# Official Journal C 440/30 D

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 440 |
| | |
| English edition | Information and Notices | Volume 5830 December 2015 |

ISSN 1977-091X

Official Journal

of the European Union

C 440

English edition

Information and Notices

Volume 5830 December 2015

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| Notice No | Contents | page |
| --- | --- | --- |
| | |
| | EUROPEAN PARLIAMENT
  2012-2013 SESSIONSittings of 14 to 17 January 2013
  The Minutes of this session have been published in OJ C 92 E, 28.3.2013 .
  TEXTS ADOPTED | 1 |

Notice No

Contents

page

EUROPEAN PARLIAMENT
  2012-2013 SESSIONSittings of 14 to 17 January 2013
  The Minutes of this session have been published in OJ C 92 E, 28.3.2013 .
  TEXTS ADOPTED

EUROPEAN PARLIAMENT

The Minutes of this session have been published in OJ C 92 E, 28.3.2013 .

1

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| | I   Resolutions, recommendations and opinions |
| --- | --- |
| | RESOLUTIONS |
| | European Parliament |
| | Tuesday 15 January 2013 |
| 2015/C 440/01 | European Parliament resolution of 15 January 2013 on urban re-development as contribution to economic growth in the framework of the EU Cohesion Policy (2011/2311(INI)) | 2 |
| 2015/C 440/02 | European Parliament resolution of 15 January 2013 on optimising the role of territorial development in cohesion policy (2011/2312(INI)) | 6 |
| 2015/C 440/03 | European Parliament resolution of 15 January 2013 on the European Union Solidarity Fund, implementation and application (2012/2075(INI)) | 13 |
| 2015/C 440/04 | European Parliament resolution of 15 January 2013 with recommendations to the Commission on a Law of Administrative Procedure of the European Union (2012/2024(INL)) | 17 |
| 2015/C 440/05 | European Parliament resolution of 15 January 2013 with recommendations to the Commission on information and consultation of workers, anticipation and management of restructuring (2012/2061(INL)) | 23 |
| 2015/C 440/06 | European Parliament resolution of 15 January 2013 on EU Strategy for the Horn of Africa (2012/2026(INI)) | 38 |
| 2015/C 440/07 | European Parliament resolution of 15 January 2013 on development aspects of intellectual property rights on genetic resources: the impact on poverty reduction in developing countries (2012/2135(INI)) | 55 |
| | Wednesday 16 January 2013 |
| 2015/C 440/08 | European Parliament resolution of 16 January 2013 on Public Finances in EMU — 2011 and 2012 (2011/2274(INI)) | 62 |
| 2015/C 440/09 | European Parliament resolution of 16 January 2013 on a Youth Guarantee (2012/2901(RSP)) | 67 |
| 2015/C 440/10 | European Parliament resolution of 16 January 2013 on the role of EU cohesion policy and its actors in implementing the new European energy policy (2012/2099(INI)) | 69 |
| 2015/C 440/11 | European Parliament resolution of 16 January 2013 on the feasibility of introducing Stability Bonds (2012/2028(INI)) | 74 |
| | Thursday 17 January 2013 |
| 2015/C 440/12 | European Parliament resolution of 17 January 2013 on the EU-Iraq Partnership and Cooperation Agreement (2012/2850(RSP)) | 83 |
| 2015/C 440/13 | European Parliament resolution of 17 January 2013 on the implementation of the Interim Economic Partnership Agreement (IEPA) between the European Community and the Eastern and Southern Africa States, in the light of the current situation in Zimbabwe (2013/2515(RSP)) | 89 |
| 2015/C 440/14 | European Parliament resolution of 17 January 2013 on state aid modernisation (2012/2920(RSP)) | 92 |
| 2015/C 440/15 | European Parliament resolution of 17 January 2013 on recent casualties in textile factory fires, notably in Bangladesh (2012/2908(RSP)) | 94 |
| 2015/C 440/16 | European Parliament resolution of 17 January 2013 on the Recommendations of the Non-Proliferation Treaty Review Conference regarding the establishment of a Middle East free of weapons of mass destruction (2012/2890(RSP)) | 97 |
| 2015/C 440/17 | European Parliament resolution of 17 January 2013 on the indication of country of origin for certain products entering the EU from third countries (2012/2923(RSP)) | 100 |
| 2015/C 440/18 | European Parliament resolution of 17 January 2013 on trade negotiations between the EU and Mercosur (2012/2924(RSP)) | 101 |
| 2015/C 440/19 | European Parliament resolution of 17 January 2013 on violence against women in India (2013/2512(RSP)) | 103 |
| 2015/C 440/20 | European Parliament resolution of 17 January 2013 on the human rights situation in Bahrain (2013/2513(RSP)) | 107 |
| 2015/C 440/21 | European Parliament resolution of 17 January 2013 on the situation in the Central African Republic (2013/2514(RSP)) | 111 |

I   Resolutions, recommendations and opinions

RESOLUTIONS

European Parliament

Tuesday 15 January 2013

2015/C 440/01

European Parliament resolution of 15 January 2013 on urban re-development as contribution to economic growth in the framework of the EU Cohesion Policy (2011/2311(INI))

2

2015/C 440/02

European Parliament resolution of 15 January 2013 on optimising the role of territorial development in cohesion policy (2011/2312(INI))

6

2015/C 440/03

European Parliament resolution of 15 January 2013 on the European Union Solidarity Fund, implementation and application (2012/2075(INI))

13

2015/C 440/04

European Parliament resolution of 15 January 2013 with recommendations to the Commission on a Law of Administrative Procedure of the European Union (2012/2024(INL))

17

2015/C 440/05

European Parliament resolution of 15 January 2013 with recommendations to the Commission on information and consultation of workers, anticipation and management of restructuring (2012/2061(INL))

23

2015/C 440/06

European Parliament resolution of 15 January 2013 on EU Strategy for the Horn of Africa (2012/2026(INI))

38

2015/C 440/07

European Parliament resolution of 15 January 2013 on development aspects of intellectual property rights on genetic resources: the impact on poverty reduction in developing countries (2012/2135(INI))

55

Wednesday 16 January 2013

2015/C 440/08

European Parliament resolution of 16 January 2013 on Public Finances in EMU — 2011 and 2012 (2011/2274(INI))

62

2015/C 440/09

European Parliament resolution of 16 January 2013 on a Youth Guarantee (2012/2901(RSP))

67

2015/C 440/10

European Parliament resolution of 16 January 2013 on the role of EU cohesion policy and its actors in implementing the new European energy policy (2012/2099(INI))

69

2015/C 440/11

European Parliament resolution of 16 January 2013 on the feasibility of introducing Stability Bonds (2012/2028(INI))

74

Thursday 17 January 2013

2015/C 440/12

European Parliament resolution of 17 January 2013 on the EU-Iraq Partnership and Cooperation Agreement (2012/2850(RSP))

83

2015/C 440/13

European Parliament resolution of 17 January 2013 on the implementation of the Interim Economic Partnership Agreement (IEPA) between the European Community and the Eastern and Southern Africa States, in the light of the current situation in Zimbabwe (2013/2515(RSP))

89

2015/C 440/14

European Parliament resolution of 17 January 2013 on state aid modernisation (2012/2920(RSP))

92

2015/C 440/15

European Parliament resolution of 17 January 2013 on recent casualties in textile factory fires, notably in Bangladesh (2012/2908(RSP))

94

2015/C 440/16

European Parliament resolution of 17 January 2013 on the Recommendations of the Non-Proliferation Treaty Review Conference regarding the establishment of a Middle East free of weapons of mass destruction (2012/2890(RSP))

97

2015/C 440/17

European Parliament resolution of 17 January 2013 on the indication of country of origin for certain products entering the EU from third countries (2012/2923(RSP))

100

2015/C 440/18

European Parliament resolution of 17 January 2013 on trade negotiations between the EU and Mercosur (2012/2924(RSP))

101

2015/C 440/19

European Parliament resolution of 17 January 2013 on violence against women in India (2013/2512(RSP))

103

2015/C 440/20

European Parliament resolution of 17 January 2013 on the human rights situation in Bahrain (2013/2513(RSP))

107

2015/C 440/21

European Parliament resolution of 17 January 2013 on the situation in the Central African Republic (2013/2514(RSP))

111

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| | II   Information |
| --- | --- |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Parliament |
| | Wednesday 16 January 2013 |
| 2015/C 440/22 | European Parliament decision of 16 January 2013 on amendment of Rule 15(2) of Parliament’s Rules of Procedure on the order of precedence of Vice-Presidents elected by acclamation (2012/2020(REG)) | 116 |

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Parliament

Wednesday 16 January 2013

2015/C 440/22

European Parliament decision of 16 January 2013 on amendment of Rule 15(2) of Parliament’s Rules of Procedure on the order of precedence of Vice-Presidents elected by acclamation (2012/2020(REG))

116

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| | III   Preparatory acts |
| --- | --- |
| | EUROPEAN PARLIAMENT |
| | Wednesday 16 January 2013 |
| 2015/C 440/23 | P7_TA(2013)0008Classification, packaging and labelling of dangerous preparations ***IEuropean Parliament legislative resolution of 16 January 2013 on the proposal for a directive of the European Parliament and of the Council on the classification, packaging and labelling of dangerous preparations (recast) (COM(2012)0008 — C7-0021/2012 — 2012/0007(COD))P7_TC1-COD(2012)0007Position of the European Parliament adopted at first reading on 16 January 2013 with a view to the adoption of Directive 2013/.../EU of the European Parliament and of the Council on the classification, packaging and labelling of dangerous preparations (recast) | 117 |
| 2015/C 440/24 | P7_TA(2013)0009Sustainable exploitation of fishery resources in the Mediterranean Sea ***IEuropean Parliament legislative resolution of 16 January 2013 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1967/2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea (COM(2011)0479 — C7-0216/2011 — 2011/0218(COD))P7_TC1-COD(2011)0218Position of the European Parliament adopted at first reading on 16 January 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council amending Council Regulation (EC) No 1967/2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea | 186 |
| 2015/C 440/25 | European Parliament legislative resolution of 16 January 2013 on the draft Council decision on the conclusion on behalf of the European Union of the Nagoya-Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety (13582/2012 — C7-0323/2012 — 2012/0120(NLE)) | 192 |
| 2015/C 440/26 | P7_TA(2013)0012Credit rating agencies ***IEuropean Parliament legislative resolution of 16 January 2013 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1060/2009 on credit rating agencies (COM(2011)0747 — C7-0420/2011 — 2011/0361(COD))P7_TC1-COD(2011)0361Position of the European Parliament adopted at first reading on 16 January 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council amending Regulation (EC) No 1060/2009 on credit rating agencies | 193 |
| 2015/C 440/27 | P7_TA(2013)0013Undertakings of collective investment in transferable securities (UCITS) and alternative investment funds managers ***IEuropean Parliament legislative resolution of 16 January 2013 on the proposal for a directive of the European Parliament and of the Council amending Directive 2009/65/EC on the coordination of laws, regulations and administrative provisions relating to undertakings of collective investment in transferable securities (UCITS) and Directive 2011/61/EU on Alternative Investment Funds Managers in respect of the excessive reliance on credit ratings (COM(2011)0746 — C7-0419/2011 — 2011/0360(COD))P7_TC1-COD(2011)0360Position of the European Parliament adopted at first reading on 16 January 2013 with a view to the adoption of Directive 2013/.../EU of the European Parliament and of the Council amending Directive 2003/41/EC on the activities and supervision of institutions for occupational retirement provision, Directive 2009/65/EC on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) and Directive 2011/61/EU on Alternative Investment Funds Managers in respect of over-reliance on credit ratings | 194 |
| 2015/C 440/28 | P7_TA(2013)0014Multi-annual plan for cod stocks in the Baltic Sea***IEuropean Parliament legislative resolution of 16 January 2013 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1098/2007 of 18 September 2007 establishing a multi-annual plan for the cod stocks in the Baltic Sea and the fisheries exploiting those stocks (COM(2012)0155 — C7-0090/2012 — 2012/0077(COD))P7_TC1-COD(2012)0077Position of the European Parliament adopted at first reading on 16 January 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council amending Council Regulation (EC) No 1098/2007 of 18 September 2007 establishing a multi-annual plan for the cod stocks in the Baltic Sea and the fisheries exploiting those stocks | 195 |
| | Thursday 17 January 2013 |
| 2015/C 440/29 | European Parliament decision of 17 January 2013 on the opening of, and mandate for, interinstitutional negotiations on the proposal for a regulation of the European Parliament and of the Council establishing, as part of the Internal Security Fund, the instrument for financial support for external borders and visa (COM(2011)0750 — C7-0441/2011 — 2011/0365(COD) — (2013/2503(RSP)) | 200 |
| 2015/C 440/30 | European Parliament decision of 17 January 2013 on the opening of, and mandate for, interinstitutional negotiations on the proposal for a regulation of the European Parliament and of the Council establishing the Asylum and Migration Fund (COM(2011)0751 — C7-0443/2011 — 2011/0366(COD) — (2013/2504(RSP)) | 238 |
| 2015/C 440/31 | European Parliament decision of 17 January 2013 on the opening of, and mandate for, interinstitutional negotiations on the proposal for a regulation of the European Parliament and of the Council establishing, as part of the Internal Security Fund, the instrument for financial support for police cooperation, preventing and combating crime, and crisis management (COM(2011)0753 — C7-0445/2011 — 2011/0368(COD) — (2013/2505(RSP)) | 276 |
| 2015/C 440/32 | European Parliament legislative resolution of 17 January 2013 on the draft Council decision on the conclusion of a Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Iraq, of the other part (10209/2012 — C7-0189/2012 — 2010/0310(NLE)) | 301 |
| 2015/C 440/33 | European Parliament legislative resolution of 17 January 2013 on the draft Council decision on the conclusion of the Interim Agreement establishing a framework for an Economic Partnership Agreement between Eastern and Southern Africa States, on the one part, and the European Community and its Member States, on the other part (11699/2012 — C7-0193/2012 — 2008/0251(NLE)) | 302 |

III   Preparatory acts

EUROPEAN PARLIAMENT

Wednesday 16 January 2013

2015/C 440/23

P7_TA(2013)0008Classification, packaging and labelling of dangerous preparations ***IEuropean Parliament legislative resolution of 16 January 2013 on the proposal for a directive of the European Parliament and of the Council on the classification, packaging and labelling of dangerous preparations (recast) (COM(2012)0008 — C7-0021/2012 — 2012/0007(COD))P7_TC1-COD(2012)0007Position of the European Parliament adopted at first reading on 16 January 2013 with a view to the adoption of Directive 2013/.../EU of the European Parliament and of the Council on the classification, packaging and labelling of dangerous preparations (recast)

117

2015/C 440/24

P7_TA(2013)0009Sustainable exploitation of fishery resources in the Mediterranean Sea ***IEuropean Parliament legislative resolution of 16 January 2013 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1967/2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea (COM(2011)0479 — C7-0216/2011 — 2011/0218(COD))P7_TC1-COD(2011)0218Position of the European Parliament adopted at first reading on 16 January 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council amending Council Regulation (EC) No 1967/2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea

186

2015/C 440/25

European Parliament legislative resolution of 16 January 2013 on the draft Council decision on the conclusion on behalf of the European Union of the Nagoya-Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety (13582/2012 — C7-0323/2012 — 2012/0120(NLE))

192

2015/C 440/26

P7_TA(2013)0012Credit rating agencies ***IEuropean Parliament legislative resolution of 16 January 2013 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1060/2009 on credit rating agencies (COM(2011)0747 — C7-0420/2011 — 2011/0361(COD))P7_TC1-COD(2011)0361Position of the European Parliament adopted at first reading on 16 January 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council amending Regulation (EC) No 1060/2009 on credit rating agencies

193

2015/C 440/27

P7_TA(2013)0013Undertakings of collective investment in transferable securities (UCITS) and alternative investment funds managers ***IEuropean Parliament legislative resolution of 16 January 2013 on the proposal for a directive of the European Parliament and of the Council amending Directive 2009/65/EC on the coordination of laws, regulations and administrative provisions relating to undertakings of collective investment in transferable securities (UCITS) and Directive 2011/61/EU on Alternative Investment Funds Managers in respect of the excessive reliance on credit ratings (COM(2011)0746 — C7-0419/2011 — 2011/0360(COD))P7_TC1-COD(2011)0360Position of the European Parliament adopted at first reading on 16 January 2013 with a view to the adoption of Directive 2013/.../EU of the European Parliament and of the Council amending Directive 2003/41/EC on the activities and supervision of institutions for occupational retirement provision, Directive 2009/65/EC on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) and Directive 2011/61/EU on Alternative Investment Funds Managers in respect of over-reliance on credit ratings

194

2015/C 440/28

P7_TA(2013)0014Multi-annual plan for cod stocks in the Baltic Sea***IEuropean Parliament legislative resolution of 16 January 2013 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1098/2007 of 18 September 2007 establishing a multi-annual plan for the cod stocks in the Baltic Sea and the fisheries exploiting those stocks (COM(2012)0155 — C7-0090/2012 — 2012/0077(COD))P7_TC1-COD(2012)0077Position of the European Parliament adopted at first reading on 16 January 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council amending Council Regulation (EC) No 1098/2007 of 18 September 2007 establishing a multi-annual plan for the cod stocks in the Baltic Sea and the fisheries exploiting those stocks

195

Thursday 17 January 2013

2015/C 440/29

European Parliament decision of 17 January 2013 on the opening of, and mandate for, interinstitutional negotiations on the proposal for a regulation of the European Parliament and of the Council establishing, as part of the Internal Security Fund, the instrument for financial support for external borders and visa (COM(2011)0750 — C7-0441/2011 — 2011/0365(COD) — (2013/2503(RSP))

200

2015/C 440/30

European Parliament decision of 17 January 2013 on the opening of, and mandate for, interinstitutional negotiations on the proposal for a regulation of the European Parliament and of the Council establishing the Asylum and Migration Fund (COM(2011)0751 — C7-0443/2011 — 2011/0366(COD) — (2013/2504(RSP))

238

2015/C 440/31

European Parliament decision of 17 January 2013 on the opening of, and mandate for, interinstitutional negotiations on the proposal for a regulation of the European Parliament and of the Council establishing, as part of the Internal Security Fund, the instrument for financial support for police cooperation, preventing and combating crime, and crisis management (COM(2011)0753 — C7-0445/2011 — 2011/0368(COD) — (2013/2505(RSP))

276

2015/C 440/32

European Parliament legislative resolution of 17 January 2013 on the draft Council decision on the conclusion of a Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Iraq, of the other part (10209/2012 — C7-0189/2012 — 2010/0310(NLE))

301

2015/C 440/33

European Parliament legislative resolution of 17 January 2013 on the draft Council decision on the conclusion of the Interim Agreement establishing a framework for an Economic Partnership Agreement between Eastern and Southern Africa States, on the one part, and the European Community and its Member States, on the other part (11699/2012 — C7-0193/2012 — 2008/0251(NLE))

302

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| Key to symbols used






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

Key to symbols used

*

Consultation procedure

***

Consent procedure

***I

Ordinary legislative procedure: first reading

***II

Ordinary legislative procedure: second reading

***III

Ordinary legislative procedure: third reading

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

Amendments by Parliament:

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

bold italics

bold italics

| EN | |
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EN

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30.12.2015

| 30.12.2015 | EN | Official Journal of the European Union | C 440/1 |
| --- | --- | --- | --- |

EN

Official Journal of the European Union

C 440/1

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EUROPEAN PARLIAMENT

2012-2013 SESSION

Sittings of 14 to 17 January 2013

The Minutes of this session have been published in OJ C 92 E, 28.3.2013.

TEXTS ADOPTED

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I Resolutions, recommendations and opinions

RESOLUTIONS

European Parliament

Tuesday 15 January 2013

| 30.12.2015 | EN | Official Journal of the European Union | C 440/2 |
| --- | --- | --- | --- |

30.12.2015

EN

Official Journal of the European Union

C 440/2

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P7_TA(2013)0001

Urban redevelopment as contribution to economic growth

European Parliament resolution of 15 January 2013 on urban re-development as contribution to economic growth in the framework of the EU Cohesion Policy (2011/2311(INI))

(2015/C 440/01)

The European Parliament,

| — | having regard to Articles 174 and 176 of the Treaty on the Functioning of the European Union, which establish the objective of economic, social and territorial cohesion and define the structural financial instruments to achieve this, and provide that the European Regional Development Fund is intended to help redress the principal regional imbalances in the Union, |
| --- | --- |

—

having regard to Articles 174 and 176 of the Treaty on the Functioning of the European Union, which establish the objective of economic, social and territorial cohesion and define the structural financial instruments to achieve this, and provide that the European Regional Development Fund is intended to help redress the principal regional imbalances in the Union,

| — | having regard to the Commission Communication of 3 March 2010 entitled ‘Europe 2020 A strategy for smart, sustainable and inclusive growth’ (COM(2010)2020), |
| --- | --- |

—

having regard to the Commission Communication of 3 March 2010 entitled ‘Europe 2020 A strategy for smart, sustainable and inclusive growth’ (COM(2010)2020),

| — | having regard to its resolution of 20 May 2010 on the contribution of the Cohesion policy to the achievement of the Lisbon and the EU 2020 objectives (1), |
| --- | --- |

—

having regard to its resolution of 20 May 2010 on the contribution of the Cohesion policy to the achievement of the Lisbon and the EU 2020 objectives (1),

| — | having regard to its resolution of 14 December 2010 on achieving real territorial, social and economic cohesion within the EU — a sine qua non for global competitiveness? (2), |
| --- | --- |

—

having regard to its resolution of 14 December 2010 on achieving real territorial, social and economic cohesion within the EU — a sine qua non for global competitiveness? (2),

| — | having regard to the Commission Communication of 9 November 2010 entitled ‘Conclusions of the fifth report on economic, social and territorial cohesion: the future of cohesion policy’ (COM(2010)0642), |
| --- | --- |

—

having regard to the Commission Communication of 9 November 2010 entitled ‘Conclusions of the fifth report on economic, social and territorial cohesion: the future of cohesion policy’ (COM(2010)0642),

| — | having regard to the Commission Communication of 23 November 2010 entitled ‘An Agenda for new skills and jobs: A European contribution towards full employment’ (COM(2010)0682), |
| --- | --- |

—

having regard to the Commission Communication of 23 November 2010 entitled ‘An Agenda for new skills and jobs: A European contribution towards full employment’ (COM(2010)0682),

| — | having regard to the Commission Communication of 16 December 2010 entitled ‘The European Platform against Poverty and Social Exclusion: A European framework for social and territorial cohesion’ (COM(2010)0758), |
| --- | --- |

—

having regard to the Commission Communication of 16 December 2010 entitled ‘The European Platform against Poverty and Social Exclusion: A European framework for social and territorial cohesion’ (COM(2010)0758),

| — | having regard to the Commission Communication of 26 January 2011 entitled ‘A resource-efficient Europe — Flagship initiative under the Europe 2020 Strategy’ (COM(2011)0021), |
| --- | --- |

—

having regard to the Commission Communication of 26 January 2011 entitled ‘A resource-efficient Europe — Flagship initiative under the Europe 2020 Strategy’ (COM(2011)0021),

| — | having regard to its resolution of 23 June 2011 on the state of play and future synergies for increased effectiveness between the ERDF and other structural funds (3), |
| --- | --- |

—

having regard to its resolution of 23 June 2011 on the state of play and future synergies for increased effectiveness between the ERDF and other structural funds (3),

| — | having regard to its resolution of 8 June 2011 entitled ‘GDP and beyond: measuring progress in a changing world’ (4), |
| --- | --- |

—

having regard to its resolution of 8 June 2011 entitled ‘GDP and beyond: measuring progress in a changing world’ (4),

| — | having regard to its resolution of 8 June 2011 on ‘Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe’ (5), |
| --- | --- |

—

having regard to its resolution of 8 June 2011 on ‘Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe’ (5),

| — | having regard to its resolution of 5 July 2011 on the Commission’s fifth Cohesion Report and the strategy for post-2013 cohesion policy (6), |
| --- | --- |

—

having regard to its resolution of 5 July 2011 on the Commission’s fifth Cohesion Report and the strategy for post-2013 cohesion policy (6),

| — | having regard to its resolution of 27 September 2011 on absorption of Structural and Cohesion Funds: lessons learnt for the future cohesion policy of the EU (7), |
| --- | --- |

—

having regard to its resolution of 27 September 2011 on absorption of Structural and Cohesion Funds: lessons learnt for the future cohesion policy of the EU (7),

| — | having regard to the proposal for a regulation of the European Parliament and of the Council, of 6 October 2011, laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund covered by the Common Strategic Framework and laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Council regulation (EC) No 1083/2006 (COM(2011)0615), |
| --- | --- |

—

having regard to the proposal for a regulation of the European Parliament and of the Council, of 6 October 2011, laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund covered by the Common Strategic Framework and laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Council regulation (EC) No 1083/2006 (COM(2011)0615),

| — | having regard to the proposal for a regulation of the European Parliament and of the Council, of 6 October 2011, on specific provisions concerning the European Regional Development Fund and the Investment for growth and jobs goal and repealing Regulation (EC) No 1080/2006 (COM(2011)0614), |
| --- | --- |

—

having regard to the proposal for a regulation of the European Parliament and of the Council, of 6 October 2011, on specific provisions concerning the European Regional Development Fund and the Investment for growth and jobs goal and repealing Regulation (EC) No 1080/2006 (COM(2011)0614),

| — | having regard to the proposal for a regulation of the European Parliament and of the Council, of 6 October 2011, on the European Social Fund and repealing Council Regulation (EC) No 1081/2006 (COM(2011)0607), |
| --- | --- |

—

having regard to the proposal for a regulation of the European Parliament and of the Council, of 6 October 2011, on the European Social Fund and repealing Council Regulation (EC) No 1081/2006 (COM(2011)0607),

| — | having regard to the proposal for a regulation of the European Parliament and of the Council, of 6 October 2011, on a European Union Programme for Social Change and Innovation (COM(2011)0609), |
| --- | --- |

—

having regard to the proposal for a regulation of the European Parliament and of the Council, of 6 October 2011, on a European Union Programme for Social Change and Innovation (COM(2011)0609),

| — | having regard to its resolution of 15 November 2011 on The European Platform against Poverty and Social Exclusion (8), |
| --- | --- |

—

having regard to its resolution of 15 November 2011 on The European Platform against Poverty and Social Exclusion (8),

| — | having regard to its resolution of 9 July 2008 on the theme ‘Towards a new culture for urban mobility’ (9), |
| --- | --- |

—

having regard to its resolution of 9 July 2008 on the theme ‘Towards a new culture for urban mobility’ (9),

| — | having regard to its resolution of 24 March 2009 on the urban dimension of cohesion policy in the new programming period (10), |
| --- | --- |

—

having regard to its resolution of 24 March 2009 on the urban dimension of cohesion policy in the new programming period (10),

| — | having regard to its resolution of 23 April 2009 on an Action Plan on Urban Mobility (11), |
| --- | --- |

—

having regard to its resolution of 23 April 2009 on an Action Plan on Urban Mobility (11),

| — | having regard to its resolution of 23 June 2011 on the European urban agenda and its future in cohesion policy (12), |
| --- | --- |

—

having regard to its resolution of 23 June 2011 on the European urban agenda and its future in cohesion policy (12),

| — | having regard to its resolution of 13 October 2005 on the urban dimension in the context of enlargement (13), |
| --- | --- |

—

having regard to its resolution of 13 October 2005 on the urban dimension in the context of enlargement (13),

| — | having regard to its resolution of 26 September 2006 on the Thematic Strategy on the Urban Environment (14), |
| --- | --- |

—

having regard to its resolution of 26 September 2006 on the Thematic Strategy on the Urban Environment (14),

| — | having regard to the Leipzig Charter on Sustainable European Cities, approved at the Informal Ministerial Meeting on Urban Development and Territorial Cohesion held in Leipzig on 24 and 25 May 2007, |
| --- | --- |

—

having regard to the Leipzig Charter on Sustainable European Cities, approved at the Informal Ministerial Meeting on Urban Development and Territorial Cohesion held in Leipzig on 24 and 25 May 2007,

| — | having regard to the Toledo Declaration for Urban Development, approved at the Informal Ministerial Meeting held in Toledo on 22 June 2010, |
| --- | --- |

—

having regard to the Toledo Declaration for Urban Development, approved at the Informal Ministerial Meeting held in Toledo on 22 June 2010,

| — | 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 Regional Development (A7-0406/2012), |
| --- | --- |

—

having regard to the report of the Committee on Regional Development (A7-0406/2012),

| A. | whereas 80 % of European citizens live in an urban context (this figure is increasing further due to the acceleration of rural-to-urban migration flows), where there is a greater concentration of the effects of the economic crisis, and where the challenges of the fight against climate change, job creation, well-being and quality of life are played out; |
| --- | --- |

A.

whereas 80 % of European citizens live in an urban context (this figure is increasing further due to the acceleration of rural-to-urban migration flows), where there is a greater concentration of the effects of the economic crisis, and where the challenges of the fight against climate change, job creation, well-being and quality of life are played out;

| B. | whereas urban areas should draw up medium-/long-term action plans in the fields of sustainable economic, social and territorial cohesion; |
| --- | --- |

B.

whereas urban areas should draw up medium-/long-term action plans in the fields of sustainable economic, social and territorial cohesion;

| C. | whereas cities represent the engine of the economy, manufacturing and employment, yet at the same time are where one encounters the problems of suburbanisation, unemployment and, more generally, social exclusion and segregation, and environmental pollution; |
| --- | --- |

C.

whereas cities represent the engine of the economy, manufacturing and employment, yet at the same time are where one encounters the problems of suburbanisation, unemployment and, more generally, social exclusion and segregation, and environmental pollution;

| D. | whereas strong urban areas also have a positive influence on the surrounding countryside which can thus lead to spillover effects; |
| --- | --- |

D.

whereas strong urban areas also have a positive influence on the surrounding countryside which can thus lead to spillover effects;

| E. | whereas it is necessary to rethink the concept of urban periphery to change the current trend towards spatial segregation, which gives rise to social polarisation; |
| --- | --- |

E.

whereas it is necessary to rethink the concept of urban periphery to change the current trend towards spatial segregation, which gives rise to social polarisation;

| F. | whereas the current transformation processes within the urban fabric produce growing expectations and problems that the state traditionally seeks to resolve, which therefore require mechanisms for innovative and integrated economic, social and territorial cohesion; |
| --- | --- |

F.

whereas the current transformation processes within the urban fabric produce growing expectations and problems that the state traditionally seeks to resolve, which therefore require mechanisms for innovative and integrated economic, social and territorial cohesion;

| G. | whereas in many cities socio-demographic change has provoked a movement of people from their dwellings in older urban areas to new and more peripheral housing estates, urban areas on the fringes of cities or simply new towns close to big agglomerations; |
| --- | --- |

G.

whereas in many cities socio-demographic change has provoked a movement of people from their dwellings in older urban areas to new and more peripheral housing estates, urban areas on the fringes of cities or simply new towns close to big agglomerations;

| H. | whereas social inequality is a challenge in many urban areas, and whereas inequalities between neighbourhoods are often due to inappropriate housing policies and to the fact that service provisions are often restricted to more affluent areas; |
| --- | --- |

H.

whereas social inequality is a challenge in many urban areas, and whereas inequalities between neighbourhoods are often due to inappropriate housing policies and to the fact that service provisions are often restricted to more affluent areas;

| I. | whereas revisiting traditional approaches can become an opportunity to launch a process of urban experimentation and pathways of design, based on a reinterpretation of the planning of spaces, community needs and citizens’ involvement; |
| --- | --- |

I.

whereas revisiting traditional approaches can become an opportunity to launch a process of urban experimentation and pathways of design, based on a reinterpretation of the planning of spaces, community needs and citizens’ involvement;

| 1. | Stresses that the local development model represents a key strength of the cohesion policy since decisive mobility factors encourage the selection of the best choices closest to the citizens, joint actions and more coherent, effective and efficient measures giving moreover greater visibility to community interventions in the EU areas facing more difficult challenges; |
| --- | --- |

1.

Stresses that the local development model represents a key strength of the cohesion policy since decisive mobility factors encourage the selection of the best choices closest to the citizens, joint actions and more coherent, effective and efficient measures giving moreover greater visibility to community interventions in the EU areas facing more difficult challenges;

| 2. | Calls for a new EU regulatory phase connected to a plan to safeguard and regenerate urban areas, which — while respecting the principle of subsidiarity — may supply the legal basis required, define common and shared medium to long-term goals and optimise the use of cohesion policy funds; |
| --- | --- |

2.

Calls for a new EU regulatory phase connected to a plan to safeguard and regenerate urban areas, which — while respecting the principle of subsidiarity — may supply the legal basis required, define common and shared medium to long-term goals and optimise the use of cohesion policy funds;

| 3. | Hopes for actions aimed at the completion and restoration of existing parts of cities, including marginalised neighbourhoods, the functional conversion of disused spaces and redevelopment areas, the enhancement, through a dynamic development process, of the attractiveness of the places where people live, and the return to the community of strongly symbolic and historically rich spaces which have lost their original function and have become progressively neglected, while promoting cultural heritage; |
| --- | --- |

3.

Hopes for actions aimed at the completion and restoration of existing parts of cities, including marginalised neighbourhoods, the functional conversion of disused spaces and redevelopment areas, the enhancement, through a dynamic development process, of the attractiveness of the places where people live, and the return to the community of strongly symbolic and historically rich spaces which have lost their original function and have become progressively neglected, while promoting cultural heritage;

| 4. | Asks for cultural and economic resources to be mobilised, assuming as a priority social sustainability of urban transformation, hence contributing to the urban solidarity, social inclusion and integration of vulnerable and marginalised groups in urban areas, in order to fully harness the development potential in the knowledge that processes of urban regeneration risk pushing out weaker sections of the population; underlines, therefore, the necessity to closely involve the inhabitants from the earliest stage possible; |
| --- | --- |

4.

Asks for cultural and economic resources to be mobilised, assuming as a priority social sustainability of urban transformation, hence contributing to the urban solidarity, social inclusion and integration of vulnerable and marginalised groups in urban areas, in order to fully harness the development potential in the knowledge that processes of urban regeneration risk pushing out weaker sections of the population; underlines, therefore, the necessity to closely involve the inhabitants from the earliest stage possible;

| 5. | Emphasises the key role that urban areas have to play in achieving the economic, social and environmental objectives of the Europe 2020 strategy, and highlights the fact that the Union can only be globally competitive if the cohesion policy fully harnesses the development potential of all its regions and urban areas; |
| --- | --- |

5.

Emphasises the key role that urban areas have to play in achieving the economic, social and environmental objectives of the Europe 2020 strategy, and highlights the fact that the Union can only be globally competitive if the cohesion policy fully harnesses the development potential of all its regions and urban areas;

| 6. | Calls for an integrated approach which involves the interconnection of nature and the environment with history and culture and with society and commerce, ensuring the development of infrastructure, the improvement of urban spaces and the growth of the economic fabric, promoting a mixed use of the territory, via the integration of residential and non-residential works, tangible infrastructures and intangible connectivity systems; |
| --- | --- |

6.

Calls for an integrated approach which involves the interconnection of nature and the environment with history and culture and with society and commerce, ensuring the development of infrastructure, the improvement of urban spaces and the growth of the economic fabric, promoting a mixed use of the territory, via the integration of residential and non-residential works, tangible infrastructures and intangible connectivity systems;

| 7. | Stresses that new forms of urban regeneration are required, focusing on the need for communities to have public spaces, parks, leisure, culture and sport; |
| --- | --- |

7.

Stresses that new forms of urban regeneration are required, focusing on the need for communities to have public spaces, parks, leisure, culture and sport;

| 8. | Calls for participatory planning dynamics in partnership with associations and citizens to guarantee the necessary connection between general policies and specific territorial spaces, by enhancing their peculiarities, identities, memory and history and by reinforcing the sense of belonging to the community and trust in institutions; |
| --- | --- |

8.

Calls for participatory planning dynamics in partnership with associations and citizens to guarantee the necessary connection between general policies and specific territorial spaces, by enhancing their peculiarities, identities, memory and history and by reinforcing the sense of belonging to the community and trust in institutions;

| 9. | Highlights that urban regeneration and economic revitalisation are closely related and that the construction of an attractive location can become a factor in economic recovery; points out that in order to achieve this, urban regeneration should be matched with a new approach combining efforts to prevent urban decline, promote the development of needy and marginalised areas and support local economic growth and job creation, complemented by social measures; |
| --- | --- |

9.

Highlights that urban regeneration and economic revitalisation are closely related and that the construction of an attractive location can become a factor in economic recovery; points out that in order to achieve this, urban regeneration should be matched with a new approach combining efforts to prevent urban decline, promote the development of needy and marginalised areas and support local economic growth and job creation, complemented by social measures;

| 10. | Calls for decisive actions for the fight against energy inefficiency, via the functional re-designation of buildings and the construction of more resource efficient dwellings, including for social housing; reducing congestions, contamination and noise in such a way as to make the city more competitive as regards environmental problems; |
| --- | --- |

10.

Calls for decisive actions for the fight against energy inefficiency, via the functional re-designation of buildings and the construction of more resource efficient dwellings, including for social housing; reducing congestions, contamination and noise in such a way as to make the city more competitive as regards environmental problems;

| 11. | Stresses the need for a strategy to preserve and make secure the urban and housing heritage in areas classified as being at high risk of earthquakes or flooding; |
| --- | --- |

11.

Stresses the need for a strategy to preserve and make secure the urban and housing heritage in areas classified as being at high risk of earthquakes or flooding;

| 12. | Reiterates the need to coordinate the use of funds to ensure an integrated approach to the dysfunction of demographic development, progressive ageing and urban concentration; draws attention to the fact that structural fund projects can help provide solutions to serious problems and should focus on people and pay particular attention to the underprivileged in this society, e.g. children, young people, women and the elderly; |
| --- | --- |

12.

Reiterates the need to coordinate the use of funds to ensure an integrated approach to the dysfunction of demographic development, progressive ageing and urban concentration; draws attention to the fact that structural fund projects can help provide solutions to serious problems and should focus on people and pay particular attention to the underprivileged in this society, e.g. children, young people, women and the elderly;

| 13. | Welcomes the steps taken to promote networks between cities and the exchange of experience and good practices; points out that these steps should be further strengthened and extended to encompass functional urban areas; calls for the expansion of existing instruments for this purpose while underlining that existing programmes and bodies should be used before new structures are created; |
| --- | --- |

13.

Welcomes the steps taken to promote networks between cities and the exchange of experience and good practices; points out that these steps should be further strengthened and extended to encompass functional urban areas; calls for the expansion of existing instruments for this purpose while underlining that existing programmes and bodies should be used before new structures are created;

| 14. | Welcomes the provision that at least 5 % of the European Regional Development Fund (ERDF) resources be made available for integrated actions for sustainable urban development, to be delegated to cities for management; emphasises that this figure is a minimum target and should be used to support the development in functional urban areas; calls on the different levels of authority to make use of new instruments such as community-led local development; |
| --- | --- |

14.

Welcomes the provision that at least 5 % of the European Regional Development Fund (ERDF) resources be made available for integrated actions for sustainable urban development, to be delegated to cities for management; emphasises that this figure is a minimum target and should be used to support the development in functional urban areas; calls on the different levels of authority to make use of new instruments such as community-led local development;

| 15. | Opposes rigidity in the use of the above resources in the implementation of integrated territorial investments (ITI); is of the opinion that the Member States should be given the possibility to implement the integrated actions for sustainable urban development also through a specific operational programme or a specific priority axis; |
| --- | --- |

15.

Opposes rigidity in the use of the above resources in the implementation of integrated territorial investments (ITI); is of the opinion that the Member States should be given the possibility to implement the integrated actions for sustainable urban development also through a specific operational programme or a specific priority axis;

| 16. | Highlights that, while urban areas can make a vital contribution as growth centres and growth drivers, it is necessary to integrate local development needs when addressing the problems of suburban, neighbouring and rural areas, in order to promote a relationship that is not in conflict but is complementary and synergetic, and in order to tackle the gradual loss of the rural-urban fringe, due to the trend of urban spread, and the conversion of rural areas into building land, while developing the accessibility to public services; |
| --- | --- |

16.

Highlights that, while urban areas can make a vital contribution as growth centres and growth drivers, it is necessary to integrate local development needs when addressing the problems of suburban, neighbouring and rural areas, in order to promote a relationship that is not in conflict but is complementary and synergetic, and in order to tackle the gradual loss of the rural-urban fringe, due to the trend of urban spread, and the conversion of rural areas into building land, while developing the accessibility to public services;

| 17. | Calls for an improvement of the administrative capacity — e.g. through increased use of technical assistance — of local and regional authorities, and of economic and social actors, in the management of the structural funds, for the purpose of real multilevel governance, in order to ensure that objectives are met; considers it crucial that sustainable multifunctional networks, based on good practices, are developed and promoted in a way that will stimulate the formation of’ vibrant, integrated, urban-rural partnerships based on the needs of individual regions; |
| --- | --- |

17.

Calls for an improvement of the administrative capacity — e.g. through increased use of technical assistance — of local and regional authorities, and of economic and social actors, in the management of the structural funds, for the purpose of real multilevel governance, in order to ensure that objectives are met; considers it crucial that sustainable multifunctional networks, based on good practices, are developed and promoted in a way that will stimulate the formation of’ vibrant, integrated, urban-rural partnerships based on the needs of individual regions;

| 18. | Highlights the opportunity to create networking between pilot projects on sustainable urban development financed by the ERDF and the new multiannual Horizon 2020 programme, in order to guarantee innovative solutions and replicable strategies in urban regeneration; |
| --- | --- |

18.

Highlights the opportunity to create networking between pilot projects on sustainable urban development financed by the ERDF and the new multiannual Horizon 2020 programme, in order to guarantee innovative solutions and replicable strategies in urban regeneration;

| 19. | Is convinced that the experience of the Covenant of Mayors can form a good starting point for further developments in the pursuit of the EU 2020 Strategy objectives; |
| --- | --- |

19.

Is convinced that the experience of the Covenant of Mayors can form a good starting point for further developments in the pursuit of the EU 2020 Strategy objectives;

| 20. | Calls for a sustainable mobility management model, integrated with town planning, that comprises more public facilities and systemic logistics networks appropriate to the needs of the urban distribution of goods and services, with appropriate attention given to green transport needs; |
| --- | --- |

20.

Calls for a sustainable mobility management model, integrated with town planning, that comprises more public facilities and systemic logistics networks appropriate to the needs of the urban distribution of goods and services, with appropriate attention given to green transport needs;

| 21. | Is convinced that environmental problems like the management of waste represents a major problem that transcends merely technical aspects and has an impact on social issues; urges, further, that measures to ensure quality water supply and purification services in towns be continued, since this benefits the public and the environment at the same time; |
| --- | --- |

21.

Is convinced that environmental problems like the management of waste represents a major problem that transcends merely technical aspects and has an impact on social issues; urges, further, that measures to ensure quality water supply and purification services in towns be continued, since this benefits the public and the environment at the same time;

| 22. | Stresses that the increase in green spaces and urban parks forms an element of extremely high value in terms of the natural, historic and cultural heritage, and contributes to regulating negative microclimate effects, a better energy budget and financial savings, increases sustainability and the quality of the urban environment, and allows social and recreational needs to be met; |
| --- | --- |

22.

Stresses that the increase in green spaces and urban parks forms an element of extremely high value in terms of the natural, historic and cultural heritage, and contributes to regulating negative microclimate effects, a better energy budget and financial savings, increases sustainability and the quality of the urban environment, and allows social and recreational needs to be met;

| 23. | Hopes that, in defining the pathways for urban development, priority is given to technical materials and solutions that allow energy-saving standards in line with the objectives of the European policies; |
| --- | --- |

23.

Hopes that, in defining the pathways for urban development, priority is given to technical materials and solutions that allow energy-saving standards in line with the objectives of the European policies;

| 24. | Instructs its President to forward this resolution to the Commission and Council. |
| --- | --- |

24.

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

---

(1)  OJ C 161 E, 31.5.2011, p. 120.

(2)  OJ C 169 E, 15.6.2012, p. 29.

(3)  OJ C 390 E, 18.12.2012, p. 27.

(4)  OJ C 380 E, 11.12.2012, p. 81.

(5)  OJ C 380 E, 11.12.2012, p. 89.

(6)  Texts adopted, P7_TA(2011)0316.

(7)  Texts adopted, P7_TA(2011)0403.

(8)  Texts adopted, P7_TA(2011)0495.

(9)  OJ C 294 E, 3.12.2009, p. 42.

(10)  OJ C 117 E, 6.5.2010, p. 73.

(11)  OJ C 184 E, 8.7.2010, p. 43.

(12)  OJ C 309 E, 18.12.2012, p. 10.

(13)  OJ C 233 E, 28.9.2006, p. 127.

(14)  OJ C 306 E, 15.12.2006, p. 182.

---

| 30.12.2015 | EN | Official Journal of the European Union | C 440/6 |
| --- | --- | --- | --- |

30.12.2015

EN

Official Journal of the European Union

C 440/6

---

P7_TA(2013)0002

Role of territorial development in cohesion policy

European Parliament resolution of 15 January 2013 on optimising the role of territorial development in cohesion policy (2011/2312(INI))

(2015/C 440/02)

The European Parliament,

| — | having regard to the Treaty on the Functioning of the European Union, and in particular Title XVIII thereof, |
| --- | --- |

—

having regard to the Treaty on the Functioning of the European Union, and in particular Title XVIII thereof,

| — | having regard to Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999 (1), |
| --- | --- |

—

having regard to Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999 (1),

| — | having regard to Council Decision 2006/702/EC of 6 October 2006 on Community strategic guidelines on cohesion (2), |
| --- | --- |

—

having regard to Council Decision 2006/702/EC of 6 October 2006 on Community strategic guidelines on cohesion (2),

| — | having regard to its resolution of 5 July 2011 on the Commission’s fifth Cohesion Report and the strategy for post-2013 cohesion policy (3), |
| --- | --- |

—

having regard to its resolution of 5 July 2011 on the Commission’s fifth Cohesion Report and the strategy for post-2013 cohesion policy (3),

| — | having regard to its resolution of 23 June 2011 on the state of play and future synergies for increased effectiveness between the ERDF and other structural funds (4), |
| --- | --- |

—

having regard to its resolution of 23 June 2011 on the state of play and future synergies for increased effectiveness between the ERDF and other structural funds (4),

| — | having regard to its resolution of 8 June 2011 on ‘Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe’ (5), |
| --- | --- |

—

having regard to its resolution of 8 June 2011 on ‘Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe’ (5),

| — | having regard to its resolution of 23 June 2011 on European Urban Agenda and its Future in Cohesion Policy (6), |
| --- | --- |

—

having regard to its resolution of 23 June 2011 on European Urban Agenda and its Future in Cohesion Policy (6),

| — | having regard to its resolution of 23 June 2011 on ‘Objective 3: a challenge for territorial cooperation — the future agenda for cross-border, transnational and interregional cooperation’ (7), |
| --- | --- |

—

having regard to its resolution of 23 June 2011 on ‘Objective 3: a challenge for territorial cooperation — the future agenda for cross-border, transnational and interregional cooperation’ (7),

| — | having regard to its resolution of 7 October 2010 on EU cohesion and regional policy after 2013 (8), |
| --- | --- |

—

having regard to its resolution of 7 October 2010 on EU cohesion and regional policy after 2013 (8),

| — | having regard to its resolution of 20 May 2010 on the contribution of the Cohesion policy to the achievement of Lisbon and the EU2020 Objectives (9), |
| --- | --- |

—

having regard to its resolution of 20 May 2010 on the contribution of the Cohesion policy to the achievement of Lisbon and the EU2020 Objectives (9),

| — | having regard to its resolution of 20 May 2010 on the implementation of the synergies of research and innovation earmarked Funds in Regulation (EC) No 1080/2006 on the European Regional Development Fund and the Seventh Framework Programme for Research and Development in cities and regions as well as in the Member States and the Union (10), |
| --- | --- |

—

having regard to its resolution of 20 May 2010 on the implementation of the synergies of research and innovation earmarked Funds in Regulation (EC) No 1080/2006 on the European Regional Development Fund and the Seventh Framework Programme for Research and Development in cities and regions as well as in the Member States and the Union (10),

| — | having regard to the study published by Parliament entitled ‘Cohesion policy after 2013: a critical assessment of the legislative proposals’, |
| --- | --- |

—

having regard to the study published by Parliament entitled ‘Cohesion policy after 2013: a critical assessment of the legislative proposals’,

| — | having regard to the Polish Presidency Conclusions of 24—25 November 2011 on the territorial dimension of EU policies and the future Cohesion Policy (11), |
| --- | --- |

—

having regard to the Polish Presidency Conclusions of 24—25 November 2011 on the territorial dimension of EU policies and the future Cohesion Policy (11),

| — | having regard to the proposal for a regulation of the European Parliament and of the Council of 6 October 2011 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund covered by the Common Strategic Framework and laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1083/2006 (COM(2011)0615), |
| --- | --- |

—

having regard to the proposal for a regulation of the European Parliament and of the Council of 6 October 2011 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund covered by the Common Strategic Framework and laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1083/2006 (COM(2011)0615),

| — | having regard to the Commission proposal of 6 October 2011 for a regulation of the European Parliament and of the Council on specific provisions concerning the European Regional Development Fund and the Investment for growth and jobs goal and repealing Regulation (EC) No 1080/2006 (COM(2011)0614), |
| --- | --- |

—

having regard to the Commission proposal of 6 October 2011 for a regulation of the European Parliament and of the Council on specific provisions concerning the European Regional Development Fund and the Investment for growth and jobs goal and repealing Regulation (EC) No 1080/2006 (COM(2011)0614),

| — | having regard to the Commission communication of 9 November 2010 entitled ‘Conclusions of the fifth report on economic, social and territorial cohesion: the future of cohesion policy’ (COM(2010)0642), |
| --- | --- |

—

having regard to the Commission communication of 9 November 2010 entitled ‘Conclusions of the fifth report on economic, social and territorial cohesion: the future of cohesion policy’ (COM(2010)0642),

| — | having regard to the Commission communication of 19 October 2010 entitled ‘The EU Budget Review’ (COM(2010)0700) and the technical annexes thereto (SEC(2010)7000), |
| --- | --- |

—

having regard to the Commission communication of 19 October 2010 entitled ‘The EU Budget Review’ (COM(2010)0700) and the technical annexes thereto (SEC(2010)7000),

| — | having regard to the Commission communication of 6 October 2010 entitled ‘Regional Policy contributing to smart growth in Europe 2020’(COM(2010)0553), |
| --- | --- |

—

having regard to the Commission communication of 6 October 2010 entitled ‘Regional Policy contributing to smart growth in Europe 2020’(COM(2010)0553),

| — | having regard to the Commission communication of 31 March 2010 entitled ‘Cohesion policy: Strategic Report 2010 on the implementation of the programmes 2007-2013’ (COM(2010)0110), |
| --- | --- |

—

having regard to the Commission communication of 31 March 2010 entitled ‘Cohesion policy: Strategic Report 2010 on the implementation of the programmes 2007-2013’ (COM(2010)0110),

| — | having regard to the Commission communication of 3 March 2010 entitled ‘Europe 2020: a strategy for smart, sustainable and inclusive growth’ (COM(2010)2020), |
| --- | --- |

—

having regard to the Commission communication of 3 March 2010 entitled ‘Europe 2020: a strategy for smart, sustainable and inclusive growth’ (COM(2010)2020),

| — | having regard to ‘An agenda for a reformed cohesion policy — A place-based approach to meeting European Union challenges and expectations’, an independent report prepared at the request of Danuta Hübner, Commissioner for Regional Policy, by Fabrizio Barca (April 2009), |
| --- | --- |

—

having regard to ‘An agenda for a reformed cohesion policy — A place-based approach to meeting European Union challenges and expectations’, an independent report prepared at the request of Danuta Hübner, Commissioner for Regional Policy, by Fabrizio Barca (April 2009),

| — | 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 Regional Development and the opinion of the Committee on Employment and Social Affairs (A7-0421/2012), |
| --- | --- |

—

having regard to the report of the Committee on Regional Development and the opinion of the Committee on Employment and Social Affairs (A7-0421/2012),

| A. | whereas cohesion policy aims to reduce disparities among EU regions by strengthening economic, social and territorial cohesion, and whereas it has been effective in promoting European integration through social and economic development; |
| --- | --- |

A.

whereas cohesion policy aims to reduce disparities among EU regions by strengthening economic, social and territorial cohesion, and whereas it has been effective in promoting European integration through social and economic development;

| B. | whereas the Common Provisions Regulation (CPR) sets out common rules applicable to all five European funding programmes (European Regional Development Fund (ERDF), European Social Fund (ESF), Cohesion Fund, European Agricultural Fund for Rural Development (EARDF), European Marine and Fisheries Fund (EMFF)) that are designed to implement cohesion, rural and fisheries policies; |
| --- | --- |

B.

whereas the Common Provisions Regulation (CPR) sets out common rules applicable to all five European funding programmes (European Regional Development Fund (ERDF), European Social Fund (ESF), Cohesion Fund, European Agricultural Fund for Rural Development (EARDF), European Marine and Fisheries Fund (EMFF)) that are designed to implement cohesion, rural and fisheries policies;

| C. | whereas the Common Strategic Framework looks at mechanisms to create more coordination among the funds covered by the CPR (ERDF, ESF, Cohesion Fund, EARDF, EMFF) and better integration of the funds covered by the CPR with other EU policy areas; |
| --- | --- |

C.

whereas the Common Strategic Framework looks at mechanisms to create more coordination among the funds covered by the CPR (ERDF, ESF, Cohesion Fund, EARDF, EMFF) and better integration of the funds covered by the CPR with other EU policy areas;

| D. | whereas the territorial dimension is a cross-cutting aspect of cohesion policy and gives European regions the opportunity to make use of individual territorial potential in order to work towards achieving cohesion policy objectives; |
| --- | --- |

D.

whereas the territorial dimension is a cross-cutting aspect of cohesion policy and gives European regions the opportunity to make use of individual territorial potential in order to work towards achieving cohesion policy objectives;

| E. | whereas territorial cohesion is now recognised by the Lisbon Treaty as a fundamental EU objective; |
| --- | --- |

E.

whereas territorial cohesion is now recognised by the Lisbon Treaty as a fundamental EU objective;

Overarching concerns: strengthening the territorial objective

| 1. | Recognises a simplified multi-level governance system as integral to the decision-making process under cohesion policy, with collaboration necessary at every stage at European, national, regional and local level in the planning, development and execution of European funding programmes; calls on the Commission to ensure that this is reflected in the development of clear and well-defined partnership contracts; |
| --- | --- |

1.

Recognises a simplified multi-level governance system as integral to the decision-making process under cohesion policy, with collaboration necessary at every stage at European, national, regional and local level in the planning, development and execution of European funding programmes; calls on the Commission to ensure that this is reflected in the development of clear and well-defined partnership contracts;

| 2. | Highlights the importance of the European code of conduct for Member States, regions and local authorities during the preparation, implementation and monitoring of funding programmes; recognises that, in order to achieve such collaboration, it is important to ensure that decisions are made at the closest possible level to citizens; |
| --- | --- |

2.

Highlights the importance of the European code of conduct for Member States, regions and local authorities during the preparation, implementation and monitoring of funding programmes; recognises that, in order to achieve such collaboration, it is important to ensure that decisions are made at the closest possible level to citizens;

| 3. | Emphasises that, despite significant progress towards convergence in the EU, disparities (e.g. in terms of accessibility) still exist, and are continuing to widen, between EU regions; highlights the fact that the budget for cohesion policy post-2013 must be at least maintained at its current level in order to ensure that support continues to reach areas in need of economic and social regeneration in all regions of the EU; |
| --- | --- |

3.

Emphasises that, despite significant progress towards convergence in the EU, disparities (e.g. in terms of accessibility) still exist, and are continuing to widen, between EU regions; highlights the fact that the budget for cohesion policy post-2013 must be at least maintained at its current level in order to ensure that support continues to reach areas in need of economic and social regeneration in all regions of the EU;

| 4. | Welcomes the Commission’s proposals to focus on measurable results delivered by cohesion policy in order to increase the sustainability of investments and guarantee the effectiveness of funding programmes; highlights the need for the focus on a results-led system to include flexibility at national, regional and local level, taking into account simplification, programming priorities and partnership, so that results-led systems are region-specific; |
| --- | --- |

4.

Welcomes the Commission’s proposals to focus on measurable results delivered by cohesion policy in order to increase the sustainability of investments and guarantee the effectiveness of funding programmes; highlights the need for the focus on a results-led system to include flexibility at national, regional and local level, taking into account simplification, programming priorities and partnership, so that results-led systems are region-specific;

| 5. | Endorses the Commission’s overarching proposals throughout the CPR to reduce administrative burden; highlights the fact, therefore, that rules, checks and eligibility must be made clear from the outset and that successful simplification of administrative procedures can be achieved through an integrated approach to the delivery of funds; |
| --- | --- |

5.

Endorses the Commission’s overarching proposals throughout the CPR to reduce administrative burden; highlights the fact, therefore, that rules, checks and eligibility must be made clear from the outset and that successful simplification of administrative procedures can be achieved through an integrated approach to the delivery of funds;

| 6. | Underlines the importance, in shaping and implementing cohesion policy, of ensuring a fair balance between necessary checks on the use of funds and their effectiveness; |
| --- | --- |

6.

Underlines the importance, in shaping and implementing cohesion policy, of ensuring a fair balance between necessary checks on the use of funds and their effectiveness;

| 7. | Stresses the need to ensure a flexible approach to setting local and regional objectives, with stakeholders at regional level involved at all stages to ensure that European funding programmes meet the needs to tackle social and economic disparities; |
| --- | --- |

7.

Stresses the need to ensure a flexible approach to setting local and regional objectives, with stakeholders at regional level involved at all stages to ensure that European funding programmes meet the needs to tackle social and economic disparities;

| 8. | Emphasises that flexibility should extend to greater provision for projects to operate across different funds covered by the CPR and that this increased flexibility would help to simplify project delivery and increase the complementary and cross-cutting aspects of European funding; |
| --- | --- |

8.

Emphasises that flexibility should extend to greater provision for projects to operate across different funds covered by the CPR and that this increased flexibility would help to simplify project delivery and increase the complementary and cross-cutting aspects of European funding;

| 9. | Emphasises that territorial cohesion objectives are inextricably linked to economic and social challenges and recognises that cohesion policy can make a valuable contribution to delivering on the Europe 2020 targets, especially in the fields of employment, education and poverty reduction, by introducing a territorial dimension to Europe’s growth strategy; |
| --- | --- |

9.

Emphasises that territorial cohesion objectives are inextricably linked to economic and social challenges and recognises that cohesion policy can make a valuable contribution to delivering on the Europe 2020 targets, especially in the fields of employment, education and poverty reduction, by introducing a territorial dimension to Europe’s growth strategy;

| 10. | Highlights the fact that using other funding programmes (e.g. Horizon 2020), possibly in alignment with cohesion policy funding, should also be considered when working towards Europe 2020 objectives; |
| --- | --- |

10.

Highlights the fact that using other funding programmes (e.g. Horizon 2020), possibly in alignment with cohesion policy funding, should also be considered when working towards Europe 2020 objectives;

| 11. | Recognises the increased focus on cities and urban areas as a driver of economic growth; |
| --- | --- |

11.

Recognises the increased focus on cities and urban areas as a driver of economic growth;

| 12. | Highlights the importance of strengthening existing urban-rural linkages and promoting new ones; emphasises that this requires a strong multi-level focus and collaboration between rural and urban stakeholders, and that the right conditions must be created through fostering partnerships and networks in order to encourage rural participation in the integrated activities of a given functional geographical entity; |
| --- | --- |

12.

Highlights the importance of strengthening existing urban-rural linkages and promoting new ones; emphasises that this requires a strong multi-level focus and collaboration between rural and urban stakeholders, and that the right conditions must be created through fostering partnerships and networks in order to encourage rural participation in the integrated activities of a given functional geographical entity;

| 13. | Highlights the need to link territorial cooperation programmes more effectively with territorial strategies and underlines the potential role of the European Grouping of Territorial Cooperation (EGTC) in achieving this; |
| --- | --- |

13.

Highlights the need to link territorial cooperation programmes more effectively with territorial strategies and underlines the potential role of the European Grouping of Territorial Cooperation (EGTC) in achieving this;

| 14. | Emphasises that, due to the differing size, resources and social and economic aspects of cities and urban areas in the EU, the definition of these areas is decided at Member State level; |
| --- | --- |

14.

Emphasises that, due to the differing size, resources and social and economic aspects of cities and urban areas in the EU, the definition of these areas is decided at Member State level;

| 15. | Stresses that territorial cohesion also applies to cohesion within territories i.e. ensuring that the whole area makes an economic contribution, not just the large cities, and emphasises that the potential of small and medium-sized towns in rural areas to make a significant contribution to the region should not be overlooked; |
| --- | --- |

15.

Stresses that territorial cohesion also applies to cohesion within territories i.e. ensuring that the whole area makes an economic contribution, not just the large cities, and emphasises that the potential of small and medium-sized towns in rural areas to make a significant contribution to the region should not be overlooked;

| 16. | Stresses that in order to address the cross-cutting aspects of territorial cohesion with a view to producing tangible results at regional level and fully exploiting the individual potential of regions, clear and well-defined Partnership Contracts are needed; emphasises that this can only be achieved with the involvement of actors at local and regional level, so that all parties can contribute to the preparation and delivery of programmes; highlights that this is especially important when aiming to support territories that face specific challenges, such as cross-border, mountain, island and outermost regions; |
| --- | --- |

16.

Stresses that in order to address the cross-cutting aspects of territorial cohesion with a view to producing tangible results at regional level and fully exploiting the individual potential of regions, clear and well-defined Partnership Contracts are needed; emphasises that this can only be achieved with the involvement of actors at local and regional level, so that all parties can contribute to the preparation and delivery of programmes; highlights that this is especially important when aiming to support territories that face specific challenges, such as cross-border, mountain, island and outermost regions;

Greater integration of European funds for 2014-2020

| 17. | Welcomes CPR proposals that encourage better coordination and integration of funding programmes in order to ensure greater impact of funds, and the stronger presence of the territorial dimension of cohesion policy in the framework for 2014-2020; |
| --- | --- |

17.

Welcomes CPR proposals that encourage better coordination and integration of funding programmes in order to ensure greater impact of funds, and the stronger presence of the territorial dimension of cohesion policy in the framework for 2014-2020;

| 18. | Emphasises that a stronger and more integrated territorial approach to European funding, with adequate capacity-building and the involvement of social and civil society partners at local and regional level, in both urban and rural settings, is a positive way of ensuring that money is directed towards addressing Europe’s long-term social and economic challenges; |
| --- | --- |

18.

Emphasises that a stronger and more integrated territorial approach to European funding, with adequate capacity-building and the involvement of social and civil society partners at local and regional level, in both urban and rural settings, is a positive way of ensuring that money is directed towards addressing Europe’s long-term social and economic challenges;

| 19. | Stresses that improved harmonisation between cohesion policy and other policy areas outlined by the CPR will allow European regions to continue to develop economically by making use of their individual strengths; |
| --- | --- |

19.

Stresses that improved harmonisation between cohesion policy and other policy areas outlined by the CPR will allow European regions to continue to develop economically by making use of their individual strengths;

| 20. | Cites as an example the Wales European Funding Office (WEFO) and its intention of integrating European funds in Wales by creating a single ‘portal’ allowing access to information on all funds covered by the CPR; underlines the potential for WEFO’s ‘portal’ to include a common platform with a single application, payments, monitoring and evaluation process for all funds covered by the CPR; emphasises that this approach would allow for easier identification of potential synergies and integration between funding streams, thus harmonising and simplifying the process of applying for European funds; |
| --- | --- |

20.

Cites as an example the Wales European Funding Office (WEFO) and its intention of integrating European funds in Wales by creating a single ‘portal’ allowing access to information on all funds covered by the CPR; underlines the potential for WEFO’s ‘portal’ to include a common platform with a single application, payments, monitoring and evaluation process for all funds covered by the CPR; emphasises that this approach would allow for easier identification of potential synergies and integration between funding streams, thus harmonising and simplifying the process of applying for European funds;

| 21. | Emphasises that, given the characteristics shared by the funds covered by the CPR and other funding programmes (e.g. Horizon 2020, LIFE+), the effectiveness of European funding could be enhanced by exploring the potential alignment between these funds; |
| --- | --- |

21.

Emphasises that, given the characteristics shared by the funds covered by the CPR and other funding programmes (e.g. Horizon 2020, LIFE+), the effectiveness of European funding could be enhanced by exploring the potential alignment between these funds;

Mechanisms for integrating European Funds

| 22. | Welcomes the proposals for a regulatory framework with a focus on local and integrated development through ‘community-led local development’, ‘joint action plans’ and ‘integrated territorial investment’; |
| --- | --- |

22.

Welcomes the proposals for a regulatory framework with a focus on local and integrated development through ‘community-led local development’, ‘joint action plans’ and ‘integrated territorial investment’;

| 23. | Stresses that, following the Commission’s proposals, all investment must complement local needs and not overlap with other projects; |
| --- | --- |

23.

Stresses that, following the Commission’s proposals, all investment must complement local needs and not overlap with other projects;

| 24. | Calls for a fully integrated approach to related delivery instruments (community-led local development (CLLD), integrated territorial investments (ITIs), joint action plans (JAPs)), allowing local partnerships to choose, according to their individual needs, different combinations of these instruments as appropriate, and for consideration to be given to the possibility of applying flexible arrangements for the purpose of concentrating resources, taking into account the specific needs of Member States and regions; |
| --- | --- |

24.

Calls for a fully integrated approach to related delivery instruments (community-led local development (CLLD), integrated territorial investments (ITIs), joint action plans (JAPs)), allowing local partnerships to choose, according to their individual needs, different combinations of these instruments as appropriate, and for consideration to be given to the possibility of applying flexible arrangements for the purpose of concentrating resources, taking into account the specific needs of Member States and regions;

| 25. | Highlights the need to keep the application of the proposed instrument as simple as possible, so as to avoid adding to the administrative burden of local authorities and to keep in line with simplification objectives; |
| --- | --- |

25.

Highlights the need to keep the application of the proposed instrument as simple as possible, so as to avoid adding to the administrative burden of local authorities and to keep in line with simplification objectives;

| 26. | Considers that institutional capacity at different levels of intervention is a significant element ensuring the successful application of the territorial approach; |
| --- | --- |

26.

Considers that institutional capacity at different levels of intervention is a significant element ensuring the successful application of the territorial approach;

| 27. | Highlights the example of the sub-delegation to councils in the Netherlands, which includes parts of funding programmes (e.g. ERDF) being delegated from the regional authority to local authorities, with actions implemented at local level to address local needs; stresses that allocating management responsibility to local authorities gives greater potential to integrate the best combination of funds tailored to local needs; emphasises that, with the management structures already in place at local level, this approach could benefit the delivery of ITIs at local or sub-local level; |
| --- | --- |

27.

Highlights the example of the sub-delegation to councils in the Netherlands, which includes parts of funding programmes (e.g. ERDF) being delegated from the regional authority to local authorities, with actions implemented at local level to address local needs; stresses that allocating management responsibility to local authorities gives greater potential to integrate the best combination of funds tailored to local needs; emphasises that, with the management structures already in place at local level, this approach could benefit the delivery of ITIs at local or sub-local level;

Community-led local development (CLLD)

| 28. | Supports the Commission’s proposals on CLLD as an important provision of the CPR which will focus on developing synergies between all funds covered by the CPR; |
| --- | --- |

28.

Supports the Commission’s proposals on CLLD as an important provision of the CPR which will focus on developing synergies between all funds covered by the CPR;

| 29. | Considers this instrument to be an excellent way of encouraging bottom-up participation from a cross-section of local community actors working towards sustainable territorial objectives; welcomes, in this connection, the further strengthening of administrative capacity at regional and local level for capacity-building actions aimed at improving the participation of both local and regional authorities and of the social partners; |
| --- | --- |

29.

Considers this instrument to be an excellent way of encouraging bottom-up participation from a cross-section of local community actors working towards sustainable territorial objectives; welcomes, in this connection, the further strengthening of administrative capacity at regional and local level for capacity-building actions aimed at improving the participation of both local and regional authorities and of the social partners;

| 30. | Recognises the past success of the Leader programme as an important tool for the delivery of rural development policy and believes that through CLLD this delivery mechanism can be instrumental in responding to local and regional challenges; supports also the use of CLLD for urban development; |
| --- | --- |

30.

Recognises the past success of the Leader programme as an important tool for the delivery of rural development policy and believes that through CLLD this delivery mechanism can be instrumental in responding to local and regional challenges; supports also the use of CLLD for urban development;

| 31. | Calls for the Commission to clarify its proposals on CLLD in the implementation phase in order to allow potential participants to fully determine the likely purpose, scope and effect of CLLD; looks forward to the publication of a guide to CLLD for Managing Authorities; |
| --- | --- |

31.

Calls for the Commission to clarify its proposals on CLLD in the implementation phase in order to allow potential participants to fully determine the likely purpose, scope and effect of CLLD; looks forward to the publication of a guide to CLLD for Managing Authorities;

| 32. | Recognises the progress made since 2007 with Fisheries Local Action Groups working with Leader Local Action Groups (LAGs) as an example of how future CLLD could combine funds at local level across the funds covered by the CPR; highlights the example of 11 local partnerships in Denmark that use both the EARDF (Leader) and the European Fisheries Fund (Axis 4) to fund projects using the same delivery system and administration; |
| --- | --- |

32.

Recognises the progress made since 2007 with Fisheries Local Action Groups working with Leader Local Action Groups (LAGs) as an example of how future CLLD could combine funds at local level across the funds covered by the CPR; highlights the example of 11 local partnerships in Denmark that use both the EARDF (Leader) and the European Fisheries Fund (Axis 4) to fund projects using the same delivery system and administration;

| 33. | Underlines the need to look at examples such as the integrated use of EARDF and EMFF funds through CLLD in the future programming period as a way of developing synergies between all funds covered by the CPR; |
| --- | --- |

33.

Underlines the need to look at examples such as the integrated use of EARDF and EMFF funds through CLLD in the future programming period as a way of developing synergies between all funds covered by the CPR;

Joint action plans

| 34. | Supports proposals by the CPR to introduce joint action plans to allow groups of projects to be funded by more than one operational programme; |
| --- | --- |

34.

Supports proposals by the CPR to introduce joint action plans to allow groups of projects to be funded by more than one operational programme;

| 35. | Recognises joint action plans as a positive step towards results-based management, in line with one of the overarching aims of cohesion policy post-2013; |
| --- | --- |

35.

Recognises joint action plans as a positive step towards results-based management, in line with one of the overarching aims of cohesion policy post-2013;

| 36. | Stresses the importance of ensuring that these instruments are developed alongside CLLD in order to ensure that CLLD grows into more than merely a strategic tool for local capacity development rather than an investment goal in itself, while promoting, inter alia, social inclusion and combating poverty; |
| --- | --- |

36.

Stresses the importance of ensuring that these instruments are developed alongside CLLD in order to ensure that CLLD grows into more than merely a strategic tool for local capacity development rather than an investment goal in itself, while promoting, inter alia, social inclusion and combating poverty;

| 37. | Calls for clarification on the scope and integration of joint action plans, and on whether they will be used to deliver entire, or only parts of, programmes; |
| --- | --- |

37.

Calls for clarification on the scope and integration of joint action plans, and on whether they will be used to deliver entire, or only parts of, programmes;

| 38. | Recognises that joint action plans can offer effective assistance in achieving the balanced integration of young people into the labour market; points out, however, that excessively long decision-making processes and administrative procedures should be avoided; |
| --- | --- |

38.

Recognises that joint action plans can offer effective assistance in achieving the balanced integration of young people into the labour market; points out, however, that excessively long decision-making processes and administrative procedures should be avoided;

Integrated territorial investment (ITI)

| 39. | Welcomes the proposals for ITIs, which could provide cities with the opportunity to meet their own specific needs by drawing on funding from more than one priority axis to implement operational programmes in an integrated way; |
| --- | --- |

39.

Welcomes the proposals for ITIs, which could provide cities with the opportunity to meet their own specific needs by drawing on funding from more than one priority axis to implement operational programmes in an integrated way;

| 40. | Welcomes further clarification on the scope of ITIs and the potential for the instrument, if it fits local needs, to be used also in non-urban and peri-urban areas, with the use of all the funds covered by the CPR; emphasises that the coherence of ITIs with regional sustainable development strategies has to be ensured in order to improve economic and social cohesion, not only among regions, but also among urban and non-urban areas within the regions; |
| --- | --- |

40.

Welcomes further clarification on the scope of ITIs and the potential for the instrument, if it fits local needs, to be used also in non-urban and peri-urban areas, with the use of all the funds covered by the CPR; emphasises that the coherence of ITIs with regional sustainable development strategies has to be ensured in order to improve economic and social cohesion, not only among regions, but also among urban and non-urban areas within the regions;

| 41. | Highlights the example of a proposed model for ITIs from Greater Manchester, which integrates funding from as many relevant sources as possible to achieve better value from investment; highlights the fact that the development of this model is ongoing and could potentially be used to support a strategy bringing many economic and social benefits to the city region; emphasises that the proposed ITI would integrate ERDF priorities with ESF measures and that, given the increased focus of the ERDF on SMEs and innovation, there is potential for the ITI to create links with Horizon 2020 projects in the future; |
| --- | --- |

41.

Highlights the example of a proposed model for ITIs from Greater Manchester, which integrates funding from as many relevant sources as possible to achieve better value from investment; highlights the fact that the development of this model is ongoing and could potentially be used to support a strategy bringing many economic and social benefits to the city region; emphasises that the proposed ITI would integrate ERDF priorities with ESF measures and that, given the increased focus of the ERDF on SMEs and innovation, there is potential for the ITI to create links with Horizon 2020 projects in the future;

Financial instruments

| 42. | Welcomes the Commission’s proposals for greater use, and extension of the scope, of financial instruments through the creation of simpler and clearer rules to ensure increased effectiveness across all the five funds covered by the CPR; |
| --- | --- |

42.

Welcomes the Commission’s proposals for greater use, and extension of the scope, of financial instruments through the creation of simpler and clearer rules to ensure increased effectiveness across all the five funds covered by the CPR;

| 43. | Highlights the potential of financial instruments, including micro-credits, to open up alternative sources of finance for a wide range of actors to complement traditional financing methods; stresses that in the future funding framework financial instruments should have the ability to lever private funding and offer flexibility to Member States and regions to tailor target sectors and implementation methods to their specific needs; |
| --- | --- |

43.

Highlights the potential of financial instruments, including micro-credits, to open up alternative sources of finance for a wide range of actors to complement traditional financing methods; stresses that in the future funding framework financial instruments should have the ability to lever private funding and offer flexibility to Member States and regions to tailor target sectors and implementation methods to their specific needs;

| 44. | Stresses that financial instruments, as mechanisms allowing cooperation between enterprises, public sector organisations and educational institutions, should also be encouraged as a means of developing an integrated approach to funding; |
| --- | --- |

44.

Stresses that financial instruments, as mechanisms allowing cooperation between enterprises, public sector organisations and educational institutions, should also be encouraged as a means of developing an integrated approach to funding;

Integration of the funds covered by the CPR with other EU policies and instruments

| 45. | Welcomes the proposals in the Common Strategic Framework for Partnership Contracts to outline potential alignment between the funds covered by the CPR and other funding programmes, such as the EU Framework Programme for Research and Innovation (previously FP7, now Horizon 2020), LIFE + and the Connecting Europe Facility; |
| --- | --- |

45.

Welcomes the proposals in the Common Strategic Framework for Partnership Contracts to outline potential alignment between the funds covered by the CPR and other funding programmes, such as the EU Framework Programme for Research and Innovation (previously FP7, now Horizon 2020), LIFE + and the Connecting Europe Facility;

| 46. | Recognises that, while funding programmes such as Horizon 2020 are primarily focused on excellence, Structural Funds have previously been successful in a ‘capacity-building’ role by providing funding to develop businesses or organisations that have then gone on to become partners in FP7 or Competitiveness and Innovation Programme (CIP) projects; |
| --- | --- |

46.

Recognises that, while funding programmes such as Horizon 2020 are primarily focused on excellence, Structural Funds have previously been successful in a ‘capacity-building’ role by providing funding to develop businesses or organisations that have then gone on to become partners in FP7 or Competitiveness and Innovation Programme (CIP) projects;

| 47. | Stresses that the existing synergies between the funds covered by the CPR and Horizon 2020 mean that both sources of funding could potentially be used while working towards complementary thematic objectives; |
| --- | --- |

47.

Stresses that the existing synergies between the funds covered by the CPR and Horizon 2020 mean that both sources of funding could potentially be used while working towards complementary thematic objectives;

Employment and social aspects

| 48. | Stresses that employment and social policies play an important role in sustainable and socially balanced territorial development and have much to contribute to reducing regional disparities and improving the well-being of all citizens while providing equal opportunities for all; |
| --- | --- |

48.

Stresses that employment and social policies play an important role in sustainable and socially balanced territorial development and have much to contribute to reducing regional disparities and improving the well-being of all citizens while providing equal opportunities for all;

| 49. | Stresses that combating poverty includes combating exclusion, and that rural regions with low population density or ageing populations have to deal with insufficient provision of healthcare services, which could be offset to a certain extent by improved accessibility to broadband technologies and the promotion of telemedicine; |
| --- | --- |

49.

Stresses that combating poverty includes combating exclusion, and that rural regions with low population density or ageing populations have to deal with insufficient provision of healthcare services, which could be offset to a certain extent by improved accessibility to broadband technologies and the promotion of telemedicine;

| 50. | Considers that the territorial approach should prove an effective mechanism for supporting SMEs in creating new sustainable jobs and initiating or developing vocational training programmes; considers that entrepreneurial activity aimed at growth and employment and the tapping of potential can work across administrative territorial boundaries, and calls on the Member States to improve the existing conditions for new entrepreneurs in order to better exploit their high potential for creating new sustainable jobs; |
| --- | --- |

50.

Considers that the territorial approach should prove an effective mechanism for supporting SMEs in creating new sustainable jobs and initiating or developing vocational training programmes; considers that entrepreneurial activity aimed at growth and employment and the tapping of potential can work across administrative territorial boundaries, and calls on the Member States to improve the existing conditions for new entrepreneurs in order to better exploit their high potential for creating new sustainable jobs;

| 51. | Underlines the importance of creating strong synergies between cohesion policy and other EU policies, in order to safeguard the effectiveness of cohesion policy in addressing current employment and social challenges; |
| --- | --- |

51.

Underlines the importance of creating strong synergies between cohesion policy and other EU policies, in order to safeguard the effectiveness of cohesion policy in addressing current employment and social challenges;

| 52. | Points out that territorial cooperation and macroregional strategies could be useful instruments for identifying and combating regional disparities, e.g. in access to education and employment, and for promoting convergence between European regions; |
| --- | --- |

52.

Points out that territorial cooperation and macroregional strategies could be useful instruments for identifying and combating regional disparities, e.g. in access to education and employment, and for promoting convergence between European regions;

| 53. | Believes that voluntary mobility of workers and young graduates in the EU could be a solution for regional and local labour market shortages, and encourages Member States and regions to make more effective use of such mobility in order to encourage territorial development and cohesion; |
| --- | --- |

53.

Believes that voluntary mobility of workers and young graduates in the EU could be a solution for regional and local labour market shortages, and encourages Member States and regions to make more effective use of such mobility in order to encourage territorial development and cohesion;

| 54. | Considers it essential to coordinate the actions supported by the ESF at different policy levels, in order to allow an efficient territorial approach; considers it necessary, in particular, to link educational services and facilities to local labour market needs; |
| --- | --- |

54.

Considers it essential to coordinate the actions supported by the ESF at different policy levels, in order to allow an efficient territorial approach; considers it necessary, in particular, to link educational services and facilities to local labour market needs;

| 55. | Believes it is of paramount importance to promote exchanges of best practice between Member States, in the context of meaningful and effective long-term territorial development planning and by promoting decent and sustainable employment with a view to preventing and fighting poverty and unemployment; |
| --- | --- |

55.

Believes it is of paramount importance to promote exchanges of best practice between Member States, in the context of meaningful and effective long-term territorial development planning and by promoting decent and sustainable employment with a view to preventing and fighting poverty and unemployment;

o

o o

| 56. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

56.

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

---

(1)  OJ L 210, 31.7.2006, p. 25.

(2)  OJ L 291, 21.10.2006, p. 11.

(3)  Texts adopted, P7_TA(2011)0316.

(4)  OJ C 390 E, 18.12.2012, p. 27.

(5)  OJ C 380 E, 11.12.2012, p. 89.

(6)  OJ C 390 E, 18.12.2012, p. 10.

(7)  OJ C 390 E, 18.12.2012, p. 18.

(8)  OJ C 371 E, 20.12.2011, p. 39.

(9)  OJ C 161 E, 31.5.2011, p. 120.

(10)  OJ C 161 E, 31.5.2011, p. 104.

(11)  Polish Presidency Conclusions on the territorial dimension of EU policies and the future Cohesion Policy, ‘Towards an integrated, territorially differentiated and institutionally smart response to EU challenges’, 24—25 November 2011, Poznań.

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| 30.12.2015 | EN | Official Journal of the European Union | C 440/13 |
| --- | --- | --- | --- |

30.12.2015

EN

Official Journal of the European Union

C 440/13

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P7_TA(2013)0003

European Union Solidarity Fund, implementation and application

European Parliament resolution of 15 January 2013 on the European Union Solidarity Fund, implementation and application (2012/2075(INI))

(2015/C 440/03)

The European Parliament,

| — | having regard to Articles 175, 212 and 222 of the TFEU, |
| --- | --- |

—

having regard to Articles 175, 212 and 222 of the TFEU,

| — | having regard to Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (1), |
| --- | --- |

—

having regard to Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (1),

| — | having regard to the Interinstitutional Agreement of 7 November 2002 between the European Parliament, the Council and the Commission on the financing of the European Union Solidarity Fund supplementing the Interinstitutional Agreement of 6 May 1999 on budgetary discipline and improvement of the budgetary procedure (2), |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 7 November 2002 between the European Parliament, the Council and the Commission on the financing of the European Union Solidarity Fund supplementing the Interinstitutional Agreement of 6 May 1999 on budgetary discipline and improvement of the budgetary procedure (2),

| — | having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on The Future of the European Union Solidarity Fund (COM(2011)0613), |
| --- | --- |

—

having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on The Future of the European Union Solidarity Fund (COM(2011)0613),

| — | having regard to the report from the Commission on the European Union Solidarity Fund 2010 (COM(2011)0694), |
| --- | --- |

—

having regard to the report from the Commission on the European Union Solidarity Fund 2010 (COM(2011)0694),

| — | having regard to the report from the Commission on the European Union Solidarity Fund — Annual Report 2008 and Report on the experience gained after six years of applying the new instrument (COM(2009)0193), |
| --- | --- |

—

having regard to the report from the Commission on the European Union Solidarity Fund — Annual Report 2008 and Report on the experience gained after six years of applying the new instrument (COM(2009)0193),

| — | having regard to its position of 18 May 2006 on the proposal for a regulation of the European Parliament and of the Council establishing the European Union Solidarity Fund (3), |
| --- | --- |

—

having regard to its position of 18 May 2006 on the proposal for a regulation of the European Parliament and of the Council establishing the European Union Solidarity Fund (3),

| — | having regard to the opinion of the European Economic and Social Committee on the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the future of the European Union Solidarity Fund (4), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee on the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the future of the European Union Solidarity Fund (4),

| — | having regard to Court of Auditors Special Report No 3/2008 — The European Union Solidarity Fund: how rapid, efficient and flexible is it? (5), |
| --- | --- |

—

having regard to Court of Auditors Special Report No 3/2008 — The European Union Solidarity Fund: how rapid, efficient and flexible is it? (5),

| — | 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 Regional Development (A7-0398/2012), |
| --- | --- |

—

having regard to the report of the Committee on Regional Development (A7-0398/2012),

| A. | whereas Article 222 of the TFEU stipulates that the Union and its Member States must act jointly in a spirit of solidarity if a Member State is the victim of a natural or man-made disaster or the object of a terrorist attack; |
| --- | --- |

A.

whereas Article 222 of the TFEU stipulates that the Union and its Member States must act jointly in a spirit of solidarity if a Member State is the victim of a natural or man-made disaster or the object of a terrorist attack;

| B. | whereas the European Union Solidarity Fund (EUSF) is the main instrument for demonstrating Union solidarity by providing significant financial support for Member States or regions affected by serious disasters; |
| --- | --- |

B.

whereas the European Union Solidarity Fund (EUSF) is the main instrument for demonstrating Union solidarity by providing significant financial support for Member States or regions affected by serious disasters;

| C. | whereas, where its mobilisation is necessary, the EUSF is widely seen as one of the most satisfactory instruments available to the European Union since it is the clearest, most decisive and most significant expression of European solidarity with its citizens in the face of a difficult situation; |
| --- | --- |

C.

whereas, where its mobilisation is necessary, the EUSF is widely seen as one of the most satisfactory instruments available to the European Union since it is the clearest, most decisive and most significant expression of European solidarity with its citizens in the face of a difficult situation;

| D. | whereas the 2005 legislative proposal for a new EUSF regulation was widely supported in the European Parliament but proved unacceptable for the majority of the Member States and was finally withdrawn by the Commission; |
| --- | --- |

D.

whereas the 2005 legislative proposal for a new EUSF regulation was widely supported in the European Parliament but proved unacceptable for the majority of the Member States and was finally withdrawn by the Commission;

| E. | whereas the current crisis obliges Member States and the EU not to incur excessive spending; |
| --- | --- |

E.

whereas the current crisis obliges Member States and the EU not to incur excessive spending;

| F. | whereas a series of reports (6) have concluded that the current EUSF Regulation needs to be amended with the primary objective of making it more flexible and improving its operability, whilst complying with the subsidiarity principle; |
| --- | --- |

F.

whereas a series of reports (6) have concluded that the current EUSF Regulation needs to be amended with the primary objective of making it more flexible and improving its operability, whilst complying with the subsidiarity principle;

Implementation of the EUSF

| 1. | Highlights the importance of the EUSF as the main instrument allowing the European Union to respond to a serious disaster occurring within Union territory or in countries negotiating their accession to the EU; |
| --- | --- |

1.

Highlights the importance of the EUSF as the main instrument allowing the European Union to respond to a serious disaster occurring within Union territory or in countries negotiating their accession to the EU;

| 2. | Stresses that, even though it is highly regarded by the public, the way in which it operates needs to be improved so as to make it more flexible and raise its profile, with a view to boosting the European Union’s credibility among its citizens; |
| --- | --- |

2.

Stresses that, even though it is highly regarded by the public, the way in which it operates needs to be improved so as to make it more flexible and raise its profile, with a view to boosting the European Union’s credibility among its citizens;

| 3. | Highlights the importance of the aid given to Member States by the EUSF in order to ease the burden on public finances when dealing with emergencies caused by a serious disaster, which in many cases would overstretch them; |
| --- | --- |

3.

Highlights the importance of the aid given to Member States by the EUSF in order to ease the burden on public finances when dealing with emergencies caused by a serious disaster, which in many cases would overstretch them;

| 4. | Considers that the time currently taken to mobilise the fund is unacceptably long and accordingly points to the need to improve the effectiveness and speed of the administrative procedures required for its mobilisation, which entail intervention by three European institutions before approval can be granted, with the result that these procedures excessively delay and prolong the time taken to assist Member States affected by a disaster, thereby falling short of the results hoped for; |
| --- | --- |

4.

Considers that the time currently taken to mobilise the fund is unacceptably long and accordingly points to the need to improve the effectiveness and speed of the administrative procedures required for its mobilisation, which entail intervention by three European institutions before approval can be granted, with the result that these procedures excessively delay and prolong the time taken to assist Member States affected by a disaster, thereby falling short of the results hoped for;

| 5. | Points out that the majority of applications (63 %) were submitted under the exceptional category of ‘regional disaster’, and that 66 % of them were rejected following assessment by the Commission; |
| --- | --- |

5.

Points out that the majority of applications (63 %) were submitted under the exceptional category of ‘regional disaster’, and that 66 % of them were rejected following assessment by the Commission;

| 6. | Takes the view that, in the case of what are considered ‘slowly unfolding’ disasters, the current provisions of the regulation pose legal and practical difficulties for mobilisation, and therefore requests that the Commission consider showing greater flexibility with regard to the deadline set for submitting applications, so that particular attention can be paid to ensuring that such damage can also be covered by the EUSF; |
| --- | --- |

6.

Takes the view that, in the case of what are considered ‘slowly unfolding’ disasters, the current provisions of the regulation pose legal and practical difficulties for mobilisation, and therefore requests that the Commission consider showing greater flexibility with regard to the deadline set for submitting applications, so that particular attention can be paid to ensuring that such damage can also be covered by the EUSF;

Recommendations for improving the EUSF

| 7. | Welcomes the Commission’s decision on the need to revise the current EUSF Regulation with the aim of improving its functioning and operation; shares the Commission’s opinion that, in view of the current economic crisis, the proposed amendment to the rules should not pose any additional burden on the budgets of either the Union or the Member States; |
| --- | --- |

7.

Welcomes the Commission’s decision on the need to revise the current EUSF Regulation with the aim of improving its functioning and operation; shares the Commission’s opinion that, in view of the current economic crisis, the proposed amendment to the rules should not pose any additional burden on the budgets of either the Union or the Member States;

| 8. | Points out that the principle that the party responsible for damage must pay should continue to apply, so that making use of the EUSF cannot exempt those responsible for a disaster from their liability; |
| --- | --- |

8.

Points out that the principle that the party responsible for damage must pay should continue to apply, so that making use of the EUSF cannot exempt those responsible for a disaster from their liability;

| 9. | Considers that opposition from a number of Member States, fearing that significant changes to the legal basis of this instrument would entail higher financial outgoings, is unjustified and has restricted the adjustment of the 2002 Regulation to a number of clarifications and an attempt to improve its operability; points out that, regrettably, disasters in the European Union’s regions have increased significantly in number, nature, severity and intensity since the Fund was created; |
| --- | --- |

9.

Considers that opposition from a number of Member States, fearing that significant changes to the legal basis of this instrument would entail higher financial outgoings, is unjustified and has restricted the adjustment of the 2002 Regulation to a number of clarifications and an attempt to improve its operability; points out that, regrettably, disasters in the European Union’s regions have increased significantly in number, nature, severity and intensity since the Fund was created;

| 10. | Nevertheless welcomes the fact that simply making certain adjustments to the rules in force will achieve significant improvements to its operation whilst maintaining its rationale and character, which is chiefly to provide a flexible and effective instrument that can provide prompt assistance for citizens affected by a phenomenon that has serious repercussions on their living conditions and well-being; |
| --- | --- |

10.

Nevertheless welcomes the fact that simply making certain adjustments to the rules in force will achieve significant improvements to its operation whilst maintaining its rationale and character, which is chiefly to provide a flexible and effective instrument that can provide prompt assistance for citizens affected by a phenomenon that has serious repercussions on their living conditions and well-being;

| 11. | Wonders whether a clearer and more precise definition of the concept of disasters might help to reduce the scepticism felt by many of the Member States that are opposed to in-depth reform of this EU instrument; |
| --- | --- |

11.

Wonders whether a clearer and more precise definition of the concept of disasters might help to reduce the scepticism felt by many of the Member States that are opposed to in-depth reform of this EU instrument;

Reducing the time taken to provide aid

| 12. | Highlights the urgent need to simplify the bureaucratic procedures necessary to mobilise this EU instrument with a view to reducing the time that elapses between the point at which the disaster occurs and the point at which the Member State or region affected receives aid, which in some cases extends for more than a year; points out, nevertheless, that this instrument was not created to provide a rapid response but to re-finance emergency operations financed initially by the public authorities in the affected country; |
| --- | --- |

12.

Highlights the urgent need to simplify the bureaucratic procedures necessary to mobilise this EU instrument with a view to reducing the time that elapses between the point at which the disaster occurs and the point at which the Member State or region affected receives aid, which in some cases extends for more than a year; points out, nevertheless, that this instrument was not created to provide a rapid response but to re-finance emergency operations financed initially by the public authorities in the affected country;

| 13. | Welcomes the Commission’s proposal to contribute to the simplification of the procedures at European level so as to reduce delays; underlines that Member States should also analyse their administrative procedures and identify and remove possible bottlenecks that might bear an obstacle to faster mobilisation of assistance to the affected regions; |
| --- | --- |

13.

Welcomes the Commission’s proposal to contribute to the simplification of the procedures at European level so as to reduce delays; underlines that Member States should also analyse their administrative procedures and identify and remove possible bottlenecks that might bear an obstacle to faster mobilisation of assistance to the affected regions;

| 14. | Calls on the Member States to cooperate closely with local and regional authorities at all stages of implementation, in order to ensure that Union assistance is visible and effective on the ground, and to promote sustainable solutions; |
| --- | --- |

14.

Calls on the Member States to cooperate closely with local and regional authorities at all stages of implementation, in order to ensure that Union assistance is visible and effective on the ground, and to promote sustainable solutions;

| 15. | Finds the Commission’s proposal in relation to merging grant decisions and implementation agreements between the Commission and Member States interesting and appropriate once Parliament and the Council have made the financial resources available, since it would save time and therefore allow a more rapid response; |
| --- | --- |

15.

Finds the Commission’s proposal in relation to merging grant decisions and implementation agreements between the Commission and Member States interesting and appropriate once Parliament and the Council have made the financial resources available, since it would save time and therefore allow a more rapid response;

| 16. | Takes the view that, given the uncertainty and unforeseeability concerning the number and severity of disasters that might occur, the EUSF should remain outside the Union budget, as is currently the case, and be mobilised when disasters happen; |
| --- | --- |

16.

Takes the view that, given the uncertainty and unforeseeability concerning the number and severity of disasters that might occur, the EUSF should remain outside the Union budget, as is currently the case, and be mobilised when disasters happen;

| 17. | Endorses the idea that introducing the possibility to pay advances as soon as the affected State has applied for assistance is also a viable option for speeding up the process of making aid available to countries affected by a major disaster, and that it would help to make the EUSF more effective; takes the view that, if such a decision is taken, advances should represent a fixed percentage of the total aid that is expected to be provided and they would have to be returned to the Union budget in the event that the application was not accepted; |
| --- | --- |

17.

Endorses the idea that introducing the possibility to pay advances as soon as the affected State has applied for assistance is also a viable option for speeding up the process of making aid available to countries affected by a major disaster, and that it would help to make the EUSF more effective; takes the view that, if such a decision is taken, advances should represent a fixed percentage of the total aid that is expected to be provided and they would have to be returned to the Union budget in the event that the application was not accepted;

Greater clarity as regards scope and definitions

| 18. | Calls on the Commission to define the scope and area covered by the Fund clearly, removing any possible legal uncertainty as to its scope and avoiding a situation where Member States submit applications under pressure from their citizens even though they know their applications will have to be rejected; |
| --- | --- |

18.

Calls on the Commission to define the scope and area covered by the Fund clearly, removing any possible legal uncertainty as to its scope and avoiding a situation where Member States submit applications under pressure from their citizens even though they know their applications will have to be rejected;

| 19. | Takes the view that, where a disaster has ‘cascading’ effects, the ‘collateral’ damage should still be covered by the Fund where it has a significant impact on a region’s socio-economic structure; |
| --- | --- |

19.

Takes the view that, where a disaster has ‘cascading’ effects, the ‘collateral’ damage should still be covered by the Fund where it has a significant impact on a region’s socio-economic structure;

| 20. | Stresses the need to define clearly and simply what is a disaster at regional level and to clarify the eligibility of disasters that occur at regional level, introducing a simple and objective criterion that will make it possible to assimilate them to other disasters and remove any possibility of speculative interpretation, and any doubt among applicants as to their eligibility; |
| --- | --- |

20.

Stresses the need to define clearly and simply what is a disaster at regional level and to clarify the eligibility of disasters that occur at regional level, introducing a simple and objective criterion that will make it possible to assimilate them to other disasters and remove any possibility of speculative interpretation, and any doubt among applicants as to their eligibility;

| 21. | Takes the view that the criterion based on the income threshold could be used as a general basic criterion for all types of disaster; stresses that, in the event that it is set as an indicator for determining the eligibility of a regional disaster, it should be adjusted in line with regional GDP in the last year for which official figures are available, applying a pre-defined weighting factor which would include losses that are not quantifiable in terms of income and the direct and indirect effects that generally accompany a regional disaster, which are frequently far greater than those calculated in terms of income; |
| --- | --- |

21.

Takes the view that the criterion based on the income threshold could be used as a general basic criterion for all types of disaster; stresses that, in the event that it is set as an indicator for determining the eligibility of a regional disaster, it should be adjusted in line with regional GDP in the last year for which official figures are available, applying a pre-defined weighting factor which would include losses that are not quantifiable in terms of income and the direct and indirect effects that generally accompany a regional disaster, which are frequently far greater than those calculated in terms of income;

| 22. | Takes the view that the proposed damage threshold of 1,5 % of regional GDP at NUTS 2 level (7) for the purpose of defining the eligibility of a regional disaster would clarify expectations as regards whether or not a potential application for mobilisation of the fund will be eligible, but stresses that, given that this will produce practically the same result as the current criteria for regional disasters, virtually all such regional disasters will continue to be ineligible; points out, therefore, that such a high threshold will not provide the response that citizens expect, and will therefore not prevent frustration among the victims of a disaster, who will, on the contrary, continue to condemn the Union’s actions and accuse it of lacking sensitivity towards its citizens; |
| --- | --- |

22.

Takes the view that the proposed damage threshold of 1,5 % of regional GDP at NUTS 2 level (7) for the purpose of defining the eligibility of a regional disaster would clarify expectations as regards whether or not a potential application for mobilisation of the fund will be eligible, but stresses that, given that this will produce practically the same result as the current criteria for regional disasters, virtually all such regional disasters will continue to be ineligible; points out, therefore, that such a high threshold will not provide the response that citizens expect, and will therefore not prevent frustration among the victims of a disaster, who will, on the contrary, continue to condemn the Union’s actions and accuse it of lacking sensitivity towards its citizens;

| 23. | Recalls that disaster prevention plays a vital role in Union’s policies and represents the cheapest way to reduce vulnerability towards disasters; underlines that EU regions should make coherent use of all the different funding opportunities for sustainable disaster prevention; |
| --- | --- |

23.

Recalls that disaster prevention plays a vital role in Union’s policies and represents the cheapest way to reduce vulnerability towards disasters; underlines that EU regions should make coherent use of all the different funding opportunities for sustainable disaster prevention;

| 24. | Stresses that it must be clear that drought will continue to be regarded as a type of disaster that is eligible for the EUSF, with a focus on mitigating the socio-economic and environmental effects of droughts in the context of the Water Framework Directive, taking account of the fact that this is a lasting structural problem which is difficult to square with the deadlines for applications set and which has serious repercussions on the social and economic development of the regions affected; urges that, in the event of serious droughts or other slowly unfolding disasters, specific provisions should be introduced setting the date of first public authority intervention to combat the disaster, thereby allowing a rapid and legally clear response; |
| --- | --- |

24.

Stresses that it must be clear that drought will continue to be regarded as a type of disaster that is eligible for the EUSF, with a focus on mitigating the socio-economic and environmental effects of droughts in the context of the Water Framework Directive, taking account of the fact that this is a lasting structural problem which is difficult to square with the deadlines for applications set and which has serious repercussions on the social and economic development of the regions affected; urges that, in the event of serious droughts or other slowly unfolding disasters, specific provisions should be introduced setting the date of first public authority intervention to combat the disaster, thereby allowing a rapid and legally clear response;

| 25. | Urges the Commission to examine and adapt the criteria so that the EUSF can respond to Mediterranean natural disasters which, partly due to climate change, represent the most serious natural disasters that have been occurring in the Union in recent years; |
| --- | --- |

25.

Urges the Commission to examine and adapt the criteria so that the EUSF can respond to Mediterranean natural disasters which, partly due to climate change, represent the most serious natural disasters that have been occurring in the Union in recent years;

| 26. | Points out that the EUSF does not cover all the damage arising from a natural disaster, and damage covered under this instrument should therefore be properly defined in a future proposal for a regulation; |
| --- | --- |

26.

Points out that the EUSF does not cover all the damage arising from a natural disaster, and damage covered under this instrument should therefore be properly defined in a future proposal for a regulation;

| 27. | Points out that it is very difficult to respond adequately, at EU level, to serious man-made crises with the existing instruments, as has been seen in the case of industrial accidents and serious public health crises, and that where such disasters occur, the Union needs to have suitable instruments to offer an appropriate response; |
| --- | --- |

27.

Points out that it is very difficult to respond adequately, at EU level, to serious man-made crises with the existing instruments, as has been seen in the case of industrial accidents and serious public health crises, and that where such disasters occur, the Union needs to have suitable instruments to offer an appropriate response;

| 28. | Highlights the need for the EUSF to complement other funding instruments, such as the structural funds, when responding to natural disasters, taking advantage of the creation of synergies with these mechanisms and associated programmes; |
| --- | --- |

28.

Highlights the need for the EUSF to complement other funding instruments, such as the structural funds, when responding to natural disasters, taking advantage of the creation of synergies with these mechanisms and associated programmes;

| 29. | Stresses that the regions should have sufficient flexibility in the forthcoming financial framework 2014-2020, and that they should be able to redistribute the resources allocated to them so that they can boost the resources available in the event of a disaster, if they consider this necessary and appropriate, and calls on the Commission to revise the regulation in force in good time for the new financial period; |
| --- | --- |

29.

Stresses that the regions should have sufficient flexibility in the forthcoming financial framework 2014-2020, and that they should be able to redistribute the resources allocated to them so that they can boost the resources available in the event of a disaster, if they consider this necessary and appropriate, and calls on the Commission to revise the regulation in force in good time for the new financial period;

o

o o

| 30. | Instructs its President to forward this resolution to the Council and the Commission, and to the national parliaments. |
| --- | --- |

30.

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

---

(1)  OJ L 311, 14.11.2002, p. 3.

(2)  OJ C 283, 20.11.2002, p. 1.

(3)  OJ C 297 E, 7.12.2006, p. 331.

(4)  OJ C 181, 21.6.2012, p. 52.

(5)  OJ C 153, 18.6.2008, p. 1.

(6)  Court of Auditors Special report No3/2008; report from the Commission on the European Union Solidarity Fund 2010; report from the Commission on the European Union Solidarity Fund — Annual Report 2008 and Report on the experience gained after six years of applying the new instrument; Opinion of the European Economic and Social Committee on the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the future of the European Union Solidarity Fund.

(7)  Eurostat nomenclature of territorial units for statistics, regional level 2: basic regions for the application of regional policies.

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| 30.12.2015 | EN | Official Journal of the European Union | C 440/17 |
| --- | --- | --- | --- |

30.12.2015

EN

Official Journal of the European Union

C 440/17

---

P7_TA(2013)0004

EU administrative procedure law

European Parliament resolution of 15 January 2013 with recommendations to the Commission on a Law of Administrative Procedure of the European Union (2012/2024(INL))

(2015/C 440/04)

The European Parliament,

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

—

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

| — | having regard to Article 298 of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 298 of the Treaty on the Functioning of the European Union,

| — | having regard to Article 41 of the Charter of Fundamental Rights of the European Union, which provides that the right to good administration is a fundamental right, |
| --- | --- |

—

having regard to Article 41 of the Charter of Fundamental Rights of the European Union, which provides that the right to good administration is a fundamental right,

| — | having regard to Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (1), |
| --- | --- |

—

having regard to Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (1),

| — | having regard to Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (2), |
| --- | --- |

—

having regard to Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (2),

| — | having regard to the extensive case-law of the Court of Justice of the European Union, which has recognised a set of general principles of administrative law based on the constitutional traditions of the Member States, |
| --- | --- |

—

having regard to the extensive case-law of the Court of Justice of the European Union, which has recognised a set of general principles of administrative law based on the constitutional traditions of the Member States,

| — | having regard to its resolution of 6 September 2001 on the European Ombudsman's Special Report to the European Parliament following the own-initiative inquiry into the existence and the public accessibility, in the different Community institutions and bodies, of a Code of Good Administrative Behaviour (3), |
| --- | --- |

—

having regard to its resolution of 6 September 2001 on the European Ombudsman's Special Report to the European Parliament following the own-initiative inquiry into the existence and the public accessibility, in the different Community institutions and bodies, of a Code of Good Administrative Behaviour (3),

| — | having regard to Commission Decision 2000/633/EC, ECSC, Euratom of 17 October 2000 amending its Rules of Procedure by annexing a Code of Good Administrative behaviour for staff of the European Commission in their relations with the Public (4), |
| --- | --- |

—

having regard to Commission Decision 2000/633/EC, ECSC, Euratom of 17 October 2000 amending its Rules of Procedure by annexing a Code of Good Administrative behaviour for staff of the European Commission in their relations with the Public (4),

| — | having regard to the Decision of the Secretary-General of the Council/High Representative for Common Foreign and Security Policy of 25 June 2001 on a code of good administrative behaviour for the General Secretariat of the Council of the European Union and its staff in their professional relations with the public (5), |
| --- | --- |

—

having regard to the Decision of the Secretary-General of the Council/High Representative for Common Foreign and Security Policy of 25 June 2001 on a code of good administrative behaviour for the General Secretariat of the Council of the European Union and its staff in their professional relations with the public (5),

| — | having regard to the Council of Europe's Recommendation CM/Rec(2007)7 of the Committee of Ministers to member states on good administration, dated 20 June 2007, |
| --- | --- |

—

having regard to the Council of Europe's Recommendation CM/Rec(2007)7 of the Committee of Ministers to member states on good administration, dated 20 June 2007,

| — | having regard to the ‘Public service principles for the EU civil service’ published by the European Ombudsman on 19 June 2012, |
| --- | --- |

—

having regard to the ‘Public service principles for the EU civil service’ published by the European Ombudsman on 19 June 2012,

| — | having regard to the survey commissioned by the Swedish Government from the Swedish Agency for Public Management on the principles of good administration in the Member States of the European Union (6), |
| --- | --- |

—

having regard to the survey commissioned by the Swedish Government from the Swedish Agency for Public Management on the principles of good administration in the Member States of the European Union (6),

| — | having regard to the briefing notes presented at the Conference on EU administrative law organised by the Policy Department of Parliament's Committee on Legal Affairs and the University of León (León, 27—28 April 2011), |
| --- | --- |

—

having regard to the briefing notes presented at the Conference on EU administrative law organised by the Policy Department of Parliament's Committee on Legal Affairs and the University of León (León, 27—28 April 2011),

| — | having regard to the recommendations included in the working document on the state of play and future prospects for EU administrative law presented by the Working Group on EU Administrative Law to the Committee of Legal Affairs on 22 November 2011, |
| --- | --- |

—

having regard to the recommendations included in the working document on the state of play and future prospects for EU administrative law presented by the Working Group on EU Administrative Law to the Committee of Legal Affairs on 22 November 2011,

| — | having regard to the European Added Value Assessment on a Law of Administrative Procedure of the European Union, presented by the European Added Value Unit to the Committee of Legal Affairs on 6 November 2012, |
| --- | --- |

—

having regard to the European Added Value Assessment on a Law of Administrative Procedure of the European Union, presented by the European Added Value Unit to the Committee of Legal Affairs on 6 November 2012,

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

—

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

| — | having regard to the report of the Committee on Legal Affairs and the opinions of the Committee on Constitutional Affairs and the Committee on Petitions (A7-0369/2012), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs and the opinions of the Committee on Constitutional Affairs and the Committee on Petitions (A7-0369/2012),

| A. | whereas with the development of the competences of the European Union, citizens are increasingly directly confronted with the Union's administration, without always having the corresponding procedural rights which they could enforce against it in cases where such actions may prove necessary; |
| --- | --- |

A.

whereas with the development of the competences of the European Union, citizens are increasingly directly confronted with the Union's administration, without always having the corresponding procedural rights which they could enforce against it in cases where such actions may prove necessary;

| B. | whereas citizens are entitled to expect a high level of transparency, efficiency, swift execution and responsiveness from the Union's administration, regardless of whether they are making a formal complaint or exercising their right of petition under the Treaty, together with information as to the possibility of their taking any further action in the matter; |
| --- | --- |

B.

whereas citizens are entitled to expect a high level of transparency, efficiency, swift execution and responsiveness from the Union's administration, regardless of whether they are making a formal complaint or exercising their right of petition under the Treaty, together with information as to the possibility of their taking any further action in the matter;

| C. | whereas the Union's existing rules and principles on good administration are scattered across a wide variety of sources: primary law, case-law of the Court of Justice of the European Union, secondary legislation, soft law and unilateral commitments by the Union's institutions; |
| --- | --- |

C.

whereas the Union's existing rules and principles on good administration are scattered across a wide variety of sources: primary law, case-law of the Court of Justice of the European Union, secondary legislation, soft law and unilateral commitments by the Union's institutions;

| D. | whereas the fact that the Union lacks a coherent and comprehensive set of codified rules of administrative law makes it difficult for citizens to understand their administrative rights under Union law; |
| --- | --- |

D.

whereas the fact that the Union lacks a coherent and comprehensive set of codified rules of administrative law makes it difficult for citizens to understand their administrative rights under Union law;

| E. | whereas the existing internal codes of conduct of the different institutions have a limited effect, differ from one another and are not legally binding; |
| --- | --- |

E.

whereas the existing internal codes of conduct of the different institutions have a limited effect, differ from one another and are not legally binding;

| F. | whereas in its abovementioned resolution of 6 September 2001, in the belief that the same code of good administrative behaviour should apply to all Union institutions, bodies and agencies, Parliament approved with amendments the European Code of Good Administrative Behaviour drafted by the Ombudsman; |
| --- | --- |

F.

whereas in its abovementioned resolution of 6 September 2001, in the belief that the same code of good administrative behaviour should apply to all Union institutions, bodies and agencies, Parliament approved with amendments the European Code of Good Administrative Behaviour drafted by the Ombudsman;

| G. | whereas in the same resolution Parliament called on the Commission to submit a proposal for a regulation containing a code of Good Administrative Behaviour based on Article 308 of the Treaty establishing the European Community; |
| --- | --- |

G.

whereas in the same resolution Parliament called on the Commission to submit a proposal for a regulation containing a code of Good Administrative Behaviour based on Article 308 of the Treaty establishing the European Community;

| H. | whereas, as emphasised by the Ombudsman, this would help eliminate the confusion currently arising from the parallel existence of different codes for most Union institutions and bodies, would ensure that the institutions and bodies apply the same basic principles in their relations with citizens and would underline, both for citizens and for officials, the importance of such principles; |
| --- | --- |

H.

whereas, as emphasised by the Ombudsman, this would help eliminate the confusion currently arising from the parallel existence of different codes for most Union institutions and bodies, would ensure that the institutions and bodies apply the same basic principles in their relations with citizens and would underline, both for citizens and for officials, the importance of such principles;

| I. | whereas all actions of the Union must comply with the rule of law under a strict separation of powers; |
| --- | --- |

I.

whereas all actions of the Union must comply with the rule of law under a strict separation of powers;

| J. | whereas the fundamental right to good administration enshrined in Article 41 of the Charter of Fundamental Rights of the European Union has become legally binding as primary law; |
| --- | --- |

J.

whereas the fundamental right to good administration enshrined in Article 41 of the Charter of Fundamental Rights of the European Union has become legally binding as primary law;

| K. | whereas rules on good administration promote transparency and accountability; |
| --- | --- |

K.

whereas rules on good administration promote transparency and accountability;

| L. | whereas a pressing problem facing the European Union today is the lack of confidence on the part of citizens, which can affect its legitimacy; whereas the European Union needs to address swift, clear and visible answers to the citizens in order to respond to their worries; |
| --- | --- |

L.

whereas a pressing problem facing the European Union today is the lack of confidence on the part of citizens, which can affect its legitimacy; whereas the European Union needs to address swift, clear and visible answers to the citizens in order to respond to their worries;

| M. | whereas the codification of the service principle — that is, the principle that the administration should seek to guide, help, serve and support citizens, act with appropriate courtesy and therefore avoid unnecessarily cumbersome and lengthy procedures, thus saving the time and effort both of citizens and of officials — would help to meet the legitimate expectations of citizens and benefit both citizens and the administration in terms of improved service and increased efficiency; whereas awareness of the right of Union citizens to good administration should be increased, including through the Commission's relevant information services and networks; |
| --- | --- |

M.

whereas the codification of the service principle — that is, the principle that the administration should seek to guide, help, serve and support citizens, act with appropriate courtesy and therefore avoid unnecessarily cumbersome and lengthy procedures, thus saving the time and effort both of citizens and of officials — would help to meet the legitimate expectations of citizens and benefit both citizens and the administration in terms of improved service and increased efficiency; whereas awareness of the right of Union citizens to good administration should be increased, including through the Commission's relevant information services and networks;

| N. | whereas, taking into account the recommendations of the Group of States against corruption (GRECO) of the Council of Europe, a clear and binding set of rules for the Union's administration would be a positive signal in the fight against corruption in public administrations; |
| --- | --- |

N.

whereas, taking into account the recommendations of the Group of States against corruption (GRECO) of the Council of Europe, a clear and binding set of rules for the Union's administration would be a positive signal in the fight against corruption in public administrations;

| O. | whereas a core set of principles of good administration is currently widely accepted among Member States; |
| --- | --- |

O.

whereas a core set of principles of good administration is currently widely accepted among Member States;

| P. | whereas the case-law of the Court of Justice has developed well-established procedural principles which apply to Member States' procedures in community matters and which should a fortiori apply to direct administration by the Union; |
| --- | --- |

P.

whereas the case-law of the Court of Justice has developed well-established procedural principles which apply to Member States' procedures in community matters and which should a fortiori apply to direct administration by the Union;

| Q. | whereas a European Law of Administrative Procedure would help the Union's administration in using its power of internal organisation to facilitate and promote the highest standards of administration; |
| --- | --- |

Q.

whereas a European Law of Administrative Procedure would help the Union's administration in using its power of internal organisation to facilitate and promote the highest standards of administration;

| R. | whereas a European Law of Administrative Procedure would enhance the Union's legitimacy and increase the confidence of citizens in the Union's administration; |
| --- | --- |

R.

whereas a European Law of Administrative Procedure would enhance the Union's legitimacy and increase the confidence of citizens in the Union's administration;

| S. | whereas a European Law of Administrative Procedure could strengthen a spontaneous convergence of national administrative law, with regard to general principles of procedure and the fundamental rights of citizens vis-à-vis the administration, and thus strengthen the process of integration; |
| --- | --- |

S.

whereas a European Law of Administrative Procedure could strengthen a spontaneous convergence of national administrative law, with regard to general principles of procedure and the fundamental rights of citizens vis-à-vis the administration, and thus strengthen the process of integration;

| T. | whereas a European Law of Administrative Procedure could foster cooperation and the exchange of best practices between national administrations and the Union's administration, in order to fulfil the objectives set up by Article 298 of the Treaty on the Functioning of the European Union; |
| --- | --- |

T.

whereas a European Law of Administrative Procedure could foster cooperation and the exchange of best practices between national administrations and the Union's administration, in order to fulfil the objectives set up by Article 298 of the Treaty on the Functioning of the European Union;

| U. | whereas the entry into force of the Treaty of Lisbon has provided the Union with an appropriate legal basis for the adoption of a European Law of Administrative Procedure; |
| --- | --- |

U.

whereas the entry into force of the Treaty of Lisbon has provided the Union with an appropriate legal basis for the adoption of a European Law of Administrative Procedure;

| V. | whereas the legislative action requested in this resolution should be based on detailed impact assessments inter alia quantifying the cost of administrative procedures; |
| --- | --- |

V.

whereas the legislative action requested in this resolution should be based on detailed impact assessments inter alia quantifying the cost of administrative procedures;

| W. | whereas the Commission should engage in adequate consultation with all relevant actors, and should in particular make use of the special knowledge and expertise of the European Ombudsman, since it is to him that public complaints about abuses within the bodies and institutions of the Union are made; |
| --- | --- |

W.

whereas the Commission should engage in adequate consultation with all relevant actors, and should in particular make use of the special knowledge and expertise of the European Ombudsman, since it is to him that public complaints about abuses within the bodies and institutions of the Union are made;

| 1. | Requests the Commission to submit, on the basis of Article 298 of the Treaty on the Functioning of the European Union, a proposal for a regulation on a European Law of Administrative Procedure, following the detailed recommendations set out in the Annex hereto; |
| --- | --- |

1.

