Article 28 a

Communication and contactability

The trader shall ensure that throughout the duration of a service contract, or, following the conclusion of a sales contract, until the time limit referred to in Article 28(1) for formal offers, notifications and questions by the consumer relating to rights and obligations under the service contract or sales contract has expired, he can be contacted under reasonable conditions. In particular, he shall ensure that formal offers by the consumer in respect of the contract reach him without delay and that the consumer is notified of their receipt immediately. The cost of receiving and dealing with formal offers, notifications and questions concerning the service contract or the sales contract by telephone may not be charged to the consumer; the right of the telecommunications service provider to charge for such calls shall not be affected.

Amendment 166

Proposal for a directive

Article 29 – paragraph 2 – introductory part

2.   The guarantee statement shall be drafted in plain intelligible language
  and
  be legible. It shall include the following:

2.   The guarantee statement shall be drafted in plain intelligible language
  ,
  be legible
  and in the same font size.
  It shall
  be written in the same language as the contract. The guarantee statement shall
  include the following:

Amendment 167

Proposal for a directive

Article 29 – paragraph 2 – points a, b and c

| (a) | legal rights of the consumer
  , as provided for in Article
  26 and a clear statement that those rights are not affected by the commercial guarantee, |
| --- | --- |

(a)

legal rights of the consumer
  , as provided for in Article
  26 and a clear statement that those rights are not affected by the commercial guarantee,

| (a) | legal rights of the consumer
  under Articles
  26
  and 28,
  and
  the provisions of applicable national law, as well as
  a clear statement that those rights are not affected by the commercial guarantee, |
| --- | --- |

(a)

legal rights of the consumer
  under Articles
  26
  and 28,
  and
  the provisions of applicable national law, as well as
  a clear statement that those rights are not affected by the commercial guarantee,

| (b) | set the contents of the commercial guarantee and the conditions for making claims, notably the duration, territorial scope and the name and address of the guarantor, |
| --- | --- |

(b)

set the contents of the commercial guarantee and the conditions for making claims, notably the duration, territorial scope and the name and address of the guarantor,

| (b) | set the contents of the commercial guarantee and the conditions for making claims, notably the duration, territorial scope and the name and address of the guarantor, |
| --- | --- |

(b)

set the contents of the commercial guarantee and the conditions for making claims, notably the duration, territorial scope and the name and address of the guarantor,

| (c) | without prejudice to Articles 32 and 35 and Annex III(1)(j), set out, where applicable,
  that the commercial guarantee
  cannot
  be transferred to a subsequent buyer. |
| --- | --- |

(c)

without prejudice to Articles 32 and 35 and Annex III(1)(j), set out, where applicable,
  that the commercial guarantee
  cannot
  be transferred to a subsequent buyer.

| (c) | the information
  that the commercial guarantee
  can
  be transferred to a subsequent buyer. |
| --- | --- |

(c)

the information
  that the commercial guarantee
  can
  be transferred to a subsequent buyer.

Amendment 168

Proposal for a directive

Article 29 – paragraph 3

3.   
  If the consumer so requests,
  the trader shall make the guarantee statement available in a durable medium.

3.   The trader shall make the guarantee statement available in a durable medium
  and, if so requested by the consumer, also on paper
  .

Amendment 169

Proposal for a directive

Article 30 – paragraph 1

1.   This Chapter shall apply to contract terms drafted in advance by the trader or a third party, which the consumer
  agreed
  to
  without having
  the
  possibility
  of
  influencing their content
  , in particular where such contract
  terms are
  part of a pre-formulated standard contract.

1.   This Chapter shall apply to contract terms drafted in advance by the trader or a third party, which
  have not been individually negotiated. A contract term shall always be regarded as not individually negotiated where it has been drafted in advance and
  the consumer
  has therefore not been able
  to
  influence
  the
  substance
  of
  the contract term
  , in particular where such contract
  term is
  part of a pre-formulated standard contract.

Amendment 170

Proposal for a directive

Article 30 – paragraph 2

2.   The fact that
  the consumer had the possibility of influencing
  the content of certain aspects of a contract term or one specific term, shall not exclude the application of this Chapter to other contract terms which form part of the contract.

2.   The fact that the content of certain aspects of a contract term or one specific term
  have been individually negotiated
  , shall not exclude the application of this Chapter to other contract terms which form part of the contract.

Amendment 171

Proposal for a directive

Article 30 – paragraph 3

3.   This Chapter shall not apply to contract terms reflecting
  mandatory
  statutory or
  regulatory
  provisions, which comply with
  Community
  law and the provisions or principles of international conventions to which the
  Community
  or the Member States are party.