Requests the Commission to submit, on the basis of Article 298 of the Treaty on the Functioning of the European Union, a proposal for a regulation on a European Law of Administrative Procedure, following the detailed recommendations set out in the Annex hereto;

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

2.

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

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

3.

Considers that the requested proposal does not have financial implications;

| 4. | Instructs its President to forward this resolution and the accompanying detailed recommendations to the Commission and the Council, to the European Ombudsman and to the parliaments and governments of the Member States. |
| --- | --- |

4.

Instructs its President to forward this resolution and the accompanying detailed recommendations to the Commission and the Council, to the European Ombudsman and to the parliaments and governments of the Member States.

---

(1)  OJ L 8, 12.1.2001, p. 1.

(2)  OJ L 145, 31.5.2001, p. 43.

(3)  OJ C 72 E, 21.3.2002, p. 331.

(4)  OJ L 267, 20.10.2000, p. 63.

(5)  OJ C 189, 5.7.2001, p. 1.

(6)  http://www.statskontoret.se/upload/Publikationer/2005/200504.pdf

---

ANNEX

DETAILED RECOMMENDATIONS AS TO THE CONTENT OF THE PROPOSAL REQUESTED

Recommendation 1 (on the objective and scope of the regulation to be adopted)

The objective of the regulation should be to guarantee the right to good administration by means of an open, efficient and independent administration based on a European Law of Administrative Procedure.

The regulation should apply to the Union's institutions, bodies, offices and agencies (‘the Union's administration’) in their relations with the public. Its scope should therefore be limited to direct administration.

It should codify the fundamental principles of good administration and should regulate the procedure to be followed by the Union's administration when handling individual cases to which a natural or legal person is a party, and other situations where an individual has direct or personal contact with the Union's administration.

Recommendation 2 (on the relationship between the regulation and sectoral instruments)

The regulation should include a universal set of principles and should lay down a procedure applicable as a de minimis rule where no lex specialis exists.

The guarantees afforded to persons in sectoral instruments must never provide less protection than those provided for in the regulation.

Recommendation 3 (on the general principles which should govern the administration)

The regulation should codify the following principles:

| — | Principle of lawfulness: the Union's administration shall act in accordance with the law and apply the rules and procedures laid down in the Union's legislation. Administrative powers shall be based on, and their content shall comply with, the law.
  Decisions taken or measures adopted shall never be arbitrary or driven by purposes which are not based on the law or motivated by the public interest. |
| --- | --- |

—

Principle of lawfulness: the Union's administration shall act in accordance with the law and apply the rules and procedures laid down in the Union's legislation. Administrative powers shall be based on, and their content shall comply with, the law.

Decisions taken or measures adopted shall never be arbitrary or driven by purposes which are not based on the law or motivated by the public interest.

| — | Principle of non-discrimination and equal treatment: the Union's administration shall avoid any unjustified discrimination between persons based on nationality, gender, race, colour, ethnic or social origin, language, religion or beliefs, political or any other opinion, disability, age, or sexual orientation.
  Persons who are in a similar situation shall be treated in the same manner. Differences in treatment shall only be justified by objective characteristics of the matter in question. |
| --- | --- |

—

Principle of non-discrimination and equal treatment: the Union's administration shall avoid any unjustified discrimination between persons based on nationality, gender, race, colour, ethnic or social origin, language, religion or beliefs, political or any other opinion, disability, age, or sexual orientation.

Persons who are in a similar situation shall be treated in the same manner. Differences in treatment shall only be justified by objective characteristics of the matter in question.

| — | Principle of proportionality: the Union's administration shall take decisions affecting the rights and interests of persons only when necessary and to the extent required to achieve the aim pursued.
  When taking decisions, officials shall ensure a fair balance between the interests of private persons and the general interest. In particular, they shall not impose administrative or economic burdens which are excessive in relation to the expected benefit. |
| --- | --- |

—

Principle of proportionality: the Union's administration shall take decisions affecting the rights and interests of persons only when necessary and to the extent required to achieve the aim pursued.

When taking decisions, officials shall ensure a fair balance between the interests of private persons and the general interest. In particular, they shall not impose administrative or economic burdens which are excessive in relation to the expected benefit.

| — | Principle of impartiality: the Union's administration shall be impartial and independent. It shall abstain from any arbitrary action adversely affecting persons, and from any preferential treatment on any grounds.
  The Union's administration shall always act in the Union's interest and for the public good. No action shall be guided by any personal (including financial), family or national interest or by political pressure. The Union's administration shall guarantee a fair balance between different types of citizens' interests (business, consumers and other). |
| --- | --- |

—

Principle of impartiality: the Union's administration shall be impartial and independent. It shall abstain from any arbitrary action adversely affecting persons, and from any preferential treatment on any grounds.

The Union's administration shall always act in the Union's interest and for the public good. No action shall be guided by any personal (including financial), family or national interest or by political pressure. The Union's administration shall guarantee a fair balance between different types of citizens' interests (business, consumers and other).

| — | Principle of consistency and legitimate expectations: the Union's administration shall be consistent in its own behaviour and shall follow its normal administrative practice, which shall be made public. In the event that there are legitimate grounds for departing from such normal administrative practice in individual cases, a valid statement of reasons should be given for such departure.
  Legitimate and reasonable expectations that persons might have in the light of the way in which the Union's administration has acted in the past shall be respected. |
| --- | --- |

—

Principle of consistency and legitimate expectations: the Union's administration shall be consistent in its own behaviour and shall follow its normal administrative practice, which shall be made public. In the event that there are legitimate grounds for departing from such normal administrative practice in individual cases, a valid statement of reasons should be given for such departure.

Legitimate and reasonable expectations that persons might have in the light of the way in which the Union's administration has acted in the past shall be respected.

| — | Principle of respect for privacy: the Union's administration shall respect the privacy of persons in accordance with Regulation (EC) No 45/2001.
  The Union's administration shall refrain from processing personal data for non-legitimate purposes or transmitting such data to unauthorised third parties. |
| --- | --- |

—

Principle of respect for privacy: the Union's administration shall respect the privacy of persons in accordance with Regulation (EC) No 45/2001.

The Union's administration shall refrain from processing personal data for non-legitimate purposes or transmitting such data to unauthorised third parties.

| — | Principle of fairness: this must be respected as a basic legal principle indispensable in creating a climate of confidence and predictability in relations between individuals and the administration; |
| --- | --- |

—

Principle of fairness: this must be respected as a basic legal principle indispensable in creating a climate of confidence and predictability in relations between individuals and the administration;

| — | Principle of transparency: the Union's administration shall be open. It shall document the administrative procedures and keep adequate records of incoming and outgoing mail, documents received and the decisions and measures taken. All contributions from advisory bodies and interested parties should be made available in the public domain.
  Requests for access to documents shall be dealt with in accordance with the general principles and limits laid down in Regulation (EC) No 1049/2001. |
| --- | --- |

—

Principle of transparency: the Union's administration shall be open. It shall document the administrative procedures and keep adequate records of incoming and outgoing mail, documents received and the decisions and measures taken. All contributions from advisory bodies and interested parties should be made available in the public domain.

Requests for access to documents shall be dealt with in accordance with the general principles and limits laid down in Regulation (EC) No 1049/2001.

| — | Principle of efficiency and service: actions on the part of the Union's administration shall be governed by the criteria of efficiency and public service.
  Members of the staff shall advise the public on the way in which a matter which comes within their remit is to be pursued.
  Upon receiving a request in a matter for which they are not responsible, they shall direct the person making the request to the competent service. |
| --- | --- |

—

Principle of efficiency and service: actions on the part of the Union's administration shall be governed by the criteria of efficiency and public service.

Members of the staff shall advise the public on the way in which a matter which comes within their remit is to be pursued.

Upon receiving a request in a matter for which they are not responsible, they shall direct the person making the request to the competent service.

Recommendation 4 (on the rules governing administrative decisions)

Recommendation 4.1: on the initiation of the administrative procedure

Administrative decisions can be taken by the Union's administration on its own initiative or at the request of an interested party.

Recommendation 4.2: on the acknowledgment of receipt

Requests for individual decisions shall be acknowledged in writing, with an indication of the time-limit for the adoption of the decision in question. The consequences of any failure to adopt the decision within that time-limit (administrative silence) shall be indicated.

In the event of a defective request, the acknowledgment shall indicate a deadline for remedying the defect or producing any missing document.

Recommendation 4.3: on the impartiality of administrative decisions

No member of staff shall take part in an administrative decision in which he or she has a financial interest.

Any conflict of interest shall be communicated by the member of staff concerned to his or her immediate superior, who may take the decision to exclude the member of staff concerned from the procedure, having regard to the particular circumstances of the case.

An interested member of the public may request that an official be excluded from taking part in any decision which will affect that person's individual interests. The request to that effect shall be submitted in writing and shall state the grounds on which it is based. The official's immediate superior shall take a decision after hearing the official concerned.

Appropriate deadlines should be set for the handling of conflicts of interest.

Recommendation 4.4: on the right to be heard

The rights of the defence must be respected at every stage of the procedure. If the Union's administration takes a decision that will directly affect the rights or interests of persons, the persons concerned shall be given the opportunity to express their views in writing or orally before that decision is taken, if necessary, or if they so choose, with the assistance of a person of their choice.

Recommendation 4.5: on the right to have access to one's file

An interested party shall be granted full access to his or her file. It should be up to the interested party to determine which non-confidential documents are relevant.

Recommendation 4.6: on time-limits

Administrative decisions shall be taken within a reasonable time-limit and without delay. Time-limits shall be fixed in the corresponding rule governing each specific procedure. Where no time-limit is established, it should not exceed three months from the date of the decision to initiate a proceeding if it was initiated ex officio or from the date of the request of the interested party.

If no decision can be taken within that time-limit for objective reasons, such as the need to provide time for the remedying of a defective request, the complexity of the matters raised, the obligation to suspend the procedure pending the decision of a third party, etc., the person concerned shall be informed thereof and the decision shall be taken in the shortest possible time.

Recommendation 4.7: on the form of administrative decisions

Administrative decisions shall be in writing and shall be worded in a clear, simple and understandable manner. They shall be drafted in the language chosen by the addressee, provided that it is one of the official languages of the Union.

Recommendation 4.8: on the duty to state reasons

Administrative decisions must clearly state the reasons on which they are based. They shall indicate the relevant facts and their legal basis.

They must contain an individual statement of reasons. If this is not possible due to the fact that a large number of persons are concerned by similar decisions, standard communications should be allowed. In that case, however, any citizen who expressly requests an individual statement of reasons should be provided with it.

Recommendation 4.9: on the notification of administrative decisions

Administrative decisions which affect the rights and interests of individuals shall be notified in writing to the person or persons concerned as soon as they are adopted.

Recommendation 4.10: on the indication of remedies available

Administrative decisions shall clearly state — where Union law so provides — that an appeal is possible, and shall describe the procedure to be followed for the submission of such appeal, as well as the name and office address of the person or department with whom the appeal must be lodged and the deadline for lodging it.

Where appropriate, administrative decisions shall refer to the possibility of starting judicial proceedings and/or lodging a complaint with the European Ombudsman.

Recommendation 5 (on the review and correction of own decisions)

The regulation should include the possibility for the Union's administration to correct a clerical, arithmetic or similar error at any time on its own initiative or following a request by the person concerned.

Provisions should be inserted regarding the rectification of administrative decisions on other grounds, clearly differentiating between the procedure to be followed for the revision of decisions adopted which affect adversely the interests of a person and those which are beneficial to that person.

Recommendation 6 (on the form and publicity to be given to the regulation)

The regulation should be drafted in a clear and concise manner, and should be easily understandable by the public.

It should be adequately publicised in the web pages of each Union institution, body, office and agency.

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| 30.12.2015 | EN | Official Journal of the European Union | C 440/23 |
| --- | --- | --- | --- |

30.12.2015

EN

Official Journal of the European Union

C 440/23

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P7_TA(2013)0005

Information and consultation of workers, anticipation and management of restructuring

European Parliament resolution of 15 January 2013 with recommendations to the Commission on information and consultation of workers, anticipation and management of restructuring (2012/2061(INL))

(2015/C 440/05)

The European Parliament,

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

—

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

| — | having regard to Articles 9 and 151 and Article 153(1)(e) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Articles 9 and 151 and Article 153(1)(e) of the Treaty on the Functioning of the European Union,

| — | having regard to Articles 14, 27 and 30 of the Charter of Fundamental Rights of the European Union, |
| --- | --- |

—

having regard to Articles 14, 27 and 30 of the Charter of Fundamental Rights of the European Union,

| — | having regard to the assessment of the European added value of an Union measure on information and consultation of workers, anticipation and management of restructuring process, carried out by the European Added Value Unit of the European Parliament and transmitted to the Committee on Employment and Social Affairs on 19 November 2012 (1), |
| --- | --- |

—

having regard to the assessment of the European added value of an Union measure on information and consultation of workers, anticipation and management of restructuring process, carried out by the European Added Value Unit of the European Parliament and transmitted to the Committee on Employment and Social Affairs on 19 November 2012 (1),

| — | having regard to ‘Managing change — Final report of the High Level Group on economic and social implications of industrial change, set up by the Luxembourg Employment Summit of November 1997’ (2), |
| --- | --- |

—

having regard to ‘Managing change — Final report of the High Level Group on economic and social implications of industrial change, set up by the Luxembourg Employment Summit of November 1997’ (2),

| — | having regard to Council Recommendation 92/443/EEC of 27 July 1992 concerning the promotion of participation by employed persons in profits and enterprise results (including equity participation) (3), |
| --- | --- |

—

having regard to Council Recommendation 92/443/EEC of 27 July 1992 concerning the promotion of participation by employed persons in profits and enterprise results (including equity participation) (3),

| — | having regard to Council Regulation (EC) No 2157/2001 of 8 October 2001 on the Statute for a European Company (SE) (4), |
| --- | --- |

—

having regard to Council Regulation (EC) No 2157/2001 of 8 October 2001 on the Statute for a European Company (SE) (4),

| — | having regard to Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies (5), |
| --- | --- |

—

having regard to Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies (5),

| — | having regard to the Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (6), |
| --- | --- |

—

having regard to the Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (6),

| — | having regard to Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses (7), |
| --- | --- |

—

having regard to Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses (7),

| — | having regard to Council Directive 2001/86/EC of 8 October 2001 supplementing the Statute for a European company with regard to the involvement of employees (8), |
| --- | --- |

—

having regard to Council Directive 2001/86/EC of 8 October 2001 supplementing the Statute for a European company with regard to the involvement of employees (8),

| — | having regard to Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community (9), |
| --- | --- |

—

having regard to Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community (9),

| — | having regard to Council Directive 2003/72/EC of 22 July 2003 supplementing the Statute for a European Cooperative Society with regard to the involvement of employees (10), |
| --- | --- |

—

having regard to Council Directive 2003/72/EC of 22 July 2003 supplementing the Statute for a European Cooperative Society with regard to the involvement of employees (10),

| — | having regard to Directive 2004/25/EC of the European Parliament and of the Council of 21 April 2004 on takeover bids (11), |
| --- | --- |

—

having regard to Directive 2004/25/EC of the European Parliament and of the Council of 21 April 2004 on takeover bids (11),

| — | having regard to Directive 2005/56/EC of the European Parliament and of the Council of 26 October 2005 on cross-border mergers of limited liability companies (12), |
| --- | --- |

—

having regard to Directive 2005/56/EC of the European Parliament and of the Council of 26 October 2005 on cross-border mergers of limited liability companies (12),

| — | having regard to Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees (13), |
| --- | --- |

—

having regard to Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees (13),

| — | having regard to the Commission communication of 31 March 2005 on ‘Restructuring and employment: Anticipating and accompanying restructuring in order to develop employment: the role of the European Union’ (COM(2005)0120) and the opinion of the European Economic and Social Committee of 14 December 2005 (14), |
| --- | --- |

—

having regard to the Commission communication of 31 March 2005 on ‘Restructuring and employment: Anticipating and accompanying restructuring in order to develop employment: the role of the European Union’ (COM(2005)0120) and the opinion of the European Economic and Social Committee of 14 December 2005 (14),

| — | having regard to the Commission communication on the Social Agenda (COM(2005)0033), |
| --- | --- |

—

having regard to the Commission communication on the Social Agenda (COM(2005)0033),

| — | having regard to Council Decision 2010/707/EU of 21 October 2010 establishing guidelines for the employment policies of the Member States (15), |
| --- | --- |

—

having regard to Council Decision 2010/707/EU of 21 October 2010 establishing guidelines for the employment policies of the Member States (15),

| — | having regard to the Commission communication on ‘An Integrated Industrial Policy for the Globalised Era Putting Competitiveness and Sustainability at Centre Stage’ (COM(2010)0614), |
| --- | --- |

—

having regard to the Commission communication on ‘An Integrated Industrial Policy for the Globalised Era Putting Competitiveness and Sustainability at Centre Stage’ (COM(2010)0614),

| — | having regard to the Commission communication entitled ‘Towards a Single Market Act’ (COM(2010)0608 final/2), |
| --- | --- |

—

having regard to the Commission communication entitled ‘Towards a Single Market Act’ (COM(2010)0608 final/2),

| — | having regard to the Commission communication on ‘An Agenda for New Skills and Jobs’ (COM(2010)0682), |
| --- | --- |

—

having regard to the Commission communication on ‘An Agenda for New Skills and Jobs’ (COM(2010)0682),

| — | having regard to the Commission Green Paper on ‘Restructuring and anticipation of change: what lessons from recent experience?’ (COM(2012)0007), |
| --- | --- |

—

having regard to the Commission Green Paper on ‘Restructuring and anticipation of change: what lessons from recent experience?’ (COM(2012)0007),

| — | having regard to its resolution of 15 December 2011 on the Mid-term review of the European Strategy 2007-2012 on occupational health and safety (16), |
| --- | --- |

—

having regard to its resolution of 15 December 2011 on the Mid-term review of the European Strategy 2007-2012 on occupational health and safety (16),

| — | having regard to the Commission communication entitled ‘Towards a job rich recovery’ (COM (2012)0173), |
| --- | --- |

—

having regard to the Commission communication entitled ‘Towards a job rich recovery’ (COM (2012)0173),

| — | having regard to its resolution of 26 May 2005 on the Social Agenda for the period 2006-2010 (17), |
| --- | --- |

—

having regard to its resolution of 26 May 2005 on the Social Agenda for the period 2006-2010 (17),

| — | having regard to the own-initiative Opinion of 25 April 2012 of the European Economic and Social Committee on Cooperatives and restructuring (18), |
| --- | --- |

—

having regard to the own-initiative Opinion of 25 April 2012 of the European Economic and Social Committee on Cooperatives and restructuring (18),

| — | having regard to its resolution of 10 May 2007 on strengthening European legislation in the field of information and consultation of workers (19), |
| --- | --- |

—

having regard to its resolution of 10 May 2007 on strengthening European legislation in the field of information and consultation of workers (19),

| — | having regard to its resolution of 9 March 2011 on an Industrial Policy for the Globalised Era (20), |
| --- | --- |

—

having regard to its resolution of 9 March 2011 on an Industrial Policy for the Globalised Era (20),

| — | having regard to the Commission communication of 20 September 2011 on a ‘Roadmap to a Resource Efficient Europe’ (COM(2011)0571), |
| --- | --- |

—

having regard to the Commission communication of 20 September 2011 on a ‘Roadmap to a Resource Efficient Europe’ (COM(2011)0571),

| — | having regard to the Commission communication of 8 March 2011 entitled ‘A Roadmap for moving to a competitive low carbon economy in 2050’ (COM(2011)0112), |
| --- | --- |

—

having regard to the Commission communication of 8 March 2011 entitled ‘A Roadmap for moving to a competitive low carbon economy in 2050’ (COM(2011)0112),

| — | having regard to the findings of research and surveys by the European Foundation for the Improvement of Living and Working Conditions, |
| --- | --- |

—

having regard to the findings of research and surveys by the European Foundation for the Improvement of Living and Working Conditions,

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

—

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

| — | having regard to the report of the Committee on Employment and Social Affairs (A7-0390/2012), |
| --- | --- |

—

having regard to the report of the Committee on Employment and Social Affairs (A7-0390/2012),

| A. | whereas restructuring is not a new phenomenon but a practice which happens more frequently due to economic challenges and whereas, in recent years, it has become more prevalent as well as taking many different forms, intensifying in some sectors and spreading to others, with unforeseeable consequences for the economic and social fabric of the Member States; |
| --- | --- |

A.

whereas restructuring is not a new phenomenon but a practice which happens more frequently due to economic challenges and whereas, in recent years, it has become more prevalent as well as taking many different forms, intensifying in some sectors and spreading to others, with unforeseeable consequences for the economic and social fabric of the Member States;

| B. | whereas the global economic crisis triggered in 2008 requires companies and their employees to make necessary changes to safeguard competitiveness and jobs, and whereas that crisis has been significantly worsened by financial speculation in the financial sector, speeding up the rate of change sharply, thereby increasing, to an alarming extent, the pressure on workers, territories and all levels of government for structural adjustments; |
| --- | --- |

B.

whereas the global economic crisis triggered in 2008 requires companies and their employees to make necessary changes to safeguard competitiveness and jobs, and whereas that crisis has been significantly worsened by financial speculation in the financial sector, speeding up the rate of change sharply, thereby increasing, to an alarming extent, the pressure on workers, territories and all levels of government for structural adjustments;

| C. | whereas, as a result of radical changes in economic strategies, the last 30 years have seen a massive shift in wealth from the real to the financial economy; and whereas the situation of those who create all the goods and provide all the services, but who bear the full brunt of the economic crisis, needs to be improved; |
| --- | --- |

C.

whereas, as a result of radical changes in economic strategies, the last 30 years have seen a massive shift in wealth from the real to the financial economy; and whereas the situation of those who create all the goods and provide all the services, but who bear the full brunt of the economic crisis, needs to be improved;

| D. | whereas restructuring becomes an issue for stakeholders only at a late stage, most often when redundancies are being considered; |
| --- | --- |

D.

whereas restructuring becomes an issue for stakeholders only at a late stage, most often when redundancies are being considered;

| E. | whereas, when restructuring, it is the immediate and easily perceptible impact on employment that attracts most attention, while the adverse effect on working conditions and worker's health is not properly recognised and tackled; |
| --- | --- |

E.

whereas, when restructuring, it is the immediate and easily perceptible impact on employment that attracts most attention, while the adverse effect on working conditions and worker's health is not properly recognised and tackled;

| F. | whereas the multiple and diverse stakeholders involved in restructuring are isolated and rarely cooperate over the long-term; |
| --- | --- |

F.

whereas the multiple and diverse stakeholders involved in restructuring are isolated and rarely cooperate over the long-term;

| G. | whereas, as consistently highlighted in recent policy papers from the Commission, especially the Europe 2020 Strategy and the Industrial Policy Communication of 28 October 2010, ‘Better anticipating and managing restructuring would help employees and companies to adapt to transitions imposed by excess capacities and by modernisation and structural adjustment’. [...] ‘Management and employees' representatives are the key players to agree on restructuring strategies at company level. Policy interventions should accompany such restructuring to avoid social hardship and promote new skills and jobs, thus minimising mass redundancies and the decline of entire regions or the relocation of entire industries, by facilitating economic conversion and professional transition’; |
| --- | --- |

G.

whereas, as consistently highlighted in recent policy papers from the Commission, especially the Europe 2020 Strategy and the Industrial Policy Communication of 28 October 2010, ‘Better anticipating and managing restructuring would help employees and companies to adapt to transitions imposed by excess capacities and by modernisation and structural adjustment’. [...] ‘Management and employees' representatives are the key players to agree on restructuring strategies at company level. Policy interventions should accompany such restructuring to avoid social hardship and promote new skills and jobs, thus minimising mass redundancies and the decline of entire regions or the relocation of entire industries, by facilitating economic conversion and professional transition’;

| H. | whereas the crisis has led to a new economic governance at Union level, through the annual growth survey and semester and whereas that new economic governance may itself lead to restructurings and thus requires the involvement of social partners; |
| --- | --- |

H.

whereas the crisis has led to a new economic governance at Union level, through the annual growth survey and semester and whereas that new economic governance may itself lead to restructurings and thus requires the involvement of social partners;

| I. | whereas there is a need to prepare workers in a timely manner for a shift towards a resource efficient, climate-friendly economy, and whereas that development has huge employment potential, but will give rise to the restructuring of unsustainable sectors and companies; |
| --- | --- |

I.

whereas there is a need to prepare workers in a timely manner for a shift towards a resource efficient, climate-friendly economy, and whereas that development has huge employment potential, but will give rise to the restructuring of unsustainable sectors and companies;

| J. | whereas the number of jobs lost was almost double the number of jobs created in the third quarter 2011, this trend is likely to increase in view of the announcement of major restructurings in strategic fields; |
| --- | --- |

J.

whereas the number of jobs lost was almost double the number of jobs created in the third quarter 2011, this trend is likely to increase in view of the announcement of major restructurings in strategic fields;

| K. | whereas more than 6,4 million jobs were lost in the construction and manufacturing sectors between 2008 and 2011; |
| --- | --- |

K.

whereas more than 6,4 million jobs were lost in the construction and manufacturing sectors between 2008 and 2011;

| L. | whereas all the Member States in which relatively few workers have been made redundant since the start of the crisis have very well developed industrial relations systems which accord workers and their representatives a relatively great many rights in the areas of consultation, information and codetermination, arrangements which have led to joint agreements being concluded at works' level on the basis of laws and collective agreements; |
| --- | --- |

L.

whereas all the Member States in which relatively few workers have been made redundant since the start of the crisis have very well developed industrial relations systems which accord workers and their representatives a relatively great many rights in the areas of consultation, information and codetermination, arrangements which have led to joint agreements being concluded at works' level on the basis of laws and collective agreements;

| M. | whereas, as stated in the Annual Growth Survey: advancing the Union’s comprehensive response to the crisis, ‘the positive export performance of some Member States shows that success in global markets relies on wider factors such as sector specialisation, innovation, and skills levels that enhance real competitiveness’; whereas, against the specific background of the crisis, undertakings in some Member States have taken a long-term approach and have made every effort to retain their well-trained and highly experienced workers; |
| --- | --- |

M.

whereas, as stated in the Annual Growth Survey: advancing the Union’s comprehensive response to the crisis, ‘the positive export performance of some Member States shows that success in global markets relies on wider factors such as sector specialisation, innovation, and skills levels that enhance real competitiveness’; whereas, against the specific background of the crisis, undertakings in some Member States have taken a long-term approach and have made every effort to retain their well-trained and highly experienced workers;

| N. | whereas Union undertakings may find it difficult to be successful on world markets merely by undercutting their competitors’ prices, rather than by developing good products, processes and services; |
| --- | --- |

N.

whereas Union undertakings may find it difficult to be successful on world markets merely by undercutting their competitors’ prices, rather than by developing good products, processes and services;

| O. | whereas employees in unsustainable sectors should be provided with assistance and training to make the transition to green jobs; |
| --- | --- |

O.

whereas employees in unsustainable sectors should be provided with assistance and training to make the transition to green jobs;

| P. | whereas there is a danger that the good practices identified in the wake of the crisis, in particular by the ILO, will be largely disregarded and not used to address future crises; whereas, therefore, Union institutions should investigate and document such good practices, so that they can also be used when restructuring is carried out; |
| --- | --- |

P.

whereas there is a danger that the good practices identified in the wake of the crisis, in particular by the ILO, will be largely disregarded and not used to address future crises; whereas, therefore, Union institutions should investigate and document such good practices, so that they can also be used when restructuring is carried out;

| Q. | whereas, in its Communication on An Agenda for New Skills and Jobs of 23 November 2010, the Commission also recognises that ‘adaptability and pro-activity when moving jobs or occupations may however be hampered by insecurity because transitions bear a potential hazard of unemployment, lower wages and social insecurity; whereas positive transitions along people’s career paths are therefore essential in order to adapt constantly, maintaining and increasing employability while providing security for individuals and fluidity in labour markets.’; |
| --- | --- |

Q.

whereas, in its Communication on An Agenda for New Skills and Jobs of 23 November 2010, the Commission also recognises that ‘adaptability and pro-activity when moving jobs or occupations may however be hampered by insecurity because transitions bear a potential hazard of unemployment, lower wages and social insecurity; whereas positive transitions along people’s career paths are therefore essential in order to adapt constantly, maintaining and increasing employability while providing security for individuals and fluidity in labour markets.’;

| R. | whereas, in cases of restructuring where redundancies are unavoidable, vulnerable categories of workers, including younger and older workers are more often targeted for redundancy than other age groups, even when this constitutes age discrimination under the relevant Union legislation; |
| --- | --- |

R.

whereas, in cases of restructuring where redundancies are unavoidable, vulnerable categories of workers, including younger and older workers are more often targeted for redundancy than other age groups, even when this constitutes age discrimination under the relevant Union legislation;

| S. | whereas, as stated in the Commission communication entitled ‘Towards a Single Market Act’, ‘the sense of disillusionment felt by some towards the internal market may also be the result of the perception that successive liberalisations have been carried out at the expense of the social rights acquired by various economic operators.’; ‘The Lisbon Treaty, and the affirmation of the concept of a “highly competitive social market economy” as one of its key objectives, require “the Union” to adopt a more all-embracing view of the single market. Economic freedoms and freedoms of collective action must be reconciled. New life must be breathed into the social dialogue, making it more likely to lead to legislation “by and for” the social partners, as explicitly provided for by the Lisbon Treaty.’; ‘Beyond purely reactive approaches to the economic and financial crisis, pre-emptive strategies have allowed businesses and their employees to ward off industrial disputes through the proactive management of restructuring operations. This is a precondition for economic success and is a social requirement, since it enables resources to be redistributed to emerging sectors and opens new windows of opportunity for workers when their jobs are at risk.’; whereas a Union act for restructuring exercises would make for an environment based on mutual trust; |
| --- | --- |

S.

whereas, as stated in the Commission communication entitled ‘Towards a Single Market Act’, ‘the sense of disillusionment felt by some towards the internal market may also be the result of the perception that successive liberalisations have been carried out at the expense of the social rights acquired by various economic operators.’; ‘The Lisbon Treaty, and the affirmation of the concept of a “highly competitive social market economy” as one of its key objectives, require “the Union” to adopt a more all-embracing view of the single market. Economic freedoms and freedoms of collective action must be reconciled. New life must be breathed into the social dialogue, making it more likely to lead to legislation “by and for” the social partners, as explicitly provided for by the Lisbon Treaty.’; ‘Beyond purely reactive approaches to the economic and financial crisis, pre-emptive strategies have allowed businesses and their employees to ward off industrial disputes through the proactive management of restructuring operations. This is a precondition for economic success and is a social requirement, since it enables resources to be redistributed to emerging sectors and opens new windows of opportunity for workers when their jobs are at risk.’; whereas a Union act for restructuring exercises would make for an environment based on mutual trust;

| T. | whereas the deepening of the single market leads to extra competition which can lead to restructuring; whereas the Union should take responsibility for this process by setting the framework to alleviate the social consequences; |
| --- | --- |

T.

whereas the deepening of the single market leads to extra competition which can lead to restructuring; whereas the Union should take responsibility for this process by setting the framework to alleviate the social consequences;

| U. | whereas the ‘Orientations for reference in managing change and its social consequences’ drawn up by the social partners in October 2003 have, however, not been followed by any legislative measure although they have been followed by two cycles of national seminars held by the social partners in the framework of their pluriannual work programmes; whereas these are still largely unknown not only from the national and sectorial social partners' organisations, but also, and more importantly, from companies and their workers' representatives; whereas, however, timely and effective observance of the principles enshrined in those Orientations and resulting also from many other studies and reports would be of great importance; whereas, since company practices in this field are frequently reactive rather than proactive, they intervene too far downstream of the decision-making process and do not involve external entities that could play a role in attenuating its social impact either sufficiently or in a sufficiently timely manner; |
| --- | --- |

U.

whereas the ‘Orientations for reference in managing change and its social consequences’ drawn up by the social partners in October 2003 have, however, not been followed by any legislative measure although they have been followed by two cycles of national seminars held by the social partners in the framework of their pluriannual work programmes; whereas these are still largely unknown not only from the national and sectorial social partners' organisations, but also, and more importantly, from companies and their workers' representatives; whereas, however, timely and effective observance of the principles enshrined in those Orientations and resulting also from many other studies and reports would be of great importance; whereas, since company practices in this field are frequently reactive rather than proactive, they intervene too far downstream of the decision-making process and do not involve external entities that could play a role in attenuating its social impact either sufficiently or in a sufficiently timely manner;

| V. | whereas the Commission has looked for concrete contributions on how to further develop policy in this area through its Green Paper on Restructuring and anticipation of change: what lessons from recent experience?, in which it recognises that ‘technological change and innovation may force adjustment strategies for companies and labour, but there are also indications that innovation, combined with research and education can build an effective way to pull Europe out of the crisis’; |
| --- | --- |

V.

whereas the Commission has looked for concrete contributions on how to further develop policy in this area through its Green Paper on Restructuring and anticipation of change: what lessons from recent experience?, in which it recognises that ‘technological change and innovation may force adjustment strategies for companies and labour, but there are also indications that innovation, combined with research and education can build an effective way to pull Europe out of the crisis’;

| W. | whereas cooperatives manage restructuring in a socially responsible manner and their specific cooperative governance model, based on joint ownership, democratic participation and members’ control, as well as the ability of cooperatives to rely on their own financial resources and support networks, explain why cooperatives are more flexible and innovative in managing restructuring over time, as well as in creating new business; |
| --- | --- |

W.

whereas cooperatives manage restructuring in a socially responsible manner and their specific cooperative governance model, based on joint ownership, democratic participation and members’ control, as well as the ability of cooperatives to rely on their own financial resources and support networks, explain why cooperatives are more flexible and innovative in managing restructuring over time, as well as in creating new business;

| X. | whereas, in spite of the strong statements referred to above, the Commission has delivered disappointing responses to parliamentary resolutions on information, consultation and restructuring that highlight the need for urgent and concrete steps in this area as well as to requests coming from other relevant economic and social players; |
| --- | --- |

X.

whereas, in spite of the strong statements referred to above, the Commission has delivered disappointing responses to parliamentary resolutions on information, consultation and restructuring that highlight the need for urgent and concrete steps in this area as well as to requests coming from other relevant economic and social players;

| Y. | whereas this resolution is without prejudice to information obligations resulting from other Union and national law; whereas, insofar as Union and national law so provide, information procedures should be fully used to implement the recommendations laid down in the present resolution; |
| --- | --- |

Y.

whereas this resolution is without prejudice to information obligations resulting from other Union and national law; whereas, insofar as Union and national law so provide, information procedures should be fully used to implement the recommendations laid down in the present resolution;

| Z. | whereas this resolution is without prejudice to employment protection obligations and obligations related to employment termination resulting from national law; |
| --- | --- |

Z.

whereas this resolution is without prejudice to employment protection obligations and obligations related to employment termination resulting from national law;

| AA. | whereas there are currently large differences in national law concerning the responsibilities of employers towards their employees in the process of restructuring; whereas, European social partners have been consulted twice in the previous decade and the Commission has failed to act; |
| --- | --- |

AA.

whereas there are currently large differences in national law concerning the responsibilities of employers towards their employees in the process of restructuring; whereas, European social partners have been consulted twice in the previous decade and the Commission has failed to act;

| AB. | whereas good and effective information and consultation in relation to restructuring means that the relevant measures should be taken several months prior to the proposed restructuring, that they should also cover dependent companies and that they should include the prompt provision of retraining courses in order to help make undertakings and the Union more competitive, thereby sending out a message of certainty and transparency to Union citizens and investors at a time of crisis; |
| --- | --- |

AB.

whereas good and effective information and consultation in relation to restructuring means that the relevant measures should be taken several months prior to the proposed restructuring, that they should also cover dependent companies and that they should include the prompt provision of retraining courses in order to help make undertakings and the Union more competitive, thereby sending out a message of certainty and transparency to Union citizens and investors at a time of crisis;

| AC. | whereas companies which fail to adapt to changing circumstances will be unable to keep pace with their competitors in the long term; whereas companies, workers and sectors tend to be in the best position to gauge their own restructuring needs; whereas each Member State is involved in different restructuring processes and the repercussions are different in each country; |
| --- | --- |

AC.

whereas companies which fail to adapt to changing circumstances will be unable to keep pace with their competitors in the long term; whereas companies, workers and sectors tend to be in the best position to gauge their own restructuring needs; whereas each Member State is involved in different restructuring processes and the repercussions are different in each country;

| AD. | whereas the Commission, with a view to helping workers and undertakings prepare for change more effectively, has conducted detailed research and studies into the phenomenon of restructuring itself and the supervision of sectors of the economy, including a series of studies of the way employment will change between now and 2020 (21); whereas this prospective analysis has been carried out in conjunction with independent researchers, the social partners and the other Union institutions, such as the European Parliament, and Union agencies and bodies, such as the European Monitoring Centre for Change (22) of the European Foundation for the Improvement of Living and Working Conditions and the European Centre for the Development of Professional Training; |
| --- | --- |

AD.

whereas the Commission, with a view to helping workers and undertakings prepare for change more effectively, has conducted detailed research and studies into the phenomenon of restructuring itself and the supervision of sectors of the economy, including a series of studies of the way employment will change between now and 2020 (21); whereas this prospective analysis has been carried out in conjunction with independent researchers, the social partners and the other Union institutions, such as the European Parliament, and Union agencies and bodies, such as the European Monitoring Centre for Change (22) of the European Foundation for the Improvement of Living and Working Conditions and the European Centre for the Development of Professional Training;

| AE. | whereas Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 on establishing the European Globalisation Adjustment Fund (23) is currently being revised; |
| --- | --- |

AE.

whereas Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 on establishing the European Globalisation Adjustment Fund (23) is currently being revised;

| 1. | Requests the Commission, pursuant to Article 225 of the Treaty on the Functioning of the European Union, to submit as soon as possible and after consulting the social partners, a proposal for a legal act on information and consultation of workers, anticipation and management of restructuring, following the detailed recommendations set out in the Annex hereto; |
| --- | --- |

1.

Requests the Commission, pursuant to Article 225 of the Treaty on the Functioning of the European Union, to submit as soon as possible and after consulting the social partners, a proposal for a legal act on information and consultation of workers, anticipation and management of restructuring, following the detailed recommendations set out in the Annex hereto;

| 2. | Confirms that the recommendations respect fundamental rights and the principle of subsidiarity; further confirms that the recommendations respect the principle of proportionality, entrepreneurial freedom and the right to property; |
| --- | --- |

2.

Confirms that the recommendations respect fundamental rights and the principle of subsidiarity; further confirms that the recommendations respect the principle of proportionality, entrepreneurial freedom and the right to property;

| 3. | Confirms the relevance of strong social dialogue based on mutual trust and shared responsibility, as the best instrument with which to seek consensual solutions and common outlooks when predicting, preventing and managing restructuring processes; |
| --- | --- |

3.

Confirms the relevance of strong social dialogue based on mutual trust and shared responsibility, as the best instrument with which to seek consensual solutions and common outlooks when predicting, preventing and managing restructuring processes;

| 4. | Calls on the Commission to assess whether it is necessary to take steps at Union level to supervise the activities of companies in order to prevent abuse of any kind with prejudicial effects, particularly on workers; |
| --- | --- |

4.

Calls on the Commission to assess whether it is necessary to take steps at Union level to supervise the activities of companies in order to prevent abuse of any kind with prejudicial effects, particularly on workers;

| 5. | Calls on the Commission to ensure that dismissals are seen as a last resort after having considered all possible alternatives, without this diminishing the competitiveness of enterprises; |
| --- | --- |

5.

Calls on the Commission to ensure that dismissals are seen as a last resort after having considered all possible alternatives, without this diminishing the competitiveness of enterprises;

| 6. | Considers that the requested proposal will have no financial implications; |
| --- | --- |

6.

Considers that the requested proposal will have no financial implications;

| 7. | Instructs its President to forward this resolution and the accompanying detailed recommendations to the Commission and the Council. |
| --- | --- |

7.

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

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(1)  http://www.europarl.europa.eu/meetdocs/2009_2014/documents/empl/dv/eava_info_of_workers_with_annexes_/eava_info_of_workers_with_annexes_en.pdf

(2)  OJ C 258, 10.9.1999, p. 1.

(3)  OJ L 245, 26.8.1992, p. 53.

(4)  OJ L 294, 10.11.2001, p. 1.

(5)  OJ L 225, 12.8.1998, p. 16.

(6)  OJ L 303, 2.12.2000, p. 16.

(7)  OJ L 82, 22.3.2001, p. 16.

(8)  OJ L 294, 10.11.2001, p. 22.

(9)  OJ L 80, 23.3.2002, p. 29.

(10)  OJ L 207, 18.8.2003, p. 25.

(11)  OJ L 142, 30.4.2004, p. 12.

(12)  OJ L 310, 25.11.2005, p. 1.

(13)  OJ L 122, 16.5.2009, p. 28.

(14)  OJ C 65, 17.3.2006, p. 58.

(15)  OJ L 308, 24.11.2010, p. 46.

(16)  Texts adopted, P7_TA(2011)0589.

(17)  OJ C 117 E, 18.5.2006, p. 256.

(18)  OJ C 191, 29.6.2012, p. 24.

(19)  OJ C 76 E, 27.3.2008, p. 138.

(20)  OJ C 199 E, 7.7.2012, p. 131.

(21)  SEC(2008)2154 Commission Staff Working Paper, Restructuring and employment the contribution of the European Union.

(22)  In 2001 one of the proposals of the Gyllenhammar Expert Group was implemented. This involved the establishment of a European Monitoring Centre on Change (EMCC) within the European Foundation for the Improvement of Living and Working Conditions in Dublin. The EMCC manages in particular the European Restructuring Monitor (ERM), which collects information on restructuring operations on a certain scale.

(23)  OJ L 406, 30.12.2006, p. 1.

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ANNEX

DETAILED RECOMMENDATIONS AS TO THE CONTENT OF THE PROPOSAL REQUESTED

THE EUROPEAN PARLIAMENT

| — | having regard to the Treaty on the Functioning of the European Union and in particular to Article 153(1)(e) thereof, considers that the legal act to be adopted should contain the elements below: |
| --- | --- |

—

having regard to the Treaty on the Functioning of the European Union and in particular to Article 153(1)(e) thereof, considers that the legal act to be adopted should contain the elements below:

Recommendation 1

Whereas:

| 1. | When dealing with the anticipation, preparation and management of restructuring, companies, workers' representatives, the public authorities and the other stakeholders, each in their respective capacity and competence, and at a moment which corresponds to their different responsibilities, act in a spirit of cooperation, based on timely and comprehensive information and consultation, whilst recognising that those processes aim to protect at the same time the interests of companies as regards competitiveness and sustainability and those of their workers. |
| --- | --- |

1.

When dealing with the anticipation, preparation and management of restructuring, companies, workers' representatives, the public authorities and the other stakeholders, each in their respective capacity and competence, and at a moment which corresponds to their different responsibilities, act in a spirit of cooperation, based on timely and comprehensive information and consultation, whilst recognising that those processes aim to protect at the same time the interests of companies as regards competitiveness and sustainability and those of their workers.

| 2. | For restructuring to be economically successful and socially responsible, it requires to be integrated into a long-term strategy aimed at ensuring and strengthening the long-term sustainability and competitiveness of the company. It also requires putting human resources at the heart of companies' strategic development. |
| --- | --- |

2.

For restructuring to be economically successful and socially responsible, it requires to be integrated into a long-term strategy aimed at ensuring and strengthening the long-term sustainability and competitiveness of the company. It also requires putting human resources at the heart of companies' strategic development.

| 3. | Employers respect anti-discrimination legislation, particularly in the field of age discrimination, when selecting the workers targeted for redundancy. |
| --- | --- |

3.

Employers respect anti-discrimination legislation, particularly in the field of age discrimination, when selecting the workers targeted for redundancy.

| 4. | Anticipation, preparation and management of change takes place in the context of strengthening social dialogue and with a view to promoting change in a manner compatible with the preservation of the priority objectives of competitiveness and employment, as well as with the health of workers. |
| --- | --- |

4.

Anticipation, preparation and management of change takes place in the context of strengthening social dialogue and with a view to promoting change in a manner compatible with the preservation of the priority objectives of competitiveness and employment, as well as with the health of workers.

| 5. | There is a need to envisage, promote and enhance measures concerning the company's situation and the likely development of employment and working conditions, in particular where these may be under threat. |
| --- | --- |

5.

There is a need to envisage, promote and enhance measures concerning the company's situation and the likely development of employment and working conditions, in particular where these may be under threat.

| 6. | Restructuring is facilitated and its impact softened when companies continually develop the skills and competences of their workers, increasing their employability and their internal and external mobility. |
| --- | --- |

6.

Restructuring is facilitated and its impact softened when companies continually develop the skills and competences of their workers, increasing their employability and their internal and external mobility.

| 7. | Adaptable companies and resilient workforces develop, in cooperation with workers' representatives, regional and local authorities and other relevant organisations, mechanisms for anticipation and for forward planning of employment and skills needs. They recognise the right for every worker to benefit from appropriate training. Workers recognise that education and lifelong learning are necessary to strengthen their employability. |
| --- | --- |

7.

Adaptable companies and resilient workforces develop, in cooperation with workers' representatives, regional and local authorities and other relevant organisations, mechanisms for anticipation and for forward planning of employment and skills needs. They recognise the right for every worker to benefit from appropriate training. Workers recognise that education and lifelong learning are necessary to strengthen their employability.

| 8. | Restructuring processes impact beyond the perimeter of a single company, as companies increasingly work in networks, which intensifies the need to set up multipartite forums for debate on social issues. |
| --- | --- |

8.

Restructuring processes impact beyond the perimeter of a single company, as companies increasingly work in networks, which intensifies the need to set up multipartite forums for debate on social issues.

| 9. | Good restructuring practices require preparation as early as possible, starting as soon as the need to restructure is first contemplated, making it possible to avoid or to reduce to a minimum its economic, social, environmental and territorial impact. |
| --- | --- |

9.

Good restructuring practices require preparation as early as possible, starting as soon as the need to restructure is first contemplated, making it possible to avoid or to reduce to a minimum its economic, social, environmental and territorial impact.

| 10. | It is a widely recognised that any restructuring operation, in particular one of major size and which generates a significant impact, should be accompanied by an explanation and justification to the stakeholders, covering the choice of the measures envisaged in relation to the objectives and to alternative options and respecting the full and appropriate involvement of workers' representatives at all levels, prepared in good time to enable stakeholders to prepare for consultations, before the company takes a decision. |
| --- | --- |

10.

It is a widely recognised that any restructuring operation, in particular one of major size and which generates a significant impact, should be accompanied by an explanation and justification to the stakeholders, covering the choice of the measures envisaged in relation to the objectives and to alternative options and respecting the full and appropriate involvement of workers' representatives at all levels, prepared in good time to enable stakeholders to prepare for consultations, before the company takes a decision.

| 11. | Serious action aimed at limiting the impact of restructuring requires companies to envisage redundancies as a last resort and only after having considered all possible alternative options and/or having implemented possible supporting measures. |
| --- | --- |

11.

Serious action aimed at limiting the impact of restructuring requires companies to envisage redundancies as a last resort and only after having considered all possible alternative options and/or having implemented possible supporting measures.

| 12. | The active cooperation and assistance of public authorities at the relevant level in the preparation and management during the implementation of restructuring operations contributes greatly to economic conversion and the retaining of workers. Local economic actors, in particular SMEs being in a situation of dependence towards the restructuring company due to their quality of suppliers or of subcontractors should also be involved. |
| --- | --- |

12.

The active cooperation and assistance of public authorities at the relevant level in the preparation and management during the implementation of restructuring operations contributes greatly to economic conversion and the retaining of workers. Local economic actors, in particular SMEs being in a situation of dependence towards the restructuring company due to their quality of suppliers or of subcontractors should also be involved.

| 13. | Existing financial support systems channelled through the European Regional Development Fund (ERDF) or the European Social Fund (ESF) within the framework of the new financial perspectives 2014-2020 should not replace incentives at national level based on anticipation, preparation and responsible management. The European Globalisation Adjustment Fund (EGF) should continue, with strengthened capacity, in order to act in a reactive, temporary and palliative way. |
| --- | --- |

13.

Existing financial support systems channelled through the European Regional Development Fund (ERDF) or the European Social Fund (ESF) within the framework of the new financial perspectives 2014-2020 should not replace incentives at national level based on anticipation, preparation and responsible management. The European Globalisation Adjustment Fund (EGF) should continue, with strengthened capacity, in order to act in a reactive, temporary and palliative way.

| 14. | It is important that companies, in conjunction with workers' representatives, create tools for regular evaluation and reporting on their activities concerning the anticipation of restructuring, in respect of national laws or practices. |
| --- | --- |

14.

It is important that companies, in conjunction with workers' representatives, create tools for regular evaluation and reporting on their activities concerning the anticipation of restructuring, in respect of national laws or practices.

| 15. | The new focus of economic governance is the consolidation of state budgets, so that restrictions on public spending are jeopardising measures to cushion the adverse impact of restructuring operations. |
| --- | --- |

15.

The new focus of economic governance is the consolidation of state budgets, so that restrictions on public spending are jeopardising measures to cushion the adverse impact of restructuring operations.

| 16. | Any Union provision should cover companies or group of companies, both privately and publicly owned, in accordance with the Union and national law and/or collective agreements. In any case to major restructuring operations of companies and groups of companies, implying either an important number of workers or an important percentage of the staff of those companies, in a limited amount of time. |
| --- | --- |

16.

Any Union provision should cover companies or group of companies, both privately and publicly owned, in accordance with the Union and national law and/or collective agreements. In any case to major restructuring operations of companies and groups of companies, implying either an important number of workers or an important percentage of the staff of those companies, in a limited amount of time.

| 17. | Any Union framework on anticipation, preparation and management of change and restructuring should encourage and give precedent to agreement between the company and its workers' representatives at local level. Only in the absence of such agreement should standard rule apply. |
| --- | --- |

17.

Any Union framework on anticipation, preparation and management of change and restructuring should encourage and give precedent to agreement between the company and its workers' representatives at local level. Only in the absence of such agreement should standard rule apply.

Recommendation 2 on the objective

| 1. | The purpose is to promote and facilitate information and consultation in economic change and improve the way in which companies, workers' representatives, public authorities and other relevant stakeholders, each with different responsibility at different stages in the process of restructuring, throughout the Union anticipate, prepare and manage in a socially and environmentally responsible way corporate restructuring. |
| --- | --- |

1.

The purpose is to promote and facilitate information and consultation in economic change and improve the way in which companies, workers' representatives, public authorities and other relevant stakeholders, each with different responsibility at different stages in the process of restructuring, throughout the Union anticipate, prepare and manage in a socially and environmentally responsible way corporate restructuring.

| 2. | To that end, companies and workers' representatives, when dealing with restructuring, in a spirit of cooperation, recognise that these processes aim to protect both the interests of companies as regards their competitiveness and sustainability and those of their workers, as regards social, employment, health and working conditions. |
| --- | --- |

2.

To that end, companies and workers' representatives, when dealing with restructuring, in a spirit of cooperation, recognise that these processes aim to protect both the interests of companies as regards their competitiveness and sustainability and those of their workers, as regards social, employment, health and working conditions.

Recommendation 3 on definitions and scope

| 1. | For the purposes of this act:






  (a) | ‘companies’ mean companies or groups of companies, both privately and publicly owned, in accordance with Union and national law and/or collective agreements; |
| --- | --- | --- |

1.

For the purposes of this act:

(a)

‘companies’ mean companies or groups of companies, both privately and publicly owned, in accordance with Union and national law and/or collective agreements;

| (b) | ‘dependent companies’ mean companies and firms in a situation of substantial dependence of the ones above by reasons of subcontracting, supply contract and others; |
| --- | --- |

(b)

‘dependent companies’ mean companies and firms in a situation of substantial dependence of the ones above by reasons of subcontracting, supply contract and others;

| (c) | ‘workers' representatives’ mean the ones provided for by national law and/or practice; |
| --- | --- |

(c)

‘workers' representatives’ mean the ones provided for by national law and/or practice;

| (d) | ‘agreements’ mean agreements concluded at the relevant level (European, national, sectoral, regional or company-level) by, on one hand, representatives of the companies and/or their organisations, and, on the other hand, representatives of the workers with the capacity to conclude collective agreements under national law and/or practice or under the procedures laid down by the competent trade union organisations at European level; |
| --- | --- |

(d)

‘agreements’ mean agreements concluded at the relevant level (European, national, sectoral, regional or company-level) by, on one hand, representatives of the companies and/or their organisations, and, on the other hand, representatives of the workers with the capacity to conclude collective agreements under national law and/or practice or under the procedures laid down by the competent trade union organisations at European level;

| (e) | ‘workers’ mean the workers of the companies, irrespective of the type of employment contract; |
| --- | --- |

(e)

‘workers’ mean the workers of the companies, irrespective of the type of employment contract;

| (f) | ‘public authorities’ mean bodies of the public administration at the relevant level, as designated by Member States, including local employment services; |
| --- | --- |

(f)

‘public authorities’ mean bodies of the public administration at the relevant level, as designated by Member States, including local employment services;

| (g) | ‘restructuring operation’ means any change which falls within the scope of the Collective Redundancies or Transfer of Undertaking Directives; |
| --- | --- |

(g)

‘restructuring operation’ means any change which falls within the scope of the Collective Redundancies or Transfer of Undertaking Directives;

| (h) | ‘employability’ means the employee's ability, in the light of his or her skills, experience and training, to obtain work or change job; |
| --- | --- |

(h)

‘employability’ means the employee's ability, in the light of his or her skills, experience and training, to obtain work or change job;

| (i) | ‘information and consultation’ is defined in line with the relevant European and national law in this field; |
| --- | --- |

(i)

‘information and consultation’ is defined in line with the relevant European and national law in this field;

| 2. | Any Union act should cover companies or group of companies, both privately and publicly owned, in accordance with Union and national law and/or collective agreements. In any case to major restructuring operations of companies and groups of companies, implying either an important number of workers or an important percentage of the staff of those companies, in a limited amount of time. |
| --- | --- |

2.

Any Union act should cover companies or group of companies, both privately and publicly owned, in accordance with Union and national law and/or collective agreements. In any case to major restructuring operations of companies and groups of companies, implying either an important number of workers or an important percentage of the staff of those companies, in a limited amount of time.

Recommendation 4 on long-term strategic planning, adaptability and employability

| 1. | Any restructuring operation is integrated into a long-term strategy that aims to ensure and strengthen the long-term sustainability and competitiveness of the company, in order to promote a culture of innovation, while recognising that in many cases companies are forced to restructure because of unforeseen changes in market conditions or because of developments in technology. |
| --- | --- |

1.

Any restructuring operation is integrated into a long-term strategy that aims to ensure and strengthen the long-term sustainability and competitiveness of the company, in order to promote a culture of innovation, while recognising that in many cases companies are forced to restructure because of unforeseen changes in market conditions or because of developments in technology.

| 2. | Long-term strategy includes economic development, as well as human resources, employment and skills objectives focused on developing, on a permanent basis, the skills and competences of the workforce in order to increase the competitiveness and sustainability of the company and its capacity of adaptation, as well as to increase the employability of workers, to ease the transition of workers and to enhance their internal and external mobility. |
| --- | --- |

2.

Long-term strategy includes economic development, as well as human resources, employment and skills objectives focused on developing, on a permanent basis, the skills and competences of the workforce in order to increase the competitiveness and sustainability of the company and its capacity of adaptation, as well as to increase the employability of workers, to ease the transition of workers and to enhance their internal and external mobility.

| 3. | To that end, Member States stimulate companies to ensure access for every worker to training in order to anticipate changed job requirements within the company. Workers recognise that education and lifelong learning are necessary to enhance their employability and accept relevant training offers. |
| --- | --- |

3.

To that end, Member States stimulate companies to ensure access for every worker to training in order to anticipate changed job requirements within the company. Workers recognise that education and lifelong learning are necessary to enhance their employability and accept relevant training offers.

| 4. | The training courses on offer represent a genuine long-term investment, whatever the age of the worker. They cover in particular the needs of advanced industrial sectors, new information and communication technology, the transition to a green economy, and health care, and more widely the sectors that will be most effective in achieving the objectives of the EU 2020 strategy. |
| --- | --- |

4.

The training courses on offer represent a genuine long-term investment, whatever the age of the worker. They cover in particular the needs of advanced industrial sectors, new information and communication technology, the transition to a green economy, and health care, and more widely the sectors that will be most effective in achieving the objectives of the EU 2020 strategy.

Recommendation 5 on anticipation of employment and skills needs

| 1. | Companies design, in consultation with workers' representatives with due regard for their reciprocal rights and obligations, and as appropriate with public authorities and other relevant stake-holders, human resource development strategies tailored to their own individual circumstances, as well as mechanisms that anticipate and plan for future employment and skills needs. |
| --- | --- |

1.

Companies design, in consultation with workers' representatives with due regard for their reciprocal rights and obligations, and as appropriate with public authorities and other relevant stake-holders, human resource development strategies tailored to their own individual circumstances, as well as mechanisms that anticipate and plan for future employment and skills needs.

| 2. | To that end, companies establish, in co-operation with workers' representatives and other relevant stakeholders:






  (a) | mechanisms for the long-term strategy of quantitative and qualitative employment and skills needs that are linked to innovation and development strategies and that take into account the foreseeable evolution of the economy, employment and skills and working conditions, both positive and negative as well as mechanisms to determine the current skill levels of individual employees; |
| --- | --- | --- |

2.

To that end, companies establish, in co-operation with workers' representatives and other relevant stakeholders:

(a)

mechanisms for the long-term strategy of quantitative and qualitative employment and skills needs that are linked to innovation and development strategies and that take into account the foreseeable evolution of the economy, employment and skills and working conditions, both positive and negative as well as mechanisms to determine the current skill levels of individual employees;

| (b) | multiannual plans of employment, skills and working conditions development covering the most relevant areas, for example:






  — | identification and anticipation of competence and qualifications needs; |
| --- | --- | --- |

(b)

multiannual plans of employment, skills and working conditions development covering the most relevant areas, for example:

—

identification and anticipation of competence and qualifications needs;

| — | support for the creation of learning culture to help workers enrol in an adequate training; |
| --- | --- |

—

support for the creation of learning culture to help workers enrol in an adequate training;

| — | regular individual skills assessment leading to individual training maps; |
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—

regular individual skills assessment leading to individual training maps;

| — | regular working conditions assessments especially in regard to the organisation of work; |
| --- | --- |

—

regular working conditions assessments especially in regard to the organisation of work;

| — | individual training plans with quantitative targets; |
| --- | --- |

—

individual training plans with quantitative targets;

| — | an annual training budget; |
| --- | --- |

—

an annual training budget;

| — | individual learning accounts; |
| --- | --- |

—

individual learning accounts;

| — | training programs, both in-house and externally; |
| --- | --- |

—

training programs, both in-house and externally;

| — | leave of absence for educational purposes; |
| --- | --- |

—

leave of absence for educational purposes;

| — | specific training measures to deal with identified problems. |
| --- | --- |

—

specific training measures to deal with identified problems.

| 3. | Every worker is offered a given number of hours of training per year to be determined by law or collective agreement. However, the training needs should be mainly identified through skill-assessment, to check that their employability is maintained. |
| --- | --- |

3.

Every worker is offered a given number of hours of training per year to be determined by law or collective agreement. However, the training needs should be mainly identified through skill-assessment, to check that their employability is maintained.

| 4. | The training needs of individual workers should be reviewed on a regular basis and appropriate training solutions identified, where necessary. |
| --- | --- |

4.

The training needs of individual workers should be reviewed on a regular basis and appropriate training solutions identified, where necessary.

| 5. | The provisions of paragraphs 1 to 3 do not refer to companies and workers covered by an agreement, concluded at the relevant level and with the relevant parties, on the procedures for anticipating skills or assessment of employment and skills needs. |
| --- | --- |

5.

The provisions of paragraphs 1 to 3 do not refer to companies and workers covered by an agreement, concluded at the relevant level and with the relevant parties, on the procedures for anticipating skills or assessment of employment and skills needs.

| 6. | Whenever possible and appropriate, companies:






  (a) | develop the mechanisms and plans provided for in paragraph 2 in close cooperation with external actors, including regional authorities, universities and other education and training providers, technological institutes; |
| --- | --- | --- |

6.

Whenever possible and appropriate, companies:

(a)

develop the mechanisms and plans provided for in paragraph 2 in close cooperation with external actors, including regional authorities, universities and other education and training providers, technological institutes;

| (b) | participate or contribute to external employment and skills observatories, partnerships, networks and other relevant initiatives taken in the region and/or sector concerned, innovation centres and development agencies; |
| --- | --- |

(b)

participate or contribute to external employment and skills observatories, partnerships, networks and other relevant initiatives taken in the region and/or sector concerned, innovation centres and development agencies;

| 7. | The practical implementing arrangements shall be laid down in an agreement concluded between the parties concerned. |
| --- | --- |

7.

The practical implementing arrangements shall be laid down in an agreement concluded between the parties concerned.

| 8. | Dependent companies are informed of the changes and plans provided for in paragraph 2. Their workers can be covered by those mechanisms and plans upon the request of the dependent company, justified on the grounds that those mechanisms and plans are required or useful for their own adaptation and development. This does not preclude dependent companies from developing their own mechanisms. |
| --- | --- |

8.

Dependent companies are informed of the changes and plans provided for in paragraph 2. Their workers can be covered by those mechanisms and plans upon the request of the dependent company, justified on the grounds that those mechanisms and plans are required or useful for their own adaptation and development. This does not preclude dependent companies from developing their own mechanisms.

Recommendation 6 on early preparation

| 1. | Except in circumstances where restructuring is triggered by unforeseen or sudden events, any restructuring operation, in particular when it is likely to have a significant negative impact, is preceded by an appropriate preparation with the relevant stakeholders, according to their respective competences, concerned with a view to preventing or alleviating its economic, social and local impact. |
| --- | --- |

1.

Except in circumstances where restructuring is triggered by unforeseen or sudden events, any restructuring operation, in particular when it is likely to have a significant negative impact, is preceded by an appropriate preparation with the relevant stakeholders, according to their respective competences, concerned with a view to preventing or alleviating its economic, social and local impact.

| 2. | Restructuring is in general triggered by exceptional circumstances resulting from changes in markets or developments in technology. It is in the interest of all concerned that when such exceptional circumstances occur management and employees engage in timely discussions in line with the information and consultation requirements of existing Union legislation. |
| --- | --- |

2.

Restructuring is in general triggered by exceptional circumstances resulting from changes in markets or developments in technology. It is in the interest of all concerned that when such exceptional circumstances occur management and employees engage in timely discussions in line with the information and consultation requirements of existing Union legislation.

| 3. | Any proposed restructuring operation should be fully explained to employees' representatives who should be given such information about the proposed restructuring as to enable them to undertake an in-depth assessment and to prepare for consultations, where appropriate. |
| --- | --- |

3.

Any proposed restructuring operation should be fully explained to employees' representatives who should be given such information about the proposed restructuring as to enable them to undertake an in-depth assessment and to prepare for consultations, where appropriate.

| 4. | This preparation is carried out as early as possible and starts as soon as the need to restructure is contemplated, respecting the methods and procedures negotiated at the level of the sector, of the region of the company concerned, should the case arise. Except in the exceptional circumstances referred to in paragraph 1 above, it is carried out within a timeframe that allows for meaningful consultation of all concerned stakeholders and the adoption of measures making it possible to avoid or to mitigate to the minimum its negative impact from the economic, social and local point of view. |
| --- | --- |

4.

This preparation is carried out as early as possible and starts as soon as the need to restructure is contemplated, respecting the methods and procedures negotiated at the level of the sector, of the region of the company concerned, should the case arise. Except in the exceptional circumstances referred to in paragraph 1 above, it is carried out within a timeframe that allows for meaningful consultation of all concerned stakeholders and the adoption of measures making it possible to avoid or to mitigate to the minimum its negative impact from the economic, social and local point of view.

| 5. | The local economic actors, in particular companies and their workers in a situation of dependence in relation to the restructuring company should also be informed from the beginning about the proposed restructuring. |
| --- | --- |

5.

The local economic actors, in particular companies and their workers in a situation of dependence in relation to the restructuring company should also be informed from the beginning about the proposed restructuring.

| 6. | It is crucial that there should be transparency and timely information for employees concerning a company’s situation so that they can be involved in restructuring and in the processes of anticipating change. Employees must be involved in discussions at an early stage so that they can take part in the processes of company restructuring, or of planning the possible buy-out of the company in the event of closure. |
| --- | --- |

6.

It is crucial that there should be transparency and timely information for employees concerning a company’s situation so that they can be involved in restructuring and in the processes of anticipating change. Employees must be involved in discussions at an early stage so that they can take part in the processes of company restructuring, or of planning the possible buy-out of the company in the event of closure.

| 7. | In the context of any restructuring the impact on dismissals should be dealt with as a priority, with a clear and transparent commitment by the company with regard to employment. |
| --- | --- |

7.

In the context of any restructuring the impact on dismissals should be dealt with as a priority, with a clear and transparent commitment by the company with regard to employment.

Recommendation 7 on information and consultation concerning business decisions

| 1. | Any restructuring operation, in particular those likely to have a negative impact on employment, is accompanied by an early explanation and justification to the relevant stakeholders before any practical measures are taken, irrespective of whether the restructuring operation is to be carried out on the basis of either long-term strategic goals and requirements or short-term constraints and whether the decision regarding restructuring is being taken by the company or by a group controlling the company. |
| --- | --- |

1.

Any restructuring operation, in particular those likely to have a negative impact on employment, is accompanied by an early explanation and justification to the relevant stakeholders before any practical measures are taken, irrespective of whether the restructuring operation is to be carried out on the basis of either long-term strategic goals and requirements or short-term constraints and whether the decision regarding restructuring is being taken by the company or by a group controlling the company.

| 2. | The measures provided for in paragraph 1 include the reason for the choice of the measures envisaged in order to achieve the objectives, after having evaluated other possible options, in the light of all the interests concerned. |
| --- | --- |

2.

The measures provided for in paragraph 1 include the reason for the choice of the measures envisaged in order to achieve the objectives, after having evaluated other possible options, in the light of all the interests concerned.

| 3. | Companies from the beginning inform the public authorities and workers' representatives at the relevant level, in particular at local level in due time, and involve them as much as possible in the implementation of the restructuring process. |
| --- | --- |

3.

Companies from the beginning inform the public authorities and workers' representatives at the relevant level, in particular at local level in due time, and involve them as much as possible in the implementation of the restructuring process.

| 4. | The local economic actors, in particular companies and their workers in a situation of dependence in relation to the restructuring company are also informed as soon as possible about the restructuring process. |
| --- | --- |

4.

The local economic actors, in particular companies and their workers in a situation of dependence in relation to the restructuring company are also informed as soon as possible about the restructuring process.

| 5. | This provision shall not apply if comparable rules on the information and consultation of employees’ representatives are in force at national level. |
| --- | --- |

5.

This provision shall not apply if comparable rules on the information and consultation of employees’ representatives are in force at national level.

Recommendation 8 on minimising internal social costs through a social plan

| 1. | When the need to restructure occurs, companies consider redundancies only as last resort and only after having considered all possible alternative options and identifying and, where available, implementing supporting measures. |
| --- | --- |

1.

When the need to restructure occurs, companies consider redundancies only as last resort and only after having considered all possible alternative options and identifying and, where available, implementing supporting measures.

| 2. | In particular, companies consider all relevant options as alternatives and engage into a dialogue with internal and external stakeholders to try and associate them to the solution for redundancies, for example:






  (a) | phasing planned measures over time; |
| --- | --- | --- |

2.

In particular, companies consider all relevant options as alternatives and engage into a dialogue with internal and external stakeholders to try and associate them to the solution for redundancies, for example:

(a)

phasing planned measures over time;

| (b) | reduction in work intensification; |
| --- | --- |

(b)

reduction in work intensification;

| (c) | temporary or long-term working-time reduction or re-organisation; |
| --- | --- |

(c)

temporary or long-term working-time reduction or re-organisation;

| (d) | re-negotiation of working conditions; |
| --- | --- |

(d)

re-negotiation of working conditions;

| (e) | internal or external redeployment within the group of companies or other companies not belonging to the same group; |
| --- | --- |

(e)

internal or external redeployment within the group of companies or other companies not belonging to the same group;

| (f) | in-sourcing of external activities; |
| --- | --- |

(f)

in-sourcing of external activities;

| (g) | negotiated departures; and |
| --- | --- |

(g)

negotiated departures; and

| (h) | natural departures. |
| --- | --- |

(h)

natural departures.

| 3. | When redundancies cannot be avoided or as part of the package to be implemented in the context of alternative options, companies, with the assistance of local authorities and public/private employment services, participate in making available to the workers concerned such assistance as is appropriate in the circumstances aimed at reinforcing their employability and helping them to re-enter the labour market in a quick and sustainable way. |
| --- | --- |

3.

When redundancies cannot be avoided or as part of the package to be implemented in the context of alternative options, companies, with the assistance of local authorities and public/private employment services, participate in making available to the workers concerned such assistance as is appropriate in the circumstances aimed at reinforcing their employability and helping them to re-enter the labour market in a quick and sustainable way.

| 4. | Notwithstanding their obligations resulting from EU and national law and practices, companies envisage the following employability measures insofar as they prove to be necessary or useful for limiting the impact of the operation:






  — | provide information to workers threatened by redundancy or made redundant about the labour market, their rights and the conditions negotiated during the restructuring process; |
| --- | --- | --- |

4.

Notwithstanding their obligations resulting from EU and national law and practices, companies envisage the following employability measures insofar as they prove to be necessary or useful for limiting the impact of the operation:

—

provide information to workers threatened by redundancy or made redundant about the labour market, their rights and the conditions negotiated during the restructuring process;

| — | creating redeployment and/or mobility cells; |
| --- | --- |

—

creating redeployment and/or mobility cells;

| — | training and re-training; |
| --- | --- |

—

training and re-training;

| — | individualised professional guidance; |
| --- | --- |

—

individualised professional guidance;

| — | help in job-search, including paid time-off to search for jobs; |
| --- | --- |

—

help in job-search, including paid time-off to search for jobs;

| — | fair compensation; |
| --- | --- |

—

fair compensation;

| — | facilitating the creation of own business and co-operatives, as wall as different forms of financial participation; |
| --- | --- |

—

facilitating the creation of own business and co-operatives, as wall as different forms of financial participation;

| — | monitoring, surveillance and counselling aimed to avoid or minimise the negative impact of the restructuring process on both the physical and psycho-social for both redundant workers, if any, and those staying; |
| --- | --- |

—

monitoring, surveillance and counselling aimed to avoid or minimise the negative impact of the restructuring process on both the physical and psycho-social for both redundant workers, if any, and those staying;

| — | awarding reemployment rights for previously made redundant workers; |
| --- | --- |

—

awarding reemployment rights for previously made redundant workers;

| — | facilitating transfer of undertaking, including to employees in a form of a co-operative; |
| --- | --- |

—

facilitating transfer of undertaking, including to employees in a form of a co-operative;

| — | providing psycho-social assistance, where appropriate. |
| --- | --- |

—

providing psycho-social assistance, where appropriate.

Recommendation 9 on agreements on managing restructuring processes

| 1. | Companies and their workers' representatives should negotiate collective agreements to cover the issues arising from the proposed restructuring, where appropriate. |
| --- | --- |

1.

Companies and their workers' representatives should negotiate collective agreements to cover the issues arising from the proposed restructuring, where appropriate.

| 2. | The provisions of Recommendations 6 and 7are not meant for companies and workers covered by an agreement concluded at the relevant level and with the relevant parties on the procedures and mechanism for preparing, managing in a socially responsible way and minimising internal social costs of restructuring operations. |
| --- | --- |

2.

The provisions of Recommendations 6 and 7are not meant for companies and workers covered by an agreement concluded at the relevant level and with the relevant parties on the procedures and mechanism for preparing, managing in a socially responsible way and minimising internal social costs of restructuring operations.

Recommendation 10 on minimising external economic and social and environmental impacts

| 1. | When a restructuring operation has major local effects, companies seek to develop complementarities and synergies between their preparatory action and the actions of the all the other actors, with a view to maximising the re-employment opportunities of workers, in order to encouraging economic, social and environmental re-conversion and to developing new sustainable economic activities generating quality jobs by concluding agreements between companies of the same activity or geographical sector for the re-employment of workers made redundant. |
| --- | --- |

1.

When a restructuring operation has major local effects, companies seek to develop complementarities and synergies between their preparatory action and the actions of the all the other actors, with a view to maximising the re-employment opportunities of workers, in order to encouraging economic, social and environmental re-conversion and to developing new sustainable economic activities generating quality jobs by concluding agreements between companies of the same activity or geographical sector for the re-employment of workers made redundant.

| 2. | For the purpose of paragraph 1, companies inform the regional or local authorities and other relevant actors of the measures being prepared in accordance with recommendation 8. They participate and/or contribute to any task-force or network established at regional or sectoral level to minimise the impact of the operation. |
| --- | --- |

2.

For the purpose of paragraph 1, companies inform the regional or local authorities and other relevant actors of the measures being prepared in accordance with recommendation 8. They participate and/or contribute to any task-force or network established at regional or sectoral level to minimise the impact of the operation.

| 3. | Insofar as this proves to be necessary and in accordance with national or regional requirements, companies design and implement strategies aimed at rehabilitating and/or reallocating industrial sites likely to be abandoned, as an environment measure, as a means to attract new activities and a way to absorb a proportion of the jobs to be lost. |
| --- | --- |

3.

Insofar as this proves to be necessary and in accordance with national or regional requirements, companies design and implement strategies aimed at rehabilitating and/or reallocating industrial sites likely to be abandoned, as an environment measure, as a means to attract new activities and a way to absorb a proportion of the jobs to be lost.

| 4. | The measures referred to in Recommendation 8 shall cover, as far as possible, the workers of companies that are dependent. Dependent companies and their workers are informed of those measures if such information is required or useful for their own adaptation and for the management of the restructuring process within those companies. |
| --- | --- |

4.

The measures referred to in Recommendation 8 shall cover, as far as possible, the workers of companies that are dependent. Dependent companies and their workers are informed of those measures if such information is required or useful for their own adaptation and for the management of the restructuring process within those companies.

Recommendation 11 on public support

| 1. | Member States will also ensure that the public authorities and all bodies depending on their own authority provide the assistance or advice which is required from them in order to ease and facilitate a smooth process of restructuring, in order to minimize the impact. |
| --- | --- |

1.

Member States will also ensure that the public authorities and all bodies depending on their own authority provide the assistance or advice which is required from them in order to ease and facilitate a smooth process of restructuring, in order to minimize the impact.

| 2. | Public authorities and employment services at different levels intervene in an anticipation and management capacity by:






  (a) | Promoting the dialogue, coordination and the collaboration of external stakeholders |
| --- | --- | --- |

2.

Public authorities and employment services at different levels intervene in an anticipation and management capacity by:

(a)

Promoting the dialogue, coordination and the collaboration of external stakeholders

| (b) | Supporting the anticipation of processes and particular restructuring operations, with a view to alleviating their economic, social and environmental impact. |
| --- | --- |

(b)

Supporting the anticipation of processes and particular restructuring operations, with a view to alleviating their economic, social and environmental impact.

| 3. | Public authorities and employment services assist or advise, in close co-operation with social partner organisations at the relevant level, the mechanisms for long-term planning and multi-annual plans of employment and skills needs developed within companies, notably in organizing skill assessment for all workers concerned. |
| --- | --- |

3.

Public authorities and employment services assist or advise, in close co-operation with social partner organisations at the relevant level, the mechanisms for long-term planning and multi-annual plans of employment and skills needs developed within companies, notably in organizing skill assessment for all workers concerned.

| 4. | In regions affected by structural change, public authorities should consider as appropriate, in close co-operation with social partner organisations at the relevant level:






  (a) | creating permanent bodies, networks or observatories to anticipate change processes and provide free skill assessment, in priority for workers suffering from lack of employability; |
| --- | --- | --- |

4.

In regions affected by structural change, public authorities should consider as appropriate, in close co-operation with social partner organisations at the relevant level:

(a)

creating permanent bodies, networks or observatories to anticipate change processes and provide free skill assessment, in priority for workers suffering from lack of employability;

| (b) | promoting territorial employment pacts aimed at favouring employment creation and adaptation, as well as decent working conditions and try to attract investment by all means, taking into account of the local tissue of micro, small and medium-sized undertakings; |
| --- | --- |

(b)

promoting territorial employment pacts aimed at favouring employment creation and adaptation, as well as decent working conditions and try to attract investment by all means, taking into account of the local tissue of micro, small and medium-sized undertakings;

| (c) | promoting or create mechanisms facilitating employment transitions including by company networking and exchange of good practices; |
| --- | --- |

(c)

promoting or create mechanisms facilitating employment transitions including by company networking and exchange of good practices;

| (d) | implementing training actions benefiting small and medium-sized companies and their workers and support dialogue and co-operation between these and large companies; |
| --- | --- |

(d)

implementing training actions benefiting small and medium-sized companies and their workers and support dialogue and co-operation between these and large companies;

| (e) | favouring regional employment and economic, social and environmental re-conversion; |
| --- | --- |

(e)

favouring regional employment and economic, social and environmental re-conversion;

| (f) | encouraging possibilities for technological innovations, particularly in connection with reducing carbon emissions. |
| --- | --- |

(f)

encouraging possibilities for technological innovations, particularly in connection with reducing carbon emissions.

Recommendation 12 on financial support

| 1. | Without prejudice to the obligations of companies resulting from Union law, national laws or practices, public authorities provide, where possible, financial support and other assistance resources to employability measures favouring workers of companies undergoing restructuring, insofar as this type of support is necessary or appropriate for allowing them to quickly re-enter the labour market. |
| --- | --- |

1.

Without prejudice to the obligations of companies resulting from Union law, national laws or practices, public authorities provide, where possible, financial support and other assistance resources to employability measures favouring workers of companies undergoing restructuring, insofar as this type of support is necessary or appropriate for allowing them to quickly re-enter the labour market.

| 2. | In accordance with the rules governing them, Union Funds, and in particular ERDF and ESF, may be used in supporting integrated action to anticipate and to prepare for restructuring, as well as to help employers to adapt to change for the purposes of paragraphs 1 and 2. |
| --- | --- |

2.

In accordance with the rules governing them, Union Funds, and in particular ERDF and ESF, may be used in supporting integrated action to anticipate and to prepare for restructuring, as well as to help employers to adapt to change for the purposes of paragraphs 1 and 2.

| 3. | Without replacing any obligations of Member States or employers resulting from Union law, national laws or practices, in accordance with the rules governing it, the EGF may be useful to provide financial support for the rapid reintegration of redundant workers into employment. |
| --- | --- |

3.

Without replacing any obligations of Member States or employers resulting from Union law, national laws or practices, in accordance with the rules governing it, the EGF may be useful to provide financial support for the rapid reintegration of redundant workers into employment.

Recommendation 13 on designation of the relevant public authorities

Member States designate the public authorities, at national, regional or local level that are responsible for the purposes of this act.

Recommendation 14

| 1. | Companies create tools for the regular evaluation and reporting on their restructuring practices, in co-operation with workers' representatives and, when appropriate with the external organisations involved in that process. |
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1.

Companies create tools for the regular evaluation and reporting on their restructuring practices, in co-operation with workers' representatives and, when appropriate with the external organisations involved in that process.

| 2. | Member States cooperate with the European Foundation for the Improvement of Living and Working Conditions by providing statistical information on restructuring operations. |
| --- | --- |

2.

Member States cooperate with the European Foundation for the Improvement of Living and Working Conditions by providing statistical information on restructuring operations.

| 3. | This framework does not in any way prejudice rights and obligations resulting from EU law in the fields of worker involvement. Member States may introduce or maintain provisions which are more favourable to the protection of the principle of equal treatment. |
| --- | --- |

3.

This framework does not in any way prejudice rights and obligations resulting from EU law in the fields of worker involvement. Member States may introduce or maintain provisions which are more favourable to the protection of the principle of equal treatment.

| 4. | This framework does not in any way prejudice any employment protection obligations related to compensatory payment in the event of employment termination. Its implementation under no circumstances constitutes grounds for a reduction in the level of protection against discrimination already afforded by Member States. |
| --- | --- |

4.

This framework does not in any way prejudice any employment protection obligations related to compensatory payment in the event of employment termination. Its implementation under no circumstances constitutes grounds for a reduction in the level of protection against discrimination already afforded by Member States.

| 5. | Each Member State provides, in specific cases and subject to the conditions and limitations laid down by national legislation, that companies are not obliged to transmit information when its nature is such that, according to objective criteria, it would seriously harm their functioning or would be prejudicial to them. A Member State may provide that such dispensation is to be subject to prior administrative or judicial authorisation. |
| --- | --- |

5.

Each Member State provides, in specific cases and subject to the conditions and limitations laid down by national legislation, that companies are not obliged to transmit information when its nature is such that, according to objective criteria, it would seriously harm their functioning or would be prejudicial to them. A Member State may provide that such dispensation is to be subject to prior administrative or judicial authorisation.

| 6. | Member States provide that workers' representatives and any other person who accede to information which has been provided to them expressly as a result of these acts are not authorised to reveal it if it has been delivered on a confidential basis according to national law and practice. |
| --- | --- |

6.

Member States provide that workers' representatives and any other person who accede to information which has been provided to them expressly as a result of these acts are not authorised to reveal it if it has been delivered on a confidential basis according to national law and practice.

| 7. | Member States should exclude the companies that do not comply with Union legislation from the benefit of public aids from the national budgets. |
| --- | --- |

7.

Member States should exclude the companies that do not comply with Union legislation from the benefit of public aids from the national budgets.

| 8. | Notwithstanding paragraph 7, nothing precludes the use of funds from the general budget of the European Union and from national budgets for the direct benefit of the workers of the companies referred to in that paragraph. |
| --- | --- |

8.

Notwithstanding paragraph 7, nothing precludes the use of funds from the general budget of the European Union and from national budgets for the direct benefit of the workers of the companies referred to in that paragraph.

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| 30.12.2015 | EN | Official Journal of the European Union | C 440/38 |
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30.12.2015

EN

Official Journal of the European Union

C 440/38

---

P7_TA(2013)0006

EU strategy for the Horn of Africa

European Parliament resolution of 15 January 2013 on EU Strategy for the Horn of Africa (2012/2026(INI))

(2015/C 440/06)

The European Parliament,

| — | having regard to its resolution of 10 May 2012 on maritime piracy (1), |
| --- | --- |

—

having regard to its resolution of 10 May 2012 on maritime piracy (1),

| — | having regard to its resolution of 15 January 2009 on the situation in the Horn of Africa (2), |
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—

having regard to its resolution of 15 January 2009 on the situation in the Horn of Africa (2),

| — | having regard to its resolution of 10 March 2010 on the 2008 Common Foreign and Security Policy Annual Report (3), |
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—

having regard to its resolution of 10 March 2010 on the 2008 Common Foreign and Security Policy Annual Report (3),

| — | having regard to its resolution of 11 May 2011 on the 2009 Common Foreign and Security Policy Annual Report (4), |
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—

having regard to its resolution of 11 May 2011 on the 2009 Common Foreign and Security Policy Annual Report (4),

| — | having regard to its resolution of 12 September 2012 on the Annual Report from the Council to the European Parliament on the Common Foreign and Security Policy (5), |
| --- | --- |

—

having regard to its resolution of 12 September 2012 on the Annual Report from the Council to the European Parliament on the Common Foreign and Security Policy (5),

| — | having regard to the Council conclusions on the Horn of Africa of 14 November 2011, and, in particular, to the Strategic Framework set out in their annex, |
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—

having regard to the Council conclusions on the Horn of Africa of 14 November 2011, and, in particular, to the Strategic Framework set out in their annex,

| — | having regard to the European Security Strategy and to the paper of 14 March 2008 from the High Representative and the Commission to the European Council entitled ‘Climate change and international security’, |
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—

having regard to the European Security Strategy and to the paper of 14 March 2008 from the High Representative and the Commission to the European Council entitled ‘Climate change and international security’,

| — | having regard to the final report of the European Union Electoral Observation Mission on the Ethiopian elections of 23 May 2010, |
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—

having regard to the final report of the European Union Electoral Observation Mission on the Ethiopian elections of 23 May 2010,

| — | having regard to the adoption of a constitution for Somalia by 825 members of the National Constituent Assembly on 1 August 2012; having regard to the democratic election on 11 September 2012 of a new Somali president as part of the transition process, |
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—

having regard to the adoption of a constitution for Somalia by 825 members of the National Constituent Assembly on 1 August 2012; having regard to the democratic election on 11 September 2012 of a new Somali president as part of the transition process,

| — | having regard to the Council conclusions on the Common Security and Defence Policy of 1 December 2011 and 23 July 2012, |
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—

having regard to the Council conclusions on the Common Security and Defence Policy of 1 December 2011 and 23 July 2012,

| — | having regard to the UN Security Council resolutions on the situation in Somalia, in particular resolution 2067 (2012), |
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—

having regard to the UN Security Council resolutions on the situation in Somalia, in particular resolution 2067 (2012),

| — | having regard to the African Union Mission to Somalia (AMISOM), its strategic concept dated 5 January 2012 on establishing a presence in the four sectors, and to UN Security Council Resolution 2036 (2012) requesting the African Union to ‘increase AMISOM’s numbers from 12 000 to a maximum of 17 731 uniformed personnel, comprising troops and personnel from trained police units’, |
| --- | --- |

—

having regard to the African Union Mission to Somalia (AMISOM), its strategic concept dated 5 January 2012 on establishing a presence in the four sectors, and to UN Security Council Resolution 2036 (2012) requesting the African Union to ‘increase AMISOM’s numbers from 12 000 to a maximum of 17 731 uniformed personnel, comprising troops and personnel from trained police units’,

| — | having regard to UN Security Council resolution 1820 (2008), on women, peace and security, |
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—

having regard to UN Security Council resolution 1820 (2008), on women, peace and security,

| — | having regard to the UN report of 25 January 2011 and the 25 proposals it contains put forward by Jack Lang, the Special Adviser to the UN Secretary-General on legal issues related to piracy off the coast of Somalia; having regard to the follow-up reports by Jack Lang, including the report on the modalities for the establishment of specialised Somali anti-piracy courts of 15 June 2011, and the report of the Secretary-General on specialised anti-piracy courts in Somalia and other States in the region of 20 January 2012; |
| --- | --- |

—

having regard to the UN report of 25 January 2011 and the 25 proposals it contains put forward by Jack Lang, the Special Adviser to the UN Secretary-General on legal issues related to piracy off the coast of Somalia; having regard to the follow-up reports by Jack Lang, including the report on the modalities for the establishment of specialised Somali anti-piracy courts of 15 June 2011, and the report of the Secretary-General on specialised anti-piracy courts in Somalia and other States in the region of 20 January 2012;

| — | having regard to the Joint Africa-EU Strategy, |
| --- | --- |

—

having regard to the Joint Africa-EU Strategy,

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

having regard to Rule 48 of its Rules of Procedure,

| — | having regard to the report of the Committee on Foreign Affairs and the opinion of the Committee on Development (A7-0408/2012), |
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—

having regard to the report of the Committee on Foreign Affairs and the opinion of the Committee on Development (A7-0408/2012),

| A. | whereas the Horn of Africa is one of the most food-insecure regions in the world and millions of people living in the region are undernourished and at risk of famine; whereas this geographical region includes countries which are among those with the lowest health standards in the world; whereas it is also one of the world’s poorest regions and one of those most lacking in governance; whereas human insecurity and food insecurity in particular compound acute humanitarian crises in the region; whereas the international community has failed to take preventive steps to address the issues of human security, drought and famine there; |
| --- | --- |

A.

whereas the Horn of Africa is one of the most food-insecure regions in the world and millions of people living in the region are undernourished and at risk of famine; whereas this geographical region includes countries which are among those with the lowest health standards in the world; whereas it is also one of the world’s poorest regions and one of those most lacking in governance; whereas human insecurity and food insecurity in particular compound acute humanitarian crises in the region; whereas the international community has failed to take preventive steps to address the issues of human security, drought and famine there;

| B. | whereas the region has a long history of conflicts, and whereas there is a relationship between conflict, poverty and underdevelopment; whereas sustainable development cannot be achieved in an environment characterised by tensions, armed conflicts and unstable government institutions, while at the same time poverty and underdevelopment operate as conflict-generating factors; whereas climate change is likely to further exacerbate the situation in the region, where severe droughts have already become more frequent; |
| --- | --- |

B.

whereas the region has a long history of conflicts, and whereas there is a relationship between conflict, poverty and underdevelopment; whereas sustainable development cannot be achieved in an environment characterised by tensions, armed conflicts and unstable government institutions, while at the same time poverty and underdevelopment operate as conflict-generating factors; whereas climate change is likely to further exacerbate the situation in the region, where severe droughts have already become more frequent;

| C. | whereas prolonged instability in the Horn of Africa leads to consequences for the security of the neighbouring countries and the entire continent and, given the existence of terrorist networking in the region, may come to affect the security of other regions, such as Europe, the Arabian peninsula and South Asia; |
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C.

whereas prolonged instability in the Horn of Africa leads to consequences for the security of the neighbouring countries and the entire continent and, given the existence of terrorist networking in the region, may come to affect the security of other regions, such as Europe, the Arabian peninsula and South Asia;

| D. | whereas the vicious circle of insecurity, instability, poverty and bad governance can only be successfully and effectively addressed through a comprehensive and holistic approach committed to achieving development in the countries of the region in a sustainable form; whereas the Horn of Africa exemplifies the development-security nexus, being a region where criminal activity, especially terrorism and piracy, flourishes as a consequence of extreme poverty and bad governance or absence of state governance; |
| --- | --- |

D.

whereas the vicious circle of insecurity, instability, poverty and bad governance can only be successfully and effectively addressed through a comprehensive and holistic approach committed to achieving development in the countries of the region in a sustainable form; whereas the Horn of Africa exemplifies the development-security nexus, being a region where criminal activity, especially terrorism and piracy, flourishes as a consequence of extreme poverty and bad governance or absence of state governance;

| E. | whereas there is a threefold European and wider international interest in the security situation in the Horn of Africa, relating to: firstly, the threat posed by international terrorism and the funds channelled to terrorist organisations from piracy and kidnappings; secondly, the economic threat to international trade and the need to facilitate the safe passage of shipping; and thirdly, the need to assist the UN in its objectives, for example in protecting World Food Programme vessels in the region; |
| --- | --- |

E.

whereas there is a threefold European and wider international interest in the security situation in the Horn of Africa, relating to: firstly, the threat posed by international terrorism and the funds channelled to terrorist organisations from piracy and kidnappings; secondly, the economic threat to international trade and the need to facilitate the safe passage of shipping; and thirdly, the need to assist the UN in its objectives, for example in protecting World Food Programme vessels in the region;

| F. | whereas the EU’s commitment to the region is informed by both its geostrategic importance and the desire to support the people of the Horn and lift them out of poverty; whereas in order to do so and achieve lasting peace, the EU has committed itself to supporting efforts at both regional level — e.g. through IGAD (the Intergovernmental Authority for Development) and the African Union — and national level to consolidate peace and justice on the basis of the principles of inclusion, the rule of law and respect for human rights; |
| --- | --- |

F.

whereas the EU’s commitment to the region is informed by both its geostrategic importance and the desire to support the people of the Horn and lift them out of poverty; whereas in order to do so and achieve lasting peace, the EU has committed itself to supporting efforts at both regional level — e.g. through IGAD (the Intergovernmental Authority for Development) and the African Union — and national level to consolidate peace and justice on the basis of the principles of inclusion, the rule of law and respect for human rights;

| G. | whereas IGAD remains an insufficiently developed instrument for the enhancement of cooperation, integration and security at regional level; whereas there is a need for IGAD to play a central role in the political and security architecture of the Horn of Africa, as well as in conflict prevention and political and economic integration in the region, with a view to committing and anchoring the countries of the region to a common political and economic agenda; |
| --- | --- |

G.

whereas IGAD remains an insufficiently developed instrument for the enhancement of cooperation, integration and security at regional level; whereas there is a need for IGAD to play a central role in the political and security architecture of the Horn of Africa, as well as in conflict prevention and political and economic integration in the region, with a view to committing and anchoring the countries of the region to a common political and economic agenda;

| H. | whereas a continuous belt of insecurity and instability stretching from the Atlantic Ocean to the Indian Ocean would also boost drug-trafficking activities across the southern Atlantic and in Latin America and the Caribbean, as well as encouraging trafficking in arms and people, opening up new trafficking routes and creating opportunities to smuggle drugs to both Europe and the Arabian peninsula; |
| --- | --- |

H.

whereas a continuous belt of insecurity and instability stretching from the Atlantic Ocean to the Indian Ocean would also boost drug-trafficking activities across the southern Atlantic and in Latin America and the Caribbean, as well as encouraging trafficking in arms and people, opening up new trafficking routes and creating opportunities to smuggle drugs to both Europe and the Arabian peninsula;

| I. | whereas competition among states in the region for natural resources, in particular fossil fuels and water, and competition to provide infrastructural access to ports for oil- and gas- producing states as well as access to the sea for landlocked states could further fuel tensions in the region and lead to chronic instability; |
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I.

whereas competition among states in the region for natural resources, in particular fossil fuels and water, and competition to provide infrastructural access to ports for oil- and gas- producing states as well as access to the sea for landlocked states could further fuel tensions in the region and lead to chronic instability;

| J. | whereas long-term viable stability in the Horn of Africa can only be built on strong and accountable democratic institutions, the rule of law and respect for human rights, in particular freedom of expression, and on better economic prospects for society at large; |
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J.

whereas long-term viable stability in the Horn of Africa can only be built on strong and accountable democratic institutions, the rule of law and respect for human rights, in particular freedom of expression, and on better economic prospects for society at large;

| K. | whereas it is essential to actively nurture pockets of stability in the region, tackle poverty, and promote economic recovery as a means of restoring failed states; whereas there can be no security without development and no development without security; |
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K.

whereas it is essential to actively nurture pockets of stability in the region, tackle poverty, and promote economic recovery as a means of restoring failed states; whereas there can be no security without development and no development without security;

| L. | whereas Al-Shabaab’s violent insurgency, the lack of state governance in Somalia, the threat posed by continuous piracy activities off the coast of Somalia, the tensions and potential conflicts between Sudan and South Sudan, the conflict-prone regions of Abiyei and Darfur, the political transition in Ethiopia following the death of Prime Minister Meles Zenawi, the tensions between Ethiopia and Eritrea and Somalia, the tensions between Eritrea and Djibouti, and the terrorist activities of the Lord’s Resistance Army (LRA) all contribute to making the Horn of Africa one of the most conflict-prone regions in the world, the results being immense human suffering, internal displacement of people, the worsening of humanitarian crises, and the obstruction of sustainable social and economic development as well as of democracy and the rule of law; |
| --- | --- |

L.

whereas Al-Shabaab’s violent insurgency, the lack of state governance in Somalia, the threat posed by continuous piracy activities off the coast of Somalia, the tensions and potential conflicts between Sudan and South Sudan, the conflict-prone regions of Abiyei and Darfur, the political transition in Ethiopia following the death of Prime Minister Meles Zenawi, the tensions between Ethiopia and Eritrea and Somalia, the tensions between Eritrea and Djibouti, and the terrorist activities of the Lord’s Resistance Army (LRA) all contribute to making the Horn of Africa one of the most conflict-prone regions in the world, the results being immense human suffering, internal displacement of people, the worsening of humanitarian crises, and the obstruction of sustainable social and economic development as well as of democracy and the rule of law;

| M. | whereas as the fight against Al-Shabaab in Somalia makes incremental advances there is an increasing risk that terrorist activities and destabilisation may move to other parts of Somalia, or further afield in parts of Africa previously not affected |
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M.

whereas as the fight against Al-Shabaab in Somalia makes incremental advances there is an increasing risk that terrorist activities and destabilisation may move to other parts of Somalia, or further afield in parts of Africa previously not affected

| N. | whereas ongoing political instability and conflict in Somalia have virtually destroyed any prospects of sustainable economic development in the region; whereas the lack of stable democratic and economic prospects for the population, particularly the young, together with the absence of democracy, the rule of law, governance or human security, provide fertile ground for encouraging criminal activities, including piracy and drug smuggling, while helping sustain terrorist groups such as Al-Shabaab; whereas it is essential to address such issues in a comprehensive fashion building on all the EU’s external action instruments, and to complement any such action through the establishment of specialised Somali anti-piracy courts once viable state structures are in place in Somalia; |
| --- | --- |

N.

whereas ongoing political instability and conflict in Somalia have virtually destroyed any prospects of sustainable economic development in the region; whereas the lack of stable democratic and economic prospects for the population, particularly the young, together with the absence of democracy, the rule of law, governance or human security, provide fertile ground for encouraging criminal activities, including piracy and drug smuggling, while helping sustain terrorist groups such as Al-Shabaab; whereas it is essential to address such issues in a comprehensive fashion building on all the EU’s external action instruments, and to complement any such action through the establishment of specialised Somali anti-piracy courts once viable state structures are in place in Somalia;

| O. | whereas the Transitional Federal Government of Somalia (TFG) has failed to create a stable and inclusive administration capable of promoting consensus among its various ethnic and political components; whereas the new Somali government must receive full support from the international community so that it can take on the challenges facing Somalia and restore sustainable political, democratic, ethnic and social stability; |
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O.

whereas the Transitional Federal Government of Somalia (TFG) has failed to create a stable and inclusive administration capable of promoting consensus among its various ethnic and political components; whereas the new Somali government must receive full support from the international community so that it can take on the challenges facing Somalia and restore sustainable political, democratic, ethnic and social stability;

| P. | whereas fishing vessels from many countries have taken advantage of the chaos in Somalia to fish in the Somali 200-nautical mile zone since 1990, undermining the livelihood of Somali fishermen; |
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P.

whereas fishing vessels from many countries have taken advantage of the chaos in Somalia to fish in the Somali 200-nautical mile zone since 1990, undermining the livelihood of Somali fishermen;

| Q. | whereas according to the UNHCR there are over one million Somali refugees scattered throughout the Horn of Africa, mainly in Kenya and Ethiopia, and 1,3 million internally displaced people (IDPs) within Somalia; whereas internal conflict, Al-Shaabab terrorism and consecutive drought crises are at the core of the phenomenon of exodus and displacement of people in Somalia, tangibly affecting the whole region; |
| --- | --- |

Q.

whereas according to the UNHCR there are over one million Somali refugees scattered throughout the Horn of Africa, mainly in Kenya and Ethiopia, and 1,3 million internally displaced people (IDPs) within Somalia; whereas internal conflict, Al-Shaabab terrorism and consecutive drought crises are at the core of the phenomenon of exodus and displacement of people in Somalia, tangibly affecting the whole region;

| R. | whereas two events of great significant for the region took place on 20 August 2012: firstly, the death of the Prime Minister of Ethiopia, Meles Zenawi, and secondly, the establishment of the first formal parliament in Somalia in more than two decades; whereas the swearing-in of a new Parliament and the election of a new President of Somalia, Hassan Sheikh Mohamud, on 10 September 2012 represented a historic moment and an important step towards improving peace and security, demonstrating that the situation in Somalia is not irreversible; |
| --- | --- |

R.

whereas two events of great significant for the region took place on 20 August 2012: firstly, the death of the Prime Minister of Ethiopia, Meles Zenawi, and secondly, the establishment of the first formal parliament in Somalia in more than two decades; whereas the swearing-in of a new Parliament and the election of a new President of Somalia, Hassan Sheikh Mohamud, on 10 September 2012 represented a historic moment and an important step towards improving peace and security, demonstrating that the situation in Somalia is not irreversible;

| S. | whereas Ethiopia, Djibouti, Kenya and Uganda have provided military and political support for the efforts to achieve stability in the region, especially through the African Union mission in Somalia (AMISOM), thereby working for a viable solution for security and stability in the region which is African-owned and African-led, with the active support of the international community; whereas the African Union is a valuable partner for peace and stability in the region; |
| --- | --- |

S.

whereas Ethiopia, Djibouti, Kenya and Uganda have provided military and political support for the efforts to achieve stability in the region, especially through the African Union mission in Somalia (AMISOM), thereby working for a viable solution for security and stability in the region which is African-owned and African-led, with the active support of the international community; whereas the African Union is a valuable partner for peace and stability in the region;

| T. | whereas the security and military situation in Somalia remains dangerous and unpredictable; whereas AMISOM has been able to push back the Islamist militia Al Shabaab and has deployed 100 soldiers in Baidoa; whereas Kenya has recently intervened militarily in South-Central Somalia, but was unable to decisively defeat Al Shabaab; whereas the Ethiopian National Defence Forces intervened in the Hiraan region and the Bay region in February 2012; whereas human rights abuses, torture, arbitrary detentions and summary executions, as well as unlawful reprisal attacks against civilians committed by Ethiopian forces and militias loyal to the TFG have been reported by Human Rights Watch; whereas neighbouring Eritrea has been accused by the UN Sanctions Monitoring Group of providing weapons, training and financial support to Al Shabaab, thus violating a UN arms embargo; |
| --- | --- |

T.

whereas the security and military situation in Somalia remains dangerous and unpredictable; whereas AMISOM has been able to push back the Islamist militia Al Shabaab and has deployed 100 soldiers in Baidoa; whereas Kenya has recently intervened militarily in South-Central Somalia, but was unable to decisively defeat Al Shabaab; whereas the Ethiopian National Defence Forces intervened in the Hiraan region and the Bay region in February 2012; whereas human rights abuses, torture, arbitrary detentions and summary executions, as well as unlawful reprisal attacks against civilians committed by Ethiopian forces and militias loyal to the TFG have been reported by Human Rights Watch; whereas neighbouring Eritrea has been accused by the UN Sanctions Monitoring Group of providing weapons, training and financial support to Al Shabaab, thus violating a UN arms embargo;

| U. | whereas an end to the crisis in Somalia, while dependent on the stability brought by the African Union operations in the country, can only come about through the preservation of and support for social and political stability, meaning that the parties involved in the military operations will also have a major responsibility in supporting the local authorities with all means necessary for the period following the cessation of military operations; |
| --- | --- |

U.

whereas an end to the crisis in Somalia, while dependent on the stability brought by the African Union operations in the country, can only come about through the preservation of and support for social and political stability, meaning that the parties involved in the military operations will also have a major responsibility in supporting the local authorities with all means necessary for the period following the cessation of military operations;

| V. | whereas no international military action can, of itself, establish security, stability and lasting peace unless it is accompanied by a programme for democratic development; |
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V.

whereas no international military action can, of itself, establish security, stability and lasting peace unless it is accompanied by a programme for democratic development;

| W. | whereas the death of the Ethiopian Prime Minister Meles Zenawi is likely to have profound national and regional consequences, creating an opportunity for the new leadership to open up the political space, repeal repressive laws and engage in an all- inclusive political dialogue for a democratic transition; whereas to create an inclusive, democratically-elected government in Ethiopia is the only way to prevent the spreading of instability, radicalism and unrest in the country, which threatens Ethiopia’s role in counter-terrorism; |
| --- | --- |

W.

whereas the death of the Ethiopian Prime Minister Meles Zenawi is likely to have profound national and regional consequences, creating an opportunity for the new leadership to open up the political space, repeal repressive laws and engage in an all- inclusive political dialogue for a democratic transition; whereas to create an inclusive, democratically-elected government in Ethiopia is the only way to prevent the spreading of instability, radicalism and unrest in the country, which threatens Ethiopia’s role in counter-terrorism;

| X. | whereas in the parliamentary elections of May 2010 the EPRDF won 545 of the 547 seats contested, prompting the EU Electoral Observation Mission to declare that the elections did not meet international standards; |
| --- | --- |

X.

whereas in the parliamentary elections of May 2010 the EPRDF won 545 of the 547 seats contested, prompting the EU Electoral Observation Mission to declare that the elections did not meet international standards;

| Y. | whereas Ethiopia receives more foreign aid from the US and the EU than any other country in Africa; |
| --- | --- |

Y.

whereas Ethiopia receives more foreign aid from the US and the EU than any other country in Africa;

| Z. | whereas, after 20 years of independence under the rule of President Isaias Afewerki, Eritrea is one of the most repressive and closed countries in the world, with a tremendously poor human rights record which includes the imprisonment, torture and killing of its citizens; whereas on 5 July 2012 the UN Human Rights Council adopted a resolution strongly condemning the continued widespread and systematic violations of human rights committed by the Eritrean authorities, the severe restrictions on freedom of opinion and expression, and the forced conscription of citizens for indefinite periods, also appointing a Special Rapporteur on the situation of human rights in Eritrea in order to break with the country’s isolation and investigate and report on abuses; whereas the Swedish-Eritrean citizen Dawit Isaak has been kept incommunicado in jail without trial in Eritrea for the last 11 years; |
| --- | --- |

Z.

whereas, after 20 years of independence under the rule of President Isaias Afewerki, Eritrea is one of the most repressive and closed countries in the world, with a tremendously poor human rights record which includes the imprisonment, torture and killing of its citizens; whereas on 5 July 2012 the UN Human Rights Council adopted a resolution strongly condemning the continued widespread and systematic violations of human rights committed by the Eritrean authorities, the severe restrictions on freedom of opinion and expression, and the forced conscription of citizens for indefinite periods, also appointing a Special Rapporteur on the situation of human rights in Eritrea in order to break with the country’s isolation and investigate and report on abuses; whereas the Swedish-Eritrean citizen Dawit Isaak has been kept incommunicado in jail without trial in Eritrea for the last 11 years;

| AA. | whereas on 26 September 2012 the Presidents of Sudan and South Sudan signed a long- awaited cooperation agreement, providing for the resumption of oil flows from the south through the north, demilitarisation of the buffer zone along the border, the reopening of crossborder trade and freedom of movement for citizens of both countries; whereas the two countries have yet to agree on the status of Abyei and other disputed areas; |
| --- | --- |

AA.

whereas on 26 September 2012 the Presidents of Sudan and South Sudan signed a long- awaited cooperation agreement, providing for the resumption of oil flows from the south through the north, demilitarisation of the buffer zone along the border, the reopening of crossborder trade and freedom of movement for citizens of both countries; whereas the two countries have yet to agree on the status of Abyei and other disputed areas;

| AB. | whereas South Sudan faces serious political, economic and security challenges, especially concerning intercommunal violence and lack of solid governance structures; whereas the ongoing civilian disarmament process known as ‘Operation Restore Peace’ which began in March 2012 in response to the intercommunal violence in Jonglei state has reportedly resulted in abuses perpetrated by army forces against civilians; |
| --- | --- |

AB.

whereas South Sudan faces serious political, economic and security challenges, especially concerning intercommunal violence and lack of solid governance structures; whereas the ongoing civilian disarmament process known as ‘Operation Restore Peace’ which began in March 2012 in response to the intercommunal violence in Jonglei state has reportedly resulted in abuses perpetrated by army forces against civilians;

| AC. | whereas peace remains elusive in Sudan’s western region of Darfur and in the southern states of South Kordofan and Blue Nile; whereas human rights organisations continue to report indiscriminate bombings in civilian areas by government forces, extrajudicial killings, arbitrary arrests, mass looting and destruction of property; whereas the ongoing violence has triggered a lasting and worrying humanitarian crisis; |
| --- | --- |

AC.

whereas peace remains elusive in Sudan’s western region of Darfur and in the southern states of South Kordofan and Blue Nile; whereas human rights organisations continue to report indiscriminate bombings in civilian areas by government forces, extrajudicial killings, arbitrary arrests, mass looting and destruction of property; whereas the ongoing violence has triggered a lasting and worrying humanitarian crisis;

| AD. | whereas access to the people remains a major problem in the Horn of Africa countries as far as dealing with the humanitarian emergency there is concerned; |
| --- | --- |

AD.

whereas access to the people remains a major problem in the Horn of Africa countries as far as dealing with the humanitarian emergency there is concerned;

| AE. | whereas the Commission is about to raise to EUR 158 million the total amount of humanitarian aid granted this year to the populations that have been victims of the drought in the Horn of Africa countries; |
| --- | --- |

AE.

whereas the Commission is about to raise to EUR 158 million the total amount of humanitarian aid granted this year to the populations that have been victims of the drought in the Horn of Africa countries;

| AF. | whereas at the international Pledging Conference held in Addis Ababa the main African Union member states undertook to release almost USD 350 million for the countries affected by the drought; |
| --- | --- |

AF.

whereas at the international Pledging Conference held in Addis Ababa the main African Union member states undertook to release almost USD 350 million for the countries affected by the drought;

| AG. | whereas the Horn of Africa, and especially Somalia, were hit by a severe famine crisis due to drought which resulted in a serious humanitarian crisis affecting more than 12 million people in the region, including over 7,5 million in Somalia; whereas the famine crisis not only caused the deaths of many people, especially children, but also led to a large-scale refugee flow to neighbouring Kenya and Ethiopia; whereas the Commission increased its humanitarian aid allocation from EUR 9 million in 2008 to EUR 46 million in 2009, but then reduced the amount to EUR 35 million in 2010 and EUR 30 million in 2011; whereas it subsequently revised the allocation upwards, to EUR 77 million, but only following the huge drought of summer 2011; |
| --- | --- |

AG.

whereas the Horn of Africa, and especially Somalia, were hit by a severe famine crisis due to drought which resulted in a serious humanitarian crisis affecting more than 12 million people in the region, including over 7,5 million in Somalia; whereas the famine crisis not only caused the deaths of many people, especially children, but also led to a large-scale refugee flow to neighbouring Kenya and Ethiopia; whereas the Commission increased its humanitarian aid allocation from EUR 9 million in 2008 to EUR 46 million in 2009, but then reduced the amount to EUR 35 million in 2010 and EUR 30 million in 2011; whereas it subsequently revised the allocation upwards, to EUR 77 million, but only following the huge drought of summer 2011;

| AH. | whereas any significant improvement in the humanitarian situation in the Horn of Africa will be interconnected with all other aims pursued by the Union in the region, and any sustainable resolution of the different conflicts plaguing the region therefore has to take account of the needs of internally displaced persons and the ongoing refugee crisis and its causes, including structural food insecurity, conflict and climate effects, also paying specific attention to the most vulnerable population groups such as women and children; |
| --- | --- |

AH.

whereas any significant improvement in the humanitarian situation in the Horn of Africa will be interconnected with all other aims pursued by the Union in the region, and any sustainable resolution of the different conflicts plaguing the region therefore has to take account of the needs of internally displaced persons and the ongoing refugee crisis and its causes, including structural food insecurity, conflict and climate effects, also paying specific attention to the most vulnerable population groups such as women and children;

| AI. | whereas the significant donors and political actors in the region include not only traditional political and development actors such as the EU, the US and international organisations such as the UN and the World Bank, but also Turkey, Egypt, the Gulf Cooperation Council states (in particular Qatar), and the Organisation of Islamic Cooperation; whereas China has been playing a key role in promoting infrastructural development and economic capabilities in the Horn of Africa by providing ad hoc soft loans which are not conditional on countries undertaking effective reforms and often act as an inducement for privileged access to natural resources and market access in the country concerned; |
| --- | --- |

AI.

whereas the significant donors and political actors in the region include not only traditional political and development actors such as the EU, the US and international organisations such as the UN and the World Bank, but also Turkey, Egypt, the Gulf Cooperation Council states (in particular Qatar), and the Organisation of Islamic Cooperation; whereas China has been playing a key role in promoting infrastructural development and economic capabilities in the Horn of Africa by providing ad hoc soft loans which are not conditional on countries undertaking effective reforms and often act as an inducement for privileged access to natural resources and market access in the country concerned;

| AJ. | whereas the EU is the main provider of international support and humanitarian aid in the Horn of Africa, and contributes to development and security there, both on land and at sea; |
| --- | --- |

AJ.

whereas the EU is the main provider of international support and humanitarian aid in the Horn of Africa, and contributes to development and security there, both on land and at sea;

| AK. | whereas the establishment of a secure environment for trade and transport is the main path towards stabilisation and development in the region, both on land and at sea; |
| --- | --- |

AK.

whereas the establishment of a secure environment for trade and transport is the main path towards stabilisation and development in the region, both on land and at sea;

| AL. | whereas the sale of illegal ivory has become one of the most important sources of income for militias such as Al-Shabaab, as well as for official military forces, following an enormous increase in demand from Asian countries; whereas according to CITES, elephant poaching levels are the worst in a decade and recorded ivory seizures are at their highest levels since 1989; |
| --- | --- |

AL.

whereas the sale of illegal ivory has become one of the most important sources of income for militias such as Al-Shabaab, as well as for official military forces, following an enormous increase in demand from Asian countries; whereas according to CITES, elephant poaching levels are the worst in a decade and recorded ivory seizures are at their highest levels since 1989;

| AM. | whereas, according to a report by the United Nations Environment Programme (UNEP), vast numbers of illegal shipments of toxic waste, the contents of which are leaking, have been dumped along the coast of Somalia, in total disregard of the health of the local population or the conservation of the environment; whereas, according to the same report, the waste dumped at sea partly originates from the EU and is irreversibly damaging human health and the environment in the region, in flagrant violation of human rights; |
| --- | --- |

AM.

whereas, according to a report by the United Nations Environment Programme (UNEP), vast numbers of illegal shipments of toxic waste, the contents of which are leaking, have been dumped along the coast of Somalia, in total disregard of the health of the local population or the conservation of the environment; whereas, according to the same report, the waste dumped at sea partly originates from the EU and is irreversibly damaging human health and the environment in the region, in flagrant violation of human rights;

| AN. | whereas all eight Millennium Development Goals are currently off-target in the region, and only a resolute display of political will make it possible to achieve some progress in the three years remaining before the 2015 deadline; |
| --- | --- |

AN.

whereas all eight Millennium Development Goals are currently off-target in the region, and only a resolute display of political will make it possible to achieve some progress in the three years remaining before the 2015 deadline;

| AO. | whereas irrationality and political extremism take root in situations of poverty or famine; whereas, fourteen months after the UN officially announced the existence of the first famine of the 21st century in the Horn of Africa, the humanitarian situation has shown a relative improvement but still remains critical; |
| --- | --- |

AO.

whereas irrationality and political extremism take root in situations of poverty or famine; whereas, fourteen months after the UN officially announced the existence of the first famine of the 21st century in the Horn of Africa, the humanitarian situation has shown a relative improvement but still remains critical;

| AP. | whereas progress on poverty reduction has suffered setbacks in the Horn of Africa owing to the food and fuel crises, as well as the global economic and financial crisis and the impact of climate change; |
| --- | --- |

AP.

whereas progress on poverty reduction has suffered setbacks in the Horn of Africa owing to the food and fuel crises, as well as the global economic and financial crisis and the impact of climate change;

| AQ. | whereas in March 2012 the FAO estimated that more than eight million people were in need of assistance in the Horn of Africa (including 3,2 million in Ethiopia, 2,5 million in Somalia, 2,2 million in Kenya and 180 000 in Djibouti); whereas in 2011 the region suffered its worst drought in 60 years, which affected over 13 million people, forcing hundreds of thousands from their homes and killing tens of thousands more; |
| --- | --- |

AQ.

whereas in March 2012 the FAO estimated that more than eight million people were in need of assistance in the Horn of Africa (including 3,2 million in Ethiopia, 2,5 million in Somalia, 2,2 million in Kenya and 180 000 in Djibouti); whereas in 2011 the region suffered its worst drought in 60 years, which affected over 13 million people, forcing hundreds of thousands from their homes and killing tens of thousands more;

| AR. | whereas the work of the International Criminal Court in the Horn of Africa in bringing perpetrators to justice and fighting impunity is being hampered by certain individual countries in the region; |
| --- | --- |

AR.

whereas the work of the International Criminal Court in the Horn of Africa in bringing perpetrators to justice and fighting impunity is being hampered by certain individual countries in the region;

| AS. | whereas in order to continue its humanitarian work and invest in recovery efforts in Somalia, Kenya and Ethiopia, UNICEF needs a total of USD 273 million for 2012, of which, as of the end of July 2012, it had received only 33 %; |
| --- | --- |

AS.

whereas in order to continue its humanitarian work and invest in recovery efforts in Somalia, Kenya and Ethiopia, UNICEF needs a total of USD 273 million for 2012, of which, as of the end of July 2012, it had received only 33 %;

General framework

| 1. | Welcomes the EU strategy for the Horn of Africa, and in particular its comprehensive approach based on tackling the security and stability concerns, enforcing the rule of law and ensuring due process, which must include functioning law enforcement mechanisms and procedures as well as an independent judicial system, whilst addressing the underlying causes thereof, in particular through developmental and humanitarian strategies based on clear objectives; urges the full implementation of the EU Strategic Framework for the Horn of Africa and supports its five prongs based on:






  (i) | building democratic, robust and accountable political structures in all countries of the Horn of Africa; |
| --- | --- | --- |

1.