3.   This Chapter shall not apply to contract terms reflecting statutory
  , regulatory
  or
  public policy
  provisions, which comply with
  Union
  law and the provisions or principles of international conventions to which the
  Union
  or the Member States are party.

Amendment 172

Proposal for a directive

Article 30 a (new)

Article 30a

Degree of harmonisation

Unless otherwise provided, Member States shall not maintain or introduce, in their national law, provisions diverging from those laid down in this Chapter, including more or less stringent provisions to ensure a different level of consumer protection.

Amendment 173

Proposal for a directive

Article 31 – paragraph 1

1.   Contract terms shall be expressed in plain, intelligible language and be legible.

1.   
  All
  contract terms shall be expressed
  in a clear and comprehensible manner. If a contract term is in writing, it shall always be drafted
  in plain, intelligible language and be legible.

Amendment 174

Proposal for a directive

Article 31 – paragraph 4

4.   Member States shall refrain from imposing any
  presentational
  requirements
  as to the way
  the contract terms
  are expressed or made available to the consumer.

4.   Member States shall refrain from imposing any requirements
  on
  the
  presentation of
  contract terms
  , except for presentational requirements in relation to persons with disabilities, or where the goods or services may present a particular risk to the health and safety of the consumer or a third person, or in respect of specific goods or services where there is evidence that demonstrates consumer detriment.

Amendment 175

Proposal for a directive

Article 32 – paragraph 2

2.   Without prejudice to Articles 34 and 38, the unfairness of a contract term shall be assessed, taking into account the nature of the products for which the contract was concluded and by referring, at the time of the conclusion of the contract, to all the circumstances attending the conclusion and to all the other terms of the contract or of another contract on which the former is dependent
  . When assessing the fairness of a contract term, the competent national authority shall also take into account the manner in which the contract was drafted and communicated to the consumer by the trader in accordance with Article 31
  .

2.   Without prejudice to Articles 34 and 38, the unfairness of a contract term shall be assessed, taking into account the nature of the products for which the contract was concluded and by referring, at the time of the conclusion of the contract, to all the circumstances attending the conclusion and to all the other terms of the contract or of another contract on which the former is dependent.

Amendment 176

Proposal for a directive

Article 32 – paragraph 2 a (new)

2a.
     
  When assessing the fairness of a contract term, the competent national authority shall also take into account the manner in which the contract was drafted and communicated to the consumer by the trader in accordance with Article 31(1) and (2). A term which has been supplied by the trader in breach of the duty of transparency imposed by Article 31(1) and (2) may on that ground alone be considered unfair.

Amendment 177

Proposal for a directive

Article 32 – paragraph 3

3.   Paragraphs
  1 and 2
  shall not apply to the assessment of the main subject matter of the contract or to the adequacy of the remuneration foreseen for the trader’s main contractual obligation, provided that the trader fully complies with Article
  31
  .

3.   Paragraphs
  1, 2, and 2a of this Article
  shall not apply to the assessment of the main subject matter of the contract or to the adequacy of the remuneration foreseen for the trader’s main contractual obligation, provided that the trader fully complies with Article
  31(1), (2) and (3)
  .

Amendment 178

Proposal for a directive

Article 33

Where the trader claims that a contract term has been individually negotiated, the burden of proof shall be incumbent on him.

Where the trader claims that a contract term has been individually negotiated, or that a contract term is compliant with the transparency requirements laid down in Article 31(1) and 31(2),
  the burden of proof shall be incumbent on him.

Amendment 179

Proposal for a directive

Article 34

Member States shall ensure that contract terms, as set out in the list in Annex II, are considered unfair in all circumstances.
  That list of contract terms shall apply in all Member States and may only be amended in accordance with Articles 39(2) and 40.

1
  .   Member States shall ensure that contract terms, as set out in the list in Annex II, are considered unfair in all circumstances.

2.
     
  Member States may provide in their national legislation for additional contract terms considered unfair in all circumstances. Member States shall notify to the Commission the contract terms referred to in paragraph 1.

The Commission shall make that information public in an easily accessible way.

Amendment 180

Proposal for a directive

Article 35

Member States shall ensure that contract terms, as set out in the list in point 1 of Annex III, are considered unfair, unless the trader has proved that such contract terms are fair in accordance with Article 32.
  That list of contract terms shall apply in all Member States and may only be amended in accordance with Articles 39(2) and 40.

1.
     Member States shall ensure that contract terms, as set out in the list point 1 of Annex III, are considered unfair, unless the trader has proved that such contract terms are fair in accordance with Article 32.

2.
     