Welcomes the EU strategy for the Horn of Africa, and in particular its comprehensive approach based on tackling the security and stability concerns, enforcing the rule of law and ensuring due process, which must include functioning law enforcement mechanisms and procedures as well as an independent judicial system, whilst addressing the underlying causes thereof, in particular through developmental and humanitarian strategies based on clear objectives; urges the full implementation of the EU Strategic Framework for the Horn of Africa and supports its five prongs based on:

(i)

building democratic, robust and accountable political structures in all countries of the Horn of Africa;

| (ii) | working with the countries of the region and with regional and international actors and organisations to resolve conflicts, including through addressing their root causes; |
| --- | --- |

(ii)

working with the countries of the region and with regional and international actors and organisations to resolve conflicts, including through addressing their root causes;

| (iii) | ensuring that existing insecurity in the region does not threaten the security of other neighbouring states or other regions or countries; |
| --- | --- |

(iii)

ensuring that existing insecurity in the region does not threaten the security of other neighbouring states or other regions or countries;

| (iv) | supporting efforts to promote economic growth and reduce poverty; |
| --- | --- |

(iv)

supporting efforts to promote economic growth and reduce poverty;

| (v) | supporting political and economic regional cooperation; |
| --- | --- |

(v)

supporting political and economic regional cooperation;

stresses the importance of promoting sustainable economic growth in the region and reducing poverty, by responding to the basic needs of people;

| 2. | Stresses that any sustainable solution to the myriad of conflicts in the region can only succeed if it establishes the principles of good neighbourliness overcoming rivalry and border disputes, non-interference and cooperation among states, sustainable development with and equitable and fair sharing of access to resources, with economic opportunity for all without discrimination; notes that this requires transformative efforts in terms of peace-building, mediation and reconciliation, as well as the end of impunity, in cooperation with the International Criminal Court, and full respect for international humanitarian law including the unimpeded access of humanitarian assistance to the population, as well as for human rights; notes that the Union has a role to play, in close coordination with regional bodies, in assisting these processes, fighting the proliferation of small arms and light weapons and facilitating the demobilisation, disarmament and reintegration of former combatants, but stresses that ultimately the people of the Horn of Africa themselves are the only actors who can enable the region to attain durable peace, stability, and prosperity, together with accountable government and the rule of law; |
| --- | --- |

2.

Stresses that any sustainable solution to the myriad of conflicts in the region can only succeed if it establishes the principles of good neighbourliness overcoming rivalry and border disputes, non-interference and cooperation among states, sustainable development with and equitable and fair sharing of access to resources, with economic opportunity for all without discrimination; notes that this requires transformative efforts in terms of peace-building, mediation and reconciliation, as well as the end of impunity, in cooperation with the International Criminal Court, and full respect for international humanitarian law including the unimpeded access of humanitarian assistance to the population, as well as for human rights; notes that the Union has a role to play, in close coordination with regional bodies, in assisting these processes, fighting the proliferation of small arms and light weapons and facilitating the demobilisation, disarmament and reintegration of former combatants, but stresses that ultimately the people of the Horn of Africa themselves are the only actors who can enable the region to attain durable peace, stability, and prosperity, together with accountable government and the rule of law;

| 3. | Welcomes the appointment of the European Union Special Representative (EUSR) for the Horn of Africa, as called for by Parliament in its aforementioned resolution of 10 May 2007 on the Horn of Africa; urges the HR/VP and the Commission to actively support the work of the EUSR by ensuring adequate financial and human resources and direct access to CSDP structures and missions, as well as to Commission development and humanitarian aid policy structures and programmes; recalls that in its resolution the European Parliament asked the EUSR for the Horn of Africa to submit regular reports to Parliament; welcomes, in this regard, the EUSR’s regular reports to Parliament, and invites him to continue the dialogue and exchanges of views with its Members on a regular basis; also welcomes the appointment of a EUSR for Sudan and South Sudan; believes that with a view to securing full consultation and coordination of action, the two Special Representatives should be consulted on a regular basis by the competent programming services for the financial instruments for the external action of the EU and should provide them with regular political and strategic advice; points out the value of regular dialogue and coordination between the two EUSRs and the heads of the EU delegations in the region; |
| --- | --- |

3.

Welcomes the appointment of the European Union Special Representative (EUSR) for the Horn of Africa, as called for by Parliament in its aforementioned resolution of 10 May 2007 on the Horn of Africa; urges the HR/VP and the Commission to actively support the work of the EUSR by ensuring adequate financial and human resources and direct access to CSDP structures and missions, as well as to Commission development and humanitarian aid policy structures and programmes; recalls that in its resolution the European Parliament asked the EUSR for the Horn of Africa to submit regular reports to Parliament; welcomes, in this regard, the EUSR’s regular reports to Parliament, and invites him to continue the dialogue and exchanges of views with its Members on a regular basis; also welcomes the appointment of a EUSR for Sudan and South Sudan; believes that with a view to securing full consultation and coordination of action, the two Special Representatives should be consulted on a regular basis by the competent programming services for the financial instruments for the external action of the EU and should provide them with regular political and strategic advice; points out the value of regular dialogue and coordination between the two EUSRs and the heads of the EU delegations in the region;

| 4. | Takes the view that more resources could be invested in IGAD in order to promote a system of good governance, as well as effective political dialogue and consensus-building mechanisms in and among all its member states; calls on the EU to facilitate this role by further engagement in their process of building their internal capacity; recalls that it will be of the utmost importance to promote a regional institutional framework for dialogue and coordination among the countries of the region, with particular reference to Ethiopia, Kenya and Uganda as the key regional players, who will need to continue to coordinate efforts and pursue shared objectives; further recalls that IGAD could provide an adequate framework for dialogue and coordination regarding the exploitation of vital natural resources such as water; |
| --- | --- |

4.

Takes the view that more resources could be invested in IGAD in order to promote a system of good governance, as well as effective political dialogue and consensus-building mechanisms in and among all its member states; calls on the EU to facilitate this role by further engagement in their process of building their internal capacity; recalls that it will be of the utmost importance to promote a regional institutional framework for dialogue and coordination among the countries of the region, with particular reference to Ethiopia, Kenya and Uganda as the key regional players, who will need to continue to coordinate efforts and pursue shared objectives; further recalls that IGAD could provide an adequate framework for dialogue and coordination regarding the exploitation of vital natural resources such as water;

| 5. | Asks the Commission to consider assisting and supporting all the African countries that are involved militarily in the peacekeeping effort in the Horn of Africa countries, particularly in Somalia; |
| --- | --- |

5.

Asks the Commission to consider assisting and supporting all the African countries that are involved militarily in the peacekeeping effort in the Horn of Africa countries, particularly in Somalia;

| 6. | Welcomes the EU’s decision to provide additional support to AMISOM, in order to allow it to fulfil its mandate and reach a total troop strength of 17 731, as authorised by the UN; |
| --- | --- |

6.

Welcomes the EU’s decision to provide additional support to AMISOM, in order to allow it to fulfil its mandate and reach a total troop strength of 17 731, as authorised by the UN;

| 7. | Believes that the results secured by AMISOM in its fight against Al-Shabaab, such as regaining control of Kismayo, confirm the strategic importance of supporting the African Union; stresses, therefore, the importance of promoting the AU's process of institution- building, capacity-building and good governance, as well as its response capabilities, including at crisis management and military level; welcomes the establishment of an EU Delegation to the African Union in Addis Ababa; |
| --- | --- |

7.

Believes that the results secured by AMISOM in its fight against Al-Shabaab, such as regaining control of Kismayo, confirm the strategic importance of supporting the African Union; stresses, therefore, the importance of promoting the AU's process of institution- building, capacity-building and good governance, as well as its response capabilities, including at crisis management and military level; welcomes the establishment of an EU Delegation to the African Union in Addis Ababa;

| 8. | Calls, as a matter of urgency, for assistance to be granted to the legal and prison systems of those countries that have cooperated with the EU in the transfer of piracy suspects (Kenya, the Seychelles and Mauritius), as well for as support for the Somali authorities to ensure that they have the judicial capacity and legal due processes according to international law, in particular human rights law, enabling them to handle captured pirates and Al-Shabaab militants; underlines the importance, at the same time, of offering captured pirates a process of rehabilitation and social reintegration; |
| --- | --- |

8.

Calls, as a matter of urgency, for assistance to be granted to the legal and prison systems of those countries that have cooperated with the EU in the transfer of piracy suspects (Kenya, the Seychelles and Mauritius), as well for as support for the Somali authorities to ensure that they have the judicial capacity and legal due processes according to international law, in particular human rights law, enabling them to handle captured pirates and Al-Shabaab militants; underlines the importance, at the same time, of offering captured pirates a process of rehabilitation and social reintegration;

| 9. | Deplores the fact that, in spite of the EU aid provided to strengthen the rule of law in the region, the existence of transfer agreements between the Union and third countries (Kenya, the Seychelles and Mauritius), and the bilateral agreements between the Seychelles, Puntland and Somaliland on the repatriation of convicted pirates, as well as the various relevant international legal frameworks, numerous pirates and other criminals either have not yet been arrested or have been arrested but then released for lack of firm evidence or political will to prosecute them; |
| --- | --- |

9.

Deplores the fact that, in spite of the EU aid provided to strengthen the rule of law in the region, the existence of transfer agreements between the Union and third countries (Kenya, the Seychelles and Mauritius), and the bilateral agreements between the Seychelles, Puntland and Somaliland on the repatriation of convicted pirates, as well as the various relevant international legal frameworks, numerous pirates and other criminals either have not yet been arrested or have been arrested but then released for lack of firm evidence or political will to prosecute them;

| 10. | Strongly welcomes the UN report dated 25 January 2011 highlighting 25 proposals made by Jack Lang, Special Adviser to the UN Secretary-General on legal issues related to piracy off the coast of Somalia; also welcomes the relevant follow-up reports by Jack Lang such as the report on the modalities for the establishment of specialised Somali anti-piracy courts of 15 June 2011 and the report of the Secretary-General on specialised anti-piracy courts in Somalia and other states in the region of 20 January 2012; urges the HR/VP, the EUSR and the three HoMs and HoDs to act on the proposals made by Jack Lang as a matter of priority and to develop an strategy for the EU’s contribution to the international approach to criminal justice on the territory of Somalia; |
| --- | --- |

10.

Strongly welcomes the UN report dated 25 January 2011 highlighting 25 proposals made by Jack Lang, Special Adviser to the UN Secretary-General on legal issues related to piracy off the coast of Somalia; also welcomes the relevant follow-up reports by Jack Lang such as the report on the modalities for the establishment of specialised Somali anti-piracy courts of 15 June 2011 and the report of the Secretary-General on specialised anti-piracy courts in Somalia and other states in the region of 20 January 2012; urges the HR/VP, the EUSR and the three HoMs and HoDs to act on the proposals made by Jack Lang as a matter of priority and to develop an strategy for the EU’s contribution to the international approach to criminal justice on the territory of Somalia;

| 11. | Reiterates its call on the Member States, in cooperation with Europol and INTERPOL, to investigate and trace money flows and confiscate the sums paid in ransom to pirates, since there are indications that this money could be transferred to bank accounts worldwide, including in banks in Europe, and also to identify and dismantle the organised criminal networks that reap the profits of such acts; calls on the Council to facilitate further cooperation between EU NAVFOR on the one hand, and Europol and Interpol on the other; |
| --- | --- |

11.

Reiterates its call on the Member States, in cooperation with Europol and INTERPOL, to investigate and trace money flows and confiscate the sums paid in ransom to pirates, since there are indications that this money could be transferred to bank accounts worldwide, including in banks in Europe, and also to identify and dismantle the organised criminal networks that reap the profits of such acts; calls on the Council to facilitate further cooperation between EU NAVFOR on the one hand, and Europol and Interpol on the other;

| 12. | Urges all countries in the region to collaborate with the ICC, and recalls the binding obligation of those which have signed and ratified the Rome Statute; also welcomes the recent developments in the ICC allowing research and investigations to be conducted in countries that are not party to or have not ratified the Rome Statute; |
| --- | --- |

12.

Urges all countries in the region to collaborate with the ICC, and recalls the binding obligation of those which have signed and ratified the Rome Statute; also welcomes the recent developments in the ICC allowing research and investigations to be conducted in countries that are not party to or have not ratified the Rome Statute;

| 13. | Calls on the European institutions to remain vigilant and active in response to the political transition under way in Ethiopia and the first steps towards democracy in Somalia; |
| --- | --- |

13.

Calls on the European institutions to remain vigilant and active in response to the political transition under way in Ethiopia and the first steps towards democracy in Somalia;

| 14. | Considers it desirable to seize the opportunity presented by the opening-up of the succession to the late Ethiopian Prime Minister Meles Zenawi, who died on 20 August 2012, the election of the new Somali President, and the approach of the Kenyan legislative elections in 2013, in order to:






  (i) | work on promoting respect for constitutional norms, the rule of law, human rights, and gender equality through cooperation and dialogue with the Horn partners; |
| --- | --- | --- |

14.

Considers it desirable to seize the opportunity presented by the opening-up of the succession to the late Ethiopian Prime Minister Meles Zenawi, who died on 20 August 2012, the election of the new Somali President, and the approach of the Kenyan legislative elections in 2013, in order to:

(i)

work on promoting respect for constitutional norms, the rule of law, human rights, and gender equality through cooperation and dialogue with the Horn partners;

| (ii) | continue work on institutional development, democracy-building and democratisation; |
| --- | --- |

(ii)

continue work on institutional development, democracy-building and democratisation;

| (iii) | monitor the follow-up of the recommendations of the Electoral Observation Mission (EOM) and provide support for their implementation where relevant, |
| --- | --- |

(iii)

monitor the follow-up of the recommendations of the Electoral Observation Mission (EOM) and provide support for their implementation where relevant,

| (iv) | reinforce political dialogue at country and regional level, and continue to raise issues of human rights, including wherever appropriate extrajudicial killings, arbitrary arrest and imprisonment, and the fight against impunity; |
| --- | --- |

(iv)

reinforce political dialogue at country and regional level, and continue to raise issues of human rights, including wherever appropriate extrajudicial killings, arbitrary arrest and imprisonment, and the fight against impunity;

| (v) | support an independent civil society that is able to express social agendas; |
| --- | --- |

(v)

support an independent civil society that is able to express social agendas;

| 15. | Welcomes the conclusion, at the end of the period stipulated in the AU Peace and Security Council Roadmap as enshrined in UN Security Council Resolution 2046 (2012) of an agreement between Sudan and South Sudan on oil resources; hopes that this agreement will also finally resolve, at the earliest possible date, the problem of transit arrangements for oil from South Sudan; |
| --- | --- |

15.

Welcomes the conclusion, at the end of the period stipulated in the AU Peace and Security Council Roadmap as enshrined in UN Security Council Resolution 2046 (2012) of an agreement between Sudan and South Sudan on oil resources; hopes that this agreement will also finally resolve, at the earliest possible date, the problem of transit arrangements for oil from South Sudan;

Security policy framework

| 16. | Welcomes the important contribution made by EU-NAVFOR Operation ATALANTA in the effort to fight piracy and improve maritime security off the coast of Somalia; underlines its role in protecting World Food Programme chartered vessels delivering aid to Somalia and other vulnerable vessels, as well as supplies to AMISOM; welcomes the Council decision of 23 March 2012 prolonging EU-NAVFOR Atalanta to December 2014 and extending its mandate to target the operational bases of pirates onshore; urges the Member States to ensure that EU-NAVFOR ATALANTA is properly supported with adequate surveillance and patrol ships, since the current gains in the fight against piracy are reversible, as well as with the means for the international community to pursue pirates and their financiers and networks, recognising that the most effective counter-piracy measures have in fact been the on-board vessel protection measures introduced by shipping companies; welcomes, in this context, the recent calls from the maritime industry for the regulation of private maritime security companies, and calls on the International Maritime Organisation, flag states and the maritime industry to work together in order to further develop and implement clear, consistent and enforceable internationally agreed standards regarding the use of privately contracted armed security personnel on board ships, and for private maritime security companies to act in strict adherence with those standards; |
| --- | --- |

16.

Welcomes the important contribution made by EU-NAVFOR Operation ATALANTA in the effort to fight piracy and improve maritime security off the coast of Somalia; underlines its role in protecting World Food Programme chartered vessels delivering aid to Somalia and other vulnerable vessels, as well as supplies to AMISOM; welcomes the Council decision of 23 March 2012 prolonging EU-NAVFOR Atalanta to December 2014 and extending its mandate to target the operational bases of pirates onshore; urges the Member States to ensure that EU-NAVFOR ATALANTA is properly supported with adequate surveillance and patrol ships, since the current gains in the fight against piracy are reversible, as well as with the means for the international community to pursue pirates and their financiers and networks, recognising that the most effective counter-piracy measures have in fact been the on-board vessel protection measures introduced by shipping companies; welcomes, in this context, the recent calls from the maritime industry for the regulation of private maritime security companies, and calls on the International Maritime Organisation, flag states and the maritime industry to work together in order to further develop and implement clear, consistent and enforceable internationally agreed standards regarding the use of privately contracted armed security personnel on board ships, and for private maritime security companies to act in strict adherence with those standards;

| 17. | Notes the importance of cooperation between EU NAVFOR and the other international missions operating in the area, notably the AMISOM land-based operation, and considers that good relations and close cooperation, including information-sharing, are the key towards ensuring a stable Somalia; recalls that EU-NAVFOR ATALANTA and NATO’s Operation Ocean Shield can only successfully deter and contain piracy if a comprehensive strategy is put in place in the Horn of Africa, and particularly in Somalia, to address the reasons that draw Somalis into piracy and criminal activity for income; notes that NATO’s current counter-piracy mission, Operation Ocean Shield, has had success with two shorter counter-piracy operations, dating from October 2008, to protect WFP shipping; |
| --- | --- |

17.

Notes the importance of cooperation between EU NAVFOR and the other international missions operating in the area, notably the AMISOM land-based operation, and considers that good relations and close cooperation, including information-sharing, are the key towards ensuring a stable Somalia; recalls that EU-NAVFOR ATALANTA and NATO’s Operation Ocean Shield can only successfully deter and contain piracy if a comprehensive strategy is put in place in the Horn of Africa, and particularly in Somalia, to address the reasons that draw Somalis into piracy and criminal activity for income; notes that NATO’s current counter-piracy mission, Operation Ocean Shield, has had success with two shorter counter-piracy operations, dating from October 2008, to protect WFP shipping;

| 18. | Welcomes the decision of 12 December 2011 by the Foreign Affairs Council to establish a regional maritime capacity-building initiative, known as EUCAP Nestor, in order to strengthen the maritime and judicial capabilities and training of coastal police forces and judges, in consultation with and with the consent of the local communities in five countries in the Horn of Africa and the western Indian Ocean; calls on all Member States to staff the new mission without delay with competent civilian and military personnel; calls for close coordination with other initiatives, including the EU’s MARSIC project, under the Critical Maritime Routes Programme sponsored by the Instrument for Stability and the regional Maritime Security Programme (MASE), initiated by the countries of the Eastern and Southern Africa and Indian Ocean region and supported by the EU, and aimed at tackling piracy on land and enhancing judicial capacities to arrest, transfer, detain and prosecute piracy suspects; believes that only by enhancing the coastal security capabilities of the riparian countries, addressing the root causes of piracy on land and encouraging adherence to the BMP4 Best Management Practices for shipping and improved standards for the maritime security industry, will the international community be able to achieve the wider goal of stability and security for the region and therefore reduce the need for naval patrols in the area; |
| --- | --- |

18.

Welcomes the decision of 12 December 2011 by the Foreign Affairs Council to establish a regional maritime capacity-building initiative, known as EUCAP Nestor, in order to strengthen the maritime and judicial capabilities and training of coastal police forces and judges, in consultation with and with the consent of the local communities in five countries in the Horn of Africa and the western Indian Ocean; calls on all Member States to staff the new mission without delay with competent civilian and military personnel; calls for close coordination with other initiatives, including the EU’s MARSIC project, under the Critical Maritime Routes Programme sponsored by the Instrument for Stability and the regional Maritime Security Programme (MASE), initiated by the countries of the Eastern and Southern Africa and Indian Ocean region and supported by the EU, and aimed at tackling piracy on land and enhancing judicial capacities to arrest, transfer, detain and prosecute piracy suspects; believes that only by enhancing the coastal security capabilities of the riparian countries, addressing the root causes of piracy on land and encouraging adherence to the BMP4 Best Management Practices for shipping and improved standards for the maritime security industry, will the international community be able to achieve the wider goal of stability and security for the region and therefore reduce the need for naval patrols in the area;

| 19. | Welcomes the decision of July 2011 to extend and refocus the mandate of the EU Training Mission (EUTM) based in Uganda; nevertheless, calls for better screening and monitoring of the conduct and accountability of all recruits trained by EUTM in order to ensure that minors or individuals affiliated with militant groups are not accepted into the programme, that they are integrated into the Somali armed forces, and that any defections are immediately notified and investigated; also calls on the EU to assume a role in the close monitoring of the payment chain for training forces, so as to ensure that the payments reach their intended beneficiaries and generate motivation, allegiance and commitment, thereby also ensuring that the ability to take ownership remains with the future security forces of Somalia; |
| --- | --- |

19.

Welcomes the decision of July 2011 to extend and refocus the mandate of the EU Training Mission (EUTM) based in Uganda; nevertheless, calls for better screening and monitoring of the conduct and accountability of all recruits trained by EUTM in order to ensure that minors or individuals affiliated with militant groups are not accepted into the programme, that they are integrated into the Somali armed forces, and that any defections are immediately notified and investigated; also calls on the EU to assume a role in the close monitoring of the payment chain for training forces, so as to ensure that the payments reach their intended beneficiaries and generate motivation, allegiance and commitment, thereby also ensuring that the ability to take ownership remains with the future security forces of Somalia;

| 20. | Underlines the need for close strategic coordination among all security-related actors, in particular EU-NAVFOR ATALANTA, EUTM Somalia and EUCAP Nestor, as well as NATO (Operation Ocean Shield), the US-led taskforce CTF-151, the UN and AMISOM; notes the existence of international coordination mechanisms such as the Contact Group on Piracy off the Coast of Somalia (CGPCS) in New York and the Shared Awareness and Deconfliction (SHADE) mechanism in Bahrain; welcomes, therefore, the Council decision of 23 March 2012 to activate, for an initial two-year period, the EU Operations Centre in order to coordinate and increase synergies between the three CSDP missions in the Horn of Africa, as well as the Brussels-based structures, in the context of the Horn of Africa Strategy and in liaison with the EU Special Representative for the Horn of Africa; |
| --- | --- |

20.

Underlines the need for close strategic coordination among all security-related actors, in particular EU-NAVFOR ATALANTA, EUTM Somalia and EUCAP Nestor, as well as NATO (Operation Ocean Shield), the US-led taskforce CTF-151, the UN and AMISOM; notes the existence of international coordination mechanisms such as the Contact Group on Piracy off the Coast of Somalia (CGPCS) in New York and the Shared Awareness and Deconfliction (SHADE) mechanism in Bahrain; welcomes, therefore, the Council decision of 23 March 2012 to activate, for an initial two-year period, the EU Operations Centre in order to coordinate and increase synergies between the three CSDP missions in the Horn of Africa, as well as the Brussels-based structures, in the context of the Horn of Africa Strategy and in liaison with the EU Special Representative for the Horn of Africa;

| 21. | Notes that there are signs that the LRA may be expanding its range, drawing more countries into the fight and putting more children at risk; recalls that the fight against the LRA and the hunt for its leader, Joseph Kony, have been heavily reliant on funding, equipment and logistical support from the US; calls on the EU to coordinate with the US for any additional assistance required in the fight against the LRA, under AU oversight; |
| --- | --- |

21.

Notes that there are signs that the LRA may be expanding its range, drawing more countries into the fight and putting more children at risk; recalls that the fight against the LRA and the hunt for its leader, Joseph Kony, have been heavily reliant on funding, equipment and logistical support from the US; calls on the EU to coordinate with the US for any additional assistance required in the fight against the LRA, under AU oversight;

| 22. | Denounces the lack of implementation of the CITES regulations; calls on the Commission and Council to promote the creation of a system of certification and control of ivory imports into the EU, similar to the successful Kimberley process; |
| --- | --- |

22.

Denounces the lack of implementation of the CITES regulations; calls on the Commission and Council to promote the creation of a system of certification and control of ivory imports into the EU, similar to the successful Kimberley process;

Reinforcing the comprehensive approach

| 23. | Welcomes the EU strategy for the Horn of Africa, encompassing as it does not only security and humanitarian policy but also longer-term development policy and the MDG objectives; underlines the importance of this longer-term vision of development policy, and calls on the Commission and the Member States to coordinate their policies in this respect and to employ joint programming for the various countries and the region as soon as possible; |
| --- | --- |

23.

Welcomes the EU strategy for the Horn of Africa, encompassing as it does not only security and humanitarian policy but also longer-term development policy and the MDG objectives; underlines the importance of this longer-term vision of development policy, and calls on the Commission and the Member States to coordinate their policies in this respect and to employ joint programming for the various countries and the region as soon as possible;

| 24. | Believes that a stable and secure Horn of Africa would have positive political and security impacts beyond the region, also in terms of investment and secure shipping routes in the Indian Ocean; takes the view, therefore, that a reflection on strategies to promote security and stability in the region and on coordination to provide the necessary financial resources to implement a comprehensive approach should be started at G-20 level; notes in this regard the positive experience of the Somalia conference held in London in February 2012, and encourages the HR/VP to explore the possibility of a similar conference in 2013; |
| --- | --- |

24.

Believes that a stable and secure Horn of Africa would have positive political and security impacts beyond the region, also in terms of investment and secure shipping routes in the Indian Ocean; takes the view, therefore, that a reflection on strategies to promote security and stability in the region and on coordination to provide the necessary financial resources to implement a comprehensive approach should be started at G-20 level; notes in this regard the positive experience of the Somalia conference held in London in February 2012, and encourages the HR/VP to explore the possibility of a similar conference in 2013;

| 25. | Believes that the Horn of Africa should also be perceived in terms of having strong economic potential, particularly mineral and agricultural; calls, therefore, on the Council, the Commission, the EEAS and the EIB, in coordination with other multilateral donors and financial institutions, to identify projects of common interest for the countries of the region, which could promote cooperation and positive interdependence, e.g. in the areas of energy supply, including renewable energy, and natural resources, including water; stresses the importance of crossborder trade, access to international markets, port infrastructure and the provision of adequate corridors for access to ports for landlocked countries, as vital elements for the long-term economic development of the Horn of Africa; calls on the Commission to carry out an in-depth analysis of the dimension and impact in economic, environmental and social terms of practices of land-renting to third countries in the Horn of Africa, and to propose possible safeguard strategies and mechanisms; |
| --- | --- |

25.

Believes that the Horn of Africa should also be perceived in terms of having strong economic potential, particularly mineral and agricultural; calls, therefore, on the Council, the Commission, the EEAS and the EIB, in coordination with other multilateral donors and financial institutions, to identify projects of common interest for the countries of the region, which could promote cooperation and positive interdependence, e.g. in the areas of energy supply, including renewable energy, and natural resources, including water; stresses the importance of crossborder trade, access to international markets, port infrastructure and the provision of adequate corridors for access to ports for landlocked countries, as vital elements for the long-term economic development of the Horn of Africa; calls on the Commission to carry out an in-depth analysis of the dimension and impact in economic, environmental and social terms of practices of land-renting to third countries in the Horn of Africa, and to propose possible safeguard strategies and mechanisms;

| 26. | Takes the view that boosting regional security and combating terrorism and piracy, while essential, must not eclipse the absolute necessity of supporting as a first priority the eradication of poverty in the region, particularly since the EU has an obligation under its founding Treaty to take account of the objectives of development cooperation — foremost among which are the reduction and eradication of poverty — in the policies that it implements which are likely to affect developing countries (Article 208(1) TFEU); notes that all the countries of the Horn of Africa are developing countries, and as such — apart from Sudan and South Sudan, which have not signed the Cotonou Agreement — have received EUR 2 billion in development aid (of which EUR 644 million went to Ethiopia alone) for indicative national and regional programmes under the 10th EDF (2008-2013); notes that, over the same period, again under the 10th EDF, the East Africa, Southern Africa and Indian Ocean region is receiving EUR 619 million, partly for the Inter-Governmental Authority on Development (IGAD), the aim being to eradicate poverty in the countries of the region and help them attain the Millennium Development Goals; recalls, finally, that the African Peace Facility, a sub-instrument of the EDF, gives financial support to AMISOM; |
| --- | --- |

26.

Takes the view that boosting regional security and combating terrorism and piracy, while essential, must not eclipse the absolute necessity of supporting as a first priority the eradication of poverty in the region, particularly since the EU has an obligation under its founding Treaty to take account of the objectives of development cooperation — foremost among which are the reduction and eradication of poverty — in the policies that it implements which are likely to affect developing countries (Article 208(1) TFEU); notes that all the countries of the Horn of Africa are developing countries, and as such — apart from Sudan and South Sudan, which have not signed the Cotonou Agreement — have received EUR 2 billion in development aid (of which EUR 644 million went to Ethiopia alone) for indicative national and regional programmes under the 10th EDF (2008-2013); notes that, over the same period, again under the 10th EDF, the East Africa, Southern Africa and Indian Ocean region is receiving EUR 619 million, partly for the Inter-Governmental Authority on Development (IGAD), the aim being to eradicate poverty in the countries of the region and help them attain the Millennium Development Goals; recalls, finally, that the African Peace Facility, a sub-instrument of the EDF, gives financial support to AMISOM;

| 27. | Takes the view that, as the world’s main development aid and humanitarian aid distributor in the region, thanks in part to the centralisation of its diplomatic activity in the EEAS and the EUSR, the success of Operation Atalanta, and the diplomatic and military presence in the region of certain Member States, the EU (the Member States and the Commission) could do more to eradicate the endemic poverty in the region and the pockets of anarchy and lawlessness that exist there; |
| --- | --- |

27.

Takes the view that, as the world’s main development aid and humanitarian aid distributor in the region, thanks in part to the centralisation of its diplomatic activity in the EEAS and the EUSR, the success of Operation Atalanta, and the diplomatic and military presence in the region of certain Member States, the EU (the Member States and the Commission) could do more to eradicate the endemic poverty in the region and the pockets of anarchy and lawlessness that exist there;

| 28. | Considers it desirable to seize the opportunity presented by the election on 10 September 2012 of the new Somali President Hassan Sheikh Mohamud, with a view to working — helped by the Strategic Framework for the Horn of Africa and with the support in the region of the EUSR, as well as that of the EEAS and national diplomats and of the African Union — in favour of the establishment of normal diplomatic and economic relations between Ethiopia and Eritrea and of the resolution of the Somali crisis, since this would benefit the development of the whole region; notes that the Great Lakes region, which borders the western fringes of the Horn of Africa, is also one of the most unstable in the world, including some severely underdeveloped countries that are plagued by armed violence — e.g. the Democratic Republic of Congo (DRC) — and even by wars with one or more of their neighbours — e.g. the tensions between the DRC and Rwanda, which is part of the Horn of Africa in the wider sense; stresses that in implementing the European strategy for the Horn of Africa we cannot ignore its possible repercussions for the much-needed development of the neighbouring regions (notably the Great Lakes region, Central Africa and Southern Africa). |
| --- | --- |

28.

Considers it desirable to seize the opportunity presented by the election on 10 September 2012 of the new Somali President Hassan Sheikh Mohamud, with a view to working — helped by the Strategic Framework for the Horn of Africa and with the support in the region of the EUSR, as well as that of the EEAS and national diplomats and of the African Union — in favour of the establishment of normal diplomatic and economic relations between Ethiopia and Eritrea and of the resolution of the Somali crisis, since this would benefit the development of the whole region; notes that the Great Lakes region, which borders the western fringes of the Horn of Africa, is also one of the most unstable in the world, including some severely underdeveloped countries that are plagued by armed violence — e.g. the Democratic Republic of Congo (DRC) — and even by wars with one or more of their neighbours — e.g. the tensions between the DRC and Rwanda, which is part of the Horn of Africa in the wider sense; stresses that in implementing the European strategy for the Horn of Africa we cannot ignore its possible repercussions for the much-needed development of the neighbouring regions (notably the Great Lakes region, Central Africa and Southern Africa).

| 29. | Welcomes, in the interests of both regional development aid and humanitarian aid, the new plan for the Horn of Africa proposed by the Commission in 2012 known as SHARE (Supporting Horn of Africa Resilience), which seeks to be an instrument linking short-term humanitarian aid to long-term development in order to break the vicious circle of crises afflicting the region; fully supports the Commission in this project to strengthen the link between relief, rehabilitation and development (LRRD); calls for the EU to work through this programme towards the provision of diverse livelihood opportunities and better access to markets and information, so as to boost household incomes for pastoralist, agropastoralist, riverine, coastal, urban and periurban populations, to improve access to basic social services, and to aim to offer reliable and predictable levels of support for chronically and seasonally at-risk populations; |
| --- | --- |

29.

Welcomes, in the interests of both regional development aid and humanitarian aid, the new plan for the Horn of Africa proposed by the Commission in 2012 known as SHARE (Supporting Horn of Africa Resilience), which seeks to be an instrument linking short-term humanitarian aid to long-term development in order to break the vicious circle of crises afflicting the region; fully supports the Commission in this project to strengthen the link between relief, rehabilitation and development (LRRD); calls for the EU to work through this programme towards the provision of diverse livelihood opportunities and better access to markets and information, so as to boost household incomes for pastoralist, agropastoralist, riverine, coastal, urban and periurban populations, to improve access to basic social services, and to aim to offer reliable and predictable levels of support for chronically and seasonally at-risk populations;

| 30. | Welcomes the new EU SHARE programme, which aims to increase the resilience of the countries of the Horn of Africa in respect of the various threats they have to face; stresses, however, that this programme should be coordinated with the EU strategy for the Sahel, which has to face the same challenges (terrorism, drugs, climate change, influxes of refugees and displaced persons, etc); |
| --- | --- |

30.

Welcomes the new EU SHARE programme, which aims to increase the resilience of the countries of the Horn of Africa in respect of the various threats they have to face; stresses, however, that this programme should be coordinated with the EU strategy for the Sahel, which has to face the same challenges (terrorism, drugs, climate change, influxes of refugees and displaced persons, etc);

| 31. | Takes the view that it is important to support agriculture, pastoralism and cattle breeding in the Horn of Africa countries, and welcomes the important work done by various NGOs in these spheres; |
| --- | --- |

31.

Takes the view that it is important to support agriculture, pastoralism and cattle breeding in the Horn of Africa countries, and welcomes the important work done by various NGOs in these spheres;

| 32. | Calls on the Commission to support all programmes for access to water as a fundamental right and a common asset of humanity, and to support public and private partnerships for access to drinking water; |
| --- | --- |

32.

Calls on the Commission to support all programmes for access to water as a fundamental right and a common asset of humanity, and to support public and private partnerships for access to drinking water;

| 33. | Insists that whenever possible assistance by the EU in the Horn of Africa should not take the form of direct budgetary support, but should be granted in order to achieve specific targets on the basis of clear performance indicators; considers that when assistance has to take the form of budgetary support, this should be made conditional on the attainment of specific objectives; believes that programmes directed at supporting the EU Strategy for the Horn of Africa should be able to benefit from the blending of resources, i.e. that funding for such programmes should be open to other international donors on the basis of clear common standards, so as to facilitate a coordinated, uniform approach by all donors and minimum risk of conflicting approaches or duplication; considers that, similarly, the EU should be able to participate in the funding of third-party programmes in the region, provided full respect for the rules on EU financial assistance to third countries can be ensured; |
| --- | --- |

33.

Insists that whenever possible assistance by the EU in the Horn of Africa should not take the form of direct budgetary support, but should be granted in order to achieve specific targets on the basis of clear performance indicators; considers that when assistance has to take the form of budgetary support, this should be made conditional on the attainment of specific objectives; believes that programmes directed at supporting the EU Strategy for the Horn of Africa should be able to benefit from the blending of resources, i.e. that funding for such programmes should be open to other international donors on the basis of clear common standards, so as to facilitate a coordinated, uniform approach by all donors and minimum risk of conflicting approaches or duplication; considers that, similarly, the EU should be able to participate in the funding of third-party programmes in the region, provided full respect for the rules on EU financial assistance to third countries can be ensured;

| 34. | Calls on the EU and its Member States to continue to provide neutral, impartial and independent humanitarian assistance to vulnerable populations, and to support the countries of the region in strengthening their national capacities through disaster risk reduction strategies and long-term development cooperation programmes in the areas of drought-preparedness, agriculture, rural development and food security; |
| --- | --- |

34.

Calls on the EU and its Member States to continue to provide neutral, impartial and independent humanitarian assistance to vulnerable populations, and to support the countries of the region in strengthening their national capacities through disaster risk reduction strategies and long-term development cooperation programmes in the areas of drought-preparedness, agriculture, rural development and food security;

| 35. | Stresses that, while the food crisis in the Horn of Africa (as in the Sahel) is attributable to repeated droughts, crop failures and rising prices, other very significant factors, aside from these cyclical elements (although drought can today be considered to be structural), should also be taken into account, such as the breakdown of communities and the headlong rush to promote the export of agricultural products, to the detriment of food sovereignty and of agricultural production for domestic consumption and sale; |
| --- | --- |

35.

Stresses that, while the food crisis in the Horn of Africa (as in the Sahel) is attributable to repeated droughts, crop failures and rising prices, other very significant factors, aside from these cyclical elements (although drought can today be considered to be structural), should also be taken into account, such as the breakdown of communities and the headlong rush to promote the export of agricultural products, to the detriment of food sovereignty and of agricultural production for domestic consumption and sale;

| 36. | Stresses that respect for human rights and fundamental freedoms constitutes an invariable element of the foundations of the Union’s engagement with third-country partners; is therefore deeply concerned at the reports of arbitrary arrests, mistreatment of prisoners and violence against demonstrators, as well as repressive measures against political opposition including censorship and the arbitrary detention of journalists and activists that have occurred across the region; calls on all authorities in the Horn to respect these fundamental principles and release all political prisoners unconditionally; |
| --- | --- |

36.

Stresses that respect for human rights and fundamental freedoms constitutes an invariable element of the foundations of the Union’s engagement with third-country partners; is therefore deeply concerned at the reports of arbitrary arrests, mistreatment of prisoners and violence against demonstrators, as well as repressive measures against political opposition including censorship and the arbitrary detention of journalists and activists that have occurred across the region; calls on all authorities in the Horn to respect these fundamental principles and release all political prisoners unconditionally;

| 37. | Expresses its deep concern over the ‘land grab’ in Africa, which risks undermining local food security and increases famine; calls on the Horn of Africa governments and the EU to assess the current impact of farmland acquisition on rural poverty and the present famine crisis; urges the Commission to integrate the ‘land grab’ issue into its policy dialogue with developing countries, with a view to implementing policy coherence; |
| --- | --- |

37.

Expresses its deep concern over the ‘land grab’ in Africa, which risks undermining local food security and increases famine; calls on the Horn of Africa governments and the EU to assess the current impact of farmland acquisition on rural poverty and the present famine crisis; urges the Commission to integrate the ‘land grab’ issue into its policy dialogue with developing countries, with a view to implementing policy coherence;

| 38. | Is concerned at the allegations of illegal waste dumping by EU companies and criminal networks; recalls that illegal waste dumping is of major concern to Somalis living along the coastline; calls on the HR/VP and the Commission to commission, as a matter of urgency, a full investigation by an independent body, including the collection of evidence and samples and, depending on the outcome of the research, to consider the possibility of legal action, including compensation claims, on the part of European companies, EU Member States and the EU; |
| --- | --- |

38.

Is concerned at the allegations of illegal waste dumping by EU companies and criminal networks; recalls that illegal waste dumping is of major concern to Somalis living along the coastline; calls on the HR/VP and the Commission to commission, as a matter of urgency, a full investigation by an independent body, including the collection of evidence and samples and, depending on the outcome of the research, to consider the possibility of legal action, including compensation claims, on the part of European companies, EU Member States and the EU;

| 39. | Recognises that it is vital that independent and impartial humanitarian assistance is maintained for all conflict-affected populations in the Horn of Africa and that adequate funding is continued, particularly for Somalia; stresses that any reduction in assistance could see the Somali people slide back into humanitarian crisis; stresses the need, in addition to humanitarian assistance, to build on efforts such as the EU’s Supporting the Horn of Africa’s Resilience (SHARE) initiative, in order to ensure resilience and improve the livelihoods of local people; |
| --- | --- |

39.

Recognises that it is vital that independent and impartial humanitarian assistance is maintained for all conflict-affected populations in the Horn of Africa and that adequate funding is continued, particularly for Somalia; stresses that any reduction in assistance could see the Somali people slide back into humanitarian crisis; stresses the need, in addition to humanitarian assistance, to build on efforts such as the EU’s Supporting the Horn of Africa’s Resilience (SHARE) initiative, in order to ensure resilience and improve the livelihoods of local people;

| 40. | Stresses that human rights, especially the rights of women, children, LGBT people and religious minorities, have long been neglected in the region, and notes that sectarian Islamism has spread in parts of the Horn of Africa and is threatening minority freedoms; |
| --- | --- |

40.

Stresses that human rights, especially the rights of women, children, LGBT people and religious minorities, have long been neglected in the region, and notes that sectarian Islamism has spread in parts of the Horn of Africa and is threatening minority freedoms;

| 41. | Underlines the importance of European support for civil society; calls on the Commission and the Member States to ensure coordinated support for civil society both within individual countries and at crossborder and regional level; |
| --- | --- |

41.

Underlines the importance of European support for civil society; calls on the Commission and the Member States to ensure coordinated support for civil society both within individual countries and at crossborder and regional level;

| 42. | Stresses the importance of providing continuous assistance to South Sudan for the purposes of creating and sustaining an effective civil society; strongly believes that the new instrument for the promotion of democracy and human rights should include ad hoc financing lines for the Horn of Africa; believes that consideration should be given to extending the Endowment for Democracy to countries in the Horn of Africa; |
| --- | --- |

42.

Stresses the importance of providing continuous assistance to South Sudan for the purposes of creating and sustaining an effective civil society; strongly believes that the new instrument for the promotion of democracy and human rights should include ad hoc financing lines for the Horn of Africa; believes that consideration should be given to extending the Endowment for Democracy to countries in the Horn of Africa;

Sudan and South Sudan

| 43. | Welcomes the agreements reached between Sudan and South Sudan on resuming oil exports and border demilitarisation, and calls on both countries to respect them; calls on each of the two countries to cease harbouring or supporting rebel groups from the other; urges further negotiations on the delimitation of the borders between the two countries, in order to avoid further outbreaks of conflict which would jeopardise the recent agreement, and recommends that both leaders continue talks in order to reach agreement on the status of Abyei and other disputed areas, in line with the AU Roadmap and UN Security Council Resolution 2046 and as soon as possible; congratulates ex-President Mbeki’s High Level Panel, which was part-financed by the EU, on the successes it has achieved, with AU support, in negotiating and mediating between Sudan and South Sudan; calls on the EUSR for Sudan and South Sudan to coordinate with the heads of delegation in Sudan and South Sudan so as to ensure that the EU’s engagement, political efforts and assistance maintain a very high degree of visibility; |
| --- | --- |

43.

Welcomes the agreements reached between Sudan and South Sudan on resuming oil exports and border demilitarisation, and calls on both countries to respect them; calls on each of the two countries to cease harbouring or supporting rebel groups from the other; urges further negotiations on the delimitation of the borders between the two countries, in order to avoid further outbreaks of conflict which would jeopardise the recent agreement, and recommends that both leaders continue talks in order to reach agreement on the status of Abyei and other disputed areas, in line with the AU Roadmap and UN Security Council Resolution 2046 and as soon as possible; congratulates ex-President Mbeki’s High Level Panel, which was part-financed by the EU, on the successes it has achieved, with AU support, in negotiating and mediating between Sudan and South Sudan; calls on the EUSR for Sudan and South Sudan to coordinate with the heads of delegation in Sudan and South Sudan so as to ensure that the EU’s engagement, political efforts and assistance maintain a very high degree of visibility;

| 44. | Welcomes the memorandums of understanding concluded separately between the Sudanese Government and the Sudan People’s Liberation Movement North (SPLM-N), together with the UN, the African Union and the Arab League, with a view to allowing humanitarian aid to get through to civilians in the states of Blue Nile and South Kordofan; |
| --- | --- |

44.

Welcomes the memorandums of understanding concluded separately between the Sudanese Government and the Sudan People’s Liberation Movement North (SPLM-N), together with the UN, the African Union and the Arab League, with a view to allowing humanitarian aid to get through to civilians in the states of Blue Nile and South Kordofan;

| 45. | Is concerned at the resurgence of violence in Jonglei state in South Sudan, which is jeopardising the progress made on re-establishing peace and security in the region; supports the investigation requested by UNMISS, and calls for those responsible for the violence to be punished; calls on the Government of South Sudan to:






  (i) | take the necessary steps to strengthen its international and national human rights framework, including by reconfirming its obligations under the international human rights treaties to which Sudan was party at the time of South Sudan’s independence, while withdrawing any reservations to them, and becoming party, without reservations, to other key international human rights treaties; |
| --- | --- | --- |

45.

Is concerned at the resurgence of violence in Jonglei state in South Sudan, which is jeopardising the progress made on re-establishing peace and security in the region; supports the investigation requested by UNMISS, and calls for those responsible for the violence to be punished; calls on the Government of South Sudan to:

(i)

take the necessary steps to strengthen its international and national human rights framework, including by reconfirming its obligations under the international human rights treaties to which Sudan was party at the time of South Sudan’s independence, while withdrawing any reservations to them, and becoming party, without reservations, to other key international human rights treaties;

| (ii) | immediately swear in members of the Investigation Committee into the Jonglei State Crisis and provide them with the necessary resources to carry out an independent, full and impartial investigation; |
| --- | --- |

(ii)

immediately swear in members of the Investigation Committee into the Jonglei State Crisis and provide them with the necessary resources to carry out an independent, full and impartial investigation;

| (iii) | immediately impose an official moratorium on executions with a view to abolishing the death penalty, and commute all death sentences to imprisonment; |
| --- | --- |

(iii)

immediately impose an official moratorium on executions with a view to abolishing the death penalty, and commute all death sentences to imprisonment;

stresses the importance of the EU’s continuous assistance to South Sudan with a view to providing capacity-building for the country’s public administration and law enforcement authorities, creating and sustaining an effective civil society and promoting good governance; urges the EU to press for the ratification of key international human rights treaties by South Sudan and assist the country’s authorities in their implementation; condemns the reported abuses against civilians by the military forces in the demilitarisation process, and calls on the South Sudanese Government to conduct an independent investigation into the events in order to hold the soldiers involved accountable and ensure reparations for the victims;

| 46. | Strongly condemns all acts of violence committed against civilians in violation of international humanitarian law and human rights law in Sudan; urges the EU and the international community to agree on an unified approach to addressing the protection of civilians and ending human rights violations, particularly in Darfur, Southern Kordofan and Blue Nile; calls on the Government of Sudan and the SPLM/North to enter immediately into direct talks with a view to agreeing on a complete cessation of hostilities and reaching a political settlement on the basis of the 28 June 2011 Framework Agreement, as stipulated in UN Security Council Resolution 2046; stresses the importance of keeping international actors in the conflict zones, and urges the Sudanese authorities to ensure their safety, along with that of civilians; recalls the EU’s and Member States’ responsibilities concerning enhanced support for and cooperation with the International Criminal Court in implementing the arrest warrants taken out against Ahmad Muhammad Harun, Ali Muhammad Ali Abd-Al-Rahman, Abdel Rahim Mohammed Hussein and President Omar Hassan Ahmad Al Bashir; |
| --- | --- |

46.

Strongly condemns all acts of violence committed against civilians in violation of international humanitarian law and human rights law in Sudan; urges the EU and the international community to agree on an unified approach to addressing the protection of civilians and ending human rights violations, particularly in Darfur, Southern Kordofan and Blue Nile; calls on the Government of Sudan and the SPLM/North to enter immediately into direct talks with a view to agreeing on a complete cessation of hostilities and reaching a political settlement on the basis of the 28 June 2011 Framework Agreement, as stipulated in UN Security Council Resolution 2046; stresses the importance of keeping international actors in the conflict zones, and urges the Sudanese authorities to ensure their safety, along with that of civilians; recalls the EU’s and Member States’ responsibilities concerning enhanced support for and cooperation with the International Criminal Court in implementing the arrest warrants taken out against Ahmad Muhammad Harun, Ali Muhammad Ali Abd-Al-Rahman, Abdel Rahim Mohammed Hussein and President Omar Hassan Ahmad Al Bashir;

| 47. | Is concerned at the deteriorating health situation of the estimated 170 000 Sudanese refugees, more than half of whom are children, in the four camps in Upper Nile state and the camp in Unity state, where the risks of infection, diarrhoea and malaria are sharply increasing, with malnutrition as an aggravating factor; |
| --- | --- |

47.

Is concerned at the deteriorating health situation of the estimated 170 000 Sudanese refugees, more than half of whom are children, in the four camps in Upper Nile state and the camp in Unity state, where the risks of infection, diarrhoea and malaria are sharply increasing, with malnutrition as an aggravating factor;

| 48. | Condemns any support provided by either Sudan or South Sudan to any armed group other than their respective regular armed forces; |
| --- | --- |

48.

Condemns any support provided by either Sudan or South Sudan to any armed group other than their respective regular armed forces;

Somalia

| 49. | Takes note of the outcome of the 20 August 2012 presidential elections in Somalia; urges all political actors in Somalia to commit to democracy, the rule of law and human rights, as the only way out of the vicious cycle of poverty, underdevelopment and insecurity; stresses that the end of the TFG’s mandate is a key test of the potential of Somalia to move towards a functioning state and of its capacity to rebuild strong, democratic and truly representative institutions; believes it will be crucial to facilitate an inclusive political dialogue in Somalia and promote consensus-building processes to support the new government; calls on the new Federal Government and the new President Hassan Sheikh Mohamud to work towards reconciliation among the Somali people by building on the Garowe Agreement, in order to establish the new federal state and begin the long but important process of delivering peace, security and democracy for all Somalis; |
| --- | --- |

49.

Takes note of the outcome of the 20 August 2012 presidential elections in Somalia; urges all political actors in Somalia to commit to democracy, the rule of law and human rights, as the only way out of the vicious cycle of poverty, underdevelopment and insecurity; stresses that the end of the TFG’s mandate is a key test of the potential of Somalia to move towards a functioning state and of its capacity to rebuild strong, democratic and truly representative institutions; believes it will be crucial to facilitate an inclusive political dialogue in Somalia and promote consensus-building processes to support the new government; calls on the new Federal Government and the new President Hassan Sheikh Mohamud to work towards reconciliation among the Somali people by building on the Garowe Agreement, in order to establish the new federal state and begin the long but important process of delivering peace, security and democracy for all Somalis;

| 50. | Welcomes the recent swearing-in of the first formal parliament of Somalia in over 20 years, and hopes this will mark the first step in a transition towards a more representative parliamentary democracy; notes the fact that the 30 % quota for female members of parliament has almost been met, recalling that the meaningful participation of women across all sectors of public life is important for successful efforts of conflict resolution and peace-building; |
| --- | --- |

50.

Welcomes the recent swearing-in of the first formal parliament of Somalia in over 20 years, and hopes this will mark the first step in a transition towards a more representative parliamentary democracy; notes the fact that the 30 % quota for female members of parliament has almost been met, recalling that the meaningful participation of women across all sectors of public life is important for successful efforts of conflict resolution and peace-building;

| 51. | Welcomes the end of the transition in Somalia as an opportunity for renewal; salutes the work of the roadmap signatories, the traditional elders, the National Constituent Assembly, the new Federal Parliament and the Technical Selection Committee, for their roles in ending the transition period in Somalia; welcomes the commitment of the outgoing President to support and work with President Hassan Sheikh Mohamud; urges all political actors in Somalia to cooperate with the new authorities; welcomes President Hassan Sheikh’s vision for Somalia and his intention to ensure the formation of inclusive, broad-based governing institutions, stabilisation, the rule of law and good governance, economic recovery, peace-building and reconciliation, public service delivery, and improved relations between Somalia and the rest of the world; urges him to respect his commitment to transparent and accountable governance, to fighting corruption at all levels, and to ensuring inclusive dialogue and setting up representative and accountable institutions at national, regional, district and local levels, in accordance with the Provisional Constitution of Somalia; |
| --- | --- |

51.

Welcomes the end of the transition in Somalia as an opportunity for renewal; salutes the work of the roadmap signatories, the traditional elders, the National Constituent Assembly, the new Federal Parliament and the Technical Selection Committee, for their roles in ending the transition period in Somalia; welcomes the commitment of the outgoing President to support and work with President Hassan Sheikh Mohamud; urges all political actors in Somalia to cooperate with the new authorities; welcomes President Hassan Sheikh’s vision for Somalia and his intention to ensure the formation of inclusive, broad-based governing institutions, stabilisation, the rule of law and good governance, economic recovery, peace-building and reconciliation, public service delivery, and improved relations between Somalia and the rest of the world; urges him to respect his commitment to transparent and accountable governance, to fighting corruption at all levels, and to ensuring inclusive dialogue and setting up representative and accountable institutions at national, regional, district and local levels, in accordance with the Provisional Constitution of Somalia;

| 52. | Calls on the HR/VP and the EUSR for the Horn of Africa to critically review the Djibouti Peace Process and to consider deploying a team of mediators whose members are trusted by a large spectrum of Somali actors, including women’s associations and have the capacity to bring a wide range of Somali actors to the negotiation table; calls on the HR/VP to initiate a process for Somali civil society actors within and outside the country which would allow for the regular and continued discussion of possible solutions to the political problems in the country; calls on the HR/VP to bring these two processes together, taking as an example the successful peace process of 2000-2005 in Sudan; |
| --- | --- |

52.

Calls on the HR/VP and the EUSR for the Horn of Africa to critically review the Djibouti Peace Process and to consider deploying a team of mediators whose members are trusted by a large spectrum of Somali actors, including women’s associations and have the capacity to bring a wide range of Somali actors to the negotiation table; calls on the HR/VP to initiate a process for Somali civil society actors within and outside the country which would allow for the regular and continued discussion of possible solutions to the political problems in the country; calls on the HR/VP to bring these two processes together, taking as an example the successful peace process of 2000-2005 in Sudan;

| 53. | Welcomes the recent peace initiative of the Somali government offering civilian jobs and training for defecting Al Shabaab rebels; welcomes the recent endorsement of an ambitious constitution which promises equal rights for ‘all citizens, regardless of sex, religion, social or economic status, political opinion, clan, disability, occupation, birth or dialect’, outlaws female genital mutilation, and establishes a Truth and Reconciliation Commission; is concerned, however, that in a country plagued by decades of internecine feuds the new constitution does not address the issue of the division of power and resources between the centre and the regions', and calls for closer cooperation with the new authorities in order to address these issues; |
| --- | --- |

53.

Welcomes the recent peace initiative of the Somali government offering civilian jobs and training for defecting Al Shabaab rebels; welcomes the recent endorsement of an ambitious constitution which promises equal rights for ‘all citizens, regardless of sex, religion, social or economic status, political opinion, clan, disability, occupation, birth or dialect’, outlaws female genital mutilation, and establishes a Truth and Reconciliation Commission; is concerned, however, that in a country plagued by decades of internecine feuds the new constitution does not address the issue of the division of power and resources between the centre and the regions', and calls for closer cooperation with the new authorities in order to address these issues;

| 54. | Calls on the Somali authorities to give priority to institution-building and to establishing, as a matter of urgency, an accountable, transparent and integrative police force, since this will consolidate trust of the population in the new government; commends, in this regard, the valuable contribution that EUTM Somalia is making to the country’s security forces; trusts in Member States’ ongoing support for the work of the CSDP mission, which is striving to instil awareness of respect for human rights, gender dynamics and the rule of law in the Somali military; notes that the development of stable, accountable and inclusive Somali institutions has to go beyond the security forces and be Somali-led and owned if Somalia is to become a viable state; |
| --- | --- |

54.

Calls on the Somali authorities to give priority to institution-building and to establishing, as a matter of urgency, an accountable, transparent and integrative police force, since this will consolidate trust of the population in the new government; commends, in this regard, the valuable contribution that EUTM Somalia is making to the country’s security forces; trusts in Member States’ ongoing support for the work of the CSDP mission, which is striving to instil awareness of respect for human rights, gender dynamics and the rule of law in the Somali military; notes that the development of stable, accountable and inclusive Somali institutions has to go beyond the security forces and be Somali-led and owned if Somalia is to become a viable state;

| 55. | Stresses that viable and inclusive economic structures and a system of revenue-sharing for future oil and gas exploitation between the regions and the federal level, for the benefit of the whole population, will be essential for the long-term sustainability of Somalia as a functioning federal state; urges the international community not to repeat the mistakes made in the past in concentrating assistance on the federal institutions in Mogadishu at the expense of Somalia’s regions, given that the latter can play a crucial role in the decentralised delivery of basic services and stability to the population; calls on the EU to mobilise all resources during the present ‘window of opportunity’, in order to assist regional entities in Somalia in this vital process of democratic transition; given the latest political and security developments in Somalia, encourages the Member States and the HR/VP, in close cooperation with the legitimate Somali authorities, the African Union and IGAD, as well as the US government, to consider a Security Sector Reform (SSR) mission once the situation on the ground permits; |
| --- | --- |

55.

Stresses that viable and inclusive economic structures and a system of revenue-sharing for future oil and gas exploitation between the regions and the federal level, for the benefit of the whole population, will be essential for the long-term sustainability of Somalia as a functioning federal state; urges the international community not to repeat the mistakes made in the past in concentrating assistance on the federal institutions in Mogadishu at the expense of Somalia’s regions, given that the latter can play a crucial role in the decentralised delivery of basic services and stability to the population; calls on the EU to mobilise all resources during the present ‘window of opportunity’, in order to assist regional entities in Somalia in this vital process of democratic transition; given the latest political and security developments in Somalia, encourages the Member States and the HR/VP, in close cooperation with the legitimate Somali authorities, the African Union and IGAD, as well as the US government, to consider a Security Sector Reform (SSR) mission once the situation on the ground permits;

| 56. | Recognises that peace in Somalia must be a bottom-up process; stresses that the EU must ensure that its strategy allows for local efforts to build peace and resolve disputes to be sufficiently supported and made a national and regional priority; also recalls that local legitimacy will help the emergence of governing institutions in Somalia that offer long- term prospects for stability; |
| --- | --- |

56.

Recognises that peace in Somalia must be a bottom-up process; stresses that the EU must ensure that its strategy allows for local efforts to build peace and resolve disputes to be sufficiently supported and made a national and regional priority; also recalls that local legitimacy will help the emergence of governing institutions in Somalia that offer long- term prospects for stability;

| 57. | Recalls that the African Union has deployed AMISOM, a military mission to Somalia, which has been mandated by the UN Security Council and which is desperately seeking to enlist more countries as troop contributors; |
| --- | --- |

57.

Recalls that the African Union has deployed AMISOM, a military mission to Somalia, which has been mandated by the UN Security Council and which is desperately seeking to enlist more countries as troop contributors;

| 58. | Stresses the need for the EU to play, in close cooperation with the US and the African Union, a key role in the future of Somalia; |
| --- | --- |

58.

Stresses the need for the EU to play, in close cooperation with the US and the African Union, a key role in the future of Somalia;

| 59. | Urges the international community, in cooperation with the ICRC and the Red Crescent, to implement and develop in Somalia, as soon as possible, health facilities, healthcare centres and therapeutic nutrition centres for outpatients; |
| --- | --- |

59.

Urges the international community, in cooperation with the ICRC and the Red Crescent, to implement and develop in Somalia, as soon as possible, health facilities, healthcare centres and therapeutic nutrition centres for outpatients;

| 60. | Welcomes the establishment of a Local Stability Fund, which aims in particular to coordinate international aid in the newly liberated and accessible areas in the south of Somalia; |
| --- | --- |

60.

Welcomes the establishment of a Local Stability Fund, which aims in particular to coordinate international aid in the newly liberated and accessible areas in the south of Somalia;

| 61. | Deeply regrets that, since December 2011 alone, 13 journalists and media workers have been killed in government-controlled areas of Somalia and that no progress has been made in the prosecution of these cases; underlines the importance of securing freedom of expression, and urges the new Government and President to adopt measures to provide better protection for journalists and carry out credible investigations into these killings; |
| --- | --- |

61.

Deeply regrets that, since December 2011 alone, 13 journalists and media workers have been killed in government-controlled areas of Somalia and that no progress has been made in the prosecution of these cases; underlines the importance of securing freedom of expression, and urges the new Government and President to adopt measures to provide better protection for journalists and carry out credible investigations into these killings;

| 62. | Urges the EU and all regional and international partners to take the most of the opportunity created by the emergence of a new government in Somalia which, coupled with the apparent decline of the Al-Shaabab surge in the country, provides for potential to open a new political era in Somalia; stresses, therefore, the need for the international community, and especially the EU, to be ready to provide support to legitimate and democratic authorities in the field of institutional capacity building, SSR and DDR, and to support civil society; urges the HR/VP to make sure that EU action in Somalia fosters a free and open society that respects and upholds human rights, especially the rights of women and minorities, enables the empowering of women and ensures gender balance in all sectors of society; |
| --- | --- |

62.

Urges the EU and all regional and international partners to take the most of the opportunity created by the emergence of a new government in Somalia which, coupled with the apparent decline of the Al-Shaabab surge in the country, provides for potential to open a new political era in Somalia; stresses, therefore, the need for the international community, and especially the EU, to be ready to provide support to legitimate and democratic authorities in the field of institutional capacity building, SSR and DDR, and to support civil society; urges the HR/VP to make sure that EU action in Somalia fosters a free and open society that respects and upholds human rights, especially the rights of women and minorities, enables the empowering of women and ensures gender balance in all sectors of society;

| 63. | Underlines the very positive example of Somaliland, which has demonstrated its capacity to develop and consolidate its democratic, economic and administrative structures over more than twenty years and create a sustainable democratic process; notes that Somaliland has so far been very successful in consolidating security and stability on its territory and in cooperating in the fight against piracy and terrorism; expresses concern, however, that should Al-Shabaab regroup in its mountainous border regions, Somaliland may become vulnerable; stresses, therefore, that it is essential to support Somaliland in the fight against terrorism, including such measures as promoting economic diversification and building capacity for youth employment in order to curtail recruitment amongst the young; points out the importance for Somaliland of promoting economic and social development in the region as a way to counter the radicalisation of areas of instability on its territory; calls on the Commission and the EEAS to support Somaliland in enhancing its development prospects and promoting its economic and social stability; stresses that in the quest for a solution for the long-term stability and security of Somalia it is important to evaluate the positive example of Somaliland’s stability; |
| --- | --- |

63.

Underlines the very positive example of Somaliland, which has demonstrated its capacity to develop and consolidate its democratic, economic and administrative structures over more than twenty years and create a sustainable democratic process; notes that Somaliland has so far been very successful in consolidating security and stability on its territory and in cooperating in the fight against piracy and terrorism; expresses concern, however, that should Al-Shabaab regroup in its mountainous border regions, Somaliland may become vulnerable; stresses, therefore, that it is essential to support Somaliland in the fight against terrorism, including such measures as promoting economic diversification and building capacity for youth employment in order to curtail recruitment amongst the young; points out the importance for Somaliland of promoting economic and social development in the region as a way to counter the radicalisation of areas of instability on its territory; calls on the Commission and the EEAS to support Somaliland in enhancing its development prospects and promoting its economic and social stability; stresses that in the quest for a solution for the long-term stability and security of Somalia it is important to evaluate the positive example of Somaliland’s stability;

| 64. | Welcomes the strong statement of support for the new federal institutions of Somalia made by the HR/VP at the UN General Assembly Mini-Summit on Somalia held in New York and, in particular, her commitment to a four-year process of consolidation of the new federal institutions and regional administrations, as well as to an international conference on Somalia in 2013; calls on Somaliland and the other federal entities to play a full and supportive role in negotiating their legal and political relationship with the new federal institutions in Somalia, with a view to achieving a sustainable, stable and prosperous Somali federal state; |
| --- | --- |

64.

Welcomes the strong statement of support for the new federal institutions of Somalia made by the HR/VP at the UN General Assembly Mini-Summit on Somalia held in New York and, in particular, her commitment to a four-year process of consolidation of the new federal institutions and regional administrations, as well as to an international conference on Somalia in 2013; calls on Somaliland and the other federal entities to play a full and supportive role in negotiating their legal and political relationship with the new federal institutions in Somalia, with a view to achieving a sustainable, stable and prosperous Somali federal state;

Ethiopia and Eritrea

| 65. | Points out the key role of Ethiopia for the political and economic stability of the entire region; notes that in his inaugural speech, Hailemariam Desalegn, the new Prime Minister of Ethiopia, stressed the importance of strengthening human rights and democratic institutions in the country, in order to help develop a democratic culture and full respect for human rights in the country; believes that the emergence of a new Ethiopian government provides the opportunity to engage Ethiopia on all issues of common interest or concern, including those where there may have been a divergence of opinions in the past, and stresses the importance of supporting Ethiopia in its path to a new democratic system, through positive dialogue and partnership; supports Ethiopia in its fight against terrorism, but stresses that this fight should be pursued in a framework of full respect for fundamental rights; |
| --- | --- |

65.

Points out the key role of Ethiopia for the political and economic stability of the entire region; notes that in his inaugural speech, Hailemariam Desalegn, the new Prime Minister of Ethiopia, stressed the importance of strengthening human rights and democratic institutions in the country, in order to help develop a democratic culture and full respect for human rights in the country; believes that the emergence of a new Ethiopian government provides the opportunity to engage Ethiopia on all issues of common interest or concern, including those where there may have been a divergence of opinions in the past, and stresses the importance of supporting Ethiopia in its path to a new democratic system, through positive dialogue and partnership; supports Ethiopia in its fight against terrorism, but stresses that this fight should be pursued in a framework of full respect for fundamental rights;

| 66. | Hopes that under the leadership of Prime Minister Hailemariam Desalegn, appointed on 21 September 2012, Ethiopia will engage in a process of genuine democratic transition in order to realise its strong democratic potential, putting an end to interference with religious freedom and civil society freedoms; calls on the European External Action Service, the EUSR for the Horn of Africa and the EUSR for Human Rights to engage with Ethiopia on human rights as a matter of priority so that it can seize the opportunity of the ongoing political transition to institute a truly democratic transition, built on the centrality of human rights and fundamental freedoms, freedom of the media and full recognition of freedom of expression; urges the EU and the international community to remain vigilant and active in response to the political transition under way in Ethiopia, to promote the strengthening of democratic institutions and to tie political, military and development assistance to concrete democratic reforms, which must include the release of all prisoners of conscience, such as Eskinder Nega and other journalists, human rights and development activists and opposition figures, the admission of the UN special rapporteurs on human rights on a basis of unhindered access to all regions and detention facilities, the repeal or amendment of the Charities and Societies Proclamation and the Anti-Terrorism Proclamation, and the return of opposition politicians in exile; calls on the EU to find innovative and secure ways to assist, financially and politically, the struggling civil society in Ethiopia and engage in close dialogue with the opposition, both in Ethiopia and in exile; |
| --- | --- |

66.

Hopes that under the leadership of Prime Minister Hailemariam Desalegn, appointed on 21 September 2012, Ethiopia will engage in a process of genuine democratic transition in order to realise its strong democratic potential, putting an end to interference with religious freedom and civil society freedoms; calls on the European External Action Service, the EUSR for the Horn of Africa and the EUSR for Human Rights to engage with Ethiopia on human rights as a matter of priority so that it can seize the opportunity of the ongoing political transition to institute a truly democratic transition, built on the centrality of human rights and fundamental freedoms, freedom of the media and full recognition of freedom of expression; urges the EU and the international community to remain vigilant and active in response to the political transition under way in Ethiopia, to promote the strengthening of democratic institutions and to tie political, military and development assistance to concrete democratic reforms, which must include the release of all prisoners of conscience, such as Eskinder Nega and other journalists, human rights and development activists and opposition figures, the admission of the UN special rapporteurs on human rights on a basis of unhindered access to all regions and detention facilities, the repeal or amendment of the Charities and Societies Proclamation and the Anti-Terrorism Proclamation, and the return of opposition politicians in exile; calls on the EU to find innovative and secure ways to assist, financially and politically, the struggling civil society in Ethiopia and engage in close dialogue with the opposition, both in Ethiopia and in exile;

| 67. | Notes that Ethiopia currently has neither an independent judiciary nor an independent media, as a result of a concerted campaign to undermine and obstruct the judges, control the media, intimidate the opposition and silence human rights organisations; |
| --- | --- |

67.

Notes that Ethiopia currently has neither an independent judiciary nor an independent media, as a result of a concerted campaign to undermine and obstruct the judges, control the media, intimidate the opposition and silence human rights organisations;

| 68. | Points out that numerous journalists have been prosecuted under the anti-terrorism law of 2009; deplores the recent campaign of legal harassment that has culminated in the Federal Supreme Court sentencing blogger Elias Kifle in absentia to life imprisonment, and Wubishet Taye, deputy editor of a local newspaper, and columnist Reeyot Alemn, to 14 years in prison; welcomes, however, the pardon recently granted to the Swedish journalists Martin Schibbye and Johan Persson after the death of Prime Minister Meles Zenawi; urges the new government to extend the same clemency to all victims of arbitrary justice; |
| --- | --- |

68.

Points out that numerous journalists have been prosecuted under the anti-terrorism law of 2009; deplores the recent campaign of legal harassment that has culminated in the Federal Supreme Court sentencing blogger Elias Kifle in absentia to life imprisonment, and Wubishet Taye, deputy editor of a local newspaper, and columnist Reeyot Alemn, to 14 years in prison; welcomes, however, the pardon recently granted to the Swedish journalists Martin Schibbye and Johan Persson after the death of Prime Minister Meles Zenawi; urges the new government to extend the same clemency to all victims of arbitrary justice;

| 69. | Stresses the great potential of the Grand Renaissance Blue Nile Dam project in the Benishangul-Gumuz region in Ethiopia, for the production of clean energy and the economic development of the entire region; supports the international panel of experts established between Ethiopia, Sudan and Egypt for this project, and calls for a closer understanding for the sharing of water resources from the Nile and of the energy produced by the hydroelectric power plant linked to the dam; |
| --- | --- |

69.

Stresses the great potential of the Grand Renaissance Blue Nile Dam project in the Benishangul-Gumuz region in Ethiopia, for the production of clean energy and the economic development of the entire region; supports the international panel of experts established between Ethiopia, Sudan and Egypt for this project, and calls for a closer understanding for the sharing of water resources from the Nile and of the energy produced by the hydroelectric power plant linked to the dam;

| 70. | Calls on the Government of Ethiopia to formally endorse the Boundary Commission’s delimitation decisions between Eritrea and Ethiopia as final and binding, in accordance with UNSC Resolutions 1907 (2009) and 2023 (2011), as well as with the relevant AU and IGAD resolutions; calls, therefore, on the Eritrean Government to agree to engage in dialogue with Ethiopia in order to address the process of disengagement of troops from the border and physical demarcation in accordance with the Boundary Commission’s decisions, bearing in mind the importance of keeping communities together, as well as the normalisation of relations with Ethiopia, including the reopening of the border; calls on the international community to engage with Eritrea and defend the interests and needs of the Eritrean people, while pressing the regime and the military to allow access to international organisations, prepare the long-promised elections and open up political space in the country; emphasises that all EU assistance which does not pursue humanitarian objectives should be made strictly conditional on a commitment by the Eritrean authorities to facilitate a democratic transition and the improvement of the human rights situation in the country, with transparent and tangible benchmarks, as well as of the basic needs of the Eritrean people; calls on Eritrea to desist from providing any support for armed groups which undermine peace and reconciliation in Somalia and, more generally, regional stability; calls for freedom of speech, the press and religion, as well as the introduction of free and fair elections and democracy in the country; calls for the immediate release of political prisoners, including the jailed journalist Dawit Isaac, who has been imprisoned without trial for over 4 000 days; |
| --- | --- |

70.

Calls on the Government of Ethiopia to formally endorse the Boundary Commission’s delimitation decisions between Eritrea and Ethiopia as final and binding, in accordance with UNSC Resolutions 1907 (2009) and 2023 (2011), as well as with the relevant AU and IGAD resolutions; calls, therefore, on the Eritrean Government to agree to engage in dialogue with Ethiopia in order to address the process of disengagement of troops from the border and physical demarcation in accordance with the Boundary Commission’s decisions, bearing in mind the importance of keeping communities together, as well as the normalisation of relations with Ethiopia, including the reopening of the border; calls on the international community to engage with Eritrea and defend the interests and needs of the Eritrean people, while pressing the regime and the military to allow access to international organisations, prepare the long-promised elections and open up political space in the country; emphasises that all EU assistance which does not pursue humanitarian objectives should be made strictly conditional on a commitment by the Eritrean authorities to facilitate a democratic transition and the improvement of the human rights situation in the country, with transparent and tangible benchmarks, as well as of the basic needs of the Eritrean people; calls on Eritrea to desist from providing any support for armed groups which undermine peace and reconciliation in Somalia and, more generally, regional stability; calls for freedom of speech, the press and religion, as well as the introduction of free and fair elections and democracy in the country; calls for the immediate release of political prisoners, including the jailed journalist Dawit Isaac, who has been imprisoned without trial for over 4 000 days;

o

o o

| 71. | Instructs its President to forward this resolution to the Council and Commission, the EEAS and the Member States, the EU Special Representative for Sudan, the EU Special Representative for the Horn of Africa, the EU Member States, the Government of Turkey, the Congress of the United States, the State Department of the United States, the African Union Commission, the Pan-African Parliament, the Governments and Parliaments of the Intergovernmental Authority on Development (IGAD), and the authorities of Somaliland. |
| --- | --- |

71.

Instructs its President to forward this resolution to the Council and Commission, the EEAS and the Member States, the EU Special Representative for Sudan, the EU Special Representative for the Horn of Africa, the EU Member States, the Government of Turkey, the Congress of the United States, the State Department of the United States, the African Union Commission, the Pan-African Parliament, the Governments and Parliaments of the Intergovernmental Authority on Development (IGAD), and the authorities of Somaliland.

---

(1)  Texts adopted, P7_TA(2012)0203.

(2)  OJ C 46 E, 24.2.2010, p. 102.

(3)  OJ C 349 E, 22.12.2010, p. 51.

(4)  OJ C 377 E, 7.12.2012, p. 35.

(5)  Texts adopted, P7_TA(2012)0334.

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| 30.12.2015 | EN | Official Journal of the European Union | C 440/55 |
| --- | --- | --- | --- |

30.12.2015

EN

Official Journal of the European Union

C 440/55

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P7_TA(2013)0007

Development aspects of intellectual property rights on genetic resources

European Parliament resolution of 15 January 2013 on development aspects of intellectual property rights on genetic resources: the impact on poverty reduction in developing countries (2012/2135(INI))

(2015/C 440/07)

The European Parliament,

| — | having regard to the 1992 Convention on Biological Diversity (CBD), |
| --- | --- |

—

having regard to the 1992 Convention on Biological Diversity (CBD),

| — | having regard to the 2010 Nagoya Protocol to the CBD on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilisation, |
| --- | --- |

—

having regard to the 2010 Nagoya Protocol to the CBD on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilisation,

| — | having regard to the 2001 International Treaty on Plant Genetic Resources for Food and Agriculture, |
| --- | --- |

—

having regard to the 2001 International Treaty on Plant Genetic Resources for Food and Agriculture,

| — | having regard to the 2002 Patent Cooperation Treaty, |
| --- | --- |

—

having regard to the 2002 Patent Cooperation Treaty,

| — | having regard to the United Nations Declaration on the Rights of Indigenous Peoples adopted by the General Assembly on 13 September 2007, |
| --- | --- |

—

having regard to the United Nations Declaration on the Rights of Indigenous Peoples adopted by the General Assembly on 13 September 2007,

| — | having regard to the 1989 ILO Indigenous and Tribal Peoples Convention (No 169), |
| --- | --- |

—

having regard to the 1989 ILO Indigenous and Tribal Peoples Convention (No 169),

| — | having regard to the International Convention for the Protection of New Varieties of Plants, as revised at Geneva on 19 March 1991, |
| --- | --- |

—

having regard to the International Convention for the Protection of New Varieties of Plants, as revised at Geneva on 19 March 1991,

| — | having regard to the 1995 WTO Agreement on Trade-Related Aspects of Intellectual Property Rights, |
| --- | --- |

—

having regard to the 1995 WTO Agreement on Trade-Related Aspects of Intellectual Property Rights,

| — | having regard to the 2002 International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGR) and the 2011 WHO framework regarding influenza viruses, |
| --- | --- |

—

having regard to the 2002 International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGR) and the 2011 WHO framework regarding influenza viruses,

| — | having regard to Directive 98/44/EC of the European Parliament and of the Council of 6 July 1998 on the legal protection of biotechnological inventions (1), |
| --- | --- |

—

having regard to Directive 98/44/EC of the European Parliament and of the Council of 6 July 1998 on the legal protection of biotechnological inventions (1),

| — | having regard to its resolution of 7 October 2010 on the EU strategic objectives for the 10th Meeting of the Conference of the Parties to the Convention on Biological Diversity (CBD), to be held in Nagoya (Japan) from 18 to 29 October 2010 (2), |
| --- | --- |

—

having regard to its resolution of 7 October 2010 on the EU strategic objectives for the 10th Meeting of the Conference of the Parties to the Convention on Biological Diversity (CBD), to be held in Nagoya (Japan) from 18 to 29 October 2010 (2),

| — | having regard to the Communication from the Commission to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions entitled ‘Our life insurance, our natural capital: an EU biodiversity strategy to 2020’ (COM(2011)0244), |
| --- | --- |

—

having regard to the Communication from the Commission to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions entitled ‘Our life insurance, our natural capital: an EU biodiversity strategy to 2020’ (COM(2011)0244),

| — | having regard to the activities and reports of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore, |
| --- | --- |

—

having regard to the activities and reports of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore,

| — | having regard to the Report of the Meeting of the Group of Technical and Legal Experts on Traditional Knowledge Associated with Genetic Resources in the Context of the International Regime on Access and Benefit-Sharing (UNEP/CBD/WG-ABS/8/2, 2009), |
| --- | --- |

—

having regard to the Report of the Meeting of the Group of Technical and Legal Experts on Traditional Knowledge Associated with Genetic Resources in the Context of the International Regime on Access and Benefit-Sharing (UNEP/CBD/WG-ABS/8/2, 2009),

| — | having regard to the study requested by Parliament’s Committee on Development, entitled ‘Intellectual Property Rights on genetic resources and the fight against poverty’ (2011), |
| --- | --- |

—

having regard to the study requested by Parliament’s Committee on Development, entitled ‘Intellectual Property Rights on genetic resources and the fight against poverty’ (2011),

| — | having regard to the 1971 Ramsar Convention on Wetlands, |
| --- | --- |

—

having regard to the 1971 Ramsar Convention on Wetlands,

| — | having regard to the 1973 Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), |
| --- | --- |

—

having regard to the 1973 Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES),

| — | 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 Development and the opinions of the Committee on International Trade and the Committee on Legal Affairs (A7-0423/2012), |
| --- | --- |

—

having regard to the report of the Committee on Development and the opinions of the Committee on International Trade and the Committee on Legal Affairs (A7-0423/2012),

| A. | whereas 70 % of the world’s poor living in rural and urban areas depend directly on biodiversity for their survival and well-being; |
| --- | --- |

A.

whereas 70 % of the world’s poor living in rural and urban areas depend directly on biodiversity for their survival and well-being;

| B. | whereas the main aims of the Convention on Biological Diversity (CBD) are to foster the conservation and sustainable use of biodiversity and to address the obstacles impeding its use; |
| --- | --- |

B.

whereas the main aims of the Convention on Biological Diversity (CBD) are to foster the conservation and sustainable use of biodiversity and to address the obstacles impeding its use;

| C. | whereas genetic resource (GR) providers and holders of related traditional knowledge (TK) frequently belong to developing countries rich in biodiversity; |
| --- | --- |

C.

whereas genetic resource (GR) providers and holders of related traditional knowledge (TK) frequently belong to developing countries rich in biodiversity;

| D. | whereas national access and benefit sharing (ABS) legislation, adopted as part of the CBD process, emerged as a response to the practices of bioprospecting and biopiracy; |
| --- | --- |

D.

whereas national access and benefit sharing (ABS) legislation, adopted as part of the CBD process, emerged as a response to the practices of bioprospecting and biopiracy;

| E. | whereas a common definition of biopiracy is the industrial practice of privatising and patenting the traditional knowledge or genetic resources of indigenous peoples, without obtaining authorisation from or providing compensation to source countries; |
| --- | --- |

E.

whereas a common definition of biopiracy is the industrial practice of privatising and patenting the traditional knowledge or genetic resources of indigenous peoples, without obtaining authorisation from or providing compensation to source countries;

| F. | whereas the CBD and its Nagoya Protocol requires bioprospectors to obtain ‘prior informed consent’ (PIC) from and reach ‘mutually agreed terms’ (MAT) with countries of origin or indigenous and local communities in relation to TK associated with GR, and to share the benefits from bioprospecting with them; |
| --- | --- |

F.

whereas the CBD and its Nagoya Protocol requires bioprospectors to obtain ‘prior informed consent’ (PIC) from and reach ‘mutually agreed terms’ (MAT) with countries of origin or indigenous and local communities in relation to TK associated with GR, and to share the benefits from bioprospecting with them;

| G. | whereas the evolving ABS regime under the CDB operates in a complementary fashion with the WTO and its Trade-Related Aspects of Intellectual Property Rights (WTO-TRIPS), the World Intellectual Property Organisation (WIPO), the Food and Agriculture Organisation (FAO), the International Union for the Protection of New Varieties of Plants (UPOV) and the World Health Organisation (WHO); |
| --- | --- |

G.

whereas the evolving ABS regime under the CDB operates in a complementary fashion with the WTO and its Trade-Related Aspects of Intellectual Property Rights (WTO-TRIPS), the World Intellectual Property Organisation (WIPO), the Food and Agriculture Organisation (FAO), the International Union for the Protection of New Varieties of Plants (UPOV) and the World Health Organisation (WHO);

| H. | whereas ABS governance is also reflected in a number of human rights instruments, including the 1948 Universal Declaration of Human Rights, the 1966 International Covenant on Civil and Political Rights and the 1966 International Covenant on Economic, Social and Cultural Rights; |
| --- | --- |

H.

whereas ABS governance is also reflected in a number of human rights instruments, including the 1948 Universal Declaration of Human Rights, the 1966 International Covenant on Civil and Political Rights and the 1966 International Covenant on Economic, Social and Cultural Rights;

| I. | whereas Article 27(3)(b) of the WTO-TRIPS entitles governments to exclude from patentintability plants, animals and ‘essentially’ biological processes, while microorganisms and non-biological and microbiological processes are eligible for patenting; |
| --- | --- |

I.

whereas Article 27(3)(b) of the WTO-TRIPS entitles governments to exclude from patentintability plants, animals and ‘essentially’ biological processes, while microorganisms and non-biological and microbiological processes are eligible for patenting;

| J. | whereas biodiversity provides a great range of ecosystem services, such as local water, food provision, materials for sustaining livelihoods and climate regulation; and whereas environmental degradation poses new challenges for the conservation and sustainable utilisation of a wide range of species and GRs as a base for food security and sustainable agricultural development; |
| --- | --- |

J.

whereas biodiversity provides a great range of ecosystem services, such as local water, food provision, materials for sustaining livelihoods and climate regulation; and whereas environmental degradation poses new challenges for the conservation and sustainable utilisation of a wide range of species and GRs as a base for food security and sustainable agricultural development;

| K. | whereas the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGR), which was negotiated within the ambit of the Food and Agriculture Organisation of the United Nations (FAO), is aimed at the conservation and sustainable use of plant GRs for food and agriculture and the fair and equitable sharing of the benefits arising from their use, in harmony with the CBD; |
| --- | --- |

K.

whereas the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGR), which was negotiated within the ambit of the Food and Agriculture Organisation of the United Nations (FAO), is aimed at the conservation and sustainable use of plant GRs for food and agriculture and the fair and equitable sharing of the benefits arising from their use, in harmony with the CBD;

| L. | whereas the OECD members rely strongly on genetic resources from abroad especially for crops, thereby making international cooperation on the conservation and sustainable use of genetic resources essential; |
| --- | --- |

L.

whereas the OECD members rely strongly on genetic resources from abroad especially for crops, thereby making international cooperation on the conservation and sustainable use of genetic resources essential;

| M. | whereas estimates indicate that three-quarters of the world’s population depends on natural traditional medicines and that approximately half of synthetic drugs have a natural origin; |
| --- | --- |

M.

whereas estimates indicate that three-quarters of the world’s population depends on natural traditional medicines and that approximately half of synthetic drugs have a natural origin;

| N. | whereas several international conventions and agreements, including the Convention on Biological Diversity (CBD), the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGR), the Declaration of the Rights of Indigenous Peoples (DRIPS), the Unesco Convention for the Safeguarding of Intangible Cultural Heritage, address the subject of traditional knowledge; |
| --- | --- |

N.

whereas several international conventions and agreements, including the Convention on Biological Diversity (CBD), the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGR), the Declaration of the Rights of Indigenous Peoples (DRIPS), the Unesco Convention for the Safeguarding of Intangible Cultural Heritage, address the subject of traditional knowledge;

| O. | whereas article 8(j) of the CBD commits parties to respect, preserve and maintain TK and to ‘encourage the equitable sharing of the benefits arising from the utilisation’ of such knowledge; |
| --- | --- |

O.

whereas article 8(j) of the CBD commits parties to respect, preserve and maintain TK and to ‘encourage the equitable sharing of the benefits arising from the utilisation’ of such knowledge;

| P. | whereas the 2007 UN Declaration on the Rights of Indigenous Peoples confirms the right to maintain, control, protect and develop their traditional knowledge; |
| --- | --- |

P.

whereas the 2007 UN Declaration on the Rights of Indigenous Peoples confirms the right to maintain, control, protect and develop their traditional knowledge;

| Q. | whereas in 2009, the WIPO General Assembly instructed its Intergovernmental Committee (IGC) to develop an international instrument to protect genetic resources, traditional knowledge and traditional cultural expressions; |
| --- | --- |

Q.

whereas in 2009, the WIPO General Assembly instructed its Intergovernmental Committee (IGC) to develop an international instrument to protect genetic resources, traditional knowledge and traditional cultural expressions;

I.   
  Genetic diversity and the MDGs

| 1. | Recalls the direct link between the protection of biodiversity and the achievement of the MDGs, in particular MDG 1 focused on the eradication of extreme poverty and hunger; stresses the importance of healthy biodiversity and ecosystems for agriculture, forestry and fisheries within a sustainable development perspective; |
| --- | --- |

1.

Recalls the direct link between the protection of biodiversity and the achievement of the MDGs, in particular MDG 1 focused on the eradication of extreme poverty and hunger; stresses the importance of healthy biodiversity and ecosystems for agriculture, forestry and fisheries within a sustainable development perspective;

| 2. | Stresses that the CBD differs remarkably from other international environmental treaties in that it gives an explicit and prominent role to the questions of fairness, equity and justice in the conservation and use of biodiversity; |
| --- | --- |

2.

Stresses that the CBD differs remarkably from other international environmental treaties in that it gives an explicit and prominent role to the questions of fairness, equity and justice in the conservation and use of biodiversity;

| 3. | Underlines the fact that, although there is no generally acceptable definition of the term ‘biopiracy’, it may refer to misappropriating and/or illicitly benefiting commercially from the use of traditional knowledge and genetic resources and stresses that further work must be carried out in order to clarify and consolidate the legal terminology, in particular with a view to a definition of the term ‘biopiracy’ based on authoritative figures; |
| --- | --- |

3.

Underlines the fact that, although there is no generally acceptable definition of the term ‘biopiracy’, it may refer to misappropriating and/or illicitly benefiting commercially from the use of traditional knowledge and genetic resources and stresses that further work must be carried out in order to clarify and consolidate the legal terminology, in particular with a view to a definition of the term ‘biopiracy’ based on authoritative figures;

| 4. | Stresses the challenges that intellectual property rights (IPR) over genetic resources and traditional knowledge raise in developing countries in terms of access to medicine, production of generic drugs and farmers’ access to seeds; stresses, accordingly, that EU trade policy related to IPR must be consistent with the objective of Policy Coherence for Development as enshrined in the EU Treaty; |
| --- | --- |

4.

Stresses the challenges that intellectual property rights (IPR) over genetic resources and traditional knowledge raise in developing countries in terms of access to medicine, production of generic drugs and farmers’ access to seeds; stresses, accordingly, that EU trade policy related to IPR must be consistent with the objective of Policy Coherence for Development as enshrined in the EU Treaty;

| 5. | Recalls that the CBD and the Nagoya Protocol constitute the main framework for governance of access and benefit sharing (ABS); notes that governance related to IPRs, genetic resources and poverty alleviation also concern the WTO, FAO, WHO and WIPO, thereby raising challenges in terms of ensuring a coherent approach in their support of the CBD regime; insists that these international institutions should be supportive of and not run counter to the CDB regime; |
| --- | --- |

5.

Recalls that the CBD and the Nagoya Protocol constitute the main framework for governance of access and benefit sharing (ABS); notes that governance related to IPRs, genetic resources and poverty alleviation also concern the WTO, FAO, WHO and WIPO, thereby raising challenges in terms of ensuring a coherent approach in their support of the CBD regime; insists that these international institutions should be supportive of and not run counter to the CDB regime;

| 6. | Reiterates its respect for the milestones achieved in the international protection of indigenous peoples’ rights over their genetic and other resources and associated traditional knowledge, enshrined in the UN Declaration on the Rights of Indigenous Peoples, in the ILO Convention No 169, in Article 8(j) of the CBD and in the Nagoya Protocol; expresses its concern at the genetic erosion occurring as a consequence of the almost exclusive dominance on the market of industrially produced seeds, i.e. seeds protected by intellectual property rights, to the detriment of traditional seed varieties; |
| --- | --- |

6.

Reiterates its respect for the milestones achieved in the international protection of indigenous peoples’ rights over their genetic and other resources and associated traditional knowledge, enshrined in the UN Declaration on the Rights of Indigenous Peoples, in the ILO Convention No 169, in Article 8(j) of the CBD and in the Nagoya Protocol; expresses its concern at the genetic erosion occurring as a consequence of the almost exclusive dominance on the market of industrially produced seeds, i.e. seeds protected by intellectual property rights, to the detriment of traditional seed varieties;

Agriculture and health

| 7. | Recalls the need for a wide range of Genetic Resources for Food and Agriculture (GRFA) to ensure better ecosystem service provision; emphasises that the use of GRFA is crucial to food security, agricultural and environmental sustainability and facing climate change; |
| --- | --- |

7.

Recalls the need for a wide range of Genetic Resources for Food and Agriculture (GRFA) to ensure better ecosystem service provision; emphasises that the use of GRFA is crucial to food security, agricultural and environmental sustainability and facing climate change;

| 8. | Highlights the fact that the achievement of MDG 1 depends, among other things, on how we manage agricultural ecosystems; stresses, in this context, that while reducing the negative impact that agriculture may have on the environment requires a wide range of crop genetic diversity to ensure better ecosystem service provision, crop diversity enables specifically poor and small-holder farmers to diversify their diets and incomes; stresses equally that crop genetic diversity confers resilience regarding climate change; |
| --- | --- |

8.

Highlights the fact that the achievement of MDG 1 depends, among other things, on how we manage agricultural ecosystems; stresses, in this context, that while reducing the negative impact that agriculture may have on the environment requires a wide range of crop genetic diversity to ensure better ecosystem service provision, crop diversity enables specifically poor and small-holder farmers to diversify their diets and incomes; stresses equally that crop genetic diversity confers resilience regarding climate change;

| 9. | Recalls that the wild varieties of cultivated plants which are important for the food security of EU Member States are largely found in developing countries; urges the EU, within the remit of the UPOV Convention, to refrain from supporting the introduction of legislation that may create obstacles to the reliance of farmers on harvested seeds, as this would violate the right to food in developing countries; |
| --- | --- |

9.

Recalls that the wild varieties of cultivated plants which are important for the food security of EU Member States are largely found in developing countries; urges the EU, within the remit of the UPOV Convention, to refrain from supporting the introduction of legislation that may create obstacles to the reliance of farmers on harvested seeds, as this would violate the right to food in developing countries;

| 10. | Recalls that the ‘farmers’ exception’, under the UPOV Convention, is especially important for developing countries as it allows farmers to save seeds deriving from new varieties and to re-sow them for usual food purposes (thereby enhancing food security); regrets however that, while it is in the interest of developing countries to keep and extend exemptions from plant breeders’ rights, farmers’ rights have become weakened in consecutive reforms of the UPOV Convention; |
| --- | --- |

10.

Recalls that the ‘farmers’ exception’, under the UPOV Convention, is especially important for developing countries as it allows farmers to save seeds deriving from new varieties and to re-sow them for usual food purposes (thereby enhancing food security); regrets however that, while it is in the interest of developing countries to keep and extend exemptions from plant breeders’ rights, farmers’ rights have become weakened in consecutive reforms of the UPOV Convention;

| 11. | Notes that the FAO is taking a leading role in developing specialised ABS regimes relevant to food and agriculture; calls on the EU to support developing countries’ requests to ensuring appropriate BS in any new sectoral mechanisms/instruments under the FAO as well as ensuring consistency with and enhancing synergy with the CDB and its Nagoya Protocol; |
| --- | --- |

11.

Notes that the FAO is taking a leading role in developing specialised ABS regimes relevant to food and agriculture; calls on the EU to support developing countries’ requests to ensuring appropriate BS in any new sectoral mechanisms/instruments under the FAO as well as ensuring consistency with and enhancing synergy with the CDB and its Nagoya Protocol;

| 12. | Recalls that GRs, inter alia in the form of herbal medicine, contribute significantly to pharmaceutical R&D and access to medicine; reasserts that IPRs should not hinder access to affordable medicines, especially where such IPRs rely on GRs that originate from developing countries; |
| --- | --- |

12.

Recalls that GRs, inter alia in the form of herbal medicine, contribute significantly to pharmaceutical R&D and access to medicine; reasserts that IPRs should not hinder access to affordable medicines, especially where such IPRs rely on GRs that originate from developing countries;

| 13. | Calls on the EU to refrain from pushing developing countries, especially LDCs, through bilateral agreements to accept far-reaching IP standards regarding e.g. seeds and medicines, in line with the EU’s Policy Coherence for Development (PCD); |
| --- | --- |

13.

Calls on the EU to refrain from pushing developing countries, especially LDCs, through bilateral agreements to accept far-reaching IP standards regarding e.g. seeds and medicines, in line with the EU’s Policy Coherence for Development (PCD);

| 14. | Stresses that fighting biopiracy entails the implementation and upgrading of the existing arrangements for multilateral access and benefit sharing in the areas of agriculture and health, such as the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGR) — e.g. by considering new ways to raise resources for the Benefit-Sharing Fund — or the WHO’s Intergovernmental Meeting on Pandemic Influenza Preparedness; |
| --- | --- |

14.

Stresses that fighting biopiracy entails the implementation and upgrading of the existing arrangements for multilateral access and benefit sharing in the areas of agriculture and health, such as the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGR) — e.g. by considering new ways to raise resources for the Benefit-Sharing Fund — or the WHO’s Intergovernmental Meeting on Pandemic Influenza Preparedness;

| 15. | Takes the view that future bilateral and multilateral agreements aiming at harmonisation, and in particular those concerning the scope of exceptions and limitations to patent rights, will require careful scrutiny from a development perspective, with a view to achieving global equity for public health in the spirit of the implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement, safeguarding local knowledge and, in relation to plant breeders’ rights, securing access to seeds; |
| --- | --- |

15.

Takes the view that future bilateral and multilateral agreements aiming at harmonisation, and in particular those concerning the scope of exceptions and limitations to patent rights, will require careful scrutiny from a development perspective, with a view to achieving global equity for public health in the spirit of the implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement, safeguarding local knowledge and, in relation to plant breeders’ rights, securing access to seeds;

II.   
  Rights of indigenous and local communities over traditional knowledge

| 16. | Notes that traditional knowledge designates knowledge possessed by specific indigenous and local communities and shared by many segments of the society of a particular region or country; points out that traditional knowledge includes ’intangible values’ and that the maintenance of the cultural heritage is in fact of primary importance in all its expressions, including social, religious, cultural and landscape values; |
| --- | --- |

16.

Notes that traditional knowledge designates knowledge possessed by specific indigenous and local communities and shared by many segments of the society of a particular region or country; points out that traditional knowledge includes ’intangible values’ and that the maintenance of the cultural heritage is in fact of primary importance in all its expressions, including social, religious, cultural and landscape values;

| 17. | Points out that three quarters of the world's population depends on natural traditional medicine from plants; believes accordingly that biopiracy means there is a strong case for protecting traditional knowledge, particularly when it is associated with genetic resources of economic value to industry; |
| --- | --- |

17.

Points out that three quarters of the world's population depends on natural traditional medicine from plants; believes accordingly that biopiracy means there is a strong case for protecting traditional knowledge, particularly when it is associated with genetic resources of economic value to industry;

| 18. | Highlights the danger of assessing traditional knowledge only from a mercantile point of view; points out that the existing IPR framework does not fit such a heterogeneous group as traditional knowledge holders; stresses, therefore, the need to define a sui generis international IPR regime that preserves the diversity of interest of local communities and reflects customary law etc.; |
| --- | --- |

18.

Highlights the danger of assessing traditional knowledge only from a mercantile point of view; points out that the existing IPR framework does not fit such a heterogeneous group as traditional knowledge holders; stresses, therefore, the need to define a sui generis international IPR regime that preserves the diversity of interest of local communities and reflects customary law etc.;

| 19. | Notes with concern that the difficulties faced by TK holders include monitoring and enforcement, i.e. learning that violations have taken place and obtaining timely remedies; regrets in this context that traditional knowledge associated with genetic resources is not covered by any of the Nagoya Protocol’s monitoring measures, given that there is no obligation to disclose to the ‘checkpoint’ information on the TK used, while the internationally recognised certificate of compliance does not cover TK associated with GR, which limits the possibility of tracing biopiracy related to such TK; takes the view that the EU should grant traditional knowledge at least the same level of protection as genetic resources when implementing the Nagoya Protocol; |
| --- | --- |

19.

Notes with concern that the difficulties faced by TK holders include monitoring and enforcement, i.e. learning that violations have taken place and obtaining timely remedies; regrets in this context that traditional knowledge associated with genetic resources is not covered by any of the Nagoya Protocol’s monitoring measures, given that there is no obligation to disclose to the ‘checkpoint’ information on the TK used, while the internationally recognised certificate of compliance does not cover TK associated with GR, which limits the possibility of tracing biopiracy related to such TK; takes the view that the EU should grant traditional knowledge at least the same level of protection as genetic resources when implementing the Nagoya Protocol;

| 20. | Stresses that regulations laid down to protect GRs and their associated TK must comply with international commitments on promotion of and respect for the rights of indigenous peoples, as enshrined in the 2007 UN Declaration on the Rights of Indigenous Peoples (UNDRIP) and the 1989 ILO Convention on Indigenous and Tribal Peoples (No 169); |
| --- | --- |

20.

Stresses that regulations laid down to protect GRs and their associated TK must comply with international commitments on promotion of and respect for the rights of indigenous peoples, as enshrined in the 2007 UN Declaration on the Rights of Indigenous Peoples (UNDRIP) and the 1989 ILO Convention on Indigenous and Tribal Peoples (No 169);

| 21. | Recognises the potential role of the intellectual property and patent system in promoting innovation, transfer and dissemination of technology to the mutual advantage of stakeholders, providers, holders and users of genetic resources, their derivatives, and of associated traditional knowledge in a manner conducive to welfare and development, while emphasising the necessity of preventing the adverse effects of the IPR and patent system on indigenous peoples’ and local communities’ application of traditional knowledge, their laws, practices and knowledge system and their ability to use, develop, create and protect their knowledge in relation to genetic resources; points out that, under certain circumstances, contracts between the parties may be identified by indigenous peoples or local communities as a more feasible solution to share benefits and to protect their interests while preserving the environment and preventing social and economic harm, e.g. by means of safeguard clauses; |
| --- | --- |

21.

Recognises the potential role of the intellectual property and patent system in promoting innovation, transfer and dissemination of technology to the mutual advantage of stakeholders, providers, holders and users of genetic resources, their derivatives, and of associated traditional knowledge in a manner conducive to welfare and development, while emphasising the necessity of preventing the adverse effects of the IPR and patent system on indigenous peoples’ and local communities’ application of traditional knowledge, their laws, practices and knowledge system and their ability to use, develop, create and protect their knowledge in relation to genetic resources; points out that, under certain circumstances, contracts between the parties may be identified by indigenous peoples or local communities as a more feasible solution to share benefits and to protect their interests while preserving the environment and preventing social and economic harm, e.g. by means of safeguard clauses;

III.   
  Addressing biopiracy — the way forward

| 22. | Points out that biopiracy can be attributed to the lack of national regulations and enforcement mechanisms in developing countries and the lack of a compliance mechanism in developed countries, ensuring that GRs have been acquired in accordance with PIC and MAT in compliance with provider countries' national ABS legislation; welcomes, in this context, the draft regulation submitted by the Commission whose objective is to implement the Nagoya Protocol on Access to Genetic Resources and Benefit-Sharing; insists equally upon the importance to provide effective recourse mechanisms in case of disputes and access to justice; |
| --- | --- |

22.

Points out that biopiracy can be attributed to the lack of national regulations and enforcement mechanisms in developing countries and the lack of a compliance mechanism in developed countries, ensuring that GRs have been acquired in accordance with PIC and MAT in compliance with provider countries' national ABS legislation; welcomes, in this context, the draft regulation submitted by the Commission whose objective is to implement the Nagoya Protocol on Access to Genetic Resources and Benefit-Sharing; insists equally upon the importance to provide effective recourse mechanisms in case of disputes and access to justice;

| 23. | Recalls that effective implementation of the Protocol depends on actions to be taken both in developing and developed countries; notes that the elaboration of ABS legislation in developing countries is a precondition for the obligation of user countries to comply with Prior Informed Consent (PIC) requirements; points out, however, that this request poses a real challenge for them as it requires substantial legal and institutional capacity building; |
| --- | --- |

23.

Recalls that effective implementation of the Protocol depends on actions to be taken both in developing and developed countries; notes that the elaboration of ABS legislation in developing countries is a precondition for the obligation of user countries to comply with Prior Informed Consent (PIC) requirements; points out, however, that this request poses a real challenge for them as it requires substantial legal and institutional capacity building;

| 24. | Stresses that the CBD’s objectives will only be attained if fair and equitable sharing of benefits is granted; urges the EU and its Member States to call for swift ratification of the Nagoya Protocol in order to combat biopiracy and enhance fairness and equity in the exchange of genetic resources; stresses the role of EU development cooperation in providing developing countries with assistance for legal and institutional capacity building on access and benefit sharing issues; believes that support should be given to developing countries in building up databases of TK and understanding patent application systems; |
| --- | --- |

24.

Stresses that the CBD’s objectives will only be attained if fair and equitable sharing of benefits is granted; urges the EU and its Member States to call for swift ratification of the Nagoya Protocol in order to combat biopiracy and enhance fairness and equity in the exchange of genetic resources; stresses the role of EU development cooperation in providing developing countries with assistance for legal and institutional capacity building on access and benefit sharing issues; believes that support should be given to developing countries in building up databases of TK and understanding patent application systems;

| 25. | Reiterates that, against the background of its resolution of 10 May 2012 on the patenting of essential biological processes (3), excessively broad patent protection in the area of breeding can hamper innovation and progress, to the detriment of small and medium-sized breeders, by blocking access to genetic resources; |
| --- | --- |

25.

Reiterates that, against the background of its resolution of 10 May 2012 on the patenting of essential biological processes (3), excessively broad patent protection in the area of breeding can hamper innovation and progress, to the detriment of small and medium-sized breeders, by blocking access to genetic resources;

Improving database and disclosure requirements related to genetic resources and traditional knowledge

| 26. | Draws attention to the proposal made by developing countries for a binding regulation requiring patent applicants to (a) disclose the source and origin of genetic resources and associated traditional knowledge (ATK) used in inventions, (b) provide evidence of prior informed consent (PIC) from competent authorities in the provider country and (c) provide evidence of fair end equitable benefit sharing, to be certified in an international certificate of origin; |
| --- | --- |

26.

Draws attention to the proposal made by developing countries for a binding regulation requiring patent applicants to (a) disclose the source and origin of genetic resources and associated traditional knowledge (ATK) used in inventions, (b) provide evidence of prior informed consent (PIC) from competent authorities in the provider country and (c) provide evidence of fair end equitable benefit sharing, to be certified in an international certificate of origin;

| 27. | Regrets the lack of clear statistics on biopiracy and misappropriation, and calls for more EU research and disclosure of information in this field to remedy this situation; stresses also that better data is needed on the number and content of ABS contracts; considers that this could be gathered by setting up a notification and database system through the CBD Clearing-House Mechanism; |
| --- | --- |

27.

Regrets the lack of clear statistics on biopiracy and misappropriation, and calls for more EU research and disclosure of information in this field to remedy this situation; stresses also that better data is needed on the number and content of ABS contracts; considers that this could be gathered by setting up a notification and database system through the CBD Clearing-House Mechanism;

| 28. | Believes that a binding instrument is the surest way to see biodiversity-related measures in the IPR system implemented by user countries; urges that steps be taken to make the granting of patents dependent on compliance with a mandatory requirement to disclose the origin of any GR/TK in patent applications; stresses that such disclosure should include proof that the GR/TK in question has been acquired in accordance with applicable rules (i.e. prior informed consent and mutually agreed terms); |
| --- | --- |

28.

Believes that a binding instrument is the surest way to see biodiversity-related measures in the IPR system implemented by user countries; urges that steps be taken to make the granting of patents dependent on compliance with a mandatory requirement to disclose the origin of any GR/TK in patent applications; stresses that such disclosure should include proof that the GR/TK in question has been acquired in accordance with applicable rules (i.e. prior informed consent and mutually agreed terms);

| 29. | Stresses that an international instrument comprising disclosure requirements and databases for genetic resources protection is not a substitute for an effective access and benefit sharing mechanism at the national level; |
| --- | --- |

29.

Stresses that an international instrument comprising disclosure requirements and databases for genetic resources protection is not a substitute for an effective access and benefit sharing mechanism at the national level;

| 30. | Takes the view that direct notification by users of companies using genetic resources or associated traditional knowledge, utilisation of certificates compliance and exploration of litigation options within and outside the national jurisdiction, can also effectively contribute to curb potential biopiracy cases; |
| --- | --- |

30.

Takes the view that direct notification by users of companies using genetic resources or associated traditional knowledge, utilisation of certificates compliance and exploration of litigation options within and outside the national jurisdiction, can also effectively contribute to curb potential biopiracy cases;

| 31. | Considers that a clear and coherent system of intellectual property rights would contribute to the creation of knowledge and its dissemination to developing countries, to the benefit of local entrepreneurship, research, education and poverty alleviation; |
| --- | --- |

31.

Considers that a clear and coherent system of intellectual property rights would contribute to the creation of knowledge and its dissemination to developing countries, to the benefit of local entrepreneurship, research, education and poverty alleviation;

Working towards a coherent global governance system

| 32. | Insists that WTO-TRIPS should be compatible with the CBD-Nagoya Protocol, and therefore considers it crucial to establish mandatory requirements on disclosing the origin of genetic resources during patent proceedings, and thus to make it possible to check whether they were acquired legally in accordance with PIC and MAT; |
| --- | --- |

32.

Insists that WTO-TRIPS should be compatible with the CBD-Nagoya Protocol, and therefore considers it crucial to establish mandatory requirements on disclosing the origin of genetic resources during patent proceedings, and thus to make it possible to check whether they were acquired legally in accordance with PIC and MAT;

| 33. | Stresses that such requirements could be introduced via an amendment of the WTO-TRIPS Agreement or under WIPO, within the context of the ongoing discussions on the setting-up of (a) new international legal instrument(s) for the effective protection of genetic resources, traditional knowledge, and traditional cultural expressions; calls on the EU, in particular, to support, in line with PCD, the request of developing countries to amend the WTO-TRIPS Agreement by inserting a new Article 29 bis on Disclosure of Origin of Genetic Resources and/or Associated Traditional Knowledge in accordance with the Nagoya Protocol; welcomes, as a first step, the fact that the EU proposal for a regulation on access to genetic resources and benefit sharing provides for a mandatory requirement to disclose the origin of any genetic resources and associated traditional knowledge; |
| --- | --- |

33.

Stresses that such requirements could be introduced via an amendment of the WTO-TRIPS Agreement or under WIPO, within the context of the ongoing discussions on the setting-up of (a) new international legal instrument(s) for the effective protection of genetic resources, traditional knowledge, and traditional cultural expressions; calls on the EU, in particular, to support, in line with PCD, the request of developing countries to amend the WTO-TRIPS Agreement by inserting a new Article 29 bis on Disclosure of Origin of Genetic Resources and/or Associated Traditional Knowledge in accordance with the Nagoya Protocol; welcomes, as a first step, the fact that the EU proposal for a regulation on access to genetic resources and benefit sharing provides for a mandatory requirement to disclose the origin of any genetic resources and associated traditional knowledge;

| 34. | Calls on the Commission to instruct its negotiators in the WIPO IGC and the TRIPS review to consider the Nagoya Protocol as their point of departure and to focus in the negotiations on bringing in line the legal framework of the CBD (4) and its Nagoya Protocol, WIPO, TRIPS, the ITPGRFA (5) and UPOV (6), as well as UNCLOS (7) with regard to maritime genetic resources; notes that the TRIPS agreement transitionally excludes Least Developed Countries (8); stresses that this approach must be preserved with regard to any revisions that may result from the CBD-Nagoya process; |
| --- | --- |

34.