  Member States may provide in their national legislation for additional contract terms presumed to be unfair. Member States shall notify to the Commission the contract terms referred to in paragraph 1.

The Commission shall make that information public in an easily accessible way.

Amendment 181

Proposal for a directive

Article 37

Contract terms which are unfair shall not be binding on the consumer. The contract shall continue to bind the parties if it can remain in force without the unfair terms.

Contract terms which are unfair
  under this Directive
  shall not be binding on the consumer
  in accordance with national law
  . The contract shall continue to bind the parties if it can remain in force without the unfair terms.

Amendment 182

Proposal for a directive

Article 38 – paragraph 1

1.   Member States shall ensure that, in the interests of consumers and competitors, adequate and effective means exist to prevent the
  continued
  use of unfair terms in contracts concluded with consumers by traders.

1.   Member States shall ensure that, in the interests of consumers and competitors, adequate and effective means exist to prevent the use of unfair terms in contracts concluded with consumers by traders.

Amendment 184

Proposal for a directive

Article 39

Article 39

Review of the terms in Annexes 2 and 3

1.
     
  Member States shall notify to the Commission the terms which have been found unfair by the competent national authorities and which they deem to be relevant for the purpose of amending this Directive as provided for by paragraph 2.

2.
     
  In the light of the notifications received under paragraph 1, the Commission shall amend Annex II and III. Those measures designed to amend non essential elements of this Directive shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 40(2).

deleted

Amendment 185

Proposal for a directive

Article 40

Article 40

The Committee

1.
     
  The Commission shall be assisted by the Committee on unfair terms in consumer contracts (hereinafter referred to as ‘the Committee’).

2.
     
  Where reference is made to this paragraph, Article 5a(1) to (4), and Article 7 of Decision 1999/468/EC1 shall apply, having regard to the provisions of Article 8 thereof.

deleted

Amendment 186

Proposal for a directive

Article 41 – paragraph 1

1.   Member States shall ensure that adequate and effective means exist to ensure compliance with this Directive.

1.   Member States
  and the Commission
  shall ensure that adequate and effective means exist to ensure compliance with
  consumer rights as provided for in
  this Directive.

Amendment 187

Proposal for a directive

Article 44

Member States shall take appropriate measures to inform consumers of the national provisions transposing this Directive and shall, where appropriate, encourage traders and code owners to inform consumers of their codes of conduct.

Member States
  and the Commission
  shall take appropriate measures to inform consumers
  and traders, especially via information and communication technology tools and public media,
  of the national provisions transposing this Directive and shall, where appropriate, encourage traders and code owners to inform consumers of their codes of conduct.

Amendment 188

Proposal for a directive

Article 45

The consumer shall be exempted from the provision of any consideration in cases of unsolicited supply of
  a product as
  prohibited
  by
  Article 5(5) and point 29 of Annex I of Directive 2005/29/EC. The absence of a response from the consumer following such an unsolicited supply shall not constitute consent.

The consumer shall be exempted from the provision of any consideration in cases of unsolicited supply of
  goods or provision of a service
  prohibited
  pursuant to
  Article 5(5) and point 29 of Annex I of Directive 2005/29/EC.
  In such cases,
  the absence of a response from the consumer following such an unsolicited supply shall not constitute consent.

Amendment 189

Proposal for a directive

Article 46 – paragraph 2

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.

deleted

Amendment 190

Proposal for a directive

Article 46 a (new)

Article 46a

Reporting and mutual evaluation by Member States

1.
     
  By [the end of the transposition period], and every three years thereafter, Member States shall draw up a report containing the following information:

| (a) | the text of any additional pre-contractual information requirements which Member States adopt or maintain pursuant to Article 9(5) and (6); |
| --- | --- |

(a)

the text of any additional pre-contractual information requirements which Member States adopt or maintain pursuant to Article 9(5) and (6);

| (b) | the text of any diverging provisions of national law which Member States adopt or maintain pursuant to Article 12(4) and Article 13(2); |
| --- | --- |

(b)

the text of any diverging provisions of national law which Member States adopt or maintain pursuant to Article 12(4) and Article 13(2);

| (c) | the text of any diverging provisions of national law which Member States adopt or maintain pursuant to Article 22(2a); |
| --- | --- |

(c)

the text of any diverging provisions of national law which Member States adopt or maintain pursuant to Article 22(2a);

| (d) | the text of any diverging provisions of national law which Member States adopt or maintain pursuant to Article 26(5b) and Article 28(5a); |
| --- | --- |

(d)

the text of any diverging provisions of national law which Member States adopt or maintain pursuant to Article 26(5b) and Article 28(5a);

| (e) | the text of any additional contract terms designated by Member States, pursuant to Article 34(1a), as unfair in all circumstances; |
| --- | --- |