Calls on the Commission to instruct its negotiators in the WIPO IGC and the TRIPS review to consider the Nagoya Protocol as their point of departure and to focus in the negotiations on bringing in line the legal framework of the CBD (4) and its Nagoya Protocol, WIPO, TRIPS, the ITPGRFA (5) and UPOV (6), as well as UNCLOS (7) with regard to maritime genetic resources; notes that the TRIPS agreement transitionally excludes Least Developed Countries (8); stresses that this approach must be preserved with regard to any revisions that may result from the CBD-Nagoya process;

| 35. | Welcomes initiatives providing an alternative option to strictly trade-based bodies, such as the Global Biodiversity Information Facility (GBIF), which promotes free and open access to biodiversity data through global cooperation between different governments, organisations and other international stakeholders; |
| --- | --- |

35.

Welcomes initiatives providing an alternative option to strictly trade-based bodies, such as the Global Biodiversity Information Facility (GBIF), which promotes free and open access to biodiversity data through global cooperation between different governments, organisations and other international stakeholders;

| 36. | Notes the work of the World Intellectual Property Organisation (WIPO) Intergovernmental Committee on Intellectual Property and Genetic Resources, and encourages similar measures to be taken and consistent definitions to be used at EU level; |
| --- | --- |

36.

Notes the work of the World Intellectual Property Organisation (WIPO) Intergovernmental Committee on Intellectual Property and Genetic Resources, and encourages similar measures to be taken and consistent definitions to be used at EU level;

o

o o

| 37. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

37.

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

---

(1)  OJ L 213, 30.7.1998, p. 13.

(2)  OJ C 371 E, 20.12.2011, p. 14.

(3)  Texts adopted, P7_TA(2012)0202.

(4)  Convention on Biological Diversity.

(5)  International Treaty on Plant Genetic Resources for Food and Agriculture.

(6)  International Union for the Protection of New Varieties of Plants.

(7)  United Nations Convention on the Law of the Sea.

(8)

Art. 66.1, TRIPS; Decision of the Council for TRIPS of 29 November 2005.

---

Wednesday 16 January 2013

| 30.12.2015 | EN | Official Journal of the European Union | C 440/62 |
| --- | --- | --- | --- |

30.12.2015

EN

Official Journal of the European Union

C 440/62

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P7_TA(2013)0011

Public finances in EMU — 2011 and 2012

European Parliament resolution of 16 January 2013 on Public Finances in EMU — 2011 and 2012 (2011/2274(INI))

(2015/C 440/08)

The European Parliament,

| — | having regard to the Commission’s 2011 report on public finances in EMU (1), |
| --- | --- |

—

having regard to the Commission’s 2011 report on public finances in EMU (1),

| — | having regard to the Commission’s 2012 report on public finances in EMU (2), |
| --- | --- |

—

having regard to the Commission’s 2012 report on public finances in EMU (2),

| — | having regard to the Treaty on the Functioning of the European Union, and in particular Article 136 in combination with Article 121(2) thereof, |
| --- | --- |

—

having regard to the Treaty on the Functioning of the European Union, and in particular Article 136 in combination with Article 121(2) thereof,

| — | having regard to Regulation (EU) No 1175/2011 of the European Parliament and of the Council of 16 November 2011 amending Council Regulation (EC) No 1466/97 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies (3), |
| --- | --- |

—

having regard to Regulation (EU) No 1175/2011 of the European Parliament and of the Council of 16 November 2011 amending Council Regulation (EC) No 1466/97 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies (3),

| — | having regard to Council Directive 2011/85/EU of 8 November 2011 on requirements for budgetary frameworks of the Member States (4), |
| --- | --- |

—

having regard to Council Directive 2011/85/EU of 8 November 2011 on requirements for budgetary frameworks of the Member States (4),

| — | having regard to Regulation (EU) No 1174/2011 of the European Parliament and of the Council of 16 November 2011 on enforcement measures to correct excessive macroeconomic imbalances in the euro area (5), |
| --- | --- |

—

having regard to Regulation (EU) No 1174/2011 of the European Parliament and of the Council of 16 November 2011 on enforcement measures to correct excessive macroeconomic imbalances in the euro area (5),

| — | having regard to Council Regulation (EU) No 1177/2011 of 8 November 2011 amending Regulation (EC) No 1467/97 on speeding up and clarifying the implementation of the excessive deficit procedure (6), |
| --- | --- |

—

having regard to Council Regulation (EU) No 1177/2011 of 8 November 2011 amending Regulation (EC) No 1467/97 on speeding up and clarifying the implementation of the excessive deficit procedure (6),

| — | having regard to Regulation (EU) No 1176/2011 of the European Parliament and of the Council of 16 November 2011 on the prevention and correction of macroeconomic imbalances (7), |
| --- | --- |

—

having regard to Regulation (EU) No 1176/2011 of the European Parliament and of the Council of 16 November 2011 on the prevention and correction of macroeconomic imbalances (7),

| — | having regard to Regulation (EU) No 1173/2011 of the European Parliament and of the Council of 16 November 2011 on the effective enforcement of budgetary surveillance in the euro area (8), |
| --- | --- |

—

having regard to Regulation (EU) No 1173/2011 of the European Parliament and of the Council of 16 November 2011 on the effective enforcement of budgetary surveillance in the euro area (8),

| — | having regard to Annex I to the European Council Conclusions of 24—25 March 2011 entitled ‘The Euro Plus Pact: Stronger economic policy coordination for competitiveness and convergence’ (9), |
| --- | --- |

—

having regard to Annex I to the European Council Conclusions of 24—25 March 2011 entitled ‘The Euro Plus Pact: Stronger economic policy coordination for competitiveness and convergence’ (9),

| — | having regards to the Conclusions of the European Council of 28—29 June 2012, and in particular its annex ‘Compact for growth and jobs’, |
| --- | --- |

—

having regards to the Conclusions of the European Council of 28—29 June 2012, and in particular its annex ‘Compact for growth and jobs’,

| — | having regard to the Communication from the Commission of 23 November 2011 on the Annual Growth Survey 2012 (COM(2011)0815), |
| --- | --- |

—

having regard to the Communication from the Commission of 23 November 2011 on the Annual Growth Survey 2012 (COM(2011)0815),

| — | having regard to its resolution of 15 December 2011 on the Scoreboard for the surveillance of macroeconomic imbalances: envisaged initial design (10), |
| --- | --- |

—

having regard to its resolution of 15 December 2011 on the Scoreboard for the surveillance of macroeconomic imbalances: envisaged initial design (10),

| — | having regard to its resolution of 15 February 2012 on the contribution to the Annual Growth Survey 2012 (11), |
| --- | --- |

—

having regard to its resolution of 15 February 2012 on the contribution to the Annual Growth Survey 2012 (11),

| — | having regard to the IMF ‘World Economic Outlook’ of October 2012, |
| --- | --- |

—

having regard to the IMF ‘World Economic Outlook’ of October 2012,

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

—

having regard to Rule 48 of its Rules of Procedure,

| — | having regard to the report of the Committee on Economic and Monetary Affairs (A7-0425/2012), |
| --- | --- |

—

having regard to the report of the Committee on Economic and Monetary Affairs (A7-0425/2012),

| A. | whereas the economic, financial and banking crisis has not abated and has demonstrated that public finances issues negatively affect socio-economic development and political stability; |
| --- | --- |

A.

whereas the economic, financial and banking crisis has not abated and has demonstrated that public finances issues negatively affect socio-economic development and political stability;

| B. | whereas the government debt-to-GDP ratio in the eurozone rose from 86,2 % in the first quarter of 2011 to 88,2 % in the first quarter of 2012; |
| --- | --- |

B.

whereas the government debt-to-GDP ratio in the eurozone rose from 86,2 % in the first quarter of 2011 to 88,2 % in the first quarter of 2012;

| C. | whereas the recent reforms of the economic and budgetary governance framework of the European Union cannot alone solve the crisis; whereas a comprehensive action is required for addressing excessive macro-financial imbalances in a symmetric manner and for increasing the level of overall socio-economic convergence and solidarity within the Economic and Monetary Union (EMU); |
| --- | --- |

C.

whereas the recent reforms of the economic and budgetary governance framework of the European Union cannot alone solve the crisis; whereas a comprehensive action is required for addressing excessive macro-financial imbalances in a symmetric manner and for increasing the level of overall socio-economic convergence and solidarity within the Economic and Monetary Union (EMU);

| D. | whereas credible commitments to growth-friendly consolidation measures are a prerequisite for any sustainable solution of the excessive debt and deficit situation of most of the eurozone Member States; |
| --- | --- |

D.

whereas credible commitments to growth-friendly consolidation measures are a prerequisite for any sustainable solution of the excessive debt and deficit situation of most of the eurozone Member States;

| E. | whereas significant steps have been taken in EU countries to consolidate public finances, but many challenges still remain when it comes to improving the situation; whereas the current severe economic downturn is a matter of concern as it threatens the substantial efforts made by the Member States regarding their budgetary consolidation strategies; |
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E.

whereas significant steps have been taken in EU countries to consolidate public finances, but many challenges still remain when it comes to improving the situation; whereas the current severe economic downturn is a matter of concern as it threatens the substantial efforts made by the Member States regarding their budgetary consolidation strategies;

| F. | whereas the Member States are not all in the same situation, and it is therefore necessary to implement sustainable growth-friendly strategies that are differentiated in line with the country-specific recommendations adopted by the Council and that reflect the country-specific fiscal and macro-financial risks as well as economic and social conditions; |
| --- | --- |

F.

whereas the Member States are not all in the same situation, and it is therefore necessary to implement sustainable growth-friendly strategies that are differentiated in line with the country-specific recommendations adopted by the Council and that reflect the country-specific fiscal and macro-financial risks as well as economic and social conditions;

| G. | whereas the latest country specific recommendations focused disproportionately on the need to reduce wages and social security expenditure and to reform public pension frameworks; whereas their specific recommendations regarding other domains such as taxes on capital gains, consumption, real estate and polluting activities are, for the most part, given far too little weight; |
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G.

whereas the latest country specific recommendations focused disproportionately on the need to reduce wages and social security expenditure and to reform public pension frameworks; whereas their specific recommendations regarding other domains such as taxes on capital gains, consumption, real estate and polluting activities are, for the most part, given far too little weight;

| H. | whereas, in particular, Member States benefiting from financial assistance programmes and those under close market scrutiny should implement credible long-term budgetary consolidation strategies; whereas negative spill-over effects across the EMU need urgently to be addressed so as to rebalance and calibrate the efforts required by all Member States to overcome the crisis; |
| --- | --- |

H.

whereas, in particular, Member States benefiting from financial assistance programmes and those under close market scrutiny should implement credible long-term budgetary consolidation strategies; whereas negative spill-over effects across the EMU need urgently to be addressed so as to rebalance and calibrate the efforts required by all Member States to overcome the crisis;

| I. | whereas democracies require intensive public scrutiny of all layers of decision-making bodies in charge of the economy and the relevant policies, as well as accountability and legitimacy mechanisms; |
| --- | --- |

I.

whereas democracies require intensive public scrutiny of all layers of decision-making bodies in charge of the economy and the relevant policies, as well as accountability and legitimacy mechanisms;

| 1. | Welcomes the projected improvement of the fiscal positions of EU Member States and the efforts they have made to reach their fiscal targets; deplores the foreseen protraction of the cyclical slow-down underway; points out that the current severe economic downturn is a matter of concern as it threatens the substantial efforts made by the Member States to consolidate their budgets; |
| --- | --- |

1.

Welcomes the projected improvement of the fiscal positions of EU Member States and the efforts they have made to reach their fiscal targets; deplores the foreseen protraction of the cyclical slow-down underway; points out that the current severe economic downturn is a matter of concern as it threatens the substantial efforts made by the Member States to consolidate their budgets;

| 2. | Considers that credible long-term strategies for budgetary consolidation remain a necessity, given the high level of public and private debt, and the budget deficits, in some Member States, and the difficulty they face in returning their public finances to a sustainable path, provoking strong pressures from financial markets; recalls that overall public deficits have hitherto been reduced thanks to strong consolidation efforts; notes that the Commission now foresees negative GDP growth for the EMU overall in 2013 and deteriorating fiscal balances in seven EMU Member States in 2013 or 2014; believes, therefore, that the continued need for intense fiscal adjustment needs to be balanced between strengthening sustainable growth, economic development as well as social protection; |
| --- | --- |

2.

Considers that credible long-term strategies for budgetary consolidation remain a necessity, given the high level of public and private debt, and the budget deficits, in some Member States, and the difficulty they face in returning their public finances to a sustainable path, provoking strong pressures from financial markets; recalls that overall public deficits have hitherto been reduced thanks to strong consolidation efforts; notes that the Commission now foresees negative GDP growth for the EMU overall in 2013 and deteriorating fiscal balances in seven EMU Member States in 2013 or 2014; believes, therefore, that the continued need for intense fiscal adjustment needs to be balanced between strengthening sustainable growth, economic development as well as social protection;

| 3. | Is deeply concerned that, despite the reform and consolidation efforts of Member States, eurozone sovereign bond markets remain in distress, as reflected in high spreads and interest rate volatility; notes that the immediate trigger and root cause were the financial markets’ concerns about the solidity of public and private sector finances in some eurozone countries; |
| --- | --- |

3.

Is deeply concerned that, despite the reform and consolidation efforts of Member States, eurozone sovereign bond markets remain in distress, as reflected in high spreads and interest rate volatility; notes that the immediate trigger and root cause were the financial markets’ concerns about the solidity of public and private sector finances in some eurozone countries;

| 4. | Believes that the efforts towards improved coordination and fiscal consolidation will not bring the expected results if macroeconomic imbalances between Member States, and their consequences for the recovery process, are not addressed; |
| --- | --- |

4.

Believes that the efforts towards improved coordination and fiscal consolidation will not bring the expected results if macroeconomic imbalances between Member States, and their consequences for the recovery process, are not addressed;

| 5. | Underlines that the long-term sustainability of public and private finances is an essential condition for growth and for maintaining appropriate levels of public expenditure, including investments; stresses that a high level of debt generates adverse effects — on health care, pensions, employment and equity among generations — as well as weak growth; |
| --- | --- |

5.

Underlines that the long-term sustainability of public and private finances is an essential condition for growth and for maintaining appropriate levels of public expenditure, including investments; stresses that a high level of debt generates adverse effects — on health care, pensions, employment and equity among generations — as well as weak growth;

| 6. | Stresses that the high level of youth unemployment will damage economic growth in future too, and that Member States should therefore already now adopt concrete measures to reduce it; |
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6.

Stresses that the high level of youth unemployment will damage economic growth in future too, and that Member States should therefore already now adopt concrete measures to reduce it;

| 7. | Encourages the Member States to follow the recommendations adopted by the Council on a recommendation by the Commission in line with the rules set by the Stability and Growth Pact, as modified by the ‘six-pack’ on economic governance’ in order to implement fiscal consolidation in a stronger, credible, timely and differentiated manner, taking into account country-specific circumstances; encourages the Council to revise these recommendations as necessary to take due account the macroeconomic environment; |
| --- | --- |

7.

Encourages the Member States to follow the recommendations adopted by the Council on a recommendation by the Commission in line with the rules set by the Stability and Growth Pact, as modified by the ‘six-pack’ on economic governance’ in order to implement fiscal consolidation in a stronger, credible, timely and differentiated manner, taking into account country-specific circumstances; encourages the Council to revise these recommendations as necessary to take due account the macroeconomic environment;

| 8. | Invites the Member States to facilitate an agreement with Parliament with a view to adopting the ‘two-pack’ as soon as possible and no later than by the end of the year; |
| --- | --- |

8.

Invites the Member States to facilitate an agreement with Parliament with a view to adopting the ‘two-pack’ as soon as possible and no later than by the end of the year;

| 9. | Encourages the Commission to give both negative and positive feedback to Member States through explicit and detailed country-specific recommendations, and to acknowledge noteworthy efforts and best practices; |
| --- | --- |

9.

Encourages the Commission to give both negative and positive feedback to Member States through explicit and detailed country-specific recommendations, and to acknowledge noteworthy efforts and best practices;

| 10. | Encourages the Commission to continue in its efforts to supplement its traditional sustainability analysis with alternative methodologies; invites the Commission to publish regularly indicators reflecting this sustainability analysis in the future releases of the ‘Public Finances in EMU’ reports and to release the assumptions on which their models are based when assessing the multiplier effect of public expenditure levels on GDP growth; |
| --- | --- |

10.

Encourages the Commission to continue in its efforts to supplement its traditional sustainability analysis with alternative methodologies; invites the Commission to publish regularly indicators reflecting this sustainability analysis in the future releases of the ‘Public Finances in EMU’ reports and to release the assumptions on which their models are based when assessing the multiplier effect of public expenditure levels on GDP growth;

| 11. | Highlights the important role the Union budget must play in order successfully to reduce macroeconomic and social imbalances throughout the Union, and thereby restore the conditions for a sustainable monetary union; |
| --- | --- |

11.

Highlights the important role the Union budget must play in order successfully to reduce macroeconomic and social imbalances throughout the Union, and thereby restore the conditions for a sustainable monetary union;

| 12. | Welcomes the new focus on fiscal decentralisation in the Commission’s 2012 report on public finances in EMU, and suggests that a chapter on local and regional public finances be always included in future releases; |
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12.

Welcomes the new focus on fiscal decentralisation in the Commission’s 2012 report on public finances in EMU, and suggests that a chapter on local and regional public finances be always included in future releases;

| 13. | Considers that budgetary consolidation can be implemented effectively, and can bring long-lasting positive effects, provided that the measures backing it are growth-friendly, so that they promote growth and job perspectives, and that they respect equity among citizens; |
| --- | --- |

13.

Considers that budgetary consolidation can be implemented effectively, and can bring long-lasting positive effects, provided that the measures backing it are growth-friendly, so that they promote growth and job perspectives, and that they respect equity among citizens;

| 14. | Invites the Member States to put in place growth-oriented policies and reforms in line with the EU 2020 Strategy, having regard to social protection, social inclusion and public investment; recalls its demands on the need for making the labour market more flexible, in particular by: reducing labour taxation; optimising training schemes to stimulate older workers to stay in employment longer; reducing youth unemployment by better matching the qualifications of young people to labour demand; ensuring that wages keep in line with productivity; and shifting taxation away from labour, in particular regarding low income categories of workers, to environmentally harmful activities; invites the Member States to put in place innovation policies through investments aimed at improving productivity and aligning it with wage developments, and to create a more competitive business environment by: liberalising certain industries; removing unjustified restrictions on regulated trades and professions; facilitating credit access; and facilitating the setting-up of new businesses; encourages, lastly, the reform of the public administration sector by eliminating red tape, cutting costs and removing unnecessary layers of government; |
| --- | --- |

14.

Invites the Member States to put in place growth-oriented policies and reforms in line with the EU 2020 Strategy, having regard to social protection, social inclusion and public investment; recalls its demands on the need for making the labour market more flexible, in particular by: reducing labour taxation; optimising training schemes to stimulate older workers to stay in employment longer; reducing youth unemployment by better matching the qualifications of young people to labour demand; ensuring that wages keep in line with productivity; and shifting taxation away from labour, in particular regarding low income categories of workers, to environmentally harmful activities; invites the Member States to put in place innovation policies through investments aimed at improving productivity and aligning it with wage developments, and to create a more competitive business environment by: liberalising certain industries; removing unjustified restrictions on regulated trades and professions; facilitating credit access; and facilitating the setting-up of new businesses; encourages, lastly, the reform of the public administration sector by eliminating red tape, cutting costs and removing unnecessary layers of government;

| 15. | Recalls that the key element in the relationship between growth and consolidation is the composition of consolidation; stresses that the appropriate mix of expenditure- and revenue-side measures is context-dependent and should be thoroughly assessed; points out in this regard, however, that consolidations based on cutting unproductive expenditure rather than on increasing revenue tend to be more lasting and more growth-enhancing in the medium term, but more recessive in the short term; is of the opinion that consolidation strategies need to mitigate short-term recessive impact while aiming at being growth-enhancing in the medium term; believes that the possible negative impact of consolidations in the short run can be mitigated, in particular provided that the measures taken are credible, lasting and avoid a reduction in public investment in productive sectors of the economy; |
| --- | --- |

15.

Recalls that the key element in the relationship between growth and consolidation is the composition of consolidation; stresses that the appropriate mix of expenditure- and revenue-side measures is context-dependent and should be thoroughly assessed; points out in this regard, however, that consolidations based on cutting unproductive expenditure rather than on increasing revenue tend to be more lasting and more growth-enhancing in the medium term, but more recessive in the short term; is of the opinion that consolidation strategies need to mitigate short-term recessive impact while aiming at being growth-enhancing in the medium term; believes that the possible negative impact of consolidations in the short run can be mitigated, in particular provided that the measures taken are credible, lasting and avoid a reduction in public investment in productive sectors of the economy;

| 16. | Encourages the Member States to focus consolidation efforts on a context-dependent and appropriate mix of expenditure- and revenue-side measures and, at the same time, safeguard EU 2020-related and sustainable growth-enhancing items such as investment in R&D, education, health and energy efficiency; considers that particular attention should also be paid to maintaining or reinforcing the coverage and effectiveness of employment services and active labour market policies such as training and further schemes for job-seekers, including a European Job Youth Guarantee for unemployed people and new entrepreneurs; |
| --- | --- |

16.

Encourages the Member States to focus consolidation efforts on a context-dependent and appropriate mix of expenditure- and revenue-side measures and, at the same time, safeguard EU 2020-related and sustainable growth-enhancing items such as investment in R&D, education, health and energy efficiency; considers that particular attention should also be paid to maintaining or reinforcing the coverage and effectiveness of employment services and active labour market policies such as training and further schemes for job-seekers, including a European Job Youth Guarantee for unemployed people and new entrepreneurs;

| 17. | Encourages the Commission to assess the consolidated fiscal stance in the eurozone as a whole, combining the budgetary measures decided at the national level and its projected impact through spill-over effects in each Member State in the eurozone; |
| --- | --- |

17.

Encourages the Commission to assess the consolidated fiscal stance in the eurozone as a whole, combining the budgetary measures decided at the national level and its projected impact through spill-over effects in each Member State in the eurozone;

| 18. | Invites the Commission to publish its methodology underpinning the assessment of the structural balances of the Member States, as well as the changes introduced in this methodology since 2008 and the impact of those changes in the assessment of the structural balances of the Member States; |
| --- | --- |

18.

Invites the Commission to publish its methodology underpinning the assessment of the structural balances of the Member States, as well as the changes introduced in this methodology since 2008 and the impact of those changes in the assessment of the structural balances of the Member States;

| 19. | Underlines that the consolidation strategy should also target the revenue side of the budgets of the Member States; stresses, in particular, that consolidation measures on the revenue side should be focused on decreasing tax expenditures that create unproductive niches or inefficient rent-seeking behaviours, on decreasing environmentally harmful subsidies, as well as on creating environmental taxes targeting the source of negative externalities and which can bring double dividends in so far as they improve the budgetary situation and help fulfilling the objectives set in the EU2020 strategy; |
| --- | --- |

19.

Underlines that the consolidation strategy should also target the revenue side of the budgets of the Member States; stresses, in particular, that consolidation measures on the revenue side should be focused on decreasing tax expenditures that create unproductive niches or inefficient rent-seeking behaviours, on decreasing environmentally harmful subsidies, as well as on creating environmental taxes targeting the source of negative externalities and which can bring double dividends in so far as they improve the budgetary situation and help fulfilling the objectives set in the EU2020 strategy;

| 20. | Supports the pursuit of the reform and modernisation of pension systems, while fully respecting the autonomy and the role of social partners and the specificity of national contexts, and while ensuring the long-term financial sustainability and adequacy of pensions; points out that such reforms serve as well as to maintain the contribution as automatic stabilisers and as terms of instruments of social cohesion and solidarity; encourages, in particular, measures to raise effective retirement ages; supports policies aimed at increasing the number of people that decide to continue in the labour market in the first years after reaching their retirement age; |
| --- | --- |

20.

Supports the pursuit of the reform and modernisation of pension systems, while fully respecting the autonomy and the role of social partners and the specificity of national contexts, and while ensuring the long-term financial sustainability and adequacy of pensions; points out that such reforms serve as well as to maintain the contribution as automatic stabilisers and as terms of instruments of social cohesion and solidarity; encourages, in particular, measures to raise effective retirement ages; supports policies aimed at increasing the number of people that decide to continue in the labour market in the first years after reaching their retirement age;

| 21. | Encourages the Member States to implement consolidation procedures on the revenue side focusing on improving tax compliance and equity among citizens, in particular with respect to the fight against tax fraud and tax evasion; considers that, if this is not sufficient, a broadening of the tax base should be considered, also in view of the reduction of economic and social distortions; believes that greater efforts must be made to fight tax evasion and tax fraud; |
| --- | --- |

21.

Encourages the Member States to implement consolidation procedures on the revenue side focusing on improving tax compliance and equity among citizens, in particular with respect to the fight against tax fraud and tax evasion; considers that, if this is not sufficient, a broadening of the tax base should be considered, also in view of the reduction of economic and social distortions; believes that greater efforts must be made to fight tax evasion and tax fraud;

| 22. | Considers that in order to attain balanced public finances for the medium and long term, it is important to apply cost-benefit analyses to all infrastructure projects with significant budgetary weight; |
| --- | --- |

22.

Considers that in order to attain balanced public finances for the medium and long term, it is important to apply cost-benefit analyses to all infrastructure projects with significant budgetary weight;

| 23. | Recalls that the Member States have committed themselves to engage in reforming fiscal policy within the Euro Plus Pact, and to hold discussions on a regular basis on the adoption of best practices; |
| --- | --- |

23.

Recalls that the Member States have committed themselves to engage in reforming fiscal policy within the Euro Plus Pact, and to hold discussions on a regular basis on the adoption of best practices;

| 24. | Underlines the role of local and regional public authorities in supporting public and private investments; stresses the importance of growth-oriented investments for a swift economic recovery; |
| --- | --- |

24.

Underlines the role of local and regional public authorities in supporting public and private investments; stresses the importance of growth-oriented investments for a swift economic recovery;

| 25. | Invites the Member States to clarify the responsibility, role, fiscal transfers and revenue source of different levels of government (national, regional and local) in ensuring a sound and sustainable public finance framework, in particular by taking into account the impact on local and regional fiscal autonomy of the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union; |
| --- | --- |

25.

Invites the Member States to clarify the responsibility, role, fiscal transfers and revenue source of different levels of government (national, regional and local) in ensuring a sound and sustainable public finance framework, in particular by taking into account the impact on local and regional fiscal autonomy of the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union;

| 26. | Is concerned by the risk that the set-up of the relationship between central and sub-national governments can harm the implementation of fiscal consolidation, particularly when decentralisation is financed predominantly through transfers from the central government and is not matched by sub-national responsibility on the revenue side; |
| --- | --- |

26.

Is concerned by the risk that the set-up of the relationship between central and sub-national governments can harm the implementation of fiscal consolidation, particularly when decentralisation is financed predominantly through transfers from the central government and is not matched by sub-national responsibility on the revenue side;

| 27. | Is concerned that in some Member States, sub-sectors of government and ministries may exist without concrete powers and tasks; these sub-sectors of government make the general administration more inefficient and profligate and should therefore be eliminated as part of fiscal consolidation efforts; |
| --- | --- |

27.

Is concerned that in some Member States, sub-sectors of government and ministries may exist without concrete powers and tasks; these sub-sectors of government make the general administration more inefficient and profligate and should therefore be eliminated as part of fiscal consolidation efforts;

| 28. | Notes that fiscal consolidation efforts should be shared between the different administrations in a fair way, taking into account the services they provide; |
| --- | --- |

28.

Notes that fiscal consolidation efforts should be shared between the different administrations in a fair way, taking into account the services they provide;

| 29. | Recognises that some Member States with high levels of debt are still increasing the net quantity of public workers despite their public commitment to freeze or decrease the share of public workers in the labour market; |
| --- | --- |

29.

Recognises that some Member States with high levels of debt are still increasing the net quantity of public workers despite their public commitment to freeze or decrease the share of public workers in the labour market;

| 30. | Calls on Member States with budgetary problems to give priority to fiscal consolidation measures aimed at reducing unnecessary defence expenditures such as purchases of new and expensive military equipment; |
| --- | --- |

30.

Calls on Member States with budgetary problems to give priority to fiscal consolidation measures aimed at reducing unnecessary defence expenditures such as purchases of new and expensive military equipment;

| 31. | Welcomes the various crisis resolution efforts, including sustainable and growth-enhancing structural reforms; underlines the new reinforced EU governance framework adopted recently; considers that, while those reforms cannot suddenly solve the crisis, they should aim at enhancing the credibility of the fiscal adjustment, reducing its negative short-term impact on growth and setting up the framework for better policy-making in the years when growth has returned; |
| --- | --- |

31.

Welcomes the various crisis resolution efforts, including sustainable and growth-enhancing structural reforms; underlines the new reinforced EU governance framework adopted recently; considers that, while those reforms cannot suddenly solve the crisis, they should aim at enhancing the credibility of the fiscal adjustment, reducing its negative short-term impact on growth and setting up the framework for better policy-making in the years when growth has returned;

| 32. | Encourages economic dialogue and cooperation between regional parliaments with legislative powers, national parliaments and the European Parliament, particularly in the context of the European Semester, to discuss the economic orientations presented in the Annual Growth Survey and the country-specific recommendations; |
| --- | --- |

32.

Encourages economic dialogue and cooperation between regional parliaments with legislative powers, national parliaments and the European Parliament, particularly in the context of the European Semester, to discuss the economic orientations presented in the Annual Growth Survey and the country-specific recommendations;

| 33. | Instructs its President to forward this resolution to the Council and the Commission, the European Central Bank and the governments and parliaments of the Member States. |
| --- | --- |

33.

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

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(1)  http://ec.europa.eu/economy_finance/publications/european_economy/2011/pdf/ee-2011-3_en.pdf

(2)  http://ec.europa.eu/economy_finance/publications/european_economy/2012/pdf/ee-2012-4.pdf

(3)  OJ L 306, 23.11.2011, p. 12.

(4)  OJ L 306, 23.11.2011, p. 41.

(5)  OJ L 306, 23.11.2011, p. 8.

(6)  OJ L 306, 23.11.2011, p. 33.

(7)  OJ L 306, 23.11.2011, p. 25.

(8)  OJ L 306, 23.11.2011, p. 1.

(9)  http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/ec/120296.pdf

(10)  Texts adopted, P7_TA(2011)0583.

(11)  Texts adopted, P7_TA(2012)0048.

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| 30.12.2015 | EN | Official Journal of the European Union | C 440/67 |
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30.12.2015

EN

Official Journal of the European Union

C 440/67

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P7_TA(2013)0016

Youth guarantee

European Parliament resolution of 16 January 2013 on a Youth Guarantee (2012/2901(RSP))

(2015/C 440/09)

The European Parliament,

| — | having regard to the proposal from the Commission of 5 December 2012 for a Council Recommendation on establishing a Youth Guarantee (COM(2012)0729), |
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—

having regard to the proposal from the Commission of 5 December 2012 for a Council Recommendation on establishing a Youth Guarantee (COM(2012)0729),

| — | having regard to the Commission Communication on the implementation of the Youth Opportunities Initiative (COM(2012)0727), |
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—

having regard to the Commission Communication on the implementation of the Youth Opportunities Initiative (COM(2012)0727),

| — | having regard to the Commission Communication ‘Youth Opportunities Initiative’ (COM(2011)0933), and to the European Parliament’s resolution of 24 May 2012 on the Youth Opportunities Initiative (1) and the question for oral answer to the Commission on the Youth Opportunities Initiative (O-000106/2012 — B7-0113/2012), |
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—

having regard to the Commission Communication ‘Youth Opportunities Initiative’ (COM(2011)0933), and to the European Parliament’s resolution of 24 May 2012 on the Youth Opportunities Initiative (1) and the question for oral answer to the Commission on the Youth Opportunities Initiative (O-000106/2012 — B7-0113/2012),

| — | having regard to the Statement of the Members of the European Council of 30 January 2012 entitled ‘Towards growth-friendly consolidation and job-friendly growth’, |
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—

having regard to the Statement of the Members of the European Council of 30 January 2012 entitled ‘Towards growth-friendly consolidation and job-friendly growth’,

| — | having regard to its resolution of 6 July 2010 on promoting youth access to the labour market, strengthening trainee, internship and apprenticeship status (2), |
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—

having regard to its resolution of 6 July 2010 on promoting youth access to the labour market, strengthening trainee, internship and apprenticeship status (2),

| — | having regard to the Eurofound report of 13 June 2012 entitled ‘Youth Guarantee: Experiences from Finland and Sweden’ (3), |
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—

having regard to the Eurofound report of 13 June 2012 entitled ‘Youth Guarantee: Experiences from Finland and Sweden’ (3),

| — | having regard to the Commission Communication ‘Youth on the Move’ (COM(2010)0477), |
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—

having regard to the Commission Communication ‘Youth on the Move’ (COM(2010)0477),

| — | having regard to the International Labour Organisation’s paper of September 2012 entitled ‘Global employment outlook: Bleak labour market prospects for youth’ (4) and to the resolution and conclusions of the 101st Session of the International Labour Conference, Geneva, 2012, entitled ‘The youth unemployment crisis: A call for action’ (5), |
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—

having regard to the International Labour Organisation’s paper of September 2012 entitled ‘Global employment outlook: Bleak labour market prospects for youth’ (4) and to the resolution and conclusions of the 101st Session of the International Labour Conference, Geneva, 2012, entitled ‘The youth unemployment crisis: A call for action’ (5),

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

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

| A. | whereas, due to the economic crisis, the overall unemployment rate had by October 2012 risen to the unprecedented level of 10,7 %, with 25,91 million people looking for work (6); |
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A.

whereas, due to the economic crisis, the overall unemployment rate had by October 2012 risen to the unprecedented level of 10,7 %, with 25,91 million people looking for work (6);

| B. | whereas the youth unemployment rate has soared to 23,4 %, leaving 5,68 million young people unemployed, in part reflecting mismatches between skills supply and labour market demands though often regardless of the education levels of job seekers; whereas research shows that youth unemployment often leaves permanent scars, such as an increased risk of future unemployment and of permanent social exclusion; |
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B.

whereas the youth unemployment rate has soared to 23,4 %, leaving 5,68 million young people unemployed, in part reflecting mismatches between skills supply and labour market demands though often regardless of the education levels of job seekers; whereas research shows that youth unemployment often leaves permanent scars, such as an increased risk of future unemployment and of permanent social exclusion;

| C. | whereas the Members of the European Council, in their statement of 29 June 2012, urged the Member States to step up efforts to increase youth employment with ‘the objective that within a few months of leaving school, young people receive a good quality offer of employment, continued education, apprenticeship or a traineeship’; |
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C.

whereas the Members of the European Council, in their statement of 29 June 2012, urged the Member States to step up efforts to increase youth employment with ‘the objective that within a few months of leaving school, young people receive a good quality offer of employment, continued education, apprenticeship or a traineeship’;

| D. | whereas a Youth Guarantee would contribute to the attainment of three of the Europe 2020 strategy objectives, namely that 75 % of the of the population aged 20-64 should be employed, that early school-leaving rates should be below 10 %, and that at least 20 million people should be lifted out of poverty and social exclusion; |
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D.

whereas a Youth Guarantee would contribute to the attainment of three of the Europe 2020 strategy objectives, namely that 75 % of the of the population aged 20-64 should be employed, that early school-leaving rates should be below 10 %, and that at least 20 million people should be lifted out of poverty and social exclusion;

| E. | whereas the crisis has led to a rise in precarious forms of employment for young people, with short-term and part-time contracts and unremunerated work placement schemes all too often replacing existing jobs; |
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E.

whereas the crisis has led to a rise in precarious forms of employment for young people, with short-term and part-time contracts and unremunerated work placement schemes all too often replacing existing jobs;

| F. | whereas the cost to the EU of inaction on the problem of young people with no employment, education or training (NEETs) is estimated to be about EUR 153 billion, corresponding to 1,2 % of the EU’s GDP, and whereas there are currently 7,5 million NEETs under 25 in the EU; |
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F.

whereas the cost to the EU of inaction on the problem of young people with no employment, education or training (NEETs) is estimated to be about EUR 153 billion, corresponding to 1,2 % of the EU’s GDP, and whereas there are currently 7,5 million NEETs under 25 in the EU;

| G. | whereas the Commission demands, in its Youth Employment Package, a Youth Guarantee; |
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G.

whereas the Commission demands, in its Youth Employment Package, a Youth Guarantee;

| 1. | Strongly supports the initiative by the Commission to propose a Council Recommendation on Youth Guarantee schemes; |
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1.

Strongly supports the initiative by the Commission to propose a Council Recommendation on Youth Guarantee schemes;

| 2. | Calls on the Member States’ ministers for employment and social affairs to agree on a Council recommendation during the EPSCO Council in February 2013 aimed at implementing Youth Guarantee schemes in all Member States; emphasises that the Youth Guarantee is not a job guarantee but an instrument ensuring that all young EU citizens and legal residents up to the age of 25 years, and recent graduates under 30, receive a good-quality offer of employment, continued education or apprenticeship within four months of becoming unemployed or leaving formal education; stresses that Youth Guarantee schemes should effectively improve the situation of NEETs; underlines that Youth Guarantee schemes should be eligible for specific forms of European funding, especially in the Member States with the highest youth unemployment rates; |
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2.

Calls on the Member States’ ministers for employment and social affairs to agree on a Council recommendation during the EPSCO Council in February 2013 aimed at implementing Youth Guarantee schemes in all Member States; emphasises that the Youth Guarantee is not a job guarantee but an instrument ensuring that all young EU citizens and legal residents up to the age of 25 years, and recent graduates under 30, receive a good-quality offer of employment, continued education or apprenticeship within four months of becoming unemployed or leaving formal education; stresses that Youth Guarantee schemes should effectively improve the situation of NEETs; underlines that Youth Guarantee schemes should be eligible for specific forms of European funding, especially in the Member States with the highest youth unemployment rates;

| 3. | Takes the view that Union funding of Youth Guarantee schemes should play a key role, that the European Social Fund (ESF) in particular should be structured to enable the Youth Guarantee to be financed, and that the ESF should therefore be allocated at least 25 % of Structural and Cohesion Funds; believes, however, that an appropriate balance between EU and Member State funding should be striven for; |
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3.

Takes the view that Union funding of Youth Guarantee schemes should play a key role, that the European Social Fund (ESF) in particular should be structured to enable the Youth Guarantee to be financed, and that the ESF should therefore be allocated at least 25 % of Structural and Cohesion Funds; believes, however, that an appropriate balance between EU and Member State funding should be striven for;

| 4. | Recognises that young people are not a homogenous group, that they face different social environments and, therefore, that Member States have different levels of readiness for the adoption of a Youth Guarantee; in this context, all young people should first receive a personalised assessment of their needs, which should be followed up with specifically tailored services; |
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4.

Recognises that young people are not a homogenous group, that they face different social environments and, therefore, that Member States have different levels of readiness for the adoption of a Youth Guarantee; in this context, all young people should first receive a personalised assessment of their needs, which should be followed up with specifically tailored services;

| 5. | Emphasises that close cooperation between the Commission and the Member States and, at national level, among (sectoral) social partners, local and regional authorities, public and private employment services and local and regional education and training institutes is essential to the effective implementation of Youth Guarantee schemes; |
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5.

Emphasises that close cooperation between the Commission and the Member States and, at national level, among (sectoral) social partners, local and regional authorities, public and private employment services and local and regional education and training institutes is essential to the effective implementation of Youth Guarantee schemes;

| 6. | Notes that Youth Guarantee schemes should be accompanied by a quality framework in order to ensure that the education, training and jobs offered include appropriate pay, working conditions and health and safety standards; |
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6.

Notes that Youth Guarantee schemes should be accompanied by a quality framework in order to ensure that the education, training and jobs offered include appropriate pay, working conditions and health and safety standards;

| 7. | Welcomes the Commission’s suggestion to provide, through an ‘Employment Committee’, multilateral surveillance of the implementation of the Youth Guarantee schemes, and asks to be associated with this committee; |
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7.

Welcomes the Commission’s suggestion to provide, through an ‘Employment Committee’, multilateral surveillance of the implementation of the Youth Guarantee schemes, and asks to be associated with this committee;

| 8. | Calls on the Member States to reform, in particular, education and training standards for young people, in order to significantly increase their employment and life opportunities; |
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8.

Calls on the Member States to reform, in particular, education and training standards for young people, in order to significantly increase their employment and life opportunities;

| 9. | Recognises that Member States have different level of readiness for the adoption of Youth Guarantee and calls on the Commission, in particular, to support those Member States which are undergoing financial constraints; urges the Commission, within the framework of the European Semester, to closely monitor and report on the implementation of Youth Guarantees and, where needed, to name those Member States who fail to establish Youth Guarantees; |
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9.

Recognises that Member States have different level of readiness for the adoption of Youth Guarantee and calls on the Commission, in particular, to support those Member States which are undergoing financial constraints; urges the Commission, within the framework of the European Semester, to closely monitor and report on the implementation of Youth Guarantees and, where needed, to name those Member States who fail to establish Youth Guarantees;

| 10. | Instructs its President to forward this resolution to the Commission and the Council. |
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10.

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

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(1)  Texts adopted, P7_TA(2012)0224.

(2)  OJ C 351 E, 2.12.2011, p. 29.

(3)  http://www.eurofound.europa.eu/pubdocs/2012/42/en/1/EF1242EN.pdf

(4)  http://www.ilo.org/wcmsp5/groups/public/---dgreports/---dcomm/documents/publication/wcms_188810.pdf

(5)  http://www.ilo.org/wcmsp5/groups/public/@ed_norm/@relconf/documents/meetingdocument/wcms_185950.pdf

(6)  Eurostat, November 2012: http://epp.eurostat.ec.europa.eu/cache/ITY_PUBLIC/3-30112012-BP/EN/3-30112012-BP-EN.PDF

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| 30.12.2015 | EN | Official Journal of the European Union | C 440/69 |
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30.12.2015

EN

Official Journal of the European Union

C 440/69

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P7_TA(2013)0017

Role of EU cohesion policy in implementing the new European energy policy

European Parliament resolution of 16 January 2013 on the role of EU cohesion policy and its actors in implementing the new European energy policy (2012/2099(INI))

(2015/C 440/10)

The European Parliament,

| — | having regard to Article 194 of the Treaty on the Functioning of the European Union, |
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—

having regard to Article 194 of the Treaty on the Functioning of the European Union,

| — | having regard to the communication of 10 November 2010 entitled ‘Energy 2020 — A strategy for competitive, sustainable and secure energy’ (COM(2010)0639), |
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—

having regard to the communication of 10 November 2010 entitled ‘Energy 2020 — A strategy for competitive, sustainable and secure energy’ (COM(2010)0639),

| — | having regard to the communication of 15 December 2011 entitled ‘Energy Roadmap 2050’ (COM(2011)0885), |
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—

having regard to the communication of 15 December 2011 entitled ‘Energy Roadmap 2050’ (COM(2011)0885),

| — | having regard to the proposal for a directive of the European Parliament and of the Council on energy efficiency and repealing Directives 2004/8/EC and 2006/32/EC (COM(2011)0370), |
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—

having regard to the proposal for a directive of the European Parliament and of the Council on energy efficiency and repealing Directives 2004/8/EC and 2006/32/EC (COM(2011)0370),

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

having regard to Rule 48 of its Rules of Procedure,

| — | having regard to the report of the Committee on Regional Development and the opinion of the Committee on Industry, Research and Energy (A7-0437/2012), |
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—

having regard to the report of the Committee on Regional Development and the opinion of the Committee on Industry, Research and Energy (A7-0437/2012),

| A. | whereas the common objectives of European energy policy are security of supply, sustainability and competitiveness; |
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A.

whereas the common objectives of European energy policy are security of supply, sustainability and competitiveness;

| B. | whereas European energy policy should also ensure the safety of energy resources, diversification of supplies, and affordable prices for end users; |
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B.

whereas European energy policy should also ensure the safety of energy resources, diversification of supplies, and affordable prices for end users;

| C. | whereas the primary objectives of the EU cohesion policy are the economic, social and territorial cohesion of Europe’s regions through investment in growth and jobs; |
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C.

whereas the primary objectives of the EU cohesion policy are the economic, social and territorial cohesion of Europe’s regions through investment in growth and jobs;

| D. | whereas the cohesion policy investments in the area of energy should contribute to the realisation of the objectives of both policies; |
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D.

whereas the cohesion policy investments in the area of energy should contribute to the realisation of the objectives of both policies;

| E. | whereas these policies should promote growth and local job creation in all regions, while ensuring sustainable sources of energy, and guaranteeing security of energy supply across the whole EU; |
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E.

whereas these policies should promote growth and local job creation in all regions, while ensuring sustainable sources of energy, and guaranteeing security of energy supply across the whole EU;

| F. | whereas the European Union’s energy markets are increasingly extending beyond national borders and this trend is set to gain considerable pace in the period ahead; |
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F.

whereas the European Union’s energy markets are increasingly extending beyond national borders and this trend is set to gain considerable pace in the period ahead;

| G. | whereas, under the original Commission proposal, at least 80 % of ERDF resources in more developed regions and 50 % in less developed regions are to be allocated to a ‘low-carbon economy’; |
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G.

whereas, under the original Commission proposal, at least 80 % of ERDF resources in more developed regions and 50 % in less developed regions are to be allocated to a ‘low-carbon economy’;

| H. | whereas, in this thematic area, a minimum of 20 % and 6 % respectively is required to be allocated to energy efficiency and renewables, which is a significant amount of funding; |
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H.

whereas, in this thematic area, a minimum of 20 % and 6 % respectively is required to be allocated to energy efficiency and renewables, which is a significant amount of funding;

| I. | whereas the price of energy has risen significantly in recent years and has now reached historic levels, posing major problems for European industries; |
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I.

whereas the price of energy has risen significantly in recent years and has now reached historic levels, posing major problems for European industries;

| J. | whereas the minimum amount for an ELENA eligible project is EUR 50 million and the minimum for the Intelligent Energy programme is greater than EUR 6 million, which is more than the cost of many projects in small and rural communities; |
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J.

whereas the minimum amount for an ELENA eligible project is EUR 50 million and the minimum for the Intelligent Energy programme is greater than EUR 6 million, which is more than the cost of many projects in small and rural communities;

| K. | whereas the Energy Roadmap 2050 identifies renewable energy as playing a major part in the future energy policy; |
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K.

whereas the Energy Roadmap 2050 identifies renewable energy as playing a major part in the future energy policy;

General approach

| 1. | Welcomes the general approach of linking cohesion policy to the Europe 2020 objectives and flagship initiatives in order to move towards smart, sustainable and inclusive growth and to support the shift towards a low-carbon, energy-efficient economy in all sectors; recalls, in addition, the importance of the Structural Funds and the Cohesion Fund in achieving these short- and long-term objectives in accordance with the spirit of solidarity between Member States as enshrined in the Lisbon Treaty, and in combating energy poverty in the less developed regions of the EU and the most vulnerable households; |
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1.

Welcomes the general approach of linking cohesion policy to the Europe 2020 objectives and flagship initiatives in order to move towards smart, sustainable and inclusive growth and to support the shift towards a low-carbon, energy-efficient economy in all sectors; recalls, in addition, the importance of the Structural Funds and the Cohesion Fund in achieving these short- and long-term objectives in accordance with the spirit of solidarity between Member States as enshrined in the Lisbon Treaty, and in combating energy poverty in the less developed regions of the EU and the most vulnerable households;

| 2. | Emphasises, as a consequence of the current crisis’ negative effect of increasing local and regional disparities in Europe, the need for strong EU support for economic, social and territorial cohesion; |
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2.

Emphasises, as a consequence of the current crisis’ negative effect of increasing local and regional disparities in Europe, the need for strong EU support for economic, social and territorial cohesion;

| 3. | Believes that European energy projects could contribute to regional development and stronger cross-border cooperation by helping regions increase their capacity to manage energy resources; believes that investment in low-emission and renewable energy sources and energy efficiency can result in supporting regional growth and jobs; |
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3.

Believes that European energy projects could contribute to regional development and stronger cross-border cooperation by helping regions increase their capacity to manage energy resources; believes that investment in low-emission and renewable energy sources and energy efficiency can result in supporting regional growth and jobs;

| 4. | Stresses the need to distinguish between cohesion policy goals that contribute to the Europe 2020 strategy, on the one hand, and the EU’s wider energy policy goals, on the other, which also affect the countries eligible for cohesion funding; emphasises that cohesion funds may be used as an additional source of funding for energy projects only if a project contributes to cohesion policy goals; |
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4.

Stresses the need to distinguish between cohesion policy goals that contribute to the Europe 2020 strategy, on the one hand, and the EU’s wider energy policy goals, on the other, which also affect the countries eligible for cohesion funding; emphasises that cohesion funds may be used as an additional source of funding for energy projects only if a project contributes to cohesion policy goals;

| 5. | Believes that the regions of Europe should promote smart, sustainable and inclusive growth that takes into account local specificities and conditions, allowing the regions of Europe sufficient flexibility to focus on those sustainable energy sources which are best suited to local and regional conditions and resources, in order to achieve the EU 2020-targets, and that the EU should start measuring and implementing European energy objectives on an EU-wide scale; |
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5.

Believes that the regions of Europe should promote smart, sustainable and inclusive growth that takes into account local specificities and conditions, allowing the regions of Europe sufficient flexibility to focus on those sustainable energy sources which are best suited to local and regional conditions and resources, in order to achieve the EU 2020-targets, and that the EU should start measuring and implementing European energy objectives on an EU-wide scale;

| 6. | Recommends taking into account the fact that Europe’s energy markets are organised in regional groups and takes the view that greater attention should continue to be paid to the specific features of national and regional markets so that the proper enforcement of legislative regulations can be guaranteed; |
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6.

Recommends taking into account the fact that Europe’s energy markets are organised in regional groups and takes the view that greater attention should continue to be paid to the specific features of national and regional markets so that the proper enforcement of legislative regulations can be guaranteed;

| 7. | Takes the view that the European Union should act as quickly as possible to secure its energy future and protect its interests in this field, which will entail exerting additional pressure on local and regional representatives to comply with EU guidelines; takes the view that they should at the same time be offered substantial financial support for drawing up projects; |
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7.

Takes the view that the European Union should act as quickly as possible to secure its energy future and protect its interests in this field, which will entail exerting additional pressure on local and regional representatives to comply with EU guidelines; takes the view that they should at the same time be offered substantial financial support for drawing up projects;

| 8. | Stresses that projected increases in energy pricing may place citizens in the less developed EU regions at a particular disadvantage; asks, therefore, that this be considered within cohesion policy planning and for Member States to take additional measures to diminish the effects, especially on protected consumers; |
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8.

Stresses that projected increases in energy pricing may place citizens in the less developed EU regions at a particular disadvantage; asks, therefore, that this be considered within cohesion policy planning and for Member States to take additional measures to diminish the effects, especially on protected consumers;

Capacity building

| 9. | Stresses that the current climate and energy targets and any future energy goals beyond 2020 should be based on fair burden sharing between European regions and should allow them the possibility of future development which is needed; |
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9.

Stresses that the current climate and energy targets and any future energy goals beyond 2020 should be based on fair burden sharing between European regions and should allow them the possibility of future development which is needed;

| 10. | Emphasises that bureaucracy and lack of procedural clarity have made access to the Structural Funds and the Cohesion Fund difficult and discouraged those actors most in need of such funding from applying; supports, therefore, the simplification of rules and procedures, the removal of red tape, and increased flexibility in allocating these funds at both EU and national level; believes that simplification will contribute to the efficient allocation of funds, higher absorption rates, fewer errors and reduced payment periods and allow the poorest Member States and regions to take full advantage of the financial instruments intended to reduce regional and inter-state disparities; considers that a balance needs to be struck between simplification and the stability of rules and procedures; |
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10.

Emphasises that bureaucracy and lack of procedural clarity have made access to the Structural Funds and the Cohesion Fund difficult and discouraged those actors most in need of such funding from applying; supports, therefore, the simplification of rules and procedures, the removal of red tape, and increased flexibility in allocating these funds at both EU and national level; believes that simplification will contribute to the efficient allocation of funds, higher absorption rates, fewer errors and reduced payment periods and allow the poorest Member States and regions to take full advantage of the financial instruments intended to reduce regional and inter-state disparities; considers that a balance needs to be struck between simplification and the stability of rules and procedures;

| 11. | Stresses the importance of increasing administrative capacity — but without increasing the administrative burden — in the Member States, at regional and local level and among stakeholders in order to make full and effective use of the funding that will be allocated to energy projects (including in the areas of energy efficiency and renewable energy) under cohesion policy, to overcome barriers to effective synergies between the Structural Funds and other funds and to support effective policy design and implementation; calls on the Member States to make further efforts to attract and retain qualified staff to manage EU funds; |
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11.

Stresses the importance of increasing administrative capacity — but without increasing the administrative burden — in the Member States, at regional and local level and among stakeholders in order to make full and effective use of the funding that will be allocated to energy projects (including in the areas of energy efficiency and renewable energy) under cohesion policy, to overcome barriers to effective synergies between the Structural Funds and other funds and to support effective policy design and implementation; calls on the Member States to make further efforts to attract and retain qualified staff to manage EU funds;

| 12. | Points out, with regard to large-scale energy projects, the possible capacity deficiencies of various regional and local authorities, which might seriously hamper implementation; believes, therefore, not only that JESSICA, ELENA and IEE-MLEI should be strengthened, but that any funding allocations for low-emission economy thematic concentrations within the cohesion policy should be reviewed by 2018 in light of their absorption rate and adjusted as needed, and at the latest within the framework of prospective general review of the MFF; |
| --- | --- |

12.

Points out, with regard to large-scale energy projects, the possible capacity deficiencies of various regional and local authorities, which might seriously hamper implementation; believes, therefore, not only that JESSICA, ELENA and IEE-MLEI should be strengthened, but that any funding allocations for low-emission economy thematic concentrations within the cohesion policy should be reviewed by 2018 in light of their absorption rate and adjusted as needed, and at the latest within the framework of prospective general review of the MFF;

| 13. | Welcomes the launch of the Smart Cities and Communities European Innovation Partnership and calls on the relevant partners involved in planning processes for sustainable urban development to do more to promote, and take fuller advantage of, the benefits available under the JESSICA and ELENA initiatives for sustainable energy investment at local level, with a view to helping cities and regions embark on viable investment projects in the fields of energy efficiency, renewable energy sources and sustainable urban transport; |
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13.

Welcomes the launch of the Smart Cities and Communities European Innovation Partnership and calls on the relevant partners involved in planning processes for sustainable urban development to do more to promote, and take fuller advantage of, the benefits available under the JESSICA and ELENA initiatives for sustainable energy investment at local level, with a view to helping cities and regions embark on viable investment projects in the fields of energy efficiency, renewable energy sources and sustainable urban transport;

| 14. | Stresses the importance of regularly reviewing the allocation of cohesion funding for energy projects, in order to increase the absorption rate and channel the funds into programmes which have a proven record of absorption, added value and effectiveness; |
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14.

Stresses the importance of regularly reviewing the allocation of cohesion funding for energy projects, in order to increase the absorption rate and channel the funds into programmes which have a proven record of absorption, added value and effectiveness;

| 15. | Stresses, while supporting new financial instruments (loans, loan guarantees and equity), that this should be in addition to direct grants and co-financing of energy projects and not a replacement for them; |
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15.

Stresses, while supporting new financial instruments (loans, loan guarantees and equity), that this should be in addition to direct grants and co-financing of energy projects and not a replacement for them;

| 16. | Draws the attention of the Member States and the Commission to the fact that towns, especially small and medium-sized towns and rural communities, should be eligible for direct funding aid for energy efficiency, and building renovation projects as well as transregional and cross-border projects as they are likely to lack the necessary administrative capacity to use other financial instruments fully; suggests to the Commission, in this regard, that an energy-efficiency strategy needs to be drawn up for small communities; |
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16.

Draws the attention of the Member States and the Commission to the fact that towns, especially small and medium-sized towns and rural communities, should be eligible for direct funding aid for energy efficiency, and building renovation projects as well as transregional and cross-border projects as they are likely to lack the necessary administrative capacity to use other financial instruments fully; suggests to the Commission, in this regard, that an energy-efficiency strategy needs to be drawn up for small communities;

| 17. | Believes that initiatives supporting local and regional capacities to deal with energy savings should be supported, inter alia by ERDF and ESF investments; |
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17.

Believes that initiatives supporting local and regional capacities to deal with energy savings should be supported, inter alia by ERDF and ESF investments;

| 18. | Calls on the Commission to establish an EU-wide cooperation programme, based on the experience of the twinning programme, in order to improve cooperation between regions with high rates of absorption of EU funds and those with low absorption rates and to facilitate the dissemination of best practices; |
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18.

Calls on the Commission to establish an EU-wide cooperation programme, based on the experience of the twinning programme, in order to improve cooperation between regions with high rates of absorption of EU funds and those with low absorption rates and to facilitate the dissemination of best practices;

Partnership agreements

| 19. | Notes that, for projects to be properly implemented, regional and local authorities should be consulted on partnership agreements in such a way as to give them a real opportunity to influence their goals, the content of expenditure and their implementation; calls, therefore, for the partnership principle to be strengthened; |
| --- | --- |

19.

Notes that, for projects to be properly implemented, regional and local authorities should be consulted on partnership agreements in such a way as to give them a real opportunity to influence their goals, the content of expenditure and their implementation; calls, therefore, for the partnership principle to be strengthened;

| 20. | Supports, therefore, a multi-level governance and decentralised approach to energy policy and energy efficiency, including, among other things, the Covenant of Mayors and the further development of the Smart Cities initiative as well as the promotion of the best solutions at regional and local level by means of information campaigns; |
| --- | --- |

20.

Supports, therefore, a multi-level governance and decentralised approach to energy policy and energy efficiency, including, among other things, the Covenant of Mayors and the further development of the Smart Cities initiative as well as the promotion of the best solutions at regional and local level by means of information campaigns;

| 21. | Points out that cohesion policy funding arrangements should ensure that the differing economic, social and territorial features of regions are fully taken into consideration; highlights, in this connection, the role of the regions located on the external borders of the European Union; |
| --- | --- |

21.

Points out that cohesion policy funding arrangements should ensure that the differing economic, social and territorial features of regions are fully taken into consideration; highlights, in this connection, the role of the regions located on the external borders of the European Union;

| 22. | Believes that, while the Common Provisions Regulation, provides for general earmarking and other thematic targets, these measures should be applied in a flexible manner within partnership agreements to allow Member States and their regions to pursue their most effective path towards achieving the EU 2020 goals and cohesion policy objectives; |
| --- | --- |

22.

Believes that, while the Common Provisions Regulation, provides for general earmarking and other thematic targets, these measures should be applied in a flexible manner within partnership agreements to allow Member States and their regions to pursue their most effective path towards achieving the EU 2020 goals and cohesion policy objectives;

| 23. | Singles out the need to apply the broad criteria for assessing energy projects put forward for cohesion policy funding; notes, in particular, that different geographical conditions mean that there cannot be a ‘one-size-fits-all’ energy policy for all regions; |
| --- | --- |

23.

Singles out the need to apply the broad criteria for assessing energy projects put forward for cohesion policy funding; notes, in particular, that different geographical conditions mean that there cannot be a ‘one-size-fits-all’ energy policy for all regions;

Implementation and policy suggestions

| 24. | Notes that, while Member States are changing their energy mixes in accordance with the EU‘s climate goals, many regions are still dependent on fossil fuels; believes, therefore, that all these regions ought to be encouraged to use sources of energy compatible with the goals of smart, sustainable and inclusive growth; |
| --- | --- |

24.

Notes that, while Member States are changing their energy mixes in accordance with the EU‘s climate goals, many regions are still dependent on fossil fuels; believes, therefore, that all these regions ought to be encouraged to use sources of energy compatible with the goals of smart, sustainable and inclusive growth;

| 25. | Stresses the need to select local sources of energy generation prudently and in such a manner as to ensure that they fit in as well as possible with the regional landscape; |
| --- | --- |

25.

Stresses the need to select local sources of energy generation prudently and in such a manner as to ensure that they fit in as well as possible with the regional landscape;

| 26. | Takes the view that consistent rules are needed at European level along with a mechanism for authorities to access information from across the Union in order to fully understand energy market developments; |
| --- | --- |

26.

Takes the view that consistent rules are needed at European level along with a mechanism for authorities to access information from across the Union in order to fully understand energy market developments;

| 27. | Takes the view that cohesion policy can play a key role in exploiting the potential offered by innovation, research and development, so that future challenges in the field of energy can be turned into an opportunity that will revitalise the Union‘s economic strength; |
| --- | --- |

27.

Takes the view that cohesion policy can play a key role in exploiting the potential offered by innovation, research and development, so that future challenges in the field of energy can be turned into an opportunity that will revitalise the Union‘s economic strength;

| 28. | Supports the use of cohesion and energy policy funds for cross-border projects with third partner countries and connections between national networks; stresses that bordering regions should be incorporated into the EU system as much as possible to ensure sustainable development on both sides of the border; stresses that such funding should be subject to the application of the EU energy market rules, including the third energy package; |
| --- | --- |

28.

Supports the use of cohesion and energy policy funds for cross-border projects with third partner countries and connections between national networks; stresses that bordering regions should be incorporated into the EU system as much as possible to ensure sustainable development on both sides of the border; stresses that such funding should be subject to the application of the EU energy market rules, including the third energy package;

| 29. | Welcomes the new proposal on the Connecting Europe Facility as an additional and complementary instrument to cohesion policy, aimed at addressing the extensive need for investment in modernising and expanding Europe’s energy infrastructure, thereby contributing to the Europe 2020 strategy targets; urges the Commission to maximise the degree of coordination between the Structural Funds and the Cohesion Fund, on the one hand, and the Connecting Europe Facility, on the other; |
| --- | --- |

29.

Welcomes the new proposal on the Connecting Europe Facility as an additional and complementary instrument to cohesion policy, aimed at addressing the extensive need for investment in modernising and expanding Europe’s energy infrastructure, thereby contributing to the Europe 2020 strategy targets; urges the Commission to maximise the degree of coordination between the Structural Funds and the Cohesion Fund, on the one hand, and the Connecting Europe Facility, on the other;

| 30. | Encourages use of the European territorial cooperation objective and the Connecting Europe Facility to implement cross-border strategies on efficient energy production, distribution and use; emphasises the importance of adapting EU rules on energy infrastructure managers to the cross-border context; |
| --- | --- |

30.

Encourages use of the European territorial cooperation objective and the Connecting Europe Facility to implement cross-border strategies on efficient energy production, distribution and use; emphasises the importance of adapting EU rules on energy infrastructure managers to the cross-border context;

| 31. | Believes that cohesion policy funds should be available to provide information to local and regional authorities, SMEs and individuals on national renewable energy schemes in a structured way; notes that this is needed, in particular, in those Member States where a ‘certificate of origin’ system has been adopted, which might favour only large-scale energy projects; |
| --- | --- |

31.

Believes that cohesion policy funds should be available to provide information to local and regional authorities, SMEs and individuals on national renewable energy schemes in a structured way; notes that this is needed, in particular, in those Member States where a ‘certificate of origin’ system has been adopted, which might favour only large-scale energy projects;

| 32. | Calls for full use to be made of synergies between public and private funds in financing energy projects; |
| --- | --- |

32.

Calls for full use to be made of synergies between public and private funds in financing energy projects;

| 33. | Supports the revision of the EU VAT Directive 2006/112/EC to allow for a reduction of the VAT rate applied to regional, local and cross-border projects seeking to increase energy efficiency and to the purchase of products in the highest energy efficiency class under Directive 2010/30/EU; |
| --- | --- |

33.

Supports the revision of the EU VAT Directive 2006/112/EC to allow for a reduction of the VAT rate applied to regional, local and cross-border projects seeking to increase energy efficiency and to the purchase of products in the highest energy efficiency class under Directive 2010/30/EU;

| 34. | Believes that only greenhouse gas reduction projects targeting the installations listed in Annex 1 to Directive 2003/87/EC should be excluded from the ERDF and the CF, so as not to engender a disproportionate effect on less developed regions and delay their transition to low-emission regions; asks the Commission to further clarify and define which energy sectors would not be eligible for cohesion policy funding and to withdraw this exclusion from projects located in convergence regions; |
| --- | --- |

34.

Believes that only greenhouse gas reduction projects targeting the installations listed in Annex 1 to Directive 2003/87/EC should be excluded from the ERDF and the CF, so as not to engender a disproportionate effect on less developed regions and delay their transition to low-emission regions; asks the Commission to further clarify and define which energy sectors would not be eligible for cohesion policy funding and to withdraw this exclusion from projects located in convergence regions;

| 35. | Notes that district heating and cogeneration plants are widely present especially in Central and Eastern Europe; believes that the upgrade of such plants and of their distribution network, and where necessary the creation of high efficiency new plants, would have a positive environmental impact and should therefore be encouraged and supported by the cohesion policy; |
| --- | --- |

35.

Notes that district heating and cogeneration plants are widely present especially in Central and Eastern Europe; believes that the upgrade of such plants and of their distribution network, and where necessary the creation of high efficiency new plants, would have a positive environmental impact and should therefore be encouraged and supported by the cohesion policy;

Energy efficiency, renewables and infrastructure

| 36. | Agrees that energy efficiency is vital to the EU’s energy goals and should be promoted above all within the thematic concentration structure and Operational Programmes; believes that EU measures should support energy efficiency in the energy production, distribution and consumption phases; |
| --- | --- |

36.

Agrees that energy efficiency is vital to the EU’s energy goals and should be promoted above all within the thematic concentration structure and Operational Programmes; believes that EU measures should support energy efficiency in the energy production, distribution and consumption phases;

| 37. | Considers it to be of paramount importance for investments to be made in energy efficiency and renewable energy use, in particular in the housing sector; |
| --- | --- |

37.

Considers it to be of paramount importance for investments to be made in energy efficiency and renewable energy use, in particular in the housing sector;

| 38. | Takes the view that, by making intelligent use of Community funds for the forthcoming programming period 2014-2020, it will be possible to achieve the 20 % target for energy efficiency and thus the sustainability and competitiveness objectives in the European Union; stresses that cutting consumption by means of energy efficiency is the most sustainable way of reducing dependence on fossil fuels, leading to a reduction in imports of around 25 %; |
| --- | --- |

38.

Takes the view that, by making intelligent use of Community funds for the forthcoming programming period 2014-2020, it will be possible to achieve the 20 % target for energy efficiency and thus the sustainability and competitiveness objectives in the European Union; stresses that cutting consumption by means of energy efficiency is the most sustainable way of reducing dependence on fossil fuels, leading to a reduction in imports of around 25 %;

| 39. | Stresses the importance of cohesion policy, and of the financial resources allocated to it, for the full development of energy storage and transmission infrastructure and networks (with particular reference to smart grids and distribution) between the Member States and all regions of the EU, including the outermost regions, for the completion and functioning of the internal energy market, for the provision of an affordable, secure and sustainable energy supply and for achieving the goal of convergence among EU regions, taking into the account the needs of EU citizens in every Member State; stresses that no region of the Member States should remain isolated from European gas and electricity networks after 2015 or suffer from inadequate connection to energy networks; |
| --- | --- |

39.

Stresses the importance of cohesion policy, and of the financial resources allocated to it, for the full development of energy storage and transmission infrastructure and networks (with particular reference to smart grids and distribution) between the Member States and all regions of the EU, including the outermost regions, for the completion and functioning of the internal energy market, for the provision of an affordable, secure and sustainable energy supply and for achieving the goal of convergence among EU regions, taking into the account the needs of EU citizens in every Member State; stresses that no region of the Member States should remain isolated from European gas and electricity networks after 2015 or suffer from inadequate connection to energy networks;

| 40. | Stresses the need to develop an integrated and interconnected energy system, and local and regional smart distribution and transmission networks for electricity and gas, together with storage facilities; believes that the energy thematic concentration should support grid creation, and renovation for renewable sources of energy, i.e. sustainable production of biogas; |
| --- | --- |

40.

Stresses the need to develop an integrated and interconnected energy system, and local and regional smart distribution and transmission networks for electricity and gas, together with storage facilities; believes that the energy thematic concentration should support grid creation, and renovation for renewable sources of energy, i.e. sustainable production of biogas;

| 41. | Points out that the cohesion policy should contribute to a balance of energy flows across borders of Member States in order to avoid possible threats of black-outs (e.g. by means of transformers); |
| --- | --- |

41.

Points out that the cohesion policy should contribute to a balance of energy flows across borders of Member States in order to avoid possible threats of black-outs (e.g. by means of transformers);

| 42. | Notes the need for energy efficiency and development of renewable energy in rural areas; stresses the increasing energy saving potential in rural households, which might require innovative funding schemes as these communities lack the necessary financial institutions with the ability to support such projects; supports steps to facilitate access to new technologies for rural areas, especially in the area of microgeneration; |
| --- | --- |

42.

Notes the need for energy efficiency and development of renewable energy in rural areas; stresses the increasing energy saving potential in rural households, which might require innovative funding schemes as these communities lack the necessary financial institutions with the ability to support such projects; supports steps to facilitate access to new technologies for rural areas, especially in the area of microgeneration;

| 43. | Asks the Commission to ensure that energy policy is ‘rural proof’ by addressing in a more comprehensive and coordinated way the challenges and opportunities that rural areas face when it comes to energy use and production; |
| --- | --- |

43.

Asks the Commission to ensure that energy policy is ‘rural proof’ by addressing in a more comprehensive and coordinated way the challenges and opportunities that rural areas face when it comes to energy use and production;

| 44. | Points out that energy efficiency potential remains unrealised in the construction and transport sectors, where investments in the heating of buildings and energy-efficient public transport represent an opportunity to increase employment in the sectors concerned; believes that multiannual objectives should be set in this regard; |
| --- | --- |

44.

Points out that energy efficiency potential remains unrealised in the construction and transport sectors, where investments in the heating of buildings and energy-efficient public transport represent an opportunity to increase employment in the sectors concerned; believes that multiannual objectives should be set in this regard;

| 45. | Notes the imbalance in sustainable resource use between different Member States; stresses the economies of scales possible through cross-border cooperation on sustainable use of resources and energy efficiency; takes the view that measures to support resource efficiency and the recycling of materials should be stepped up; underlines the risk of carbon leakage and its effect on regional development and social cohesion, and therefore believes that a balance must be struck between the implementation of our climate objectives and the energy security of Europe’s regions, which is necessary for sustainable and competitive growth; |
| --- | --- |

45.

Notes the imbalance in sustainable resource use between different Member States; stresses the economies of scales possible through cross-border cooperation on sustainable use of resources and energy efficiency; takes the view that measures to support resource efficiency and the recycling of materials should be stepped up; underlines the risk of carbon leakage and its effect on regional development and social cohesion, and therefore believes that a balance must be struck between the implementation of our climate objectives and the energy security of Europe’s regions, which is necessary for sustainable and competitive growth;

| 46. | Stresses the significant advantage of using the Structural Funds and the Cohesion Fund for the implementation of the information and communication networks needed in order to develop a secure and robust smart EU energy grid; |
| --- | --- |

46.

Stresses the significant advantage of using the Structural Funds and the Cohesion Fund for the implementation of the information and communication networks needed in order to develop a secure and robust smart EU energy grid;

Competitiveness, jobs and fighting energy poverty

| 47. | Stresses that investments in energy infrastructure and energy-efficient construction and transport will lead directly to the creation of new jobs; |
| --- | --- |

47.

Stresses that investments in energy infrastructure and energy-efficient construction and transport will lead directly to the creation of new jobs;

| 48. | Calls for the EU-wide exchange of best practices so that the impact on energy poverty of policies adopted in the area of energy may be monitored; |
| --- | --- |

48.

Calls for the EU-wide exchange of best practices so that the impact on energy poverty of policies adopted in the area of energy may be monitored;

| 49. | Highlights the need to address the fragmentation of the EU energy market by removing barriers and bottlenecks in the relevant legislative frameworks and in the system of access to public and private funds for project development and implementation; |
| --- | --- |

49.

Highlights the need to address the fragmentation of the EU energy market by removing barriers and bottlenecks in the relevant legislative frameworks and in the system of access to public and private funds for project development and implementation;

o

o o

| 50. | Instructs its President to forward this resolution to the Council, the Commission and the Committee of the Regions. |
| --- | --- |

50.

Instructs its President to forward this resolution to the Council, the Commission and the Committee of the Regions.

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| 30.12.2015 | EN | Official Journal of the European Union | C 440/74 |
| --- | --- | --- | --- |

30.12.2015

EN

Official Journal of the European Union

C 440/74

---

P7_TA(2013)0018

Feasibility of introducing stability bonds

European Parliament resolution of 16 January 2013 on the feasibility of introducing Stability Bonds (2012/2028(INI))

(2015/C 440/11)

The European Parliament,

| — | having regard to the enhanced economic governance framework of the Union, including the six-pack, Parliament’s agreed-upon proposals for the two-pack and the communitarised fiscal compact in accordance with Article 16 of the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union (TSCG); |
| --- | --- |

—

having regard to the enhanced economic governance framework of the Union, including the six-pack, Parliament’s agreed-upon proposals for the two-pack and the communitarised fiscal compact in accordance with Article 16 of the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union (TSCG);

| — | having regard to the two reports of the President of the European Council entitled ‘Towards a Genuine Economic and Monetary Union’ issued on 26 June 2012 (1) and 12 October 2012 (2), respectively; |
| --- | --- |

—

having regard to the two reports of the President of the European Council entitled ‘Towards a Genuine Economic and Monetary Union’ issued on 26 June 2012 (1) and 12 October 2012 (2), respectively;

| — | having regard to the conclusions of the European Council of 28—29 June 2012 exploring ways of improving the economic and financial architecture of the eurozone (3); |
| --- | --- |

—

having regard to the conclusions of the European Council of 28—29 June 2012 exploring ways of improving the economic and financial architecture of the eurozone (3);

| — | having regard to Article 125 of the Treaty on the Functioning of the European Union (TFEU); |
| --- | --- |

—

having regard to Article 125 of the Treaty on the Functioning of the European Union (TFEU);

| — | having regard to its resolution of 18 November 2008 on the theme ‘EMU@10: The first 10 years of Economic and Monetary Union and future challenges’ (4), |
| --- | --- |

—

having regard to its resolution of 18 November 2008 on the theme ‘EMU@10: The first 10 years of Economic and Monetary Union and future challenges’ (4),

| — | having regard to its resolution of 6 July 2011 on the financial, economic and social crisis: recommendations concerning the measures and initiatives to be taken (5), |
| --- | --- |

—

having regard to its resolution of 6 July 2011 on the financial, economic and social crisis: recommendations concerning the measures and initiatives to be taken (5),

| — | having regard to the Commission Green Paper of 23 November 2011 on the feasibility of introducing Stability Bonds (COM(2011)0818), |
| --- | --- |

—

having regard to the Commission Green Paper of 23 November 2011 on the feasibility of introducing Stability Bonds (COM(2011)0818),

| — | having regard to its resolution of 15 February 2012 on the feasibility of introducing Stability Bonds (6), |
| --- | --- |

—

having regard to its resolution of 15 February 2012 on the feasibility of introducing Stability Bonds (6),

| — | having regard to the roadmap annexed to this resolution, |
| --- | --- |

—

having regard to the roadmap annexed to this resolution,

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

—

having regard to Rule 48 of its Rules of Procedure,

| — | having regard to the report of the Committee on Economic and Monetary Affairs and the opinions of the Committee on the Internal Market and Consumer Protection and the Committee on Legal Affairs (A7-0402/2012), |
| --- | --- |

—

having regard to the report of the Committee on Economic and Monetary Affairs and the opinions of the Committee on the Internal Market and Consumer Protection and the Committee on Legal Affairs (A7-0402/2012),

| A. | whereas Parliament requested that the Commission submit a report on the possibility of introducing eurobonds, which was an integral part of the agreement between Parliament and the Council on the economic governance package (six pack); |
| --- | --- |

A.

whereas Parliament requested that the Commission submit a report on the possibility of introducing eurobonds, which was an integral part of the agreement between Parliament and the Council on the economic governance package (six pack);

| B. | whereas the Green Paper launched a broad public consultation exercise concerning the concept of stability bonds; whereas the Green Paper assesses the feasibility of common issuance of sovereign bonds by the Member States of the eurozone and discusses the required conditions; |
| --- | --- |

B.

whereas the Green Paper launched a broad public consultation exercise concerning the concept of stability bonds; whereas the Green Paper assesses the feasibility of common issuance of sovereign bonds by the Member States of the eurozone and discusses the required conditions;

| C. | whereas, without overlooking the broader Union perspective, the eurozone is in a unique situation, with participating Member States sharing a single currency but no common budgetary policy or common bond market; whereas, therefore, there are grounds for welcoming the draft proposals in the two reports entitled ‘Towards a Genuine Economic and Monetary Union’ presented by the President of the European Council, which represents a good starting point for working towards a sound and genuine EMU; |
| --- | --- |

C.

whereas, without overlooking the broader Union perspective, the eurozone is in a unique situation, with participating Member States sharing a single currency but no common budgetary policy or common bond market; whereas, therefore, there are grounds for welcoming the draft proposals in the two reports entitled ‘Towards a Genuine Economic and Monetary Union’ presented by the President of the European Council, which represents a good starting point for working towards a sound and genuine EMU;

| D. | whereas Article 125 of the TFEU prohibits Member States from assuming liabilities of other Member States; |
| --- | --- |

D.

whereas Article 125 of the TFEU prohibits Member States from assuming liabilities of other Member States;

| E. | Whereas monetary policy engaged by the European Central Bank (ECB) is not the solution to the fiscal and structural problems of Member States, and its non-standard measures have limits in their effectiveness; |
| --- | --- |

E.

Whereas monetary policy engaged by the European Central Bank (ECB) is not the solution to the fiscal and structural problems of Member States, and its non-standard measures have limits in their effectiveness;

| F. | whereas no federal state (including the United States and Germany) issues the equivalent of eurobonds such as foreseen in options 1 and 2 of the Green Book, something which elevates eurobonds to the level of a totally new concept that cannot be compared with the tried and trusted US Treasury Bonds and German Bundesanleihen; |
| --- | --- |

F.

whereas no federal state (including the United States and Germany) issues the equivalent of eurobonds such as foreseen in options 1 and 2 of the Green Book, something which elevates eurobonds to the level of a totally new concept that cannot be compared with the tried and trusted US Treasury Bonds and German Bundesanleihen;

| G. | whereas Member States face difficulties in accessing financing at reasonable rates as a result of the mistrust of the market with regard to public debt, the situation of European banks and the ability of European leaders to take definitive steps to defend and complete the single currency; |
| --- | --- |

G.

whereas Member States face difficulties in accessing financing at reasonable rates as a result of the mistrust of the market with regard to public debt, the situation of European banks and the ability of European leaders to take definitive steps to defend and complete the single currency;

| H. | whereas the crisis has demonstrated not only the interdependence between eurozone Member States but also the need for a more robust fiscal union, with effective mechanisms to correct unsustainable fiscal trajectories, macroeconomic imbalances, debt levels and the upper limits of budget balance of Member States; |
| --- | --- |

H.

whereas the crisis has demonstrated not only the interdependence between eurozone Member States but also the need for a more robust fiscal union, with effective mechanisms to correct unsustainable fiscal trajectories, macroeconomic imbalances, debt levels and the upper limits of budget balance of Member States;

| I. | whereas credible commitments to growth-friendly consolidation measures are a prerequisite for any sustainable solution of the excessive debt and deficit situation of most of the eurozone Member States; |
| --- | --- |

I.

whereas credible commitments to growth-friendly consolidation measures are a prerequisite for any sustainable solution of the excessive debt and deficit situation of most of the eurozone Member States;

| J. | whereas the mutualisation of eurozone sovereign debt cannot per se compensate for the loss of competitiveness of the euro area; |
| --- | --- |

J.

whereas the mutualisation of eurozone sovereign debt cannot per se compensate for the loss of competitiveness of the euro area;

| K. | whereas the common issuance of debt, with joint and several liabilities, and an enhanced fiscal integration, with budgetary discipline and control, are two faces of the same coin; |
| --- | --- |

K.

whereas the common issuance of debt, with joint and several liabilities, and an enhanced fiscal integration, with budgetary discipline and control, are two faces of the same coin;

| 1. | Takes note of the considerable crisis mitigation and resolution efforts, and underlines the new reinforced EMU governance framework, the latest agreements reached regarding the rescue funds and the decisions taken by the ECB; believes, however, that an agreement on a lasting solution is still needed in order to build a balanced approach that combines solidarity and responsibility within the euro area; recalls that three Member States outside the euro area have also received help to overcome their sovereign debt crisis; |
| --- | --- |

1.

Takes note of the considerable crisis mitigation and resolution efforts, and underlines the new reinforced EMU governance framework, the latest agreements reached regarding the rescue funds and the decisions taken by the ECB; believes, however, that an agreement on a lasting solution is still needed in order to build a balanced approach that combines solidarity and responsibility within the euro area; recalls that three Member States outside the euro area have also received help to overcome their sovereign debt crisis;

| 2. | Remains extremely concerned about the ongoing euro area crisis and the threat it represents to the well-being of millions of people experiencing poverty and unemployment across the EU; points out that, in order to preserve the integrity of the Economic and Monetary Union, while pursuing structural reforms and developing a fiscal capacity for the euro area that could help absorb country-specific economic shocks or facilitate such structural reforms, alternative ways to maintain access to the markets, or to reduce the cost of borrowing for Member States, need to be found that do not rely solely on rescue mechanisms such as the ESM and EFSF; |
| --- | --- |

2.

Remains extremely concerned about the ongoing euro area crisis and the threat it represents to the well-being of millions of people experiencing poverty and unemployment across the EU; points out that, in order to preserve the integrity of the Economic and Monetary Union, while pursuing structural reforms and developing a fiscal capacity for the euro area that could help absorb country-specific economic shocks or facilitate such structural reforms, alternative ways to maintain access to the markets, or to reduce the cost of borrowing for Member States, need to be found that do not rely solely on rescue mechanisms such as the ESM and EFSF;

| 3. | Welcomes the European Council’s decision of 30 June 2012 to explore ways of improving the economic and financial architecture of the euro area while avoiding moral hazard and achieving sound and sustainable public finances; considers that a long-term vision for a stronger Union needs to be built on enhanced democratic legitimacy, based on the Community method and accompanied by a time-bound roadmap; |
| --- | --- |

3.

Welcomes the European Council’s decision of 30 June 2012 to explore ways of improving the economic and financial architecture of the euro area while avoiding moral hazard and achieving sound and sustainable public finances; considers that a long-term vision for a stronger Union needs to be built on enhanced democratic legitimacy, based on the Community method and accompanied by a time-bound roadmap;

| 4. | Notes that the European Financial Stabilisation Mechanism (EFSM), the European Financial Stability Facility (EFSF) and the European Stability Mechanism (ESM) are the most important firewalls designed so far by the EU; is mindful that the role of the ESM regarding solvency and ring-fencing issues should not be disregarded in the future; welcomes the commitment taken by the EU Council on 18—19 October 2012 that, when an effective single supervisory mechanism is established, involving the ECB, the ESM could, following a regular decision, have the possibility to recapitalise euro area banks directly; |
| --- | --- |

4.

Notes that the European Financial Stabilisation Mechanism (EFSM), the European Financial Stability Facility (EFSF) and the European Stability Mechanism (ESM) are the most important firewalls designed so far by the EU; is mindful that the role of the ESM regarding solvency and ring-fencing issues should not be disregarded in the future; welcomes the commitment taken by the EU Council on 18—19 October 2012 that, when an effective single supervisory mechanism is established, involving the ECB, the ESM could, following a regular decision, have the possibility to recapitalise euro area banks directly;

| 5. | Stresses that a credible strategy for fiscal consolidation and structural reforms throughout all Member States are necessary to restore fiscal credibility, and are essential to achieve a sustainable balance of payments and sound and sustainable public finances; sound state finances are necessary for the introduction and functioning of a common debt issuance system; |
| --- | --- |

5.

Stresses that a credible strategy for fiscal consolidation and structural reforms throughout all Member States are necessary to restore fiscal credibility, and are essential to achieve a sustainable balance of payments and sound and sustainable public finances; sound state finances are necessary for the introduction and functioning of a common debt issuance system;

| 6. | Welcomes the presentation of the Green Book, which fulfils a long-standing request of Parliament; considers that the introduction of stability bonds would be an operation at par in importance with the introduction of the single currency; |
| --- | --- |

6.

Welcomes the presentation of the Green Book, which fulfils a long-standing request of Parliament; considers that the introduction of stability bonds would be an operation at par in importance with the introduction of the single currency;

| 7. | Welcomes the fiscal consolidation and structural reform efforts undertaken by the Member States, and acknowledges the difficult and demanding efforts that are being requested from the European citizens; urges the Member States to continue to comply with commitments and agreements concluded in terms of fiscal consolidation, while taking due account of the macroeconomic context, and to improve their efforts to reduce excessive macroeconomic imbalances; |
| --- | --- |

7.

Welcomes the fiscal consolidation and structural reform efforts undertaken by the Member States, and acknowledges the difficult and demanding efforts that are being requested from the European citizens; urges the Member States to continue to comply with commitments and agreements concluded in terms of fiscal consolidation, while taking due account of the macroeconomic context, and to improve their efforts to reduce excessive macroeconomic imbalances;

| 8. | Is deeply concerned, however, that despite the efforts at reform and consolidation made by Member States, investors and players on the financial markets fail to appreciate sufficiently the efforts made so far and continue to put speculative pressure on policies, which is reflected in widening spreads and high volatility; |
| --- | --- |

8.

Is deeply concerned, however, that despite the efforts at reform and consolidation made by Member States, investors and players on the financial markets fail to appreciate sufficiently the efforts made so far and continue to put speculative pressure on policies, which is reflected in widening spreads and high volatility;

| 9. | Believes that there is an urgent need to take action with a view to endorsing a longer-term strategy for the euro area which ensures sound public finances, sustainable growth, social cohesion and high levels of employment, while preventing moral hazard and supporting convergence by moving towards fiscal union; is pleased to note that the report presented by the Presidents of the European Council, the Commission, the Euro Group and the ECB has launched a debate concerning a comprehensive, ambitious and credible strategy; |
| --- | --- |

9.

Believes that there is an urgent need to take action with a view to endorsing a longer-term strategy for the euro area which ensures sound public finances, sustainable growth, social cohesion and high levels of employment, while preventing moral hazard and supporting convergence by moving towards fiscal union; is pleased to note that the report presented by the Presidents of the European Council, the Commission, the Euro Group and the ECB has launched a debate concerning a comprehensive, ambitious and credible strategy;

| 10. | Recognises the signs of distress showing on sub-sovereign debt markets and how they link to stress in the respective Member States; |
| --- | --- |

10.

Recognises the signs of distress showing on sub-sovereign debt markets and how they link to stress in the respective Member States;

| 11. | Calls on Member States with large sub-sovereign debts to put in place mechanisms to issue common stability bonds that, linked to fiscal discipline conditionality, relieves sub-sovereign debt stress to levels equivalent to that of their Member States; |
| --- | --- |

11.

Calls on Member States with large sub-sovereign debts to put in place mechanisms to issue common stability bonds that, linked to fiscal discipline conditionality, relieves sub-sovereign debt stress to levels equivalent to that of their Member States;

| 12. | Welcomes the fact that the euro has risen to second place worldwide as a global reserve currency; points out that it is in the long-term strategic interest of the eurozone to draw every possible benefit from the single currency, such as the possibility of establishing a common liquid and diversified bond market and of reinforcing the euro as a global reserve currency; considers that this requires an integrated European financial, economic and budgetary framework; |
| --- | --- |

12.

Welcomes the fact that the euro has risen to second place worldwide as a global reserve currency; points out that it is in the long-term strategic interest of the eurozone to draw every possible benefit from the single currency, such as the possibility of establishing a common liquid and diversified bond market and of reinforcing the euro as a global reserve currency; considers that this requires an integrated European financial, economic and budgetary framework;

| 13. | Notes that an integrated budgetary framework is essential to ensure sound fiscal policy, encompassing coordination, joint decision-making, greater enforcement and commensurate steps towards common debt issuance, and that, currently, some of the proposed schemes of mutualisation of public debt may not be compatible with provisions of constitutional law in certain Member States; |
| --- | --- |

13.

Notes that an integrated budgetary framework is essential to ensure sound fiscal policy, encompassing coordination, joint decision-making, greater enforcement and commensurate steps towards common debt issuance, and that, currently, some of the proposed schemes of mutualisation of public debt may not be compatible with provisions of constitutional law in certain Member States;

| 14. | Underlines that the current situation has induced, in the short run, a ‘flight to quality’ (quest for the safest assets, even with very low returns), resulting in funding challenges for banks and other financial institutions; |
| --- | --- |

14.

Underlines that the current situation has induced, in the short run, a ‘flight to quality’ (quest for the safest assets, even with very low returns), resulting in funding challenges for banks and other financial institutions;

| 15. | Is concerned about banks holding large amounts domestic government bonds which is creating a perverse feedback effect when pressure on sovereign debt turns into pressure on banks; recalls that the diversification of assets and liabilities is a tool to ensure stability and one of the neglected advantages resulting from the internal market; |
| --- | --- |

15.

Is concerned about banks holding large amounts domestic government bonds which is creating a perverse feedback effect when pressure on sovereign debt turns into pressure on banks; recalls that the diversification of assets and liabilities is a tool to ensure stability and one of the neglected advantages resulting from the internal market;

| 16. | Stresses that all existing and future instruments or institutions which are sensu stricto or sensu lato part of the economic governance framework of the Union need to be democratically legitimised; |
| --- | --- |

16.

Stresses that all existing and future instruments or institutions which are sensu stricto or sensu lato part of the economic governance framework of the Union need to be democratically legitimised;

| 17. | Believes that the prospect of common bonds may be a strong signal to financial markets, help preserve the integrity of the EMU, underpin a return to economic stability and reduce uncertainty, provided that progress is made with EU financial and budgetary integration and supervision; reiterates its position that sequencing is a key issue, involving a binding roadmap similar to the Maastricht criteria for introducing the single currency; asks for further clarification on the Commission’s proposal to make the common debt issuance conditional, e.g. on respect for the Stability and Growth Pact; |
| --- | --- |

17.

Believes that the prospect of common bonds may be a strong signal to financial markets, help preserve the integrity of the EMU, underpin a return to economic stability and reduce uncertainty, provided that progress is made with EU financial and budgetary integration and supervision; reiterates its position that sequencing is a key issue, involving a binding roadmap similar to the Maastricht criteria for introducing the single currency; asks for further clarification on the Commission’s proposal to make the common debt issuance conditional, e.g. on respect for the Stability and Growth Pact;

| 18. | Recommends that the Commission define exit and entry criteria based on strong fiscal consolidation and budgetary discipline, while also taking into account the current crisis and the fiscal adjustments being pursued in a number of euro area countries; |
| --- | --- |

18.

Recommends that the Commission define exit and entry criteria based on strong fiscal consolidation and budgetary discipline, while also taking into account the current crisis and the fiscal adjustments being pursued in a number of euro area countries;

| 19. | Notes the positive and negative developments in the euro area since 1999 and stresses that interest-rate convergence for sovereign debt has created incentives for building up unsustainable debt levels; observes that, in the public and political debate, various possible ways of partially issuing common debt securities have been proposed, such as the pooling of certain short-term financing instruments on a limited and conditional basis (eurobills) or the gradual rollover to a European redemption fund; |
| --- | --- |

19.

Notes the positive and negative developments in the euro area since 1999 and stresses that interest-rate convergence for sovereign debt has created incentives for building up unsustainable debt levels; observes that, in the public and political debate, various possible ways of partially issuing common debt securities have been proposed, such as the pooling of certain short-term financing instruments on a limited and conditional basis (eurobills) or the gradual rollover to a European redemption fund;

| 20. | Underlines that any move towards the common issuance of bonds should take the single market perspective fully into account, ensuring that no unnecessary obstacle or imbalance is created between participating and non-participating Member States; |
| --- | --- |

20.

Underlines that any move towards the common issuance of bonds should take the single market perspective fully into account, ensuring that no unnecessary obstacle or imbalance is created between participating and non-participating Member States;

| 21. | Recalls that, even under a common bond issuance scheme, every Member State is obliged to pay back the entirety of its debt; recalls that common bond issuance is no guarantee against a Member State defaulting on its debt; |
| --- | --- |

21.

Recalls that, even under a common bond issuance scheme, every Member State is obliged to pay back the entirety of its debt; recalls that common bond issuance is no guarantee against a Member State defaulting on its debt;

| 22. | Believes that only commonly issued bonds, ensuring strict seniority status to bond holders, should be considered, in order to protect the EU taxpayers; |
| --- | --- |

22.

Believes that only commonly issued bonds, ensuring strict seniority status to bond holders, should be considered, in order to protect the EU taxpayers;

| 23. | Acknowledges that inadequate competitiveness and a failure to undertake structural reforms are crucial factors, in real economic terms, in the continuing decline in the economic situation of a country; |
| --- | --- |

23.

Acknowledges that inadequate competitiveness and a failure to undertake structural reforms are crucial factors, in real economic terms, in the continuing decline in the economic situation of a country;

| 24. | Notes that most proposals for eurobonds include ways to reduce access to the bonds for Member States whose budgetary positions spin out of control; calls, therefore, for mechanisms to be maintained that are able to help Member States that are experiencing difficulties in the form of a liquidity crisis (as opposed to a solvability crisis) and that are excluded from the common issuance of bonds; believes that the ESM should be maintained for that purpose; believes that the ESM should be made subject to the Community method; |
| --- | --- |

24.

Notes that most proposals for eurobonds include ways to reduce access to the bonds for Member States whose budgetary positions spin out of control; calls, therefore, for mechanisms to be maintained that are able to help Member States that are experiencing difficulties in the form of a liquidity crisis (as opposed to a solvability crisis) and that are excluded from the common issuance of bonds; believes that the ESM should be maintained for that purpose; believes that the ESM should be made subject to the Community method;

| 25. | Asks the Commission to elaborate further on the criteria of allocation of the loans to the Member States, as the Green Book only states that this would be done ‘according to their needs’; insists that the capacity to service the debt should be one of the central allocation criteria; |
| --- | --- |

25.

Asks the Commission to elaborate further on the criteria of allocation of the loans to the Member States, as the Green Book only states that this would be done ‘according to their needs’; insists that the capacity to service the debt should be one of the central allocation criteria;

| 26. | Points out that the Commission’s Green Book states that the upper limit of 60 % of GDP in the blue bond proposals may be too high to insure the stability of the system, and asks for further clarification concerning that limit; |
| --- | --- |

26.

Points out that the Commission’s Green Book states that the upper limit of 60 % of GDP in the blue bond proposals may be too high to insure the stability of the system, and asks for further clarification concerning that limit;

| 27. | Believes that it is essential to establish a roadmap for finding, in the short term, an exit from the current crisis, and for moving, in the long term, towards a fiscal union by completing, strengthening and deepening the economic and monetary union; |
| --- | --- |

27.

Believes that it is essential to establish a roadmap for finding, in the short term, an exit from the current crisis, and for moving, in the long term, towards a fiscal union by completing, strengthening and deepening the economic and monetary union;

| 28. | Calls on the Commission as soon as possible to present a report to Parliament and the Council examining the options for, and — if appropriate — making proposals for a roadmap towards, common issuance of public debt instruments, taking into account financial, budgetary and legal aspects; considers that, in this context and in parallel to the intermediary Van Rompuy report of 12 October 2012 , the Commission should pay particular attention to the feasibility of introducing a redemption fund which combines temporary common issuance of debt instruments, and strict rules on fiscal adjustment among those countries whose indebtedness exceeds 60 % of GDP, with the participating countries undertaking to make their repayments, in order to allow all participating countries to reduce excessive debt over a benchmark period of 25 years, which is a longer period than provided for in the renewed Stability and Growth Pact but which likewise, in practice, requires sufficient economic growth and very strict financial discipline; |
| --- | --- |

28.

Calls on the Commission as soon as possible to present a report to Parliament and the Council examining the options for, and — if appropriate — making proposals for a roadmap towards, common issuance of public debt instruments, taking into account financial, budgetary and legal aspects; considers that, in this context and in parallel to the intermediary Van Rompuy report of 12 October 2012 , the Commission should pay particular attention to the feasibility of introducing a redemption fund which combines temporary common issuance of debt instruments, and strict rules on fiscal adjustment among those countries whose indebtedness exceeds 60 % of GDP, with the participating countries undertaking to make their repayments, in order to allow all participating countries to reduce excessive debt over a benchmark period of 25 years, which is a longer period than provided for in the renewed Stability and Growth Pact but which likewise, in practice, requires sufficient economic growth and very strict financial discipline;

| 29. | Calls on the Member States to consider the issuance of common short-term debt in the form of eurobills, as referenced in the Van Rompuy report of 12 October 2012, to protect those Member States with fundamentally sustainable fiscal polices from illiquidity runs, as well as from the feedback loop between sovereign and banking crises and panic-induced negative externalities which create massive market distortions and generate implicit subsidies to Member States experiencing abnormally low interest rates on their sovereign bonds; |
| --- | --- |

29.

Calls on the Member States to consider the issuance of common short-term debt in the form of eurobills, as referenced in the Van Rompuy report of 12 October 2012, to protect those Member States with fundamentally sustainable fiscal polices from illiquidity runs, as well as from the feedback loop between sovereign and banking crises and panic-induced negative externalities which create massive market distortions and generate implicit subsidies to Member States experiencing abnormally low interest rates on their sovereign bonds;

| 30. | Urges the Member States to study the feasibility of moving towards a system of European Safe Bonds or to other proposals based on the concept of a basket of bonds; |
| --- | --- |

30.

| 31. | Considers that eurobills, which could be time- and quantity-limited, would provide the time and stability for other measures such as the Stability and Growth Pact and the ‘Two- pack’ to prove themselves, and to put in place further longer term measures for future integration of the eurozone; |
| --- | --- |

31.

| 32. | Calls on the Commission to engage in clarifying the legal restraints to the common issuance of bonds, especially Article 125 of the TFEU and its implication for three possible issuing modes: joint liability, several liability, and joint and several liability; urges the Commission to analyse the possible use of article 352/1 of the TFEU, or any other legal basis, for the implementation of a partial common debt issuance solution without a necessary Treaty change, including a surveillance and reporting framework, on the basis of Articles 121 and 136 of the TFEU, aiming at monitoring, on a quarterly basis, progress made by euro area Member States and by the euro area as a whole towards a reinforced and genuine Economic and Monetary Union, as well as aiming at coordinating the issuance of sovereign debt instruments not covered by any mutualisation framework; |
| --- | --- |

32.

| 33. | Welcomes the principles of the decision taken by the Eurogroup Summit of 29 June 2012 to ensure the stability of the euro‘in particular by using the existing EFSF/ESM instruments in a flexible and efficient manner in order to stabilise markets for Member States respecting their Country Specific Recommendations and their other commitments including their respective timelines, under the European Semester, the Stability and Growth Pact and the Macroeconomic Imbalances Procedure’; acknowledges that the conditions will be set in a memorandum of understandings and that the ECB will ‘serve as an agent to EFSF/ESM in conducting market operations in an effective and efficient manner’; |
| --- | --- |

33.

Welcomes the principles of the decision taken by the Eurogroup Summit of 29 June 2012 to ensure the stability of the euro‘in particular by using the existing EFSF/ESM instruments in a flexible and efficient manner in order to stabilise markets for Member States respecting their Country Specific Recommendations and their other commitments including their respective timelines, under the European Semester, the Stability and Growth Pact and the Macroeconomic Imbalances Procedure’; acknowledges that the conditions will be set in a memorandum of understandings and that the ECB will ‘serve as an agent to EFSF/ESM in conducting market operations in an effective and efficient manner’;

| 34. | Believes that, in parallel, there is an urgent need to recapitalise the European banking sector and to complete the single market for financial services in the EU; welcomes the proposals of the Commission to establish a single European supervisory mechanism for banking institutions as well as a single European recovery and resolution regime, ideally in parallel with the entry into force of the single supervisory mechanism; further requests that. in the future, the ESM may fund banks in difficulties directly after the single supervisory mechanism is made operational; stresses that the single supervisory mechanism needs to be accountable to Parliament and the Council for the actions and decisions taken in the field of European supervision and should report to the competent committee of Parliament; |
| --- | --- |

34.

Believes that, in parallel, there is an urgent need to recapitalise the European banking sector and to complete the single market for financial services in the EU; welcomes the proposals of the Commission to establish a single European supervisory mechanism for banking institutions as well as a single European recovery and resolution regime, ideally in parallel with the entry into force of the single supervisory mechanism; further requests that. in the future, the ESM may fund banks in difficulties directly after the single supervisory mechanism is made operational; stresses that the single supervisory mechanism needs to be accountable to Parliament and the Council for the actions and decisions taken in the field of European supervision and should report to the competent committee of Parliament;

| 35. | Reaffirms the need to implement crisis management instruments, and acknowledges that inadequate regulation of the financial sector is a significant factor in the difficult budgetary situation of a number of Member States in the euro area; |
| --- | --- |

35.

Reaffirms the need to implement crisis management instruments, and acknowledges that inadequate regulation of the financial sector is a significant factor in the difficult budgetary situation of a number of Member States in the euro area;

| 36. | Believes that the common debt issuance under separate liability, similar to the EFSF bond, risks not being sufficiently attractive for investors if some Member States participating in the scheme still lack sustainable finances; |
| --- | --- |

36.

Believes that the common debt issuance under separate liability, similar to the EFSF bond, risks not being sufficiently attractive for investors if some Member States participating in the scheme still lack sustainable finances;

| 37. | Notes that it may become necessary to choose between three scenarios: first, a single interest rate for all participating Member states, resulting in a transfer of wealth between countries; second, a differentiated interest rate; and third, a single rate associated to a compensation scheme such as floated by the Commission, where Member States with lower ratings financially compensate those with better ratings; |
| --- | --- |

37.

Notes that it may become necessary to choose between three scenarios: first, a single interest rate for all participating Member states, resulting in a transfer of wealth between countries; second, a differentiated interest rate; and third, a single rate associated to a compensation scheme such as floated by the Commission, where Member States with lower ratings financially compensate those with better ratings;

| 38. | Asks the Commission to elaborate further its option to establish a system of differentiation of the interest rates between Member States with divergent ratings, especially in order to clarify how and by whom these ratings are established once market mechanisms are neutralised by the introduction of common bonds; |
| --- | --- |

38.

Asks the Commission to elaborate further its option to establish a system of differentiation of the interest rates between Member States with divergent ratings, especially in order to clarify how and by whom these ratings are established once market mechanisms are neutralised by the introduction of common bonds;

| 39. | Shares the view expressed by the Commission in its Green Paper that the stability of a eurobond system cannot rely solely on the shoulders of a small number of Member States with sustainable finances, and that such system would require a strengthened fiscal union, and stronger budgetary discipline and control, if it is to prevent moral hazard; |
| --- | --- |

39.

Shares the view expressed by the Commission in its Green Paper that the stability of a eurobond system cannot rely solely on the shoulders of a small number of Member States with sustainable finances, and that such system would require a strengthened fiscal union, and stronger budgetary discipline and control, if it is to prevent moral hazard;

| 40. | Believes that if a system of mutualisation of debt is deemed possible, and is well interwoven in a stability-oriented framework, a Treaty change should be envisaged in the roadmap to a genuine Economic and Monetary Union, which could result in the issuance of bonds under joint and several liability; |
| --- | --- |

40.

Believes that if a system of mutualisation of debt is deemed possible, and is well interwoven in a stability-oriented framework, a Treaty change should be envisaged in the roadmap to a genuine Economic and Monetary Union, which could result in the issuance of bonds under joint and several liability;

| 41. | Believes that a system of partial substitution of national issuance (such as the blue/red bonds) might, on the one hand, reduce the cost of borrowing for those Member States that have sound and sustainable public finances, and, on the other hand, create an incentive for those with excessive debt to reduce it, as the risk associated with red bonds would be higher and interest rates would increase; |
| --- | --- |

41.

Believes that a system of partial substitution of national issuance (such as the blue/red bonds) might, on the one hand, reduce the cost of borrowing for those Member States that have sound and sustainable public finances, and, on the other hand, create an incentive for those with excessive debt to reduce it, as the risk associated with red bonds would be higher and interest rates would increase;

| 42. | Calls on the Commission, in cooperation, where appropriate, with the ECB and the European Banking Authority (EBA), and in consultation with the Council and Parliament, to assess carefully all the technicalities linked to any scheme such as: guarantees, tranching and pooling structures, potential collaterals, the balance between rule-based and market based-fiscal discipline, additional safeguards (notably in terms of participation to any scheme), restructuring, issuance, relations with existing stability mechanisms, the investor base, the regulatory requirements (e.g. capital adequacy), phase-in coverage of debt and maturity; urges the Commission to reflect on a legitimate and appropriate form for governance and accountability; |
| --- | --- |

42.

Calls on the Commission, in cooperation, where appropriate, with the ECB and the European Banking Authority (EBA), and in consultation with the Council and Parliament, to assess carefully all the technicalities linked to any scheme such as: guarantees, tranching and pooling structures, potential collaterals, the balance between rule-based and market based-fiscal discipline, additional safeguards (notably in terms of participation to any scheme), restructuring, issuance, relations with existing stability mechanisms, the investor base, the regulatory requirements (e.g. capital adequacy), phase-in coverage of debt and maturity; urges the Commission to reflect on a legitimate and appropriate form for governance and accountability;

| 43. | Stresses that following the implementation of short-term measures to exit the crisis, and among the first steps of the binding roadmap, any follow-up must be undertaken on the basis of the ordinary legislative procedure, with full democratic accountability to be held on the level where the decision is taken; points out to the Commission that it may, when preparing its proposals, establish a temporary body composed of Members of the European Parliament and representatives of the Member States and of the ECB; recalls that it will make full use of its prerogatives and rights of initiative, including its right to initiate Treaty change; takes the view that this body should also look at the possibility of issuing genuine federal bonds in conjunction with an enhanced European budget; |
| --- | --- |

43.

Stresses that following the implementation of short-term measures to exit the crisis, and among the first steps of the binding roadmap, any follow-up must be undertaken on the basis of the ordinary legislative procedure, with full democratic accountability to be held on the level where the decision is taken; points out to the Commission that it may, when preparing its proposals, establish a temporary body composed of Members of the European Parliament and representatives of the Member States and of the ECB; recalls that it will make full use of its prerogatives and rights of initiative, including its right to initiate Treaty change; takes the view that this body should also look at the possibility of issuing genuine federal bonds in conjunction with an enhanced European budget;

| 44. | Stresses that the Commission should study the feasibility of each and all of the options presented in the Annex to this resolution (both phase 1 and phase 2), as these options are not necessarily alternative but can be, under certain circumstances, cumulative; |
| --- | --- |

44.

Stresses that the Commission should study the feasibility of each and all of the options presented in the Annex to this resolution (both phase 1 and phase 2), as these options are not necessarily alternative but can be, under certain circumstances, cumulative;

| 45. | Is aware that an ever increasing number of proposals for the mutualisation of debt are being made, especially in the academic field; notes that these proposals vary considerably; |
| --- | --- |

45.

Is aware that an ever increasing number of proposals for the mutualisation of debt are being made, especially in the academic field; notes that these proposals vary considerably;

| 46. | Shares the Commission’s concerns with regard to accounting issues relating to the treatment of stability bonds under national law; urges the Commission to assess comprehensively the impact of different guarantee structures for stability bonds on national debt-to-GDP ratios; |
| --- | --- |

46.

Shares the Commission’s concerns with regard to accounting issues relating to the treatment of stability bonds under national law; urges the Commission to assess comprehensively the impact of different guarantee structures for stability bonds on national debt-to-GDP ratios;

| 47. | Notes the moral hazard problem referred to by the Commission in the Green Paper, but, nonetheless, considers it necessary to perform a thorough analysis of the moral hazard problem in order to be able to draw the right conclusions and to find the appropriate solutions, if possible; |
| --- | --- |

47.

Notes the moral hazard problem referred to by the Commission in the Green Paper, but, nonetheless, considers it necessary to perform a thorough analysis of the moral hazard problem in order to be able to draw the right conclusions and to find the appropriate solutions, if possible;

| 48. | Believes that the problem of moral hazard could be overcome with a good definition of guarantees and incentive mechanisms for fiscal discipline; |
| --- | --- |

48.

Believes that the problem of moral hazard could be overcome with a good definition of guarantees and incentive mechanisms for fiscal discipline;

| 49. | Instructs its President to forward this resolution to the Council, the Commission and the European Central Bank. |
| --- | --- |

49.

Instructs its President to forward this resolution to the Council, the Commission and the European Central Bank.

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(1)  http://ec.europa.eu/economy_finance/focuson/crisis/documents/131201_en.pdf

(2)  http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/ec/132809.pdf

(3)  http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/ec/131359.pdf

(4)  OJ C 16 E, 22.1.2010, p. 8.

(5)  Texts adopted, P7_TA(2011)0331.

(6)  Texts adopted, P7_TA(2012)0046.

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ANNEX

The Roadmap

Hereafter is a possible path made of a series of steps that are not necessarily sequential, cumulative or mutually exclusive.

Step 1 —   Immediate measures to exit the crisis

1.   Setting up of a temporary European redemption fund to reduce debt to sustainable levels at affordable interest rates

The Commission makes a proposal for the immediate setting up of a temporary European redemption fund along the following principles:

| — | one-off transfer of debt amounts above the Maastricht reference value of 60 % of GDP to a common fund subject to joint and several liability through a roll-in phase of five years; such transfer should be phased and start with the transfer of only 10 % of the debt above the Maastricht threshold of 60 % of the GDP; subsequent transfers should be gradual; |
| --- | --- |

—

one-off transfer of debt amounts above the Maastricht reference value of 60 % of GDP to a common fund subject to joint and several liability through a roll-in phase of five years; such transfer should be phased and start with the transfer of only 10 % of the debt above the Maastricht threshold of 60 % of the GDP; subsequent transfers should be gradual;

| — | limit participation to Member States without full adjustment programme; provide for a phasing in of Member States that have successfully completed an adjustment programme; The bridge for participation for Member States under an adjustment programme shall be properly assessed; |
| --- | --- |

—

limit participation to Member States without full adjustment programme; provide for a phasing in of Member States that have successfully completed an adjustment programme; The bridge for participation for Member States under an adjustment programme shall be properly assessed;

| — | oblige Member States to autonomously redeem the transferred debt over a benchmark period of 25 years; |
| --- | --- |

—

oblige Member States to autonomously redeem the transferred debt over a benchmark period of 25 years;

| — | apply strict conditions which could take the form of (i) posting collateral; (ii) commit to fiscal consolidations plans and structural reforms; |
| --- | --- |

—

apply strict conditions which could take the form of (i) posting collateral; (ii) commit to fiscal consolidations plans and structural reforms;

| — | implement the numerical fiscal rules of the reinforced EMU framework to limit the debts that remain exclusively with the participating Member States at a maximum of 60 % of GDP; |
| --- | --- |

—

implement the numerical fiscal rules of the reinforced EMU framework to limit the debts that remain exclusively with the participating Member States at a maximum of 60 % of GDP;

| — | strengthen the co-ordination by implementing the new framework of economic governance together with a reinforced EU 2020 agenda and a binding structural reform agenda monitored by the Commission; |
| --- | --- |

—

strengthen the co-ordination by implementing the new framework of economic governance together with a reinforced EU 2020 agenda and a binding structural reform agenda monitored by the Commission;

| — | provide for transparent and predictable exit procedures for Member States. Staying should be incentivised and therefore exit should be costly; failure to respect commitments during the roll-in phase should immediately stop the roll-in phase and failure to respect commitments at any time should forfeit the collateral deposited with the Fund. |
| --- | --- |

—

provide for transparent and predictable exit procedures for Member States. Staying should be incentivised and therefore exit should be costly; failure to respect commitments during the roll-in phase should immediately stop the roll-in phase and failure to respect commitments at any time should forfeit the collateral deposited with the Fund.

2.   Introducing eurobills to protect Member States from illiquidity runs

The Commission makes a proposal for the immediate setting up of a system for the issuance of common short-term debt along the following principles:

| — | establish an agency or use an already existing entity to issue eurobills with the participation of all eurozone Member States without full adjustment programmes; provide for a phasing in of Member States that have successfully completed their adjustment programmes; |
| --- | --- |

—

establish an agency or use an already existing entity to issue eurobills with the participation of all eurozone Member States without full adjustment programmes; provide for a phasing in of Member States that have successfully completed their adjustment programmes;

| — | those Member States that do not comply with the rules set-out in the Stability and Growth Pact might pay a penalty interest rate; |
| --- | --- |

—

those Member States that do not comply with the rules set-out in the Stability and Growth Pact might pay a penalty interest rate;

| — | maximum maturity of eurobills (amounting to maximum 10 % of GDP), which allows for continued monitoring and due to short term maturity frequent renewal of guarantees; |
| --- | --- |

—

maximum maturity of eurobills (amounting to maximum 10 % of GDP), which allows for continued monitoring and due to short term maturity frequent renewal of guarantees;

| — | eurobills replace all short-term debt to be issued by Member States which consequently remain solely responsible for issuing their own debt for longer maturities which should be monitored and limited according to each country needs, fiscal situation and debt ratio; |
| --- | --- |

—

eurobills replace all short-term debt to be issued by Member States which consequently remain solely responsible for issuing their own debt for longer maturities which should be monitored and limited according to each country needs, fiscal situation and debt ratio;

| — | adopt measures for the coordination of the issuance of sovereign debt instruments non covered by any mutualisation framework; |
| --- | --- |

—

adopt measures for the coordination of the issuance of sovereign debt instruments non covered by any mutualisation framework;

| — | provide for participation by national parliaments as foreseen by constitutional rules of the Member State concerned; |
| --- | --- |

—

provide for participation by national parliaments as foreseen by constitutional rules of the Member State concerned;

The Commission should take into account the conclusions drawn by the final Van Rompuy report on a genuine Economic and Monetary Union.