(e)

the text of any additional contract terms designated by Member States, pursuant to Article 34(1a), as unfair in all circumstances;

| (f) | the text of any additional contract terms designated by Member States, pursuant to Article 35(1a), as terms presumed to be unfair; |
| --- | --- |

(f)

the text of any additional contract terms designated by Member States, pursuant to Article 35(1a), as terms presumed to be unfair;

| (g) | the text of any decisions of fundamental importance – together with the grounds for them – taken by Member States’ courts, arbitration bodies or competent administrative authorities in the field covered by this Directive. |
| --- | --- |

(g)

the text of any decisions of fundamental importance – together with the grounds for them – taken by Member States’ courts, arbitration bodies or competent administrative authorities in the field covered by this Directive.

2.
     
  The report referred to in paragraph 1 shall be submitted to the Commission. With regard to the information referred to in points (a) to (e) of paragraph 1, Member States shall explain why diverging provisions of national law are appropriate and proportionate with a view to attaining the purpose of the Directive.

3.
     
  The Commission shall ensure that the information referred to in points (d) and (e) of paragraph 1 is easily accessible to consumers and traders, inter alia on a dedicated website set up and maintained by the Commission.

4.
     
  The Commission shall forward the reports provided for in paragraph 1 to the other Member States and the European Parliament, which shall submit their observations on each of the reports within six months of receipt. Within the same period, the Commission shall consult stakeholders on those reports.

Amendment 191

Proposal for a directive

Article 46 b (new)

Article 46b

Reporting by consumer protection agents

Persons or organisations having a legitimate interest under national law in protecting consumers, within the meaning of Article 38(2), shall notify the Commission of the conclusions they have reached from the assessment of the application and impact of this Directive on consumer rights and the functioning of the internal market.

Amendment 192

Proposal for a directive

Article 46 c (new)

Article 46c

Reporting by the Commission and review

By [one year after transposition period], and every three years thereafter, the Commission shall submit a report on the application of this Directive to the European Parliament and the Council, taking account of the information gathered pursuant to Article 46a(4) and Article 46b. The report shall be accompanied, where necessary, by legislative proposals to adapt this Directive to developments in the field of consumer rights.

Amendment 193

Proposal for a directive

Article -47 (new)

Directive 2002/65/EC

Article -47

Amendment of Directive 2002/65/EC

Point (a) of Article 2 of Directive 2002/65/EC shall be replaced by the following:

| ‘(a) | “distance contract” means any contract for the supply of a good or the provision of a service concluded between a trader and a consumer under an organised distance sales or service-provision scheme where the trader and the consumer are not simultaneously physically present for the conclusion of the contract, but, rather, make exclusive use of one or more means of distance communication;.’. |
| --- | --- |

‘(a)

“distance contract” means any contract for the supply of a good or the provision of a service concluded between a trader and a consumer under an organised distance sales or service-provision scheme where the trader and the consumer are not simultaneously physically present for the conclusion of the contract, but, rather, make exclusive use of one or more means of distance communication;.’.

Amendment 194

Proposal for a directive

Article 47 – paragraph 1

Directives 85/577/EEC 93/13/EEC and 97/7/EC and Directive 1999/44/EC, as amended by the Directives listed in Annex IV, are repealed.

Directives 85/577/EEC 93/13/EEC and 97/7/EC and Directive 1999/44/EC, as amended by the Directives listed in Annex IV, are repealed
  as of [date of transposition]
  .

Amendment 195

Proposal for a directive

Article 48

Article 48

Review

The Commission shall review this Directive and report to the European Parliament and the Council no later than [insert same date as in the second subparagraph of Article 46(1) +five years].

If necessary, it shall make proposals to adapt it to developments in the area. The Commission may request information from the Member States.

deleted

Amendment 196

Proposal for a directive

Article 48 a (new)

Article 48a

The Commission shall consider adopting a proposal for a regulation on distance and off-premises contracts, from which transport and health services will be exempted.

Amendment 197

Proposal for a directive

Annex I – part A

1.

| 1. | The name, geographical address and the email address of the trader to whom the withdrawal form must be sent. |
| --- | --- |

Right of withdrawal

| 2. | A statement that the consumer has a right to withdraw from the contract and that this right can be exercised by sending the withdrawal form below on a durable medium to the trader referred to in paragraph 1: |
| --- | --- |

2.

You may withdraw on a durable medium from this contract within a period of 14 days without giving any reason [or – if the goods are delivered to you before the expiry of this period – by returning the goods].

| (a) | for off-premises contracts, within a period of fourteen days following his signature of the order form; |
| --- | --- |

(a)

for off-premises contracts, within a period of fourteen days following his signature of the order form;

The period for withdrawal shall begin [on receipt of the goods ordered] (1). The day [on which the goods are received] (2) shall not be counted as part of the period for withdrawal. If the last day of the period for withdrawal falls on a public holiday, a Saturday or a Sunday, the period shall end on the first working day thereafter.

The period for withdrawal shall be deemed to have been observed if your notice of withdrawal is sent, or the goods are sent, before its expiry. The sending of either the notice of withdrawal or the goods before the expiry of the withdrawal period must be provable (for example in the form of a postal receipt).

| (b) | for distance sales contracts, within a period of fourteen days following the material possession of the goods by the consumer or a third party, other than the carrier and indicated by the consumer; |
| --- | --- |

(b)

for distance sales contracts, within a period of fourteen days following the material possession of the goods by the consumer or a third party, other than the carrier and indicated by the consumer;

Notice of withdrawal should be sent on a durable medium (for example in the form of a posted letter) (3) to: (4). The consumer may use the form below, but it is not obligatory.

| (c) | for distance service contracts: |
| --- | --- |

(c)

for distance service contracts:

Effects of withdrawal

| — | within a period of fourteen days following the conclusion of the contract, where the consumer has not given his prior express consent for the performance of the contract to begin before the end of this fourteen day period; |
| --- | --- |

—

within a period of fourteen days following the conclusion of the contract, where the consumer has not given his prior express consent for the performance of the contract to begin before the end of this fourteen day period;

For withdrawal to be valid you must send the goods back, at [our expense](5), within a period of 14 days of sending your notice of withdrawal. The period for reimbursement shall begin when we receive your notice of withdrawal or the goods. The day on which we receive the notice of withdrawal shall not be counted as part of the period for reimbursement. If the last day of this period falls on a public holiday, a Saturday or a Sunday, the period shall end on the first working day thereafter.

| — | within a period ending when the performance of the contract begins, where the consumer has given his prior express consent for the performance of the contract to begin before the end of the fourteen day period. |
| --- | --- |

—

within a period ending when the performance of the contract begins, where the consumer has given his prior express consent for the performance of the contract to begin before the end of the fourteen day period.

If you are unable to return the goods in their original condition, you shall be liable for any diminished value of the goods. This provision shall apply only if the deterioration in value is attributable to the goods having been handled in a manner other than that necessary for ascertaining their nature and how they function. You can prevent deterioration by refraining from using the goods as you would your own property and by avoiding any form of handling liable to reduce their value.

| 3. | For all sales contracts, a statement informing the consumer about the time-limits and modalities to send back the goods to the trader and the conditions for the reimbursement in accordance with Articles 16 and 17(2). |
| --- | --- |

3.

In the case of valid withdrawal, we must reimburse within a period of 14 days any payment you have made to us. The period for reimbursement shall begin when we receive your notice of withdrawal. The day on which we receive the notice of withdrawal shall not be counted as part of the period for reimbursement. If the last day of this period falls on a public holiday, a Saturday or a Sunday, the period shall end on the first working day thereafter.

| 4. | For distance contracts concluded on the Internet, a statement that the consumer can electronically fill in and submit the standard withdrawal form on the trader’s website and that he will receive an acknowledgement of receipt of such a withdrawal from the trader by email without delay. |
| --- | --- |

4.

We may make reimbursement subject to the condition that we have received the returned goods.

| 5. | A statement that the consumer can use the withdrawal form set out in Part B. |
| --- | --- |

5.

Advice on alternative wording:

| (1) | In the following specific cases, the text in parentheses should read as indicated: |
| --- | --- |

(1)

In the following specific cases, the text in parentheses should read as indicated:

in the case of distance or off-premises contracts for the supply of services: ‘from the day of the conclusion of the contract or on the day on which you received a copy of the signed contract on a durable medium if this is not the day of conclusion of the contract’.

| (2) | In the following specific cases, the text in parentheses should read as indicated: |
| --- | --- |

(2)

In the following specific cases, the text in parentheses should read as indicated:

in the case of distance or off-premises contracts for the supply of services: ‘the conclusion of the contract or on the day on which you received a copy of the signed contract on a durable medium, if this is not the day of conclusion of the contract’.

| (3) | In the case of distance contracts, additional text should be inserted as follows: |
| --- | --- |

(3)

In the case of distance contracts, additional text should be inserted as follows:

| (a) | if the trader allows the consumer to withdraw from the contract by e-mail: ‘or by e-mail’; |
| --- | --- |