Step 2 —   Partial common issuance — Introducing Blue bonds: annual allocated debt ≤ 60 % of GDP to be issued without a Treaty change

The Commission shall study and report its conclusions to the European Parliament on the possibility of proposals for the setting up of a system for the allocation of debt below 60 % of GDP to be issued in common, which is safeguarded by national debt brakes or other adequate mechanisms to avoid moral hazard according to principles such as:

| — | limit participation to Member States that comply with the Stability and Growth Pact and the communitarised fiscal compact in accordance with Article 16 of the TSCG and are not under a full adjustment programme; |
| --- | --- |

—

limit participation to Member States that comply with the Stability and Growth Pact and the communitarised fiscal compact in accordance with Article 16 of the TSCG and are not under a full adjustment programme;

| — | strictly limit the amount of debt to be issued under joint and several liabilities to a part of less than 60 % of GDP by prohibiting participating Member States from issuing senior debt outside the common issuance; |
| --- | --- |

—

strictly limit the amount of debt to be issued under joint and several liabilities to a part of less than 60 % of GDP by prohibiting participating Member States from issuing senior debt outside the common issuance;

| — | the ultimate decision on the allocation of Blue Bonds and their corresponding guarantees will have to be taken by the national parliaments of all the participating countries; |
| --- | --- |

—

the ultimate decision on the allocation of Blue Bonds and their corresponding guarantees will have to be taken by the national parliaments of all the participating countries;

| — | require participating Member States to post collateral; |
| --- | --- |

—

require participating Member States to post collateral;

| — | design an allocation mechanism taking into account the respect of the fiscal discipline, the economic cycle, historic spreads and weighted by borrowing requirements. |
| --- | --- |

—

design an allocation mechanism taking into account the respect of the fiscal discipline, the economic cycle, historic spreads and weighted by borrowing requirements.

Step 3 —   Full common issuance of national debt involving a Treaty change

On the basis of the work of the committee, and after all eventual changes to the EU legal framework and, if necessary, a Treaty change and taking into account where necessary Member States’ constitutional changes, if appropriate, the Commission puts forward proposals for the setting up of a system for the common issuance of bonds according to the following principles:

| — | limit participation to Member States which comply with the conditions as set out in phase 2; |
| --- | --- |

—

limit participation to Member States which comply with the conditions as set out in phase 2;

| — | establish a European debt agency for the issuance of bonds, |
| --- | --- |

—

establish a European debt agency for the issuance of bonds,

| — | establish appropriate, democratically legitimate institutions which would among others be in charge of the surveillance and coordination of national fiscal policies and the competitiveness agenda, as well as the external representation of the euro area in international financial institutions; |
| --- | --- |

—

establish appropriate, democratically legitimate institutions which would among others be in charge of the surveillance and coordination of national fiscal policies and the competitiveness agenda, as well as the external representation of the euro area in international financial institutions;

Step 4 —   Common issuance of a genuine European debt in conjunction with an enhanced European budget involving a Treaty change

The Commission, after having prepared all eventual changes to the EU legal framework and where appropriate euro area legal framework, puts forward proposals for possible issuance of bonds to finance EU investments for EU public goods (e.g. infrastructure, research and development, etc.), to facilitate adjustments to country-specific shocks by providing for some degree of absorption at the central level, to facilitate structural reforms that improve competitiveness and potential growth in relation to an integrated economic policy framework.

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Thursday 17 January 2013

| 30.12.2015 | EN | Official Journal of the European Union | C 440/83 |
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30.12.2015

EN

Official Journal of the European Union

C 440/83

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P7_TA(2013)0022

Iraq

European Parliament resolution of 17 January 2013 on the EU-Iraq Partnership and Cooperation Agreement (2012/2850(RSP))

(2015/C 440/12)

The European Parliament,

| — | having regard to the Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Iraq, of the other part (1), |
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having regard to the Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Iraq, of the other part (1),

| — | having regard to the Fourth Geneva Convention of 12 August 1949 relative to the Protection of Civilian Persons in Time of War, and to Additional Protocols I and II thereto, |
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—

having regard to the Fourth Geneva Convention of 12 August 1949 relative to the Protection of Civilian Persons in Time of War, and to Additional Protocols I and II thereto,

| — | having regard to UN Security Council resolution 1325 (2000) of 31 October 2000 on women, peace and security, |
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—

having regard to UN Security Council resolution 1325 (2000) of 31 October 2000 on women, peace and security,

| — | having regard to the statute changes of the ICC, adopted at the ICC Review Conference in Kampala on 11 June 2010, which include a definition of the ‘crime of aggression’, |
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—

having regard to the statute changes of the ICC, adopted at the ICC Review Conference in Kampala on 11 June 2010, which include a definition of the ‘crime of aggression’,

| — | having regard to the European Security Strategy of 12 December 2003 entitled ‘A secure Europe in a better world’, |
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—

having regard to the European Security Strategy of 12 December 2003 entitled ‘A secure Europe in a better world’,

| — | having regard to the European Consensus on Development of 22 November 2005, |
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—

having regard to the European Consensus on Development of 22 November 2005,

| — | having regard to Council Joint Action 2005/190/CFSP of 7 March 2005 on ‘the European Union Integrated Rule of Law Mission for Iraq, EUJUST LEX’, adopted under the European Security and Defence Policy (ESDP), and to the subsequent joint actions modifying and extending the mandate for the mission, |
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—

having regard to Council Joint Action 2005/190/CFSP of 7 March 2005 on ‘the European Union Integrated Rule of Law Mission for Iraq, EUJUST LEX’, adopted under the European Security and Defence Policy (ESDP), and to the subsequent joint actions modifying and extending the mandate for the mission,

| — | having regard to the Commission communication of 7 June 2006 entitled ‘Recommendations for renewed European engagement with Iraq’ (COM(2006)0283), |
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—

having regard to the Commission communication of 7 June 2006 entitled ‘Recommendations for renewed European engagement with Iraq’ (COM(2006)0283),

| — | having regard to its resolution of 1 June 2006 on the situation of women in armed conflicts and their role in the reconstruction and democratic process in post-conflict countries (2), |
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—

having regard to its resolution of 1 June 2006 on the situation of women in armed conflicts and their role in the reconstruction and democratic process in post-conflict countries (2),

| — | having regard to the International Covenant for Iraq adopted in Sharm el-Sheikh (Egypt) on 3 May 2007, |
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—

having regard to the International Covenant for Iraq adopted in Sharm el-Sheikh (Egypt) on 3 May 2007,

| — | having regard to its recommendation to the Council of 13 March 2008 on the European Union’s role in Iraq (3) and to its resolution of 25 November 2010 on ‘Iraq: the death penalty (notably the case of Tariq Aziz) and attacks against Christian communities’ (4), |
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—

having regard to its recommendation to the Council of 13 March 2008 on the European Union’s role in Iraq (3) and to its resolution of 25 November 2010 on ‘Iraq: the death penalty (notably the case of Tariq Aziz) and attacks against Christian communities’ (4),

| — | having regard to the Council conclusions of 22 November 2010, |
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having regard to the Council conclusions of 22 November 2010,

| — | having regard to UN Security Council resolutions 1956 (2010), 1957 (2010) and 1958 (2010) of 15 December 2010, |
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—

having regard to UN Security Council resolutions 1956 (2010), 1957 (2010) and 1958 (2010) of 15 December 2010,

| — | having regard to its resolution of 20 January 2011 on the situation of Christians in the context of freedom of religion (5), |
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—

having regard to its resolution of 20 January 2011 on the situation of Christians in the context of freedom of religion (5),

| — | having regard to the Commission’s Joint Strategy Paper for Iraq (2011-2013), |
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—

having regard to the Commission’s Joint Strategy Paper for Iraq (2011-2013),

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

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

| A. | whereas since 2005 the Republic of Iraq has held three multi-party elections, adopted a constitution by referendum, created the basis for a federal state and invested effort in attempting to build democratic institutions and achieve reconstruction and normalisation; |
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A.

whereas since 2005 the Republic of Iraq has held three multi-party elections, adopted a constitution by referendum, created the basis for a federal state and invested effort in attempting to build democratic institutions and achieve reconstruction and normalisation;

| B. | whereas Europe and Iraq are linked by thousands of years of mutual cultural influences and a common history; |
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B.

whereas Europe and Iraq are linked by thousands of years of mutual cultural influences and a common history;

| C. | whereas on 21 December 2010 all the political forces in Iraq reached an agreement on the formation of a national unity government in keeping with the will of the Iraqi people as expressed in the elections held on 7 March 2010; whereas this agreement has not yet been implemented by the Iraqi Government; whereas the lack of implementation is contributing to the fragility and fragmentation of Iraq; |
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C.

whereas on 21 December 2010 all the political forces in Iraq reached an agreement on the formation of a national unity government in keeping with the will of the Iraqi people as expressed in the elections held on 7 March 2010; whereas this agreement has not yet been implemented by the Iraqi Government; whereas the lack of implementation is contributing to the fragility and fragmentation of Iraq;

| D. | whereas Iraq has long been home to a variety of religious groups, including Sunni and Shiite Muslims, Christians, Jews, Mandaeans and Yazidis, as well as to a significant, non-sectarian secular middle class; |
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D.

whereas Iraq has long been home to a variety of religious groups, including Sunni and Shiite Muslims, Christians, Jews, Mandaeans and Yazidis, as well as to a significant, non-sectarian secular middle class;

| E. | whereas 800 000 Christian Iraqi citizens (Chaldeans, Syriacs and members of other Christian minorities) were living in Iraq in 2003, and whereas they constitute an ancient, native population group which is now facing serious danger of persecution and exile; whereas hundreds of thousands of Christians have fled the violence of which they continue to be the target, either leaving their country completely or being displaced within its borders; |
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E.

whereas 800 000 Christian Iraqi citizens (Chaldeans, Syriacs and members of other Christian minorities) were living in Iraq in 2003, and whereas they constitute an ancient, native population group which is now facing serious danger of persecution and exile; whereas hundreds of thousands of Christians have fled the violence of which they continue to be the target, either leaving their country completely or being displaced within its borders;

| F. | whereas local elections are scheduled to take place in 2013, and parliamentary elections in 2014; |
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F.

whereas local elections are scheduled to take place in 2013, and parliamentary elections in 2014;

| G. | whereas, contrary to the worldwide trend towards the abolition of the death penalty, the number of executions in Iraq is increasing; whereas serious concerns are being expressed by, among others, the UN High Commissioner for Human Rights, Navi Pillay, about the failure of trials leading to the death penalty to be consistent with international fair trial safeguards, including issues such as the lack of transparency in court proceedings and instances where ‘confessions’ were obtained under torture or other forms of ill-treatment of the defendants; whereas capital punishment is a cruel and inhumane form of punishment and absolute priority should be given to political dialogue with the Iraqi authorities on the abolition of the death penalty; |
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G.

whereas, contrary to the worldwide trend towards the abolition of the death penalty, the number of executions in Iraq is increasing; whereas serious concerns are being expressed by, among others, the UN High Commissioner for Human Rights, Navi Pillay, about the failure of trials leading to the death penalty to be consistent with international fair trial safeguards, including issues such as the lack of transparency in court proceedings and instances where ‘confessions’ were obtained under torture or other forms of ill-treatment of the defendants; whereas capital punishment is a cruel and inhumane form of punishment and absolute priority should be given to political dialogue with the Iraqi authorities on the abolition of the death penalty;

| H. | whereas the crisis in Syria has created new substantial flows towards Iraq of refugees and returnees, who are now faced with significant personal and economic uncertainty and conditions of high vulnerability in Iraq; |
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H.

whereas the crisis in Syria has created new substantial flows towards Iraq of refugees and returnees, who are now faced with significant personal and economic uncertainty and conditions of high vulnerability in Iraq;

| I. | whereas it is important for the EU Delegation in Baghdad to have the necessary funds and resources to be fully operational and able to play a significant role in supporting the democratic process, promoting the rule of law and human rights and assisting the Iraqi authorities and people with the process of reconstruction, stabilisation and normalisation; and whereas a detached office in Erbil could significantly increase the operational effectiveness of the EU Delegation in Baghdad; |
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I.

whereas it is important for the EU Delegation in Baghdad to have the necessary funds and resources to be fully operational and able to play a significant role in supporting the democratic process, promoting the rule of law and human rights and assisting the Iraqi authorities and people with the process of reconstruction, stabilisation and normalisation; and whereas a detached office in Erbil could significantly increase the operational effectiveness of the EU Delegation in Baghdad;

| J. | whereas Iraq has been able to restore its oil productivity almost to full capacity; whereas, however, the Iraqi state continues to experience great difficulties in providing basic services, including regular electricity in the summer, clean water and decent health care; whereas, when it comes to the exploitation of Iraq’s oil resources, technical assistance, the rule of law and the full implementation of international standards for contracts and procurement will be essential in order to promote a process of social inclusion and welfare; |
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J.

whereas Iraq has been able to restore its oil productivity almost to full capacity; whereas, however, the Iraqi state continues to experience great difficulties in providing basic services, including regular electricity in the summer, clean water and decent health care; whereas, when it comes to the exploitation of Iraq’s oil resources, technical assistance, the rule of law and the full implementation of international standards for contracts and procurement will be essential in order to promote a process of social inclusion and welfare;

| K. | whereas unemployment among young men is close to 30 %, making them easy recruits for criminal gangs and militia factions; whereas the fight against corruption should remain a key objective of the Iraqi authorities; whereas the EU should do everything in its power to create strong incentives for European companies to support anti-corruption measures in Iraq; whereas the Iraqi authorities should use the country’s oil revenues as a tool and an opportunity for sustainable social and economic reconstruction benefiting Iraqi society at large, and should promote a process of democratic reforms; |
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K.

whereas unemployment among young men is close to 30 %, making them easy recruits for criminal gangs and militia factions; whereas the fight against corruption should remain a key objective of the Iraqi authorities; whereas the EU should do everything in its power to create strong incentives for European companies to support anti-corruption measures in Iraq; whereas the Iraqi authorities should use the country’s oil revenues as a tool and an opportunity for sustainable social and economic reconstruction benefiting Iraqi society at large, and should promote a process of democratic reforms;

| L. | whereas, following the withdrawal of US military forces from Iraq at the end of 2011, the Iraqi security forces have a crucial role to play for the stability and long-term sustainability of the country; |
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L.

whereas, following the withdrawal of US military forces from Iraq at the end of 2011, the Iraqi security forces have a crucial role to play for the stability and long-term sustainability of the country;

| M. | whereas, according to the Office of the United Nations High Commissioner for Refugees (UNHCR), to date 1 500 000 Iraqis have been displaced within the country, 500 000 of whom are homeless, and 230 000 have sought refuge in neighbouring countries, chiefly Syria and Jordan; |
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M.

whereas, according to the Office of the United Nations High Commissioner for Refugees (UNHCR), to date 1 500 000 Iraqis have been displaced within the country, 500 000 of whom are homeless, and 230 000 have sought refuge in neighbouring countries, chiefly Syria and Jordan;

| N. | whereas Iraqi Kurdistan is a relatively peaceful and stable part of Iraq, where levels of international development cooperation and private investment are increasing; |
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N.

whereas Iraqi Kurdistan is a relatively peaceful and stable part of Iraq, where levels of international development cooperation and private investment are increasing;

| O. | whereas, despite a significant improvement in the security situation, the current rate of bombings and shootings is still high and violence occurs every day, leaving most Iraqis uncertain about their future and making it impossible to promote the economic and social integration of the Iraqi population at large; |
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O.

whereas, despite a significant improvement in the security situation, the current rate of bombings and shootings is still high and violence occurs every day, leaving most Iraqis uncertain about their future and making it impossible to promote the economic and social integration of the Iraqi population at large;

| P. | whereas, with a view to promoting stability in the region, the European Union should take on its share of the responsibility for building a new, democratic Iraq, and whereas EU policy towards Iraq should reflect the broader context of the Union’s strategic partnership with its southern neighbourhood and the Middle East; |
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P.

whereas, with a view to promoting stability in the region, the European Union should take on its share of the responsibility for building a new, democratic Iraq, and whereas EU policy towards Iraq should reflect the broader context of the Union’s strategic partnership with its southern neighbourhood and the Middle East;

| Q. | whereas the major challenges to reconstruction and normalisation are institutional and social, i.e. the task of building institutional and administrative capacity, consolidation of the rule of law and enforcement of the law and of respect for human rights; |
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Q.

whereas the major challenges to reconstruction and normalisation are institutional and social, i.e. the task of building institutional and administrative capacity, consolidation of the rule of law and enforcement of the law and of respect for human rights;

| R. | whereas the EU should tailor the use of its resources to the specific internal, regional and humanitarian challenges facing Iraq, and whereas effectiveness, transparency and visibility are preconditions for an increased EU role in Iraq; |
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R.

whereas the EU should tailor the use of its resources to the specific internal, regional and humanitarian challenges facing Iraq, and whereas effectiveness, transparency and visibility are preconditions for an increased EU role in Iraq;

| S. | whereas since 2003 the EU and its Member States have channelled aid totalling more than EUR 1 billion to Iraq, in particular through the International Reconstruction Fund Facility for Iraq (IRFFI), and whereas the Union has played a direct role in improving the rule of law in the country since 2005, through its ESDP mission EUJUST LEX; whereas the mandate for the EUJUST LEX mission has been extended until 31 December 2013; |
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S.

whereas since 2003 the EU and its Member States have channelled aid totalling more than EUR 1 billion to Iraq, in particular through the International Reconstruction Fund Facility for Iraq (IRFFI), and whereas the Union has played a direct role in improving the rule of law in the country since 2005, through its ESDP mission EUJUST LEX; whereas the mandate for the EUJUST LEX mission has been extended until 31 December 2013;

| T. | whereas the conclusion of the partnership and cooperation agreement will provide the EU with a new contractual framework in which to develop long-term political and economic relations with Iraq and create strong foundations for the promotion and respect of human rights in the country; |
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T.

whereas the conclusion of the partnership and cooperation agreement will provide the EU with a new contractual framework in which to develop long-term political and economic relations with Iraq and create strong foundations for the promotion and respect of human rights in the country;

| U. | whereas Iraq is a potentially important partner in ensuring greater diversification of energy sources and thus contributing to Europe’s energy security; |
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U.

whereas Iraq is a potentially important partner in ensuring greater diversification of energy sources and thus contributing to Europe’s energy security;

| 1. | Welcomes the conclusion of the negotiations on the partnership and cooperation agreement between the EU and the Republic of Iraq, which establishes contractual relations between the two parties for the first time; welcomes the establishment by the partnership and cooperation agreement of a Cooperation Council, a Cooperation Committee and a Parliamentary Cooperation Committee and expects such fora to provide fresh impetus for the Union’s political involvement in Iraq at the highest level, in the form of regular political talks and the development of economic relations with the Iraqi authorities at the most senior level; |
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1.

Welcomes the conclusion of the negotiations on the partnership and cooperation agreement between the EU and the Republic of Iraq, which establishes contractual relations between the two parties for the first time; welcomes the establishment by the partnership and cooperation agreement of a Cooperation Council, a Cooperation Committee and a Parliamentary Cooperation Committee and expects such fora to provide fresh impetus for the Union’s political involvement in Iraq at the highest level, in the form of regular political talks and the development of economic relations with the Iraqi authorities at the most senior level;

| 2. | Takes the view that the political and commercial provisions of the partnership and cooperation agreement lay the foundations for regular, closer political dialogue on issues of bilateral, regional and global significance, while seeking to improve the arrangements governing trade between Iraq and the EU by lending support to Iraq’s development and reform effort, with a view to facilitating that country’s integration into the world economy; |
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2.

Takes the view that the political and commercial provisions of the partnership and cooperation agreement lay the foundations for regular, closer political dialogue on issues of bilateral, regional and global significance, while seeking to improve the arrangements governing trade between Iraq and the EU by lending support to Iraq’s development and reform effort, with a view to facilitating that country’s integration into the world economy;

| 3. | Supports the process of Iraq’s accession to the World Trade Organisation and stresses that the implementation of the partnership and cooperation agreement should make an important contribution to this process; |
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3.

Supports the process of Iraq’s accession to the World Trade Organisation and stresses that the implementation of the partnership and cooperation agreement should make an important contribution to this process;

| 4. | Stresses that the ‘essential element’ clause in the Partnership and Cooperation Agreement on countering the proliferation of weapons of mass destruction calls for the parties to play an active role in nuclear disarmament and to give their full support to the planned UN Conference on a Nuclear-Free Middle East; |
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4.

Stresses that the ‘essential element’ clause in the Partnership and Cooperation Agreement on countering the proliferation of weapons of mass destruction calls for the parties to play an active role in nuclear disarmament and to give their full support to the planned UN Conference on a Nuclear-Free Middle East;

| 5. | Welcomes the clause in the partnership and cooperation agreement concerning cooperation between the EU and Iraq in relation to the accession of Iraq to the Rome Statute of the International Criminal Court (ICC); stresses the importance of the EU providing maximum support for Iraq’s ratification of and accession to the Rome Statute as soon as possible, and for the implementation of international human rights standards and instruments as a matter of priority; calls on the Member States and on Iraq to ratify the statute changes of the ICC, adopted on 11 June 2010; applauds the clause in the partnership and cooperation agreement on cooperation in the promotion and effective protection of human rights in Iraq, with the caveat that failure by Iraq to protect, enhance and respect human rights would negatively affect cooperation and economic development programmes; stresses the importance of maintaining strict conditionality on the basis of the principle of ‘more for more’ and the need to put greater emphasis on the importance of substantial progress in relation to human rights in Iraq; welcomes the pledge by the Iraqi Government to promote effective dialogue with civil society and promote its effective participation; |
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5.

Welcomes the clause in the partnership and cooperation agreement concerning cooperation between the EU and Iraq in relation to the accession of Iraq to the Rome Statute of the International Criminal Court (ICC); stresses the importance of the EU providing maximum support for Iraq’s ratification of and accession to the Rome Statute as soon as possible, and for the implementation of international human rights standards and instruments as a matter of priority; calls on the Member States and on Iraq to ratify the statute changes of the ICC, adopted on 11 June 2010; applauds the clause in the partnership and cooperation agreement on cooperation in the promotion and effective protection of human rights in Iraq, with the caveat that failure by Iraq to protect, enhance and respect human rights would negatively affect cooperation and economic development programmes; stresses the importance of maintaining strict conditionality on the basis of the principle of ‘more for more’ and the need to put greater emphasis on the importance of substantial progress in relation to human rights in Iraq; welcomes the pledge by the Iraqi Government to promote effective dialogue with civil society and promote its effective participation;

| 6. | Emphasises that the political dialogue between the EU and the Iraqi authorities must primarily focus on matters relating to respect for human rights and fundamental freedoms, whether civic or individual, with particular reference to the continuing allegations of human rights violations and the protection of the rights of all religious and ethnic minorities, and should further focus on the strengthening of democratic institutions, the rule of law, good governance, transparent decision-making, due process and national reconciliation; urges the Iraqi Government to work for the national reconciliation of an extremely fragmented society; |
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6.

Emphasises that the political dialogue between the EU and the Iraqi authorities must primarily focus on matters relating to respect for human rights and fundamental freedoms, whether civic or individual, with particular reference to the continuing allegations of human rights violations and the protection of the rights of all religious and ethnic minorities, and should further focus on the strengthening of democratic institutions, the rule of law, good governance, transparent decision-making, due process and national reconciliation; urges the Iraqi Government to work for the national reconciliation of an extremely fragmented society;

| 7. | Stresses the need to give absolute priority to political dialogue with the Iraqi authorities on the abolition of the death penalty and support for the fundamental principles of the European Union; calls on the Iraqi Government to abolish the death penalty, as a first step, and to declare and implement immediately a moratorium on executions; |
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7.

Stresses the need to give absolute priority to political dialogue with the Iraqi authorities on the abolition of the death penalty and support for the fundamental principles of the European Union; calls on the Iraqi Government to abolish the death penalty, as a first step, and to declare and implement immediately a moratorium on executions;

| 8. | Welcomes the establishment by the partnership and cooperation agreement of the Parliamentary Cooperation Committee, which will be a forum for the Iraqi parliament and the European Parliament to meet and exchange views, will be informed of the recommendations of the Cooperation Council and will make recommendations to that Council; supports this important parliamentary dimension and takes the view that such a committee will provide a valuable opportunity for democratic dialogue and the provision of support for democracy in Iraq; |
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8.

Welcomes the establishment by the partnership and cooperation agreement of the Parliamentary Cooperation Committee, which will be a forum for the Iraqi parliament and the European Parliament to meet and exchange views, will be informed of the recommendations of the Cooperation Council and will make recommendations to that Council; supports this important parliamentary dimension and takes the view that such a committee will provide a valuable opportunity for democratic dialogue and the provision of support for democracy in Iraq;

| 9. | Reiterates its commitment to the development of parliamentary democracy and recalls its initiative, under the 2008 budget, of providing support for the establishment of democracy in cooperation with third-country parliaments; reiterates its willingness to support actively the Iraqi Council of Representatives by proposing initiatives aimed at enhancing the ability of elected Iraqi representatives to fulfil their constitutional role and fostering the transfer of experience in the areas of effective administration and staff training; |
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9.

Reiterates its commitment to the development of parliamentary democracy and recalls its initiative, under the 2008 budget, of providing support for the establishment of democracy in cooperation with third-country parliaments; reiterates its willingness to support actively the Iraqi Council of Representatives by proposing initiatives aimed at enhancing the ability of elected Iraqi representatives to fulfil their constitutional role and fostering the transfer of experience in the areas of effective administration and staff training;

| 10. | Stresses the importance of creating the necessary conditions for strong technical dialogue and cooperation with Iraq and the provision of continuous support to its administration, so that adequate international standards for contracts and procurement can be introduced and fully implemented, and investment opportunities enhanced; |
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10.

Stresses the importance of creating the necessary conditions for strong technical dialogue and cooperation with Iraq and the provision of continuous support to its administration, so that adequate international standards for contracts and procurement can be introduced and fully implemented, and investment opportunities enhanced;

| 11. | Calls on Iraq to ratify the Comprehensive Nuclear-Test-Ban Treaty as soon as possible; |
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11.

Calls on Iraq to ratify the Comprehensive Nuclear-Test-Ban Treaty as soon as possible;

| 12. | Applauds the opening of an EU Delegation to Iraq in Baghdad and the appointment of an EU Head of Delegation; recalls, however, the need to secure for the EU Delegation its own adequate premises and the necessary human and material resources commensurate with the EU’s stated ambition of playing a significant role in Iraq’s transition to democracy, and with a view to making the Delegation fully operational; stresses that it is essential to put the Head of Delegation in a position to travel in full security to all parts of the country to monitor the proper implementation of programmes financed by the European Union, the human rights situation and the reform process; |
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12.

Applauds the opening of an EU Delegation to Iraq in Baghdad and the appointment of an EU Head of Delegation; recalls, however, the need to secure for the EU Delegation its own adequate premises and the necessary human and material resources commensurate with the EU’s stated ambition of playing a significant role in Iraq’s transition to democracy, and with a view to making the Delegation fully operational; stresses that it is essential to put the Head of Delegation in a position to travel in full security to all parts of the country to monitor the proper implementation of programmes financed by the European Union, the human rights situation and the reform process;

| 13. | Stresses the importance for Iraq’s future of the political agreement reached by Iraqi leaders on the establishment of a national unity government which properly represents the political, religious and ethnic diversity of Iraqi society and reflects the will of the Iraqi people as expressed in the general election held on 7 March 2010; calls for the full implementation, without further delay, of that agreement and asks the political forces in Iraq to remain committed, in a spirit of unity of intent, to the process of building strong and sustainable democratic institutions, and to establish the necessary conditions for free and fair elections at both local and international level, which are essential for the process of democratic transition; notes that the implementation of that agreement may be the only viable solution with a view to starting an effective process of national reconciliation; reiterates the importance of appointing permanent ministers to the defence and interior ministries in order to prevent the concentration of power and promote democratic dialogue, oversight, political responsibility and accountability in respect of security-related policy choices; |
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13.

Stresses the importance for Iraq’s future of the political agreement reached by Iraqi leaders on the establishment of a national unity government which properly represents the political, religious and ethnic diversity of Iraqi society and reflects the will of the Iraqi people as expressed in the general election held on 7 March 2010; calls for the full implementation, without further delay, of that agreement and asks the political forces in Iraq to remain committed, in a spirit of unity of intent, to the process of building strong and sustainable democratic institutions, and to establish the necessary conditions for free and fair elections at both local and international level, which are essential for the process of democratic transition; notes that the implementation of that agreement may be the only viable solution with a view to starting an effective process of national reconciliation; reiterates the importance of appointing permanent ministers to the defence and interior ministries in order to prevent the concentration of power and promote democratic dialogue, oversight, political responsibility and accountability in respect of security-related policy choices;

| 14. | Expresses concern at the growing sectarian tensions and deep lack of trust between the Iraqi Government and the opposition, which, if not remedied, may lead to the resumption of violent conflict; expresses great concern at the potential negative spill-over from the Syrian conflict into Iraq, which could exacerbate sectarian tensions in Iraq, and calls on all players in Iraq to behave responsibly and with restraint in order to avoid such a scenario; |
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14.

Expresses concern at the growing sectarian tensions and deep lack of trust between the Iraqi Government and the opposition, which, if not remedied, may lead to the resumption of violent conflict; expresses great concern at the potential negative spill-over from the Syrian conflict into Iraq, which could exacerbate sectarian tensions in Iraq, and calls on all players in Iraq to behave responsibly and with restraint in order to avoid such a scenario;

| 15. | Calls on the Iraqi Government to ensure that the country’s resources are used in a transparent and responsible way, to the benefit of the whole of the Iraqi people; |
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15.

Calls on the Iraqi Government to ensure that the country’s resources are used in a transparent and responsible way, to the benefit of the whole of the Iraqi people;

| 16. | Calls on the Commission to draft a binding corporate social responsibility (CSR) clause for consideration at one of the first meetings of the Cooperation Council, based on CSR principles as defined at international level, including in the 2010 update of the OECD Guidelines and in the standards defined by the UN, the ILO and the EU; suggests that this clause should harmonise existing standards and concepts, in order to ensure comparability and fairness, and that it should set out measures to implement these principles at EU level, such as requirements to monitor the activities of companies, their subsidiaries and supply chains, and to apply due diligence; |
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16.

Calls on the Commission to draft a binding corporate social responsibility (CSR) clause for consideration at one of the first meetings of the Cooperation Council, based on CSR principles as defined at international level, including in the 2010 update of the OECD Guidelines and in the standards defined by the UN, the ILO and the EU; suggests that this clause should harmonise existing standards and concepts, in order to ensure comparability and fairness, and that it should set out measures to implement these principles at EU level, such as requirements to monitor the activities of companies, their subsidiaries and supply chains, and to apply due diligence;

| 17. | Remains deeply concerned, however, at the continuing acts of violence perpetrated against the civilian population, vulnerable groups and all religious communities, including Christian minorities, which instil in the population a deep sense of fear and uncertainty about their future and that of their country; notes that some progress has been made in this area and calls on the Iraqi authorities to continue to improve security and public order and combat terrorism and sectarian violence throughout the country; takes the view that priority should equally be given to establishing a new legal framework which clearly defines the responsibilities and remit of the security forces and facilitates the adequate oversight of security forces, as called for in the Constitution; considers that the Council of Representatives must play an appropriate role in drafting new legislation and exercising democratic scrutiny; calls on the Iraqi authorities to step up their efforts to protect Christian minorities and all vulnerable minorities, to guarantee all Iraqi citizens the right to practise their faith or affirm their identity in freedom and safety, to take more determined measures to combat inter-ethnic and inter-religious violence, to protect the secular population and to do everything in their power to bring the perpetrators to justice, in keeping with the rule of law and international standards; believes that the partnership and cooperation agreement affords an opportunity further to promote reconciliation programmes and inter-religious dialogue aimed at restoring a sense of cohesion and partnership in Iraqi society; |
| --- | --- |

17.

Remains deeply concerned, however, at the continuing acts of violence perpetrated against the civilian population, vulnerable groups and all religious communities, including Christian minorities, which instil in the population a deep sense of fear and uncertainty about their future and that of their country; notes that some progress has been made in this area and calls on the Iraqi authorities to continue to improve security and public order and combat terrorism and sectarian violence throughout the country; takes the view that priority should equally be given to establishing a new legal framework which clearly defines the responsibilities and remit of the security forces and facilitates the adequate oversight of security forces, as called for in the Constitution; considers that the Council of Representatives must play an appropriate role in drafting new legislation and exercising democratic scrutiny; calls on the Iraqi authorities to step up their efforts to protect Christian minorities and all vulnerable minorities, to guarantee all Iraqi citizens the right to practise their faith or affirm their identity in freedom and safety, to take more determined measures to combat inter-ethnic and inter-religious violence, to protect the secular population and to do everything in their power to bring the perpetrators to justice, in keeping with the rule of law and international standards; believes that the partnership and cooperation agreement affords an opportunity further to promote reconciliation programmes and inter-religious dialogue aimed at restoring a sense of cohesion and partnership in Iraqi society;

| 18. | Draws attention to the urgent need to resolve the humanitarian problems facing the Iraqi people; emphasises the need to ensure that action coordinated between the Iraqi authorities and the international aid organisations working on the ground is taken with a view to assisting vulnerable groups, including refugees and displaced persons, protecting those groups and creating adequate conditions to ensure their security and dignity; |
| --- | --- |

18.

Draws attention to the urgent need to resolve the humanitarian problems facing the Iraqi people; emphasises the need to ensure that action coordinated between the Iraqi authorities and the international aid organisations working on the ground is taken with a view to assisting vulnerable groups, including refugees and displaced persons, protecting those groups and creating adequate conditions to ensure their security and dignity;

| 19. | Notes with concern that, according to the UNHCR, 34 000 Syrian refugees have sought refuge in Iraqi Kurdistan since the start of the war, and calls for assistance for the Iraqi authorities in managing the refugee flow into Iraq, in particular by ensuring that the refugees are accepted into the territory on humanitarian grounds and are directed to refugee camps; also urges the EU to pledge and contribute to assistance for the Government of Iraq in securing humane living conditions in such refugee camps; |
| --- | --- |

19.

Notes with concern that, according to the UNHCR, 34 000 Syrian refugees have sought refuge in Iraqi Kurdistan since the start of the war, and calls for assistance for the Iraqi authorities in managing the refugee flow into Iraq, in particular by ensuring that the refugees are accepted into the territory on humanitarian grounds and are directed to refugee camps; also urges the EU to pledge and contribute to assistance for the Government of Iraq in securing humane living conditions in such refugee camps;

| 20. | Calls on the Iraqi authorities, while acknowledging their commitment, to secure the safety of, and humane living conditions for the residents of Camp Ashraf and Camp Hurriya; asks the Member States to honour Article 105(3)(b) and (4) of the partnership and cooperation agreement between the EU and Iraq and to do everything possible to facilitate the resettlement or repatriation of the residents of Camp Hurriya on an individual basis, and according to their own free will, so that the issue of their presence on Iraqi territory can finally be settled; |
| --- | --- |

20.

Calls on the Iraqi authorities, while acknowledging their commitment, to secure the safety of, and humane living conditions for the residents of Camp Ashraf and Camp Hurriya; asks the Member States to honour Article 105(3)(b) and (4) of the partnership and cooperation agreement between the EU and Iraq and to do everything possible to facilitate the resettlement or repatriation of the residents of Camp Hurriya on an individual basis, and according to their own free will, so that the issue of their presence on Iraqi territory can finally be settled;

| 21. | Calls for the revision of the Constitution, the Penal Code and the Penal Procedural Code in order to ensure full respect for equality between men and women and for women’s rights; reaffirms the key role women can play in re-establishing the fabric of society and stresses the need for their full political participation, including in the development of national strategies, in order to take into account their perspectives; |
| --- | --- |

21.

Calls for the revision of the Constitution, the Penal Code and the Penal Procedural Code in order to ensure full respect for equality between men and women and for women’s rights; reaffirms the key role women can play in re-establishing the fabric of society and stresses the need for their full political participation, including in the development of national strategies, in order to take into account their perspectives;

| 22. | Encourages NGOs to contribute to the strengthening of democracy and human rights in Iraq by providing targeted assistance to women who are victims of violence, forced marriages, honour crimes, human trafficking and genital mutilation; |
| --- | --- |

22.

Encourages NGOs to contribute to the strengthening of democracy and human rights in Iraq by providing targeted assistance to women who are victims of violence, forced marriages, honour crimes, human trafficking and genital mutilation;

| 23. | Urges the Iraqi Parliament and Government to put in place legislation against child labour, prostitution of children and trafficking, and to guarantee compliance with the UN Convention on the Rights of the Child; |
| --- | --- |

23.

Urges the Iraqi Parliament and Government to put in place legislation against child labour, prostitution of children and trafficking, and to guarantee compliance with the UN Convention on the Rights of the Child;

| 24. | Calls for particular attention to be paid to women’s participation in the post-conflict reconstruction process and at the highest levels of political and economic life, especially for women from minority communities, who often face double discrimination on the basis of both gender and ethnic or religious identity; urges the Iraqi authorities to take the requisite measures to develop an inclusive civil society which can play a full part in the political process and to encourage an independent, pluralist and professional media sector; |
| --- | --- |

24.

Calls for particular attention to be paid to women’s participation in the post-conflict reconstruction process and at the highest levels of political and economic life, especially for women from minority communities, who often face double discrimination on the basis of both gender and ethnic or religious identity; urges the Iraqi authorities to take the requisite measures to develop an inclusive civil society which can play a full part in the political process and to encourage an independent, pluralist and professional media sector;

| 25. | Expresses great concern at the many cases of suicide by women and honour killings in connection with forced marriages, and other common instances of violence against women, such as female genital mutilation and domestic abuse; stresses the importance of introducing an adequate and effective body of laws upholding and protecting women’s and girls’ rights and social, cultural and physical integrity, of promoting full access to socio-economic integration and of eliminating discrimination against women under the law in line with the Iraqi Constitution and Iraq’s international human rights treaty obligations; |
| --- | --- |

25.

Expresses great concern at the many cases of suicide by women and honour killings in connection with forced marriages, and other common instances of violence against women, such as female genital mutilation and domestic abuse; stresses the importance of introducing an adequate and effective body of laws upholding and protecting women’s and girls’ rights and social, cultural and physical integrity, of promoting full access to socio-economic integration and of eliminating discrimination against women under the law in line with the Iraqi Constitution and Iraq’s international human rights treaty obligations;

| 26. | Welcomes the Commission’s Joint Strategy Paper (2011-2013), which marks the transition to multiannual programming of EU development cooperation on the basis of consultation with the Iraqi authorities and coordination with the other international players (World Bank, UN) active in Iraq; notes that this new approach is consistent with the main guidelines set out in its recommendation to the Council of 13 March 2008; |
| --- | --- |

26.

Welcomes the Commission’s Joint Strategy Paper (2011-2013), which marks the transition to multiannual programming of EU development cooperation on the basis of consultation with the Iraqi authorities and coordination with the other international players (World Bank, UN) active in Iraq; notes that this new approach is consistent with the main guidelines set out in its recommendation to the Council of 13 March 2008;

| 27. | Applauds the successes achieved by the EUJUST LEX mission and the implementation in Iraq, for the first time, of pilot projects coordinated with the Commission project; urges that on completion of that mission the EU should make use of all the experience gained by drawing on both the ESDP and Union instruments in order to continue to provide assistance on the ground so as to strengthen the Iraqi police and penal system; |
| --- | --- |

27.

Applauds the successes achieved by the EUJUST LEX mission and the implementation in Iraq, for the first time, of pilot projects coordinated with the Commission project; urges that on completion of that mission the EU should make use of all the experience gained by drawing on both the ESDP and Union instruments in order to continue to provide assistance on the ground so as to strengthen the Iraqi police and penal system;

| 28. | Reiterates its call for evidence to be provided of the transparency and effectiveness of Union aid to Iraq, in the form of comprehensive, regular and transparent information concerning the actual disbursement of Union aid and the uses to which it is put, in particular as regards the appropriations channelled through the IRFFI, to which the EU is the main donor; |
| --- | --- |

28.

Reiterates its call for evidence to be provided of the transparency and effectiveness of Union aid to Iraq, in the form of comprehensive, regular and transparent information concerning the actual disbursement of Union aid and the uses to which it is put, in particular as regards the appropriations channelled through the IRFFI, to which the EU is the main donor;

| 29. | Notes that the EU cooperation activities programmed in the area of social and human development seek to combat poverty, to meet basic health, education and employment needs and to promote fundamental freedoms for everyone, including the most vulnerable groups, i.e. refugees, displaced persons and all religious minorities; insists that all these activities must be implemented in such a way as to strengthen capacity and institutions, in keeping with the principles of inclusion, transparency and good governance; |
| --- | --- |

29.

Notes that the EU cooperation activities programmed in the area of social and human development seek to combat poverty, to meet basic health, education and employment needs and to promote fundamental freedoms for everyone, including the most vulnerable groups, i.e. refugees, displaced persons and all religious minorities; insists that all these activities must be implemented in such a way as to strengthen capacity and institutions, in keeping with the principles of inclusion, transparency and good governance;

| 30. | Highlights the sensitive geopolitical position of Iraq, which neighbours Syria, Iran, Turkey, Saudi Arabia and Jordan; expects Iraq to play a stabilising role in the region, in particular in view of the ongoing civil war in Syria; expects Iraq to support a democratic and inclusive transition in Syria; |
| --- | --- |

30.

Highlights the sensitive geopolitical position of Iraq, which neighbours Syria, Iran, Turkey, Saudi Arabia and Jordan; expects Iraq to play a stabilising role in the region, in particular in view of the ongoing civil war in Syria; expects Iraq to support a democratic and inclusive transition in Syria;

| 31. | Applauds the recent establishment of Iraq’s High Commission for Human Rights as an independent institution that can give meaning to the rights guaranteed in Iraq’s Constitution and play a central role in the protection of these rights; emphasises the importance of maintaining this institution’s independence from political influence and of providing adequate, secure and independent financial support for its operations; stresses the need for regular, transparent and ongoing cooperation by government organs with the Commission’s investigations; calls on the Member States to support its development through technical assistance, ongoing dialogue and the sharing of experience in relation to human rights protection efforts; |
| --- | --- |

31.

Applauds the recent establishment of Iraq’s High Commission for Human Rights as an independent institution that can give meaning to the rights guaranteed in Iraq’s Constitution and play a central role in the protection of these rights; emphasises the importance of maintaining this institution’s independence from political influence and of providing adequate, secure and independent financial support for its operations; stresses the need for regular, transparent and ongoing cooperation by government organs with the Commission’s investigations; calls on the Member States to support its development through technical assistance, ongoing dialogue and the sharing of experience in relation to human rights protection efforts;

| 32. | Instructs its President to forward this resolution to the President of the European Council, the President of the Commission, the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the presidents of the parliaments of the Member States and the Government and the Council of Representatives of the Republic of Iraq. |
| --- | --- |

32.

Instructs its President to forward this resolution to the President of the European Council, the President of the Commission, the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the presidents of the parliaments of the Member States and the Government and the Council of Representatives of the Republic of Iraq.

---

(1)  OJ L 204, 31.7.2012, p. 20.

(2)  OJ C 298 E, 8.12.2006, p. 287.

(3)  OJ C 66 E, 20.3.2009, p. 75.

(4)  OJ C 99 E, 3.4.2012, p. 115.

(5)  OJ C 136 E, 11.5.2012, p. 53.

---

| 30.12.2015 | EN | Official Journal of the European Union | C 440/89 |
| --- | --- | --- | --- |

30.12.2015

EN

Official Journal of the European Union

C 440/89

---

P7_TA(2013)0024

Implementation of IEPA between the European Community and Eastern and Southern Africa States in light of the current situation in Zimbabwe

European Parliament resolution of 17 January 2013 on the implementation of the Interim Economic Partnership Agreement (IEPA) between the European Community and the Eastern and Southern Africa States, in the light of the current situation in Zimbabwe (2013/2515(RSP))

(2015/C 440/13)

The European Parliament,

| — | having regard to the Interim Economic Partnership Agreement between Madagascar, Mauritius, the Seychelles and Zimbabwe, on the one part, and the European Community, on the other part, which has been provisionally applied since 14 May 2012, |
| --- | --- |

—

having regard to the Interim Economic Partnership Agreement between Madagascar, Mauritius, the Seychelles and Zimbabwe, on the one part, and the European Community, on the other part, which has been provisionally applied since 14 May 2012,

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

—

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

| — | having regard to the General Agreement on Tariffs and Trade (GATT), in particular Article XXIV thereof, |
| --- | --- |

—

having regard to the General Agreement on Tariffs and Trade (GATT), in particular Article XXIV thereof,

| — | having regard to the United Nations Millennium Declaration of 8 September 2000, which sets out the Millennium Development Goals (MDGs), |
| --- | --- |

—

having regard to the United Nations Millennium Declaration of 8 September 2000, which sets out the Millennium Development Goals (MDGs),

| — | having regard to its resolution of 25 March 2009 on the Interim agreement establishing a framework for an Economic Partnership Agreement between Eastern and Southern Africa States on the one part and the European Community and its Member States on the other part (1), |
| --- | --- |

—

having regard to its resolution of 25 March 2009 on the Interim agreement establishing a framework for an Economic Partnership Agreement between Eastern and Southern Africa States on the one part and the European Community and its Member States on the other part (1),

| — | having regard to the Communiqué of the Southern African Development Community Extraordinary Summit of 1 June 2012, |
| --- | --- |

—

having regard to the Communiqué of the Southern African Development Community Extraordinary Summit of 1 June 2012,

| — | having regard to the Council conclusions on Zimbabwe of 23 July 2012 and to Council Implementing Decision 2012/124/CFSP concerning restrictive measures against Zimbabwe (2), |
| --- | --- |

—

having regard to the Council conclusions on Zimbabwe of 23 July 2012 and to Council Implementing Decision 2012/124/CFSP concerning restrictive measures against Zimbabwe (2),

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

—

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

| A. | whereas the trade cooperation chapter of the Cotonou Agreement, under which the EU extended non-reciprocal trade preferences to ACP countries, expired on 31 December 2007, since when the situation has not complied with World Trade Organisation rules; |
| --- | --- |

A.

whereas the trade cooperation chapter of the Cotonou Agreement, under which the EU extended non-reciprocal trade preferences to ACP countries, expired on 31 December 2007, since when the situation has not complied with World Trade Organisation rules;

| B. | whereas economic partnership agreements (EPAs) are WTO-compatible agreements aimed at supporting regional integration through trade development, sustainable growth and poverty reduction while promoting the gradual integration of the ACP economies into the world economy; |
| --- | --- |

B.

whereas economic partnership agreements (EPAs) are WTO-compatible agreements aimed at supporting regional integration through trade development, sustainable growth and poverty reduction while promoting the gradual integration of the ACP economies into the world economy;

| C. | whereas Madagascar, Mauritius, the Seychelles and Zimbabwe are signatories to the Cotonou Agreement; whereas respect for human rights is an essential element of the development cooperation agreement between the EU and the ACP countries; |
| --- | --- |

C.

whereas Madagascar, Mauritius, the Seychelles and Zimbabwe are signatories to the Cotonou Agreement; whereas respect for human rights is an essential element of the development cooperation agreement between the EU and the ACP countries;

| D. | whereas interim economic partnership agreements (IEPAs) may be considered as a first step in the process towards full EPAs, thanks to the inclusion not only of rules on trade in goods but also of chapters on rules of origin and the protection of infant industry; |
| --- | --- |

D.

whereas interim economic partnership agreements (IEPAs) may be considered as a first step in the process towards full EPAs, thanks to the inclusion not only of rules on trade in goods but also of chapters on rules of origin and the protection of infant industry;

| E. | whereas provisions on good governance, transparency in political offices and human rights, in accordance with Articles 8, 11(b), 96 and 97 of the Cotonou Agreement, have to be considered to be part of this IEPA between the European Community, on the one part, and the Seychelles, Madagascar, Mauritius and Zimbabwe, on the other part; |
| --- | --- |

E.

whereas provisions on good governance, transparency in political offices and human rights, in accordance with Articles 8, 11(b), 96 and 97 of the Cotonou Agreement, have to be considered to be part of this IEPA between the European Community, on the one part, and the Seychelles, Madagascar, Mauritius and Zimbabwe, on the other part;

| F. | whereas, although the current situation in Zimbabwe with regard to human rights and democracy has shown signs of improvement, there remain many challenges for future cooperation between the Union and Zimbabwe, notably the full implementation of the Global Political Agreement (GPA) and an end to all forms of harassment and human rights abuses; |
| --- | --- |

F.

whereas, although the current situation in Zimbabwe with regard to human rights and democracy has shown signs of improvement, there remain many challenges for future cooperation between the Union and Zimbabwe, notably the full implementation of the Global Political Agreement (GPA) and an end to all forms of harassment and human rights abuses;

| G. | whereas Zimbabwe’s economic recovery is still fragile and certain state policies present a threat to future economic relations between the Union and Zimbabwe; |
| --- | --- |

G.

whereas Zimbabwe’s economic recovery is still fragile and certain state policies present a threat to future economic relations between the Union and Zimbabwe;

| H. | whereas Zimbabwe is showing flagrant disregard for international agreements and its own domestic laws by continuing to permit the sale of illegal elephant ivory; |
| --- | --- |

H.

whereas Zimbabwe is showing flagrant disregard for international agreements and its own domestic laws by continuing to permit the sale of illegal elephant ivory;

| 1. | Points out that the EU must promote fair trade between itself and developing countries, based on full respect for and a guarantee of ILO labour standards and working conditions, and must ensure the application of the highest possible social and environmental standards; takes the view that this includes paying a fair price for resources and agricultural products from developing countries; |
| --- | --- |

1.

Points out that the EU must promote fair trade between itself and developing countries, based on full respect for and a guarantee of ILO labour standards and working conditions, and must ensure the application of the highest possible social and environmental standards; takes the view that this includes paying a fair price for resources and agricultural products from developing countries;

| 2. | Highlights the provisional entry into force of the IEPA as an important step towards enhancing the partnership between the EU and the four African countries concerned, within a stable legal framework; underlines the importance of continuing negotiations with a view to arriving at a full agreement aimed at encouraging increased open and fair trade, investment and regional integration; |
| --- | --- |

2.

Highlights the provisional entry into force of the IEPA as an important step towards enhancing the partnership between the EU and the four African countries concerned, within a stable legal framework; underlines the importance of continuing negotiations with a view to arriving at a full agreement aimed at encouraging increased open and fair trade, investment and regional integration;

| 3. | Considers the entry into force of the Human Rights Commission Act in Zimbabwe as an encouraging step by the government with a view to improving the human rights situation in that country and as a step forward as part of the agreed roadmap for peaceful and credible elections; |
| --- | --- |

3.

Considers the entry into force of the Human Rights Commission Act in Zimbabwe as an encouraging step by the government with a view to improving the human rights situation in that country and as a step forward as part of the agreed roadmap for peaceful and credible elections;

| 4. | Calls on the Commission to upgrade negotiations with the seven remaining countries of the region and to adopt a development-friendly approach that is both in line with the strategic objectives and priorities of the region and its countries and in conformity with WTO rules; |
| --- | --- |

4.

Calls on the Commission to upgrade negotiations with the seven remaining countries of the region and to adopt a development-friendly approach that is both in line with the strategic objectives and priorities of the region and its countries and in conformity with WTO rules;

| 5. | Expresses its concern, nevertheless, about continuing abuses of human rights and fundamental freedoms in Zimbabwe, which are undermining the commitments made by Zimbabwe’s Government of National Unity in recent years, and in particular about recent incidents of harassment of human rights defenders, journalists and members of civil society in Zimbabwe; calls on the Government of Zimbabwe to take all the necessary measures to ensure that no one is subjected to harassment or intimidation for addressing human rights issues; |
| --- | --- |

5.

Expresses its concern, nevertheless, about continuing abuses of human rights and fundamental freedoms in Zimbabwe, which are undermining the commitments made by Zimbabwe’s Government of National Unity in recent years, and in particular about recent incidents of harassment of human rights defenders, journalists and members of civil society in Zimbabwe; calls on the Government of Zimbabwe to take all the necessary measures to ensure that no one is subjected to harassment or intimidation for addressing human rights issues;

| 6. | Deplores the absence of a strong human rights clause in the IEPA, and repeats its call for trade agreements concluded by the EU to include binding human rights clauses; regrets the omission of a chapter on sustainable development and of a requirement to respect international labour and environmental standards. |
| --- | --- |

6.

Deplores the absence of a strong human rights clause in the IEPA, and repeats its call for trade agreements concluded by the EU to include binding human rights clauses; regrets the omission of a chapter on sustainable development and of a requirement to respect international labour and environmental standards.

| 7. | Stresses that freedom of assembly, association and expression are essential components of democracy to which Zimbabwe fully committed itself under the GPA; draws attention to the current consent procedure, emphasising that the ratification of the IEPA with the European Union is a further opportunity to reiterate the need for full implementation of those commitments and obligations; |
| --- | --- |

7.

Stresses that freedom of assembly, association and expression are essential components of democracy to which Zimbabwe fully committed itself under the GPA; draws attention to the current consent procedure, emphasising that the ratification of the IEPA with the European Union is a further opportunity to reiterate the need for full implementation of those commitments and obligations;

| 8. | Stresses that under the circumstances the suspension of EU development cooperation (under Article 96 of the Cotonou Agreement) should be maintained, but that the EU remains committed in its support for the local population; |
| --- | --- |

8.

Stresses that under the circumstances the suspension of EU development cooperation (under Article 96 of the Cotonou Agreement) should be maintained, but that the EU remains committed in its support for the local population;

| 9. | Supports the targeted measures the EU currently has in place, which are a response to the political and human rights situation in Zimbabwe, with annual decisions allowing the EU to keep senior figures in the Zimbabwean Government under constant review; emphasises, furthermore, that these measures will not be affected by the IEPA; |
| --- | --- |

9.

Supports the targeted measures the EU currently has in place, which are a response to the political and human rights situation in Zimbabwe, with annual decisions allowing the EU to keep senior figures in the Zimbabwean Government under constant review; emphasises, furthermore, that these measures will not be affected by the IEPA;

| 10. | Calls on the Zimbabwean Government to take the necessary steps, including restoration of the rule of law, democracy and respect for human rights and, in particular, a peaceful and credible constitutional referendum and electoral preparations that meet recognised international standards, to enable the targeted measures to be suspended; |
| --- | --- |

10.

Calls on the Zimbabwean Government to take the necessary steps, including restoration of the rule of law, democracy and respect for human rights and, in particular, a peaceful and credible constitutional referendum and electoral preparations that meet recognised international standards, to enable the targeted measures to be suspended;

| 11. | Reaffirms its willingness to use all the tools at its disposal should there be a significant deterioration in the human rights situation, including, inter alia, considering the use of the provisions set out in Article 65 of the Agreement (the so-called ‘non-execution’ clause); |
| --- | --- |

11.

Reaffirms its willingness to use all the tools at its disposal should there be a significant deterioration in the human rights situation, including, inter alia, considering the use of the provisions set out in Article 65 of the Agreement (the so-called ‘non-execution’ clause);

| 12. | Calls on the EU delegation in Harare to continue to offer its assistance to Zimbabwe’s Government of National Unity in order to improve the human rights situation with a view to peaceful and credible elections in line with the standards the EU would expect of any of its trading partners; |
| --- | --- |

12.

Calls on the EU delegation in Harare to continue to offer its assistance to Zimbabwe’s Government of National Unity in order to improve the human rights situation with a view to peaceful and credible elections in line with the standards the EU would expect of any of its trading partners;

| 13. | Calls on the Zimbabwean Government to enforce the identification and prosecution of those implicated in the illegal export and trade of ivory and, furthermore, to work on increasing transparency in Zimbabwe’s extractive industries, in order to ensure that wealth accrued from the legal exploitation of the country’s natural resources is properly accounted for and benefits all Zimbabweans; |
| --- | --- |

13.

Calls on the Zimbabwean Government to enforce the identification and prosecution of those implicated in the illegal export and trade of ivory and, furthermore, to work on increasing transparency in Zimbabwe’s extractive industries, in order to ensure that wealth accrued from the legal exploitation of the country’s natural resources is properly accounted for and benefits all Zimbabweans;

| 14. | Instructs its President to forward this resolution to the Commission, the Council, 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 European External Action Service, the Government and Parliament of Zimbabwe and the governments of the Southern African Development Community. |
| --- | --- |

14.

Instructs its President to forward this resolution to the Commission, the Council, 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 European External Action Service, the Government and Parliament of Zimbabwe and the governments of the Southern African Development Community.

---

(1)  OJ C 117 E, 6.5.2010, p. 129.

(2)  OJ L 54, 28.2.2012, p. 20.

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| 30.12.2015 | EN | Official Journal of the European Union | C 440/92 |
| --- | --- | --- | --- |

30.12.2015

EN

Official Journal of the European Union

C 440/92

---

P7_TA(2013)0026

State aid modernisation

European Parliament resolution of 17 January 2013 on state aid modernisation (2012/2920(RSP))

(2015/C 440/14)

The European Parliament,

| — | having regard to the Treaty on the Functioning of the European Union (TFEU), and in particular Article 109 thereof, |
| --- | --- |

—

having regard to the Treaty on the Functioning of the European Union (TFEU), and in particular Article 109 thereof,

| — | having regard to the proposal of the Commission for a Council Regulation amending Regulation (EC) No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty (COM(2012)0725), |
| --- | --- |

—

having regard to the proposal of the Commission for a Council Regulation amending Regulation (EC) No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty (COM(2012)0725),

| — | having regard to the proposal of the Commission for a Council Regulation amending Council Regulation (EC) No 994/98 of 7 May 1998 on the application of Articles 92 and 93 of the Treaty establishing the European Community to certain categories of horizontal State aid and Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road (COM(2012)0730), |
| --- | --- |

—

having regard to the proposal of the Commission for a Council Regulation amending Council Regulation (EC) No 994/98 of 7 May 1998 on the application of Articles 92 and 93 of the Treaty establishing the European Community to certain categories of horizontal State aid and Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road (COM(2012)0730),

| — | having regard to the Commission Communication entitled ‘EU State Aid Modernisation (SAM)’ (COM(2012)0209), |
| --- | --- |

—

having regard to the Commission Communication entitled ‘EU State Aid Modernisation (SAM)’ (COM(2012)0209),

| — | having regard to the opinion of the Committee of the Regions adopted at its 98th plenary session, held on 29 November 2012, |
| --- | --- |

—

having regard to the opinion of the Committee of the Regions adopted at its 98th plenary session, held on 29 November 2012,

| — | having regard to European Court of Auditors Special Report No 15/2011 entitled ‘Do the Commission's procedures ensure effective management of state aid control?’, |
| --- | --- |

—

having regard to European Court of Auditors Special Report No 15/2011 entitled ‘Do the Commission's procedures ensure effective management of state aid control?’,

| — | having regard to the Framework Agreement of 20 October 2010 on relations between the European Parliament and the European Commission (1) (hereinafter ‘the Framework Agreement’), and in particular paragraph 15 thereof, |
| --- | --- |

—

having regard to the Framework Agreement of 20 October 2010 on relations between the European Parliament and the European Commission (1) (hereinafter ‘the Framework Agreement’), and in particular paragraph 15 thereof,

| — | having regard to the question to the Commission on state aid modernisation (O-000213/2012 — B7-0102/2013), |
| --- | --- |

—

having regard to the question to the Commission on state aid modernisation (O-000213/2012 — B7-0102/2013),

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

—

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

| A. | whereas the Commission has presented proposals for two regulations implementing the state aid modernisation programme, with Article 109 TFEU as their legal base; whereas this legal base provides only for consultation of Parliament, not codecision; |
| --- | --- |

A.

whereas the Commission has presented proposals for two regulations implementing the state aid modernisation programme, with Article 109 TFEU as their legal base; whereas this legal base provides only for consultation of Parliament, not codecision;

| B. | whereas the objective of the proposals is to focus resources on assessing more serious cases of aid rather than dealing with smaller cases and minor complaints which have no bearing on trade between Member States; |
| --- | --- |

B.

whereas the objective of the proposals is to focus resources on assessing more serious cases of aid rather than dealing with smaller cases and minor complaints which have no bearing on trade between Member States;

| C. | whereas the proposals, and in particular the amendment to the procedural Regulation (EC) No 659/1999, concern the modalities for Commission control of decisions by elected national and local authorities, and whereas there is therefore a strong case for democratic oversight of these texts to be exercised by Parliament; |
| --- | --- |

C.

whereas the proposals, and in particular the amendment to the procedural Regulation (EC) No 659/1999, concern the modalities for Commission control of decisions by elected national and local authorities, and whereas there is therefore a strong case for democratic oversight of these texts to be exercised by Parliament;

| D. | whereas Parliament should be associated in the preparation of such proposals, as foreseen by paragraph 15 of the Framework Agreement between Parliament and the Commission; |
| --- | --- |

D.

whereas Parliament should be associated in the preparation of such proposals, as foreseen by paragraph 15 of the Framework Agreement between Parliament and the Commission;

| 1. | Welcomes the Commission’s Communication on state aid modernisation and the Commission’s new proposals for regulations; calls on the Commission, however, to ensure that stimulating economic growth, as one of the overall aims of this reform, will not again lead to an increase in public debt; |
| --- | --- |

1.

Welcomes the Commission’s Communication on state aid modernisation and the Commission’s new proposals for regulations; calls on the Commission, however, to ensure that stimulating economic growth, as one of the overall aims of this reform, will not again lead to an increase in public debt;

| 2. | Underlines the need for less, but better-targeted, state aid which places less demand on public spending and does not distort competition, while supporting the shift to a knowledge economy; |
| --- | --- |

2.

Underlines the need for less, but better-targeted, state aid which places less demand on public spending and does not distort competition, while supporting the shift to a knowledge economy;

| 3. | Stresses that state aid must be designed in a way that fosters the development of services, knowledge and infrastructure per se, rather than providing support to specific companies; |
| --- | --- |

3.

Stresses that state aid must be designed in a way that fosters the development of services, knowledge and infrastructure per se, rather than providing support to specific companies;

| 4. | Underlines the fact that the primary role of state aid control is to ensure a level playing field in the internal market; welcomes the State Aid Modernisation package as a cornerstone of the ongoing process of modernising competition policy; calls for timely implementation of the reform package; |
| --- | --- |

4.

Underlines the fact that the primary role of state aid control is to ensure a level playing field in the internal market; welcomes the State Aid Modernisation package as a cornerstone of the ongoing process of modernising competition policy; calls for timely implementation of the reform package;

| 5. | Recognises the role played by state aid, enabled through a special crisis regime, in addressing the crisis; recognises also that using and controlling state aid appropriately will play an important part in achieving the goals of the EU 2020 growth strategy; |
| --- | --- |

5.

Recognises the role played by state aid, enabled through a special crisis regime, in addressing the crisis; recognises also that using and controlling state aid appropriately will play an important part in achieving the goals of the EU 2020 growth strategy;

| 6. | Stresses that competition policy must enable appropriate state support for the ecological transformation of the economy, in particular with regard to renewables and energy efficiency, and that the new guidelines should be based on this premise; |
| --- | --- |

6.

Stresses that competition policy must enable appropriate state support for the ecological transformation of the economy, in particular with regard to renewables and energy efficiency, and that the new guidelines should be based on this premise;

| 7. | Shares the Commission’s view that state aid procedures need to be accelerated to allow for greater concentration on complicated cases that can have serious effects on competition in the internal market; takes note of the Commission’s proposal to raise its level of discretion in deciding how to deal with complaints; calls on the Commission to provide detailed criteria for distinguishing between important and less important cases in this context; points out that appropriate ways of making such distinctions would be to raise the thresholds for the De Minimis Regulation and to extend the horizontal categories in the Enabling Regulation and the General Block Exemption Regulation; |
| --- | --- |

7.

Shares the Commission’s view that state aid procedures need to be accelerated to allow for greater concentration on complicated cases that can have serious effects on competition in the internal market; takes note of the Commission’s proposal to raise its level of discretion in deciding how to deal with complaints; calls on the Commission to provide detailed criteria for distinguishing between important and less important cases in this context; points out that appropriate ways of making such distinctions would be to raise the thresholds for the De Minimis Regulation and to extend the horizontal categories in the Enabling Regulation and the General Block Exemption Regulation;

| 8. | Notes that these objectives have been set on numerous occasions in the past, and have been the basis for past revisions of state aid law, but would appear not to have been fully met, given that these new proposals are now necessary; |
| --- | --- |

8.

Notes that these objectives have been set on numerous occasions in the past, and have been the basis for past revisions of state aid law, but would appear not to have been fully met, given that these new proposals are now necessary;

| 9. | Expresses the hope that, on this occasion, the proposals will meet the objectives set, while not discouraging complainants from coming forward to draw serious cases of distortion of competition to the Commission’s attention; |
| --- | --- |

9.

Expresses the hope that, on this occasion, the proposals will meet the objectives set, while not discouraging complainants from coming forward to draw serious cases of distortion of competition to the Commission’s attention;

| 10. | Notes the Commission’s general intention to exempt more measures from the notification requirement; notes, in particular, that the Commission’s proposal includes coverage by the Enabling Regulation of aid granted to culture and aid to make good the damage caused by natural disasters; stresses, however, that the Members States will have to ensure ex ante compliance with state aid rules of de minimis measures and block-exempted schemes in order to preserve a sufficient level of control, while the Commission will continue to exercise ex post control of such cases; underlines that this must not lead to increased state aid; calls on the Commission to ensure that there is a long-term reduction in state aid; |
| --- | --- |

10.

Notes the Commission’s general intention to exempt more measures from the notification requirement; notes, in particular, that the Commission’s proposal includes coverage by the Enabling Regulation of aid granted to culture and aid to make good the damage caused by natural disasters; stresses, however, that the Members States will have to ensure ex ante compliance with state aid rules of de minimis measures and block-exempted schemes in order to preserve a sufficient level of control, while the Commission will continue to exercise ex post control of such cases; underlines that this must not lead to increased state aid; calls on the Commission to ensure that there is a long-term reduction in state aid;

| 11. | Underlines the fact that the Commission must ensure a better exchange with Member States in terms of the quality and timeliness of submission of information and the preparation of notifications; stresses that effective national systems must ensure that state aid measures exempted from the ex ante notification obligation comply with EU law; |
| --- | --- |

11.

Underlines the fact that the Commission must ensure a better exchange with Member States in terms of the quality and timeliness of submission of information and the preparation of notifications; stresses that effective national systems must ensure that state aid measures exempted from the ex ante notification obligation comply with EU law;

| 12. | Notes that to date relevant information for state aid control cases has been delivered exclusively by the Member States; asks the Commission to assess whether there will be a further need for additional human resources in order to extend its information-gathering tools and to enable it to receive direct information from market participants; |
| --- | --- |

12.

Notes that to date relevant information for state aid control cases has been delivered exclusively by the Member States; asks the Commission to assess whether there will be a further need for additional human resources in order to extend its information-gathering tools and to enable it to receive direct information from market participants;

| 13. | Is deeply concerned by the Court of Auditors’ findings that the Commission does not attempt systematically to detect unnotified aid measures or assess the ex post impact of its state aid control in a comprehensive way; requests further clarification regarding the 40 % of the cases of state aid granted under the Block Exemption Regulations that may be problematic; underlines the special difficulty this poses for new entrants and for small and medium-sized enterprises, and the distorting effect it has on competition; |
| --- | --- |

13.

Is deeply concerned by the Court of Auditors’ findings that the Commission does not attempt systematically to detect unnotified aid measures or assess the ex post impact of its state aid control in a comprehensive way; requests further clarification regarding the 40 % of the cases of state aid granted under the Block Exemption Regulations that may be problematic; underlines the special difficulty this poses for new entrants and for small and medium-sized enterprises, and the distorting effect it has on competition;

| 14. | Urges the Commission to address, in the context of state aid modernisation, the abovementioned issues, and to ensure that the possible weakening of the ex ante monitoring of notifications will be offset by effective and strict ex post control on behalf of the Commission to ensure adequate compliance; |
| --- | --- |

14.

Urges the Commission to address, in the context of state aid modernisation, the abovementioned issues, and to ensure that the possible weakening of the ex ante monitoring of notifications will be offset by effective and strict ex post control on behalf of the Commission to ensure adequate compliance;

| 15. | Regrets that the legal base for the new proposals, Article 109 TFEU, provides only for consultation of Parliament, not codecision in line with other areas of market integration and economic regulation further to the entry into force of the Lisbon Treaty; |
| --- | --- |

15.

Regrets that the legal base for the new proposals, Article 109 TFEU, provides only for consultation of Parliament, not codecision in line with other areas of market integration and economic regulation further to the entry into force of the Lisbon Treaty;

| 16. | Believes that this democratic deficit cannot be tolerated in respect of proposals that concern the means of oversight by the Commission of decisions and acts by national and local elected authorities, notably as regards services of general economic interest related to fundamental rights; |
| --- | --- |

16.

Believes that this democratic deficit cannot be tolerated in respect of proposals that concern the means of oversight by the Commission of decisions and acts by national and local elected authorities, notably as regards services of general economic interest related to fundamental rights;

| 17. | Proposes that this deficit be overcome through interinstitutional arrangements and corrected in any future Treaty change; |
| --- | --- |

17.

Proposes that this deficit be overcome through interinstitutional arrangements and corrected in any future Treaty change;

| 18. | Urges the Commission and Council, meanwhile, to take the utmost account of proposals for amendment which Parliament brings forward in the consultation procedure; |
| --- | --- |

18.

Urges the Commission and Council, meanwhile, to take the utmost account of proposals for amendment which Parliament brings forward in the consultation procedure;

| 19. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

19.

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

---

(1)  OJ L 304, 20.11.2010, p. 47.

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| 30.12.2015 | EN | Official Journal of the European Union | C 440/94 |
| --- | --- | --- | --- |

30.12.2015

EN

Official Journal of the European Union

C 440/94

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P7_TA(2013)0027

Recent casualties in textile factory fires, notably in Bangladesh

European Parliament resolution of 17 January 2013 on recent casualties in textile factory fires, notably in Bangladesh (2012/2908(RSP))

(2015/C 440/15)

The European Parliament,

| — | having regard to the EC-Bangladesh Cooperation Agreement of 2001, |
| --- | --- |

—

having regard to the EC-Bangladesh Cooperation Agreement of 2001,

| — | recalling its resolutions of 25 November 2010 on human rights and social and environmental standards in international trade agreements (1) and on corporate social responsibility in international trade agreements (2), |
| --- | --- |

—

recalling its resolutions of 25 November 2010 on human rights and social and environmental standards in international trade agreements (1) and on corporate social responsibility in international trade agreements (2),

| — | having regard to the International Labour Organisation (ILO) report entitled ‘Globalising Social Rights: The International Labour Organisation and beyond’, |
| --- | --- |

—

having regard to the International Labour Organisation (ILO) report entitled ‘Globalising Social Rights: The International Labour Organisation and beyond’,

| — | having regard to the ILO report entitled ‘Labour in the Global South: Challenges and alternatives for workers’, |
| --- | --- |

—

having regard to the ILO report entitled ‘Labour in the Global South: Challenges and alternatives for workers’,

| — | having regard to the ILO report entitled ‘Globalisation, Flexibilisation and Working Conditions in Asia and the Pacific’, |
| --- | --- |

—

having regard to the ILO report entitled ‘Globalisation, Flexibilisation and Working Conditions in Asia and the Pacific’,

| — | having regard to its resolution of 9 March 2011 on an industrial policy for the globalised era (3), |
| --- | --- |

—

having regard to its resolution of 9 March 2011 on an industrial policy for the globalised era (3),

| — | having regard to the updated OECD Guidelines for Multinational Enterprises of 2011, |
| --- | --- |

—

having regard to the updated OECD Guidelines for Multinational Enterprises of 2011,

| — | having regard to the ILO Promotional Framework for Occupational Safety and Health (2006, C-187) and the Occupational Safety and Health Convention (1981, C-155), which have not been ratified by Bangladesh and Pakistan, as well as their respective recommendations (R-197); having regard also to the Labour Inspection Convention (1947, C-081), to which Bangladesh and Pakistan are signatories, and its recommendations (R-164), |
| --- | --- |

—

having regard to the ILO Promotional Framework for Occupational Safety and Health (2006, C-187) and the Occupational Safety and Health Convention (1981, C-155), which have not been ratified by Bangladesh and Pakistan, as well as their respective recommendations (R-197); having regard also to the Labour Inspection Convention (1947, C-081), to which Bangladesh and Pakistan are signatories, and its recommendations (R-164),

| — | having regard to the Commission communication entitled ‘A renewed EU strategy 2011-2014 for Corporate Social Responsibility’ (COM(2011)0681), |
| --- | --- |

—

having regard to the Commission communication entitled ‘A renewed EU strategy 2011-2014 for Corporate Social Responsibility’ (COM(2011)0681),

| — | having regard to the UN Guiding Principles on Business and Human Rights, |
| --- | --- |

—

having regard to the UN Guiding Principles on Business and Human Rights,

| — | having regard to Rule 110(2) and (4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 110(2) and (4) of its Rules of Procedure,

| A. | whereas at least 112 people died at the Tazreen factory fire, in the Ashulia district, Dhaka, Bangladesh on 24 November 2012 and 289 people perished in a blaze in Karachi, Pakistan in September 2012; |
| --- | --- |

A.

whereas at least 112 people died at the Tazreen factory fire, in the Ashulia district, Dhaka, Bangladesh on 24 November 2012 and 289 people perished in a blaze in Karachi, Pakistan in September 2012;

| B. | whereas hundreds of workers are killed every year in similar accidents all over South Asia, with an estimated 600 garment workers having died since 2005 in factory fires in Bangladesh alone, many of which could have been prevented; |
| --- | --- |

B.

whereas hundreds of workers are killed every year in similar accidents all over South Asia, with an estimated 600 garment workers having died since 2005 in factory fires in Bangladesh alone, many of which could have been prevented;

| C. | whereas conditions in the textile factories are often poor, with little regard for labour rights such as those recognised under the ILO’s main conventions, and often with little or no regard for fire safety; whereas many owners of such factories have gone unpunished and therefore have done little to improve working conditions; |
| --- | --- |

C.

whereas conditions in the textile factories are often poor, with little regard for labour rights such as those recognised under the ILO’s main conventions, and often with little or no regard for fire safety; whereas many owners of such factories have gone unpunished and therefore have done little to improve working conditions;

| D. | whereas there are more than 5 000 textile factories in Bangladesh, employing approximately 3,5 million people, with Bangladesh being the world’s second-largest exporter of ready-made clothes, next only to China; |
| --- | --- |

D.

whereas there are more than 5 000 textile factories in Bangladesh, employing approximately 3,5 million people, with Bangladesh being the world’s second-largest exporter of ready-made clothes, next only to China;

| E. | whereas the European market is the largest export destination for Bangladeshi apparel and textile products, with prominent Western companies admitting they had contracts with the owners of the Tazreen factory for the supply of garments; |
| --- | --- |

E.

whereas the European market is the largest export destination for Bangladeshi apparel and textile products, with prominent Western companies admitting they had contracts with the owners of the Tazreen factory for the supply of garments;

| F. | whereas rising labour costs in other parts of the world have pushed low-skilled manufacturing jobs into India, Pakistan, Cambodia, Vietnam and, in particular, Bangladesh, where clothes now make up 75 % of exports; |
| --- | --- |

F.

whereas rising labour costs in other parts of the world have pushed low-skilled manufacturing jobs into India, Pakistan, Cambodia, Vietnam and, in particular, Bangladesh, where clothes now make up 75 % of exports;

| G. | whereas it is regrettable that some companies initially sought to deny working with the company involved in the Dhaka fire, only later acknowledging that their clothes had been produced at the site; |
| --- | --- |

G.

whereas it is regrettable that some companies initially sought to deny working with the company involved in the Dhaka fire, only later acknowledging that their clothes had been produced at the site;

| H. | whereas in recent months tensions between the Bangladeshi Government and labour activists have been escalating, with workers denouncing their low salaries and poor working conditions; |
| --- | --- |

H.

whereas in recent months tensions between the Bangladeshi Government and labour activists have been escalating, with workers denouncing their low salaries and poor working conditions;

| I. | whereas the murder in April 2012 of Aminul Islam, who had been criticising the unsafe factory conditions in the garment industry in Bangladesh, remains unsolved; |
| --- | --- |

I.

whereas the murder in April 2012 of Aminul Islam, who had been criticising the unsafe factory conditions in the garment industry in Bangladesh, remains unsolved;

| 1. | Expresses its sorrow at the loss of life suffered in the recent factory fires; extends its condolences to the bereaved families and to those injured; regards as wholly unacceptable the number of workers who have perished in factory fires in recent years in South Asia; |
| --- | --- |

1.

Expresses its sorrow at the loss of life suffered in the recent factory fires; extends its condolences to the bereaved families and to those injured; regards as wholly unacceptable the number of workers who have perished in factory fires in recent years in South Asia;

| 2. | Calls on the Governments of Bangladesh and Pakistan to continue with thorough investigations into the recent events and to put in place measures to prevent a recurrence of the tragedies, including full compliance by all manufacturers with health and safety legislation (notably the Labour Act (2006) in Bangladesh) and the establishment of an effective and independent system of labour inspections and inspections of industrial buildings; |
| --- | --- |

2.

Calls on the Governments of Bangladesh and Pakistan to continue with thorough investigations into the recent events and to put in place measures to prevent a recurrence of the tragedies, including full compliance by all manufacturers with health and safety legislation (notably the Labour Act (2006) in Bangladesh) and the establishment of an effective and independent system of labour inspections and inspections of industrial buildings;

| 3. | Welcomes the Bangladesh Fire and Building Safety Agreement between a number of trade unions, NGOs and multinational textile retailers, aimed at improving safety standards at production sites and agreeing to pay for such measures, in particular by establishing an independent inspection system and actively supporting the creation of ‘health and safety committees’ involving workers’ representations in each factory, which are obligatory by law but rarely operational; calls on all relevant textile brands to support this effort; |
| --- | --- |

3.

Welcomes the Bangladesh Fire and Building Safety Agreement between a number of trade unions, NGOs and multinational textile retailers, aimed at improving safety standards at production sites and agreeing to pay for such measures, in particular by establishing an independent inspection system and actively supporting the creation of ‘health and safety committees’ involving workers’ representations in each factory, which are obligatory by law but rarely operational; calls on all relevant textile brands to support this effort;

| 4. | Urges all stakeholders to combat the corruption in the supply chain which is apparent in many South Asian nations, including collusion between safety inspectors and factory owners; calls for more to be done to combat such practices; |
| --- | --- |

4.

Urges all stakeholders to combat the corruption in the supply chain which is apparent in many South Asian nations, including collusion between safety inspectors and factory owners; calls for more to be done to combat such practices;

| 5. | Expects those responsible for criminal negligence and other criminal activity in relation to the fires to be brought to justice, and local authorities and factory management to cooperate in order to guarantee full access to the justice system for all victims, so as to enable them to claim compensation; welcomes the steps which have already been taken by the Bangladeshi and Pakistani Governments to support the victims and their families; |
| --- | --- |

5.

Expects those responsible for criminal negligence and other criminal activity in relation to the fires to be brought to justice, and local authorities and factory management to cooperate in order to guarantee full access to the justice system for all victims, so as to enable them to claim compensation; welcomes the steps which have already been taken by the Bangladeshi and Pakistani Governments to support the victims and their families;

| 6. | Welcomes the action of those European retailers which have already contributed to compensation schemes for the victims and their families and encourages others to follow their example; calls for free medical rehabilitation for the injured and care for deceased workers’ dependent family members; |
| --- | --- |

6.

Welcomes the action of those European retailers which have already contributed to compensation schemes for the victims and their families and encourages others to follow their example; calls for free medical rehabilitation for the injured and care for deceased workers’ dependent family members;

| 7. | Calls on major international garment brands to critically investigate their supply chains and to cooperate with their subcontractors to improve occupational health and safety standards; calls on retailers, NGOs and all the other actors involved, including as appropriate the Commission, to work together to look at developing a voluntary labelling standard certifying that a product was manufactured in accordance with the ILO’s core labour standards; |
| --- | --- |

7.

Calls on major international garment brands to critically investigate their supply chains and to cooperate with their subcontractors to improve occupational health and safety standards; calls on retailers, NGOs and all the other actors involved, including as appropriate the Commission, to work together to look at developing a voluntary labelling standard certifying that a product was manufactured in accordance with the ILO’s core labour standards;

| 8. | Calls on the Commission actively to promote mandatory responsible business conduct among EU companies operating abroad, with a special focus on ensuring strict compliance with all their legal obligations, in particular international standards and rules in the areas of human rights, labour and the environment; |
| --- | --- |

8.

Calls on the Commission actively to promote mandatory responsible business conduct among EU companies operating abroad, with a special focus on ensuring strict compliance with all their legal obligations, in particular international standards and rules in the areas of human rights, labour and the environment;

| 9. | Welcomes initiatives currently being delivered by the Commission with the aim of providing support for improving factory safety in Bangladesh, for example through the ‘Promotion of Labour Standards in the RMG sector’ project and joint work with the Bangladesh Fire Service and Civil Defence Directorate; calls for such cooperation to be strengthened and expanded to other countries in the region, as appropriate; |
| --- | --- |

9.

Welcomes initiatives currently being delivered by the Commission with the aim of providing support for improving factory safety in Bangladesh, for example through the ‘Promotion of Labour Standards in the RMG sector’ project and joint work with the Bangladesh Fire Service and Civil Defence Directorate; calls for such cooperation to be strengthened and expanded to other countries in the region, as appropriate;

| 10. | Recalls the need for consistent implementation of the ILO’s eight core conventions; underlines the importance of robust health and safety provisions for workers, irrespective of the country in which their workplace is located; |
| --- | --- |

10.

Recalls the need for consistent implementation of the ILO’s eight core conventions; underlines the importance of robust health and safety provisions for workers, irrespective of the country in which their workplace is located;

| 11. | Calls on the European External Action Service to ensure that EU trade officers, if based in EU delegations, are given regular training on corporate social responsibility issues, in particular with respect to the implementation of the UN ‘Protect, Respect and Remedy’ Framework, and that EU delegations function as EU contact points for complaints concerning EU companies and their subsidiaries; |
| --- | --- |

11.

Calls on the European External Action Service to ensure that EU trade officers, if based in EU delegations, are given regular training on corporate social responsibility issues, in particular with respect to the implementation of the UN ‘Protect, Respect and Remedy’ Framework, and that EU delegations function as EU contact points for complaints concerning EU companies and their subsidiaries;

| 12. | Notes the important role that can be played by workers and trade unions, for example through the continued development of worker-led safety committees in all factories, and the importance of access to factories for unions in order to educate workers on how they can protect their rights and their safety, including their right to refuse unsafe work; |
| --- | --- |

12.

Notes the important role that can be played by workers and trade unions, for example through the continued development of worker-led safety committees in all factories, and the importance of access to factories for unions in order to educate workers on how they can protect their rights and their safety, including their right to refuse unsafe work;

| 13. | Welcomes Bangladesh’s successful efforts to reduce child labour in the garment sector and urges Pakistan to step up its engagement against child labour; |
| --- | --- |

13.

Welcomes Bangladesh’s successful efforts to reduce child labour in the garment sector and urges Pakistan to step up its engagement against child labour;

| 14. | Urges the Bangladeshi authorities duly to investigate the torture and murder of labour rights activist Aminul Islam, and calls on both the Bangladeshi and Pakistani Governments to lift restrictions on trade union activities and collective bargaining; |
| --- | --- |

14.

Urges the Bangladeshi authorities duly to investigate the torture and murder of labour rights activist Aminul Islam, and calls on both the Bangladeshi and Pakistani Governments to lift restrictions on trade union activities and collective bargaining;

| 15. | Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the EU Special Representative for Human Rights, the governments and parliaments of Pakistan and Bangladesh and the Director-General of the ILO. |
| --- | --- |

15.

Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the EU Special Representative for Human Rights, the governments and parliaments of Pakistan and Bangladesh and the Director-General of the ILO.

---

(1)  OJ C 99 E, 3.4.2012, p. 31.

(2)  OJ C 99 E, 3.4.2012, p. 101.

(3)  OJ C 199 E, 7.7.2012, p. 131.

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| 30.12.2015 | EN | Official Journal of the European Union | C 440/97 |
| --- | --- | --- | --- |

30.12.2015

EN

Official Journal of the European Union

C 440/97

---

P7_TA(2013)0028

Recommendations of the Non-Proliferation Treaty Review Conference regarding the establishment of a Middle East free of weapons of mass destruction

European Parliament resolution of 17 January 2013 on the Recommendations of the Non-Proliferation Treaty Review Conference regarding the establishment of a Middle East free of weapons of mass destruction (2012/2890(RSP))

(2015/C 440/16)

The European Parliament,

| — | having regard to the statement of 24 November 2012 by Catherine Ashton, High Representative of the Union for Foreign Affairs and Security Policy/Vice President of the Commission, on the postponement of the Helsinki Conference on the establishment of a Middle East zone free of weapons of mass destruction (WMD), |
| --- | --- |

—

having regard to the statement of 24 November 2012 by Catherine Ashton, High Representative of the Union for Foreign Affairs and Security Policy/Vice President of the Commission, on the postponement of the Helsinki Conference on the establishment of a Middle East zone free of weapons of mass destruction (WMD),

| — | having regard to the six-monthly progress report on the implementation of the EU Strategy against the Proliferation of Weapons of Mass Destruction (2012/I) (1) of August 2012, |
| --- | --- |

—

having regard to the six-monthly progress report on the implementation of the EU Strategy against the Proliferation of Weapons of Mass Destruction (2012/I) (1) of August 2012,

| — | having regard to the three EU seminars on ‘Middle East Security, WMD Non-proliferation and Disarmament’ held in Paris in June 2008, the first EU Non-Proliferation Consortium Seminar on the Middle East, held in Brussels on the 6—7 July 2011, and the second EU Non-Proliferation Consortium Seminar on the Middle East, held on 5—6 November 2012, which had the objective of preparing the UN conference on the Middle East zone free of weapons of mass destruction, |
| --- | --- |

—

having regard to the three EU seminars on ‘Middle East Security, WMD Non-proliferation and Disarmament’ held in Paris in June 2008, the first EU Non-Proliferation Consortium Seminar on the Middle East, held in Brussels on the 6—7 July 2011, and the second EU Non-Proliferation Consortium Seminar on the Middle East, held on 5—6 November 2012, which had the objective of preparing the UN conference on the Middle East zone free of weapons of mass destruction,

| — | having regard to the European Union Strategy against the Proliferation of Weapons of Mass Destruction, adopted by the European Council on 12 December 2003, |
| --- | --- |

—

having regard to the European Union Strategy against the Proliferation of Weapons of Mass Destruction, adopted by the European Council on 12 December 2003,

| — | having regard to Council Decision 2012/422/CFSP of 23 July 2012 in support of a process leading to the establishment of a zone free of nuclear weapons and all other weapons of mass destruction in the Middle East, |
| --- | --- |

—

having regard to Council Decision 2012/422/CFSP of 23 July 2012 in support of a process leading to the establishment of a zone free of nuclear weapons and all other weapons of mass destruction in the Middle East,

| — | having regard to its previous resolutions of 26 February 2004 (2), 10 March 2005 (3), 17 November 2005 (4) and 14 March 2007 (5) on nuclear non-proliferation and nuclear disarmament, and of 10 March 2010 (6) on the Treaty on the Non-Proliferation of Nuclear Weapons, |
| --- | --- |

—

having regard to its previous resolutions of 26 February 2004 (2), 10 March 2005 (3), 17 November 2005 (4) and 14 March 2007 (5) on nuclear non-proliferation and nuclear disarmament, and of 10 March 2010 (6) on the Treaty on the Non-Proliferation of Nuclear Weapons,

| — | having regard to the UN General Assembly Resolution of 13 December 2011 on the establishment of a nuclear-weapon-free zone in the region of the Middle East, |
| --- | --- |

—

having regard to the UN General Assembly Resolution of 13 December 2011 on the establishment of a nuclear-weapon-free zone in the region of the Middle East,

| — | having regard to the report of the UN Secretary-General of 6 October 2010 on the risk of nuclear proliferation in the Middle East, |
| --- | --- |

—

having regard to the report of the UN Secretary-General of 6 October 2010 on the risk of nuclear proliferation in the Middle East,

| — | having regard to the final document of the 2010 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons, |
| --- | --- |

—

having regard to the final document of the 2010 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons,

| — | having regard to the Joint Declaration of the Paris Summit for the Mediterranean of 13 July 2008, |
| --- | --- |

—

having regard to the Joint Declaration of the Paris Summit for the Mediterranean of 13 July 2008,

| — | having regard to Rule 110(2) and (4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 110(2) and (4) of its Rules of Procedure,

| A. | whereas the Conference on the establishment of a Middle East zone free of nuclear weapons and all other weapons of mass destruction, which was scheduled for December 2012, has been postponed; |
| --- | --- |

A.

whereas the Conference on the establishment of a Middle East zone free of nuclear weapons and all other weapons of mass destruction, which was scheduled for December 2012, has been postponed;

| B. | whereas the cancellation of the conference on a Middle East zone free of weapons of mass destruction envisioned in the 2010 Non-Proliferation Treaty Review Conference could have a negative impact on regional security and international denuclearisation efforts; |
| --- | --- |

B.

whereas the cancellation of the conference on a Middle East zone free of weapons of mass destruction envisioned in the 2010 Non-Proliferation Treaty Review Conference could have a negative impact on regional security and international denuclearisation efforts;

| C. | whereas the Treaty on the Non-Proliferation of Nuclear Weapons and Weapons of Mass Destruction is a cornerstone of international security; and whereas the most pressing security priorities are to prevent additional states from obtaining or using nuclear weapons, to reduce global stockpiles and to move towards a world without nuclear weapons; |
| --- | --- |

C.

whereas the Treaty on the Non-Proliferation of Nuclear Weapons and Weapons of Mass Destruction is a cornerstone of international security; and whereas the most pressing security priorities are to prevent additional states from obtaining or using nuclear weapons, to reduce global stockpiles and to move towards a world without nuclear weapons;

| D. | whereas in the final document of the 2010 Nuclear Proliferation Treaty (NPT) Review Conference there is an agreement to convene a conference in 2012 on the establishment of a zone free of nuclear weapons and other weapons of mass destruction in the Middle East, and whereas such a process is urgently needed in order to reaffirm the validity of the NPT; |
| --- | --- |

D.

whereas in the final document of the 2010 Nuclear Proliferation Treaty (NPT) Review Conference there is an agreement to convene a conference in 2012 on the establishment of a zone free of nuclear weapons and other weapons of mass destruction in the Middle East, and whereas such a process is urgently needed in order to reaffirm the validity of the NPT;

| E. | whereas the preparations for this conference have been underway since the appointment of Jaako Laajava, Finland’s Under-Secretary of State, as the facilitator for this Conference; |
| --- | --- |

E.

whereas the preparations for this conference have been underway since the appointment of Jaako Laajava, Finland’s Under-Secretary of State, as the facilitator for this Conference;

| F. | whereas a number of nuclear-weapons-free zone treaties already exist for other regions of the world, namely Latin America and the Caribbean, the South Pacific, Southeast Asia, Africa and Central Asia; whereas Mongolia’s self-declared nuclear-weapon-free status has been recognised through the adoption of the UN General Assembly’s resolution on Mongolia’s international security and nuclear-weapon-free status; whereas there are other treaties that also deal with the denuclearisation of certain areas, such as the Antarctic Treaty, the Outer Space Treaty, the Moon Agreement and the Seabed Treaty; |
| --- | --- |

F.

whereas a number of nuclear-weapons-free zone treaties already exist for other regions of the world, namely Latin America and the Caribbean, the South Pacific, Southeast Asia, Africa and Central Asia; whereas Mongolia’s self-declared nuclear-weapon-free status has been recognised through the adoption of the UN General Assembly’s resolution on Mongolia’s international security and nuclear-weapon-free status; whereas there are other treaties that also deal with the denuclearisation of certain areas, such as the Antarctic Treaty, the Outer Space Treaty, the Moon Agreement and the Seabed Treaty;

| G. | whereas the EU encourages all states of the region to continue their constructive engagement with the facilitator take further initiatives towards achieving the complete elimination of all weapons of mass destruction — whether they be nuclear, chemical or biological — in the region, alongside their delivery systems; |
| --- | --- |

G.

whereas the EU encourages all states of the region to continue their constructive engagement with the facilitator take further initiatives towards achieving the complete elimination of all weapons of mass destruction — whether they be nuclear, chemical or biological — in the region, alongside their delivery systems;

| H. | whereas the European Union, along with all the members of the Euro-Mediterranean Partnership, subscribed to the goal of promoting the establishment of a WMD-free zone in the Middle East in the Barcelona Declaration of 1995; whereas the EU supports the efforts of the facilitator and the aim of promoting the establishment of a WMD-free zone in the Middle East, notably through the ‘Non-Proliferation consortium’ and a series of seminars on the topic, such as those held in 2008 and 2011 and in November 2012; |
| --- | --- |

H.

whereas the European Union, along with all the members of the Euro-Mediterranean Partnership, subscribed to the goal of promoting the establishment of a WMD-free zone in the Middle East in the Barcelona Declaration of 1995; whereas the EU supports the efforts of the facilitator and the aim of promoting the establishment of a WMD-free zone in the Middle East, notably through the ‘Non-Proliferation consortium’ and a series of seminars on the topic, such as those held in 2008 and 2011 and in November 2012;

| I. | whereas the Russian Federation, the United Kingdom and the United States are the co-sponsors of the 1995 Non-Proliferation Treaty Resolution on the Middle East and the depositary States of the Treaty; |
| --- | --- |

I.

whereas the Russian Federation, the United Kingdom and the United States are the co-sponsors of the 1995 Non-Proliferation Treaty Resolution on the Middle East and the depositary States of the Treaty;

| J. | whereas the political situation in the region is still very unstable, with turmoil and dramatic political changes taking place in the Middle East, including an escalation of the conflict in Syria, the standoff with Iran and growing tension between Israel and Palestine and neighbouring countries; |
| --- | --- |

J.

whereas the political situation in the region is still very unstable, with turmoil and dramatic political changes taking place in the Middle East, including an escalation of the conflict in Syria, the standoff with Iran and growing tension between Israel and Palestine and neighbouring countries;

| K. | whereas the EU supports the ongoing preparations for the conference, with the participation of all states of the region, and with a view to a successful outcome, against the backdrop of turmoil and political change taking place in the Middle East; |
| --- | --- |

K.

whereas the EU supports the ongoing preparations for the conference, with the participation of all states of the region, and with a view to a successful outcome, against the backdrop of turmoil and political change taking place in the Middle East;

| L. | whereas the call of the Non-Aligned Movement for the speedy establishment of a Middle East nuclear-weapons-free zone as a priority step towards the establishment of a WMD-free zone in the region; |
| --- | --- |

L.

whereas the call of the Non-Aligned Movement for the speedy establishment of a Middle East nuclear-weapons-free zone as a priority step towards the establishment of a WMD-free zone in the region;

| 1. | Deplores the postponement of the Conference on the establishment of a Middle East zone free of nuclear weapons and all other weapons of mass destruction, which the 2010 Review Conference of the ‘Non-Proliferation Treaty’ had scheduled for 2012; |
| --- | --- |

1.

Deplores the postponement of the Conference on the establishment of a Middle East zone free of nuclear weapons and all other weapons of mass destruction, which the 2010 Review Conference of the ‘Non-Proliferation Treaty’ had scheduled for 2012;

| 2. | Welcomes the role of the United Nations in the establishment of a mutually verifiable nuclear-weapon-free zone; notes that not all states in the region are parties to the non-proliferation treaty; |
| --- | --- |

2.

Welcomes the role of the United Nations in the establishment of a mutually verifiable nuclear-weapon-free zone; notes that not all states in the region are parties to the non-proliferation treaty;

| 3. | Urges the UN Secretary-General, the UN facilitator, the sponsors of the 1995 Resolution on the Middle East, the EU High Representative and the EU Member States to make sure that the 2012 Conference takes place as soon as possible in 2013; |
| --- | --- |

3.

Urges the UN Secretary-General, the UN facilitator, the sponsors of the 1995 Resolution on the Middle East, the EU High Representative and the EU Member States to make sure that the 2012 Conference takes place as soon as possible in 2013;

| 4. | Strongly believes that the establishment of a nuclear-weapon-free zone in the region of the Middle East would greatly enhance international peace and stability, and could be an example and a positive step forward for the Global Zero campaign; |
| --- | --- |

4.

Strongly believes that the establishment of a nuclear-weapon-free zone in the region of the Middle East would greatly enhance international peace and stability, and could be an example and a positive step forward for the Global Zero campaign;

| 5. | Calls on the HR/VP Catherine Ashton to ensure that the European Union remains actively engaged in supporting this process, particularly through active diplomatic encouragement of all parties concerned to engage constructively and with reinforced political will in the negotiations; |
| --- | --- |

5.

Calls on the HR/VP Catherine Ashton to ensure that the European Union remains actively engaged in supporting this process, particularly through active diplomatic encouragement of all parties concerned to engage constructively and with reinforced political will in the negotiations;

| 6. | Welcomes the involvement of the EU in the process towards the establishment of a weapons-of-mass-destruction-free zone (WMDFZ) in the Middle East; considers that declarations of good intentions represent a first step towards breaking the current stalemate; is of the opinion that a peaceful resolution of the Middle East conflicts could create the confidence necessary for the eventual establishment of a WMDFZ in the Middle East; |
| --- | --- |

6.

Welcomes the involvement of the EU in the process towards the establishment of a weapons-of-mass-destruction-free zone (WMDFZ) in the Middle East; considers that declarations of good intentions represent a first step towards breaking the current stalemate; is of the opinion that a peaceful resolution of the Middle East conflicts could create the confidence necessary for the eventual establishment of a WMDFZ in the Middle East;

| 7. | Reminds all stakeholders concerned of the urgency of the issue, bearing in mind the conflict concerning, and negotiations on, the Iranian nuclear programme and the civil war in Syria; recalls the fact that the Syrian Government still controls one of the post powerful and dangerous chemical weapons arsenals in the world; |
| --- | --- |

7.

Reminds all stakeholders concerned of the urgency of the issue, bearing in mind the conflict concerning, and negotiations on, the Iranian nuclear programme and the civil war in Syria; recalls the fact that the Syrian Government still controls one of the post powerful and dangerous chemical weapons arsenals in the world;

| 8. | Calls on all countries in the region to accede to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction and to the Biological and Toxin Weapons Convention; |
| --- | --- |

8.

Calls on all countries in the region to accede to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction and to the Biological and Toxin Weapons Convention;

| 9. | Underlines the importance of the ongoing dialogue on a Middle Eastern WMD-free zone with a view to exploring the broad framework and the interim steps that would strengthen regional peace and security; stresses that key elements should include compliance with comprehensive IAEA safeguards (and an additional protocol), a ban on the production of fissile material for weapons and on uranium enrichment beyond normal fuel grade, accession to the treaties prohibiting biological and chemical weapons, and the establishment of a nuclear-weapon-free zone in the region of the Middle East; stresses that these measures would greatly enhance international peace and security; |
| --- | --- |

9.

Underlines the importance of the ongoing dialogue on a Middle Eastern WMD-free zone with a view to exploring the broad framework and the interim steps that would strengthen regional peace and security; stresses that key elements should include compliance with comprehensive IAEA safeguards (and an additional protocol), a ban on the production of fissile material for weapons and on uranium enrichment beyond normal fuel grade, accession to the treaties prohibiting biological and chemical weapons, and the establishment of a nuclear-weapon-free zone in the region of the Middle East; stresses that these measures would greatly enhance international peace and security;

| 10. | Calls for a new confidence-building initiative at regional level, based on the example of the Helsinki process, with the aim of achieving the long-term goal of a Middle East free of military conflicts; |
| --- | --- |

10.

Calls for a new confidence-building initiative at regional level, based on the example of the Helsinki process, with the aim of achieving the long-term goal of a Middle East free of military conflicts;

| 11. | Asks the HR/VP Catherine Ashton to keep Parliament informed of any developments related to the ongoing efforts to reconvene the Conference following the postponement of its scheduled date in December 2012; |
| --- | --- |

11.

Asks the HR/VP Catherine Ashton to keep Parliament informed of any developments related to the ongoing efforts to reconvene the Conference following the postponement of its scheduled date in December 2012;

| 12. | Instructs its President to forward this resolution to the High Representative for Foreign Affairs and Security Policy, the Council, the Commission, the parliaments and governments of the EU Member States, the Secretary-General of the United Nations, the facilitator, and the governments and parliaments in the Middle East. |
| --- | --- |

12.

Instructs its President to forward this resolution to the High Representative for Foreign Affairs and Security Policy, the Council, the Commission, the parliaments and governments of the EU Member States, the Secretary-General of the United Nations, the facilitator, and the governments and parliaments in the Middle East.

---

(1)  OJ C 237, 7.8.2012, p. 1.

(2)  OJ C 98 E, 23.4.2004, p. 152.

(3)  OJ C 320 E, 15.12.2005, p. 253.

(4)  OJ C 280 E, 18.11.2006, p. 453.

(5)  OJ C 301 E, 13.12.2007, p. 146.

(6)  OJ C 349 E, 22.12.2010, p. 77.

---

| 30.12.2015 | EN | Official Journal of the European Union | C 440/100 |
| --- | --- | --- | --- |

30.12.2015

EN

Official Journal of the European Union

C 440/100

---

P7_TA(2013)0029

Regulation on mandatory marking of origin for some products imported from third countries

European Parliament resolution of 17 January 2013 on the indication of country of origin for certain products entering the EU from third countries (2012/2923(RSP))

(2015/C 440/17)

The European Parliament,

| — | having regard to the Commission proposal for a regulation of the European Parliament and of the Council on the indication of the country of origin of certain products imported from third countries (COM(2005)0661 — C7-0048/2010 — 2005/0254(COD)), |
| --- | --- |

—

having regard to the Commission proposal for a regulation of the European Parliament and of the Council on the indication of the country of origin of certain products imported from third countries (COM(2005)0661 — C7-0048/2010 — 2005/0254(COD)),

| — | having regard to the report of its Committee on International Trade (A7-0273/2010), |
| --- | --- |

—

having regard to the report of its Committee on International Trade (A7-0273/2010),

| — | having regard to its position at first reading adopted on 21 October 2010 (1), |
| --- | --- |

—

having regard to its position at first reading adopted on 21 October 2010 (1),

| — | having regard to the annex to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled ‘Commission Work Programme 2013’, of 23 October 2012 (COM(2012)0629), |
| --- | --- |

—

having regard to the annex to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled ‘Commission Work Programme 2013’, of 23 October 2012 (COM(2012)0629),

| — | having regard to all its previous resolutions on origin marking, |
| --- | --- |

—

having regard to all its previous resolutions on origin marking,

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

—

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

| A. | whereas on 21 October 2010 it adopted its position at first reading on the proposal for a regulation of the European Parliament and of the Council on the indication of the country of origin of certain products imported from third countries by 525 votes to 49, with 44 abstentions; |
| --- | --- |

A.

whereas on 21 October 2010 it adopted its position at first reading on the proposal for a regulation of the European Parliament and of the Council on the indication of the country of origin of certain products imported from third countries by 525 votes to 49, with 44 abstentions;

| B. | whereas, although more than two years have passed, the Council has not yet adopted its common position, leaving the codecision process in a state of stalemate; |
| --- | --- |

B.

whereas, although more than two years have passed, the Council has not yet adopted its common position, leaving the codecision process in a state of stalemate;

| C. | whereas in its Work Programme 2013 the Commission indicates that, in addition to the lack of agreement in Council, recent developments in the legal interpretation of WTO rules by that organisation’s Appellate Body have rendered its proposal outdated; |
| --- | --- |

C.

whereas in its Work Programme 2013 the Commission indicates that, in addition to the lack of agreement in Council, recent developments in the legal interpretation of WTO rules by that organisation’s Appellate Body have rendered its proposal outdated;

| D. | whereas the EU does not have harmonised rules in force on stating the origin of imported goods, except for certain cases in the agriculture sector; |
| --- | --- |

D.

whereas the EU does not have harmonised rules in force on stating the origin of imported goods, except for certain cases in the agriculture sector;

| E. | whereas compulsory origin marking schemes have been implemented for certain products by non-EU WTO member countries such as Brazil, Canada, China and the USA; |
| --- | --- |

E.

whereas compulsory origin marking schemes have been implemented for certain products by non-EU WTO member countries such as Brazil, Canada, China and the USA;

| F. | whereas common provisions are necessary to enhance competitiveness among WTO member countries and to ensure a level playing field with producers in those of the EU’s major partner countries which have implemented origin marking; |
| --- | --- |

F.

whereas common provisions are necessary to enhance competitiveness among WTO member countries and to ensure a level playing field with producers in those of the EU’s major partner countries which have implemented origin marking;

| G. | whereas information is one of the cornerstones of citizens’ freedom and consumer protection; |
| --- | --- |

G.

whereas information is one of the cornerstones of citizens’ freedom and consumer protection;

| 1. | Deplores the Commission’s intention to withdraw the proposal for a regulation on the indication of the country of origin for certain products imported from third countries, approved at first reading by Parliament, without having duly informed Parliament in a timely manner and without having provided the colegislators with a detailed explanation of its purpose before taking the decision; |
| --- | --- |

1.

Deplores the Commission’s intention to withdraw the proposal for a regulation on the indication of the country of origin for certain products imported from third countries, approved at first reading by Parliament, without having duly informed Parliament in a timely manner and without having provided the colegislators with a detailed explanation of its purpose before taking the decision;

| 2. | Calls on the Commission to reconsider its planned decision; |
| --- | --- |

2.

Calls on the Commission to reconsider its planned decision;

| 3. | Urges the Commission, alternatively, to propose new WTO-compatible legislation that would allow the EU to deal with those issues originally targeted by the initial proposal; |
| --- | --- |

3.

Urges the Commission, alternatively, to propose new WTO-compatible legislation that would allow the EU to deal with those issues originally targeted by the initial proposal;

| 4. | Invites the Commission to inform Parliament of the timeline for the future actions necessary to relaunch the legislative process and overcome the current stalemate; |
| --- | --- |

4.

Invites the Commission to inform Parliament of the timeline for the future actions necessary to relaunch the legislative process and overcome the current stalemate;

| 5. | Calls on the Commission, as a matter of urgency, to initiate a comparative study of the legislative regulations on origin marking currently in force in and implemented in each WTO member country, with a view to analysing the underlying principles and evaluating compatibility with WTO rules; |
| --- | --- |

5.

Calls on the Commission, as a matter of urgency, to initiate a comparative study of the legislative regulations on origin marking currently in force in and implemented in each WTO member country, with a view to analysing the underlying principles and evaluating compatibility with WTO rules;

| 6. | Recalls, as on previous occasions, the importance of preserving, as part of multilateral trade, a level playing field between EU enterprises and their competitors from third countries and of taking a consistent approach in order to ensure consumer protection; stresses that this is also important in order to give value to high-quality production and environmental and social standards in the present context of global competition, which is particularly relevant for SMEs; |
| --- | --- |

6.

Recalls, as on previous occasions, the importance of preserving, as part of multilateral trade, a level playing field between EU enterprises and their competitors from third countries and of taking a consistent approach in order to ensure consumer protection; stresses that this is also important in order to give value to high-quality production and environmental and social standards in the present context of global competition, which is particularly relevant for SMEs;

| 7. | Stresses the need, until such time as new legislation is in place, to use all available means — at regional, national and EU level — more efficiently in order to allow consumers in the single market to make better-informed purchase choices, including through education and by raising public awareness through the mass media; |
| --- | --- |

7.

Stresses the need, until such time as new legislation is in place, to use all available means — at regional, national and EU level — more efficiently in order to allow consumers in the single market to make better-informed purchase choices, including through education and by raising public awareness through the mass media;

| 8. | Calls on the Council to define its common position following Parliament’s first reading in order to permit the normal institutional debate; |
| --- | --- |

8.

Calls on the Council to define its common position following Parliament’s first reading in order to permit the normal institutional debate;

| 9. | Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States. |
| --- | --- |

9.

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

---

(1)  OJ C 70 E, 8.3.2012, p. 211.

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| 30.12.2015 | EN | Official Journal of the European Union | C 440/101 |
| --- | --- | --- | --- |

30.12.2015

EN

Official Journal of the European Union

C 440/101

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P7_TA(2013)0030

State of play of EU-Mercosur trade relations

European Parliament resolution of 17 January 2013 on trade negotiations between the EU and Mercosur (2012/2924(RSP))

(2015/C 440/18)

The European Parliament,

| — | having regard to the IV EU-Mercosur Summit Joint Communiqué of 17 May 2010, |
| --- | --- |

—

having regard to the IV EU-Mercosur Summit Joint Communiqué of 17 May 2010,

| — | having regard to the VI EU-Latin America and Caribbean Summit, held on 18 May 2010, |
| --- | --- |

—

having regard to the VI EU-Latin America and Caribbean Summit, held on 18 May 2010,

| — | having regard to the relaunch of EU-Mercosur negotiations with the objective of arriving at an ambitious and balanced Association Agreement between the two parties, |
| --- | --- |

—

having regard to the relaunch of EU-Mercosur negotiations with the objective of arriving at an ambitious and balanced Association Agreement between the two parties,

| — | having regard to its resolution of 5 May 2010 on the EU strategy for relations with Latin America (1), |
| --- | --- |

—

having regard to its resolution of 5 May 2010 on the EU strategy for relations with Latin America (1),

| — | having regard to its resolution of 21 October 2010 on the European Union’s trade relations with Latin America (2), |
| --- | --- |

—

having regard to its resolution of 21 October 2010 on the European Union’s trade relations with Latin America (2),

| — | having regard to the EuroLat resolution of 19 May 2011 on the prospects for trade relations between the European Union and Latin America, |
| --- | --- |

—

having regard to the EuroLat resolution of 19 May 2011 on the prospects for trade relations between the European Union and Latin America,

| — | having regard to the last round of negotiations, which took place in Brasilia from 22 to 26 October 2012, |
| --- | --- |

—

having regard to the last round of negotiations, which took place in Brasilia from 22 to 26 October 2012,

| — | having regard to its other previous resolutions on EU-Mercosur relations, |
| --- | --- |

—

having regard to its other previous resolutions on EU-Mercosur relations,

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

—

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

| A. | whereas EU-Mercosur negotiations were relaunched in 2010 to reach a comprehensive, ambitious, balanced and mutually advantageous agreement; |
| --- | --- |

A.

whereas EU-Mercosur negotiations were relaunched in 2010 to reach a comprehensive, ambitious, balanced and mutually advantageous agreement;

| B. | whereas EU-Mercosur trade represents nearly as much as EU trade with the rest of Latin America taken together; whereas the EU is Mercosur’s largest trading partner and the largest investor in Mercosur; whereas Mercosur ranks eighth among our trading partners; whereas the EU and Mercosur represent complementary economies (the EU is Mercosur’s first market for its agricultural exports, while EU exports to Mercosur focus largely on industrial products and services); |
| --- | --- |

B.

whereas EU-Mercosur trade represents nearly as much as EU trade with the rest of Latin America taken together; whereas the EU is Mercosur’s largest trading partner and the largest investor in Mercosur; whereas Mercosur ranks eighth among our trading partners; whereas the EU and Mercosur represent complementary economies (the EU is Mercosur’s first market for its agricultural exports, while EU exports to Mercosur focus largely on industrial products and services);

| C. | whereas this Interregional Agreement involves 800 million citizens; |
| --- | --- |

C.

whereas this Interregional Agreement involves 800 million citizens;

| D. | whereas nine negotiating rounds have taken place since the official announcement of the relaunch of the negotiations; |
| --- | --- |

D.

whereas nine negotiating rounds have taken place since the official announcement of the relaunch of the negotiations;

| E. | whereas the two regions share values and principles, such as a commitment to human rights and fundamental freedoms and to democracy, as well as common languages; |
| --- | --- |

E.

whereas the two regions share values and principles, such as a commitment to human rights and fundamental freedoms and to democracy, as well as common languages;

| F. | whereas the EU has just approved the Association Agreement with Central America and the Free Trade Agreement (FTA) with Colombia and Peru in addition to those previously signed with Chile and Mexico; |
| --- | --- |

F.

whereas the EU has just approved the Association Agreement with Central America and the Free Trade Agreement (FTA) with Colombia and Peru in addition to those previously signed with Chile and Mexico;

| 1. | Stresses the economic and political importance of the EU-Mercosur negotiations, launched in 2010 with the objective of arriving at a balanced, fair, ambitious, comprehensive and mutually beneficial agreement in all sectors covered by the agreement; |
| --- | --- |

1.

Stresses the economic and political importance of the EU-Mercosur negotiations, launched in 2010 with the objective of arriving at a balanced, fair, ambitious, comprehensive and mutually beneficial agreement in all sectors covered by the agreement;

| 2. | Stresses that trade is one of the essential means available to policy-makers of boosting economic growth and creating jobs; |
| --- | --- |

2.

Stresses that trade is one of the essential means available to policy-makers of boosting economic growth and creating jobs;

| 3. | Calls for closer cooperation between the EU and Mercosur, and believes that deeper integration of the European and Mercosur economies will be beneficial to both sides; |
| --- | --- |

3.

Calls for closer cooperation between the EU and Mercosur, and believes that deeper integration of the European and Mercosur economies will be beneficial to both sides;

| 4. | Notes the progress made in the past two years on the normative part of the trade pillar of the agreement; |
| --- | --- |

4.

Notes the progress made in the past two years on the normative part of the trade pillar of the agreement;

| 5. | Regrets the slow pace of the negotiations and the lack of any substantial progress to date; |
| --- | --- |

5.

Regrets the slow pace of the negotiations and the lack of any substantial progress to date;

| 6. | Believes that, for such negotiations to be successful, both sides must approach the talks in a spirit of openness and mutual trust and, this being so, deplores the protectionist measures on trade and investment taken by some Mercosur countries in recent months; highlights the need to create a stable framework for better investment protection; |
| --- | --- |

6.

Believes that, for such negotiations to be successful, both sides must approach the talks in a spirit of openness and mutual trust and, this being so, deplores the protectionist measures on trade and investment taken by some Mercosur countries in recent months; highlights the need to create a stable framework for better investment protection;

| 7. | Reiterates the importance of including respect for democratic principles, fundamental and human rights and the rule of law as well as environmental and social standards in all trade agreements concluded between the EU and third countries, in order to achieve greater coherence in external actions, both reflecting the EU’s economic interests and promoting its fundamental values; |
| --- | --- |

7.

Reiterates the importance of including respect for democratic principles, fundamental and human rights and the rule of law as well as environmental and social standards in all trade agreements concluded between the EU and third countries, in order to achieve greater coherence in external actions, both reflecting the EU’s economic interests and promoting its fundamental values;

| 8. | Takes the view that the next EU-Mercosur Ministerial Meeting to be held at the end of January 2013 in parallel with the CELAC-EU Summit in Santiago, Chile, should be seen as a major opportunity to make clear and significant political commitments and to progress further in the negotiations; |
| --- | --- |

8.

Takes the view that the next EU-Mercosur Ministerial Meeting to be held at the end of January 2013 in parallel with the CELAC-EU Summit in Santiago, Chile, should be seen as a major opportunity to make clear and significant political commitments and to progress further in the negotiations;

| 9. | Urges both parties, in this context, to bring sufficient political motivation and significant political backing to the table, so as to proceed with the exchange of sufficiently ambitious market access offers on goods, services, investments and the other chapters of the trade pillar of the agreement; |
| --- | --- |

9.

Urges both parties, in this context, to bring sufficient political motivation and significant political backing to the table, so as to proceed with the exchange of sufficiently ambitious market access offers on goods, services, investments and the other chapters of the trade pillar of the agreement;

| 10. | Instructs its President to forward this resolution to the Council, the Commission, the European External Action Service, the governments of the Member States, the governments and parliaments of the Mercosur countries, and the Parliament of Mercosur (Parlasur). |
| --- | --- |

10.

Instructs its President to forward this resolution to the Council, the Commission, the European External Action Service, the governments of the Member States, the governments and parliaments of the Mercosur countries, and the Parliament of Mercosur (Parlasur).

---

(1)  OJ C 81 E, 15.3.2011, p. 54.

(2)  OJ C 70 E, 8.3.2012, p. 79.

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| 30.12.2015 | EN | Official Journal of the European Union | C 440/103 |
| --- | --- | --- | --- |

30.12.2015

EN

Official Journal of the European Union

C 440/103

---

P7_TA(2013)0031

Violence against women in India

European Parliament resolution of 17 January 2013 on violence against women in India (2013/2512(RSP))

(2015/C 440/19)

The European Parliament,

| — | having regard to its previous resolutions on India, in particular that of 13 December 2012 on caste discrimination (1), and those on the Annual Reports on Human Rights in the World, notably those of 18 April 2012 (2) and 13 December 2012 (3); having regard to its numerous previous resolutions condemning rape and sexual violence in countries around the world, |
| --- | --- |

—

having regard to its previous resolutions on India, in particular that of 13 December 2012 on caste discrimination (1), and those on the Annual Reports on Human Rights in the World, notably those of 18 April 2012 (2) and 13 December 2012 (3); having regard to its numerous previous resolutions condemning rape and sexual violence in countries around the world,

| — | having regard to the India-EU Strategic Partnership joint action plan signed in November 2005 and to the EU-India Thematic Dialogue on Human Rights, |
| --- | --- |

—

having regard to the India-EU Strategic Partnership joint action plan signed in November 2005 and to the EU-India Thematic Dialogue on Human Rights,

| — | having regard to the statement by High Representative Catherine Ashton on behalf of the European Union on the International Day for the Elimination of Violence against Women (25 November 2012), |
| --- | --- |

—

having regard to the statement by High Representative Catherine Ashton on behalf of the European Union on the International Day for the Elimination of Violence against Women (25 November 2012),

| — | having regard to the statement by High Representative Catherine Ashton on the European and World Day against the Death Penalty (10 October 2012), |
| --- | --- |

—

having regard to the statement by High Representative Catherine Ashton on the European and World Day against the Death Penalty (10 October 2012),

| — | having regard to Articles 2 and 3(5) of the Treaty on European Union, |
| --- | --- |

—

having regard to Articles 2 and 3(5) of the Treaty on European Union,

| — | having regard to the statement of 31 December 2012 by the UN High Commissioner for Human Rights, Navi Pillay, |
| --- | --- |

—

having regard to the statement of 31 December 2012 by the UN High Commissioner for Human Rights, Navi Pillay,

| — | having regard to the United Nations Millennium Development Goals, |
| --- | --- |

—

having regard to the United Nations Millennium Development Goals,

| — | having regard to the UN instruments on violence against women, notably the Vienna Declaration and Programme of Action of 25 June 1993 adopted by the World Conference on Human Rights (A/CONF.157/23), the reports by the UN High Commissioner for Human Rights’ Special Rapporteurs on violence against women, General Recommendation No 19 adopted by the Committee on the Elimination of Discrimination Against Women (CEDAW) (11th session, 1992), the Declaration on the Elimination of Violence against Women of 20 December 1993 (A/RES/48/104), the Convention on the Elimination of All Forms of Discrimination against Women, and the International Convention for the Elimination of Racial Discrimination (CERD) and General Recommendation XXIX on Article 1(1) thereof, |
| --- | --- |

—

having regard to the UN instruments on violence against women, notably the Vienna Declaration and Programme of Action of 25 June 1993 adopted by the World Conference on Human Rights (A/CONF.157/23), the reports by the UN High Commissioner for Human Rights’ Special Rapporteurs on violence against women, General Recommendation No 19 adopted by the Committee on the Elimination of Discrimination Against Women (CEDAW) (11th session, 1992), the Declaration on the Elimination of Violence against Women of 20 December 1993 (A/RES/48/104), the Convention on the Elimination of All Forms of Discrimination against Women, and the International Convention for the Elimination of Racial Discrimination (CERD) and General Recommendation XXIX on Article 1(1) thereof,

| — | having regard to the recommendations on India from the UN Special Procedures, the UN treaty bodies and the Universal Periodic Reviews, and notably to the recommendations to India in the reports of the UN CEDAW of February 2007 and October 2010, |
| --- | --- |

—

having regard to the recommendations on India from the UN Special Procedures, the UN treaty bodies and the Universal Periodic Reviews, and notably to the recommendations to India in the reports of the UN CEDAW of February 2007 and October 2010,

| — | having regard to the Draft UN Principles and Guidelines for the Effective Elimination of Discrimination based on Work and Descent, |
| --- | --- |

—

having regard to the Draft UN Principles and Guidelines for the Effective Elimination of Discrimination based on Work and Descent,

| — | having regard to the Indian Constitution and the Indian Penal Code, especially the latter’s Section 376 on rape, |
| --- | --- |

—

having regard to the Indian Constitution and the Indian Penal Code, especially the latter’s Section 376 on rape,

| — | having regard to Rules 122(5) and 110(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 122(5) and 110(4) of its Rules of Procedure,

| A. | whereas on 16 December 2012 a 23-year-old student was gang-raped and her companion assaulted when five men and a youth violently attacked them on a private bus in New Delhi; whereas the victim suffered such severe injuries that she tragically passed away on 29 December 2012 in Singapore; |
| --- | --- |

A.

whereas on 16 December 2012 a 23-year-old student was gang-raped and her companion assaulted when five men and a youth violently attacked them on a private bus in New Delhi; whereas the victim suffered such severe injuries that she tragically passed away on 29 December 2012 in Singapore;

| B. | whereas there has been widespread public anger in India, with demonstrators from all sections of society calling for reform of the law and policing and a general change in attitudes towards women; whereas these demonstrations are an important step in breaking the silence surrounding rape and sexual violence, and as such constitute the beginnings of change; |
| --- | --- |

B.

whereas there has been widespread public anger in India, with demonstrators from all sections of society calling for reform of the law and policing and a general change in attitudes towards women; whereas these demonstrations are an important step in breaking the silence surrounding rape and sexual violence, and as such constitute the beginnings of change;

| C. | whereas five men and a minor were arrested in relation to the case and are currently undergoing a fast-track trial, with a separate procedure for the juvenile offender; |
| --- | --- |

C.

whereas five men and a minor were arrested in relation to the case and are currently undergoing a fast-track trial, with a separate procedure for the juvenile offender;

| D. | whereas the Indian police have filed a case against the broadcaster Zee News after it carried an interview with the friend who was with the victim during the 16 December 2012 attack; |
| --- | --- |

D.

whereas the Indian police have filed a case against the broadcaster Zee News after it carried an interview with the friend who was with the victim during the 16 December 2012 attack;

| E. | whereas since this recent attack in New Delhi, other rape crimes have been widely reported in the national and international press, such as that of 27 December 2012 when a girl in Punjab committed suicide after she was gang-raped because the police were unwilling to register her complaint or arrest the accused, and instead suggested that she marry one of her aggressors, and that of 12 January 2013 in Punjab when a 29-year-old mother of two was gang-raped on a bus trip in very similar circumstances to those of the first case, following which the police again arrested six suspects and a day later a 16-year-old girl set herself on fire after being raped; |
| --- | --- |

E.

whereas since this recent attack in New Delhi, other rape crimes have been widely reported in the national and international press, such as that of 27 December 2012 when a girl in Punjab committed suicide after she was gang-raped because the police were unwilling to register her complaint or arrest the accused, and instead suggested that she marry one of her aggressors, and that of 12 January 2013 in Punjab when a 29-year-old mother of two was gang-raped on a bus trip in very similar circumstances to those of the first case, following which the police again arrested six suspects and a day later a 16-year-old girl set herself on fire after being raped;

| F. | whereas, according to the Indian National Crime Records Bureau, there were more than 24 000 reported cases of rape in 2011; whereas of the more than 635 cases reported in Delhi in 2012, only one led to a conviction; |
| --- | --- |

F.

whereas, according to the Indian National Crime Records Bureau, there were more than 24 000 reported cases of rape in 2011; whereas of the more than 635 cases reported in Delhi in 2012, only one led to a conviction;

| G. | whereas the Indian women’s movement has a long tradition of denouncing all forms of violence against women in India, as well as gender inequalities in general, calling for political action in support of women’s human rights; |
| --- | --- |

G.

whereas the Indian women’s movement has a long tradition of denouncing all forms of violence against women in India, as well as gender inequalities in general, calling for political action in support of women’s human rights;

| H. | whereas sexual violence against women is widespread, not only in India but worldwide, and is rooted in structural gender inequalities, and whereas actions against violence against women must therefore go hand in hand with improving the position and situation of women and girls in society at all levels; |
| --- | --- |

H.

whereas sexual violence against women is widespread, not only in India but worldwide, and is rooted in structural gender inequalities, and whereas actions against violence against women must therefore go hand in hand with improving the position and situation of women and girls in society at all levels;

| I. | whereas according to estimates by Indian social scientists a whole range of violent and discriminatory practices lead to almost two million deaths of women and girls in India every year, sexual violence being only one of these, with the others including dowry disputes, female infanticide, infant neglect, unequal access to resources and healthcare, and poor care for the elderly; |
| --- | --- |

I.

whereas according to estimates by Indian social scientists a whole range of violent and discriminatory practices lead to almost two million deaths of women and girls in India every year, sexual violence being only one of these, with the others including dowry disputes, female infanticide, infant neglect, unequal access to resources and healthcare, and poor care for the elderly;

| J. | whereas women and girls affected by caste-based discrimination are particularly vulnerable to various forms of sexual violence, forced and ritual prostitution, trafficking, and domestic and punitive violence when they seek justice for crimes committed, as the well-known Pipili Gang rape case of 29 November 2011 once again demonstrated, with the authorities refusing to register the case and the girl victim only receiving proper treatment after a High Court intervened, though she later succumbed to the injuries sustained; |
| --- | --- |

J.

whereas women and girls affected by caste-based discrimination are particularly vulnerable to various forms of sexual violence, forced and ritual prostitution, trafficking, and domestic and punitive violence when they seek justice for crimes committed, as the well-known Pipili Gang rape case of 29 November 2011 once again demonstrated, with the authorities refusing to register the case and the girl victim only receiving proper treatment after a High Court intervened, though she later succumbed to the injuries sustained;

| K. | whereas a 2012 survey by the Thomson Reuters Foundation ranked India as the worst of the G20 countries in which to be a woman; |
| --- | --- |

K.

whereas a 2012 survey by the Thomson Reuters Foundation ranked India as the worst of the G20 countries in which to be a woman;

| L. | whereas according to Amnesty International a rape is reported every 21 minutes in India but many rapes go unreported, especially in poorer communities, because of the social stigma attached to this crime; whereas the Indian police is reportedly well aware of the incidence of this crime but often fails to act to defend women; |
| --- | --- |

L.

whereas according to Amnesty International a rape is reported every 21 minutes in India but many rapes go unreported, especially in poorer communities, because of the social stigma attached to this crime; whereas the Indian police is reportedly well aware of the incidence of this crime but often fails to act to defend women;

| M. | whereas sexual violence leaves survivors with serious health problems, both physiologically and physically, including sexually transmitted diseases such as AIDS; whereas many rape victims are re-victimised because they are rejected by their own families and communities; |
| --- | --- |

M.

whereas sexual violence leaves survivors with serious health problems, both physiologically and physically, including sexually transmitted diseases such as AIDS; whereas many rape victims are re-victimised because they are rejected by their own families and communities;

| N. | whereas India’s laws on sexual assault have been criticised by national and international human rights groups for being outdated, notably by employing a narrow definition of rape; whereas India lacks adequate services for sexual assault survivors such as sensitive and prompt police response or access to healthcare, counselling and other support services, the result being ad hoc and unpredictable responses which are in many cases humiliating for the victim; |
| --- | --- |

N.

whereas India’s laws on sexual assault have been criticised by national and international human rights groups for being outdated, notably by employing a narrow definition of rape; whereas India lacks adequate services for sexual assault survivors such as sensitive and prompt police response or access to healthcare, counselling and other support services, the result being ad hoc and unpredictable responses which are in many cases humiliating for the victim;

| O. | whereas, following the New Delhi attack, the Indian central government has set up a three-member commission to review current laws so as to provide speedier justice and enhanced punishment in cases of aggravated sexual assault; |
| --- | --- |

O.

whereas, following the New Delhi attack, the Indian central government has set up a three-member commission to review current laws so as to provide speedier justice and enhanced punishment in cases of aggravated sexual assault;

| P. | whereas following the recent events high-level government officials have announced that they will promote harsher penalties for rape, including the death penalty; |
| --- | --- |

P.

whereas following the recent events high-level government officials have announced that they will promote harsher penalties for rape, including the death penalty;

| Q. | whereas in May 2012 90 civil society organisations and individuals wrote to Indian Prime Minister Manmohan Singh urging reforms in responses to sexual assault and calling for greater police accountability; |
| --- | --- |

Q.

whereas in May 2012 90 civil society organisations and individuals wrote to Indian Prime Minister Manmohan Singh urging reforms in responses to sexual assault and calling for greater police accountability;

| R. | whereas the EU has committed EUR 470 million for India for the period 2007-2013 in support of the health and education programmes of the Government of India; |
| --- | --- |

R.

whereas the EU has committed EUR 470 million for India for the period 2007-2013 in support of the health and education programmes of the Government of India;

| S. | whereas during the past two decades India has made significant progress in poverty reduction, although much remains to be done, especially in bridging the opportunity gap in education, health and economic prospects for women and vulnerable groups; |
| --- | --- |

S.

whereas during the past two decades India has made significant progress in poverty reduction, although much remains to be done, especially in bridging the opportunity gap in education, health and economic prospects for women and vulnerable groups;

| T. | whereas India is the largest democracy in the world and is also an important political and economic partner of the EU, which entails democratic obligations; |
| --- | --- |

T.

whereas India is the largest democracy in the world and is also an important political and economic partner of the EU, which entails democratic obligations;

| 1. | Expresses its deepest solidarity with the victims of the New Delhi attack and with the victims of all other such attacks, whether or not reported by the media, and extends its condolences to their families; firmly condemns all forms of sexual violence, which is a global phenomenon affecting numerous countries; |
| --- | --- |

1.

Expresses its deepest solidarity with the victims of the New Delhi attack and with the victims of all other such attacks, whether or not reported by the media, and extends its condolences to their families; firmly condemns all forms of sexual violence, which is a global phenomenon affecting numerous countries;

| 2. | Welcomes the great wave of solidarity in India and internationally with the rape victims and hopes that the mass demonstrations will help speed up the necessary reforms; |
| --- | --- |

2.

Welcomes the great wave of solidarity in India and internationally with the rape victims and hopes that the mass demonstrations will help speed up the necessary reforms;

| 3. | Expects India, being a democracy and having significant relations with the EU, to ensure respect for democratic principles, fundamental rights and human rights, in particular the rule of law and the rights of women; |
| --- | --- |

3.

Expects India, being a democracy and having significant relations with the EU, to ensure respect for democratic principles, fundamental rights and human rights, in particular the rule of law and the rights of women;

| 4. | Deeply regrets that more was not done to provide immediate assistance to the victims of the attacks and that in this case and other such cases low respect for women, lack of medical aid, deficient policing and absence of legal remedies discourage rape victims from bringing charges against rapists; |
| --- | --- |

4.

Deeply regrets that more was not done to provide immediate assistance to the victims of the attacks and that in this case and other such cases low respect for women, lack of medical aid, deficient policing and absence of legal remedies discourage rape victims from bringing charges against rapists;

| 5. | Reminds the Indian Government of its rights and duties under the Indian Constitution, especially its duty to end practices derogatory to the dignity of women (Article 51(A)); |
| --- | --- |

5.

Reminds the Indian Government of its rights and duties under the Indian Constitution, especially its duty to end practices derogatory to the dignity of women (Article 51(A));

| 6. | Encourages the Indian Parliament to further incorporate the recommendations of the Indian National Commission for Women (NCW) as to how to amend and implement Indian law in order to protect women from such crimes; |
| --- | --- |

6.

Encourages the Indian Parliament to further incorporate the recommendations of the Indian National Commission for Women (NCW) as to how to amend and implement Indian law in order to protect women from such crimes;

| 7. | Welcomes the Indian Government’s announcement that it will establish a Commission of Inquiry into the public safety of women in Delhi and a judicial panel to review India’s legislative framework regarding violence against women; looks forward to the speedy publication of the recommendations of the Committee of Inquiry established under retired Supreme Court Justice J.S. Verma and to its collaboration with the NCW and the Indian Parliament in order to fully implement measures for the prevention of such crimes in the future; |
| --- | --- |

7.

Welcomes the Indian Government’s announcement that it will establish a Commission of Inquiry into the public safety of women in Delhi and a judicial panel to review India’s legislative framework regarding violence against women; looks forward to the speedy publication of the recommendations of the Committee of Inquiry established under retired Supreme Court Justice J.S. Verma and to its collaboration with the NCW and the Indian Parliament in order to fully implement measures for the prevention of such crimes in the future;

| 8. | Welcomes the establishment of a new fast-track court to specifically deal with sexual violence against women; expresses concern, however, over the fact that the trial of the accused is closed to reporters, with a prohibition on printing or publishing any matter in relation to any such proceedings except with the permission of the court, a circumstance which has caused unease among the general public; considers that those found guilty should receive punishment equal to their crime; reiterates, however, its long-standing opposition to the death penalty, in all cases and under all circumstances; |
| --- | --- |

8.

Welcomes the establishment of a new fast-track court to specifically deal with sexual violence against women; expresses concern, however, over the fact that the trial of the accused is closed to reporters, with a prohibition on printing or publishing any matter in relation to any such proceedings except with the permission of the court, a circumstance which has caused unease among the general public; considers that those found guilty should receive punishment equal to their crime; reiterates, however, its long-standing opposition to the death penalty, in all cases and under all circumstances;

| 9. | Calls on the Indian authorities to develop coordinated responses to gender-based violence, and especially sexual assault, in close consultation with women’s groups; highlights the need for state governments to monitor police handling of sexual assault investigations by holding officers accountable, prosecuting perpetrators, and ensuring the dignified treatment of survivors; |
| --- | --- |

9.

Calls on the Indian authorities to develop coordinated responses to gender-based violence, and especially sexual assault, in close consultation with women’s groups; highlights the need for state governments to monitor police handling of sexual assault investigations by holding officers accountable, prosecuting perpetrators, and ensuring the dignified treatment of survivors;

| 10. | Calls on the Indian Parliament to ensure that the Criminal Law (Amendment) Bill 2012 is amended to criminalise all forms of sexual assault, both penetrative and non-penetrative, ensuring that any new punishments are in accordance with international human rights law, and to amend the law so as to remove legal immunity and procedural barriers when police or other security forces are accused of sexual assault or other human rights violations; |
| --- | --- |

10.

Calls on the Indian Parliament to ensure that the Criminal Law (Amendment) Bill 2012 is amended to criminalise all forms of sexual assault, both penetrative and non-penetrative, ensuring that any new punishments are in accordance with international human rights law, and to amend the law so as to remove legal immunity and procedural barriers when police or other security forces are accused of sexual assault or other human rights violations;

| 11. | Calls on the EU’s and the Member States’ representations in India to prioritise programmes addressing violence against women, including in education, as well as programmes with particular focus on women and girls; |
| --- | --- |

11.

Calls on the EU’s and the Member States’ representations in India to prioritise programmes addressing violence against women, including in education, as well as programmes with particular focus on women and girls;

| 12. | Calls on the Indian authorities to take immediate action and implement effective measures in order to improve the handling of rape and sexual assault by the Indian police forces, including setting up specific units within each police unit; notes that the Chief Minister of Delhi has no responsibility for police operations in her jurisdiction; recalls that in other major cities direct reporting and management have ensured that greater political accountability and modernisation of policing have been achieved; notes the urgent need to train police personnel regarding women’s safety; |
| --- | --- |

12.

Calls on the Indian authorities to take immediate action and implement effective measures in order to improve the handling of rape and sexual assault by the Indian police forces, including setting up specific units within each police unit; notes that the Chief Minister of Delhi has no responsibility for police operations in her jurisdiction; recalls that in other major cities direct reporting and management have ensured that greater political accountability and modernisation of policing have been achieved; notes the urgent need to train police personnel regarding women’s safety;

| 13. | Calls on the Indian Government to investigate the cases of persons in senior official functions against whom formal charges of rape are outstanding; |
| --- | --- |

13.

Calls on the Indian Government to investigate the cases of persons in senior official functions against whom formal charges of rape are outstanding;

| 14. | Calls on the Commission to work with the Indian authorities in order to assist them in developing coordinated responses to gender-based violence, especially sexual assault, including implementation of the recommendations of the UN campaign UNiTE to End Violence against Women; calls on the UN Commission on the Status of Women, at its 57th session to be held in March 2013, to discuss and recognise the fact that violence against women takes on a unique form when gender and caste intersect; |
| --- | --- |

14.

Calls on the Commission to work with the Indian authorities in order to assist them in developing coordinated responses to gender-based violence, especially sexual assault, including implementation of the recommendations of the UN campaign UNiTE to End Violence against Women; calls on the UN Commission on the Status of Women, at its 57th session to be held in March 2013, to discuss and recognise the fact that violence against women takes on a unique form when gender and caste intersect;

| 15. | Expresses its deep concern at the widespread violence perpetrated against Dalit women and girls in India, including sexual violence by men from the dominant castes, and at the extraordinarily high level of impunity for perpetrators in such cases; calls on the Government of India to treat all cases of sexual violence towards all women equally, and to investigate and prosecute such cases in an equal, fair, transparent and speedy manner; |
| --- | --- |

15.

Expresses its deep concern at the widespread violence perpetrated against Dalit women and girls in India, including sexual violence by men from the dominant castes, and at the extraordinarily high level of impunity for perpetrators in such cases; calls on the Government of India to treat all cases of sexual violence towards all women equally, and to investigate and prosecute such cases in an equal, fair, transparent and speedy manner;

| 16. | Stresses that no person should be subjected to a marriage without consent or on the basis of duress or coercion; stresses that no victim should be forced to marry her attacker and that additional support should be given to the victim to prevent social pressure to do so; |
| --- | --- |

16.

Stresses that no person should be subjected to a marriage without consent or on the basis of duress or coercion; stresses that no victim should be forced to marry her attacker and that additional support should be given to the victim to prevent social pressure to do so;

| 17. | Calls on the Council and the Commission to ensure that the EU continues to provide targeted sectoral assistance in India with a view to meeting the MDGs, under the next multiannual financial framework and in the next country strategy paper post-2013; believes this should include social sector support for women’s health and education and best practice in good governance, decision-making and development, including methods of improved service delivery in order to address poverty, gender issues, institutional reforms and public-sector management; |
| --- | --- |

17.

Calls on the Council and the Commission to ensure that the EU continues to provide targeted sectoral assistance in India with a view to meeting the MDGs, under the next multiannual financial framework and in the next country strategy paper post-2013; believes this should include social sector support for women’s health and education and best practice in good governance, decision-making and development, including methods of improved service delivery in order to address poverty, gender issues, institutional reforms and public-sector management;

| 18. | Instructs its President to forward this resolution to the Council, the Commission, the Vice-President/High Representative of the Union for Foreign Affairs and Security Policy, the governments of the Member States, the EU Special Representative for Human Rights, the President, Government and Parliament of India, the UN Secretary-General, the heads of the UN Sub-Commission on the Promotion and Protection of Human Rights and the UN Commission on the Status of Women, the Director-General of UN Women, and the UN Special Envoy on Violence Against Women. |
| --- | --- |

18.

Instructs its President to forward this resolution to the Council, the Commission, the Vice-President/High Representative of the Union for Foreign Affairs and Security Policy, the governments of the Member States, the EU Special Representative for Human Rights, the President, Government and Parliament of India, the UN Secretary-General, the heads of the UN Sub-Commission on the Promotion and Protection of Human Rights and the UN Commission on the Status of Women, the Director-General of UN Women, and the UN Special Envoy on Violence Against Women.

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(1)  Texts adopted, P7_TA(2012)0512.

(2)  Texts adopted, P7_TA(2012)0126.

(3)  Texts adopted, P7_TA(2012)0503.

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| 30.12.2015 | EN | Official Journal of the European Union | C 440/107 |
| --- | --- | --- | --- |

30.12.2015

EN

Official Journal of the European Union

C 440/107

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P7_TA(2013)0032

Human rights situation in Bahrain

European Parliament resolution of 17 January 2013 on the human rights situation in Bahrain (2013/2513(RSP))

(2015/C 440/20)

The European Parliament,

| — | having regard to its previous resolutions of 27 October 2011 on Bahrain (1) and of 15 March 2012 on human rights violations in Bahrain (2), |
| --- | --- |

—

having regard to its previous resolutions of 27 October 2011 on Bahrain (1) and of 15 March 2012 on human rights violations in Bahrain (2),

| — | having regard to its resolution of 24 March 2011 on European Union relations with the Gulf Cooperation Council (3), |
| --- | --- |

—

having regard to its resolution of 24 March 2011 on European Union relations with the Gulf Cooperation Council (3),

| — | having regard to the statements by its President of 12 April 2011 on the death of two Bahraini civil activists and of 28 April 2011 condemning the death sentences handed down to four Bahrainis for participating in peaceful pro-democracy protests, |
| --- | --- |

—

having regard to the statements by its President of 12 April 2011 on the death of two Bahraini civil activists and of 28 April 2011 condemning the death sentences handed down to four Bahrainis for participating in peaceful pro-democracy protests,

| — | having regard to the visit of a delegation of its Subcommittee on Human Rights to Bahrain on 19 and 20 December 2012 and to the press statement issued by that delegation, |
| --- | --- |

—

having regard to the visit of a delegation of its Subcommittee on Human Rights to Bahrain on 19 and 20 December 2012 and to the press statement issued by that delegation,

| — | having regard to the decision of the Bahraini Court of Cassation of 7 January 2013 to uphold the sentences of 13 political activists, |
| --- | --- |

—

having regard to the decision of the Bahraini Court of Cassation of 7 January 2013 to uphold the sentences of 13 political activists,

| — | having regard to the statements by the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) on Bahrain, in particular her statements of 24 November 2011 on the publication of the report of the Bahrain Independent Commission of Inquiry (BICI), of 5 September 2012 on the decisions of the Bahraini Court of Appeal on the cases of Abdulhadi al-Khawaja and 19 other individuals, and of 23 November 2012 on the first anniversary of the publication of the BICI’s report, the statements by her spokesperson of 13 February 2012 on the anniversary of the unrest in Bahrain, of 10 April 2012 on the situation of Abdulhadi al-Khawaja in Bahrain, of 16 August 2012 on the sentencing of Nabeel Rajab in Bahrain and of 24 October 2012 and of 7 November 2012 on the recent violence in Bahrain, and the statements made by the VP/HR at the European Parliament on 12 October 2011 on the situation in Egypt, Syria, Yemen and Bahrain, |
| --- | --- |

—

having regard to the statements by the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) on Bahrain, in particular her statements of 24 November 2011 on the publication of the report of the Bahrain Independent Commission of Inquiry (BICI), of 5 September 2012 on the decisions of the Bahraini Court of Appeal on the cases of Abdulhadi al-Khawaja and 19 other individuals, and of 23 November 2012 on the first anniversary of the publication of the BICI’s report, the statements by her spokesperson of 13 February 2012 on the anniversary of the unrest in Bahrain, of 10 April 2012 on the situation of Abdulhadi al-Khawaja in Bahrain, of 16 August 2012 on the sentencing of Nabeel Rajab in Bahrain and of 24 October 2012 and of 7 November 2012 on the recent violence in Bahrain, and the statements made by the VP/HR at the European Parliament on 12 October 2011 on the situation in Egypt, Syria, Yemen and Bahrain,

| — | having regard to the Council conclusions on Bahrain of 24 May 2011, 12 April 2011, 21 March 2011 and 21 February 2011, |
| --- | --- |

—

having regard to the Council conclusions on Bahrain of 24 May 2011, 12 April 2011, 21 March 2011 and 21 February 2011,

| — | having regard to the statements by the UN Secretary-General of 23 June 2011 and 30 September 2011 on the sentences imposed on 21 Bahraini political activists, human rights defenders and opposition leaders, and to the statements by a spokesperson for the Secretary-General of 12 April 2012 on the bomb attack in Bahrain and of 30 September 2011, of 15 February 2012, of 24 April 2012, of 5 September 2012, of 1 November 2012 and of 8 January 2013 on Bahrain, |
| --- | --- |

—

having regard to the statements by the UN Secretary-General of 23 June 2011 and 30 September 2011 on the sentences imposed on 21 Bahraini political activists, human rights defenders and opposition leaders, and to the statements by a spokesperson for the Secretary-General of 12 April 2012 on the bomb attack in Bahrain and of 30 September 2011, of 15 February 2012, of 24 April 2012, of 5 September 2012, of 1 November 2012 and of 8 January 2013 on Bahrain,

| — | having regard to the report released by the BICI in November 2011 and to its follow-up report of 21 November 2012, |
| --- | --- |

—

having regard to the report released by the BICI in November 2011 and to its follow-up report of 21 November 2012,

| — | having regard to the statement by the Ministerial Council of the Gulf Cooperation Council (GCC) on the terrorist bombings in Manama on 5 November 2012, |
| --- | --- |

—

having regard to the statement by the Ministerial Council of the Gulf Cooperation Council (GCC) on the terrorist bombings in Manama on 5 November 2012,

| — | having regard to Articles 61, 84, 87, 134, 135 and 146 of Bahrain’s Law of Criminal Procedure, |
| --- | --- |

—

having regard to Articles 61, 84, 87, 134, 135 and 146 of Bahrain’s Law of Criminal Procedure,

| — | having regard to the statement by the Bahraini Public Prosecutor of 23 October 2011 regarding the retrial of doctors previously prosecuted in military trials, |
| --- | --- |

—

having regard to the statement by the Bahraini Public Prosecutor of 23 October 2011 regarding the retrial of doctors previously prosecuted in military trials,

| — | having regard to the 1966 International Covenant on Civil and Political Rights, the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, and the Arab Charter on Human Rights, to all of which Bahrain is a party, |
| --- | --- |

—

having regard to the 1966 International Covenant on Civil and Political Rights, the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, and the Arab Charter on Human Rights, to all of which Bahrain is a party,

| — | having regard to the Universal Declaration of Human Rights of 1948, |
| --- | --- |

—

having regard to the Universal Declaration of Human Rights of 1948,

| — | having regard to the 2004 EU Guidelines on Human Rights Defenders, as updated in 2008, |
| --- | --- |

—

having regard to the 2004 EU Guidelines on Human Rights Defenders, as updated in 2008,

| — | having regard to the 1949 Geneva Convention, |
| --- | --- |

—

having regard to the 1949 Geneva Convention,

| — | having regard to Rules 122(5) and 110(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 122(5) and 110(4) of its Rules of Procedure,

| A. | whereas the human rights situation in Bahrain remains critical in the wake of the crackdown on pro-democracy protesters in 2011; whereas many recent actions of the Bahraini Government continue seriously to violate and restrict the rights and freedoms of segments of the Bahraini people, particularly the right of individuals to peaceful protest, free speech and digital freedom; whereas the Bahraini authorities are continuing their crackdown on peaceful political protesters; |
| --- | --- |

A.

whereas the human rights situation in Bahrain remains critical in the wake of the crackdown on pro-democracy protesters in 2011; whereas many recent actions of the Bahraini Government continue seriously to violate and restrict the rights and freedoms of segments of the Bahraini people, particularly the right of individuals to peaceful protest, free speech and digital freedom; whereas the Bahraini authorities are continuing their crackdown on peaceful political protesters;

| B. | whereas security and police forces continue to use disproportionate violence, leading to injuries and death; whereas there are increasing reports of violations by the Bahraini authorities, including extrajudicial arrests, extrajudicial raids on houses, unfair trials, media attacks, intimidation and humiliation of citizens at checkpoints and massive discrimination at work and university; |
| --- | --- |

B.

whereas security and police forces continue to use disproportionate violence, leading to injuries and death; whereas there are increasing reports of violations by the Bahraini authorities, including extrajudicial arrests, extrajudicial raids on houses, unfair trials, media attacks, intimidation and humiliation of citizens at checkpoints and massive discrimination at work and university;

| C. | whereas on 16 October 2012 the authorities arrested Mohammed al-Maskati, President of the Bahrain Youth Society for Human Rights, on charges of participating in an ‘illegal gathering’ in Manama a week earlier; whereas Mr al-Maskati was released on bail the next day and no court date has been set; |
| --- | --- |

C.

whereas on 16 October 2012 the authorities arrested Mohammed al-Maskati, President of the Bahrain Youth Society for Human Rights, on charges of participating in an ‘illegal gathering’ in Manama a week earlier; whereas Mr al-Maskati was released on bail the next day and no court date has been set;

| D. | whereas on 18 October 2012 four men were detained for defaming the Bahraini King on a social networking site and whereas, during their arrest, security forces confiscated their computers and other electronic equipment; whereas all the detainees denied any wrongdoing; |
| --- | --- |

D.

whereas on 18 October 2012 four men were detained for defaming the Bahraini King on a social networking site and whereas, during their arrest, security forces confiscated their computers and other electronic equipment; whereas all the detainees denied any wrongdoing;

| E. | whereas on 30 October 2012 the Interior Minister, Sheikh Rashid bin Abdullah al-Khalifa, ordered a ban on all public rallies and demonstrations (although he has now formally lifted it), saying that the authorities would no longer tolerate protesters against the government; |
| --- | --- |

E.

whereas on 30 October 2012 the Interior Minister, Sheikh Rashid bin Abdullah al-Khalifa, ordered a ban on all public rallies and demonstrations (although he has now formally lifted it), saying that the authorities would no longer tolerate protesters against the government;

| F. | whereas on 5 November 2012 several homemade bombs detonated in the capital, Manama, killing two workers and injuring a third; |
| --- | --- |

F.

whereas on 5 November 2012 several homemade bombs detonated in the capital, Manama, killing two workers and injuring a third;

| G. | whereas on 7 November 2012 the government revoked the nationality of 31 activists who had participated in peaceful protests, without due process, thereby violating the rights of Bahraini nationals under international law; |
| --- | --- |

G.

whereas on 7 November 2012 the government revoked the nationality of 31 activists who had participated in peaceful protests, without due process, thereby violating the rights of Bahraini nationals under international law;

| H. | whereas on 18 December 2012 Sayed Yousif al-Muhafdha, Vice-President of the Bahraini Centre for Human Rights (BCHR), who has campaigned tirelessly for the release of many activists, in particular Nabeel Rajab, President of the BCHR, and Jalila al-Salman, former Vice-President of the Bahrain Teachers’ Association, was detained and charged with using social media to disseminate false news; whereas his case has been adjourned until 17 January 2013, and whereas he remains in custody and if convicted faces up to two years in jail; whereas he has been detained on several occasions by the Bahraini authorities as part of the ongoing systematic targeting, harassment and detention of human rights defenders in Bahrain; |
| --- | --- |

H.

whereas on 18 December 2012 Sayed Yousif al-Muhafdha, Vice-President of the Bahraini Centre for Human Rights (BCHR), who has campaigned tirelessly for the release of many activists, in particular Nabeel Rajab, President of the BCHR, and Jalila al-Salman, former Vice-President of the Bahrain Teachers’ Association, was detained and charged with using social media to disseminate false news; whereas his case has been adjourned until 17 January 2013, and whereas he remains in custody and if convicted faces up to two years in jail; whereas he has been detained on several occasions by the Bahraini authorities as part of the ongoing systematic targeting, harassment and detention of human rights defenders in Bahrain;

| I. | whereas on 7 January 2013 Bahrain’s Court of Cassation upheld prison terms for 13 prominent activists charged with plotting to overthrow the monarchy; whereas eight of those activists, including Abdulhadi al-Khawaja and Ibrahim Sharif, were condemned to life imprisonment; whereas this verdict is final and the only avenue left for the defendants is a royal pardon; whereas this ruling appears to confirm the inability of Bahrain’s judicial system to protect basic rights; |
| --- | --- |

I.

whereas on 7 January 2013 Bahrain’s Court of Cassation upheld prison terms for 13 prominent activists charged with plotting to overthrow the monarchy; whereas eight of those activists, including Abdulhadi al-Khawaja and Ibrahim Sharif, were condemned to life imprisonment; whereas this verdict is final and the only avenue left for the defendants is a royal pardon; whereas this ruling appears to confirm the inability of Bahrain’s judicial system to protect basic rights;

| J. | whereas all cases heard by the military courts are being reviewed by the ordinary courts, and whereas the ordinary courts are generally not granting new trials but rather reviewing convictions based on the records compiled by the National Safety Courts; |
| --- | --- |

J.

whereas all cases heard by the military courts are being reviewed by the ordinary courts, and whereas the ordinary courts are generally not granting new trials but rather reviewing convictions based on the records compiled by the National Safety Courts;

| K. | whereas despite promises to implement the recommendations of the BICI and to respect basic human rights and fundamental freedoms, the Bahraini authorities have failed to investigate the violence and to hold the perpetrators to account; whereas the implementation of the BICI’s recommendations remains slow; |
| --- | --- |

K.

whereas despite promises to implement the recommendations of the BICI and to respect basic human rights and fundamental freedoms, the Bahraini authorities have failed to investigate the violence and to hold the perpetrators to account; whereas the implementation of the BICI’s recommendations remains slow;

| L. | whereas Bahrain was the subject of the Universal Periodical Review of the UN Human Rights Council in September 2012; |
| --- | --- |

L.

whereas Bahrain was the subject of the Universal Periodical Review of the UN Human Rights Council in September 2012;

| M. | whereas on 7 December 2012 Bahraini Crown Prince Salman bin Hamad bin Isa al-Khalifah called for dialogue with the country’s opposition in order to break the deadlock in the restive Gulf Arab state; whereas a consensual dialogue between all forces is necessary in order to arrive at a comprehensive solution; |
| --- | --- |

M.

whereas on 7 December 2012 Bahraini Crown Prince Salman bin Hamad bin Isa al-Khalifah called for dialogue with the country’s opposition in order to break the deadlock in the restive Gulf Arab state; whereas a consensual dialogue between all forces is necessary in order to arrive at a comprehensive solution;

| 1. | Condemns the ongoing human rights violations by the Bahraini authorities and security forces, particularly the use of violence, the excessive use of tear gas, the use of birdshot at short range, the ban on all forms of protest and the arrest and detention of peaceful protesters who choose to exercise their rights to freedom of expression and peaceful assembly, despite the very welcome concrete set of recommendations made by the BICI and the stated commitment by the Bahraini authorities to implementing the BICI reforms; |
| --- | --- |

1.

Condemns the ongoing human rights violations by the Bahraini authorities and security forces, particularly the use of violence, the excessive use of tear gas, the use of birdshot at short range, the ban on all forms of protest and the arrest and detention of peaceful protesters who choose to exercise their rights to freedom of expression and peaceful assembly, despite the very welcome concrete set of recommendations made by the BICI and the stated commitment by the Bahraini authorities to implementing the BICI reforms;

| 2. | Considers that accountability for past violations is a key element on the path towards justice and genuine reconciliation, which are necessary for social stability; strongly supports, therefore, the BICI recommendations, which have also been endorsed by King Hamad and his government; |
| --- | --- |

2.

Considers that accountability for past violations is a key element on the path towards justice and genuine reconciliation, which are necessary for social stability; strongly supports, therefore, the BICI recommendations, which have also been endorsed by King Hamad and his government;

| 3. | Considers it regrettable that the follow-up report issued by the BICI on 21 November 2012 has also not led to any meaningful change in the policies of the Bahraini authorities, particularly as regards the lack of progress in finding a political solution and the promised democratisation of the country; urges the Bahraini authorities to ensure the swift implementation of the recommendations, to set a timeframe and immediately to respect basic human rights and fundamental freedoms; |
| --- | --- |

3.

Considers it regrettable that the follow-up report issued by the BICI on 21 November 2012 has also not led to any meaningful change in the policies of the Bahraini authorities, particularly as regards the lack of progress in finding a political solution and the promised democratisation of the country; urges the Bahraini authorities to ensure the swift implementation of the recommendations, to set a timeframe and immediately to respect basic human rights and fundamental freedoms;

| 4. | Reiterates its demand that the Bahraini security forces and authorities stop the use of violence against peaceful protesters and end the ongoing repression of political dissent through prosecution, detention and torture; urges the authorities fully to respect fundamental freedoms, particularly the freedoms of assembly and expression, both online and offline, and immediately to end all restrictions on access to information and communication technologies; calls on the Bahraini authorities to implement the necessary democratic reforms and to encourage inclusive and constructive national dialogue, including direct talks between the government and opposition components, which are currently not involved in dialogue, so as to allow reconciliation and restore collective social consensus in the country; |
| --- | --- |

4.

Reiterates its demand that the Bahraini security forces and authorities stop the use of violence against peaceful protesters and end the ongoing repression of political dissent through prosecution, detention and torture; urges the authorities fully to respect fundamental freedoms, particularly the freedoms of assembly and expression, both online and offline, and immediately to end all restrictions on access to information and communication technologies; calls on the Bahraini authorities to implement the necessary democratic reforms and to encourage inclusive and constructive national dialogue, including direct talks between the government and opposition components, which are currently not involved in dialogue, so as to allow reconciliation and restore collective social consensus in the country;

| 5. | Considers strongly regrettable the latest sentences imposed on opposition activists and medical personnel and calls for the immediate and unconditional release of all Bahraini political prisoners, including teachers, doctors and other medical staff, who have been detained and charged with alleged violations related to the rights of expression, peaceful assembly and association, in particular Sayed Yousif al-Muhafadha, Nabeel Rajab and Abdulhadi al-Khawaja; |
| --- | --- |

5.

Considers strongly regrettable the latest sentences imposed on opposition activists and medical personnel and calls for the immediate and unconditional release of all Bahraini political prisoners, including teachers, doctors and other medical staff, who have been detained and charged with alleged violations related to the rights of expression, peaceful assembly and association, in particular Sayed Yousif al-Muhafadha, Nabeel Rajab and Abdulhadi al-Khawaja;

| 6. | Calls on the Government of Bahrain to conduct a prompt and independent investigation into all cases of violations against children, including but not limited to arrest, detention and torture, and to ensure that children are held in detention facilities separate from those used for adults and are dealt with by the juvenile judicial system; |
| --- | --- |

6.

Calls on the Government of Bahrain to conduct a prompt and independent investigation into all cases of violations against children, including but not limited to arrest, detention and torture, and to ensure that children are held in detention facilities separate from those used for adults and are dealt with by the juvenile judicial system;

| 7. | Urges the Bahraini authorities immediately to lift the de facto restrictions on all demonstrations, which are irreconcilable with their professed commitment to reform and will not help to advance national reconciliation or build trust among all parties; |
| --- | --- |

7.

Urges the Bahraini authorities immediately to lift the de facto restrictions on all demonstrations, which are irreconcilable with their professed commitment to reform and will not help to advance national reconciliation or build trust among all parties;

| 8. | Calls on the Bahraini authorities to lift all entry restrictions for foreign journalists and international human rights organisations and to allow an independent mechanism for monitoring the evolution of the situation on the ground; calls for the establishment of an international monitoring mechanism, to be set up through a resolution of the UN Human Rights Council to be adopted during its next session in March 2013, with a mandate to monitor the implementation of the recommendations of the BICI and of the UN Universal Periodic Review of Bahrain, including those relating to human rights defenders; calls on the Bahraini authorities to adopt measures to deter future human rights violations; |
| --- | --- |

8.

Calls on the Bahraini authorities to lift all entry restrictions for foreign journalists and international human rights organisations and to allow an independent mechanism for monitoring the evolution of the situation on the ground; calls for the establishment of an international monitoring mechanism, to be set up through a resolution of the UN Human Rights Council to be adopted during its next session in March 2013, with a mandate to monitor the implementation of the recommendations of the BICI and of the UN Universal Periodic Review of Bahrain, including those relating to human rights defenders; calls on the Bahraini authorities to adopt measures to deter future human rights violations;

| 9. | Calls on the Bahraini authorities to ensure that the 31 Bahrainis whose citizenship was withdrawn can appeal the decision before a court, as it is clear that the revocation of the nationality of political opponents by the Bahraini authorities is contrary to international law; |
| --- | --- |

9.

Calls on the Bahraini authorities to ensure that the 31 Bahrainis whose citizenship was withdrawn can appeal the decision before a court, as it is clear that the revocation of the nationality of political opponents by the Bahraini authorities is contrary to international law;

| 10. | Stresses its strong disapproval regarding the lack of an EU response to the ongoing situation in Bahrain and calls on the VP/HR to condemn the ongoing violations of basic human rights and fundamental freedoms, to impose targeted restrictive measures on the individuals directly responsible for, or involved in, the human rights abuses (as documented in the BICI report); |
| --- | --- |

10.

Stresses its strong disapproval regarding the lack of an EU response to the ongoing situation in Bahrain and calls on the VP/HR to condemn the ongoing violations of basic human rights and fundamental freedoms, to impose targeted restrictive measures on the individuals directly responsible for, or involved in, the human rights abuses (as documented in the BICI report);

| 11. | Calls for the suspension of, and a ban on, exports of tear gas and crowd control equipment to Bahrain until investigations have been conducted as regards their improper use and until the perpetrators of such improper use have been held accountable; |
| --- | --- |

11.

Calls for the suspension of, and a ban on, exports of tear gas and crowd control equipment to Bahrain until investigations have been conducted as regards their improper use and until the perpetrators of such improper use have been held accountable;

| 12. | Calls for EU export restrictions on technologies used for the tracking, tracing, censorship and surveillance of information and communication flows, resulting in human rights violations; |
| --- | --- |

12.

Calls for EU export restrictions on technologies used for the tracking, tracing, censorship and surveillance of information and communication flows, resulting in human rights violations;

| 13. | Calls on the Government of Bahrain to take all necessary steps to guarantee the competence, independence and impartiality of the judiciary in Bahrain and to ensure that it acts in full accordance with international human rights standards, and in particular to ensure that the courts cannot be used for political purposes or to sanction the legitimate exercise of universally guaranteed rights and freedoms; calls on the Bahraini Government to strengthen the rights of defendants, inter alia by ensuring that they enjoy fair trial guarantees, allowing them effectively to challenge the evidence against them, providing for independent judicial oversight of the grounds for detention and ensuring that detainees are protected from abusive treatment during criminal investigations; |
| --- | --- |

13.

Calls on the Government of Bahrain to take all necessary steps to guarantee the competence, independence and impartiality of the judiciary in Bahrain and to ensure that it acts in full accordance with international human rights standards, and in particular to ensure that the courts cannot be used for political purposes or to sanction the legitimate exercise of universally guaranteed rights and freedoms; calls on the Bahraini Government to strengthen the rights of defendants, inter alia by ensuring that they enjoy fair trial guarantees, allowing them effectively to challenge the evidence against them, providing for independent judicial oversight of the grounds for detention and ensuring that detainees are protected from abusive treatment during criminal investigations;

| 14. | Considers it regrettable that the Government of Bahrain’s intention to act on the BICI’s findings, as stated at the Universal Periodic Review (UPR) session in May 2012 ahead of the UN Human Rights Council session in Geneva in September 2012, appears to be a shallow promise, given that little of substance has been achieved since then in relation to either human rights or democracy in Bahrain; |
| --- | --- |

14.

Considers it regrettable that the Government of Bahrain’s intention to act on the BICI’s findings, as stated at the Universal Periodic Review (UPR) session in May 2012 ahead of the UN Human Rights Council session in Geneva in September 2012, appears to be a shallow promise, given that little of substance has been achieved since then in relation to either human rights or democracy in Bahrain;

| 15. | Endorses the recommendations of the UPR and calls on the Bahraini Government to give political priority, and to allocate the necessary resources, to adequate and timely follow-up; calls on the Bahraini Government to improve human rights protection and ratify international human rights conventions, such as the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, the Optional Protocols to the International Covenant on Civil and Political Rights, and the International Convention for the Protection of All Persons from Enforced Disappearance; |
| --- | --- |

15.

Endorses the recommendations of the UPR and calls on the Bahraini Government to give political priority, and to allocate the necessary resources, to adequate and timely follow-up; calls on the Bahraini Government to improve human rights protection and ratify international human rights conventions, such as the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, the Optional Protocols to the International Covenant on Civil and Political Rights, and the International Convention for the Protection of All Persons from Enforced Disappearance;

| 16. | Supports and encourages the cooperation between the Office of the UN High Commissioner for Human Rights and the National Human Rights Institution (NHRI) of Bahrain, and recommends further strengthening of the NHRI on the basis of the Paris Principles of pluralism and independence; strongly supports the NHRI in its function of monitoring and protecting the human rights of all Bahrainis, but remains convinced of the necessity of ensuring the operational freedom of human rights defenders and independent NGOs active in Bahrain; |
| --- | --- |

16.

Supports and encourages the cooperation between the Office of the UN High Commissioner for Human Rights and the National Human Rights Institution (NHRI) of Bahrain, and recommends further strengthening of the NHRI on the basis of the Paris Principles of pluralism and independence; strongly supports the NHRI in its function of monitoring and protecting the human rights of all Bahrainis, but remains convinced of the necessity of ensuring the operational freedom of human rights defenders and independent NGOs active in Bahrain;

| 17. | Considers the next parliamentary elections to be a crucial part of the national reconciliation process, and encourages efforts to guarantee a free and fair election system in good time for the 2014 general election; |
| --- | --- |

17.

Considers the next parliamentary elections to be a crucial part of the national reconciliation process, and encourages efforts to guarantee a free and fair election system in good time for the 2014 general election;

| 18. | Calls on the VP/HR and the Member States to work together to develop a clear strategy for how the EU will, both publicly and privately, actively push for the release of the imprisoned activists prior to the EU-GCC ministerial meetings due to take place in Bahrain in mid-2013, and in this connection calls on the VP/HR to work with the Member States to ensure the adoption of Foreign Affairs Council conclusions on the human rights situation in Bahrain, which should include a specific call for the immediate and unconditional release of the imprisoned activists; |
| --- | --- |

18.

Calls on the VP/HR and the Member States to work together to develop a clear strategy for how the EU will, both publicly and privately, actively push for the release of the imprisoned activists prior to the EU-GCC ministerial meetings due to take place in Bahrain in mid-2013, and in this connection calls on the VP/HR to work with the Member States to ensure the adoption of Foreign Affairs Council conclusions on the human rights situation in Bahrain, which should include a specific call for the immediate and unconditional release of the imprisoned activists;

| 19. | Believes that it is crucial to continue the efforts to increase cooperation between the EU and the Gulf region and to promote mutual understanding and trust; considers that regular interparliamentary meetings between Parliament and its partners in the region are an important forum for developing a constructive and frank dialogue on issues of common concern; |
| --- | --- |

19.

Believes that it is crucial to continue the efforts to increase cooperation between the EU and the Gulf region and to promote mutual understanding and trust; considers that regular interparliamentary meetings between Parliament and its partners in the region are an important forum for developing a constructive and frank dialogue on issues of common concern;

| 20. | Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the governments and parliaments of the Member States and the Government and Parliament of the Kingdom of Bahrain. |
| --- | --- |

20.

Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the governments and parliaments of the Member States and the Government and Parliament of the Kingdom of Bahrain.

---

(1)  Texts adopted, P7_TA(2011)0475.

(2)  Texts adopted, P7_TA(2012)0094.

(3)  OJ C 247 E, 17.8.2012, p. 1.

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| 30.12.2015 | EN | Official Journal of the European Union | C 440/111 |
| --- | --- | --- | --- |

30.12.2015

EN

Official Journal of the European Union

C 440/111

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P7_TA(2013)0033

Situation in the Central African Republic

European Parliament resolution of 17 January 2013 on the situation in the Central African Republic (2013/2514(RSP))

(2015/C 440/21)

The European Parliament,

| — | having regard to the statements of 21 December 2012 and 1 and 11 January 2013 by the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy on the situation in the Central African Republic, |
| --- | --- |

—

having regard to the statements of 21 December 2012 and 1 and 11 January 2013 by the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy on the situation in the Central African Republic,

| — | having regard to the statement of 21 December 2012 by the EU Commissioner for Humanitarian Aid and Civil Protection on the latest outbreak of fighting in the Central African Republic, |
| --- | --- |

—

having regard to the statement of 21 December 2012 by the EU Commissioner for Humanitarian Aid and Civil Protection on the latest outbreak of fighting in the Central African Republic,

| — | having regard to the revised Cotonou Agreement signed in June 2000, |
| --- | --- |

—

having regard to the revised Cotonou Agreement signed in June 2000,

| — | having regard to the United Nations Security Council press statements of 27 and 29 December 2012 and 4 and 11 January 2013 on the Central African Republic, |
| --- | --- |

—

having regard to the United Nations Security Council press statements of 27 and 29 December 2012 and 4 and 11 January 2013 on the Central African Republic,

| — | having regard to the Final Communiqué of the Extraordinary Summit of the Heads of State of the Economic Community of Central African States (ECCAS), held in N’Djamena on 21 December 2012, |
| --- | --- |

—

having regard to the Final Communiqué of the Extraordinary Summit of the Heads of State of the Economic Community of Central African States (ECCAS), held in N’Djamena on 21 December 2012,

| — | having regard to the statement by the United Nations Secretary-General Ban Ki-moon of 26 December 2012 condemning the rebel attacks and urging all parties to abide by the decisions taken by ECCAS on 21 December 2012 in N’Djamena, |
| --- | --- |

—

having regard to the statement by the United Nations Secretary-General Ban Ki-moon of 26 December 2012 condemning the rebel attacks and urging all parties to abide by the decisions taken by ECCAS on 21 December 2012 in N’Djamena,

| — | having regard to the declarations by the African Union (AU) of 12, 28 and 31 December 2012 and of 3 and 12 January 2013 on the Central African Republic, |
| --- | --- |

—

having regard to the declarations by the African Union (AU) of 12, 28 and 31 December 2012 and of 3 and 12 January 2013 on the Central African Republic,

| — | having regard to the political agreement of Libreville (Gabon) signed on 11 January 2013 between the Central African Republic Government, the Seleka rebel group and the democratic opposition on the resolution of the crisis, |
| --- | --- |

—

having regard to the political agreement of Libreville (Gabon) signed on 11 January 2013 between the Central African Republic Government, the Seleka rebel group and the democratic opposition on the resolution of the crisis,

| — | having regard to the Libreville Comprehensive Peace Agreement of 28 June 2008 and the earlier peace accords signed since 2007 on which it builds, |
| --- | --- |

—

having regard to the Libreville Comprehensive Peace Agreement of 28 June 2008 and the earlier peace accords signed since 2007 on which it builds,

| — | having regard to Security Council Resolution S/RES/2031 of 21 December 2011, which extends the mandate of the United Nations Integrated Peacebuilding Office in the Central African Republic (BINUCA) until 31 January 2013, and the UN Secretary-General’s report of 29 May 2012 on the activities of the BINUCA, |
| --- | --- |

—

having regard to Security Council Resolution S/RES/2031 of 21 December 2011, which extends the mandate of the United Nations Integrated Peacebuilding Office in the Central African Republic (BINUCA) until 31 January 2013, and the UN Secretary-General’s report of 29 May 2012 on the activities of the BINUCA,

| — | having regard to the International Convention on Civil and Political Rights of 1966, the Convention on the Elimination of all Forms of Discrimination against Women of 1979, the African Charter on Human and Peoples’ Rights of 1981, ratified by the Central African Republic in 1986, and the International Convention on the Rights of the Child of 1989, which prohibits the involvement of children in armed conflict and which the Central African Republic has ratified, |
| --- | --- |

—

having regard to the International Convention on Civil and Political Rights of 1966, the Convention on the Elimination of all Forms of Discrimination against Women of 1979, the African Charter on Human and Peoples’ Rights of 1981, ratified by the Central African Republic in 1986, and the International Convention on the Rights of the Child of 1989, which prohibits the involvement of children in armed conflict and which the Central African Republic has ratified,

| — | having regard to the report of 6 July 2011 by the Security Council working group, and to its conclusions on the situation of children and armed conflict in the Central African Republic, |
| --- | --- |

—

having regard to the report of 6 July 2011 by the Security Council working group, and to its conclusions on the situation of children and armed conflict in the Central African Republic,

| — | having regard to Rules 122(5) and 110(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 122(5) and 110(4) of its Rules of Procedure,

| A. | whereas the Central African Republic (CAR) has faced decades of instability and political unrest since it gained independence in 1960; whereas, despite the fact that it is a country rich in natural resources (timber, gold, diamonds, uranium, etc), the CAR ranks only 179th out of 187 in terms of its Human Development Index and, with around 70 % of its population living below the poverty line, remains one of the poorest countries in the world; |
| --- | --- |

A.

whereas the Central African Republic (CAR) has faced decades of instability and political unrest since it gained independence in 1960; whereas, despite the fact that it is a country rich in natural resources (timber, gold, diamonds, uranium, etc), the CAR ranks only 179th out of 187 in terms of its Human Development Index and, with around 70 % of its population living below the poverty line, remains one of the poorest countries in the world;

| B. | whereas on 10 December 2012, ‘Seleka’ (meaning ‘coalition’ in Sango), an alliance of various rebel armed movements originating predominantly in the north-east of the country, has launched an armed offensive advancing southwards from near the frontier with Chad; whereas the recent offensive was motivated by the rebels’ claims that President François Bozizé had failed to honour the commitments set out in the 2008 Libreville Comprehensive Peace Agreement, which provided for the disarming of former rebels and funding for their reintegration into society; |
| --- | --- |

B.

whereas on 10 December 2012, ‘Seleka’ (meaning ‘coalition’ in Sango), an alliance of various rebel armed movements originating predominantly in the north-east of the country, has launched an armed offensive advancing southwards from near the frontier with Chad; whereas the recent offensive was motivated by the rebels’ claims that President François Bozizé had failed to honour the commitments set out in the 2008 Libreville Comprehensive Peace Agreement, which provided for the disarming of former rebels and funding for their reintegration into society;

| C. | whereas the Economic Community of Central African States (ECCAS) held an extraordinary summit in N’Djamena on 21 December 2012 and agreed on a roadmap for resolving the crisis, including a ceasefire and immediate negotiations in Libreville under the aegis of ECCAS; whereas the ECCAS summit also decided to send additional troops to reinforce the FOMAC/MICOPAX mission; |
| --- | --- |

C.

whereas the Economic Community of Central African States (ECCAS) held an extraordinary summit in N’Djamena on 21 December 2012 and agreed on a roadmap for resolving the crisis, including a ceasefire and immediate negotiations in Libreville under the aegis of ECCAS; whereas the ECCAS summit also decided to send additional troops to reinforce the FOMAC/MICOPAX mission;

| D. | whereas South Africa has begun sending some 400 troops to help stabilise the CAR; and whereas Gabon, Congo-Brazzaville, Chad and Cameroon have had troops there since 2008 as part of the Central African Multinational Force (FOMAC/MICOPAX) deployed by ECCAS; |
| --- | --- |

D.

whereas South Africa has begun sending some 400 troops to help stabilise the CAR; and whereas Gabon, Congo-Brazzaville, Chad and Cameroon have had troops there since 2008 as part of the Central African Multinational Force (FOMAC/MICOPAX) deployed by ECCAS;

| E. | whereas, after holding talks with the President of the African Union, Thomas Boni Yayi, President Bozizé pledged not to stand for office when his current mandate expires in 2016, and offered to form a government of national unity; |
| --- | --- |

E.

whereas, after holding talks with the President of the African Union, Thomas Boni Yayi, President Bozizé pledged not to stand for office when his current mandate expires in 2016, and offered to form a government of national unity;

| F. | whereas at the beginning of January, Seleka announced a halt to its military operations, stopping before the town of Damara (75 kilometres north of Bangui), and agreed to participate in peace talks under the auspices of ECCAS; |
| --- | --- |

F.

whereas at the beginning of January, Seleka announced a halt to its military operations, stopping before the town of Damara (75 kilometres north of Bangui), and agreed to participate in peace talks under the auspices of ECCAS;

| G. | whereas on 11 January 2013 the three-way peace talks between the Central African Republic Government, the Seleka rebel coalition and the political opposition that took place in Libreville, Gabon led to the signing of three agreements: a declaration of principle on resolving the political and security crisis; a ceasefire agreement; and an agreement on the political-security situation defining the power-sharing arrangements and the period of political transition in the CAR; |
| --- | --- |

G.

whereas on 11 January 2013 the three-way peace talks between the Central African Republic Government, the Seleka rebel coalition and the political opposition that took place in Libreville, Gabon led to the signing of three agreements: a declaration of principle on resolving the political and security crisis; a ceasefire agreement; and an agreement on the political-security situation defining the power-sharing arrangements and the period of political transition in the CAR;

| H. | whereas on 12 January 2013 President Bozizé dismissed Prime Minister Faustin Archange Touadera and dissolved the cabinet, clearing the way for the appointment of a national unity government in line with the peace accords signed in Libreville; whereas under the peace agreement legislative elections are to be held within 12 months; |
| --- | --- |

H.

whereas on 12 January 2013 President Bozizé dismissed Prime Minister Faustin Archange Touadera and dissolved the cabinet, clearing the way for the appointment of a national unity government in line with the peace accords signed in Libreville; whereas under the peace agreement legislative elections are to be held within 12 months;

| I. | whereas President Bozizé, after taking power in a coup d’état in 2003, was elected for the first time in 2005 and re-elected in 2011, but whereas the irregularities during the latter election noted by international observers — including those from the EU which funded the holding of the election — led the parliamentary opposition to boycott the general elections; |
| --- | --- |

I.

whereas President Bozizé, after taking power in a coup d’état in 2003, was elected for the first time in 2005 and re-elected in 2011, but whereas the irregularities during the latter election noted by international observers — including those from the EU which funded the holding of the election — led the parliamentary opposition to boycott the general elections;

| J. | whereas respect for human rights is a fundamental value of the European Union and represents an essential element of the Cotonou Agreement; |
| --- | --- |

J.

whereas respect for human rights is a fundamental value of the European Union and represents an essential element of the Cotonou Agreement;

| K. | whereas the United States, like the EU, is in favour of a peaceful settlement to the crisis though dialogue; |
| --- | --- |

K.

whereas the United States, like the EU, is in favour of a peaceful settlement to the crisis though dialogue;

| L. | whereas, according to local NGOs, serious human rights violations have been committed, including an increase in sexual violence against women and young girls, both by Seleka in the areas under its control and in Bangui by government forces against people close to the rebellion; |
| --- | --- |

L.

whereas, according to local NGOs, serious human rights violations have been committed, including an increase in sexual violence against women and young girls, both by Seleka in the areas under its control and in Bangui by government forces against people close to the rebellion;

| M. | whereas the humanitarian situation remains dire, with the crisis having affected tens of thousands of people, according to Médecins sans frontières; whereas hundreds of tons of food aid from the World Food Programme have been plundered in areas in the north under rebel control; and whereas many humanitarian services have been suspended or reduced; |
| --- | --- |

M.

whereas the humanitarian situation remains dire, with the crisis having affected tens of thousands of people, according to Médecins sans frontières; whereas hundreds of tons of food aid from the World Food Programme have been plundered in areas in the north under rebel control; and whereas many humanitarian services have been suspended or reduced;

| N. | whereas the EU is engaged in a regular political dialogue with the CAR under the Cotonou Agreement and is the country’s main donor, with the European Commission contributing EUR 8 million in 2012 to assist 445 000 people affected by conflict and displacement in the CAR, and whereas the CAR receives EUR 137 million in aid under the 10th EDF; |
| --- | --- |

N.

whereas the EU is engaged in a regular political dialogue with the CAR under the Cotonou Agreement and is the country’s main donor, with the European Commission contributing EUR 8 million in 2012 to assist 445 000 people affected by conflict and displacement in the CAR, and whereas the CAR receives EUR 137 million in aid under the 10th EDF;

| O. | whereas Cameroon has stepped up measures to accommodate refugees from the CAR; |
| --- | --- |

O.

whereas Cameroon has stepped up measures to accommodate refugees from the CAR;

| P. | whereas, even before the recent outbreak of violence, 2 500 children were already part of the armed groups active in the CAR; whereas the UNICEF office in Bangui has received credible information concerning increasing recruitment and use of child soldiers by both rebel groups and pro-government militias; |
| --- | --- |

P.

whereas, even before the recent outbreak of violence, 2 500 children were already part of the armed groups active in the CAR; whereas the UNICEF office in Bangui has received credible information concerning increasing recruitment and use of child soldiers by both rebel groups and pro-government militias;

| Q. | whereas the failure to bring the perpetrators of human rights violations and war crimes to justice fosters a climate of impunity and encourages further crimes; |
| --- | --- |

Q.

whereas the failure to bring the perpetrators of human rights violations and war crimes to justice fosters a climate of impunity and encourages further crimes;

| R. | whereas the rebel forces have captured diamond-rich areas such as Bria, Sam Ouandja and Bamingui; whereas the Kimberley Process Certification Scheme has issued a warning to all its member countries regarding the possible leakage of rough diamonds from rebel-controlled areas in the CAR; |
| --- | --- |

R.

whereas the rebel forces have captured diamond-rich areas such as Bria, Sam Ouandja and Bamingui; whereas the Kimberley Process Certification Scheme has issued a warning to all its member countries regarding the possible leakage of rough diamonds from rebel-controlled areas in the CAR;

| S. | whereas the growth of unemployment, the deterioration of social conditions and the impoverishment of the population are factors in the instability from which the region suffers; whereas these problems require a strategy and a development plan; |
| --- | --- |

S.

whereas the growth of unemployment, the deterioration of social conditions and the impoverishment of the population are factors in the instability from which the region suffers; whereas these problems require a strategy and a development plan;

| 1. | Expresses its concern over the situation prevailing in the CAR since the launch of the Seleka offensive on 10 December 2012; deplores the fact that the recent offensive has put civilian lives at risk and threatened the security and stability of the CAR; |
| --- | --- |

1.

Expresses its concern over the situation prevailing in the CAR since the launch of the Seleka offensive on 10 December 2012; deplores the fact that the recent offensive has put civilian lives at risk and threatened the security and stability of the CAR;

| 2. | Welcomes the peace agreements signed on 11 January 2013 in Libreville after negotiations under the aegis of ECCAS; emphasises the need for swift implementation of these agreements; calls on all parties to implement them in good faith and to commit to achieving lasting peace in the CAR; |
| --- | --- |

2.

Welcomes the peace agreements signed on 11 January 2013 in Libreville after negotiations under the aegis of ECCAS; emphasises the need for swift implementation of these agreements; calls on all parties to implement them in good faith and to commit to achieving lasting peace in the CAR;

| 3. | Condemns all attempts to seize power by force; |
| --- | --- |

3.

Condemns all attempts to seize power by force;

| 4. | Is convinced that in order to secure a peaceful resolution to the conflict and ensure lasting stability, the composition of the government of national unity must represent all the country’s political forces; welcomes, in this respect, the signing by President Bozizé of a decree removing the country’s prime minister, as one of the steps called for in a peace deal, in order to form a national unity government, which will be led by a prime minister chosen by the political opposition; |
| --- | --- |

4.

Is convinced that in order to secure a peaceful resolution to the conflict and ensure lasting stability, the composition of the government of national unity must represent all the country’s political forces; welcomes, in this respect, the signing by President Bozizé of a decree removing the country’s prime minister, as one of the steps called for in a peace deal, in order to form a national unity government, which will be led by a prime minister chosen by the political opposition;

| 5. | Welcomes the decision to hold elections for a new National Assembly and hopes that they will take place under international supervision, including in the areas that are currently occupied by the rebel forces, in order to avoid the result being contested; |
| --- | --- |

5.

Welcomes the decision to hold elections for a new National Assembly and hopes that they will take place under international supervision, including in the areas that are currently occupied by the rebel forces, in order to avoid the result being contested;

| 6. | Condemns all violations of human rights and is deeply concerned by the serious human rights violations that occurred in the CAR during the offensive by Seleka; strongly condemns the attacks against civilian populations in areas occupied by the rebels, including cases of physical and sexual violence, looting and the systematic disruption of means of communication; expresses its deep concern at reports of targeting of ethnic and religious minorities and intimidation and arbitrary arrests of political opponents in Bangui; |
| --- | --- |

6.

Condemns all violations of human rights and is deeply concerned by the serious human rights violations that occurred in the CAR during the offensive by Seleka; strongly condemns the attacks against civilian populations in areas occupied by the rebels, including cases of physical and sexual violence, looting and the systematic disruption of means of communication; expresses its deep concern at reports of targeting of ethnic and religious minorities and intimidation and arbitrary arrests of political opponents in Bangui;

| 7. | Stresses that the CAR authorities should strive to ensure the safety and security of the civilian population; calls for the reform of the army and arrangements to be made for the disarmament, demobilisation and reintegration into society of former combatants, the repatriation of refugees, the resettlement of displaced persons within their own country and the implementation of viable development programmes; |
| --- | --- |

7.

Stresses that the CAR authorities should strive to ensure the safety and security of the civilian population; calls for the reform of the army and arrangements to be made for the disarmament, demobilisation and reintegration into society of former combatants, the repatriation of refugees, the resettlement of displaced persons within their own country and the implementation of viable development programmes;

| 8. | Is particularly worried by reports indicating an increase in the recruitment and use of child soldiers; reiterates its strong opposition to these practices and calls on all parties to the conflict to end them; |
| --- | --- |

8.

Is particularly worried by reports indicating an increase in the recruitment and use of child soldiers; reiterates its strong opposition to these practices and calls on all parties to the conflict to end them;

| 9. | Calls on all parties to respect the ceasefire, refrain from acts of violence against civilians and respect human rights; emphasises that the failure of the previous peace agreements to ensure lasting stability in the CAR was also caused by an insufficient focus on human rights; |
| --- | --- |

9.

Calls on all parties to respect the ceasefire, refrain from acts of violence against civilians and respect human rights; emphasises that the failure of the previous peace agreements to ensure lasting stability in the CAR was also caused by an insufficient focus on human rights;

| 10. | Pays its respect to all victims and considers it paramount to investigate impartially and thoroughly all past and ongoing cases of human rights abuse in order to identify the perpetrators; earnestly hopes that the perpetrators of war crimes and crimes against humanity will not be granted impunity, notes, in this respect, that the International Criminal Court is still investigating the situation in the CAR; |
| --- | --- |

10.

Pays its respect to all victims and considers it paramount to investigate impartially and thoroughly all past and ongoing cases of human rights abuse in order to identify the perpetrators; earnestly hopes that the perpetrators of war crimes and crimes against humanity will not be granted impunity, notes, in this respect, that the International Criminal Court is still investigating the situation in the CAR;

| 11. | Welcomes the mediation efforts of regional organisations, such as the African Union and ECCAS, and especially the negotiations between the parties that took place in Libreville; stresses the importance of the new follow-up mechanism to be established in order to ensure full implementation of the agreements reached; calls, in this context, on the EU to support ECCAS in overseeing the implementation of the recent accords; calls on the international community to engage more actively with the CAR in order to address the country’s long-standing problems and to achieve a sustainable political solution; |
| --- | --- |

11.

Welcomes the mediation efforts of regional organisations, such as the African Union and ECCAS, and especially the negotiations between the parties that took place in Libreville; stresses the importance of the new follow-up mechanism to be established in order to ensure full implementation of the agreements reached; calls, in this context, on the EU to support ECCAS in overseeing the implementation of the recent accords; calls on the international community to engage more actively with the CAR in order to address the country’s long-standing problems and to achieve a sustainable political solution;

| 12. | Calls on the Commission to offer technical support to the CAR authorities with a view to the adoption of the relevant legislation for organising the upcoming elections; takes the view that in order to contribute to credible, free and fair elections, the EU should consider sending an electoral observation mission to the CAR; |
| --- | --- |

12.

Calls on the Commission to offer technical support to the CAR authorities with a view to the adoption of the relevant legislation for organising the upcoming elections; takes the view that in order to contribute to credible, free and fair elections, the EU should consider sending an electoral observation mission to the CAR;

| 13. | Calls on the HR/VP Catherine Ashton to capitalise on the EU’s extended relationship with the CAR to actively promote the implementation of a comprehensive peacebuilding strategy that would promote the country’s normalisation and sustainable development; |
| --- | --- |

13.

Calls on the HR/VP Catherine Ashton to capitalise on the EU’s extended relationship with the CAR to actively promote the implementation of a comprehensive peacebuilding strategy that would promote the country’s normalisation and sustainable development;

| 14. | Is concerned by the effects of the recent crisis on the humanitarian situation in the country; calls on all parties to respect international humanitarian law and to allow safe and unhindered access by humanitarian agencies to affected populations; calls on the Commission to step up its humanitarian aid efforts in the CAR; |
| --- | --- |

14.

Is concerned by the effects of the recent crisis on the humanitarian situation in the country; calls on all parties to respect international humanitarian law and to allow safe and unhindered access by humanitarian agencies to affected populations; calls on the Commission to step up its humanitarian aid efforts in the CAR;

| 15. | Considers that the pervasive insecurity in various countries sharing borders with the CAR, in particular the Democratic Republic of the Congo, Sudan, South Sudan and Uganda, requires concerted action by the international community to address the recurrent problems of state fragmentation, ethnic conflicts and repeated violations of human rights, democracy and the rule of law in a holistic and regionally focused manner; |
| --- | --- |

15.

Considers that the pervasive insecurity in various countries sharing borders with the CAR, in particular the Democratic Republic of the Congo, Sudan, South Sudan and Uganda, requires concerted action by the international community to address the recurrent problems of state fragmentation, ethnic conflicts and repeated violations of human rights, democracy and the rule of law in a holistic and regionally focused manner;

| 16. | Considers that transparent access to and control over the natural resources and equitable redistribution through the state budget of revenue from the exploitation of those resources are indispensable for the sustainable development of the country; |
| --- | --- |

16.

Considers that transparent access to and control over the natural resources and equitable redistribution through the state budget of revenue from the exploitation of those resources are indispensable for the sustainable development of the country;

| 17. | Considers that transparency and public scrutiny in the mining sector is crucial to efficient mining management, sustainable development and tackling corruption; emphasises that the possible trafficking of rough diamonds from rebel-controlled areas in the CAR could reignite the conflict and further destabilise the country; calls on the Government of the CAR to take more measures to combat the exploitation and illegal trading of natural resources and calls for appropriate monitoring of the situation through the Kimberley Process; |
| --- | --- |

17.

Considers that transparency and public scrutiny in the mining sector is crucial to efficient mining management, sustainable development and tackling corruption; emphasises that the possible trafficking of rough diamonds from rebel-controlled areas in the CAR could reignite the conflict and further destabilise the country; calls on the Government of the CAR to take more measures to combat the exploitation and illegal trading of natural resources and calls for appropriate monitoring of the situation through the Kimberley Process;

| 18. | Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the UN Security Council, the UN Secretary-General, the institutions of the African Union, ECCAS, the ACP-EU Parliamentary Assembly and the Member States of the European Union. |
| --- | --- |

18.

Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the UN Security Council, the UN Secretary-General, the institutions of the African Union, ECCAS, the ACP-EU Parliamentary Assembly and the Member States of the European Union.

---

II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Parliament

Wednesday 16 January 2013

| 30.12.2015 | EN | Official Journal of the European Union | C 440/116 |
| --- | --- | --- | --- |

30.12.2015

EN

Official Journal of the European Union

C 440/116

---

P7_TA(2013)0015

Amendment of Parliament's Rules of Procedure on the order of precedence of Vice-Presidents elected by acclamation

European Parliament decision of 16 January 2013 on amendment of Rule 15(2) of Parliament’s Rules of Procedure on the order of precedence of Vice-Presidents elected by acclamation (2012/2020(REG))

(2015/C 440/22)

The European Parliament,

| — | having regard to the letter from its President of 3 September 2010, |
| --- | --- |

—

having regard to the letter from its President of 3 September 2010,

| — | having regard to the interpretation of Rule 13(1) of its Rules of Procedure adopted by the Committee on Constitutional Affairs on 15 June 2011 and announced in plenary on 22 June 2011, |
| --- | --- |

—

having regard to the interpretation of Rule 13(1) of its Rules of Procedure adopted by the Committee on Constitutional Affairs on 15 June 2011 and announced in plenary on 22 June 2011,

| — | having regard to Rules 211 and 212 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 211 and 212 of its Rules of Procedure,

| — | having regard to the report of the Committee on Constitutional Affairs (A7-0412/2012), |
| --- | --- |

—

having regard to the report of the Committee on Constitutional Affairs (A7-0412/2012),

| 1. | Decides to amend its Rules of Procedure as shown below; |
| --- | --- |

1.

Decides to amend its Rules of Procedure as shown below;

| 2. | Points out that the amendment will enter into force on the first day of the next part-session; |
| --- | --- |

2.

Points out that the amendment will enter into force on the first day of the next part-session;

| 3. | Instructs its President to forward this decision to the Council and the Commission, for information. |
| --- | --- |

3.

Instructs its President to forward this decision to the Council and the Commission, for information.

Amendment 1

Parliament's Rules of Procedure

Rule 15 — paragraph 2 — subparagraph 2

| Present text | Amendment |
| --- | --- |
| Where they are
  not
  elected by secret ballot
  , the order in which their names are read out to the House by the President
  shall determine the order of precedence. | Where they are elected by
  acclamation, a
  secret ballot shall
  be held to
  determine the order of precedence. |

Present text

Amendment

Where they are
  not
  elected by secret ballot
  , the order in which their names are read out to the House by the President
  shall determine the order of precedence.

Where they are elected by
  acclamation, a
  secret ballot shall
  be held to
  determine the order of precedence.

---

III Preparatory acts

EUROPEAN PARLIAMENT

Wednesday 16 January 2013

| 30.12.2015 | EN | Official Journal of the European Union | C 440/117 |
| --- | --- | --- | --- |

30.12.2015

EN

Official Journal of the European Union

C 440/117

---

P7_TA(2013)0008

Classification, packaging and labelling of dangerous preparations ***I

European Parliament legislative resolution of 16 January 2013 on the proposal for a directive of the European Parliament and of the Council on the classification, packaging and labelling of dangerous preparations (recast) (COM(2012)0008 — C7-0021/2012 — 2012/0007(COD))

(Ordinary legislative procedure — recast)

(2015/C 440/23)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2012)0008), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2012)0008),

| — | 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 (C7-0021/2012), |
| --- | --- |

—

having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0021/2012),

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

—

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

| — | having regard to the opinion of the European Economic and Social Committee of 28 March 2012 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 28 March 2012 (1),

| — | having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts (2), |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts (2),

| — | having regard to the letter of 9 November 2012 from the Committee on Legal Affairs to the Committee on the Environment, Public Health and Food Safety in accordance with Rule 87(3) of its Rules of Procedure, |
| --- | --- |

—

having regard to the letter of 9 November 2012 from the Committee on Legal Affairs to the Committee on the Environment, Public Health and Food Safety in accordance with Rule 87(3) of its Rules of Procedure,

| — | having regard to Rules 87 and 55 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 87 and 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on the Environment, Public Health and Food Safety (A7-0391/2012), |
| --- | --- |

—

having regard to the report of the Committee on the Environment, Public Health and Food Safety (A7-0391/2012),

| A. | whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance; |
| --- | --- |

A.

whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance;

| 1. | Adopts its position at first reading hereinafter set out, taking into account the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission; |
| --- | --- |

1.

Adopts its position at first reading hereinafter set out, taking into account the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission;

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

2.

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

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

3.

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

---

(1)  OJ C 181, 21.6.2012, p. 203.

(2)  OJ C 77, 28.3.2002, p. 1.

---

P7_TC1-COD(2012)0007

Position of the European Parliament adopted at first reading on 16 January 2013 with a view to the adoption of Directive 2013/.../EU of the European Parliament and of the Council on the classification, packaging and labelling of dangerous preparations (recast)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,

Having regard to the proposal from the European Commission,

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

Having regard to the opinion of the European Economic and Social Committee (1),

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

| (1) | Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations (3) has been substantially amended several times (4). Since further amendments are to be made, that Directive should be recast in the interests of clarity. |
| --- | --- |

(1)

Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations (3) has been substantially amended several times (4). Since further amendments are to be made, that Directive should be recast in the interests of clarity.

| (2) | The approximation of the rules existing in the Member States relating to classification, packaging and labelling of certain dangerous preparations is essential for setting equal competition conditions and the functioning of the internal market. |
| --- | --- |

(2)

The approximation of the rules existing in the Member States relating to classification, packaging and labelling of certain dangerous preparations is essential for setting equal competition conditions and the functioning of the internal market.

| (3) | Measures for the approximation of the provisions of the Member States affecting the functioning of the internal market should, in so far as they concern health, safety and protection of man and the environment, adopt a high level of protection as a basis. This Directive should, at the same time, ensure protection for the general public, and, in particular, persons who come into contact with dangerous preparations in the course of their work or in the pursuit of a hobby, protection for consumers and for the environment. |
| --- | --- |

(3)

Measures for the approximation of the provisions of the Member States affecting the functioning of the internal market should, in so far as they concern health, safety and protection of man and the environment, adopt a high level of protection as a basis. This Directive should, at the same time, ensure protection for the general public, and, in particular, persons who come into contact with dangerous preparations in the course of their work or in the pursuit of a hobby, protection for consumers and for the environment.

| (4) | The number of animals used for experiments should be reduced to a minimum, in accordance with the provisions of Directive 2010/63/EU of the European Parliament and of the Council of 22 September 2010 on the protection of animals used for scientific purposes (5). Pursuant to Article 4(1) of that Directive, Member States are to ensure that, wherever possible, a scientifically satisfactory method or testing strategy, not entailing the use of live animals, are used instead of a procedure within the meaning of that Directive, defined as any use, invasive or non-invasive, of an animal for experimental or other scientific purposes, with known or unknown outcome, or educational purposes, which may cause the animal a level of pain, suffering, distress or lasting harm equivalent to, or higher than, that caused by the introduction of a needle in accordance with good veterinary practice. Therefore, this Directive makes use of the results of assessments of toxicological and ecotoxicological properties only when these are already known and entails no obligation to conduct further experiments on animals. |
| --- | --- |

(4)

The number of animals used for experiments should be reduced to a minimum, in accordance with the provisions of Directive 2010/63/EU of the European Parliament and of the Council of 22 September 2010 on the protection of animals used for scientific purposes (5). Pursuant to Article 4(1) of that Directive, Member States are to ensure that, wherever possible, a scientifically satisfactory method or testing strategy, not entailing the use of live animals, are used instead of a procedure within the meaning of that Directive, defined as any use, invasive or non-invasive, of an animal for experimental or other scientific purposes, with known or unknown outcome, or educational purposes, which may cause the animal a level of pain, suffering, distress or lasting harm equivalent to, or higher than, that caused by the introduction of a needle in accordance with good veterinary practice. Therefore, this Directive makes use of the results of assessments of toxicological and ecotoxicological properties only when these are already known and entails no obligation to conduct further experiments on animals.

| (5) | Although munitions are not covered by this Directive, explosives marketed to produce an explosive or pyrotechnic effect may, through their chemical composition, present dangers to health. It is therefore necessary as part of a transparent information process to classify them in accordance with this Directive and assign to them a safety data sheet in accordance with Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) and establishing a European Chemicals Agency (6), and also to label them in accordance with the international rules used for the transport of dangerous goods. |
| --- | --- |

(5)

Although munitions are not covered by this Directive, explosives marketed to produce an explosive or pyrotechnic effect may, through their chemical composition, present dangers to health. It is therefore necessary as part of a transparent information process to classify them in accordance with this Directive and assign to them a safety data sheet in accordance with Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) and establishing a European Chemicals Agency (6), and also to label them in accordance with the international rules used for the transport of dangerous goods.

| (6) | Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market (7) and Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (8), in contrast to the provisions applicable to chemical preparations covered by this Directive, provide for an authorisation procedure for each product on the basis of a dossier presented by the applicant and an assessment carried out by the competent authority in each Member State. Furthermore, that authorisation procedure includes a control relating specifically to the classification, packaging and labelling of each product before it is placed on the market. It is appropriate, as part of a clear and transparent information process, to classify and label plant protection products and biocidal products in accordance with this Directive, and also to provide instructions for use in accordance with the results of the evaluation carried out in the framework of Regulation (EC) No 1107/2009 and Directive 98/8/EC and to ensure that the labelling satisfies the high level of protection sought by both this Directive and Regulation (EC) No 1107/2009 or Directive 98/8/EC respectively . In addition, a safety data sheet has to be established for plant protection products and biocidal products in accordance with Regulation (EC) No 1907/2006. |
| --- | --- |

(6)

Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market (7) and Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (8), in contrast to the provisions applicable to chemical preparations covered by this Directive, provide for an authorisation procedure for each product on the basis of a dossier presented by the applicant and an assessment carried out by the competent authority in each Member State. Furthermore, that authorisation procedure includes a control relating specifically to the classification, packaging and labelling of each product before it is placed on the market. It is appropriate, as part of a clear and transparent information process, to classify and label plant protection products and biocidal products in accordance with this Directive, and also to provide instructions for use in accordance with the results of the evaluation carried out in the framework of Regulation (EC) No 1107/2009 and Directive 98/8/EC and to ensure that the labelling satisfies the high level of protection sought by both this Directive and Regulation (EC) No 1107/2009 or Directive 98/8/EC respectively . In addition, a safety data sheet has to be established for plant protection products and biocidal products in accordance with Regulation (EC) No 1907/2006.

| (7) | It is necessary to provide for concentration limits expressed as a volume/volume percentage in the case of preparations marketed in gaseous form. |
| --- | --- |

(7)

It is necessary to provide for concentration limits expressed as a volume/volume percentage in the case of preparations marketed in gaseous form.

| (8) | It is necessary to define what human experience might be considered for the evaluation of the health hazards of a preparation. If clinical studies may be accepted, it is taken as given that such studies comply with the Helsinki Declaration and the Guidelines for Good Clinical Practice of the Organisation for Economic Co-operation and Development. |
| --- | --- |

(8)

It is necessary to define what human experience might be considered for the evaluation of the health hazards of a preparation. If clinical studies may be accepted, it is taken as given that such studies comply with the Helsinki Declaration and the Guidelines for Good Clinical Practice of the Organisation for Economic Co-operation and Development.

| (9) | As the existing safety data sheet is already being used as a communication tool within the supply chain of substances and preparations, has been developed further and has been made an integral part of the system established by Regulation (EC) No 1907/2006, it should be removed from this Directive . |
| --- | --- |

(9)

As the existing safety data sheet is already being used as a communication tool within the supply chain of substances and preparations, has been developed further and has been made an integral part of the system established by Regulation (EC) No 1907/2006, it should be removed from this Directive .

| (10) | Due to the adoption of Regulation (EC) No 1907/2006, Council Directive 67/548/EEC of 27 June 1967 on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (9) has been adapted and its rules on the notification and risk assessment of chemicals have been deleted. This Directive should be adapted accordingly. |
| --- | --- |

(10)

Due to the adoption of Regulation (EC) No 1907/2006, Council Directive 67/548/EEC of 27 June 1967 on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (9) has been adapted and its rules on the notification and risk assessment of chemicals have been deleted. This Directive should be adapted accordingly.

| (11) | Annex V to Directive 67/548/EEC, setting out methods for the determination of the physico-chemical properties, toxicity and ecotoxicity of substances and preparations, has been deleted by Directive 2006/121/EC of the European Parliament and of the Council (10) with effect from 1 June 2008. The references to that Annex in this Directive should be adapted accordingly. |
| --- | --- |

(11)

Annex V to Directive 67/548/EEC, setting out methods for the determination of the physico-chemical properties, toxicity and ecotoxicity of substances and preparations, has been deleted by Directive 2006/121/EC of the European Parliament and of the Council (10) with effect from 1 June 2008. The references to that Annex in this Directive should be adapted accordingly.

| (12) | In order to take full account of the work and experience accumulated under Directive 67/548/EEC, including the classification and labelling of specific substances listed in Annex I to that Directive, all existing harmonised classifications should be converted into new harmonised classifications using the new criteria. Moreover, as the applicability of Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures (11) is deferred and the harmonised classifications in accordance with the criteria of Directive 67/548/EEC are relevant for the classification of substances and mixtures during the ensuing transition period, all existing harmonised classifications should also be placed unchanged in an annex to that Regulation. By subjecting all future harmonisations of classifications to that Regulation, inconsistencies in harmonised classifications of the same substance under the existing and the new criteria should be avoided. |
| --- | --- |

(12)

In order to take full account of the work and experience accumulated under Directive 67/548/EEC, including the classification and labelling of specific substances listed in Annex I to that Directive, all existing harmonised classifications should be converted into new harmonised classifications using the new criteria. Moreover, as the applicability of Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures (11) is deferred and the harmonised classifications in accordance with the criteria of Directive 67/548/EEC are relevant for the classification of substances and mixtures during the ensuing transition period, all existing harmonised classifications should also be placed unchanged in an annex to that Regulation. By subjecting all future harmonisations of classifications to that Regulation, inconsistencies in harmonised classifications of the same substance under the existing and the new criteria should be avoided.

| (13) | Preparations composed of more than one substance being classified in Table 3.2 of Part 3 of Annex VI to Regulation (EC) No 1272/2008 as carcinogenic, mutagenic and/or toxic for reproduction had to be labelled with risk phrases (R phrases) to indicate both category 1 or 2 and category 3 classification. However, providing both R phrases sends a conflicting message. Preparations should therefore only be classified and labelled with the higher category. |
| --- | --- |

(13)

Preparations composed of more than one substance being classified in Table 3.2 of Part 3 of Annex VI to Regulation (EC) No 1272/2008 as carcinogenic, mutagenic and/or toxic for reproduction had to be labelled with risk phrases (R phrases) to indicate both category 1 or 2 and category 3 classification. However, providing both R phrases sends a conflicting message. Preparations should therefore only be classified and labelled with the higher category.

| (14) | The references to R phrase R40 in Directive 67/548/EEC were amended by Commission Directive 2001/59/EC (12) when R phrase R40 was assigned to carcinogens of category 3. Consequently, the old wording of R phrase R40 became R68 and was used for mutagens of category 3 and for certain substances with non-lethal irreversible effects. The references to R phrase R40 in this Directive should be adapted accordingly. |
| --- | --- |

(14)

The references to R phrase R40 in Directive 67/548/EEC were amended by Commission Directive 2001/59/EC (12) when R phrase R40 was assigned to carcinogens of category 3. Consequently, the old wording of R phrase R40 became R68 and was used for mutagens of category 3 and for certain substances with non-lethal irreversible effects. The references to R phrase R40 in this Directive should be adapted accordingly.

| (15) | Annex VI to Directive 67/548/EEC as amended by Directive 2001/59/EC gives clear advice on the classification of substances and preparations for corrosive effects. In this Directive, preparations should therefore be classified accordingly. |
| --- | --- |

(15)

Annex VI to Directive 67/548/EEC as amended by Directive 2001/59/EC gives clear advice on the classification of substances and preparations for corrosive effects. In this Directive, preparations should therefore be classified accordingly.

| (16) | It is known that cement preparations containing chromium (VI) may cause allergic reactions in certain circumstances. Such preparations should display the relevant warning label. |
| --- | --- |

(16)

It is known that cement preparations containing chromium (VI) may cause allergic reactions in certain circumstances. Such preparations should display the relevant warning label.

| (17) | Directive 67/548/EEC as amended by Commission Directive 98/98/EC (13) provides for new criteria and a new R phrase (R67) for vapours which may cause drowsiness and dizziness. Preparations should be classified and labelled accordingly. |
| --- | --- |

(17)

Directive 67/548/EEC as amended by Commission Directive 98/98/EC (13) provides for new criteria and a new R phrase (R67) for vapours which may cause drowsiness and dizziness. Preparations should be classified and labelled accordingly.

| (18) | Criteria developed for classifying and labelling substances dangerous for the environment were introduced together with the appropriate symbols, indications of danger, risk phrases and safety advice required to appear on labelling, by Council Directive 92/32/EEC of 30 April 1992 amending for the seventh time Directive 67/548/EEC (14) and by Commission Directive 93/21/EEC of 27 April 1993 adapting to technical progress for the 18th time Council Directive 67/548/EEC (15). Provisions are required at Union level on the classification and labelling of preparations to take account of their effects on the environment, and it is therefore necessary to provide for a method for assessing the hazards of a given preparation for the environment either by a calculation method, or by determining the ecotoxicological properties by test methods under certain conditions. |
| --- | --- |

(18)

Criteria developed for classifying and labelling substances dangerous for the environment were introduced together with the appropriate symbols, indications of danger, risk phrases and safety advice required to appear on labelling, by Council Directive 92/32/EEC of 30 April 1992 amending for the seventh time Directive 67/548/EEC (14) and by Commission Directive 93/21/EEC of 27 April 1993 adapting to technical progress for the 18th time Council Directive 67/548/EEC (15). Provisions are required at Union level on the classification and labelling of preparations to take account of their effects on the environment, and it is therefore necessary to provide for a method for assessing the hazards of a given preparation for the environment either by a calculation method, or by determining the ecotoxicological properties by test methods under certain conditions.

| (19) | For substances very toxic to the aquatic environment (classified as N) and assigned the R phrases R50 or R50/53, specific concentration limits (SCLs) are applied to substances listed in Table 3.2 of Part 3 of Annex VI to Regulation (EC) No 1272/2008 in order to avoid an underestimation of the hazard. This measure creates distortions between preparations containing substances listed in that Annex, to which SCLs are applied, and those preparations containing substances not yet included in that Annex, but classified and labelled provisionally in accordance with Article 6 of Directive 67/548/EEC and to which no SCLs are applicable. It is therefore necessary to ensure that SCLs are applied in the same way to all preparations containing substances very toxic to the aquatic environment. |
| --- | --- |

(19)

For substances very toxic to the aquatic environment (classified as N) and assigned the R phrases R50 or R50/53, specific concentration limits (SCLs) are applied to substances listed in Table 3.2 of Part 3 of Annex VI to Regulation (EC) No 1272/2008 in order to avoid an underestimation of the hazard. This measure creates distortions between preparations containing substances listed in that Annex, to which SCLs are applied, and those preparations containing substances not yet included in that Annex, but classified and labelled provisionally in accordance with Article 6 of Directive 67/548/EEC and to which no SCLs are applicable. It is therefore necessary to ensure that SCLs are applied in the same way to all preparations containing substances very toxic to the aquatic environment.

| (20) | Directive 2001/59/EC revised the criteria in Annex VI to Directive 67/548/EEC for the classification and labelling of ozone depleting substances. The revised Annex III now only provides for the assignment of the symbol N in addition to R phrase R59. Preparations should be classified and labelled accordingly. |
| --- | --- |

(20)

Directive 2001/59/EC revised the criteria in Annex VI to Directive 67/548/EEC for the classification and labelling of ozone depleting substances. The revised Annex III now only provides for the assignment of the symbol N in addition to R phrase R59. Preparations should be classified and labelled accordingly.

| (21) | The confidentiality of certain substances contained in the preparations should be guaranteed, and it is therefore necessary to institute a system which allows the person responsible for placing the preparation on the market to request confidentiality for such substances. |
| --- | --- |

(21)

The confidentiality of certain substances contained in the preparations should be guaranteed, and it is therefore necessary to institute a system which allows the person responsible for placing the preparation on the market to request confidentiality for such substances.

| (22) | The label constitutes a basic tool for users of the dangerous preparations in so far as it provides them with the initial essential concise information. It nevertheless needs to be supplemented by a two-fold system of more detailed information, consisting firstly of the safety data sheet intended for professional users as provided for in Regulation (EC) No 1907/2006 and secondly of the bodies appointed by the Member States which are responsible for the provision of information solely for medical purposes, both preventive and curative. |
| --- | --- |

(22)

The label constitutes a basic tool for users of the dangerous preparations in so far as it provides them with the initial essential concise information. It nevertheless needs to be supplemented by a two-fold system of more detailed information, consisting firstly of the safety data sheet intended for professional users as provided for in Regulation (EC) No 1907/2006 and secondly of the bodies appointed by the Member States which are responsible for the provision of information solely for medical purposes, both preventive and curative.

| (23) | Containers containing certain categories of dangerous preparations offered or sold to the general public must be fitted with child-resistant fastenings and/or carry a tactile warning of danger. Certain preparations not falling within these categories of danger may nevertheless, owing to their composition, present a danger for children. The packaging of such preparations should therefore be equipped with child-resistant fastenings. |
| --- | --- |

(23)

Containers containing certain categories of dangerous preparations offered or sold to the general public must be fitted with child-resistant fastenings and/or carry a tactile warning of danger. Certain preparations not falling within these categories of danger may nevertheless, owing to their composition, present a danger for children. The packaging of such preparations should therefore be equipped with child-resistant fastenings.

| (24) | In order to take account of certain preparations which, although they are not considered dangerous under this Directive, may nevertheless present a danger for users, it is necessary that certain provisions of this Directive cover such preparations. |
| --- | --- |

(24)

In order to take account of certain preparations which, although they are not considered dangerous under this Directive, may nevertheless present a danger for users, it is necessary that certain provisions of this Directive cover such preparations.

| (25) | This Directive contains special labelling provisions applicable to certain preparations. To ensure an adequate level of protection for man and the environment, special labelling provisions should also be laid down for certain preparations which, although not dangerous within the meaning of this Directive, may nevertheless present a danger to the user. |
| --- | --- |

(25)

This Directive contains special labelling provisions applicable to certain preparations. To ensure an adequate level of protection for man and the environment, special labelling provisions should also be laid down for certain preparations which, although not dangerous within the meaning of this Directive, may nevertheless present a danger to the user.

| (26) | In the case of preparations classified as dangerous within the meaning of this Directive, it is appropriate to permit Member States to allow certain derogations with respect to labelling where the packaging is too small, or otherwise unsuitable for labelling, or where such small packaging or such small quantities are involved that there is no reason to fear any danger to man or the environment. In such cases appropriate consideration should also be given to the approximation of the relevant provisions at Union level. |
| --- | --- |

(26)

In the case of preparations classified as dangerous within the meaning of this Directive, it is appropriate to permit Member States to allow certain derogations with respect to labelling where the packaging is too small, or otherwise unsuitable for labelling, or where such small packaging or such small quantities are involved that there is no reason to fear any danger to man or the environment. In such cases appropriate consideration should also be given to the approximation of the relevant provisions at Union level.

| (27) | It is appropriate to provide, in relation to environmental labelling, that specific exemptions or specific provisions may be decided upon in specific cases where it can be demonstrated that the overall environmental impact of the product types in question is lower than that of corresponding product types. |
| --- | --- |

(27)

It is appropriate to provide, in relation to environmental labelling, that specific exemptions or specific provisions may be decided upon in specific cases where it can be demonstrated that the overall environmental impact of the product types in question is lower than that of corresponding product types.

| (28) | In order to supplement or amend certain non-essential elements of this Directive, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of determining exemptions to certain provisions on environmental labelling, deciding on measures in the framework of the special provisions on the labelling of certain preparations and adapting the Annexes to technical progress. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. |
| --- | --- |

(28)

In order to supplement or amend certain non-essential elements of this Directive, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of determining exemptions to certain provisions on environmental labelling, deciding on measures in the framework of the special provisions on the labelling of certain preparations and adapting the Annexes to technical progress. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

| (29) | In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (16). |
| --- | --- |

(29)

In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (16).

| (30) | This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law of the Directives set out in Annex VIII, Part B, |
| --- | --- |

(30)

This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law of the Directives set out in Annex VIII, Part B,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Objectives and scope

1.   This Directive aims at the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations, and to the approximation of specific provisions for certain preparations which may present hazards, whether or not they are classified as dangerous within the meaning of this Directive, when such preparations are placed on the market of the Member States.

2.   This Directive shall apply to preparations which:

| (a) | contain at least one dangerous substance within the meaning of Article 2; and |
| --- | --- |

(a)

contain at least one dangerous substance within the meaning of Article 2; and

| (b) | are considered dangerous within the meaning of Article 5, 6 or 7. |
| --- | --- |

(b)

are considered dangerous within the meaning of Article 5, 6 or 7.

3.   The specific provisions set out in Article 9 and Annex IV, and those set out in Article 10 and Annex V shall also apply to preparations which are not considered dangerous within the meaning of Article 5, 6 or 7 but which may nevertheless present a specific hazard.

4.   Without prejudice to Regulation (EC) No 1107/2009, the articles on classification, packaging and labelling of this Directive shall apply to plant protection products.

5.   This Directive shall not apply to the following preparations in the finished state, intended for the final user:

| (a) | veterinary medicinal products and medicinal products for human use, as defined in Directives 2001/82/EC (17) and 2001/83/EC (18) of the European Parliament and of the Council respectively; |
| --- | --- |

(a)

veterinary medicinal products and medicinal products for human use, as defined in Directives 2001/82/EC (17) and 2001/83/EC (18) of the European Parliament and of the Council respectively;

| (b) | cosmetic products as defined in Council Directive 76/768/EEC (19); |
| --- | --- |

(b)

cosmetic products as defined in Council Directive 76/768/EEC (19);

| (c) | mixtures of substances which, in the form of waste, are covered by Directive 2008/98/EC of the European Parliament and of the Council (20); |
| --- | --- |

(c)

mixtures of substances which, in the form of waste, are covered by Directive 2008/98/EC of the European Parliament and of the Council (20);

| (d) | foodstuffs; |
| --- | --- |

(d)

foodstuffs;

| (e) | animal feedingstuffs; |
| --- | --- |

(e)

animal feedingstuffs;

| (f) | preparations containing radioactive substances as defined by Council Directive 96/29/Euratom (21); |
| --- | --- |

(f)

preparations containing radioactive substances as defined by Council Directive 96/29/Euratom (21);

| (g) | medical devices which are invasive or used in direct physical contact with the human body in so far as Union measures lay down provisions for the classification and labelling of dangerous substances and preparations which ensure the same level of information provision and protection as this Directive. |
| --- | --- |

(g)

medical devices which are invasive or used in direct physical contact with the human body in so far as Union measures lay down provisions for the classification and labelling of dangerous substances and preparations which ensure the same level of information provision and protection as this Directive.

6.   This Directive shall not apply to:

| (a) | the carriage of dangerous preparations by rail, road, inland waterway, sea or air; |
| --- | --- |

(a)

the carriage of dangerous preparations by rail, road, inland waterway, sea or air;

| (b) | preparations in transit which are under customs supervision, provided they do not undergo any treatment or processing. |
| --- | --- |

(b)

preparations in transit which are under customs supervision, provided they do not undergo any treatment or processing.

Article 2

Definitions

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

| (a) | ‘substances’ means chemical elements and their compounds in the natural state or obtained by any production process, including any additive necessary to preserve the stability of the products and any impurity deriving from the process used, but excluding any solvent which may be separated without affecting the stability of the substance or changing its composition; |
| --- | --- |

(a)

‘substances’ means chemical elements and their compounds in the natural state or obtained by any production process, including any additive necessary to preserve the stability of the products and any impurity deriving from the process used, but excluding any solvent which may be separated without affecting the stability of the substance or changing its composition;

| (b) | ‘preparations’ means mixtures or solutions composed of two or more substances; |
| --- | --- |

(b)

‘preparations’ means mixtures or solutions composed of two or more substances;

| (c) | ‘polymer’ means a substance consisting of molecules characterised by the sequence of one or more types of monomer units and comprising a simple weight majority of molecules containing at least three monomer units which are covalently bound to at least one other monomer unit or other reactant and consists of less than a simple weight majority of molecules of the same molecular weight. Such molecules must be distributed over a range of molecular weights wherein differences in the molecular weight are primarily attributable to differences in the number of monomer units. In the context of this definition a ‘monomer unit’ means the reacted form of a monomer in a polymer; |
| --- | --- |

(c)

‘polymer’ means a substance consisting of molecules characterised by the sequence of one or more types of monomer units and comprising a simple weight majority of molecules containing at least three monomer units which are covalently bound to at least one other monomer unit or other reactant and consists of less than a simple weight majority of molecules of the same molecular weight. Such molecules must be distributed over a range of molecular weights wherein differences in the molecular weight are primarily attributable to differences in the number of monomer units. In the context of this definition a ‘monomer unit’ means the reacted form of a monomer in a polymer;

| (d) | ‘placing on the market’ means making available to third parties. Importation into the customs territory of the Union shall be deemed to be placing on the market for the purposes of this Directive; |
| --- | --- |

(d)

‘placing on the market’ means making available to third parties. Importation into the customs territory of the Union shall be deemed to be placing on the market for the purposes of this Directive;

| (e) | ‘scientific research and development’ means scientific experimentation, analysis or chemical research carried out under controlled conditions; it includes the determination of intrinsic properties, performance and efficacy as well as scientific investigation related to product development; |
| --- | --- |

(e)

‘scientific research and development’ means scientific experimentation, analysis or chemical research carried out under controlled conditions; it includes the determination of intrinsic properties, performance and efficacy as well as scientific investigation related to product development;

| (f) | ‘process-orientated research and development’ means the further development of a substance in the course of which pilot plant or production trials are used to test the fields of application of the substance; |
| --- | --- |

(f)

‘process-orientated research and development’ means the further development of a substance in the course of which pilot plant or production trials are used to test the fields of application of the substance;

| (g) | ‘Einecs’ means the European Inventory of Existing Commercial Chemical Substances. This inventory contains the definitive list of all chemical substances deemed to be on the Union market on 18 September 1981. |
| --- | --- |

(g)

‘Einecs’ means the European Inventory of Existing Commercial Chemical Substances. This inventory contains the definitive list of all chemical substances deemed to be on the Union market on 18 September 1981.

2.   The following are ‘dangerous’ within the meaning of this Directive:

| (a) | explosive substances and preparations: solid, liquid, pasty or gelatinous substances and preparations which may also react exothermically without atmospheric oxygen thereby quickly evolving gases, and which, under defined test conditions, detonate, quickly deflagrate or upon heating explode when partially confined; |
| --- | --- |

(a)

explosive substances and preparations: solid, liquid, pasty or gelatinous substances and preparations which may also react exothermically without atmospheric oxygen thereby quickly evolving gases, and which, under defined test conditions, detonate, quickly deflagrate or upon heating explode when partially confined;

| (b) | oxidising substances and preparations: substances and preparations which give rise to a highly exothermic reaction in contact with other substances, particularly flammable substances; |
| --- | --- |

(b)

oxidising substances and preparations: substances and preparations which give rise to a highly exothermic reaction in contact with other substances, particularly flammable substances;

| (c) | extremely flammable substances and preparations: liquid substances and preparations having an extremely low flash-point and a low boiling-point and gaseous substances and preparations which are flammable in contact with air at ambient temperature and pressure; |
| --- | --- |

(c)

extremely flammable substances and preparations: liquid substances and preparations having an extremely low flash-point and a low boiling-point and gaseous substances and preparations which are flammable in contact with air at ambient temperature and pressure;

| (d) | highly flammable substances and preparations:






  (i) | substances and preparations which may become hot and finally catch fire in contact with air at ambient temperature without any application of energy; or |
| --- | --- | --- |

(d)

highly flammable substances and preparations:

(i)

substances and preparations which may become hot and finally catch fire in contact with air at ambient temperature without any application of energy; or

| (ii) | solid substances and preparations which may readily catch fire after brief contact with a source of ignition and which continue to burn or to be consumed after removal of the source of ignition; or |
| --- | --- |

(ii)

solid substances and preparations which may readily catch fire after brief contact with a source of ignition and which continue to burn or to be consumed after removal of the source of ignition; or

| (iii) | liquid substances and preparations having a very low flash-point; or |
| --- | --- |

(iii)

liquid substances and preparations having a very low flash-point; or

| (iv) | substances and preparations which, in contact with water or damp air, evolve extremely flammable gases in dangerous quantities; |
| --- | --- |

(iv)

substances and preparations which, in contact with water or damp air, evolve extremely flammable gases in dangerous quantities;

| (e) | flammable substances and preparations: liquid substances and preparations having a low flash-point; |
| --- | --- |

(e)

flammable substances and preparations: liquid substances and preparations having a low flash-point;

| (f) | very toxic substances and preparations: substances and preparations which in very low quantities cause death or acute or chronic damage to health when inhaled, swallowed or absorbed via the skin; |
| --- | --- |

(f)

very toxic substances and preparations: substances and preparations which in very low quantities cause death or acute or chronic damage to health when inhaled, swallowed or absorbed via the skin;

| (g) | toxic substances and preparations: substances and preparations which in low quantities cause death or acute or chronic damage to health when inhaled, swallowed or absorbed via the skin; |
| --- | --- |

(g)

toxic substances and preparations: substances and preparations which in low quantities cause death or acute or chronic damage to health when inhaled, swallowed or absorbed via the skin;

| (h) | harmful substances and preparations: substances and preparations which may cause death or acute or chronic damage to health when inhaled, swallowed or absorbed via the skin; |
| --- | --- |

(h)

harmful substances and preparations: substances and preparations which may cause death or acute or chronic damage to health when inhaled, swallowed or absorbed via the skin;

| (i) | corrosive substances and preparations: substances and preparations which may, on contact with living tissues, destroy them; |
| --- | --- |

(i)

corrosive substances and preparations: substances and preparations which may, on contact with living tissues, destroy them;

| (j) | irritant substances and preparations: non-corrosive substances and preparations which, through immediate, prolonged or repeated contact with the skin or mucous membrane, may cause inflammation; |
| --- | --- |

(j)

irritant substances and preparations: non-corrosive substances and preparations which, through immediate, prolonged or repeated contact with the skin or mucous membrane, may cause inflammation;

| (k) | sensitising substances and preparations: substances and preparations which, if they are inhaled or if they penetrate the skin, are capable of eliciting a reaction of hypersensitisation such that on further exposure to the substance or preparation, characteristic adverse effects are produced; |
| --- | --- |

(k)

sensitising substances and preparations: substances and preparations which, if they are inhaled or if they penetrate the skin, are capable of eliciting a reaction of hypersensitisation such that on further exposure to the substance or preparation, characteristic adverse effects are produced;

| (l) | carcinogenic substances and preparations: substances or preparations which, if they are inhaled or ingested or if they penetrate the skin, may induce cancer or increase its incidence; |
| --- | --- |

(l)

carcinogenic substances and preparations: substances or preparations which, if they are inhaled or ingested or if they penetrate the skin, may induce cancer or increase its incidence;

| (m) | mutagenic substances and preparations: substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may induce heritable genetic defects or increase their incidence; |
| --- | --- |

(m)

mutagenic substances and preparations: substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may induce heritable genetic defects or increase their incidence;

| (n) | substances and preparations which are toxic for reproduction: substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may produce, or increase the incidence of, non-heritable adverse effects in the progeny and/or an impairment of male or female reproductive functions or capacity; |
| --- | --- |

(n)

substances and preparations which are toxic for reproduction: substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may produce, or increase the incidence of, non-heritable adverse effects in the progeny and/or an impairment of male or female reproductive functions or capacity;

| (o) | substances and preparations which are dangerous for the environment: substances and preparations which, were they to enter the environment, would or could present an immediate or delayed danger for one or more components of the environment. |
| --- | --- |

(o)

substances and preparations which are dangerous for the environment: substances and preparations which, were they to enter the environment, would or could present an immediate or delayed danger for one or more components of the environment.

Article 3

Determination of dangerous properties of preparations

1.   The evaluation of the hazards of a preparation shall be based on the determination of:

| (a) | physico-chemical properties; |
| --- | --- |

(a)

physico-chemical properties;

| (b) | properties affecting health; |
| --- | --- |

(b)

properties affecting health;

| (c) | environmental properties. |
| --- | --- |

(c)

environmental properties.

Those different properties shall be determined in accordance with Articles 5, 6 and 7.

Where laboratory tests are conducted, they shall be carried out on the preparation as placed on the market.

2.   Where the determination of dangerous properties is carried out in accordance with Articles 5, 6 and 7, all dangerous substances within the meaning of Article 2 and in particular the following shall be taken into consideration in accordance with the provisions laid down in the method used:

| (a) | substances listed in Part 3 of Annex VI to Regulation (EC) No 1272/2008; |
| --- | --- |

(a)

substances listed in Part 3 of Annex VI to Regulation (EC) No 1272/2008;

| (b) | substances classified and labelled provisionally by the person responsible for the placing on the market in accordance with Article 6 of Directive 67/548/EEC. |
| --- | --- |

(b)

substances classified and labelled provisionally by the person responsible for the placing on the market in accordance with Article 6 of Directive 67/548/EEC.