(a)

if the trader allows the consumer to withdraw from the contract by e-mail: ‘or by e-mail’;

| (b) | if the trader allows the consumer to fill in a model form electronically on a website: ‘or via our website’. |
| --- | --- |

(b)

if the trader allows the consumer to fill in a model form electronically on a website: ‘or via our website’.

| (4) | To be inserted: the trader’s name and business address. In the case of distance contracts, the following must also be indicated: the e-mail and/or web address of the trader which the consumer can use to withdraw from the contract. |
| --- | --- |

(4)

To be inserted: the trader’s name and business address. In the case of distance contracts, the following must also be indicated: the e-mail and/or web address of the trader which the consumer can use to withdraw from the contract.

| (5) | If the price of the goods to be returned is not more than EUR 40, the text in parentheses should read as follows: ‘at your own expense’. |
| --- | --- |

(5)

If the price of the goods to be returned is not more than EUR 40, the text in parentheses should read as follows: ‘at your own expense’.

Amendment 198

Proposal for a directive

Annex I – part B

(complete and return this form only if you wish to withdraw from the contract)

To:

To:
  (trader’s name, business address and, where appropriate, e-mail address)(*)

I/We
  *
  hereby give notice that I/We
  *
  withdraw from my/our
  *
  contract of sale of the following goods*/provision of the following service
  *

I/We** hereby give notice that I/We** withdraw from my/our** contract of sale of the following goods**/provision of the following service**

Ordered on
  */received on*

Ordered on
  (***):

Name
  of consumer(s)

Name(s)
  of consumer(s)
  (***):

Address
  of consumer(s)

Address(es)
  of consumer(s)
  (***):

Signature of consumer(s) (
  only if
  this
  form
  is notified in writing)

Consumer(s)’ signature(s) (required
  only if
  the
  form
  is sent on paper) (***):

Date

Date
  (***):

| * | Delete as appropriate. |
| --- | --- |

*

| (*) | To be filled in by the trader before providing the form to the consumer |
| --- | --- |

(*)

| (**) | Delete where non-applicable. |
| --- | --- |

(**)

| (***) | To be filled in by the consumer(s). |
| --- | --- |

(***)

Amendment 199

Proposal for a directive

Annex II – paragraph 1 – point a a (new)

| (aa) | excluding or limiting the liability of the trader for damage on the property of the consumer caused deliberately or as a result of gross negligence through an act or omission by the trader; |
| --- | --- |

(aa)

excluding or limiting the liability of the trader for damage on the property of the consumer caused deliberately or as a result of gross negligence through an act or omission by the trader;

Amendment 201

Proposal for a directive

Annex II – paragraph 1 – point c a (new)

| (ca) | conferring exclusive jurisdiction for all disputes arising under the contract to the place where the trader is domiciled unless the chosen court is also the court for the place where the consumer is domiciled; |
| --- | --- |

(ca)

conferring exclusive jurisdiction for all disputes arising under the contract to the place where the trader is domiciled unless the chosen court is also the court for the place where the consumer is domiciled;

Amendment 202

Proposal for a directive

Annex III – paragraph 1 – point a a (new)

| (aa) | makes binding on the consumer an obligation which is subject to a condition the fulfilment of which depends solely on the intention of the trader; |
| --- | --- |

(aa)

makes binding on the consumer an obligation which is subject to a condition the fulfilment of which depends solely on the intention of the trader;

Amendment 203

Proposal for a directive

Annex III – paragraph 1 – point c a (new)

| (ca) | requiring a consumer to purchase ancillary goods or services not advertised in the price of the main contract; |
| --- | --- |

(ca)

requiring a consumer to purchase ancillary goods or services not advertised in the price of the main contract;

Amendment 204

Proposal for a directive

Annex III – paragraph 1 – point c b (new)

| (cb) | applying contingent charges, such as penalties for breaching the contract terms, that are clearly disproportionate to the costs incurred by the trader due to the breach of terms; |
| --- | --- |

(cb)

applying contingent charges, such as penalties for breaching the contract terms, that are clearly disproportionate to the costs incurred by the trader due to the breach of terms;

Amendment 205

Proposal for a directive

Annex III – paragraph 1 – point d a (new)

| (da) | excluding or hindering the consumer’s right to instruct and authorise a third party to conclude a contract between the consumer and the trader and/or to take steps which are meant to lead to, or facilitate, the conclusion of a contract between the consumer and the trader. |
| --- | --- |

(da)

excluding or hindering the consumer’s right to instruct and authorise a third party to conclude a contract between the consumer and the trader and/or to take steps which are meant to lead to, or facilitate, the conclusion of a contract between the consumer and the trader.

Amendment 206

Proposal for a directive

Annex III – paragraph 1 – point e

| (e) | enabling the trader to terminate
  an open-ended contract
  without reasonable notice except where
  the consumer has committed a
  serious
  breach of contract
  ; |
| --- | --- |

(e)

enabling the trader to terminate
  an open-ended contract
  without reasonable notice except where
  the consumer has committed a
  serious
  breach of contract
  ;

| (e) | enabling the trader to terminate
  a contract of indeterminate duration
  without reasonable notice
  ,
  except where
  there are
  serious
  grounds for doing so
  ;
  this does not affect terms in financial services contracts where there is a valid reason, provided the supplier is required to inform the other contracting party thereof immediately; |
| --- | --- |

(e)

enabling the trader to terminate
  a contract of indeterminate duration
  without reasonable notice
  ,
  except where
  there are
  serious
  grounds for doing so
  ;
  this does not affect terms in financial services contracts where there is a valid reason, provided the supplier is required to inform the other contracting party thereof immediately;

Amendment 207

Proposal for a directive

Annex III – paragraph 1 – point g

| (g) | allowing the trader to increase the price agreed with the consumer when the contract was concluded without giving the consumer the right to terminate the contract; |
| --- | --- |

(g)

allowing the trader to increase the price agreed with the consumer when the contract was concluded without giving the consumer the right to terminate the contract;

| (g) | providing that the price of goods or other assets is to be determined at the time of delivery or supply or
  allowing the trader to increase the price agreed with the consumer when the contract was concluded without giving the consumer the right to terminate the contract
  if the increased price is too high in relation to the price agreed at the conclusion of the contract
  ;
  this does not affect price-indexation clauses, where lawful, provided that the method by which prices vary is explicitly described; |
| --- | --- |

(g)

providing that the price of goods or other assets is to be determined at the time of delivery or supply or
  allowing the trader to increase the price agreed with the consumer when the contract was concluded without giving the consumer the right to terminate the contract
  if the increased price is too high in relation to the price agreed at the conclusion of the contract
  ;
  this does not affect price-indexation clauses, where lawful, provided that the method by which prices vary is explicitly described;

Amendment 208

Proposal for a directive

Annex III – paragraph 1 – point k

| (k) | enabling the trader to unilaterally alter the terms of the contract including the characteristics of the product or service; |
| --- | --- |

(k)

enabling the trader to unilaterally alter the terms of the contract including the characteristics of the product or service;

| (k) | enabling the trader to unilaterally alter the terms of the contract including the characteristics of the product or service
  without a valid reason which is specified in the contract
  ;
  this does not affect terms under which a supplier of financial services reserves the right to change the rate of interest to be paid by, or to, the consumer, or the amount of other charges for financial services without notice where there is a valid reason, provided that the supplier is required to inform the consumer at the earliest opportunity and that the consumer is free to terminate the contractual relationship with immediate effect; neither does it affect terms under which a trader reserves the right to alter unilaterally the conditions of a contract of indeterminate duration, provided that the trader is required to inform the consumer with reasonable notice, and that the consumer is free to terminate the contractual relationship; |
| --- | --- |

(k)

enabling the trader to unilaterally alter the terms of the contract including the characteristics of the product or service
  without a valid reason which is specified in the contract
  ;
  this does not affect terms under which a supplier of financial services reserves the right to change the rate of interest to be paid by, or to, the consumer, or the amount of other charges for financial services without notice where there is a valid reason, provided that the supplier is required to inform the consumer at the earliest opportunity and that the consumer is free to terminate the contractual relationship with immediate effect; neither does it affect terms under which a trader reserves the right to alter unilaterally the conditions of a contract of indeterminate duration, provided that the trader is required to inform the consumer with reasonable notice, and that the consumer is free to terminate the contractual relationship;

Amendment 209

Proposal for a directive

Annex III – paragraph 1 – point l a (new)

| (la) | allowing a trader, where what has been ordered is unavailable, to supply an equivalent without having expressly informed the consumer of this possibility and of the fact that the trader must bear the cost of returning what the consumer has received under the contract if the consumer exercises a right to withdraw. |
| --- | --- |

(la)

allowing a trader, where what has been ordered is unavailable, to supply an equivalent without having expressly informed the consumer of this possibility and of the fact that the trader must bear the cost of returning what the consumer has received under the contract if the consumer exercises a right to withdraw.