3.   For preparations covered by this Directive, dangerous substances as referred to in paragraph 2 which are classified as dangerous on the basis of their health and/or environmental effects, whether they are present as impurities or additives, shall be taken into consideration when their concentrations are equal to, or greater than, those defined in the following table unless lower values are given in Part 3 of Annex VI to Regulation (EC) No 1272/2008 , or in Part B of Annex II to this Directive or in Part B of Annex III thereto, unless otherwise specified in Annex V to this Directive.

| Category of danger of the substance | Concentration to take into consideration for |
| --- | --- |
| gaseous preparations
  % vol/vol | other preparations
  % w/w |
| Very toxic | ≥ 0,02 | ≥ 0,1 |
| Toxic | ≥ 0,02 | ≥ 0,1 |
| Carcinogenic
  Category 1 or 2 | ≥ 0,02 | ≥ 0,1 |
| Mutagenic
  Category 1 or 2 | ≥ 0,02 | ≥ 0,1 |
| Toxic for reproduction
  Category 1 or 2 | ≥ 0,02 | ≥ 0,1 |
| Harmful | ≥ 0,2 | ≥ 1 |
| Corrosive | ≥ 0,02 | ≥ 1 |
| Irritant | ≥ 0,2 | ≥ 1 |
| Sensitising | ≥ 0,2 | ≥ 1 |
| Carcinogenic
  Category 3 | ≥ 0,2 | ≥ 1 |
| Mutagenic
  Category 3 | ≥ 0,2 | ≥ 1 |
| Toxic for reproduction
  Category 3 | ≥ 0,2 | ≥ 1 |
| Dangerous for the environment N | | ≥ 0,1 |
| Dangerous for the environment ozone | ≥ 0,1 | ≥ 0,1 |
| Dangerous for the environment | | ≥ 1 |

Category of danger of the substance

Concentration to take into consideration for

gaseous preparations

% vol/vol

other preparations

% w/w

Very toxic

≥ 0,02

≥ 0,1

Toxic

≥ 0,02

≥ 0,1

Carcinogenic

Category 1 or 2

≥ 0,02

≥ 0,1

Mutagenic

Category 1 or 2

≥ 0,02

≥ 0,1

Toxic for reproduction

Category 1 or 2

≥ 0,02

≥ 0,1

Harmful

≥ 0,2

≥ 1

Corrosive

≥ 0,02

≥ 1

Irritant

≥ 0,2

≥ 1

Sensitising

≥ 0,2

≥ 1

Carcinogenic

Category 3

≥ 0,2

≥ 1

Mutagenic

Category 3

≥ 0,2

≥ 1

Toxic for reproduction

Category 3

≥ 0,2

≥ 1

Dangerous for the environment N

≥ 0,1

Dangerous for the environment ozone

≥ 0,1

≥ 0,1

Dangerous for the environment

≥ 1

Article 4

General principles of classification and labelling

1.   The classification of dangerous preparations according to the degree and specific nature of the hazards involved shall be based on the definitions of categories of danger laid down in Article 2.

2.   The general principles of the classification and labelling of preparations shall be applied in accordance with the criteria laid down in Annex VI to Directive 67/548/EEC, save where alternative criteria referred to in Article 5, 6, 7 or 10 and the relevant Annexes of this Directive are applied.

Article 5

Evaluation of the hazards deriving from physico-chemical properties

1.   The hazards of a preparation deriving from its physico-chemical properties shall be assessed by determining, by means of the methods specified in Part A of the Annex to Council Regulation (EC) No 440/2008 (22), the physico-chemical properties of the preparation necessary for appropriate classification and labelling in accordance with the criteria laid down in Annex VI to Directive 67/548/EEC.

2.   By way of derogation from paragraph 1, the determination of the explosive, oxidising, extremely flammable, highly flammable, or flammable properties is not necessary provided that:

| (a) | none of the constituents possesses such properties and that, on the basis of the information available to the manufacturer, the preparation is unlikely to present hazards of this kind; |
| --- | --- |

(a)

none of the constituents possesses such properties and that, on the basis of the information available to the manufacturer, the preparation is unlikely to present hazards of this kind;

| (b) | in the event of a change in the composition of a preparation of known composition, scientific evidence indicates that a reassessment of the hazards will not lead to a change in classification; |
| --- | --- |

(b)

in the event of a change in the composition of a preparation of known composition, scientific evidence indicates that a reassessment of the hazards will not lead to a change in classification;

| (c) | preparations placed on the market in the form of aerosols satisfy the provisions of Article 8(1a) of Council Directive 75/324/EEC (23). |
| --- | --- |

(c)

preparations placed on the market in the form of aerosols satisfy the provisions of Article 8(1a) of Council Directive 75/324/EEC (23).

3.   For certain cases for which the methods laid down in Part A of the Annex to Regulation (EC) No 440/2008 are not appropriate, alternative calculation methods are laid down in Part B of Annex I to this Directive.

4.   Certain exemptions from the application of the methods laid down in Part A of the Annex to Regulation (EC) No 440/2008 are referred to in Part A of Annex I to this Directive.

5.   The hazards deriving from the physico-chemical properties of a preparation covered by Regulation (EC) No 1107/2009 shall be assessed by determining the physico-chemical properties of the preparation necessary for appropriate classification in accordance with the criteria set out in Annex VI to Directive 67/548/EEC. Those properties shall be determined by means of the methods laid down in Part A of the Annex to Regulation (EC) No 440/2008 unless other internationally recognised methods are acceptable in accordance with the provisions of Commission Regulations (EU) No 544/2011 (24) and (EU) No 545/2011 (25).

Article 6

Evaluation of health hazards

1.   The health hazards of a preparation shall be assessed by one or more of the following procedures:

| (a) | by a conventional method described in Annex II; |
| --- | --- |

(a)

by a conventional method described in Annex II;

| (b) | by determining the toxicological properties of the preparation necessary for appropriate classification in accordance with the criteria in Annex VI to Directive 67/548/EEC. Those properties shall be determined by means of the methods laid down in Part B of the Annex to Regulation (EC) No 440/2008, unless, in the case of plant protection products, other internationally recognised methods are acceptable in accordance with the provisions of Regulations (EU) No 544/2011 and (EU) No 545/2011. |
| --- | --- |

(b)

by determining the toxicological properties of the preparation necessary for appropriate classification in accordance with the criteria in Annex VI to Directive 67/548/EEC. Those properties shall be determined by means of the methods laid down in Part B of the Annex to Regulation (EC) No 440/2008, unless, in the case of plant protection products, other internationally recognised methods are acceptable in accordance with the provisions of Regulations (EU) No 544/2011 and (EU) No 545/2011.

2.   Without prejudice to the requirements of Regulation (EC) No 1107/2009 , only where it can be scientifically demonstrated by the person responsible for placing the preparation on the market that the toxicological properties of the preparation cannot correctly be determined by the method outlined in point (a) of paragraph 1, or on the basis of existing test results on animals, the methods outlined in point (b) of paragraph 1 may be used, provided they are justified or specifically authorised under Article 12 of Directive 86/609/EEC.

When a toxicological property is established by the methods outlined in point (b) of paragraph 1 to obtain new data, the test shall be conducted in compliance with the principles of good laboratory practice provided for in Directive 2004/10/EC of the European Parliament and the Council (26) and the provisions of Directive 86/609/EEC, in particular Articles 7 and 12 thereof.

Subject to the provisions of paragraph 3, where a toxicological property has been established on the basis of both the methods outlined in points (a) and (b) of paragraph 1, the results from the methods outlined in point (b) of paragraph 1 shall be used for classifying the preparation, except in the case of carcinogenic, mutagenic or toxic effects for reproduction for which only the method outlined in point (a) of paragraph 1 shall be used.

Any of the toxicological properties of the preparation which are not assessed by the method outlined in point (b) of paragraph 1 shall be assessed in accordance with the method outlined in point (a) of paragraph 1.

3.   Furthermore, where it can be demonstrated by epidemiological studies, by scientifically valid case studies as specified by Annex VI to Directive 67/548/EEC or by statistically backed experience, such as the assessment of data from poison information units or concerning occupational diseases:

| — | that toxicological effects on man differ from those suggested by the application of the methods outlined in paragraph 1, then the preparation shall be classified according to its effects on man, |
| --- | --- |

—

that toxicological effects on man differ from those suggested by the application of the methods outlined in paragraph 1, then the preparation shall be classified according to its effects on man,

| — | that, owing to effects such as potentiation, a conventional assessment would underestimate the toxicological hazard, those effects shall be taken into account in classifying the preparation, |
| --- | --- |

—

that, owing to effects such as potentiation, a conventional assessment would underestimate the toxicological hazard, those effects shall be taken into account in classifying the preparation,

| — | that, owing to effects such as antagonism, a conventional assessment would overestimate the toxicological hazard, those effects shall be taken into account in classifying the preparation. |
| --- | --- |

—

that, owing to effects such as antagonism, a conventional assessment would overestimate the toxicological hazard, those effects shall be taken into account in classifying the preparation.

4.   For preparations of a known composition, with the exception of those covered by Regulation (EC) No 1107/2009 , classified in accordance with point (b) of paragraph 1, a new evaluation of health hazard by the methods outlined in either point (a) or point (b) of paragraph 1 shall be performed whenever:

| — | changes of composition of the initial concentration, as a weight/weight or volume/volume percentage, of one or more of the dangerous constituents are introduced by the manufacturer, in accordance with the following table:






  Initial concentration range of the constituent | Permitted variation in initial concentration of the constituent |
| --- | --- | --- |
| ≤ 2,5  % | ± 30 % |
| > 2,5  ≤ 10 % | ± 20 % |
| > 10 ≤ 25 % | ± 10 % |
| > 25 ≤ 100 % | ± 5 % |

—

changes of composition of the initial concentration, as a weight/weight or volume/volume percentage, of one or more of the dangerous constituents are introduced by the manufacturer, in accordance with the following table:

Initial concentration range of the constituent

Permitted variation in initial concentration of the constituent

≤ 2,5  %

± 30 %

> 2,5  ≤ 10 %

± 20 %

> 10 ≤ 25 %

± 10 %

> 25 ≤ 100 %

± 5 %

| — | changes of composition involving the substitution or addition of one or more constituents, which may or may not be dangerous within the meaning of the definitions set out in Article 2, are introduced by the manufacturer. |
| --- | --- |

—

changes of composition involving the substitution or addition of one or more constituents, which may or may not be dangerous within the meaning of the definitions set out in Article 2, are introduced by the manufacturer.

This new evaluation will apply unless there is valid scientific justification for considering that a re-evaluation of the hazard will not result in a change of classification.

Article 7

Evaluation of environmental hazards

1.   The hazards of a preparation for the environment shall be assessed by one or more of the following procedures:

| (a) | by a conventional method described in Annex III; |
| --- | --- |

(a)

by a conventional method described in Annex III;

| (b) | by determining the hazardous properties of the preparation for the environment necessary for appropriate classification in accordance with the criteria set out in Annex VI to Directive 67/548/EEC. Those properties shall be determined by means of the methods laid down in Part C of the Annex to Regulation (EC) No 440/2008 unless, in the case of plant protection products, other internationally recognised methods are acceptable in accordance with the provisions of Regulations (EU) No 544/2011 and (EU) No 545/2011. Without prejudice to the testing requirements laid down in or pursuant to Regulation (EC) No 1107/2009 , the conditions for application of the test methods are described in Part C of Annex III to this Directive. |
| --- | --- |

(b)

by determining the hazardous properties of the preparation for the environment necessary for appropriate classification in accordance with the criteria set out in Annex VI to Directive 67/548/EEC. Those properties shall be determined by means of the methods laid down in Part C of the Annex to Regulation (EC) No 440/2008 unless, in the case of plant protection products, other internationally recognised methods are acceptable in accordance with the provisions of Regulations (EU) No 544/2011 and (EU) No 545/2011. Without prejudice to the testing requirements laid down in or pursuant to Regulation (EC) No 1107/2009 , the conditions for application of the test methods are described in Part C of Annex III to this Directive.

2.   Where an ecotoxicological property is established by one of the methods outlined in point (b) of paragraph 1 to obtain new data, the test shall be conducted in compliance with the principles of good laboratory practice provided for in Directive 2004/10/EC and with the provisions of Directive 86/609/EEC.

Where the environmental hazards have been assessed in compliance with both of the procedures mentioned above, the results of the methods referred to in point (b) of paragraph 1 shall be used for classifying the preparation.

3.   For preparations of a known composition, with the exception of those covered by Regulation (EC) No 1107/2009, classified in accordance with the method outlined in point (b) of paragraph 1, a new evaluation of environmental hazard either by the method outlined in point (a) of paragraph 1 or that outlined in point (b) of paragraph 1 shall be performed whenever:

| — | changes of composition of the initial concentration, as a weight/weight or volume/volume percentage, of one or more of the dangerous constituents are introduced by the manufacturer, in accordance with the following table:






  Initial concentration range of the constituent | Permitted variation in initial concentration of the constituent |
| --- | --- | --- |
| ≤ 2,5  % | ± 30 % |
| > 2,5  ≤ 10 % | ± 20 % |
| > 10 ≤ 25 % | ± 10 % |
| > 25 ≤ 100 % | ± 5 % |

—

changes of composition of the initial concentration, as a weight/weight or volume/volume percentage, of one or more of the dangerous constituents are introduced by the manufacturer, in accordance with the following table:

Initial concentration range of the constituent

Permitted variation in initial concentration of the constituent

≤ 2,5  %

± 30 %

> 2,5  ≤ 10 %

± 20 %

> 10 ≤ 25 %

± 10 %

> 25 ≤ 100 %

± 5 %

| — | changes of composition involving the substitution or addition of one or more constituents, which may or may not be dangerous within the meaning of the definitions set out in Article 2, are introduced by the manufacturer. |
| --- | --- |

—

changes of composition involving the substitution or addition of one or more constituents, which may or may not be dangerous within the meaning of the definitions set out in Article 2, are introduced by the manufacturer.

This new evaluation will apply unless there is valid scientific justification for considering that a re-evaluation of the hazard will not result in a change of classification.

Article 8

Obligations and duties of the Member States

1.   Member States shall take all necessary measures to ensure that the preparations covered by this Directive cannot be placed on the market unless they comply with it.

2.   In order to ensure compliance with this Directive, the authorities of the Member States may request information on the composition of the preparation and any other pertinent information from any person responsible for placing the preparation on the market.

3.   Member States shall take all necessary measures to ensure that those responsible for placing the preparation on the market keep at the disposal of the authorities of the Member States:

| (a) | the data used for the classification and labelling of the preparation; |
| --- | --- |

(a)

the data used for the classification and labelling of the preparation;

| (b) | any pertinent information relating to packaging requirements in accordance with point (c) of Article 9, including the test certificate issued in accordance with Part A of Annex IX to Directive 67/548/EEC; |
| --- | --- |

(b)

any pertinent information relating to packaging requirements in accordance with point (c) of Article 9, including the test certificate issued in accordance with Part A of Annex IX to Directive 67/548/EEC;

| (c) | the data used for establishing the safety data sheet, in accordance with Article 31 of Regulation (EC) No 1907/2006. |
| --- | --- |

(c)

the data used for establishing the safety data sheet, in accordance with Article 31 of Regulation (EC) No 1907/2006.

4.   Member States and the Commission shall exchange information concerning the name and full address of the national authority or authorities responsible for communicating and exchanging information relating to the practical application of this Directive.

Article 9

Packaging

1.   Member States shall take all necessary measures to ensure that:

| (a) | preparations within the meaning of Article 1(2) and preparations covered by Annex IV pursuant to Article 1(3) cannot be placed on the market unless their packaging satisfies the following requirements:






  (i) | it shall be so designed and constructed that its contents cannot escape; this requirement shall not apply where special safety devices are prescribed; |
| --- | --- | --- |

(a)

preparations within the meaning of Article 1(2) and preparations covered by Annex IV pursuant to Article 1(3) cannot be placed on the market unless their packaging satisfies the following requirements:

(i)

it shall be so designed and constructed that its contents cannot escape; this requirement shall not apply where special safety devices are prescribed;

| (ii) | the materials constituting the packaging and fastenings must not be susceptible to adverse attack by the contents, or liable to form dangerous compounds with the contents; |
| --- | --- |

(ii)

the materials constituting the packaging and fastenings must not be susceptible to adverse attack by the contents, or liable to form dangerous compounds with the contents;

| (iii) | packaging and fastenings must be strong and solid throughout to ensure that they will not loosen and will safely meet the normal stresses and strains of handling; |
| --- | --- |

(iii)

packaging and fastenings must be strong and solid throughout to ensure that they will not loosen and will safely meet the normal stresses and strains of handling;

| (iv) | containers fitted with replaceable fastening devices shall be so designed that the packaging can be refastened repeatedly without the contents escaping; |
| --- | --- |

(iv)

containers fitted with replaceable fastening devices shall be so designed that the packaging can be refastened repeatedly without the contents escaping;

| (b) | containers which contain preparations within the meaning of Article 1(2) and preparations covered by Annex IV pursuant to Article 1(3) offered or sold to the general public do not have:






  (i) | either a shape and/or graphic decoration likely to attract or arouse the active curiosity of children or to mislead consumers; or |
| --- | --- | --- |

(b)

containers which contain preparations within the meaning of Article 1(2) and preparations covered by Annex IV pursuant to Article 1(3) offered or sold to the general public do not have:

(i)

either a shape and/or graphic decoration likely to attract or arouse the active curiosity of children or to mislead consumers; or

| (ii) | a presentation and/or a designation used for foodstuffs or animal feeding stuffs or medicinal or cosmetic products; |
| --- | --- |

(ii)

a presentation and/or a designation used for foodstuffs or animal feeding stuffs or medicinal or cosmetic products;

| (c) | containers which contain certain preparations offered or sold to the general public covered by Annex IV:






  (i) | are fitted with child-resistant fastenings; and/or |
| --- | --- | --- |

(c)

containers which contain certain preparations offered or sold to the general public covered by Annex IV:

(i)

are fitted with child-resistant fastenings; and/or

| (ii) | carry a tactile warning of danger. |
| --- | --- |

(ii)

carry a tactile warning of danger.

The devices must conform to the technical specifications given in Parts A and B of Annex IX to Directive 67/548/EEC.

2.   The packaging of preparations shall be deemed to satisfy the requirements of points (a)(i), (ii) and (iii) of paragraph 1 if it complies with the requirements for carriage of dangerous goods by rail, road, inland waterway, sea or air.

Article 10

Labelling

1.   Member States shall take all necessary measures to ensure that:

| (a) | preparations within the meaning of Article 1(2) cannot be placed on the market unless the labelling on their packaging satisfies all the requirements of this Article and the specific provisions of Parts A and B of Annex V; |
| --- | --- |

(a)

preparations within the meaning of Article 1(2) cannot be placed on the market unless the labelling on their packaging satisfies all the requirements of this Article and the specific provisions of Parts A and B of Annex V;

| (b) | preparations within the meaning of Article 1(3) as defined in Parts B and C of Annex V cannot be placed on the market unless the labelling on their packaging satisfies the requirements of points (a) and (b) of paragraph 3 of this Article and the specific provisions of Parts B and C of Annex V. |
| --- | --- |

(b)

preparations within the meaning of Article 1(3) as defined in Parts B and C of Annex V cannot be placed on the market unless the labelling on their packaging satisfies the requirements of points (a) and (b) of paragraph 3 of this Article and the specific provisions of Parts B and C of Annex V.

2.   With respect to plant protection products subject to Regulation (EC) No 1107/2009, the labelling requirements in accordance with this Directive shall be accompanied by the following wording:

‘To avoid risks to man and the environment, comply with the instructions for use.’

This labelling shall be without prejudice to the information required in accordance with Article 65 of Regulation (EC) No 1107/2009 and Annexes I and III to Commission Regulation (EU) No 547/2011 (27) .

27

3.   The following information shall be clearly and indelibly marked on any package:

| (a) | the trade name or designation of the preparation; |
| --- | --- |

(a)

the trade name or designation of the preparation;

| (b) | the name, full address and telephone number of the person established in the Union who is responsible for placing the preparation on the market, whether it be the manufacturer, the importer or the distributor; |
| --- | --- |

(b)

the name, full address and telephone number of the person established in the Union who is responsible for placing the preparation on the market, whether it be the manufacturer, the importer or the distributor;

| (c) | the chemical name of the substance or substances present in the preparation in accordance with the following detailed rules:






  (i) | for preparations classified T+, T, Xn in accordance with Article 6, only the substances T+, T, Xn present in concentrations equal to, or greater than, the lowest limit (limit Xn) for each of them laid down in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or, failing that, Part B of Annex II to this Directive have to be taken into consideration; |
| --- | --- | --- |

(c)

the chemical name of the substance or substances present in the preparation in accordance with the following detailed rules:

(i)

for preparations classified T+, T, Xn in accordance with Article 6, only the substances T+, T, Xn present in concentrations equal to, or greater than, the lowest limit (limit Xn) for each of them laid down in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or, failing that, Part B of Annex II to this Directive have to be taken into consideration;

+

n

+

n

n

| (ii) | for preparations classified C in accordance with Article 6, only C substances present in concentrations equal to, or greater than, the lowest limit (limit Xi) laid down in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or, failing that, Part B of Annex II to this Directive have to be taken into consideration; |
| --- | --- |

(ii)

for preparations classified C in accordance with Article 6, only C substances present in concentrations equal to, or greater than, the lowest limit (limit Xi) laid down in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or, failing that, Part B of Annex II to this Directive have to be taken into consideration;

i

| (iii) | the name of the substances which have given rise to the classification of the preparation in one or more of the following danger categories shall be mentioned on the label:






  — | carcinogen category 1, 2 or 3, |
| --- | --- | --- |

(iii)

the name of the substances which have given rise to the classification of the preparation in one or more of the following danger categories shall be mentioned on the label:

—

carcinogen category 1, 2 or 3,

| — | mutagen category 1, 2 or 3, |
| --- | --- |

—

mutagen category 1, 2 or 3,

| — | toxic for reproduction category 1, 2 or 3, |
| --- | --- |

—

toxic for reproduction category 1, 2 or 3,

| — | very toxic, toxic or harmful due to non-lethal effects after a single exposure, |
| --- | --- |

—

very toxic, toxic or harmful due to non-lethal effects after a single exposure,

| — | toxic or harmful due to severe effects after repeated or prolonged exposure, |
| --- | --- |

—

toxic or harmful due to severe effects after repeated or prolonged exposure,

| — | sensitising. |
| --- | --- |

—

sensitising.

The chemical name shall be one of the designations listed in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or an internationally recognised chemical nomenclature if no corresponding designation is yet listed in that Annex;

| (iv) | the name of any substance which led to the classification of the preparation in the following danger categories need not be mentioned on the label, unless the substance has to be mentioned pursuant to points (i), (ii) or (iii):






  — | explosive, |
| --- | --- | --- |

(iv)

the name of any substance which led to the classification of the preparation in the following danger categories need not be mentioned on the label, unless the substance has to be mentioned pursuant to points (i), (ii) or (iii):

—

explosive,

| — | oxidising, |
| --- | --- |

—

oxidising,

| — | extremely flammable, |
| --- | --- |

—

extremely flammable,

| — | highly flammable, |
| --- | --- |

—

highly flammable,

| — | flammable, |
| --- | --- |

—

flammable,

| — | irritant, |
| --- | --- |

—

irritant,

| — | dangerous for the environment; |
| --- | --- |

—

dangerous for the environment;

| (v) | as a general rule, a maximum of four chemical names shall suffice to identify the substances primarily responsible for the major health hazards which have given rise to the classification and the choice of the corresponding phrases referring to the risk involved. In some cases, more than four chemical names may be necessary; |
| --- | --- |

(v)

as a general rule, a maximum of four chemical names shall suffice to identify the substances primarily responsible for the major health hazards which have given rise to the classification and the choice of the corresponding phrases referring to the risk involved. In some cases, more than four chemical names may be necessary;

| (d) | the danger symbol(s) and indication(s) of danger. The danger symbols, where specified in this Directive, and indications of the dangers involved in the use of the preparation, shall be in accordance with Annexes II and VI to Directive 67/548/EEC and shall be applied in accordance with the evaluation of the hazards carried out in accordance with Annexes I, II and III to this Directive.
  Where more than one danger symbol must be assigned to a preparation the obligation to apply the symbol:






  (i) | T shall make the symbols C and X optional unless otherwise specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008; |
| --- | --- | --- |

(d)

the danger symbol(s) and indication(s) of danger. The danger symbols, where specified in this Directive, and indications of the dangers involved in the use of the preparation, shall be in accordance with Annexes II and VI to Directive 67/548/EEC and shall be applied in accordance with the evaluation of the hazards carried out in accordance with Annexes I, II and III to this Directive.

Where more than one danger symbol must be assigned to a preparation the obligation to apply the symbol:

(i)

T shall make the symbols C and X optional unless otherwise specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008;

| (ii) | C shall make the symbol X optional; |
| --- | --- |

(ii)

C shall make the symbol X optional;

| (iii) | E shall make the symbols F and O optional; |
| --- | --- |

(iii)

E shall make the symbols F and O optional;

| (iv) | Xn shall make the symbol Xi optional. |
| --- | --- |

(iv)

Xn shall make the symbol Xi optional.

n

i

The symbol(s) shall be printed in black on an orange-yellow background;

| (e) | the risk phrases (R phrases). The indications concerning special risks (R phrases) shall comply with Annexes III and VI to Directive 67/548/EEC and shall be assigned in accordance with the results of the hazard evaluation carried out in accordance with Annexes I, II, and III to this Directive.
  As a general rule, a maximum of six R phrases shall suffice to describe the risks; for this purpose, the combined phrases listed in Annex III to Directive 67/548/EEC shall be regarded as single phrases. However, if the preparation falls within more than one danger category, those standard phrases shall cover all the principal hazards associated with the preparation. In some cases more than six R phrases may be necessary.
  The standard phrases ‘extremely flammable’ or ‘highly flammable’ need not be used where they describe an indication of danger used in accordance with point (d) of this paragraph; |
| --- | --- |

(e)

the risk phrases (R phrases). The indications concerning special risks (R phrases) shall comply with Annexes III and VI to Directive 67/548/EEC and shall be assigned in accordance with the results of the hazard evaluation carried out in accordance with Annexes I, II, and III to this Directive.

As a general rule, a maximum of six R phrases shall suffice to describe the risks; for this purpose, the combined phrases listed in Annex III to Directive 67/548/EEC shall be regarded as single phrases. However, if the preparation falls within more than one danger category, those standard phrases shall cover all the principal hazards associated with the preparation. In some cases more than six R phrases may be necessary.

The standard phrases ‘extremely flammable’ or ‘highly flammable’ need not be used where they describe an indication of danger used in accordance with point (d) of this paragraph;

| (f) | the safety advice (S phrases). The indications giving safety advice (S phrases) shall comply with Annex IV and with Annex VI to Directive 67/548/EEC and shall be assigned in accordance with the results of the hazard evaluation carried out in accordance with Annexes I, II and III to this Directive.
  As a general rule, a maximum of six S phrases shall suffice to formulate the most appropriate safety advice; for this purpose the combined phrases listed in Annex IV to Directive 67/548/EEC shall be regarded as single phrases. However, in some cases more than six S phrases may be necessary.
  Where it is physically impossible to include the advice on the label or package itself, the package shall be accompanied by safety advice on the use of the preparation; |
| --- | --- |

(f)

the safety advice (S phrases). The indications giving safety advice (S phrases) shall comply with Annex IV and with Annex VI to Directive 67/548/EEC and shall be assigned in accordance with the results of the hazard evaluation carried out in accordance with Annexes I, II and III to this Directive.

As a general rule, a maximum of six S phrases shall suffice to formulate the most appropriate safety advice; for this purpose the combined phrases listed in Annex IV to Directive 67/548/EEC shall be regarded as single phrases. However, in some cases more than six S phrases may be necessary.

Where it is physically impossible to include the advice on the label or package itself, the package shall be accompanied by safety advice on the use of the preparation;

| (g) | the nominal quantity (nominal mass or nominal volume) of the contents in the case of preparations offered or sold to the general public. |
| --- | --- |

(g)

the nominal quantity (nominal mass or nominal volume) of the contents in the case of preparations offered or sold to the general public.

4.   In relation to certain preparations classified as dangerous within the meaning of Article 7, by way of derogation from points (d), (e) and (f) of paragraph 3 of this Article, the Commission shall be empowered to adopt delegated acts in accordance with Article 20 for the purpose of determining exemptions to certain provisions on environmental labelling or specific provisions in relation to environmental labelling, where it can be demonstrated that there would be a reduction in the environmental impact. Those exemptions or specific provisions are defined and laid down in Part A or B of Annex V.

5.   If the contents of the package do not exceed 125 ml:

| (a) | in the case of preparations that are classified as highly flammable, oxidising, irritant, with the exception of those assigned R41, or dangerous for the environment and assigned the N symbol it shall not be necessary to indicate the R phrases or the S phrases; |
| --- | --- |

(a)

in the case of preparations that are classified as highly flammable, oxidising, irritant, with the exception of those assigned R41, or dangerous for the environment and assigned the N symbol it shall not be necessary to indicate the R phrases or the S phrases;

| (b) | in the case of preparations that are classified as flammable or dangerous for the environment and not assigned the N symbol it shall be necessary to indicate the R phrases but it shall not be necessary to indicate the S phrases. |
| --- | --- |

(b)

in the case of preparations that are classified as flammable or dangerous for the environment and not assigned the N symbol it shall be necessary to indicate the R phrases but it shall not be necessary to indicate the S phrases.

6.   Without prejudice to point 3 of Annex I to Regulation (EU) No 547/2011 , indications such as ‘non-toxic’, ‘non-harmful’, ‘non-polluting’, ‘ecological’ or any other statement indicating that the preparation is not dangerous or likely to lead to underestimation of the dangers of the preparation in question shall not appear on the packaging or labelling of any preparation subject to this Directive.

Article 11

Article 11

Implementation of the labelling requirements

1.   Where the particulars required by Article 10 appear on a label, that label shall be firmly affixed to one or more surfaces of the packaging so that those particulars can be read horizontally when the package is set down normally. The dimensions of the label are laid down in Annex VI to Directive 67/548/EEC and the label is intended solely for provision of the information required by this Directive and if necessary of any supplementary health or safety information.

2.   A label shall not be required when the particulars are clearly shown on the package itself, as specified in paragraph 1.

3.   The colour and presentation of the label — or, in the case of paragraph 2, of the package — shall be such that the danger symbol and its background stand out clearly from it.

4.   The information required on the label under Article 10 shall stand out clearly from its background and shall be of such size and spacing as to be easily read.

Specific provisions regarding the presentation and format of this information shall be laid down in Annex VI to Directive 67/548/EEC.

5.   Member States may make the placing on the market of preparations covered by this Directive within their territories subject to the use of their official language or languages in respect of the labelling thereof.

6.   For the purposes of this Directive, labelling requirements shall be deemed to be satisfied:

| (a) | in the case of an outer package containing one or more inner packages, if the outer package is labelled in accordance with international rules on the transport of dangerous goods and the inner package or packages are labelled in accordance with this Directive; |
| --- | --- |

(a)

in the case of an outer package containing one or more inner packages, if the outer package is labelled in accordance with international rules on the transport of dangerous goods and the inner package or packages are labelled in accordance with this Directive;

| (b) | in the case of a single package:






  (i) | if such a package is labelled in accordance with international rules on the transport of dangerous goods and with points (a), (b), (c), (e) and (f) of Article 10(3); for preparations classified in accordance with Article 7, the provisions of Article 10(3)(d) shall additionally apply with respect to the property in question when it has not been so identified on the label; or |
| --- | --- | --- |

(b)

in the case of a single package:

(i)

if such a package is labelled in accordance with international rules on the transport of dangerous goods and with points (a), (b), (c), (e) and (f) of Article 10(3); for preparations classified in accordance with Article 7, the provisions of Article 10(3)(d) shall additionally apply with respect to the property in question when it has not been so identified on the label; or

| (ii) | where appropriate, for particular types of packaging such as mobile gas cylinders, if the specific requirements referred to in Annex VI to Directive 67/548/EEC are complied with. |
| --- | --- |

(ii)

where appropriate, for particular types of packaging such as mobile gas cylinders, if the specific requirements referred to in Annex VI to Directive 67/548/EEC are complied with.

Where dangerous preparations do not leave the territory of a Member State, labelling may be permitted which complies with national rules instead of with international rules on the transport of dangerous goods.

Article 12

Article 12

Exemptions from the labelling and packaging requirements

1.   Articles 9, 10 and 11 shall not apply to explosives placed on the market with a view to obtaining an explosive or pyrotechnic effect.

2.   For certain dangerous preparations within the meaning of Article 5, 6 or 7 defined in Annex VII which, in the form in which they are placed on the market, do not present any physico-chemical risk, or risk to health or to the environment, Articles 9, 10 and 11 shall not apply.

3.   Member States may also:

| (a) | permit the labelling required by Article 10 to be applied in some other appropriate manner on packages which are either too small or otherwise unsuitable for labelling in accordance with Article 11(1) and (2); |
| --- | --- |

(a)

permit the labelling required by Article 10 to be applied in some other appropriate manner on packages which are either too small or otherwise unsuitable for labelling in accordance with Article 11(1) and (2);

| (b) | by way of derogation from Articles 10 and 11 permit the packaging of dangerous preparations which are classified as harmful, extremely flammable, highly flammable, flammable, irritant or oxidising to be unlabelled or to be labelled in some other way, if they contain such small quantities that there is no reason to fear any danger to persons handling such preparations or to other persons; |
| --- | --- |

(b)

by way of derogation from Articles 10 and 11 permit the packaging of dangerous preparations which are classified as harmful, extremely flammable, highly flammable, flammable, irritant or oxidising to be unlabelled or to be labelled in some other way, if they contain such small quantities that there is no reason to fear any danger to persons handling such preparations or to other persons;

| (c) | by way of derogation from Articles 10 and 11, for preparations classified in accordance with Article 7, permit the packaging of dangerous preparations to be unlabelled or labelled in some other way if they contain such small quantities that there is no reason to fear any dangers to the environment; |
| --- | --- |

(c)

by way of derogation from Articles 10 and 11, for preparations classified in accordance with Article 7, permit the packaging of dangerous preparations to be unlabelled or labelled in some other way if they contain such small quantities that there is no reason to fear any dangers to the environment;

| (d) | by way of derogation from Articles 10 and 11 permit the packaging of dangerous preparations which are not mentioned in points (b) or (c) to be labelled in some other appropriate way, if the packages are too small for the labelling provided for in Articles 10 and 11 and there is no reason to fear any danger to persons handling such preparations or to other persons. |
| --- | --- |

(d)

by way of derogation from Articles 10 and 11 permit the packaging of dangerous preparations which are not mentioned in points (b) or (c) to be labelled in some other appropriate way, if the packages are too small for the labelling provided for in Articles 10 and 11 and there is no reason to fear any danger to persons handling such preparations or to other persons.

Where this paragraph is applied, the use of symbols, indications of danger, risk (R) phrases or safety (S) phrases different to those laid down in this Directive shall not be permitted.

4.   If a Member State makes use of the options provided for in paragraph 3, it shall forthwith inform the Commission and Member States thereof. 1 The Commission shall be empowered to adopt delegated acts in accordance with Article 20 for the purpose of amending Annex V on the basis of such information .

Article 13

Article 13

Distance selling

Any advertisement for a preparation within the meaning of this Directive which enables a member of the general public to conclude a contract for purchase without first having sight of the label for that preparation shall make mention of the type or types of hazard indicated on the label. This requirement is without prejudice to Directive 97/7/EC of the European Parliament and of the Council (28).

28

Article 14

Article 14

Confidentiality of chemical names

Where the person responsible for placing the preparation on the market can demonstrate that the disclosure on the label or safety data sheet of the chemical identity of a substance which is exclusively classified as:

| — | irritant with the exception of those assigned R41 or irritant in combination with one or more of the other properties mentioned in point (c)(iv) of Article 10(3), or |
| --- | --- |

—

irritant with the exception of those assigned R41 or irritant in combination with one or more of the other properties mentioned in point (c)(iv) of Article 10(3), or

| — | harmful or harmful in combination with one or more of the properties mentioned in point (c)(iv) of Article 10(3) presenting acute lethal effects alone |
| --- | --- |

—

harmful or harmful in combination with one or more of the properties mentioned in point (c)(iv) of Article 10(3) presenting acute lethal effects alone

will put at risk the confidential nature of his intellectual property, he may, in accordance with the provisions of Annex VI, be permitted to refer to that substance either by means of a name that identifies the most important functional chemical groups or by means of an alternative name. This procedure may not be applied where the substance concerned has been assigned a Union exposure limit.

Where the person responsible for placing a preparation on the market wishes to take advantage of confidentiality provisions, he shall make a request to the competent authority of the Member State in which the preparation is to be first placed on the market.

This request shall be made in accordance with the provisions of Annex VI and shall provide the information required in the form in Part A of that Annex. The competent authority may nevertheless request further information from the person responsible for placing the preparation on the market if such information appears necessary in order to evaluate the validity of the request.

The authority of the Member State receiving a request for confidentiality shall notify the applicant of its decision. The person responsible for placing the preparation on the market shall forward a copy of this decision to each of the Member States where he wishes to market the product.

Confidential information brought to the attention of the authorities of a Member State or of the Commission shall be kept secret.

In all cases such information:

| — | may be brought to the attention only of the competent authority or authorities responsible for receiving the information necessary for evaluating the foreseeable risks which the preparations may entail for man and the environment, and examining its conformity with the requirements of this Directive, |
| --- | --- |

—

may be brought to the attention only of the competent authority or authorities responsible for receiving the information necessary for evaluating the foreseeable risks which the preparations may entail for man and the environment, and examining its conformity with the requirements of this Directive,

| — | may, however, be divulged to persons directly involved in administrative or legal proceedings involving sanctions which are undertaken for the purpose of controlling substances placed on the market and to persons who are to participate or be heard in legislative proceedings. |
| --- | --- |

—

may, however, be divulged to persons directly involved in administrative or legal proceedings involving sanctions which are undertaken for the purpose of controlling substances placed on the market and to persons who are to participate or be heard in legislative proceedings.

Article 15

Article 15

Rights of Member States regarding safety of workers

This Directive shall not affect the right of Member States to specify, in compliance with the Treaty, the requirements they deem necessary to ensure that workers are protected when using the dangerous preparations in question, provided that this does not mean that the classification, packaging, and labelling of dangerous preparations are modified in a way not provided for in this Directive.

Article 16

Article 16

Bodies responsible for receiving information relating to health

Member States shall appoint the body or bodies responsible for receiving information, including chemical composition, relating to preparations placed on the market and considered dangerous on the basis of their health effects or on the basis of their physico-chemical effects.

Member States shall take the necessary steps to ensure that the appointed bodies provide all the requisite guarantees for maintaining the confidentiality of the information received. Such information may only be used to meet any medical demand by formulating preventive and curative measures, in particular in case of emergency.

Member States shall ensure that the information is not used for other purposes.

Member States shall ensure that the appointed bodies have at their disposal all the information required from the manufacturers or persons responsible for marketing to carry out the tasks for which they are responsible.

Article 17

Article 17

Free movement clause

Without prejudice to the provisions set out in other Union legislation, Member States may not prohibit, restrict or impede the placing on the market of preparations because of their classification, packaging and labelling if such preparations comply with the provisions laid down in this Directive.

Article 18

Article 18

Safeguard clause

1.   Where a Member State has detailed evidence that a preparation, although satisfying the provisions of this Directive, constitutes a hazard for man or the environment on grounds relating to the provisions of this Directive, it may provisionally prohibit the placing on the market of that preparation or subject it to special conditions in its territory. It shall immediately inform the Commission and the other Member States of such action and give reasons for its decision.

2.   In the case referred to in paragraph 1, the Commission shall consult the Member States as soon as possible.

3.   The Commission shall decide by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21(2).

Article 19

Article 19

Adaptation to technical progress

The Commission shall adopt delegated acts in accordance with Article 20 for the purpose of adapting Annexes I to VII to technical progress.

Article 20

Article 20

Exercise of the delegation

1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.   The power to adopt delegated acts referred to in Article 10(4), Article 12(4) and Article 19 shall be conferred on the Commission for an indeterminate period of time from ... (*)

*

3.   The delegation of powers referred to in Article 10(4), Article 12(4) and Article 19 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

Official Journal of the European Union

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

5.   A delegated act adopted pursuant to Article 10(4), Article 12(4) and Article 19 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by one month

  two months
  at the initiative of the European Parliament or of the Council. [Am. 1]

one month

two months

[Am. 1]

Article 21

Article 21

Committee procedure

1.   The Commission shall be assisted by the committee established by Article 29(1) of Directive 67/548/EEC. That Committee shall be a Committee within the meaning of Regulation (EU) No 182/2011.

2.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Article 22

Article 22

Repeal

Directive 1999/45/EC, as amended by the Acts listed in Part A of Annex VIII, is repealed, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law of the Directives set out in Part B of Annex VIII to the repealed Directive and in Part B of Annex VIII to this Directive.

References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex IX.

Article 23

Article 23

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.

Official Journal of the European Union

Article 24

Article 24

Addressees

This Directive is addressed to the Member States.

Done at ,

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 181, 21.6.2012, p. 203.

1

(2)  Position of the European Parliament of 16 January 2013.

2

(3)  OJ L 200, 30.7.1999, p. 1.

3

(4)  See Annex VIII, Part A.

4

(5)  OJ L 276, 20.10.2010, p. 33.

5

(6)  OJ L 396, 30.12.2006, p. 1.

6

(7)  OJ L 309, 24.11.2009, p. 1.

7

(8)  OJ L 123, 24.4.1998, p. 1.

8

(9)  OJ 196, 16.8.1967, p. 1.

9

(10)  OJ L 396, 30.12.2006, p. 850.

10

(11)  OJ L 353, 31.12.2008, p. 1.

11

(12)  OJ L 225, 21.8.2001, p. 1.

12

(13)  OJ L 355, 30.12.1998, p. 1.

13

(14)  OJ L 154, 5.6.1992, p. 1.

14

(15)  OJ L 110, 4.5.1993, p. 20.

15

(16)  OJ L 55, 28.2.2011, p. 13.

16

(17)  OJ L 311, 28.11.2001, p. 1.

17

(18)  OJ L 311, 28.11.2001, p. 67.

18

(19)  OJ L 262, 27.9.1976, p. 169.

19

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

20

(21)  OJ L 159, 29.6.1996, p. 1.

21

(22)  OJ L 142, 31.5.2008, p. 1.

22

(23)  OJ L 147, 9.6.1975, p. 40.

23

(24)  OJ L 155, 11.6.2011, p. 1.

24

(25)  OJ L 155, 11.6.2011, p. 67.

25

(26)  OJ L 50, 20.2.2004, p. 44.

26

(27)  OJ L 155, 11.6.2011, p. 176.

27

(28)  OJ L 144, 4.6.1997, p. 19.

28

(*)  Date of entry into force of this Directive.

*

ANNEX I

METHODS FOR THE EVALUATION OF PHYSICO-CHEMICAL PROPERTIES OF PREPARATIONS IN ACCORDANCE WITH ARTICLE 5

PART A

Exemptions to test methods of Part A of the Annex to Regulation (EC) No 440/2008

See point 2.2.5 of Annex VI to Directive 67/548/EEC.

PART B

Alternative calculation methods

B.1.   Non-gaseous preparations

| 1. | Method for the determination of oxidising properties of preparations containing organic peroxides.
  See point 2.2.2.1 of Annex VI to Directive 67/548/EEC. |
| --- | --- |

1.

Method for the determination of oxidising properties of preparations containing organic peroxides.

See point 2.2.2.1 of Annex VI to Directive 67/548/EEC.

B.2.   Gaseous preparations

| 1. | Method for the determination of oxidising properties
  See point 9.1.1.2 of Annex VI to Directive 67/548/EEC. |
| --- | --- |

1.

Method for the determination of oxidising properties

See point 9.1.1.2 of Annex VI to Directive 67/548/EEC.

| 2. | Method for the determination of flammability properties
  See point 9.1.1.1 of Annex VI to Directive 67/548/EEC. |
| --- | --- |

2.

Method for the determination of flammability properties

See point 9.1.1.1 of Annex VI to Directive 67/548/EEC.

ANNEX II

METHODS FOR THE EVALUATION OF HEALTH HAZARDS OF PREPARATIONS IN ACCORDANCE WITH ARTICLE 6

Introduction

An assessment must be made for all the health effects corresponding to the health effects of substances contained in a preparation. This conventional method described in Parts A and B of this Annex is a calculation method which is applicable to all preparations and which takes into consideration all the health hazards of substances contained in the preparation. For that purpose the dangerous health effects have been subdivided into:

| 1. | acute lethal effects; |
| --- | --- |

1.

acute lethal effects;

| 2. | non-lethal irreversible effects after a single exposure; |
| --- | --- |

2.

non-lethal irreversible effects after a single exposure;

| 3. | severe effects after repeated or prolonged exposure; |
| --- | --- |

3.

severe effects after repeated or prolonged exposure;

| 4. | corrosive effects, irritant effects; |
| --- | --- |

4.

corrosive effects, irritant effects;

| 5. | sensitising effects; |
| --- | --- |

5.

sensitising effects;

| 6. | carcinogenic effects, mutagenic effects, toxic effects for reproduction. |
| --- | --- |

6.

carcinogenic effects, mutagenic effects, toxic effects for reproduction.

The health effects of a preparation are to be assessed in accordance with Article 6(1)(a) by the conventional method described in Parts A and B of this Annex using individual concentration limits:

| (a) | where the dangerous substances listed in Part 3 of Annex VI to Regulation (EC) No 1272/2008 are assigned concentration limits necessary for the application of the method of assessment described in Part A of this Annex, these concentration limits must be used; |
| --- | --- |

(a)

where the dangerous substances listed in Part 3 of Annex VI to Regulation (EC) No 1272/2008 are assigned concentration limits necessary for the application of the method of assessment described in Part A of this Annex, these concentration limits must be used;

| (b) | where the dangerous substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear there without the concentration limits necessary for the application of the method of evaluation described in Part A of this Annex, the concentration limits must be assigned in accordance with the specifications in Part B of this Annex. |
| --- | --- |

(b)

where the dangerous substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear there without the concentration limits necessary for the application of the method of evaluation described in Part A of this Annex, the concentration limits must be assigned in accordance with the specifications in Part B of this Annex.

The procedure for classification is set out in Part A of this Annex.

The classification of the substance(s) and the resulting classification of the preparation are expressed:

| — | either by a symbol and one or more risk phrases, or |
| --- | --- |

—

either by a symbol and one or more risk phrases, or

| — | by categories (category 1, category 2 or category 3) also assigned risk phrases when substances and preparations are shown to be carcinogenic, mutagenic or toxic for reproduction. Therefore it is important to consider, in addition to the symbol, all the phrases denoting specific risks which are assigned to each substance under consideration. |
| --- | --- |

—

by categories (category 1, category 2 or category 3) also assigned risk phrases when substances and preparations are shown to be carcinogenic, mutagenic or toxic for reproduction. Therefore it is important to consider, in addition to the symbol, all the phrases denoting specific risks which are assigned to each substance under consideration.

The systematic assessment of all the dangerous health effects is expressed by means of concentration limits, expressed as a weight/weight percentage except for gaseous preparations where they are expressed as a volume/volume percentage and in conjunction with the classification of the substance.

Where they are not given in Part 3 of Annex VI to Regulation (EC) No 1272/2008 , the concentration limits to be taken into account for the application of this conventional method are those set out in Part B of this Annex.

PART A

Procedure for evaluation of health hazards

The evaluation proceeds stepwise as follows:

1.   The following preparations are to be classified as very toxic:

| 1.1. | owing to their acute lethal effects and assigned the symbol ‘T+’, the indication of danger ‘very toxic’ and the risk phrases R26, R27 or R28: |
| --- | --- |

1.1.

owing to their acute lethal effects and assigned the symbol ‘T+’, the indication of danger ‘very toxic’ and the risk phrases R26, R27 or R28:

| 1.1.1. | preparations containing one or more substances classified as very toxic that produce such effects, in individual concentrations equal to or greater than:






  (a) | either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or |
| --- | --- | --- |

1.1.1.

preparations containing one or more substances classified as very toxic that produce such effects, in individual concentrations equal to or greater than:

(a)

either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or

| (b) | the concentration specified at point 1 in Part B of this Annex (Table 1 and 1a) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits; |
| --- | --- |

(b)

the concentration specified at point 1 in Part B of this Annex (Table 1 and 1a) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits;

| 1.1.2. | preparations containing more than one substance classified as very toxic in lower individual concentrations than the limits specified in point 1.1.1(a) or (b) if:




  where:








  PT+ | = | is the percentage by weight or by volume of each very toxic substance in the preparation, |
| --- | --- | --- | --- |
| LT+ | = | is the very toxic limit specified for each very toxic substance, expressed as a percentage by weight or by volume; |

1.1.2.

preparations containing more than one substance classified as very toxic in lower individual concentrations than the limits specified in point 1.1.1(a) or (b) if:

Image

where:

PT+

=

is the percentage by weight or by volume of each very toxic substance in the preparation,

LT+

=

is the very toxic limit specified for each very toxic substance, expressed as a percentage by weight or by volume;

| 1.2. | owing to their non-lethal irreversible effects after a single exposure and assigned the symbol ‘T+’, the indication of danger ‘very toxic’ and the risk phrase R39/route of exposure.
  Preparations containing at least one dangerous substance that produces such effects in individual concentrations equal to or greater than:






  (a) | either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or |
| --- | --- | --- |

1.2.

owing to their non-lethal irreversible effects after a single exposure and assigned the symbol ‘T+’, the indication of danger ‘very toxic’ and the risk phrase R39/route of exposure.

Preparations containing at least one dangerous substance that produces such effects in individual concentrations equal to or greater than:

(a)

either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or

| (b) | the concentration specified at point 2 in Part B of this Annex (Table 2 and 2a) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits. |
| --- | --- |

(b)

the concentration specified at point 2 in Part B of this Annex (Table 2 and 2a) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits.

2.   The following preparations shall be classified as toxic:

| 2.1. | owing to their acute lethal effects and assigned the symbol ‘T’, the indication of danger ‘toxic’ and the risk phrases R23, R24 or R25; |
| --- | --- |

2.1.

owing to their acute lethal effects and assigned the symbol ‘T’, the indication of danger ‘toxic’ and the risk phrases R23, R24 or R25;

| 2.1.1. | preparations containing one or more substances classified as very toxic or toxic that produce such effects in individual concentrations equal to or greater than:






  (a) | either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or |
| --- | --- | --- |

2.1.1.

preparations containing one or more substances classified as very toxic or toxic that produce such effects in individual concentrations equal to or greater than:

(a)

either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or

| (b) | the concentration specified at point 1 in Part B of this Annex (Table 1 and 1a) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits; |
| --- | --- |

(b)

the concentration specified at point 1 in Part B of this Annex (Table 1 and 1a) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits;

| 2.1.2. | preparations containing more than one substance classified as very toxic or toxic in lower individual concentrations than the limits specified in point 2.1.1(a) or (b) if:




  where:








  PT+ | = | is the percentage by weight or by volume of each very toxic substance in the preparation, |
| --- | --- | --- | --- |
| PT | = | is the percentage by weight or by volume of each toxic substance in the preparation, |
| LT | = | is the respective toxic limit specified for each very toxic or toxic substance, expressed as a percentage by weight or by volume; |

2.1.2.

preparations containing more than one substance classified as very toxic or toxic in lower individual concentrations than the limits specified in point 2.1.1(a) or (b) if:

Image

where:

PT+

=

is the percentage by weight or by volume of each very toxic substance in the preparation,

PT

=

is the percentage by weight or by volume of each toxic substance in the preparation,

LT

=

is the respective toxic limit specified for each very toxic or toxic substance, expressed as a percentage by weight or by volume;

| 2.2 | owing to their non-lethal irreversible effects after a single exposure and assigned the symbol ‘T’, the indication of danger ‘toxic’ and the risk phrase R39/route of exposure.
  Preparations containing at least one dangerous substance classified as very toxic or toxic that produce such effects in individual concentrations equal to or greater than:






  (a) | either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or |
| --- | --- | --- |

2.2

owing to their non-lethal irreversible effects after a single exposure and assigned the symbol ‘T’, the indication of danger ‘toxic’ and the risk phrase R39/route of exposure.

Preparations containing at least one dangerous substance classified as very toxic or toxic that produce such effects in individual concentrations equal to or greater than:

(a)

either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or

| (b) | the concentration specified at point 2 in Part B of this Annex (Table 2 and 2a) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits; |
| --- | --- |

(b)

the concentration specified at point 2 in Part B of this Annex (Table 2 and 2a) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits;

| 2.3. | owing to their long-term effects and assigned the symbol ‘T’, the indication of danger ‘toxic’ and the risk phrase R48/route of exposure.
  Preparations containing at least one dangerous substance that produces such effects in individual concentrations equal to or greater than:






  (a) | either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or |
| --- | --- | --- |

2.3.

owing to their long-term effects and assigned the symbol ‘T’, the indication of danger ‘toxic’ and the risk phrase R48/route of exposure.

Preparations containing at least one dangerous substance that produces such effects in individual concentrations equal to or greater than:

(a)

either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or

| (b) | the concentration specified at point 3 in Part B of this Annex (Table 3 and 3a) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits. |
| --- | --- |

(b)

the concentration specified at point 3 in Part B of this Annex (Table 3 and 3a) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits.

3.   The following preparations shall be classified as harmful:

| 3.1. | owing to their acute lethal effects and assigned the symbol ‘Xn’ and the indication of danger ‘harmful’ and the risk phrases R20, R21 or R22; |
| --- | --- |

3.1.

owing to their acute lethal effects and assigned the symbol ‘Xn’ and the indication of danger ‘harmful’ and the risk phrases R20, R21 or R22;

| 3.1.1. | preparations containing one or more substances classified as very toxic, toxic or harmful and that produce such effects in individual concentrations equal to or greater than:






  (a) | either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or |
| --- | --- | --- |

3.1.1.

preparations containing one or more substances classified as very toxic, toxic or harmful and that produce such effects in individual concentrations equal to or greater than:

(a)

either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or

| (b) | the concentration specified at point 1 in Part B of this Annex (Table 1 and 1a) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits; |
| --- | --- |

(b)

the concentration specified at point 1 in Part B of this Annex (Table 1 and 1a) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits;

| 3.1.2. | preparations containing more than one substance classified as very toxic, toxic or harmful in lower individual concentrations than the limits specified in point 3.1.1(a) or (b) if:




  where:








  PT+ | = | is the percentage by weight or by volume of each very toxic substance in the preparation, |
| --- | --- | --- | --- |
| PT | = | is the percentage by weight or by volume of each toxic substance in the preparation, |
| PXn | = | is the percentage by weight or by volume of each harmful substance in the preparation, |
| LXn | = | is the respective harmful limit specified for each very toxic, toxic or harmful substance, expressed as percentage by weight or by volume; |

3.1.2.

preparations containing more than one substance classified as very toxic, toxic or harmful in lower individual concentrations than the limits specified in point 3.1.1(a) or (b) if:

Image

where:

PT+

=

is the percentage by weight or by volume of each very toxic substance in the preparation,

PT

=

is the percentage by weight or by volume of each toxic substance in the preparation,

PXn

=

is the percentage by weight or by volume of each harmful substance in the preparation,

LXn

=

is the respective harmful limit specified for each very toxic, toxic or harmful substance, expressed as percentage by weight or by volume;

| 3.2. | owing to their acute effects to the lungs if swallowed and assigned the symbol ‘Xn’, and the indication of danger ‘harmful’ and the risk phrase R65. |
| --- | --- |

3.2.

owing to their acute effects to the lungs if swallowed and assigned the symbol ‘Xn’, and the indication of danger ‘harmful’ and the risk phrase R65.

Preparations classified as harmful according to the criteria specified in point 3.2.3 of Annex VI to Directive 67/548/EEC. In applying the conventional method in accordance with point 3.1 of this Part no account shall be taken of the classification of a substance as R65;

| 3.3. | owing to their non-lethal irreversible effects after a single exposure and assigned the symbol ‘Xn’, the indication of danger ‘harmful’ and the risk phrase 1 R68/route of exposure.
  Preparations containing at least one dangerous substance classified as very toxic, toxic or harmful that produces such effects in individual concentrations equal to or greater than:






  (a) | either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or |
| --- | --- | --- |

3.3.

owing to their non-lethal irreversible effects after a single exposure and assigned the symbol ‘Xn’, the indication of danger ‘harmful’ and the risk phrase 1 R68/route of exposure.

Preparations containing at least one dangerous substance classified as very toxic, toxic or harmful that produces such effects in individual concentrations equal to or greater than:

(a)

either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or

| (b) | the concentration specified at point 2 in Part B of this Annex (Table 2 and 2a) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits; |
| --- | --- |

(b)

the concentration specified at point 2 in Part B of this Annex (Table 2 and 2a) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits;

| 3.4. | owing to their long-term effects and assigned the symbol ‘Xn’, the indication of danger ‘harmful’ and the risk phrase R48/route of exposure.
  Preparations containing at least one dangerous substance classified as toxic or harmful that produces such effects in individual concentrations equal to or greater than:






  (a) | either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or |
| --- | --- | --- |

3.4.

owing to their long-term effects and assigned the symbol ‘Xn’, the indication of danger ‘harmful’ and the risk phrase R48/route of exposure.

Preparations containing at least one dangerous substance classified as toxic or harmful that produces such effects in individual concentrations equal to or greater than:

(a)

either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or

| (b) | the concentration specified at point 3 in Part B of this Annex (Table 3 and 3a) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits. |
| --- | --- |

(b)

the concentration specified at point 3 in Part B of this Annex (Table 3 and 3a) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits.

4.   The following preparations are to be classified as corrosive:

| 4.1. | and assigned the symbol ‘C’, the indication of danger ‘corrosive’ and the risk phrase R35; |
| --- | --- |

4.1.

and assigned the symbol ‘C’, the indication of danger ‘corrosive’ and the risk phrase R35;

| 4.1.1. | preparations containing one or more substances classified as corrosive to which is assigned the phrase R35 in individual concentrations equal to or greater than:






  (a) | either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or |
| --- | --- | --- |

4.1.1.

preparations containing one or more substances classified as corrosive to which is assigned the phrase R35 in individual concentrations equal to or greater than:

(a)

either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or

| (b) | the concentration specified at point 4 in Part B of this Annex (Table 4 and 4a) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits; |
| --- | --- |

(b)

the concentration specified at point 4 in Part B of this Annex (Table 4 and 4a) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits;

| 4.1.2. | preparations containing more than one substance classified as corrosive to which is assigned phrase R35 in lower individual concentrations than the limits specified in point 4.1.1(a) or (b) if:




  where:








  PC, R35 | = | is the percentage by weight or by volume of each corrosive substance which is assigned phrase R35 in the preparation, |
| --- | --- | --- | --- |
| LC, R35 | = | is the corrosive limit R35 specified for each corrosive substance to which is assigned phrase R35, expressed as a percentage by weight or by volume; |

4.1.2.

preparations containing more than one substance classified as corrosive to which is assigned phrase R35 in lower individual concentrations than the limits specified in point 4.1.1(a) or (b) if:

Image

where:

PC, R35

=

is the percentage by weight or by volume of each corrosive substance which is assigned phrase R35 in the preparation,

LC, R35

=

is the corrosive limit R35 specified for each corrosive substance to which is assigned phrase R35, expressed as a percentage by weight or by volume;

| 4.2. | and assigned the symbol ‘C’, the indication of danger ‘corrosive’ and the risk phrase R34; |
| --- | --- |

4.2.

and assigned the symbol ‘C’, the indication of danger ‘corrosive’ and the risk phrase R34;

| 4.2.1. | preparations containing one or more substances classified as corrosive to which is assigned the phrase R35 or R34 in individual concentrations equal to or greater than:






  (a) | either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or |
| --- | --- | --- |

4.2.1.

preparations containing one or more substances classified as corrosive to which is assigned the phrase R35 or R34 in individual concentrations equal to or greater than:

(a)

either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or

| (b) | the concentration specified at point 4 in Part B of this Annex (Table 4 and 4a) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits; |
| --- | --- |

(b)

the concentration specified at point 4 in Part B of this Annex (Table 4 and 4a) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits;

| 4.2.2. | preparations containing more than one of the substances classified as corrosive to which is assigned the phrase R35 or R34 in lower individual concentrations than the limits specified in point 4.2.1(a) or (b) if:




  where:








  PC, R35 | = | is the percentage by weight or by volume of each corrosive substance to which is assigned phrase R35 in the preparation, |
| --- | --- | --- | --- |
| PC, R34 | = | is the percentage by weight or by volume of each corrosive substance to which is assigned phrase R34 in the preparation, |
| LC, R34 | = | is the respective corrosive limit R34 specified for each corrosive substance to which is assigned phrase R35 or R34, expressed as a percentage by weight or by volume. |

4.2.2.

preparations containing more than one of the substances classified as corrosive to which is assigned the phrase R35 or R34 in lower individual concentrations than the limits specified in point 4.2.1(a) or (b) if:

Image

where:

PC, R35

=

is the percentage by weight or by volume of each corrosive substance to which is assigned phrase R35 in the preparation,

PC, R34

=

is the percentage by weight or by volume of each corrosive substance to which is assigned phrase R34 in the preparation,

LC, R34

=

is the respective corrosive limit R34 specified for each corrosive substance to which is assigned phrase R35 or R34, expressed as a percentage by weight or by volume.

5.   The following preparations are to be classified as irritants:

| 5.1. | liable to cause serious eye damage and assigned the symbol ‘Xi’, the indication of danger ‘irritant’ and the risk phrase R41; |
| --- | --- |

5.1.

liable to cause serious eye damage and assigned the symbol ‘Xi’, the indication of danger ‘irritant’ and the risk phrase R41;

| 5.1.1. | preparations containing one or more substances classified as irritant to which is assigned phrase R41 in individual concentrations equal to or greater than:






  (a) | either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or |
| --- | --- | --- |

5.1.1.

preparations containing one or more substances classified as irritant to which is assigned phrase R41 in individual concentrations equal to or greater than:

(a)

either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or

| (b) | the concentration specified at point 4 in Part B of this Annex (Table 4 and 4a) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits; |
| --- | --- |

(b)

the concentration specified at point 4 in Part B of this Annex (Table 4 and 4a) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits;

| 5.1.2. | preparations containing more than one of the substances classified as irritant and to which is assigned phrase R41, or classified as corrosive and to which is assigned phrase R35 or R34, in lower individual concentrations than the limits specified in point 5.1.1(a) or (b) if:




  where:








  PC, R35 | = | is the percentage by weight or by volume of each corrosive substance to which is assigned phrase R35 in the preparation, |
| --- | --- | --- | --- |
| PC, R34 | = | is the percentage by weight or by volume of each corrosive substance to which is assigned phrase R34 in the preparation, |
| PXi, R41 | = | is the percentage by weight or by volume of each irritant substance to which is assigned phrase R41 in the preparation, |
| LXi, R41 | = | is the respective irritant limit R41 specified for each corrosive substance to which is assigned phrase R35 or R34 or irritant substance to which is assigned phrase R41, expressed as percentage by weight or by volume; |

5.1.2.

preparations containing more than one of the substances classified as irritant and to which is assigned phrase R41, or classified as corrosive and to which is assigned phrase R35 or R34, in lower individual concentrations than the limits specified in point 5.1.1(a) or (b) if:

Image

where:

PC, R35

=

is the percentage by weight or by volume of each corrosive substance to which is assigned phrase R35 in the preparation,

PC, R34

=

is the percentage by weight or by volume of each corrosive substance to which is assigned phrase R34 in the preparation,

PXi, R41

=

is the percentage by weight or by volume of each irritant substance to which is assigned phrase R41 in the preparation,

LXi, R41

=

is the respective irritant limit R41 specified for each corrosive substance to which is assigned phrase R35 or R34 or irritant substance to which is assigned phrase R41, expressed as percentage by weight or by volume;

| 5.2. | irritant to eyes and assigned the symbol ‘Xi’, the indication of danger ‘irritant’ and the risk phrase R36; |
| --- | --- |

5.2.

irritant to eyes and assigned the symbol ‘Xi’, the indication of danger ‘irritant’ and the risk phrase R36;

| 5.2.1. | preparations containing one or more substances classified as corrosive to which is assigned phrase R35 or R34 or as irritant and to which is assigned phrase R41 or R36 in individual concentrations equal to or greater than:






  (a) | either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or |
| --- | --- | --- |

5.2.1.

preparations containing one or more substances classified as corrosive to which is assigned phrase R35 or R34 or as irritant and to which is assigned phrase R41 or R36 in individual concentrations equal to or greater than:

(a)

either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or

| (b) | the concentration specified at point 4 in Part B of this Annex (Table 4 and 4a) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits; |
| --- | --- |

(b)

the concentration specified at point 4 in Part B of this Annex (Table 4 and 4a) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits;

| 5.2.2. | preparations containing more than one substance classified as irritant to which is assigned phrase R41 or R36, or as corrosive and to which is assigned phrase R35 or R34, in lower individual concentrations than the limits specified in point 5.2.1(a) or (b) if:




  where:








  PC, R35 | = | is the percentage by weight or by volume of each corrosive substance to which is assigned phrase R35 in the preparation, |
| --- | --- | --- | --- |
| PC, R34 | = | is the percentage by weight or by volume of each corrosive substance to which is assigned phrase R34 in the preparation, |
| PXi, R41 | = | is the percentage by weight or by volume of each irritant substance to which is assigned phrase R41 in the preparation, |
| PXi, R36 | = | is the percentage by weight or by volume of each irritant substance to which is assigned phrase R36 in the preparation, |
| LXi, R36 | = | is the respective irritant limit R36 specified for each corrosive substance to which is assigned phrase R35 or R34 or irritant substance to which is assigned phrase R41, or R36 expressed as percentage by weight or by volume; |

5.2.2.

preparations containing more than one substance classified as irritant to which is assigned phrase R41 or R36, or as corrosive and to which is assigned phrase R35 or R34, in lower individual concentrations than the limits specified in point 5.2.1(a) or (b) if:

Image

where:

PC, R35

=

is the percentage by weight or by volume of each corrosive substance to which is assigned phrase R35 in the preparation,

PC, R34

=

is the percentage by weight or by volume of each corrosive substance to which is assigned phrase R34 in the preparation,

PXi, R41

=

is the percentage by weight or by volume of each irritant substance to which is assigned phrase R41 in the preparation,

PXi, R36

=

is the percentage by weight or by volume of each irritant substance to which is assigned phrase R36 in the preparation,

LXi, R36

=

is the respective irritant limit R36 specified for each corrosive substance to which is assigned phrase R35 or R34 or irritant substance to which is assigned phrase R41, or R36 expressed as percentage by weight or by volume;

| 5.3. | irritant to skin and assigned the symbol ‘Xi’, the indication of danger ‘irritant’ and the risk phrase R38; |
| --- | --- |

5.3.

irritant to skin and assigned the symbol ‘Xi’, the indication of danger ‘irritant’ and the risk phrase R38;

| 5.3.1. | preparations containing one or more substances classified as irritant and to which is assigned phrase R38 or as corrosive and to which is assigned phrase R35 or R34 in individual concentrations equal to or greater than:






  (a) | either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or |
| --- | --- | --- |

5.3.1.

preparations containing one or more substances classified as irritant and to which is assigned phrase R38 or as corrosive and to which is assigned phrase R35 or R34 in individual concentrations equal to or greater than:

(a)

either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or

| (b) | the concentration specified at point 4 in Part B of this Annex (Table 4 and 4a) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits; |
| --- | --- |

(b)

the concentration specified at point 4 in Part B of this Annex (Table 4 and 4a) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits;

| 5.3.2. | preparations containing more than one of the substances classified as irritant and to which is assigned phrase R38, or as corrosive and to which is assigned phrase R35 or R34 in lower individual concentrations than the limits specified in point 5.3.1(a) or (b) if:




  where:








  PC, R35 | = | is the percentage by weight or by volume of each corrosive substance to which is assigned phrase R35 in the preparation, |
| --- | --- | --- | --- |
| PC, R34 | = | is the percentage by weight or by volume of each corrosive substance to which is assigned phrase R34 in the preparation, |
| PXi, R38 | = | is the percentage by weight or by volume of each irritant substance to which is assigned phrase R38 in the preparation, |
| LXi, R38 | = | is the respective irritant limit R38 specified for each corrosive substance to which is assigned phrase R35 or R34 or irritant substance to which is assigned phrase R38, expressed as percentage by weight or by volume; |

5.3.2.

preparations containing more than one of the substances classified as irritant and to which is assigned phrase R38, or as corrosive and to which is assigned phrase R35 or R34 in lower individual concentrations than the limits specified in point 5.3.1(a) or (b) if:

Image

where:

PC, R35

=

is the percentage by weight or by volume of each corrosive substance to which is assigned phrase R35 in the preparation,

PC, R34

=

is the percentage by weight or by volume of each corrosive substance to which is assigned phrase R34 in the preparation,

PXi, R38

=

is the percentage by weight or by volume of each irritant substance to which is assigned phrase R38 in the preparation,

LXi, R38

=

is the respective irritant limit R38 specified for each corrosive substance to which is assigned phrase R35 or R34 or irritant substance to which is assigned phrase R38, expressed as percentage by weight or by volume;

| 5.4. | irritant to respiratory system and assigned the symbol ‘Xi’, the indication of danger ‘irritant’ and the risk phrase R37; |
| --- | --- |

5.4.

irritant to respiratory system and assigned the symbol ‘Xi’, the indication of danger ‘irritant’ and the risk phrase R37;

| 5.4.1. | preparations containing one or more substances classified as irritant and to which is assigned phrase R37 in individual concentrations equal to or greater than:






  (a) | either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or |
| --- | --- | --- |

5.4.1.

preparations containing one or more substances classified as irritant and to which is assigned phrase R37 in individual concentrations equal to or greater than:

(a)

either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or

| (b) | the concentration specified at point 4 in Part B of this Annex (Table 4 and 4a) where the substance or the substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits; |
| --- | --- |

(b)

the concentration specified at point 4 in Part B of this Annex (Table 4 and 4a) where the substance or the substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits;

| 5.4.2. | preparations containing more than one substance classified as irritant and to which is assigned phrase R37 in lower individual concentrations than the limits specified in point 5.4.1(a) or (b) if:




  where:








  PXi, R37 | = | is the percentage by weight or by volume of each irritant substance to which is assigned phrase R37 in the preparation, |
| --- | --- | --- | --- |
| LXi, R37 | = | is the irritant limit R37 specified for each irritant substance to which is assigned phrase R37, expressed as percentage by weight or by volume; |

5.4.2.

preparations containing more than one substance classified as irritant and to which is assigned phrase R37 in lower individual concentrations than the limits specified in point 5.4.1(a) or (b) if:

Image

where:

PXi, R37

=

is the percentage by weight or by volume of each irritant substance to which is assigned phrase R37 in the preparation,

LXi, R37

=

is the irritant limit R37 specified for each irritant substance to which is assigned phrase R37, expressed as percentage by weight or by volume;

| 5.4.3. | gaseous preparations containing more than one of the substances classified as irritant to which is assigned phrase R37 or as corrosive and to which is assigned phrase R35 or R34 in lower individual concentrations than the limits specified in point 5.4.1(a) or (b) if:




  where:








  PC, R35 | = | is the percentage by volume of each corrosive substance to which is assigned phrase R35 in the preparation, |
| --- | --- | --- | --- |
| PC, R34 | = | is the percentage by volume of each corrosive substance to which is assigned phrase R34 in the preparation, |
| PXi, R37 | = | is the percentage by volume of each irritant substance to which is assigned phrase R37 in the preparation, |
| LXi, R37 | = | is the respective irritant limit R37 specified for each gaseous corrosive substance to which is assigned phrase R35 or R34 or gaseous irritant substance to which is assigned phrase R37, expressed as percentage by weight or by volume. |

5.4.3.

gaseous preparations containing more than one of the substances classified as irritant to which is assigned phrase R37 or as corrosive and to which is assigned phrase R35 or R34 in lower individual concentrations than the limits specified in point 5.4.1(a) or (b) if:

Image

where:

PC, R35

=

is the percentage by volume of each corrosive substance to which is assigned phrase R35 in the preparation,

PC, R34

=

is the percentage by volume of each corrosive substance to which is assigned phrase R34 in the preparation,

PXi, R37

=

is the percentage by volume of each irritant substance to which is assigned phrase R37 in the preparation,

LXi, R37

=

is the respective irritant limit R37 specified for each gaseous corrosive substance to which is assigned phrase R35 or R34 or gaseous irritant substance to which is assigned phrase R37, expressed as percentage by weight or by volume.

6.   The following preparations are to be classified as sensitising:

| 6.1. | by skin contact and assigned the symbol ‘Xi’, the indication of danger ‘irritant’ and the risk phrase R43.
  Preparations containing at least one substance classified as sensitising and to which is assigned phrase R43 that produces such effects in individual concentrations equal to or greater than:






  (a) | either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or |
| --- | --- | --- |

6.1.

by skin contact and assigned the symbol ‘Xi’, the indication of danger ‘irritant’ and the risk phrase R43.

Preparations containing at least one substance classified as sensitising and to which is assigned phrase R43 that produces such effects in individual concentrations equal to or greater than:

(a)

either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or

| (b) | the concentration specified at point 5 in Part B of this Annex (Table 5 and 5a) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits; |
| --- | --- |

(b)

the concentration specified at point 5 in Part B of this Annex (Table 5 and 5a) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits;

| 6.2. | by inhalation and assigned the symbol ‘Xn’, the indication of danger ‘harmful’ and the risk phrase R42.
  Preparations containing at least one substance classified as sensitising to which is assigned phrase R42 that produces such effects in individual concentrations equal to or greater than:






  (a) | either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or |
| --- | --- | --- |

6.2.

by inhalation and assigned the symbol ‘Xn’, the indication of danger ‘harmful’ and the risk phrase R42.

Preparations containing at least one substance classified as sensitising to which is assigned phrase R42 that produces such effects in individual concentrations equal to or greater than:

(a)

either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or

| (b) | the concentration specified at point 5 in Part B of this Annex (Table 5 and 5a) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits. |
| --- | --- |

(b)

the concentration specified at point 5 in Part B of this Annex (Table 5 and 5a) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits.

7.   The following preparations are to be classified as carcinogenic:

| 7.1. | those of category 1 or 2 which are assigned the symbol ‘T’ and the phrase R45 or R49.
  Preparations containing at least one substance producing such effects, classified as carcinogenic and to which is assigned phrase R45 or R49 which denotes carcinogenic substances in category 1 and category 2, in individual concentrations equal to or greater than:






  (a) | either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or |
| --- | --- | --- |

7.1.

those of category 1 or 2 which are assigned the symbol ‘T’ and the phrase R45 or R49.

Preparations containing at least one substance producing such effects, classified as carcinogenic and to which is assigned phrase R45 or R49 which denotes carcinogenic substances in category 1 and category 2, in individual concentrations equal to or greater than:

(a)

either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or

| (b) | the concentration specified at point 6 in Part B of this Annex (Table 6 and 6a) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits; |
| --- | --- |

(b)

the concentration specified at point 6 in Part B of this Annex (Table 6 and 6a) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits;

| 7.2. | those of category 3 which are assigned the symbol ‘Xn’ and the phrase R40.
  Preparations containing at least one substance producing such effects classified as carcinogenic and to which is assigned phrase R40 which denotes carcinogenic substances in category 3, in individual concentrations equal to or greater than:






  (a) | either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or |
| --- | --- | --- |

7.2.

those of category 3 which are assigned the symbol ‘Xn’ and the phrase R40.

Preparations containing at least one substance producing such effects classified as carcinogenic and to which is assigned phrase R40 which denotes carcinogenic substances in category 3, in individual concentrations equal to or greater than:

(a)

either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or

| (b) | the concentration specified at point 6 in Part B of this Annex (Table 6 and 6a) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits. |
| --- | --- |

(b)

the concentration specified at point 6 in Part B of this Annex (Table 6 and 6a) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits.

8.   The following preparations are to be classified as mutagenic:

| 8.1. | those of category 1 or 2 which are assigned the symbol ‘T’ and the phrase R46.
  Preparations containing at least one substance producing such effects, classified as mutagenic and to which is assigned phrase R46 which denotes mutagenic substances in category 1 and category 2, in individual concentrations equal to or greater than:






  (a) | either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or |
| --- | --- | --- |

8.1.

those of category 1 or 2 which are assigned the symbol ‘T’ and the phrase R46.

Preparations containing at least one substance producing such effects, classified as mutagenic and to which is assigned phrase R46 which denotes mutagenic substances in category 1 and category 2, in individual concentrations equal to or greater than:

(a)

either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or

| (b) | the concentration specified at point 6 in Part B of this Annex (Table 6 and 6a) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits; |
| --- | --- |

(b)

the concentration specified at point 6 in Part B of this Annex (Table 6 and 6a) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits;

| 8.2. | those of category 3 which are assigned the symbol ‘Xn’ and the phrase 1 R68 .
  Preparations containing at least one substance, producing such effects, classified as mutagenic and to which is assigned phrase 1 R68 which denotes mutagenic substances in category 3, in individual concentrations equal to or greater than:






  (a) | either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or |
| --- | --- | --- |

8.2.

those of category 3 which are assigned the symbol ‘Xn’ and the phrase 1 R68 .

Preparations containing at least one substance, producing such effects, classified as mutagenic and to which is assigned phrase 1 R68 which denotes mutagenic substances in category 3, in individual concentrations equal to or greater than:

(a)

either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or

| (b) | the concentration specified at point 6 in Part B of this Annex (Table 6 and 6a) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits. |
| --- | --- |

(b)

the concentration specified at point 6 in Part B of this Annex (Table 6 and 6a) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits.

9.   The following preparations are to be classified as toxic for reproduction:

| 9.1. | those of category 1 or 2 which are assigned the symbol ‘T’ and the phrase R60 (fertility).
  Preparations containing at least one substance producing such effects, classified as toxic for reproduction and to which is assigned phrase R60 which denotes substances toxic for reproduction of category 1 and category 2, in individual concentrations equal to or greater than:






  (a) | either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or |
| --- | --- | --- |

9.1.

those of category 1 or 2 which are assigned the symbol ‘T’ and the phrase R60 (fertility).

Preparations containing at least one substance producing such effects, classified as toxic for reproduction and to which is assigned phrase R60 which denotes substances toxic for reproduction of category 1 and category 2, in individual concentrations equal to or greater than:

(a)

either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or

| (b) | the concentration specified at point 6 in Part B of this Annex (Table 6 and 6a) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits; |
| --- | --- |

(b)

the concentration specified at point 6 in Part B of this Annex (Table 6 and 6a) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits;

| 9.2. | those of category 3 which are assigned the symbol ‘Xn’ and the phrase R62 (fertility).
  Preparations containing at least one substance producing such effects, classified as toxic for reproduction and to which is assigned phrase R62 which denotes substances toxic for reproduction of category 3, in individual concentrations equal to or greater than:






  (a) | either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or |
| --- | --- | --- |

9.2.

those of category 3 which are assigned the symbol ‘Xn’ and the phrase R62 (fertility).

Preparations containing at least one substance producing such effects, classified as toxic for reproduction and to which is assigned phrase R62 which denotes substances toxic for reproduction of category 3, in individual concentrations equal to or greater than:

(a)

either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or

| (b) | the concentration specified at point 6 in Part B of this Annex (Table 6 and 6a) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits; |
| --- | --- |

(b)

the concentration specified at point 6 in Part B of this Annex (Table 6 and 6a) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits;

| 9.3. | those of category 1 or 2 which are assigned the symbol ‘T’ and the phrase R61 (development).
  Preparations containing at least one substance producing such effects, classified as toxic for reproduction and to which is assigned phrase R61 which denotes substances toxic for reproduction of category 1 and category 2, in individual concentrations equal to or greater than:






  (a) | either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or |
| --- | --- | --- |

9.3.

those of category 1 or 2 which are assigned the symbol ‘T’ and the phrase R61 (development).

Preparations containing at least one substance producing such effects, classified as toxic for reproduction and to which is assigned phrase R61 which denotes substances toxic for reproduction of category 1 and category 2, in individual concentrations equal to or greater than:

(a)

either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or

| (b) | the concentration specified at point 6 in Part B of this Annex (Table 6 and 6a) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits; |
| --- | --- |

(b)

the concentration specified at point 6 in Part B of this Annex (Table 6 and 6a) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits;

| 9.4. | those of category 3 which are assigned the symbol ‘Xn’ and the phrase R63 (development).
  Preparations containing at least one substance producing such effects, classified as toxic for reproduction and to which is assigned phrase R63 which denotes substances toxic for reproduction of category 3, in individual concentrations equal to or greater than:






  (a) | either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or |
| --- | --- | --- |

9.4.

those of category 3 which are assigned the symbol ‘Xn’ and the phrase R63 (development).

Preparations containing at least one substance producing such effects, classified as toxic for reproduction and to which is assigned phrase R63 which denotes substances toxic for reproduction of category 3, in individual concentrations equal to or greater than:

(a)

either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or

| (b) | the concentration specified at point 6 in Part B of this Annex (Table 6 and 6a) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits. |
| --- | --- |

(b)

the concentration specified at point 6 in Part B of this Annex (Table 6 and 6a) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits.

PART B

Concentration limits to be used in evaluation of health hazards

For each health effect, the first table (Tables 1 to 6) sets out the concentration limits (expressed as a weight/weight percentage) to be used for non-gaseous preparations and the second table (Tables 1a to 6a) sets out the concentration limits (expressed as a volume/volume percentage) to be used for gaseous preparations. These concentration limits are used in the absence of specific concentration limits for the substance under consideration in Part 3 of Annex VI to Regulation (EC) No 1272/2008 .

1.   Acute lethal effects

1.1.   Non-gaseous preparations

The concentration limits fixed in Table 1, expressed as a weight/weight percentage, determine the classification of the preparation in relation to the individual concentration of the substance(s) present whose classification is also shown.

Table 1

| Classification of the substance | Classification of the preparation |
| --- | --- |
| T+ | T | Xn |
| T+ with R26, R27, R28 | concentration ≥ 7 % | 1 % ≤ concentration < 7 % | 0,1  % ≤ concentration < 1 % |
| T with R23, R24, R25 | | concentration ≥ 25 % | 3 % ≤ concentration < 25 % |
| Xn with R20, R21, R22 | | | concentration ≥ 25 % |

Classification of the substance

Classification of the preparation

T+

T

Xn

T+ with R26, R27, R28

concentration ≥ 7 %

1 % ≤ concentration < 7 %

0,1  % ≤ concentration < 1 %

T with R23, R24, R25

concentration ≥ 25 %

3 % ≤ concentration < 25 %

Xn with R20, R21, R22

concentration ≥ 25 %

The R phrases denoting risk are to be assigned to the preparation in accordance with the following criteria:

| — | the label shall include one or more of the abovementioned R phrases according to the classification used, |
| --- | --- |

—

the label shall include one or more of the abovementioned R phrases according to the classification used,

| — | in general, the R phrases selected should be those applicable to the substance(s) present in the concentration which gives rise to the most severe classification. |
| --- | --- |

—

in general, the R phrases selected should be those applicable to the substance(s) present in the concentration which gives rise to the most severe classification.

1.2.   Gaseous preparations

The concentration limits expressed as a volume/volume percentage in Table 1a determine the classification of the gaseous preparations in relation to the individual concentration of the gas(es) present whose classification is also shown.

Table 1a

| Classification of the substance (gas) | Classification of the gaseous preparation |
| --- | --- |
| T+ | T | Xn |
| T+ with R26, R27, R28 | concentration ≥ 1 % | 0,2  % ≤ concentration < 1 % | 0,02  % ≤ concentration < 0,2  % |
| T with R23, R24, R25 | | concentration ≥ 5 % | 0,5  % ≤ concentration < 5 % |
| Xn with R20, R21, R22 | | | concentration ≥ 5 % |

Classification of the substance (gas)

Classification of the gaseous preparation

T+

T

Xn

T+ with R26, R27, R28

concentration ≥ 1 %

0,2  % ≤ concentration < 1 %

0,02  % ≤ concentration < 0,2  %

T with R23, R24, R25

concentration ≥ 5 %

0,5  % ≤ concentration < 5 %

Xn with R20, R21, R22

concentration ≥ 5 %

The R phrases denoting risk shall be assigned to the preparation in accordance with the following criteria:

| — | the label shall include one or more of the abovementioned R phrases according to the classification used, |
| --- | --- |

—

the label shall include one or more of the abovementioned R phrases according to the classification used,

| — | in general, the R phrases selected should be those applicable to the substance(s) present in the concentration which gives rise to the most severe classification. |
| --- | --- |

—

in general, the R phrases selected should be those applicable to the substance(s) present in the concentration which gives rise to the most severe classification.

2.   Non-lethal irreversible effects after a single exposure

2.1.   Non-gaseous preparations

For substances that produce non-lethal irreversible effects after a single exposure (R39/route of exposure, 1 R68/route of exposure), the individual concentration limits specified in Table 2, expressed as a weight/weight percentage, determine, when appropriate, the classification of the preparation.

Table 2

| Classification of the substance | Classification of the preparation |
| --- | --- |
| T+ | T | Xn |
| T+ with R39/route of exposure | concentration ≥ 10 % R39 (*) obligatory | 1 % ≤ concentration < 10 % R39 (*) obligatory | 0,1  % ≤ concentration < 1 % 1 R68 (*) obligatory |
| T with R39/route of exposure | | concentration ≥ 10 % R39 (*) obligatory | 1 % ≤ concentration < 10 % 1 R68 (*) obligatory |
| Xn with 1 R68/route of exposure | | | concentration ≥ 10 % 1 R68 (*) obligatory |

Classification of the substance

Classification of the preparation

T+

T

Xn

T+ with R39/route of exposure

concentration ≥ 10 % R39 (*) obligatory

1 % ≤ concentration < 10 % R39 (*) obligatory

0,1  % ≤ concentration < 1 % 1 R68 (*) obligatory

T with R39/route of exposure

concentration ≥ 10 % R39 (*) obligatory

1 % ≤ concentration < 10 % 1 R68 (*) obligatory

Xn with 1 R68/route of exposure

concentration ≥ 10 % 1 R68 (*) obligatory

2.2.   Gaseous preparations

For gases that produce non-lethal irreversible effects after a single exposure (R39/route of exposure, 2 R68/route of exposure), the individual concentration limits specified in Table 2a, expressed as a volume/volume percentage, determine, when appropriate, the classification of the preparation.

Table 2a

| Classification of the substance (gas) | Classification of the gaseous preparation |
| --- | --- |
| T+ | T | Xn |
| T+ with R39/route of exposure | concentration ≥ 1 % R39 (**) obligatory | 0,2  % ≤ concentration < 1 % R39 (**) obligatory | 0,02  % ≤ concentration < 0,2  % 2 R68 (**) obligatory |
| T with R39/route of exposure | | concentration ≥ 5 % R39 (**) obligatory | 0,5  % ≤ concentration < 5 % 2 R68 (**) obligatory |
| Xn with 2 R68/route of exposure | | | concentration ≥ 5 % 2 R68 (**) obligatory |

Classification of the substance (gas)

Classification of the gaseous preparation

T+

T

Xn

T+ with R39/route of exposure

concentration ≥ 1 % R39 (**) obligatory

0,2  % ≤ concentration < 1 % R39 (**) obligatory

0,02  % ≤ concentration < 0,2  % 2 R68 (**) obligatory

T with R39/route of exposure

concentration ≥ 5 % R39 (**) obligatory

0,5  % ≤ concentration < 5 % 2 R68 (**) obligatory

Xn with 2 R68/route of exposure

concentration ≥ 5 % 2 R68 (**) obligatory

3.   Severe effects after repeated or prolonged exposure

3.1.   Non-gaseous preparations

For substances that produce severe effects after repeated or prolonged exposure (R 48/route of exposure), the individual concentration limits specified in Table 3, expressed as a weight/weight percentage, determine, when appropriate, the classification of the preparation.

Table 3

| Classification of the substance | Classification of the preparation |
| --- | --- |
| T | Xn |
| T with R48/route of exposure | concentration ≥ 10 % R48 (***) obligatory | 1 % ≤ concentration < 10 % R48 (***) obligatory |
| Xn with R48/route of exposure | | concentration ≥ 10 % R48 (***) obligatory |

Classification of the substance

Classification of the preparation

T

Xn

T with R48/route of exposure

concentration ≥ 10 % R48 (***) obligatory

1 % ≤ concentration < 10 % R48 (***) obligatory

Xn with R48/route of exposure

concentration ≥ 10 % R48 (***) obligatory

3.2.   Gaseous preparations

For gases that produce severe effects after repeated or prolonged exposure (R48/route of exposure), the individual concentration limits specified in Table 3a, expressed as a volume/volume percentage, determine, when appropriate, the classification of the preparation.

Table 3a

| Classification of the substance (gas) | Classification of the gaseous preparation |
| --- | --- |
| T | Xn |
| T with R48/route of exposure | concentration ≥ 5 % R48 (****) obligatory | 0,5  % ≤ concentration < 5 % R48 (****) obligatory |
| Xn with R48/route of exposure | | concentration ≥ 5 % R48 (****) obligatory |

Classification of the substance (gas)

Classification of the gaseous preparation

T

Xn

T with R48/route of exposure

concentration ≥ 5 % R48 (****) obligatory

0,5  % ≤ concentration < 5 % R48 (****) obligatory

Xn with R48/route of exposure

concentration ≥ 5 % R48 (****) obligatory

4.   Corrosive and irritant effects including serious damage to the eye

4.1.   Non-gaseous preparations

For substances that produce corrosive effects (R34, R35) or irritant effects (R36, R37, R38, R41), the individual concentration limits specified in Table 4, expressed as a weight/weight percentage, determine, when appropriate, the classification of the preparation.

Table 4

| Classification of the substance | Classification of the preparation |
| --- | --- |
| C with R35 | C with R34 | Xi with R41 | Xi with R36, R37, R38 |
| C with R35 | concentration ≥ 10 % R35 obligatory | 5 % ≤ concentration < 10 % R34 obligatory | 5 % (*****) | 1 % ≤ concentration < 5 % R36/38 obligatory |
| C with R34 | | concentration ≥ 10 % R34 obligatory | 10 % (*****) | 5 % ≤ concentration < 10 % R36/38 obligatory |
| Xi with R41 | | | concentration ≥ 10 % R41 obligatory | 5 % ≤ concentration < 10 % R36 obligatory |
| Xi with R36, R37, R38 | | | | concentration ≥ 20 % R36, R37, R38 are obligatory in the light of the concentration present if they apply to the substances under consideration |

Classification of the substance

Classification of the preparation

C with R35

C with R34

Xi with R41

Xi with R36, R37, R38

C with R35

concentration ≥ 10 % R35 obligatory

5 % ≤ concentration < 10 % R34 obligatory

5 % (*****)

1 % ≤ concentration < 5 % R36/38 obligatory

C with R34

concentration ≥ 10 % R34 obligatory

10 % (*****)

5 % ≤ concentration < 10 % R36/38 obligatory

Xi with R41

concentration ≥ 10 % R41 obligatory

5 % ≤ concentration < 10 % R36 obligatory

Xi with R36, R37, R38

concentration ≥ 20 % R36, R37, R38 are obligatory in the light of the concentration present if they apply to the substances under consideration

| NB: | Simple application of the conventional method to preparations containing substances classified as corrosive or irritant may result in under-classification or over-classification of the hazard, if other relevant factors (e.g. pH of the preparation) are not taken into account. Therefore, in classifying for corrosivity, consider the advice given in point 3.2.5 of Annex VI to Directive 67/548/EEC and in the second and third indents of Article 6(3), of this Directive. |
| --- | --- |

NB:

Simple application of the conventional method to preparations containing substances classified as corrosive or irritant may result in under-classification or over-classification of the hazard, if other relevant factors (e.g. pH of the preparation) are not taken into account. Therefore, in classifying for corrosivity, consider the advice given in point 3.2.5 of Annex VI to Directive 67/548/EEC and in the second and third indents of Article 6(3), of this Directive.

4.2.   Gaseous preparations

For gases that produce such effects (R34, R35 or R36, R37, R38, R41), the individual concentration limits specified in Table 4a, expressed as a volume/volume percentage determine, when appropriate, the classification of the preparation.

Table 4a

| Classification of the substance (gas) | Classification of the gaseous preparation |
| --- | --- |
| C with R35 | C with R34 | Xi with R41 | Xi with R36, R37, R38 |
| C with R35 | concentration ≥ 1 % R35 obligatory | 0,2  % ≤ concentration < 1 % R34 obligatory | 0,2  % (******) | 0,02  % ≤ concentration < 0,2  % R36/37/38 obligatory |
| C with R34 | | concentration ≥ 5 % R34 obligatory | 5 % (******) | 0,5  % ≤ concentration < 5 % R36/37/38 obligatory |
| Xi with R41 | | | concentration ≥ 5 % R41 obligatory | 0,5  % ≤ concentration < 5 % R36 obligatory |
| Xi with R36, R37, R38 | | | | concentration ≥ 5 % R36, R37, R38 obligatory as appropriate |

Classification of the substance (gas)

Classification of the gaseous preparation

C with R35

C with R34

Xi with R41

Xi with R36, R37, R38

C with R35

concentration ≥ 1 % R35 obligatory

0,2  % ≤ concentration < 1 % R34 obligatory

0,2  % (******)

0,02  % ≤ concentration < 0,2  % R36/37/38 obligatory

C with R34

concentration ≥ 5 % R34 obligatory

5 % (******)

0,5  % ≤ concentration < 5 % R36/37/38 obligatory

Xi with R41

concentration ≥ 5 % R41 obligatory

0,5  % ≤ concentration < 5 % R36 obligatory

Xi with R36, R37, R38

concentration ≥ 5 % R36, R37, R38 obligatory as appropriate

| NB: | Simple application of the conventional method to preparations containing substances classified as corrosive or irritant may result in under-classification or over-classification of the hazard, if other relevant factors (e.g. pH of the preparation) are not taken into account. Therefore, in classifying for corrosivity, consider the advice given in point 3.2.5 of Annex VI to Directive 67/548/EEC and in the second and third indents of Article 6(3), of this Directive. |
| --- | --- |

NB:

Simple application of the conventional method to preparations containing substances classified as corrosive or irritant may result in under-classification or over-classification of the hazard, if other relevant factors (e.g. pH of the preparation) are not taken into account. Therefore, in classifying for corrosivity, consider the advice given in point 3.2.5 of Annex VI to Directive 67/548/EEC and in the second and third indents of Article 6(3), of this Directive.

5.   Sensitising effects

5.1.   Non-gaseous preparations

Preparations that produce such effects are classified as sensitising and assigned:

| — | the symbol Xn and phrase R42 if this effect can be produced by inhalation, |
| --- | --- |

—

the symbol Xn and phrase R42 if this effect can be produced by inhalation,

| — | the symbol Xi and phrase R43 if this effect can be produced through contact with the skin. |
| --- | --- |

—

the symbol Xi and phrase R43 if this effect can be produced through contact with the skin.

The individual concentration limits specified in Table 5, expressed as a weight/weight percentage, determine, when appropriate, the classification of the preparation.

Table 5

| Classification of the substance | Classification of the preparation |
| --- | --- |
| Sensitising with R42 | Sensitising with R43 |
| Sensitising with R42 | concentration ≥ 1 % R42 obligatory | |
| Sensitising with R43 | | concentration ≥ 1 % R43 obligatory |

Classification of the substance

Classification of the preparation

Sensitising with R42

Sensitising with R43

Sensitising with R42

concentration ≥ 1 % R42 obligatory

Sensitising with R43

concentration ≥ 1 % R43 obligatory

5.2.   Gaseous preparations

Gaseous preparations that produce such effects are classified as sensitising and assigned:

| — | the symbol Xn and phrase R42 if this effect can be produced by inhalation, |
| --- | --- |

—

the symbol Xn and phrase R42 if this effect can be produced by inhalation,

| — | the symbol Xi and phrase R43 if this effect can be produced through contact with the skin. |
| --- | --- |

—

the symbol Xi and phrase R43 if this effect can be produced through contact with the skin.

The individual concentration limits specified in Table 5a, expressed as a volume/volume percentage, determine, when appropriate, the classification of the preparation.

Table 5a

| Classification of the substance (gas) | Classification of the gaseous preparation |
| --- | --- |
| Sensitising with R42 | Sensitising with R43 |
| Sensitising with R42 | concentration ≥ 0,2  % R42 obligatory | |
| Sensitising with R43 | | concentration ≥ 0,2  % R43 obligatory |

Classification of the substance (gas)

Classification of the gaseous preparation

Sensitising with R42

Sensitising with R43

Sensitising with R42

concentration ≥ 0,2  % R42 obligatory

Sensitising with R43

concentration ≥ 0,2  % R43 obligatory

6.   Carcinogenic/mutagenic/toxic effects for reproduction

6.1.   Non-gaseous preparations

For substances which produce such effects, the concentration limits laid down in Table 6, expressed as a weight/weight percentage, shall determine, where appropriate, the classification of the preparation. The following symbol and risk phrases are assigned:

| Carcinogenic categories 1 and 2: | T; R45 or R49 |
| --- | --- |
| Carcinogenic category 3: | Xn; R40 |
| Mutagenic categories 1 and 2: | T; R46 |
| Mutagenic category 3: | Xn; 1 R68 |
| Toxic for reproduction fertility categories 1 and 2: | T; R60 |
| Toxic for reproduction development categories 1 and 2: | T; R61 |
| Toxic for reproduction fertility category 3: | Xn; R62 |
| Toxic for reproduction development category 3: | Xn; R63 |

Carcinogenic categories 1 and 2:

T; R45 or R49

Carcinogenic category 3:

Xn; R40

Mutagenic categories 1 and 2:

T; R46

Mutagenic category 3:

Xn; 1 R68

Toxic for reproduction fertility categories 1 and 2:

T; R60

Toxic for reproduction development categories 1 and 2:

T; R61

Toxic for reproduction fertility category 3:

Xn; R62

Toxic for reproduction development category 3:

Xn; R63

Table 6

| Classification of the substance | Classification of the preparation |
| --- | --- |
| Categories 1 and 2 | Category 3 |
| Carcinogenic substances of category 1 or 2 with R45 or R49 | Concentration ≥ 0,1  % carcinogenic R45, R49 obligatory as appropriate | |
| Carcinogenic substances of category 3 with R40 | | Concentration ≥ 1 % carcinogenic R40 obligatory (unless already assigned R45
   (*******)) |
| Mutagenic substances of category 1 or 2 with R46 | Concentration ≥ 0,1  % mutagenic R46 obligatory | |
| Mutagenic substances of category 3 with R68 | | Concentration ≥ 1 % mutagenic R68 obligatory (unless already assigned R46) |
| Substances ‘toxic for reproduction’ of category 1 or 2 with R60 (fertility) | Concentration ≥ 0,5  % toxic for reproduction (fertility) R60 obligatory | |
| Substances ‘toxic for reproduction’ of category 3 with R62 (fertility) | | Concentration ≥ 5 % toxic for reproduction (fertility) R62 obligatory (unless already assigned R60) |
| Substances ‘toxic for reproduction’ of category 1 or 2 with R61 (development) | Concentration ≥ 0,5  % toxic for reproduction (development) R61 obligatory | |
| Substances ‘toxic for reproduction’ of category 3 with R63 (development) | | Concentration ≥ 5 % toxic for reproduction (development) R63 obligatory (unless already assigned R61) |

Classification of the substance

Classification of the preparation

Categories 1 and 2

Category 3

Carcinogenic substances of category 1 or 2 with R45 or R49

Concentration ≥ 0,1  % carcinogenic R45, R49 obligatory as appropriate

Carcinogenic substances of category 3 with R40

Concentration ≥ 1 % carcinogenic R40 obligatory (unless already assigned R45
   (*******))

Mutagenic substances of category 1 or 2 with R46

Concentration ≥ 0,1  % mutagenic R46 obligatory

Mutagenic substances of category 3 with R68

Concentration ≥ 1 % mutagenic R68 obligatory (unless already assigned R46)

Substances ‘toxic for reproduction’ of category 1 or 2 with R60 (fertility)

Concentration ≥ 0,5  % toxic for reproduction (fertility) R60 obligatory

Substances ‘toxic for reproduction’ of category 3 with R62 (fertility)

Concentration ≥ 5 % toxic for reproduction (fertility) R62 obligatory (unless already assigned R60)

Substances ‘toxic for reproduction’ of category 1 or 2 with R61 (development)

Concentration ≥ 0,5  % toxic for reproduction (development) R61 obligatory

Substances ‘toxic for reproduction’ of category 3 with R63 (development)

Concentration ≥ 5 % toxic for reproduction (development) R63 obligatory (unless already assigned R61)

6.2.   Gaseous preparations

For gases which produce such effects, the concentration limits laid down in Table 6a, expressed as a volume/volume percentage, shall determine, where appropriate, the classification of the preparation. The following symbol and risk phrases are assigned:

| Carcinogenic categories 1 and 2: | T; R45 or R49 |
| --- | --- |
| Carcinogenic category 3: | Xn; R40 |
| Mutagenic categories 1 and 2: | T; R46 |
| Mutagenic category 3: | Xn; 1 R68 |
| Toxic for reproduction fertility categories 1 and 2: | T; R60 |
| Toxic for reproduction development categories 1 and 2: | T; R61 |
| Toxic for reproduction fertility category 3: | Xn; R62 |
| Toxic for reproduction development category 3: | Xn; R63 |

Carcinogenic categories 1 and 2:

T; R45 or R49

Carcinogenic category 3:

Xn; R40

Mutagenic categories 1 and 2:

T; R46

Mutagenic category 3:

Xn; 1 R68

Toxic for reproduction fertility categories 1 and 2:

T; R60

Toxic for reproduction development categories 1 and 2:

T; R61

Toxic for reproduction fertility category 3:

Xn; R62

Toxic for reproduction development category 3:

Xn; R63

Table 6a

| Classification of the substance | Classification of the preparation |
| --- | --- |
| Categories 1 and 2 | Category 3 |
| Carcinogenic substances of category 1 or 2 with R45 or R49 | Concentration ≥ 0,1  % carcinogenic R45, R49 obligatory as appropriate | |
| Carcinogenic substances of category 3 with R40 | | Concentration ≥ 1 % carcinogenic R40 obligatory (unless already assigned R45
   (********)) |
| Mutagenic substances of category 1 or 2 with R46 | Concentration ≥ 0,1  % mutagenic R46 obligatory | |
| Mutagenic substances of category 3 with R68 | | Concentration ≥ 1 % mutagenic R68 obligatory (unless already assigned R46) |
| Substances ‘toxic for reproduction’ of category 1 or 2 with R60 (fertility) | Concentration ≥ 0,2  % toxic for reproduction (fertility) R60 obligatory | |
| Substances ‘toxic for reproduction’ of category 3 with R62 (fertility) | | Concentration ≥ 1 % toxic for reproduction (fertility) R62 obligatory (unless already assigned R60) |
| Substances ‘toxic for reproduction’ of category 1 or 2 with R61 (development) | Concentration ≥ 0,2  % toxic for reproduction (development) R61 obligatory | |
| Substances ‘toxic for reproduction’ of category 3 with R63 (development) | | Concentration ≥ 1 % toxic for reproduction (development) R63 obligatory (unless already assigned R61) |

Classification of the substance

Classification of the preparation

Categories 1 and 2

Category 3

Carcinogenic substances of category 1 or 2 with R45 or R49

Concentration ≥ 0,1  % carcinogenic R45, R49 obligatory as appropriate

Carcinogenic substances of category 3 with R40

Concentration ≥ 1 % carcinogenic R40 obligatory (unless already assigned R45
   (********))

Mutagenic substances of category 1 or 2 with R46

Concentration ≥ 0,1  % mutagenic R46 obligatory

Mutagenic substances of category 3 with R68

Concentration ≥ 1 % mutagenic R68 obligatory (unless already assigned R46)

Substances ‘toxic for reproduction’ of category 1 or 2 with R60 (fertility)

Concentration ≥ 0,2  % toxic for reproduction (fertility) R60 obligatory

Substances ‘toxic for reproduction’ of category 3 with R62 (fertility)

Concentration ≥ 1 % toxic for reproduction (fertility) R62 obligatory (unless already assigned R60)

Substances ‘toxic for reproduction’ of category 1 or 2 with R61 (development)

Concentration ≥ 0,2  % toxic for reproduction (development) R61 obligatory

Substances ‘toxic for reproduction’ of category 3 with R63 (development)

Concentration ≥ 1 % toxic for reproduction (development) R63 obligatory (unless already assigned R61)

---

(*)  In order to indicate the route of administration/exposure (route of exposure) the combined R phrases listed in points 3.2.1, 3.2.2 and 3.2.3 of the labelling guide (Annex VI to Directive 67/548/EEC) are to be used.

(**)  In order to indicate the route of administration/exposure (route of exposure) the combined R phrases listed in points 3.2.1, 3.2.2 and 3.2.3 of the labelling guide (Annex VI to Directive 67/548/EEC) are to be used.

(***)  In order to indicate the route of administration/exposure (route of exposure) the combined R phrases listed in points 3.2.1, 3.2.2 and 3.2.3 of the labelling guide (Annex VI to Directive 67/548/EEC) are to be used.

(****)  In order to indicate the route of administration/exposure (route of exposure) the combined R phrases listed in points 3.2.1, 3.2.2 and 3.2.3 of the labelling guide (Annex VI to Directive 67/548/EEC) are to be used.

(*****)  According to the labelling guide (Annex VI to Directive 67/548/EEC), corrosive substances assigned risk phrases R35 or R34 must also be considered as being assigned phrase R41. Consequently, if the preparation contains corrosive substances with R35 or R34 below the concentration limits for a classification of the preparation as corrosive, such substances can contribute to a classification of the preparation as irritant with R41 or irritant with R36.

(******)  According to the labelling guide (Annex VI to Directive 67/548/EEC), corrosive substances assigned risk phrases R35 or R34 must also be considered as being assigned phrase R41. Consequently, if the preparation contains corrosive substances with R35 or R34 below the concentration limits for a classification of the preparation as corrosive, such substances can contribute to a classification of the preparation as irritant with R41 or irritant with R36.

(*******)  In cases where the preparation is assigned R49 and R40, both R phrases shall be kept, because R40 does not distinguish between the exposure routes, whereas R49 is only assigned for the inhalation route.

(********)  In cases where the preparation is assigned R49 and R40, both R phrases shall be kept, because R40 does not distinguish between the exposure routes, whereas R49 is only assigned for the inhalation route.

ANNEX III

METHODS FOR THE EVALUATION OF THE ENVIRONMENTAL HAZARDS OF PREPARATIONS IN ACCORDANCE WITH ARTICLE 7

INTRODUCTION

The systematic assessment of all the dangerous properties for the environment is expressed by means of concentration limits, expressed as a weight/weight percentage except for gaseous preparations where they are expressed as a volume/volume percentage and in conjunction with the classification of a substance.

Part A sets out the calculation procedure in accordance with Article 7(1)(a) and gives the R phrases to be assigned to the classification of the preparation.

Part B sets out the concentration limits to be used when applying the conventional method and relevant symbols and R phrases for classification.

In accordance with Article 7(1)(a) the environmental hazards of a preparation shall be assessed by the conventional method described in Parts A and B of this Annex, using individual concentration limits.

| (a) | Where the dangerous substances listed in Part 3 of Annex VI to Regulation (EC) No 1272/2008 are assigned concentration limits necessary for the application of the method of assessment described in Part A of this Annex, these concentration limits must be used. |
| --- | --- |

(a)

Where the dangerous substances listed in Part 3 of Annex VI to Regulation (EC) No 1272/2008 are assigned concentration limits necessary for the application of the method of assessment described in Part A of this Annex, these concentration limits must be used.

| (b) | Where the dangerous substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear there without the concentration limits necessary for the application of the method of evaluation described in Part A of this Annex, the concentration limits shall be assigned in accordance with the specification in Part B of this Annex. |
| --- | --- |

(b)

Where the dangerous substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear there without the concentration limits necessary for the application of the method of evaluation described in Part A of this Annex, the concentration limits shall be assigned in accordance with the specification in Part B of this Annex.

Part C sets out the test methods for the evaluation of the hazards for the aquatic environment.

PART A

Procedure for the evaluation of environmental hazards

(a)   Aquatic environment

I.   Conventional method for the evaluation of hazards to the aquatic environment

The conventional method for the evaluation of hazards to the aquatic environment 2 takes into account all the hazards that a preparation may entail for this medium in accordance with the following specifications.