Amendment 210

Proposal for a directive

Annex III – paragraph 2

| 2. | Point 1(e) shall not apply to terms by which a supplier of financial service reserves the right to terminate unilaterally an open-ended contract without notice, provided that the supplier is required to inform the other contracting party or parties thereof immediately. |
| --- | --- |

2.

deleted

Amendment 211

Proposal for a directive

Annex III – paragraph 3 – point c a (new)

| (ca) | package travel contracts regulated by Directive e 90/314/EEC. |
| --- | --- |

(ca)

package travel contracts regulated by Directive e 90/314/EEC.

Amendment 212

Proposal for a directive

Annex III – paragraph 4 – introductory part

| 4. | Point 1(k) shall not apply to |
| --- | --- |

4.

Point 1(k) shall not apply to

| 4. | Point 1(
  e), (g) and
  (k) shall not apply to |
| --- | --- |

4.

Point 1(
  e), (g) and
  (k) shall not apply to

Amendment 213

Proposal for a directive

Annex III – paragraph 4 – point a

| (a) | terms under which a supplier of financial services reserves the right to alter the rate of interest payable by the consumer or due to the latter, or the amount of other charges for financial services without notice where there is a valid reason, provided that the supplier is required to inform the other contracting party or parties thereof at the earliest opportunity and that the latter are free to dissolve the contract immediately; |
| --- | --- |

(a)

terms under which a supplier of financial services reserves the right to alter the rate of interest payable by the consumer or due to the latter, or the amount of other charges for financial services without notice where there is a valid reason, provided that the supplier is required to inform the other contracting party or parties thereof at the earliest opportunity and that the latter are free to dissolve the contract immediately;

deleted

Amendment 214

Proposal for a directive

Annex III – paragraph 4 – point b

| (b) | transactions in transferable securities, financial instruments and other products or services where the price is linked to fluctuations in a stock exchange quotation or index or a financial market rate that the trader does not control; |
| --- | --- |

(b)

transactions in transferable securities, financial instruments and other products or services where the price is linked to fluctuations in a stock exchange quotation or index or a financial market rate that the trader does not control;

deleted

Amendment 215

Proposal for a directive

Annex III – paragraph 4 – point d

| (d) | terms under which the trader reserves the right to alter unilaterally the conditions of an open-ended contract, provided that he is required to inform the consumer with reasonable notice and that the consumer is free to terminate the contract. |
| --- | --- |

(d)

terms under which the trader reserves the right to alter unilaterally the conditions of an open-ended contract, provided that he is required to inform the consumer with reasonable notice and that the consumer is free to terminate the contract.

deleted

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(1)  The matter was then referred back to committee pursuant to Rule 57(2), second subparagraph (A7-0038/2011).

(2)  

  OJ L 271, 9.10.2002, p. 16.

(3)  

  OJ L 158, 23.6.1990, p. 59.

(4)  

  OJ L 33, 3.2.2009, p. 10.

(5)  

  OJ L 124, 8.6.1971, p. 1.

(6)  

  OJ L 376, 27.12.2006, p. 36.

(7)  

  OJ L 178, 17.7.2000, p. 1.

(8)  

  OJ L 319, 5.12.2007, p. 1.

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| 17.8.2012 | EN | Official Journal of the European Union | CE 247/113 |
| --- | --- | --- | --- |

17.8.2012

EN

Official Journal of the European Union

CE 247/113

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Thursday 24 March 2011European Network and Information Security Agency ***I

P7_TA(2011)0117

European Parliament legislative resolution of 24 March 2011 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 460/2004 establishing the European Network and Information Security Agency as regards its duration (COM(2010)0520 – C7-0297/2010 – 2010/0274(COD))

2012/C 247 E/17

(Ordinary legislative procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2010)0520), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2010)0520),

| — | 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 (C7-0297/2010), |
| --- | --- |

—

having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0297/2010),

| — | having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

| — | having regard to the opinion of the European Economic and Social Committee of 8 December 2010 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 8 December 2010 (1),

| — | having regard to Rule 55 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on Industry, Research and Energy (A7-0039/2011), |
| --- | --- |

—

having regard to the report of the Committee on Industry, Research and Energy (A7-0039/2011),

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

1.

Adopts its position at first reading hereinafter set out;

| 2. | Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text; |
| --- | --- |

2.

Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

| 3. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

3.

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

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(1)  OJ C 54, 19.2.2011, p. 35.

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Thursday 24 March 2011P7_TC1-COD(2010)0274

Position of the European Parliament adopted at first reading on 24 March 2011 with a view to the adoption of Regulation (EU) No .../2011 of the European Parliament and of the Council amending Regulation (EC) No 460/2004 establishing the European Network and Information Security Agency as regards its duration

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 580/2011.)

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