The following preparations are to be classified as dangerous for the environment:

| 1. | and assigned the symbol ‘N’, the indication of danger ‘dangerous for the environment’ and the risk phrases R50 and R53 (R50-53): |
| --- | --- |

1.

and assigned the symbol ‘N’, the indication of danger ‘dangerous for the environment’ and the risk phrases R50 and R53 (R50-53):

| 1.1. | preparations containing one or more substances classified as dangerous to the environment and to which is assigned phrases R50-53 in individual concentrations equal to or greater than:






  (a) | either the concentration specified in 3 Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or |
| --- | --- | --- |

1.1.

preparations containing one or more substances classified as dangerous to the environment and to which is assigned phrases R50-53 in individual concentrations equal to or greater than:

(a)

either the concentration specified in 3 Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or

| (b) | the concentration specified in Part B of this Annex (Table 1) where the substance or substances do not appear in 3 Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits; |
| --- | --- |

(b)

the concentration specified in Part B of this Annex (Table 1) where the substance or substances do not appear in 3 Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits;

| 1.2. | preparations containing more than one substance classified as dangerous for the environment and to which is assigned phrases R50–53 in lower individual concentrations than the limits specified in point I.1.1(a) or (b) if:




  where:








  PN, R50-53 | = | is the percentage by weight of each substance dangerous for the environment to which is assigned phrases R50–53 in the preparation, |
| --- | --- | --- | --- |
| LN, R50-53 | = | is the limit R50–53 for each substance dangerous for the environment to which is assigned the phrases R50–53, expressed as percentage by weight; |

1.2.

preparations containing more than one substance classified as dangerous for the environment and to which is assigned phrases R50–53 in lower individual concentrations than the limits specified in point I.1.1(a) or (b) if:

Image

where:

PN, R50-53

=

is the percentage by weight of each substance dangerous for the environment to which is assigned phrases R50–53 in the preparation,

LN, R50-53

=

is the limit R50–53 for each substance dangerous for the environment to which is assigned the phrases R50–53, expressed as percentage by weight;

| 2. | and assigned the symbol ‘N’, the indication of danger ‘dangerous for the environment’ and the risk phrases R51 and R53 (R51–53) unless the preparation is already classified in accordance with point I.1; |
| --- | --- |

2.

and assigned the symbol ‘N’, the indication of danger ‘dangerous for the environment’ and the risk phrases R51 and R53 (R51–53) unless the preparation is already classified in accordance with point I.1;

| 2.1. | preparations containing one or more than one substance classified as dangerous to the environment and to which is assigned phrases R50–53 or R51–53 in individual concentrations equal to or greater than:






  (a) | either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or |
| --- | --- | --- |

2.1.

preparations containing one or more than one substance classified as dangerous to the environment and to which is assigned phrases R50–53 or R51–53 in individual concentrations equal to or greater than:

(a)

either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or

| (b) | the concentration specified in Part B of this Annex (Table 1) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits; |
| --- | --- |

(b)

the concentration specified in Part B of this Annex (Table 1) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits;

| 2.2. | preparations containing more than one of the substances classified as dangerous for the environment and to which is assigned phrases R50–53 or R51–53 in lower individual concentrations than the limits specified in point I.2.1 (a) or (b) if:




  where:








  PN, R50-53 | = | is the percentage by weight of each substance dangerous for the environment to which is assigned phrases R50–53 in the preparation, |
| --- | --- | --- | --- |
| PN, R51-53 | = | is the percentage by weight of each substance dangerous for the environment to which is assigned phrases R51–53 in the preparation, |
| LN, R51-53 | = | is the respective limit R51–53 for each substance dangerous for the environment to which is assigned phrases R50–53 or R51–53, expressed as percentage by weight; |

2.2.

preparations containing more than one of the substances classified as dangerous for the environment and to which is assigned phrases R50–53 or R51–53 in lower individual concentrations than the limits specified in point I.2.1 (a) or (b) if:

Image

where:

PN, R50-53

=

is the percentage by weight of each substance dangerous for the environment to which is assigned phrases R50–53 in the preparation,

PN, R51-53

=

is the percentage by weight of each substance dangerous for the environment to which is assigned phrases R51–53 in the preparation,

LN, R51-53

=

is the respective limit R51–53 for each substance dangerous for the environment to which is assigned phrases R50–53 or R51–53, expressed as percentage by weight;

| 3. | and assigned the risk phrases R52 and R53 (R52–53) unless the preparation is already classified in accordance with point I.1 or I.2; |
| --- | --- |

3.

and assigned the risk phrases R52 and R53 (R52–53) unless the preparation is already classified in accordance with point I.1 or I.2;

| 3.1. | preparations containing one or more than one substance classified as dangerous to the environment and to which is assigned phrases R50–53 or R51–53 or R52–53 in individual concentrations equal to or greater than:






  (a) | either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or |
| --- | --- | --- |

3.1.

preparations containing one or more than one substance classified as dangerous to the environment and to which is assigned phrases R50–53 or R51–53 or R52–53 in individual concentrations equal to or greater than:

(a)

either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or

| (b) | the concentration specified in Part B of this Annex (Table 1) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits; |
| --- | --- |

(b)

the concentration specified in Part B of this Annex (Table 1) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits;

| 3.2. | preparations containing more than one of the substances classified as dangerous for the environment and to which is assigned phrases R51–53 or R50–53 or R52–53 in lower individual concentrations than the limits specified in point I.3.1(a) or (b) if:




  where:








  PN, R50-53 | = | is the percentage by weight of each substance dangerous for the environment to which is assigned phrases R50–53 in the preparation, |
| --- | --- | --- | --- |
| PN, R51-53 | = | is the percentage by weight of each substance dangerous for the environment to which is assigned phrases R51–53 in the preparation, |
| PR52-53 | = | is the percentage by weight of each substance dangerous for the environment to which is assigned phrases R52–53 in the preparation, |
| LR52-53 | = | is the respective limit R52–53 for each substance dangerous for the environment to which is assigned phrases R50–53 or R51–53 or R52–53, expressed as percentage by weight; |

3.2.

preparations containing more than one of the substances classified as dangerous for the environment and to which is assigned phrases R51–53 or R50–53 or R52–53 in lower individual concentrations than the limits specified in point I.3.1(a) or (b) if:

Image

where:

PN, R50-53

=

is the percentage by weight of each substance dangerous for the environment to which is assigned phrases R50–53 in the preparation,

PN, R51-53

=

is the percentage by weight of each substance dangerous for the environment to which is assigned phrases R51–53 in the preparation,

PR52-53

=

is the percentage by weight of each substance dangerous for the environment to which is assigned phrases R52–53 in the preparation,

LR52-53

=

is the respective limit R52–53 for each substance dangerous for the environment to which is assigned phrases R50–53 or R51–53 or R52–53, expressed as percentage by weight;

| 4. | and assigned the symbol ‘N’, the indication of danger ‘dangerous for the environment’ and the risk phrase R50 unless the preparation is already classified in accordance with point I.1: |
| --- | --- |

4.

and assigned the symbol ‘N’, the indication of danger ‘dangerous for the environment’ and the risk phrase R50 unless the preparation is already classified in accordance with point I.1:

| 4.1. | preparations containing one or more than one substance classified as dangerous to the environment and to which is assigned phrase R50 in individual concentrations equal to or greater than:






  (a) | either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or |
| --- | --- | --- |

4.1.

preparations containing one or more than one substance classified as dangerous to the environment and to which is assigned phrase R50 in individual concentrations equal to or greater than:

(a)

either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or

| (b) | the concentration specified in Part B of this Annex (Table 2) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits; |
| --- | --- |

(b)

the concentration specified in Part B of this Annex (Table 2) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits;

| 4.2. | preparations containing more than one substance classified as dangerous for the environment and to which is assigned phrase R50 in lower individual concentrations than the limits specified in point I.4.1(a) or (b) if:




  where:








  PN, R50 | = | is the percentage by weight of each substance dangerous for the environment to which is assigned phrase R50 in the preparation, |
| --- | --- | --- | --- |
| LN, R50 | = | is the limit R50 for each substance dangerous for the environment to which is assigned phrase R50, expressed as percentage by weight; |

4.2.

preparations containing more than one substance classified as dangerous for the environment and to which is assigned phrase R50 in lower individual concentrations than the limits specified in point I.4.1(a) or (b) if:

Image

where:

PN, R50

=

is the percentage by weight of each substance dangerous for the environment to which is assigned phrase R50 in the preparation,

LN, R50

=

is the limit R50 for each substance dangerous for the environment to which is assigned phrase R50, expressed as percentage by weight;

| 4.3. | preparations containing one or more than one of the substances classified as dangerous for the environment and to which is assigned phrase R50 not meeting the criteria in point I.4.1 or I.4.2 and containing one or more than one substance classified as dangerous for the environment and to which is assigned phrases R50–53 if:




  where:








  PN, R50 | = | is the percentage by weight of each substance dangerous for the environment to which is assigned phrase R50 in the preparation, |
| --- | --- | --- | --- |
| PN, R50-53 | = | is the percentage by weight of each substance dangerous for the environment to which is assigned phrases R50–53 in the preparation, |
| LN, R50 | = | is the perspective limit R50 for each substance dangerous for the environment to which is assigned phrases R50 or R50–53, expressed as percentage by weight; |

4.3.

preparations containing one or more than one of the substances classified as dangerous for the environment and to which is assigned phrase R50 not meeting the criteria in point I.4.1 or I.4.2 and containing one or more than one substance classified as dangerous for the environment and to which is assigned phrases R50–53 if:

Image

where:

PN, R50

=

is the percentage by weight of each substance dangerous for the environment to which is assigned phrase R50 in the preparation,

PN, R50-53

=

is the percentage by weight of each substance dangerous for the environment to which is assigned phrases R50–53 in the preparation,

LN, R50

=

is the perspective limit R50 for each substance dangerous for the environment to which is assigned phrases R50 or R50–53, expressed as percentage by weight;

| 5. | and assigned the risk phrase R52 unless the preparation is already classified in accordance with point I.1, I.2, I.3, or I.4: |
| --- | --- |

5.

and assigned the risk phrase R52 unless the preparation is already classified in accordance with point I.1, I.2, I.3, or I.4:

| 5.1. | preparations containing one or more than one substance classified as dangerous to the environment and to which is assigned phrase R52 in individual concentrations equal to or greater than:






  (a) | either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or |
| --- | --- | --- |

5.1.

preparations containing one or more than one substance classified as dangerous to the environment and to which is assigned phrase R52 in individual concentrations equal to or greater than:

(a)

either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or

| (b) | the concentration specified in Part B of this Annex (Table 3) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits; |
| --- | --- |

(b)

the concentration specified in Part B of this Annex (Table 3) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits;

| 5.2. | preparations containing more than one substance classified as dangerous for the environment and to which is assigned phrase R52 in lower individual concentrations than the limits specified in point I.5.1 (a) or (b) if:




  where:








  PR52 | = | is the percentage by weight of each substance dangerous for the environment to which is assigned phrase R52 in the preparation, |
| --- | --- | --- | --- |
| LR52 | = | is the limit R52 for each substance dangerous for the environment to which is assigned phrase R52, expressed as percentage by weight; |

5.2.

preparations containing more than one substance classified as dangerous for the environment and to which is assigned phrase R52 in lower individual concentrations than the limits specified in point I.5.1 (a) or (b) if:

Image

where:

PR52

=

is the percentage by weight of each substance dangerous for the environment to which is assigned phrase R52 in the preparation,

LR52

=

is the limit R52 for each substance dangerous for the environment to which is assigned phrase R52, expressed as percentage by weight;

| 6. | and assigned the risk phrase R53 unless the preparation is already classified in accordance with point I.1, I.2, or I.3: |
| --- | --- |

6.

and assigned the risk phrase R53 unless the preparation is already classified in accordance with point I.1, I.2, or I.3:

| 6.1. | preparations containing one or more than one substance classified as dangerous to the environment and to which is assigned phrase R53 in individual concentrations equal to or greater than:






  (a) | either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or |
| --- | --- | --- |

6.1.

preparations containing one or more than one substance classified as dangerous to the environment and to which is assigned phrase R53 in individual concentrations equal to or greater than:

(a)

either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or

| (b) | the concentration specified in Part B of this Annex (Table 4) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits; |
| --- | --- |

(b)

the concentration specified in Part B of this Annex (Table 4) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits;

| 6.2. | preparations containing more than one substance classified as dangerous for the environment and to which is assigned phrase R53 in lower individual concentrations than the limits specified in point I.6.1(a) or (b) if:




  where:








  PR53 | = | is the percentage by weight of each substance dangerous for the environment to which is assigned phrase R53 in the preparation, |
| --- | --- | --- | --- |
| LR53 | = | is the limit R53 for each substance dangerous for the environment to which is assigned phrase R53, expressed as percentage by weight; |

6.2.

preparations containing more than one substance classified as dangerous for the environment and to which is assigned phrase R53 in lower individual concentrations than the limits specified in point I.6.1(a) or (b) if:

Image

where:

PR53

=

is the percentage by weight of each substance dangerous for the environment to which is assigned phrase R53 in the preparation,

LR53

=

is the limit R53 for each substance dangerous for the environment to which is assigned phrase R53, expressed as percentage by weight;

| 6.3. | preparations containing one or more than one of the substances classified as dangerous for the environment and to which is assigned phrase R53 not meeting the criteria in point I.6.2 and containing one or more than one substance classified as dangerous for the environment and to which is assigned phrases R50–53 or R51–53 or R52–53 if:




  where:








  PR53 | = | is the percentage by weight of each substance dangerous for the environment to which is assigned phrase R53 in the preparation, |
| --- | --- | --- | --- |
| PN, R50-53 | = | is the percentage by weight of each substance dangerous for the environment to which is assigned phrase R50–53 in the preparation, |
| PN, R51-53 | = | is the percentage by weight of each substance dangerous for the environment to which is assigned phrase R51–53 in the preparation, |
| PR52-53 | = | is the percentage by weight of each substance dangerous for the environment to which is assigned phrase R52–53 in the preparation, |
| LR53 | = | is the respective limit R53 for each substance dangerous for the environment to which is assigned phrase R53 or R50–53 or R51–53 or R52–53, expressed as percentage by weight. |

6.3.

preparations containing one or more than one of the substances classified as dangerous for the environment and to which is assigned phrase R53 not meeting the criteria in point I.6.2 and containing one or more than one substance classified as dangerous for the environment and to which is assigned phrases R50–53 or R51–53 or R52–53 if:

Image

where:

PR53

=

is the percentage by weight of each substance dangerous for the environment to which is assigned phrase R53 in the preparation,

PN, R50-53

=

is the percentage by weight of each substance dangerous for the environment to which is assigned phrase R50–53 in the preparation,

PN, R51-53

=

is the percentage by weight of each substance dangerous for the environment to which is assigned phrase R51–53 in the preparation,

PR52-53

=

is the percentage by weight of each substance dangerous for the environment to which is assigned phrase R52–53 in the preparation,

LR53

=

is the respective limit R53 for each substance dangerous for the environment to which is assigned phrase R53 or R50–53 or R51–53 or R52–53, expressed as percentage by weight.

(b)   Non-aquatic environment

(1)   OZONE LAYER

I.   Conventional method for the evaluation of preparations dangerous for the ozone layer

The following preparations shall be classified as dangerous for the environment:

| 1. | and assigned the symbol ‘N’, the indication of danger ‘dangerous for the environment’ and the risk phrase R59; |
| --- | --- |

1.

and assigned the symbol ‘N’, the indication of danger ‘dangerous for the environment’ and the risk phrase R59;

| 1.1. | preparations containing one or more substances classified as dangerous to the environment and to which is assigned the symbol ‘N’ and the risk phrase R59 in individual concentrations equal to or greater than:






  (a) | either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or |
| --- | --- | --- |

1.1.

preparations containing one or more substances classified as dangerous to the environment and to which is assigned the symbol ‘N’ and the risk phrase R59 in individual concentrations equal to or greater than:

(a)

either the concentration specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance or substances under consideration, or

| (b) | the concentration specified in Part B of this Annex (Table 5) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits. |
| --- | --- |

(b)

the concentration specified in Part B of this Annex (Table 5) where the substance or substances do not appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or appear in it without concentration limits.

(2)   TERRESTRIAL ENVIRONMENT

I.   Evaluation of preparations dangerous for the terrestrial environment

Classification of preparations using the risk phrases below will follow after the detailed criteria for use of the phrases have been incorporated in Annex VI to Directive 67/548/EEC.

| R54 | Toxic to flora |
| --- | --- |
| R55 | Toxic to fauna |
| R56 | Toxic to soil organisms |
| R57 | Toxic to bees |
| R58 | May cause long-term adverse effects in the environment. |

R54

Toxic to flora

R55

Toxic to fauna

R56

Toxic to soil organisms

R57

Toxic to bees

R58

May cause long-term adverse effects in the environment.

PART B

Concentration limits to be used for the evaluation of environmental hazards

I.   For the aquatic environment

The concentration limits fixed in the following tables, expressed as a weight/weight percentage, determine the classification of the preparation in relation to the individual concentration of the substance(s) present whose classification is also shown.

Table 1a

Acute aquatic toxicity and long-term adverse effects

| Classification of the substance | Classification of the preparation |
| --- | --- |
| N, R50-53 | N, R51-53 | R52-53 |
| N, R50-53 | see Table 1b | see Table 1b | see Table 1b |
| N, R51-53 | | Cn ≥ 25 % | 2,5  % ≤ Cn< 25 % |
| R52-53 | | | Cn ≥ 25 % |

Classification of the substance

Classification of the preparation

N, R50-53

N, R51-53

R52-53

N, R50-53

see Table 1b

see Table 1b

see Table 1b

N, R51-53

Cn ≥ 25 %

2,5  % ≤ Cn< 25 %

R52-53

Cn ≥ 25 %

Preparations containing a substance classified with N, R50–53, the concentration limits and the resulting classification given in table 1b are applicable.

Table 1b

Acute aquatic toxicity and long-term adverse effects of substances very toxic to the aquatic environment

| LC50 or EC50 value (‘L(E)C50’) of substance classified as N, R50–53 (mg/l) | Classification of the preparation |
| --- | --- |
| N, R50-53 | N, R51-53 | R52-53 |
| 0,1 < L(E)C50 ≤ 1 | Cn ≥ 25 % | 2,5  % ≤ Cn< 25 % | 0,25  % ≤ Cn< 2,5  % |
| 0,01 < L(E)C50 ≤ 0,1 | Cn ≥ 2,5  % | 0,25  % ≤ Cn< 2,5  % | 0,025  % ≤ Cn< 0,25  % |
| 0,001 < L(E)C50 ≤ 0,01 | Cn ≥ 0,25  % | 0,025  % ≤ Cn< 0,25  % | 0,0025  % ≤ Cn< 0,025  % |
| 0,0001 < L(E)C50 ≤ 0,001 | Cn ≥ 0,025  % | 0,0025  % ≤ Cn< 0,025  % | 0,00025  % ≤ Cn< 0,0025  % |
| 0,00001 < L(E)C50 ≤ 0,0001 | Cn ≥ 0,0025  % | 0,00025  % ≤ Cn< 0,0025  % | 0,000025  % ≤ Cn< 0,00025  % |
| For preparations containing substances with a lower LC50 or EC50 value than 0,00001  mg/l, the corresponding concentrationlimits are calculated accordingly (in factor 10 intervals). |

LC50 or EC50 value (‘L(E)C50’) of substance classified as N, R50–53 (mg/l)

Classification of the preparation

N, R50-53

N, R51-53

R52-53

0,1 < L(E)C50 ≤ 1

Cn ≥ 25 %

2,5  % ≤ Cn< 25 %

0,25  % ≤ Cn< 2,5  %

0,01 < L(E)C50 ≤ 0,1

Cn ≥ 2,5  %

0,25  % ≤ Cn< 2,5  %

0,025  % ≤ Cn< 0,25  %

0,001 < L(E)C50 ≤ 0,01

Cn ≥ 0,25  %

0,025  % ≤ Cn< 0,25  %

0,0025  % ≤ Cn< 0,025  %

0,0001 < L(E)C50 ≤ 0,001

Cn ≥ 0,025  %

0,0025  % ≤ Cn< 0,025  %

0,00025  % ≤ Cn< 0,0025  %

0,00001 < L(E)C50 ≤ 0,0001

Cn ≥ 0,0025  %

0,00025  % ≤ Cn< 0,0025  %

0,000025  % ≤ Cn< 0,00025  %

For preparations containing substances with a lower LC50 or EC50 value than 0,00001  mg/l, the corresponding concentrationlimits are calculated accordingly (in factor 10 intervals).

Table 2

Acute aquatic toxicity

| LC50 or EC50 value (‘L(E)C50’) of substance classified either as N, R50 or as N, R50-53 (mg/l) | Classification of the preparation N, R50 |
| --- | --- |
| 0,1 < L(E)C50 ≤ 1 | Cn ≥ 25 % |
| 0,01 < L(E)C50 ≤ 0,1 | Cn ≥ 2,5  % |
| 0,001 < L(E)C50 ≤ 0,01 | Cn ≥ 0,25  % |
| 0,0001 < L(E)C50 ≤ 0,001 | Cn ≥ 0,025  % |
| 0,00001 < L(E)C50 ≤ 0,0001 | Cn ≥ 0,0025  % |
| For preparations containing substances with a lower LC50 or EC50 value than 0,00001  mg/l, the corresponding concentration limits are calculated accordingly (in factor 10 intervals). |

LC50 or EC50 value (‘L(E)C50’) of substance classified either as N, R50 or as N, R50-53 (mg/l)

Classification of the preparation N, R50

0,1 < L(E)C50 ≤ 1

Cn ≥ 25 %

0,01 < L(E)C50 ≤ 0,1

Cn ≥ 2,5  %

0,001 < L(E)C50 ≤ 0,01

Cn ≥ 0,25  %

0,0001 < L(E)C50 ≤ 0,001

Cn ≥ 0,025  %

0,00001 < L(E)C50 ≤ 0,0001

Cn ≥ 0,0025  %

For preparations containing substances with a lower LC50 or EC50 value than 0,00001  mg/l, the corresponding concentration limits are calculated accordingly (in factor 10 intervals).

Table 3

Aquatic toxicity

| Classification of the substance | Classification of the preparation R52 |
| --- | --- |
| R52 | Cn ≥ 25 % |

Classification of the substance

Classification of the preparation R52

R52

Cn ≥ 25 %

Table 4

Long-term adverse effects

| Classification of the substance | Classification of the preparation R53 |
| --- | --- |
| R53 | Cn ≥ 25 % |
| N, R50-53 | Cn ≥ 25 % |
| N, R51-53 | Cn ≥ 25 % |
| R52-53 | Cn ≥ 25 % |

Classification of the substance

Classification of the preparation R53

R53

Cn ≥ 25 %

N, R50-53

Cn ≥ 25 %

N, R51-53

Cn ≥ 25 %

R52-53

Cn ≥ 25 %

II.   For the non-aquatic environment

The concentration limits fixed in the following tables, expressed as weight/weight percentage or, for gaseous preparations as a volume/volume percentage, determine the classification of the preparation in relation to the individual concentration of the substance(s) present whose classification is also shown.

Table 5

Dangerous for the ozone layer

| Classification of the substance | Classification of the preparation N, R59 |
| --- | --- |
| N with R59 | Cn ≥ 0,1  % |

Classification of the substance

Classification of the preparation N, R59

N with R59

Cn ≥ 0,1  %

PART C

Test methods for the evaluation of the hazards for the aquatic environment

Normally, the classification of a preparation is made on the basis of the conventional method. However, for the determination of the acute aquatic toxicity, there may be cases for which it is appropriate to carry out tests on the preparation.

The result of these tests on the preparation may only modify the classification concerning acute aquatic toxicity which would have been obtained by the application of the conventional method.

If such tests are chosen by the person responsible for the placing on the market, it must be ensured that the quality criteria of the test methods in Part C of the Annex to Regulation (EC) No 440/2008 have been complied with.

Furthermore, the tests are to be carried out on all three species in conformity with the criteria of Annex VI to Directive 67/548/EEC (algae, daphnia and fish), unless the highest hazard classification relating to acute aquatic toxicity has been assigned to the preparation after testing on one of the species or a test result was already available before this Directive entered into force.

ANNEX IV

SPECIAL PROVISIONS FOR CONTAINERS CONTAINING PREPARATIONS OFFERED OR SOLD TO THE GENERAL PUBLIC

PART A

Containers to be fitted with child-resistant fastenings

| 1. | Containers of whatever capacity, containing preparations offered or sold to the general public and labelled as very toxic, toxic or corrosive in accordance with Article 10 and under the conditions laid down in Article 6, are to be fitted with child-resistant fastenings. |
| --- | --- |

1.

Containers of whatever capacity, containing preparations offered or sold to the general public and labelled as very toxic, toxic or corrosive in accordance with Article 10 and under the conditions laid down in Article 6, are to be fitted with child-resistant fastenings.

| 2. | Containers of whatever capacity containing preparations presenting an aspiration hazard (Xn, R65) and classified and labelled in accordance with point 3.2.3 of Annex VI to Directive 67/548/EEC with the exception of preparations placed on the market in the form of aerosols or in a container fitted with a sealed spray attachment. |
| --- | --- |

2.

Containers of whatever capacity containing preparations presenting an aspiration hazard (Xn, R65) and classified and labelled in accordance with point 3.2.3 of Annex VI to Directive 67/548/EEC with the exception of preparations placed on the market in the form of aerosols or in a container fitted with a sealed spray attachment.

| 3. | Containers of whatever capacity, having at least one of the substances mentioned below present in a concentration equal to or greater then the maximum individual concentration specified,









  No | Identification of the substance | Concentration limit |
| --- | --- | --- | --- |
| CAS-Reg No | Name | Einecs No |
| 1 | 67-56-1 | Methanol | 2 006 596 | ≥ 3 % |
| 2 | 75-09-2 | Dichloromethane | 2 008 389 | ≥ 1 % |

3.

Containers of whatever capacity, having at least one of the substances mentioned below present in a concentration equal to or greater then the maximum individual concentration specified,

No

Identification of the substance

Concentration limit

CAS-Reg No

Name

Einecs No

1

67-56-1

Methanol

2 006 596

≥ 3 %

2

75-09-2

Dichloromethane

2 008 389

≥ 1 %

which are offered or sold to the general public are to be fitted with child-resistant fastenings.

PART B

Containers to be fitted with a tactile warning of danger

Containers of whatever capacity, containing preparations offered or sold to the general public and labelled as very toxic, toxic, corrosive, harmful, extremely flammable or highly flammable in accordance with Article 10 and under the conditions laid down in Articles 5 and 6,are to carry a tactile warning of danger.

This provision does not apply to aerosols classified and labelled only as extremely flammable or highly flammable.

ANNEX V

SPECIAL PROVISIONS CONCERNING THE LABELLING OF CERTAIN PREPARATIONS

A.   For preparations classified as dangerous within the meaning of Articles 5, 6 and 7

1.   Preparations sold to the general public

| 1.1. | The label on the packaging containing such preparations, in addition to the specific safety advice, must bear the relevant safety advice S1, S2, S45 or S46 in accordance with the criteria laid down in Annex VI to Directive 67/548/EEC. |
| --- | --- |

1.1.

The label on the packaging containing such preparations, in addition to the specific safety advice, must bear the relevant safety advice S1, S2, S45 or S46 in accordance with the criteria laid down in Annex VI to Directive 67/548/EEC.

| 1.2. | When such preparations are classified as very toxic (T+), toxic (T) or corrosive (C) and where it is physically impossible to give such information on the package itself, packages containing such preparations must be accompanied by precise and easily understandable instructions for use including, where appropriate, instructions for the destruction of the empty package. |
| --- | --- |

1.2.

When such preparations are classified as very toxic (T+), toxic (T) or corrosive (C) and where it is physically impossible to give such information on the package itself, packages containing such preparations must be accompanied by precise and easily understandable instructions for use including, where appropriate, instructions for the destruction of the empty package.

2.   Preparations intended for use by spraying

The label on the packaging containing such preparations must compulsorily bear the safety advice S23 accompanied by safety advice S38 or S51 assigned to it in accordance with the criteria laid down in Annex VI to Directive 67/548/EEC.

3.   Preparations containing a substance assigned phrase R33: Danger of cumulative effects

When a preparation contains at least one substance assigned the phrase R33, the label on the packaging of the preparation must carry the wording of this phrase as set out in Annex III to Directive 67/548/EEC, when the concentration of this substance present in the preparation is equal to or higher than 1 %, unless different values are set in Part 3 of Annex VI to Regulation (EC) No 1272/2008 .

4.   Preparations containing a substance assigned phrase R64: May cause harm to breastfed babies

When a preparation contains at least one substance assigned phrase R64, the label on the packaging of the preparation must carry the wording of this phrase as set out in Annex III to Directive 67/548/EEC, when the concentration of this substance present in the preparation is equal to or higher than 1 %, unless different values are set in Part 3 of Annex VI to Regulation (EC) No 1272/2008 .

B.   For preparations irrespective of their classification within the meaning of Articles 5, 6 and 7

1.   Preparations containing lead

| 1.1. | Paint and varnishes
  The label on the packaging of paints and varnishes containing lead in quantities exceeding 0,15 % (expressed as weight of metal) of the total weight of the preparation, as determined in accordance with ISO standard 6503/1984, must show the following particulars:
  ‘Contains lead. Should not be used on surfaces liable to be chewed or sucked by children’.
  In the case of packages the contents of which are less than 125 millilitres, the particulars may be as follows:
  ‘Warning! Contains lead’. |
| --- | --- |

1.1.

Paint and varnishes

The label on the packaging of paints and varnishes containing lead in quantities exceeding 0,15 % (expressed as weight of metal) of the total weight of the preparation, as determined in accordance with ISO standard 6503/1984, must show the following particulars:

‘Contains lead. Should not be used on surfaces liable to be chewed or sucked by children’.

In the case of packages the contents of which are less than 125 millilitres, the particulars may be as follows:

‘Warning! Contains lead’.

2.   Preparations containing cyanoacrylates

| 2.1. | Adhesives
  The label on the immediate packaging of adhesives based on cyanoacrylate must bear the following inscriptions:
  ‘Cyanoacrylate.
  Danger.
  Bonds skin and eyes in seconds.
  Keep out of the reach of children’.
  Appropriate advice on safety must accompany the package. |
| --- | --- |

2.1.

Adhesives

The label on the immediate packaging of adhesives based on cyanoacrylate must bear the following inscriptions:

‘Cyanoacrylate.

Danger.

Bonds skin and eyes in seconds.

Keep out of the reach of children’.

Appropriate advice on safety must accompany the package.

3.   Preparations containing isocyanates

The label on the packaging of preparations containing isocyanates (as monomers, oligomers, prepolymers, etc., or as mixtures thereof) must bear the following inscriptions:

‘Contains isocyanates.

See information supplied by the manufacturer’.

4.   Preparations containing epoxy constituents with an average molecular weight ≤ 700

4.

Preparations containing epoxy constituents with an average molecular weight ≤ 700

The label on the packaging of preparations containing epoxy constituents with an average molecular weight ≤ 700 must bear the following inscriptions:

‘Contains epoxy constituents.

See information supplied by the manufacturer’.

5.   Preparations sold to the general public which contain active chlorine

5.

Preparations sold to the general public which contain active chlorine

The label on the packaging of preparations containing more than 1 % of active chlorine must bear the following particular inscriptions:

‘Warning! Do not use together with other products. May release dangerous gases (chlorine)’.

6.   Preparations containing cadmium (alloys) and intended to be used for brazing or soldering

6.

Preparations containing cadmium (alloys) and intended to be used for brazing or soldering

The label on the packaging of the above mentioned preparations must bear the following inscription printed in clearly legible and indelible characters:

‘Warning! Contains cadmium.

Dangerous fumes are formed during use.

See information supplied by the manufacturer.

Comply with the safety instructions’.

7.   Preparations available as aerosols

7.

Preparations available as aerosols

Without prejudice to the provisions of this Directive, preparations available as aerosols are also subject to the labelling provisions in accordance with points 2.2 and 2.3 of the Annex to Directive 75/324/EEC.

8.   Preparations containing substances not yet tested completely

8.

Preparations containing substances not yet tested completely

Where a preparation contains at least one substance which, in accordance with Directive 67/548/EEC, bears the inscription 2 ‘Caution — substance not yet fully tested’, the label on the packaging of the preparation must bear the inscription <BRK>‘Warning — this preparation contains a substance not yet tested completely’ if this substance is present in a concentration ≥ 1 %.

9.   Preparations not classified as sensitising but containing at least one sensitising substance

9.

Preparations not classified as sensitising but containing at least one sensitising substance

The label on the packaging of preparations containing at least one substance classified as sensitising and being present in a concentration equal to or greater than 0,1 % or in a concentration equal to or greater than that specified under a specific note for the substance in 3 Part 3 of Annex VI to Regulation (EC) No 1272/2008 must bear the inscription:

‘Contains (name of sensitising substance). May produce an allergic reaction’.

10.   Liquid preparations containing halogenated hydrocarbons

10.

Liquid preparations containing halogenated hydrocarbons

For liquid preparations which show no flashpoint or a flashpoint higher than 55 oC and contain a halogenated hydrocarbon and more than 5 % flammable or highly flammable substances, the label on the packaging must bear the following inscription as appropriate:

o

‘Can become highly flammable in use’ or ‘Can become flammable in use’.

11.   Preparations containing a substance assigned phrase R67: vapours may cause drowsiness and dizziness

11.

Preparations containing a substance assigned phrase R67: vapours may cause drowsiness and dizziness

When a preparation contains one or more substances assigned the phrase R67, the label on the packaging of the preparation must carry the wording of this phrase as set out in Annex III to Directive 67/548/EEC, when the total concentration of these substances present in the preparation is equal to or higher than 15 %, unless:

| — | the preparation is already classified with phrases R20, R23, R26, R68/20, R39/23 or R39/26, |
| --- | --- |

—

the preparation is already classified with phrases R20, R23, R26, R68/20, R39/23 or R39/26,

| — | or the preparation is in a package not exceeding 125 ml. |
| --- | --- |

—

or the preparation is in a package not exceeding 125 ml.

12.   Cements and cement preparations

12.

Cements and cement preparations

The label on the packaging of cements and cement preparations containing more than 0,0002 % soluble chromium (VI) of the total dry weight of the cement must bear the inscription:

‘Contains chromium (VI). May produce an allergic reaction’

unless the preparation is already classified and labelled as a sensitiser with phrase R43.

C.   For preparations not classified within the meaning of Articles 5, 6 and 7 but containing at least one dangerous substance

C.

For preparations not classified within the meaning of Articles 5, 6 and 7 but containing at least one dangerous substance

1.   Preparations not intended for the general public

1.

Preparations not intended for the general public

The label on the packaging of preparations referred to in Article 31(3)(a) and (c) of Regulation (EC) No 1907/2006 must bear the following inscription:

‘Safety data sheet available for professional user on request’.

ANNEX VI

CONFIDENTIALITY FOR THE CHEMICAL IDENTITY OF A SUBSTANCE

PART A

Information to be communicated in the request for confidentiality

Introductory notes

| A. | Article 14 indicates the conditions in which the person responsible for placing a preparation on the market may avail himself of the confidentiality. |
| --- | --- |

A.

Article 14 indicates the conditions in which the person responsible for placing a preparation on the market may avail himself of the confidentiality.

| B. | To avoid multiple requests for confidentiality relating to the same substance used in different preparations, a single request for confidentiality may suffice if a certain number of preparations have:






  — | the same dangerous constituents present in the same concentration range, |
| --- | --- | --- |

B.

To avoid multiple requests for confidentiality relating to the same substance used in different preparations, a single request for confidentiality may suffice if a certain number of preparations have:

—

the same dangerous constituents present in the same concentration range,

| — | the same classification and labelling, |
| --- | --- |

—

the same classification and labelling,

| — | the same expected uses. |
| --- | --- |

—

the same expected uses.

A single alternative denomination must be used to mask the chemical identity of the same substance in the preparations concerned. Furthermore, the request for confidentiality must contain all information indicated in the following request, without forgetting the name or the trade name of each preparation.

| C. | The alternative designation used on the label must be the same as that given under Heading 3 ‘Composition/information on ingredients’ of Annex II to Regulation (EC) No 1907/2006.
  This implies that the alternative designation used will contain enough information about the substance to ensure risk-free handling. |
| --- | --- |

C.

The alternative designation used on the label must be the same as that given under Heading 3 ‘Composition/information on ingredients’ of Annex II to Regulation (EC) No 1907/2006.

This implies that the alternative designation used will contain enough information about the substance to ensure risk-free handling.

| D. | In making the request to use an alternative designation the person responsible for placing on the market must take into account the need to provide enough information for necessary health and safety precautions to be taken in the workplace and to ensure that risks from handling the preparation can be minimised. |
| --- | --- |

D.

In making the request to use an alternative designation the person responsible for placing on the market must take into account the need to provide enough information for necessary health and safety precautions to be taken in the workplace and to ensure that risks from handling the preparation can be minimised.

Request for confidentiality

In accordance with Article 14 the request for confidentiality must obligatorily contain the following information:

| 1. | Name and full address (including telephone number) of the person established in the Union who is responsible for placing the preparation on the market (manufacturer, importer or distributor). |
| --- | --- |

1.

Name and full address (including telephone number) of the person established in the Union who is responsible for placing the preparation on the market (manufacturer, importer or distributor).

| 2. | Precise identification of the substance(s) for which confidentiality is proposed and the alternative designation.








  CAS No | Einecs No | Chemical name according to international nomenclature and classification
  (Part 3 of Annex VI to Regulation (EC) No 1272/2008 or provisional classification) | Alternative designation |
| --- | --- | --- | --- | --- |
| (a) | | | |
| (b) | | | |
| (c) | | | |
| NB: | Where substances are classified provisionally, accompanying information (bibliographical references) should be provided as evidence that the provisional classification takes account of all existing pertinent information available on the properties of the substance. |

2.

Precise identification of the substance(s) for which confidentiality is proposed and the alternative designation.

CAS No

Einecs No

Chemical name according to international nomenclature and classification

(Part 3 of Annex VI to Regulation (EC) No 1272/2008 or provisional classification)

Alternative designation

(a)

(b)

(c)

NB:

Where substances are classified provisionally, accompanying information (bibliographical references) should be provided as evidence that the provisional classification takes account of all existing pertinent information available on the properties of the substance.

| 3. | Justification for confidentiality (probability — plausibility). |
| --- | --- |

3.

Justification for confidentiality (probability — plausibility).

| 4. | Designation(s) or commercial name(s) of the preparation(s). |
| --- | --- |

4.

Designation(s) or commercial name(s) of the preparation(s).

| 5. | Is the designation or commercial name the same for all the Union?






  YES | NO |
| --- | --- | --- |

5.

Is the designation or commercial name the same for all the Union?

YES

NO

If no, specify the designation(s) or commercial name(s) used in the different Member States:

| | Belgium:
  Bulgaria:
  Czech Republic:
  Denmark:
  Germany:
  Estonia:
  Ireland:
  Greece:
  Spain:
  France:
  Italy: |
| --- | --- |

Belgium:

Bulgaria:

Czech Republic:

Denmark:

Germany:

Estonia:

Ireland:

Greece:

Spain:

France:

Italy:

| | Cyprus:
  Latvia:
  Lithuania:
  Luxembourg:
  Hungary:
  Malta:
  Netherlands:
  Austria:
  Poland:
  Portugal:
  Romania:
  Slovenia:
  Slovakia:
  Finland: |
| --- | --- |

Cyprus:

Latvia:

Lithuania:

Luxembourg:

Hungary:

Malta:

Netherlands:

Austria:

Poland:

Portugal:

Romania:

Slovenia:

Slovakia:

Finland:

| | Sweden:
  United Kingdom: |
| --- | --- |

Sweden:

United Kingdom:

| 6. | Composition of the preparation(s) defined in Heading 3 of Annex II to Regulation (EC) No 1907/2006. |
| --- | --- |

6.

Composition of the preparation(s) defined in Heading 3 of Annex II to Regulation (EC) No 1907/2006.

| 7. | Classification of the preparation(s) in accordance with Article 6 of this Directive. |
| --- | --- |

7.

Classification of the preparation(s) in accordance with Article 6 of this Directive.

| 8. | Labelling of the preparation(s) in accordance with Article 10 of this Directive. |
| --- | --- |

8.

Labelling of the preparation(s) in accordance with Article 10 of this Directive.

| 9. | Intended uses for the preparation(s). |
| --- | --- |

9.

Intended uses for the preparation(s).

| 10. | Safety data sheet(s) conforming to Regulation (EC) No 1907/2006. |
| --- | --- |

10.

Safety data sheet(s) conforming to Regulation (EC) No 1907/2006.

PART B

Lexicon guide for establishing the alternative designations (generic names)

1.   Introductory note

The lexicon guide is based on the procedure for the classification of dangerous substances (division of substances into families) which appears in Part 3 of Annex VI to Regulation (EC) No 1272/2008 .

Alternative designations to those based on this guide may be used. However, in all cases the names chosen must provide enough information to ensure the preparation can be handled without risk and that necessary health and safety precautions can be taken in the workplace.

The families are defined in the following manner:

| — | inorganic or organic substances whose properties are identified by having a common chemical element as their chief characteristic. The family name is derived from the name of the chemical element. These families are identified as in 2 Part 3 of Annex VI to Regulation (EC) No 1272/2008 by the atomic number of the chemical element (001 to 103), |
| --- | --- |

—

inorganic or organic substances whose properties are identified by having a common chemical element as their chief characteristic. The family name is derived from the name of the chemical element. These families are identified as in 2 Part 3 of Annex VI to Regulation (EC) No 1272/2008 by the atomic number of the chemical element (001 to 103),

| — | organic substances whose properties are identified by having a common functional group as their chief characteristics. |
| --- | --- |

—

organic substances whose properties are identified by having a common functional group as their chief characteristics.

The family name is derived from the functional group name.

These families are identified by the conventional number found in 2 Part 3 of Annex VI to Regulation (EC) No 1272/2008 (601 — 650).

Sub-families bringing together substances with a common specific character have been added in certain cases.

2.   Establishing the generic name

General principles

For the purposes of establishing the generic name, the following general approach, involving two successive stages, is adopted:

| (i) | identification of the functional groups and chemical elements present in the molecule; |
| --- | --- |

(i)

identification of the functional groups and chemical elements present in the molecule;

| (ii) | determination of the extent to which account should be taken of the most important functional groups and chemical elements. |
| --- | --- |

(ii)

determination of the extent to which account should be taken of the most important functional groups and chemical elements.

The identified functional groups and elements taken into account are the names of the families and sub-families set out in point 3 in the form of a non-restrictive list.

3.   Division of substances into families and sub-families

| Family No
  Part 3 of Annex VI to Regulation (EC) No 1272/2008 | Families
  Sub-families |
| --- | --- |
| 001 | Hydrogen compounds |
| | Hydrides |
| 002 | Helium compounds |
| 003 | Lithium compounds |
| 004 | Beryllium compounds |
| 005 | Boron compounds |
| | Boranes
  Borates |
| 006 | Carbon compounds |
| | Carbamates
  Inorganic carbon compounds
  Salts of hydrogen cyanide
  Urea and derivatives |
| 007 | Nitrogen compounds |
| | Quaternary ammonium compounds
  Acid nitrogen compounds
  Nitrates
  Nitrites |
| 008 | Oxygen compounds |
| 009 | Fluorine compounds |
| | Inorganic fluorides |
| 010 | Neon compounds |
| 011 | Sodium compounds |
| 012 | Magnesium compounds |
| | Organometallic magnesium derivatives |
| 013 | Aluminium compounds |
| | Organometallic aluminium derivatives |
| 014 | Silicon compounds |
| | Silicones
  Silicates |
| 015 | Phosphorus compounds |
| | Acid phosphorus compounds
  Phosphonium compounds
  Phosphoric esters
  Phosphates
  Phosphites
  Phosphoramides and derivatives |
| 016 | Sulphur compounds |
| | Acid sulphur compounds
  Mercaptans
  Sulphates
  Sulphites |
| 017 | Chlorine compounds |
| | Chlorates
  Perchlorates |
| 018 | Argon compounds |
| 019 | Potassium compounds |
| 020 | Calcium compounds |
| 021 | Scandium compounds |
| 022 | Titanium compounds |
| 023 | Vanadium compounds |
| 024 | Chromium compounds |
| | Chromium VI compounds |
| 025 | Manganese compounds |
| 026 | Iron compounds |
| 027 | Cobalt compounds |
| 028 | Nickel compounds |
| 029 | Copper compounds |
| 030 | Zinc compounds |
| | Organometallic zinc derivatives |
| 031 | Gallium compounds |
| 032 | Germanium compounds |
| 033 | Arsenic compounds |
| 034 | Selenium compounds |
| 035 | Bromine compounds |
| 036 | Krypton compounds |
| 037 | Rubidium compounds |
| 038 | Strontium compounds |
| 039 | Yttrium compounds |
| 040 | Zirconium compounds |
| 041 | Niobium compounds |
| 042 | Molybdenum compounds |
| 043 | Technetium compounds |
| 044 | Ruthenium compounds |
| 045 | Rhodium compounds |
| 046 | Palladium compounds |
| 047 | Silver compounds |
| 048 | Cadmium compounds |
| 049 | Indium compounds |
| 050 | Tin compounds |
| | Organometallic tin derivatives |
| 051 | Antimony compounds |
| 052 | Tellurium compounds |
| 053 | Iodine compounds |
| 054 | Xenon compounds |
| 055 | Caesium compounds |
| 056 | Barium compounds |
| 057 | Lanthanum compounds |
| 058 | Cerium compounds |
| 059 | Praseodymium compounds |
| 060 | Neodymium compounds |
| 061 | Promethium compounds |
| 062 | Samarium compounds |
| 063 | Europium compounds |
| 064 | Gandolinium compounds |
| 065 | Terbium compounds |
| 066 | Dysprosium compounds |
| 067 | Holmium compounds |
| 068 | Erbium compounds |
| 069 | Thulium compounds |
| 070 | Ytterbium compounds |
| 071 | Lutetium compounds |
| 072 | Hafnium compounds |
| 073 | Tantalum compounds |
| 074 | Tungsten compounds |
| 075 | Rhenium compounds |
| 076 | Osmium compounds |
| 077 | Iridium compounds |
| 078 | Platinum compounds |
| 079 | Gold compounds |
| 080 | Mercury compounds |
| | Organometallic mercury derivatives |
| 081 | Thallium compounds |
| 082 | Lead compounds |
| | Organometallic lead derivatives |
| 083 | Bismuth compounds |
| 084 | Polonium compounds |
| 085 | Astate compounds |
| 086 | Radon compounds |
| 087 | Francium compounds |
| 088 | Radium compounds |
| 089 | Actinium compounds |
| 090 | Thorium compounds |
| 091 | Protactinium compounds |
| 092 | Uranium compounds |
| 093 | Neptunium compounds |
| 094 | Plutonium compounds |
| 095 | Americium compounds |
| 096 | Curium compounds |
| 097 | Berkelium compounds |
| 098 | Californium compounds |
| 099 | Einsteinium compounds |
| 100 | Fermium compounds |
| 101 | Mendelevium compounds |
| 102 | Nobelium compounds |
| 103 | Lawrencium compounds |
| 601 | Hydrocarbons |
| | Aliphatic hydrocarbons
  Aromatic hydrocarbons
  Alicyclic hydrocarbons
  Polycyclic aromatic hydrocarbons (PAH) |
| 602 | Halogenated hydrocarbons (*) |
| | Halogenated aliphatic hydrocarbons (*)
  Halogenated aromatic hydrocarbons (*)
  Halogenated alicyclic hydrocarbons (*) |
| (*) | Specify according to the family corresponding to halogen. |

Family No

Part 3 of Annex VI to Regulation (EC) No 1272/2008

Families

Sub-families

001

Hydrogen compounds

Hydrides

002

Helium compounds

003

Lithium compounds

004

Beryllium compounds

005

Boron compounds

Boranes

Borates

006

Carbon compounds

Carbamates

Inorganic carbon compounds

Salts of hydrogen cyanide

Urea and derivatives

007

Nitrogen compounds

Quaternary ammonium compounds

Acid nitrogen compounds

Nitrates

Nitrites

008

Oxygen compounds

009

Fluorine compounds

Inorganic fluorides

010

Neon compounds

011

Sodium compounds

012

Magnesium compounds

Organometallic magnesium derivatives

013

Aluminium compounds

Organometallic aluminium derivatives

014

Silicon compounds

Silicones

Silicates

015

Phosphorus compounds

Acid phosphorus compounds

Phosphonium compounds

Phosphoric esters

Phosphates

Phosphites

Phosphoramides and derivatives

016

Sulphur compounds

Acid sulphur compounds

Mercaptans

Sulphates

Sulphites

017

Chlorine compounds

Chlorates

Perchlorates

018

Argon compounds

019

Potassium compounds

020

Calcium compounds

021

Scandium compounds

022

Titanium compounds

023

Vanadium compounds

024

Chromium compounds

Chromium VI compounds

025

Manganese compounds

026

Iron compounds

027

Cobalt compounds

028

Nickel compounds

029

Copper compounds

030

Zinc compounds

Organometallic zinc derivatives

031

Gallium compounds

032

Germanium compounds

033

Arsenic compounds

034

Selenium compounds

035

Bromine compounds

036

Krypton compounds

037

Rubidium compounds

038

Strontium compounds

039

Yttrium compounds

040

Zirconium compounds

041

Niobium compounds

042

Molybdenum compounds

043

Technetium compounds

044

Ruthenium compounds

045

Rhodium compounds

046

Palladium compounds

047

Silver compounds

048

Cadmium compounds

049

Indium compounds

050

Tin compounds

Organometallic tin derivatives

051

Antimony compounds

052

Tellurium compounds

053

Iodine compounds

054

Xenon compounds

055

Caesium compounds

056

Barium compounds

057

Lanthanum compounds

058

Cerium compounds

059

Praseodymium compounds

060

Neodymium compounds

061

Promethium compounds

062

Samarium compounds

063

Europium compounds

064

Gandolinium compounds

065

Terbium compounds

066

Dysprosium compounds

067

Holmium compounds

068

Erbium compounds

069

Thulium compounds

070

Ytterbium compounds

071

Lutetium compounds

072

Hafnium compounds

073

Tantalum compounds

074

Tungsten compounds

075

Rhenium compounds

076

Osmium compounds

077

Iridium compounds

078

Platinum compounds

079

Gold compounds

080

Mercury compounds

Organometallic mercury derivatives

081

Thallium compounds

082

Lead compounds

Organometallic lead derivatives

083

Bismuth compounds

084

Polonium compounds

085

Astate compounds

086

Radon compounds

087

Francium compounds

088

Radium compounds

089

Actinium compounds

090

Thorium compounds

091

Protactinium compounds

092

Uranium compounds

093

Neptunium compounds

094

Plutonium compounds

095

Americium compounds

096

Curium compounds

097

Berkelium compounds

098

Californium compounds

099

Einsteinium compounds

100

Fermium compounds

101

Mendelevium compounds

102

Nobelium compounds

103

Lawrencium compounds

601

Hydrocarbons

Aliphatic hydrocarbons

Aromatic hydrocarbons

Alicyclic hydrocarbons

Polycyclic aromatic hydrocarbons (PAH)

602

Halogenated hydrocarbons (*)

Halogenated aliphatic hydrocarbons (*)

Halogenated aromatic hydrocarbons (*)

Halogenated alicyclic hydrocarbons (*)

(*)

Specify according to the family corresponding to halogen.

603

Alcohols and derivatives

Aliphatic alcohols

Aromatic alcohols

Alicyclic alcohols

Alcanolamines

Epoxy derivatives

Ethers

Glycolethers

Glycols and polyols

604

Phenols and derivatives

Halogenated phenol derivatives (*)

| (*) | Specify according to the family corresponding to halogen. |
| --- | --- |

(*)

Specify according to the family corresponding to halogen.

605

Aldehydes and derivatives

Aliphatic aldehydes

Aromatic aldehydes

Alicyclic aldehydes

Aliphatic acetals

Aromatic acetals

Alicyclic acetals

606

Ketones and derivatives

Aliphatic ketones

Aromatic ketones (*)

Alicyclic ketones

| (*) | Quinones included. |
| --- | --- |

(*)

Quinones included.

607

Organic acids and derivatives

Aliphatic acids

Halogenated aliphatic acids (*)

Aromatic acids

Halogenated aromatic acids (*)

Alicyclic acids

Halogenated alicyclic acids (*)

Aliphatic acid anhydrides

Halogenated aliphatic acid anhydrides (*)

Aromatic acid anhydrides

Halogenated aromatic acid anhydrides (*)

Alicyclic acid anhydrides

Halogenated alicyclic acid anhydrides (*)

Salts of aliphatic acid

Salts of halogenated aliphatic acid (*)

Salts of aromatic acid

Salts of halogenated aromatic acid (*)

Salts of alicyclic acid

Salts of halogenated alicyclic acid (*)

Esters of aliphatic acid

Esters of halogenated alicyclic acid (*)

Esters of aromatic acid

Esters of halogenated aromatic acid (*)

Esters of alicyclic acid

Esters of halogenated alicyclic acid (*)

Esters of glycol ether

Acrylates

Methacrylates

Lactones

Acyl halogenides

| (*) | Specify according to the family corresponding to halogen. |
| --- | --- |

(*)

Specify according to the family corresponding to halogen.

608

Nitriles and derivatives

609

Nitro compounds

610

Chlornitrated compounds

611

Azoxy and azo compounds

612

Amine compounds

Aliphatic amines and derivatives

Alicyclic amines and derivatives

Aromatic amines and derivatives

Aniline and derivatives

Benzidine and derivatives

613

Heterocyclic bases and derivatives

Benzimidazole and derivatives

Imidazol and derivatives

Pyrethrinoids

Quinoline and derivatives

Triazine and derivatives

Triazole and derivatives

614

Glycosides and alkaloids

Alkaloid and derivatives

Glycosides and derivatives

615

Cyanates and isocyanates

Cyanates

Isocyanates

616

Amides and derivatives

Acetamide and derivatives

Anilides

617

Organic peroxides

647

Enzymes

648

Complex coal derivatives

Acid extract

Alkaline extract

Anthracene oil

Anthracene oil extract residue

Anthracene oil fraction

Carbolic oil

Carbolic oil extract residue

Coal liquids, liquid solvent extraction

Coal liquids, liquid solvent extraction solvents

Coal oil

Coal tar

Coal tar extract

Coal tar solids residue

Coke (coal tar) low temperature, high temperature pitch

Coke (coal tar), high temperature pitch

Coke (coal tar), mixed coal high temperature pitch

Crude benzole

Crude phenols

Crude tar bases

Distillate bases

Distillate phenols

Distillates

Distillates (coal), liquid solvent extraction, primary

Distillates (coal), solvent extraction, hydrocracked

Distillates (coal), solvent extraction, hydrocracked hydrogenated middle

Distillates (coal), solvent extraction, hydrocracked middle

Extract residues (coal), low temperature coal tar alkaline

Fresh oil

Fuels, diesel, coal solvent extraction, hydrocracked, hydrogenated

Fuels, jet aircraft, coal solvent extraction, hydrocracked, hydrogenated

Gasoline, coal solvent extraction, hydrocracked naphtha

Heat treatment products

Heavy anthracene oil

Heavy anthracene oil redistillate

Light oil

Light oil extract residues, high boiling

Light oil extract residues, intermediate boiling

Light oil extract residues, low boiling

Light oil redistillate, high boiling

Light oil redistillate, intermediate boiling

Light oil redistillate, low boiling

Methylnaphthalene oil

Methylnaphthalene oil extract residue

Naphtha (coal), solvent extraction, hydrocracked

Naphthalene oil

Naphthalene oil extract residue

Naphthalene oil redistillate

Pitch

Pitch redistillate

Pitch residue

Pitch residue, heat treated

Pitch residue, oxidised

Pyrolysis products

Redistillates

Residues (coal), liquid solvent extractions

Tar brown coal

Tar brown coal, low temperature

Tar oil, high boiling

Tar oil, intermediate boiling

Wash oil

Wash oil extract residue

Wash oil redistillate

649

Complex oil derivatives

Crude oil

Petroleum gas

Low boiling point naphtha

Low boiling point modified naphtha

Low boiling point cat-cracked naphtha

Low boiling point cat-reformed naphtha

Low boiling point thermally cracked naphtha

Low boiling point hydrogen treated naphtha

Low boiling point naphtha — unspecified

Straight-run kerosine

Kerosine — unspecified

Cracked gas oil

Gas oil — unspecified

Heavy fuel oil

Grease

Unrefined or mildly refined base oil

Base oil — unspecified

Distillate aromatic extract

Distillate aromatic extract (treated)

Foots oil

Slack wax

Petrolatum

650

Various substances

Do not use this family. Instead, use the families or sub-families mentioned above.

4.   Practical application:

After having conducted a search to see if the substance belongs to one or more families or sub-families on the list, the generic name can be established in the following way:

| 4.1. | If the name of a family or sub-family is sufficient to characterise the chemical elements or important functional groups, this name will be chosen as the generic name.

  Examples:







  — | 1,4 dihydroxybenzen







  family 604 | : | phenols and derivatives |
| --- | --- | --- | --- | --- |
| generic name | : | phenol derivatives |

4.1.

If the name of a family or sub-family is sufficient to characterise the chemical elements or important functional groups, this name will be chosen as the generic name.

Examples:

—

1,4 dihydroxybenzen

family 604

:

phenols and derivatives

generic name

:

phenol derivatives

| — | butanol







  family 603 | : | alcohols and derivatives |
| --- | --- | --- | --- |
| sub-family | : | aliphatic alcohols |
| generic name | : | aliphatic alcohol |

—

butanol

family 603

:

alcohols and derivatives

sub-family

:

aliphatic alcohols

generic name

:

aliphatic alcohol

| — | 2-Isopropoxyethanol







  family 603 | : | alcohols and derivatives |
| --- | --- | --- | --- |
| sub-family | : | glycolethers |
| generic name | : | glycolether |

—

2-Isopropoxyethanol

family 603

:

alcohols and derivatives

sub-family

:

glycolethers

generic name

:

glycolether

| — | methacrylate







  family 607 | : | organic acids and derivatives |
| --- | --- | --- | --- |
| sub-family | : | acrylates |
| generic name | : | acrylate |

—

methacrylate

family 607

:

organic acids and derivatives

sub-family

:

acrylates

generic name

:

acrylate

| 4.2. | If the name of a family or sub-family is not sufficient to characterise the chemical elements of important functional groups, the generic name will be a combination of the corresponding different family or sub-family names:

  Examples:







  — | chlorobenzene







  family 602 | : | halogenated hydrocarbons |
| --- | --- | --- | --- | --- |
| sub-family | : | halogenated aromatic hydrocarbons |
| family 017 | : | chlorine compounds |
| generic name | : | chlorinated aromatic hydrocarbon |

4.2.

If the name of a family or sub-family is not sufficient to characterise the chemical elements of important functional groups, the generic name will be a combination of the corresponding different family or sub-family names:

Examples:

—

chlorobenzene

family 602

:

halogenated hydrocarbons

sub-family

:

halogenated aromatic hydrocarbons

family 017

:

chlorine compounds

generic name

:

chlorinated aromatic hydrocarbon

| — | 2,3,6-trichlorophenylacetic acid







  family 607 | : | organic acids |
| --- | --- | --- | --- |
| sub-family | : | halogenated aromatic acids |
| family 017 | : | chlorine compounds |
| generic name | : | chlorinated aromatic acid |

—

2,3,6-trichlorophenylacetic acid

family 607

:

organic acids

sub-family

:

halogenated aromatic acids

family 017

:

chlorine compounds

generic name

:

chlorinated aromatic acid

| — | 1-chloro-1-nitropropane







  family 610 | : | chloronitrated derivatives |
| --- | --- | --- | --- |
| family 601 | : | hydrocarbons |
| sub-family | : | aliphatic hydrocarbons |
| generic name | : | chlorinated aliphatic hydrocarbon |

—

1-chloro-1-nitropropane

family 610

:

chloronitrated derivatives

family 601

:

hydrocarbons

sub-family

:

aliphatic hydrocarbons

generic name

:

chlorinated aliphatic hydrocarbon

| — | tetrapropyl dithiopyrophosphate







  family 015 | : | phosphorus compounds |
| --- | --- | --- | --- |
| sub-family | : | phosphoric esters |
| family 016 | : | sulphur compounds |
| generic name | : | thiophosphoric ester |

—

tetrapropyl dithiopyrophosphate

family 015

:

phosphorus compounds

sub-family

:

phosphoric esters

family 016

:

sulphur compounds

generic name

:

thiophosphoric ester

| NB: | In the case of certain elements, notably metals, the name of the family or sub-family may be indicated by the words‘organic’ or ‘inorganic’. |
| --- | --- |

NB:

In the case of certain elements, notably metals, the name of the family or sub-family may be indicated by the words‘organic’ or ‘inorganic’.

Examples:

| — | dimercury chloride







  family 080 | : | mercury compounds |
| --- | --- | --- | --- |
| generic name | : | inorganic mercury compound |

—

dimercury chloride

family 080

:

mercury compounds

generic name

:

inorganic mercury compound

| — | barium acetate







  family 056 | : | barium compounds |
| --- | --- | --- | --- |
| generic name | : | organic barium compound |

—

barium acetate

family 056

:

barium compounds

generic name

:

organic barium compound

| — | ethyl nitrite







  family 007 | : | nitrogen compounds |
| --- | --- | --- | --- |
| sub-family | : | nitrites |
| generic name | : | organic nitrite |

—

ethyl nitrite

family 007

:

nitrogen compounds

sub-family

:

nitrites

generic name

:

organic nitrite

| — | sodium hydrosulphite







  family 016 | : | sulphur compounds |
| --- | --- | --- | --- |
| generic name | : | inorganic sulphur compound |

—

sodium hydrosulphite

family 016

:

sulphur compounds

generic name

:

inorganic sulphur compound

(The examples cited are substances taken from 3 Part 3 of Annex VI to Regulation (EC) No 1272/2008 in respect of which requests for confidentiality may be submitted).

ANNEX VII

PREPARATIONS COVERED BY ARTICLE 12(2)

Preparations as specified by point 9.3 of Annex VI to Directive 67/548/EEC.

ANNEX VIII

Part A

Repealed Directive with list of its successive amendments

(referred to in Article 22)

| Directive 1999/45/EC of the European Parliament and of the Council
  (OJ L 200, 30.7.1999, p. 1) | |
| --- | --- |
| Commission Directive 2001/60/EC
  (OJ L 226, 22.8.2001, p. 5) | |
| Regulation (EC) No 1882/2003 of the European Parliament and of the Council
  (OJ L 284, 31.10.2003, p. 1) | Only point 90 of Annex III |
| Council Directive 2004/66/EC
  (OJ L 168, 1.5.2004, p. 35) | Only as regards the reference to Directive 1999/45/EC in Article 1 and point I.B of the Annex |
| Commission Directive 2006/8/EC
  (OJ L 19, 24.1.2006, p. 12) | |
| Council Directive 2006/96/EC
  (OJ L 363, 20.12.2006, p. 81) | Only as regards the reference to Directive 1999/45/EC in Article 1 and section G of the Annex |
| Regulation (EC) No 1907/2006 of the European Parliament and of the Council
  (OJ L 396, 30.12.2006, p. 1) | Only Article 140 |
| Regulation (EC) No 1137/2008 of the European Parliament and of the Council
  (OJ L 311, 21.11.2008, p. 1) | Only point 3.5 of the Annex |
| Regulation (EC) No 1272/2008 of the European Parliament and of the Council
  (OJ L 353, 31.12.2008, p. 1) | Only Article 56 |

Directive 1999/45/EC of the European Parliament and of the Council

(OJ L 200, 30.7.1999, p. 1)

Commission Directive 2001/60/EC

(OJ L 226, 22.8.2001, p. 5)

Regulation (EC) No 1882/2003 of the European Parliament and of the Council

(OJ L 284, 31.10.2003, p. 1)

Only point 90 of Annex III

Council Directive 2004/66/EC

(OJ L 168, 1.5.2004, p. 35)

Only as regards the reference to Directive 1999/45/EC in Article 1 and point I.B of the Annex

Commission Directive 2006/8/EC

(OJ L 19, 24.1.2006, p. 12)

Council Directive 2006/96/EC

(OJ L 363, 20.12.2006, p. 81)

Only as regards the reference to Directive 1999/45/EC in Article 1 and section G of the Annex

Regulation (EC) No 1907/2006 of the European Parliament and of the Council

(OJ L 396, 30.12.2006, p. 1)

Only Article 140

Regulation (EC) No 1137/2008 of the European Parliament and of the Council

(OJ L 311, 21.11.2008, p. 1)

Only point 3.5 of the Annex

Regulation (EC) No 1272/2008 of the European Parliament and of the Council

(OJ L 353, 31.12.2008, p. 1)

Only Article 56

Part B

List of time-limits for transposition into national law

(referred to in Article 22)

| Directive | Time-limit for transposition |
| --- | --- |
| 1999/45/EC | 30 July 2002 |
| 2001/60/EC | 30 July 2002 |
| 2004/66/EC | 1 May 2004 |
| 2006/8/EC | 1 March 2007 |
| 2006/96/EC | 1 January 2007 |

Directive

Time-limit for transposition

1999/45/EC

30 July 2002

2001/60/EC

30 July 2002

2004/66/EC

1 May 2004

2006/8/EC

1 March 2007

2006/96/EC

1 January 2007

ANNEX IX

CORRELATION TABLE

| Directive 1999/45/EC | This Directive |
| --- | --- |
| Article 1(1), introductory wording | Article 1(1) |
| Article 1(1), first indent | Article 1(1) |
| Article 1(1), second indent | Article 1(1) |
| Article 1(1), last wording | Article 1(1) |
| Article 1(2), introductory wording | Article 1(2), introductory wording |
| Article 1(2), first indent | Article 1(2)(a) |
| Article 1(2), second indent | Article 1(2)(b) |
| Article 1(3), introductory wording | Article 1(3) |
| Article 1(3), first indent | Article 1(3) |
| Article 1(3), second indent | Article 1(3) |
| Article 1(3), third indent | — |
| Article 1(3), last wording | Article 1(3) |
| Article 1(4) | Article 1(4) |
| Article 1(5) | Article 1(5) |
| Article 1(6), introductory wording | Article 1(6), introductory wording |
| Article 1(6), first indent | Article 1(6)(a) |
| Article 1(6), second indent | Article 1(6)(b) |
| Article 2(1), introductory wording | Article 2(1), introductory wording |
| Article 2(1)(a), (b) and (c) | Article 2(1)(a), (b) and (c) |
| Article 2(1)(d) | — |
| Article 2(1)(e) | Article 2(1)(d) |
| Article 2(1)(f) | Article 2(1)(e) |
| Article 2(1)(g) | Article 2(1)(f) |
| Article 2(1)(h) | Article 2(1)(g) |
| Article 2(2), introductory wording | Article 2(2), introductory wording |
| Article 2(2)(a), (b) and (c) | Article 2(2)(a), (b) and (c) |
| Article 2(2)(d), introductory wording | Article 2(2)(d), introductory wording |
| Article 2(2)(d), first indent | Article 2(2)(d)(i) |
| Article 2(2)(d), second indent | Article 2(2)(d)(ii) |
| Article 2(2)(d), third indent | Article 2(2)(d)(iii) |
| Article 2(2)(d), fourth indent | Article 2(2)(d)(iv) |
| Article 2(2)(e) to (o) | Article 2(2)(e) to (o) |
| Article 3(1), first subparagraph, introductory wording | Article 3(1), first subparagraph, introductory wording |
| Article 3(1), first subparagraph, first indent | Article 3(1), first subparagraph, point (a) |
| Article 3(1), first subparagraph, second indent | Article 3(1), first subparagraph, point (b) |
| Article 3(1), first subparagraph, third indent | Article 3(1), first subparagraph, point (c) |
| Article 3(1), second and third subparagraphs | Article 3(1), second and third subparagraphs |
| Article 3(2), introductory wording | Article 3(2), introductory wording |
| Article 3(2), first indent | Article 3(2)(a) |
| Article 3(2), second indent | — |
| Article 3(2), third indent | Article 3(2)(b) |
| Article 3(2), fourth indent | — |
| Article 3(2), fifth indent | — |
| Article 3(2), sixth indent | — |
| Article 3(2), last wording | Article 3(2), introductory wording |
| Article 3(3) | Article 3(3) |
| Article 4 | Article 4 |
| Article 5(1) | Article 5(1) |
| Article 5(2), first introductory wording | Article 5(2), introductory wording |
| Article 5(2), second introductory wording | Article 5(2), introductory wording |
| Article 5(2), first indent | Article 5(2)(a) |
| Article 5(2), second indent | Article 5(2)(b) |
| Article 5(2), third indent | Article 5(2)(c) |
| Article 5(3), (4) and (5) | Article 5(3), (4) and (5) |
| Article 6(1) and (2) | Article 6(1) and (2) |
| Article 6(3), introductory wording | Article 6(3), introductory wording |
| Article 6(3), first indent, first part | Article 6(3), introductory wording |
| Article 6(3), first indent, second part | Article 6(3), first indent |
| Article 6(3), second indent | Article 6(3), second indent |
| Article 6(3), third indent | Article 6(3), third indent |
| Article 6(4) | Article 6(4) |
| Article 7 | Article 7 |
| Article 8(1) and (2) | Article 8(1) and (2) |
| Article 8(3), introductory wording | Article 8(3), introductory wording |
| Article 8(3), first indent | Article 8(3)(a) |
| Article 8(3), second indent | Article 8(3)(b) |
| Article 8(3), third indent | Article 8(3)(c) |
| Article 8(4) | Article 8(4) |
| Article 9, point 1, introductory wording | Article 9(1), first subparagraph, introductory wording |
| Article 9, point 1.1, introductory wording | Article 9(1), first subparagraph, point (a), introductory wording |
| Article 9, point 1.1, first indent | Article 9(1), first subparagraph, point (a)(i) |
| Article 9, point 1.1, second indent | Article 9(1), first subparagraph, point (a)(ii) |
| Article 9, point 1.1, third indent | Article 9(1), first subparagraph, point (a)(iii) |
| Article 9, point 1.1, fourth indent | Article 9(1), first subparagraph, point (a)(iv) |
| Article 9, point 1.2, introductory wording | Article 9(1), first subparagraph, point (b), introductory wording |
| Article 9, point 1.2, first indent | Article 9(1), first subparagraph, point (b)(i) |
| Article 9, point 1.2, second indent | Article 9(1), first subparagraph, point (b)(ii) |
| Article 9, point 1.3, first subparagraph, introductory wording | Article 9(1), first subparagraph, point (c), introductory wording |
| Article 9, point 1.3, first subparagraph, first indent | Article 9(1), first subparagraph, point (c)(i) |
| Article 9, point 1.3, first subparagraph, second indent | Article 9(1), first subparagraph, point (c)(ii) |
| Article 9, point 1.3, second subparagraph | Article 9(1), second subparagraph |
| Article 9(2) | Article 9(2) |
| Article 10, point 1.1, introductory wording | Article 10(1), introductory wording |
| Article 10, point 1.1(a) | Article 10(1)(a) |
| Article 10, point 1.1(b) | Article 10(1)(b) |
| Article 10, point 1.2 | Article 10(2) |
| Article 10, point 2, introductory wording | Article 10(3), introductory wording |
| Article 10, point 2.1 | Article 10(3)(a) |
| Article 10, point 2.2 | Article 10(3)(b) |
| Article 10, point 2.3, introductory wording | Article 10(3)(c), introductory wording |
| Article 10, point 2.3.1 | Article 10(3)(c)(i) |
| Article 10, point 2.3.2 | Article 10(3)(c)(ii) |
| Article 10, point 2.3.3, first subparagraph, introductory wording | Article 10(3)(c)(iii), first subparagraph, introductory wording |
| Article 10, point 2.3.3, first subparagraph, first indent | Article 10(3)(c)(iii), first subparagraph, first indent |
| Article 10, point 2.3.3, first subparagraph, second indent | Article 10(3)(c)(iii), first subparagraph, second indent |
| Article 10, point 2.3.3, first subparagraph, third indent | Article 10(3)(c)(iii), first subparagraph, third indent |
| Article 10, point 2.3.3, first subparagraph, fourth indent | Article 10(3)(c)(iii), first subparagraph, fourth indent |
| Article 10, point 2.3.3, first subparagraph, fifth indent | Article 10(3)(c)(iii), first subparagraph, fifth indent |
| Article 10, point 2.3.3, first subparagraph, sixth indent | Article 10(3)(c)(iii), first subparagraph, sixth indent |
| Article 10, point 2.3.3, first subparagraph, last wording | Article 10(3)(c)(iii), first subparagraph, introductory wording |
| Article 10, point 2.3.3, second subparagraph | Article 10(3)(c)(iii), second subparagraph |
| Article 10, point 2.3.4, introductory wording | Article 10(3)(c)(iv), introductory wording |
| Article 10, point 2.3.4, first indent | Article 10(3)(c)(iv), first indent |
| Article 10, point 2.3.4, second indent | Article 10(3)(c)(iv), second indent |
| Article 10, point 2.3.4, third indent | Article 10(3)(c)(iv), third indent |
| Article 10, point 2.3.4, fourth indent | Article 10(3)(c)(iv), fourth indent |
| Article 10, point 2.3.4, fifth indent | Article 10(3)(c)(iv), fifth indent |
| Article 10, point 2.3.4, sixth indent | Article 10(3)(c)(iv), sixth indent |
| Article 10, point 2.3.4, seventh indent | Article 10(3)(c)(iv), seventh indent |
| Article 10, point 2.3.4, last wording | Article 10(3)(c)(iv), introductory wording |
| Article 10, point 2.3.5 | Article 10(3)(c)(v) |
| Article 10, point 2.4, first subparagraph | Article 10(3)(d), first subparagraph |
| Article 10, point 2.4, second subparagraph, introductory wording | Article 10(3)(d), second subparagraph, introductory wording |
| Article 10, point 2.4, second subparagraph, first indent | Article 10(3)(d), second subparagraph, point (i) |
| Article 10, point 2.4, second subparagraph, second indent | Article 10(3)(d), second subparagraph, point (ii) |
| Article 10, point 2.4, second subparagraph, third indent | Article 10(3)(d), second subparagraph, point (iii) |
| Article 10, point 2.4, second subparagraph, fourth indent | Article 10(3)(d), second subparagraph, point (iv) |
| Article 10, point 2.4, third subparagraph | Article 10(3)(d), third subparagraph |
| Article 10, point 2.5 | Article 10(3)(e) |
| Article 10, point 2.6 | Article 10(3)(f) |
| Article 10, point 2.7 | Article 10(3)(g) |
| Article 10, point 3 | Article 10(4) |
| Article 10, point 4, introductory wording | Article 10(5), introductory wording |
| Article 10, point 4, first indent | Article 10(5)(a) |
| Article 10, point 4, second indent | Article 10(5)(b) |
| Article 10, point 5 | Article 10(6) |
| Article 11(1) to (5) | Article 11(1) to (5) |
| Article 11(6), introductory wording | Article 11(6), introductory wording |
| Article 11(6)(a) | Article 11(6)(a) |
| Article 11(6)(b), first subparagraph, introductory wording | Article 11(6)(b), first subparagraph, introductory wording |
| Article 11(6)(b), first subparagraph, first indent | Article 11(6)(b), first subparagraph, point (i) |
| Article 11(6)(b), first subparagraph, second indent | Article 11(6)(b), first subparagraph, point (ii) |
| Article 11(6)(b), second subparagraph | Article 11(6)(b), second subparagraph |
| Articles 12 and 13 | Articles 12 and 13 |
| Article 15 | Article 14, first to fifth paragraphs |
| — | Article 14, sixth paragraph |
| Article 16 | Article 15 |
| Article 17 | Article 16 |
| Article 18 | Article 17 |
| Article 19 | Article 18 |
| Article 20 | Article 19 |
| Article 20a(1) and (2) | Article 21 |
| Article 20a(3) | — |
| — | Article 20 |
| — | Article 22 |
| Article 21 | — |
| Article 22 | — |
| Article 23 | Article 23 |
| Article 24 | Article 24 |
| Annex I–VII | Annex I–VII |
| Annex VIII | — |
| Annex IX | — |
| — | Annex VIII |
| — | Annex IX |

Directive 1999/45/EC

This Directive

Article 1(1), introductory wording

Article 1(1)

Article 1(1), first indent

Article 1(1)

Article 1(1), second indent

Article 1(1)

Article 1(1), last wording

Article 1(1)

Article 1(2), introductory wording

Article 1(2), introductory wording

Article 1(2), first indent

Article 1(2)(a)

Article 1(2), second indent

Article 1(2)(b)

Article 1(3), introductory wording

Article 1(3)

Article 1(3), first indent

Article 1(3)

Article 1(3), second indent

Article 1(3)

Article 1(3), third indent

—

Article 1(3), last wording

Article 1(3)

Article 1(4)

Article 1(4)

Article 1(5)

Article 1(5)

Article 1(6), introductory wording

Article 1(6), introductory wording

Article 1(6), first indent

Article 1(6)(a)

Article 1(6), second indent

Article 1(6)(b)

Article 2(1), introductory wording

Article 2(1), introductory wording

Article 2(1)(a), (b) and (c)

Article 2(1)(a), (b) and (c)

Article 2(1)(d)

—

Article 2(1)(e)

Article 2(1)(d)

Article 2(1)(f)

Article 2(1)(e)

Article 2(1)(g)

Article 2(1)(f)

Article 2(1)(h)

Article 2(1)(g)

Article 2(2), introductory wording

Article 2(2), introductory wording

Article 2(2)(a), (b) and (c)

Article 2(2)(a), (b) and (c)

Article 2(2)(d), introductory wording

Article 2(2)(d), introductory wording

Article 2(2)(d), first indent

Article 2(2)(d)(i)

Article 2(2)(d), second indent

Article 2(2)(d)(ii)

Article 2(2)(d), third indent

Article 2(2)(d)(iii)

Article 2(2)(d), fourth indent

Article 2(2)(d)(iv)

Article 2(2)(e) to (o)

Article 2(2)(e) to (o)

Article 3(1), first subparagraph, introductory wording

Article 3(1), first subparagraph, introductory wording

Article 3(1), first subparagraph, first indent

Article 3(1), first subparagraph, point (a)

Article 3(1), first subparagraph, second indent

Article 3(1), first subparagraph, point (b)

Article 3(1), first subparagraph, third indent

Article 3(1), first subparagraph, point (c)

Article 3(1), second and third subparagraphs

Article 3(1), second and third subparagraphs

Article 3(2), introductory wording

Article 3(2), introductory wording

Article 3(2), first indent

Article 3(2)(a)

Article 3(2), second indent

—

Article 3(2), third indent

Article 3(2)(b)

Article 3(2), fourth indent

—

Article 3(2), fifth indent

—

Article 3(2), sixth indent

—

Article 3(2), last wording

Article 3(2), introductory wording

Article 3(3)

Article 3(3)

Article 4

Article 4

Article 5(1)

Article 5(1)

Article 5(2), first introductory wording

Article 5(2), introductory wording

Article 5(2), second introductory wording

Article 5(2), introductory wording

Article 5(2), first indent

Article 5(2)(a)

Article 5(2), second indent

Article 5(2)(b)

Article 5(2), third indent

Article 5(2)(c)

Article 5(3), (4) and (5)

Article 5(3), (4) and (5)

Article 6(1) and (2)

Article 6(1) and (2)

Article 6(3), introductory wording

Article 6(3), introductory wording

Article 6(3), first indent, first part

Article 6(3), introductory wording

Article 6(3), first indent, second part

Article 6(3), first indent

Article 6(3), second indent

Article 6(3), second indent

Article 6(3), third indent

Article 6(3), third indent

Article 6(4)

Article 6(4)

Article 7

Article 7

Article 8(1) and (2)

Article 8(1) and (2)

Article 8(3), introductory wording

Article 8(3), introductory wording

Article 8(3), first indent

Article 8(3)(a)

Article 8(3), second indent

Article 8(3)(b)

Article 8(3), third indent

Article 8(3)(c)

Article 8(4)

Article 8(4)

Article 9, point 1, introductory wording

Article 9(1), first subparagraph, introductory wording

Article 9, point 1.1, introductory wording

Article 9(1), first subparagraph, point (a), introductory wording

Article 9, point 1.1, first indent

Article 9(1), first subparagraph, point (a)(i)

Article 9, point 1.1, second indent

Article 9(1), first subparagraph, point (a)(ii)

Article 9, point 1.1, third indent

Article 9(1), first subparagraph, point (a)(iii)

Article 9, point 1.1, fourth indent

Article 9(1), first subparagraph, point (a)(iv)

Article 9, point 1.2, introductory wording

Article 9(1), first subparagraph, point (b), introductory wording

Article 9, point 1.2, first indent

Article 9(1), first subparagraph, point (b)(i)

Article 9, point 1.2, second indent

Article 9(1), first subparagraph, point (b)(ii)

Article 9, point 1.3, first subparagraph, introductory wording

Article 9(1), first subparagraph, point (c), introductory wording

Article 9, point 1.3, first subparagraph, first indent

Article 9(1), first subparagraph, point (c)(i)

Article 9, point 1.3, first subparagraph, second indent

Article 9(1), first subparagraph, point (c)(ii)

Article 9, point 1.3, second subparagraph

Article 9(1), second subparagraph

Article 9(2)

Article 9(2)

Article 10, point 1.1, introductory wording

Article 10(1), introductory wording

Article 10, point 1.1(a)

Article 10(1)(a)

Article 10, point 1.1(b)

Article 10(1)(b)

Article 10, point 1.2

Article 10(2)

Article 10, point 2, introductory wording

Article 10(3), introductory wording

Article 10, point 2.1

Article 10(3)(a)

Article 10, point 2.2

Article 10(3)(b)

Article 10, point 2.3, introductory wording

Article 10(3)(c), introductory wording

Article 10, point 2.3.1

Article 10(3)(c)(i)

Article 10, point 2.3.2

Article 10(3)(c)(ii)

Article 10, point 2.3.3, first subparagraph, introductory wording

Article 10(3)(c)(iii), first subparagraph, introductory wording

Article 10, point 2.3.3, first subparagraph, first indent

Article 10(3)(c)(iii), first subparagraph, first indent

Article 10, point 2.3.3, first subparagraph, second indent

Article 10(3)(c)(iii), first subparagraph, second indent

Article 10, point 2.3.3, first subparagraph, third indent

Article 10(3)(c)(iii), first subparagraph, third indent

Article 10, point 2.3.3, first subparagraph, fourth indent

Article 10(3)(c)(iii), first subparagraph, fourth indent

Article 10, point 2.3.3, first subparagraph, fifth indent

Article 10(3)(c)(iii), first subparagraph, fifth indent

Article 10, point 2.3.3, first subparagraph, sixth indent

Article 10(3)(c)(iii), first subparagraph, sixth indent

Article 10, point 2.3.3, first subparagraph, last wording

Article 10(3)(c)(iii), first subparagraph, introductory wording

Article 10, point 2.3.3, second subparagraph

Article 10(3)(c)(iii), second subparagraph

Article 10, point 2.3.4, introductory wording

Article 10(3)(c)(iv), introductory wording

Article 10, point 2.3.4, first indent

Article 10(3)(c)(iv), first indent

Article 10, point 2.3.4, second indent

Article 10(3)(c)(iv), second indent

Article 10, point 2.3.4, third indent

Article 10(3)(c)(iv), third indent

Article 10, point 2.3.4, fourth indent

Article 10(3)(c)(iv), fourth indent

Article 10, point 2.3.4, fifth indent

Article 10(3)(c)(iv), fifth indent

Article 10, point 2.3.4, sixth indent

Article 10(3)(c)(iv), sixth indent

Article 10, point 2.3.4, seventh indent

Article 10(3)(c)(iv), seventh indent

Article 10, point 2.3.4, last wording

Article 10(3)(c)(iv), introductory wording

Article 10, point 2.3.5

Article 10(3)(c)(v)

Article 10, point 2.4, first subparagraph

Article 10(3)(d), first subparagraph

Article 10, point 2.4, second subparagraph, introductory wording

Article 10(3)(d), second subparagraph, introductory wording

Article 10, point 2.4, second subparagraph, first indent

Article 10(3)(d), second subparagraph, point (i)

Article 10, point 2.4, second subparagraph, second indent

Article 10(3)(d), second subparagraph, point (ii)

Article 10, point 2.4, second subparagraph, third indent

Article 10(3)(d), second subparagraph, point (iii)

Article 10, point 2.4, second subparagraph, fourth indent

Article 10(3)(d), second subparagraph, point (iv)

Article 10, point 2.4, third subparagraph

Article 10(3)(d), third subparagraph

Article 10, point 2.5

Article 10(3)(e)

Article 10, point 2.6

Article 10(3)(f)

Article 10, point 2.7

Article 10(3)(g)

Article 10, point 3

Article 10(4)

Article 10, point 4, introductory wording

Article 10(5), introductory wording

Article 10, point 4, first indent

Article 10(5)(a)

Article 10, point 4, second indent

Article 10(5)(b)

Article 10, point 5

Article 10(6)

Article 11(1) to (5)

Article 11(1) to (5)

Article 11(6), introductory wording

Article 11(6), introductory wording

Article 11(6)(a)

Article 11(6)(a)

Article 11(6)(b), first subparagraph, introductory wording

Article 11(6)(b), first subparagraph, introductory wording

Article 11(6)(b), first subparagraph, first indent

Article 11(6)(b), first subparagraph, point (i)

Article 11(6)(b), first subparagraph, second indent

Article 11(6)(b), first subparagraph, point (ii)

Article 11(6)(b), second subparagraph

Article 11(6)(b), second subparagraph

Articles 12 and 13

Articles 12 and 13

Article 15

Article 14, first to fifth paragraphs

—

Article 14, sixth paragraph

Article 16

Article 15

Article 17

Article 16

Article 18

Article 17

Article 19

Article 18

Article 20

Article 19

Article 20a(1) and (2)

Article 21

Article 20a(3)

—

—

Article 20

—

Article 22

Article 21

—

Article 22

—

Article 23

Article 23

Article 24

Article 24

Annex I–VII

Annex I–VII

Annex VIII

—

Annex IX

—

—

Annex VIII

—

Annex IX

---

| 30.12.2015 | EN | Official Journal of the European Union | C 440/186 |
| --- | --- | --- | --- |

30.12.2015

EN

Official Journal of the European Union

C 440/186

---

P7_TA(2013)0009

Sustainable exploitation of fishery resources in the Mediterranean Sea ***I

European Parliament legislative resolution of 16 January 2013 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1967/2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea (COM(2011)0479 — C7-0216/2011 — 2011/0218(COD))

(Ordinary legislative procedure: first reading)

(2015/C 440/24)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2011)0479), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2011)0479),

| — | having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0216/2011), |
| --- | --- |

—

having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0216/2011),

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

—

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

| — | having regard to the opinion of the European Economic and Social Committee of 7 December 2011 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 7 December 2011 (1),

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

—

having regard to Rule 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on Fisheries (A7-0180/2012), |
| --- | --- |

—

having regard to the report of the Committee on Fisheries (A7-0180/2012),

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

1.

Adopts its position at first reading hereinafter set out;

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

2.

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

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

3.

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

---

(1)  OJ C 43, 15.2.2012, p. 56.

---

P7_TC1-COD(2011)0218

Position of the European Parliament adopted at first reading on 16 January 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council amending Council Regulation (EC) No 1967/2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) thereof,

Having regard to the proposal from the European Commission,

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

Having regard to the opinion of the European Economic and Social Committee (1),

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

| (-1) | In order to reflect the changes brought about by the entry into force of the Lisbon Treaty, it is necessary to carry out a general alignment of Council Regulation (EC) No 1967/2006

   (3)
  . [Am. 2] |
| --- | --- |

(-1)

In order to reflect the changes brought about by the entry into force of the Lisbon Treaty, it is necessary to carry out a general alignment of Council Regulation (EC) No 1967/2006

   (3)
  . [Am. 2]

| (1) | Regulation (EC) No 1967/2006 confers powers upon the Commission in order to implement some of its provisions. |
| --- | --- |

(1)

Regulation (EC) No 1967/2006 confers powers upon the Commission in order to implement some of its provisions.

| (2) | The powers conferred under Regulation (EC) No 1967/2006 upon the Commission need to be aligned to Article 290 of the Treaty on the Functioning of the European Union (TFEU). |
| --- | --- |

(2)

The powers conferred under Regulation (EC) No 1967/2006 upon the Commission need to be aligned to Article 290 of the Treaty on the Functioning of the European Union (TFEU).

| (3) | In order to apply some of the provisions

  supplement or amend certain non-essential elements
  of Regulation (EC) No 1967/2006, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of the following: [Am. 3]







  — | the granting of derogations where they are specifically provided for in that Regulation; |
| --- | --- | --- |

(3)

In order to apply some of the provisions

  supplement or amend certain non-essential elements
  of Regulation (EC) No 1967/2006, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of the following: [Am. 3]

—

the granting of derogations where they are specifically provided for in that Regulation;

| — | the designation of a fishing protected area in a Member State's territorial waters or the laying down of fisheries management measures in respect of the waters concerned if the Member State's fisheries management measures are not sufficient to ensure a high level of protection of resources and of the environment; [Am. 4] |
| --- | --- |

—

the designation of a fishing protected area in a Member State's territorial waters or the laying down of fisheries management measures in respect of the waters concerned if the Member State's fisheries management measures are not sufficient to ensure a high level of protection of resources and of the environment; [Am. 4]

| — | the decision to confirm, cancel or amend a designation of a fishing protected area that is liable to affect the vessels of another Member State; [Am. 5] |
| --- | --- |

—

the decision to confirm, cancel or amend a designation of a fishing protected area that is liable to affect the vessels of another Member State; [Am. 5]

| — | the amendment of the derogation which authorises the use of trawl nets; [Am. 6] |
| --- | --- |

—

the amendment of the derogation which authorises the use of trawl nets; [Am. 6]

| — | the amendment of a Member State's management plan if that management plan is not sufficient to ensure a high level of protection of resources and of the environment; [Am. 7] |
| --- | --- |

—

the amendment of a Member State's management plan if that management plan is not sufficient to ensure a high level of protection of resources and of the environment; [Am. 7]

| — | the decision to confirm, cancel or amend a Member State’s management plan that is liable to affect the vessels of another Member State; [Am. 8] |
| --- | --- |

—

the decision to confirm, cancel or amend a Member State’s management plan that is liable to affect the vessels of another Member State; [Am. 8]

| — | the distribution of the surplus of available fishing capacity between the Member States in the 25-mile management zone around Malta, and [Am. 9] |
| --- | --- |

—

the distribution of the surplus of available fishing capacity between the Member States in the 25-mile management zone around Malta, and [Am. 9]

| — | the setting of criteria to be applied for the establishment and allocation of fish aggregating devices (FAD) course lines for dolphin fish fishery in the 25-mile management zone around Malta. |
| --- | --- |

—

the setting of criteria to be applied for the establishment and allocation of fish aggregating devices (FAD) course lines for dolphin fish fishery in the 25-mile management zone around Malta.

| — | the adoption of detailed rules for further technical specifications of square mesh panels to be inserted into towed nets;
  [Am. 10] |
| --- | --- |

—

the adoption of detailed rules for further technical specifications of square mesh panels to be inserted into towed nets;
  [Am. 10]

| — | the adoption of technical specifications limiting the maximum dimension of float line, ground rope, circumference or perimeter of trawl nets along with the maximum number of nets in multi-rig trawl nets, and
  [Am. 11] |
| --- | --- |

—

the adoption of technical specifications limiting the maximum dimension of float line, ground rope, circumference or perimeter of trawl nets along with the maximum number of nets in multi-rig trawl nets, and
  [Am. 11]

| — | the amendments to the Annexes to Regulation (EC) No 1967/2006.
  [Am. 12] |
| --- | --- |

—

the amendments to the Annexes to Regulation (EC) No 1967/2006.
  [Am. 12]

It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.

| (5) | The reference to seagrass beds of Posidonia oceanica should be clarified. |
| --- | --- |

(5)

The reference to seagrass beds of Posidonia oceanica should be clarified.

| (6) | Further technical and scientific information is needed to duly take into account the specificities of the Mediterranean fisheries to enable the Commission to establish possible technical specifications limiting the maximum dimension of trawl nets and the maximum number of nets in multi-rig trawl nets, as mentioned above;
  [Am. 13] |
| --- | --- |

(6)

Further technical and scientific information is needed to duly take into account the specificities of the Mediterranean fisheries to enable the Commission to establish possible technical specifications limiting the maximum dimension of trawl nets and the maximum number of nets in multi-rig trawl nets, as mentioned above;
  [Am. 13]

| (6a) | The conservation of fishery resources in the Mediterranean Sea is of particular importance and should therefore be mentioned in the title of Regulation (EC) No 1967/2006. [Am. 14] |
| --- | --- |

(6a)

The conservation of fishery resources in the Mediterranean Sea is of particular importance and should therefore be mentioned in the title of Regulation (EC) No 1967/2006. [Am. 14]

| (7) | Regulation (EC) No 1967/2006 should therefore be amended accordingly, |
| --- | --- |

(7)

Regulation (EC) No 1967/2006 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1967/2006 is amended as follows:

| (-1) | The title is replaced by the following:




  ‘Council Regulation (EC) No 1967/2006 concerning management measures for the conservation and sustainable exploitation of fishery resources in the Mediterranean Sea’



  [Am. 1] |
| --- | --- |

(-1)

The title is replaced by the following:

‘Council Regulation (EC) No 1967/2006 concerning management measures for the conservation and sustainable exploitation of fishery resources in the Mediterranean Sea’

| (1) | In Article 4(5), the introductory phrase is replaced by the following:
  ‘5.   By way of derogation from subparagraph 1 of paragraph 1, the Commission shall be empowered to adopt delegated acts accordance with Article 30a, authorising fishing by vessels of less than or equal to 12 metres overall length and engine power of less than or equal to 85 kW with bottom towed nets traditionally undertaken above seagrass beds of the type Posidonia oceanica, provided that:’ |
| --- | --- |

(1)

In Article 4(5), the introductory phrase is replaced by the following:

‘5.   By way of derogation from subparagraph 1 of paragraph 1, the Commission shall be empowered to adopt delegated acts accordance with Article 30a, authorising fishing by vessels of less than or equal to 12 metres overall length and engine power of less than or equal to 85 kW with bottom towed nets traditionally undertaken above seagrass beds of the type Posidonia oceanica, provided that:’

| (1a) | In Article 6, paragraph 2 is replaced by the following:




  ‘2.
     
  After the period laid down in paragraph 1 and until 30 November 2009, the Council may designate additional fishing protected areas, or change their delimitation and management rules established therein, on the basis of new relevant scientific information.



  From 1 December 2009, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, on a proposal from the Commission, shall designate additional fishing protected areas, or change their delimitation and management rules established therein, on the basis of new relevant scientific information.’



  [Am. 15] |
| --- | --- |

(1a)

In Article 6, paragraph 2 is replaced by the following:

‘2.
     
  After the period laid down in paragraph 1 and until 30 November 2009, the Council may designate additional fishing protected areas, or change their delimitation and management rules established therein, on the basis of new relevant scientific information.

From 1 December 2009, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, on a proposal from the Commission, shall designate additional fishing protected areas, or change their delimitation and management rules established therein, on the basis of new relevant scientific information.’

[Am. 15]

| (1b) | Article 7 is amended as follows:










  (a) | paragraph 4 is replaced by the following:




  ‘4.
     
  If the Commission considers that the fisheries management measures notified pursuant to paragraph 3 are not sufficient to ensure a high level of protection of resources and the environment, it may, after consulting the Member State concerned, request it to amend the measure within three months from the date of notification of the request.




  If the Commission considers that the Member State's fisheries management measures have not been changed, or have been amended inappropriately, and are still not sufficient to ensure a high level of protection of resources and of the environment, it shall be empowered to adopt delegated acts, in accordance with Article 30a, designating a fishing protected area or laying down fisheries management measures in respect of the waters concerned.’ |
| --- | --- | --- |

(1b)

Article 7 is amended as follows:

(a)

paragraph 4 is replaced by the following:

‘4.
     
  If the Commission considers that the fisheries management measures notified pursuant to paragraph 3 are not sufficient to ensure a high level of protection of resources and the environment, it may, after consulting the Member State concerned, request it to amend the measure within three months from the date of notification of the request.

If the Commission considers that the Member State's fisheries management measures have not been changed, or have been amended inappropriately, and are still not sufficient to ensure a high level of protection of resources and of the environment, it shall be empowered to adopt delegated acts, in accordance with Article 30a, designating a fishing protected area or laying down fisheries management measures in respect of the waters concerned.’

| (b) | paragraph 5 is replaced by the following:




  ‘5.
     
  Where a Member State proposes to designate a fishing protected area within its territorial waters that is liable to affect the vessels of another Member State, it shall notify the Commission, that other Member State and the Regional Advisory Council concerned, before adopting that designation.




  The Member States and the Regional Advisory Council concerned may submit their written comments to the Commission on the proposed designation within 30 working days from the date of notification of the proposed designation.




  After considering any such comments submitted, the Commission shall be empowered to adopt delegated acts, in accordance with Article 30a, that confirm, cancel or amend the designation within 60 working days from that date of notification of the proposed designation.’



  [Am. 16] |
| --- | --- |

(b)

paragraph 5 is replaced by the following:

‘5.
     
  Where a Member State proposes to designate a fishing protected area within its territorial waters that is liable to affect the vessels of another Member State, it shall notify the Commission, that other Member State and the Regional Advisory Council concerned, before adopting that designation.

The Member States and the Regional Advisory Council concerned may submit their written comments to the Commission on the proposed designation within 30 working days from the date of notification of the proposed designation.

After considering any such comments submitted, the Commission shall be empowered to adopt delegated acts, in accordance with Article 30a, that confirm, cancel or amend the designation within 60 working days from that date of notification of the proposed designation.’

[Am. 16]

| (2) | Article 13 is amended as follows:






  (a) | paragraph 5 is replaced by the following:
  ‘5.   Member States may request a derogation from paragraphs 1, 2 and 3. The Commission shall be empowered to adopt delegated acts in accordance with Article 30a, allowing such derogations on condition that they are justified by specific geographical features of the sea areas concerned, such as the limited size of continental shelf along the entire coastline of a Member State or the limited extent of trawlable fishing grounds, where the fisheries have no significant impact on the marine environment and affect a determined group of vessels of the Member State or, as the case may be, of other Member States, and provided that those fisheries cannot be undertaken with another gear and are subject to a management plan as referred to in Articles 18 or 19. Member States shall provide up-to-date scientific and technical justifications for such derogations.’ |
| --- | --- | --- |

(2)

Article 13 is amended as follows:

(a)

paragraph 5 is replaced by the following:

‘5.   Member States may request a derogation from paragraphs 1, 2 and 3. The Commission shall be empowered to adopt delegated acts in accordance with Article 30a, allowing such derogations on condition that they are justified by specific geographical features of the sea areas concerned, such as the limited size of continental shelf along the entire coastline of a Member State or the limited extent of trawlable fishing grounds, where the fisheries have no significant impact on the marine environment and affect a determined group of vessels of the Member State or, as the case may be, of other Member States, and provided that those fisheries cannot be undertaken with another gear and are subject to a management plan as referred to in Articles 18 or 19. Member States shall provide up-to-date scientific and technical justifications for such derogations.’

| (b) | paragraph 10 is replaced by the following:
  ‘10.   The Commission shall be empowered to adopt delegated acts in accordance with Article 30a allowing derogations from paragraphs 1 and 2, for fisheries benefiting from a derogation under Article 4(5).’ |
| --- | --- |

(b)

paragraph 10 is replaced by the following:

‘10.   The Commission shall be empowered to adopt delegated acts in accordance with Article 30a allowing derogations from paragraphs 1 and 2, for fisheries benefiting from a derogation under Article 4(5).’

| (ba) | in paragraph 11, subparagraph 4 is replaced by the following:




  ‘If the Commission, on the basis of the notifications provided by Member States in accordance with subparagraphs 2 and 3, or of new scientific advice, considers that the conditions for a derogation are not met, it may, after having consulted the Member State concerned, request it to amend the derogation within three months from the date of the notification of the request. If the Commission considers that the Member State has not amended that derogation, or has amended it inappropriately, the Commission shall be empowered to adopt delegated acts, in accordance with Article 30a, amending that derogation in order to ensure the protection of resources and of the environment.’


  [Am. 17] |
| --- | --- |

(ba)

in paragraph 11, subparagraph 4 is replaced by the following:

‘If the Commission, on the basis of the notifications provided by Member States in accordance with subparagraphs 2 and 3, or of new scientific advice, considers that the conditions for a derogation are not met, it may, after having consulted the Member State concerned, request it to amend the derogation within three months from the date of the notification of the request. If the Commission considers that the Member State has not amended that derogation, or has amended it inappropriately, the Commission shall be empowered to adopt delegated acts, in accordance with Article 30a, amending that derogation in order to ensure the protection of resources and of the environment.’

| (2a) | In Article 14, paragraph 3 is deleted. [Am. 18] |
| --- | --- |

(2a)

In Article 14, paragraph 3 is deleted. [Am. 18]

| (2b) | In the first subparagraph of Article 18(1), the introductory part is replaced by the following:




  ‘1.
     
  The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, on a proposal from the Commission, shall adopt management plans for specific Mediterranean fisheries, in particular, in areas totally or partially beyond the territorial waters of Member States. These plans may, in particular, include:’



  [Am. 19] |
| --- | --- |

(2b)

In the first subparagraph of Article 18(1), the introductory part is replaced by the following:

‘1.
     
  The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, on a proposal from the Commission, shall adopt management plans for specific Mediterranean fisheries, in particular, in areas totally or partially beyond the territorial waters of Member States. These plans may, in particular, include:’

[Am. 19]

| (2c) | Article 19 is amended as follows:










  (a) | paragraph 8 is replaced by the following:




  ‘8.
     
  If the Commission, on the basis of the notification referred to in paragraph 7 or of new scientific advice, considers that a management plan adopted under either paragraph 1 or paragraph 2 is not sufficient to ensure a high level of protection of resources and the environment, it may, after consulting the Member State concerned, request it to amend the plan within three months from the date of notification of the request.




  If the Commission considers that the Member State's management plan has not been changed, or has been amended inappropriately, and that it is still not sufficient to ensure a high level of protection of resources and of the environment, it shall be empowered to adopt delegated acts, in accordance with Article 30a, amending the management plan in order to ensure the protection of the resources and of the environment.’ |
| --- | --- | --- |

(2c)

Article 19 is amended as follows:

(a)

paragraph 8 is replaced by the following:

‘8.
     
  If the Commission, on the basis of the notification referred to in paragraph 7 or of new scientific advice, considers that a management plan adopted under either paragraph 1 or paragraph 2 is not sufficient to ensure a high level of protection of resources and the environment, it may, after consulting the Member State concerned, request it to amend the plan within three months from the date of notification of the request.

If the Commission considers that the Member State's management plan has not been changed, or has been amended inappropriately, and that it is still not sufficient to ensure a high level of protection of resources and of the environment, it shall be empowered to adopt delegated acts, in accordance with Article 30a, amending the management plan in order to ensure the protection of the resources and of the environment.’

| (b) | paragraph 9 is replaced by the following:




  ‘9.
     
  Where a Member State proposes to adopt a management plan that is liable to affect the vessels of another Member State, it shall notify the Commission, that other Member State and the Regional Advisory Council concerned, before adopting that management plan.




  The Member States and the Regional Advisory Council concerned may submit their written comments to the Commission on the proposed management plan within 30 working days from the date of notification of the proposed adoption.




  After considering any such comments submitted, the Commission shall be empowered to adopt delegated acts, in accordance with Article 30a, that confirm, cancel or amend the plan within 60 working days from that date of notification of the proposed management plan.’



  [Am. 20] |
| --- | --- |

(b)

paragraph 9 is replaced by the following:

‘9.
     
  Where a Member State proposes to adopt a management plan that is liable to affect the vessels of another Member State, it shall notify the Commission, that other Member State and the Regional Advisory Council concerned, before adopting that management plan.

The Member States and the Regional Advisory Council concerned may submit their written comments to the Commission on the proposed management plan within 30 working days from the date of notification of the proposed adoption.

After considering any such comments submitted, the Commission shall be empowered to adopt delegated acts, in accordance with Article 30a, that confirm, cancel or amend the plan within 60 working days from that date of notification of the proposed management plan.’

[Am. 20]

| (3) | In Article 26(3), the first subparagraph is replaced by the following:
  ‘3.   If the overall fishing capacity referred to in paragraph 2(a) exceeds the overall fishing capacity of trawlers with an overall length equal to, or less than, 24 metres and operating in the management zone in the reference period 2000-2001 (“the reference fishing capacity”), the Commission shall adopt delegated acts in accordance with Article 30a, distributing that surplus of available fishing capacity between the Member States taking into account the interest of the Member States requesting an authorisation.’ |
| --- | --- |

(3)

In Article 26(3), the first subparagraph is replaced by the following:

‘3.   If the overall fishing capacity referred to in paragraph 2(a) exceeds the overall fishing capacity of trawlers with an overall length equal to, or less than, 24 metres and operating in the management zone in the reference period 2000-2001 (“the reference fishing capacity”), the Commission shall adopt delegated acts in accordance with Article 30a, distributing that surplus of available fishing capacity between the Member States taking into account the interest of the Member States requesting an authorisation.’

| (4) | In Article 27(3) the second subparagraph is replaced by the following:
  ‘The Commission shall adopt delegated acts in accordance with Article 30a, establishing the criteria to be applied for the establishment and allocation of FAD course lines.’ |
| --- | --- |

(4)

In Article 27(3) the second subparagraph is replaced by the following:

‘The Commission shall adopt delegated acts in accordance with Article 30a, establishing the criteria to be applied for the establishment and allocation of FAD course lines.’

| (4a) | Article 28 is deleted. [Am. 21] |
| --- | --- |

(4a)

Article 28 is deleted. [Am. 21]

| (4b) | Article 29 is deleted. [Am. 22] |
| --- | --- |

(4b)

Article 29 is deleted. [Am. 22]

| (5) | Article 30 is replaced by the following:

  deleted.



  ‘The Annexes shall be amended by means of delegated acts adopted in accordance with Article 30a.’

  [Am. 23] |
| --- | --- |

(5)

Article 30 is replaced by the following:

  deleted.

‘The Annexes shall be amended by means of delegated acts adopted in accordance with Article 30a.’

| (6) | The following Article is inserted:
  ‘Article 30a
  Exercise of the delegation
  1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
  2.   The delegation of powers

  power to adopt delegated acts
  referred to in Articles 4(5),
  7(4) and (5)
  , 13(5) and (10),
  the fourth subparagraph of Article 13(11), Article 19(8) and (9),
  the first subparagraph of Article 26(3),
  and
  the second subparagraph of Article 27(3), Article 30, Annex I(B)(3) and Annex II(7) shall be conferred
  on the Commission
  for
  a

  an indeterminate period of time

  three years
  from the date of the entry into force of this Regulation ... (*).
  The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the three-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. [Am. 24]

  3.   The delegation of powers referred to in Articles 4(5),
  7(4) and (5),
  13(5) and (10),
  the fourth subparagraph of Article 13(11), Article 19(8) and (9),
  the first subparagraph of 26(3)
  and
  the second subparagraph of 27(3), Article 30, Annex I(B)(3) and Annex II(7) may be revoked at any time by the European Parliament or by the Council. A decision
  to revoke
  shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
  4.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
  5.   A delegated act adopted pursuant to Articles 4(5),
  7(4) and (5),
  13(5) and (10),
  the fourth subparagraph of Article 13(11), Article 19(8) and (9),
  the first subparagraph of Article 26(3)
  and
  the second subparagraph of Article 27(3), Article 30, Annex I(B)(3) and Annex II(7) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or of the Council.’ |
| --- | --- |

(6)

The following Article is inserted:

‘Article 30a

Exercise of the delegation

1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.   The delegation of powers

  power to adopt delegated acts
  referred to in Articles 4(5),
  7(4) and (5)
  , 13(5) and (10),
  the fourth subparagraph of Article 13(11), Article 19(8) and (9),
  the first subparagraph of Article 26(3),
  and
  the second subparagraph of Article 27(3), Article 30, Annex I(B)(3) and Annex II(7) shall be conferred
  on the Commission
  for
  a

  an indeterminate period of time

  three years
  from the date of the entry into force of this Regulation ... (*).
  The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the three-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. [Am. 24]

3.   The delegation of powers referred to in Articles 4(5),
  7(4) and (5),
  13(5) and (10),
  the fourth subparagraph of Article 13(11), Article 19(8) and (9),
  the first subparagraph of 26(3)
  and
  the second subparagraph of 27(3), Article 30, Annex I(B)(3) and Annex II(7) may be revoked at any time by the European Parliament or by the Council. A decision
  to revoke
  shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

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

5.   A delegated act adopted pursuant to Articles 4(5),
  7(4) and (5),
  13(5) and (10),
  the fourth subparagraph of Article 13(11), Article 19(8) and (9),
  the first subparagraph of Article 26(3)
  and
  the second subparagraph of Article 27(3), Article 30, Annex I(B)(3) and Annex II(7) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or of the Council.’

| (7) | In Annex I, section (B) is amended as follows:






  (a) | point 3 is replaced by the following:






  ‘3. | Square mesh panels may be inserted into any towed net and shall be placed in front of any extension piece or at any point between the front of any extension piece and the posterior of the cod-end. It shall not be obstructed in any way by either internal or external attachments. It shall be constructed of knotless netting or of netting constructed with non-slip knots, and shall be inserted in such a way that the meshes remain fully open at all times while fishing. Detailed rules for further technical specifications of square mesh panels shall be established by means of delegated acts adopted in accordance with Article 30a .’ |
| --- | --- | --- | --- |

(7)

In Annex I, section (B) is amended as follows:

(a)

point 3 is replaced by the following:

‘3.

Square mesh panels may be inserted into any towed net and shall be placed in front of any extension piece or at any point between the front of any extension piece and the posterior of the cod-end. It shall not be obstructed in any way by either internal or external attachments. It shall be constructed of knotless netting or of netting constructed with non-slip knots, and shall be inserted in such a way that the meshes remain fully open at all times while fishing. Detailed rules for further technical specifications of square mesh panels shall be established by means of delegated acts adopted in accordance with Article 30a .’

| (b) | point 4 is deleted; [Am. 26] |
| --- | --- |

(b)

point 4 is deleted; [Am. 26]

| (c) | point 5 is replaced by the following:










  ‘5. | The carrying on board or the use of any towed net the cod-end of which is constructed wholly or in part of any type of netting material made of meshes other than square mesh or diamond mesh shall be prohibited.’ |
| --- | --- | --- |

(c)

point 5 is replaced by the following:

‘5.

| (8) | In Annex II, point 7 is replaced by the following:

  deleted.









  ‘7. | Technical specifications limiting the maximum dimension of floatline, groundrope, circumference or perimeter of trawl nets along with the maximum number of nets in multi-rig trawl nets may be established by the Commission by means of delegated acts adopted in accordance with Article 30a.’ |
| --- | --- | --- |

(8)

In Annex II, point 7 is replaced by the following:

  deleted.

‘7.

Article 2

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

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

Done at ...,

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 43, 15.2.2012, p. 56.

1

(2)  Position of the European Parliament of 16 January 2013.

2

(3)  

  OJ L 409, 30.12.2006, p. 11.

3

OJ L 409, 30.12.2006, p. 11.

(*)  
  Date of entry into force of this Regulation.

*

Date of entry into force of this Regulation.

---

| 30.12.2015 | EN | Official Journal of the European Union | C 440/192 |
| --- | --- | --- | --- |

30.12.2015

EN

Official Journal of the European Union

C 440/192

---

P7_TA(2013)0010

Conclusion of the Nagoya-Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety ***

European Parliament legislative resolution of 16 January 2013 on the draft Council decision on the conclusion on behalf of the European Union of the Nagoya-Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety (13582/2012 — C7-0323/2012 — 2012/0120(NLE))

(Consent)

(2015/C 440/25)

The European Parliament,

| — | having regard to the draft Council decision (13582/2012), |
| --- | --- |

—

having regard to the draft Council decision (13582/2012),

| — | having regard to the Nagoya-Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety adopted on 15 October 2010 at the final plenary of the fifth Conference of the Parties serving as the Meeting of the Parties (COP/MOP 5) in Nagoya and signed by the Union on 11 May 2011 (13583/2012), |
| --- | --- |

—

having regard to the Nagoya-Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety adopted on 15 October 2010 at the final plenary of the fifth Conference of the Parties serving as the Meeting of the Parties (COP/MOP 5) in Nagoya and signed by the Union on 11 May 2011 (13583/2012),

| — | having regard to the request for consent submitted by the Council in accordance with Article 192 and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C7-0323/2012), |
| --- | --- |

—

having regard to the request for consent submitted by the Council in accordance with Article 192 and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C7-0323/2012),

| — | having regard to Rules 81 and 90(7) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 81 and 90(7) of its Rules of Procedure,

| — | having regard to the recommendation of the Committee on the Environment, Public Health and Food Safety (A7-0429/2012), |
| --- | --- |

—

having regard to the recommendation of the Committee on the Environment, Public Health and Food Safety (A7-0429/2012),

| 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. |
| --- | --- |

2.

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

---

| 30.12.2015 | EN | Official Journal of the European Union | C 440/193 |
| --- | --- | --- | --- |

30.12.2015

EN

Official Journal of the European Union

C 440/193

---

P7_TA(2013)0012

Credit rating agencies ***I

European Parliament legislative resolution of 16 January 2013 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1060/2009 on credit rating agencies (COM(2011)0747 — C7-0420/2011 — 2011/0361(COD))

(Ordinary legislative procedure: first reading)

(2015/C 440/26)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2011)0747), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2011)0747),

| — | 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 (C7-0420/2011), |
| --- | --- |

—

having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0420/2011),

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

—

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

| — | having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Swedish Parliament, asserting that the draft legislative act does not comply with the principle of subsidiarity, |
| --- | --- |

—

having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Swedish Parliament, asserting that the draft legislative act does not comply with the principle of subsidiarity,

| — | having regard to the opinion of the European Central Bank of 2 April 2012 (1), |
| --- | --- |

—

having regard to the opinion of the European Central Bank of 2 April 2012 (1),

| — | having regard to the opinion of the European Economic and Social Committee of 29 March 2012 (2), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 29 March 2012 (2),

| — | having regard to the undertaking given by the Council representative by letter of 5 December 2012 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to the undertaking given by the Council representative by letter of 5 December 2012 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

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

—

having regard to Rule 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on Economic and Monetary Affairs and the opinion of the Committee on Legal Affairs (A7-0221/2012), |
| --- | --- |

—

having regard to the report of the Committee on Economic and Monetary Affairs and the opinion of the Committee on Legal Affairs (A7-0221/2012),

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

1.

Adopts its position at first reading hereinafter set out;

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

2.

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

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

3.

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

---

(1)  OJ C 167, 13.6.2012, p. 2.

(2)  OJ C 181, 21.6.2012, p. 68.

---

P7_TC1-COD(2011)0361

Position of the European Parliament adopted at first reading on 16 January 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council amending Regulation (EC) No 1060/2009 on credit rating agencies

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 462/2013.)

---

| 30.12.2015 | EN | Official Journal of the European Union | C 440/194 |
| --- | --- | --- | --- |

30.12.2015

EN

Official Journal of the European Union

C 440/194

---

P7_TA(2013)0013

Undertakings of collective investment in transferable securities (UCITS) and alternative investment funds managers ***I

European Parliament legislative resolution of 16 January 2013 on the proposal for a directive of the European Parliament and of the Council amending Directive 2009/65/EC on the coordination of laws, regulations and administrative provisions relating to undertakings of collective investment in transferable securities (UCITS) and Directive 2011/61/EU on Alternative Investment Funds Managers in respect of the excessive reliance on credit ratings (COM(2011)0746 — C7-0419/2011 — 2011/0360(COD))

(Ordinary legislative procedure: first reading)

(2015/C 440/27)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2011)0746), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2011)0746),

| — | having regard to Article 294(2) and Article 53(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0419/2011), |
| --- | --- |

—

having regard to Article 294(2) and Article 53(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0419/2011),

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

—

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

| — | having regard to the opinion of the European Central Bank of 2 April 2012 (1), |
| --- | --- |

—

having regard to the opinion of the European Central Bank of 2 April 2012 (1),

| — | having regard to the opinion of the European Economic and Social Committee of 23 May 2012 (2), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 23 May 2012 (2),

| — | having regard to the undertaking given by the Council representative by letter of 5 December 2012 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to the undertaking given by the Council representative by letter of 5 December 2012 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

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

—

having regard to Rule 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on Economic and Monetary Affairs and the opinion of the Committee on Legal Affairs (A7-0220/2012), |
| --- | --- |

—

having regard to the report of the Committee on Economic and Monetary Affairs and the opinion of the Committee on Legal Affairs (A7-0220/2012),

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

1.

Adopts its position at first reading hereinafter set out;

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

2.

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

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

3.

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

---

(1)  OJ C 167, 13.6.2012, p. 2.

(2)  OJ C 229, 31.7.2012, p. 64.

---

P7_TC1-COD(2011)0360

Position of the European Parliament adopted at first reading on 16 January 2013 with a view to the adoption of Directive 2013/.../EU of the European Parliament and of the Council amending Directive 2003/41/EC on the activities and supervision of institutions for occupational retirement provision, Directive 2009/65/EC on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) and Directive 2011/61/EU on Alternative Investment Funds Managers in respect of over-reliance on credit ratings

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive 2013/14/EU.)

---

| 30.12.2015 | EN | Official Journal of the European Union | C 440/195 |
| --- | --- | --- | --- |

30.12.2015

EN

Official Journal of the European Union

C 440/195

---

P7_TA(2013)0014

Multi-annual plan for cod stocks in the Baltic Sea***I

European Parliament legislative resolution of 16 January 2013 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1098/2007 of 18 September 2007 establishing a multi-annual plan for the cod stocks in the Baltic Sea and the fisheries exploiting those stocks (COM(2012)0155 — C7-0090/2012 — 2012/0077(COD))

(Ordinary legislative procedure: first reading)

(2015/C 440/28)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2012)0155), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2012)0155),

| — | having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0090/2012), |
| --- | --- |

—

having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0090/2012),

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

—

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

| — | having regard to the opinion of the European Economic and Social Committee of 11 July 2012 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 11 July 2012 (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 Fisheries (A7-0395/2012), |
| --- | --- |

—

having regard to the report of the Committee on Fisheries (A7-0395/2012),

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

1.

Adopts its position at first reading hereinafter set out;

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

2.

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

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

3.

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

---

(1)  OJ C 299, 4.10.2012, p. 145.

---

P7_TC1-COD(2012)0077

Position of the European Parliament adopted at first reading on 16 January 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council amending Council Regulation (EC) No 1098/2007 of 18 September 2007 establishing a multi-annual plan for the cod stocks in the Baltic Sea and the fisheries exploiting those stocks

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) thereof,

Having regard to the proposal from the European Commission,

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

Having regard to the opinion of the European Economic and Social Committee (1),

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

| (1) | To avoid any ambiguity and ensure consistency with international commitments of the Union for achieving a maximum sustainable yield for depleted stocks, the objectives of the multi-annual plan for the cod stocks in the Baltic Sea and the fisheries exploiting those stocks, established by Council Regulation (EC) No 1098/2007 (3), should be clarified accordingly. |
| --- | --- |

(1)

To avoid any ambiguity and ensure consistency with international commitments of the Union for achieving a maximum sustainable yield for depleted stocks, the objectives of the multi-annual plan for the cod stocks in the Baltic Sea and the fisheries exploiting those stocks, established by Council Regulation (EC) No 1098/2007 (3), should be clarified accordingly.

| (2) | Regulation (EC) No 1098/2007 provides for the follow-up and revision of the minimum fishing mortality rates specified therein in the case of the inadequacy of those rates to meet the objectives of that plan. |
| --- | --- |

(2)

Regulation (EC) No 1098/2007 provides for the follow-up and revision of the minimum fishing mortality rates specified therein in the case of the inadequacy of those rates to meet the objectives of that plan.

| (3) | In accordance with Article 290 of the Treaty the Commission may be empowered to supplement or amend non-essential elements of a legislative act by means of delegated acts.
  [Am. 1] |
| --- | --- |

(3)

In accordance with Article 290 of the Treaty the Commission may be empowered to supplement or amend non-essential elements of a legislative act by means of delegated acts.
  [Am. 1]

| (4) | In order to achieve in an efficient way the targets set out in Regulation (EC) No 1098/2007 and be able to react swiftly to changes in stock conditions or in fishery, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the revision of the minimum

  with regard to setting the periods when
  fishing mortality rates, when scientific data indicate that the rates are no longer appropriate and measures are not sufficient to reach the objectives of the plan

  with certain types of gear is allowed in respect of certain geographical areas
  . It is of particular importance that the Commission carry out appropriate consultations
  with the Baltic Sea Regional Advisory Council and relevant stakeholders
  during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. [Am. 2] |
| --- | --- |

(4)

In order to achieve in an efficient way the targets set out in Regulation (EC) No 1098/2007 and be able to react swiftly to changes in stock conditions or in fishery, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the revision of the minimum

  with regard to setting the periods when
  fishing mortality rates, when scientific data indicate that the rates are no longer appropriate and measures are not sufficient to reach the objectives of the plan

  with certain types of gear is allowed in respect of certain geographical areas
  . It is of particular importance that the Commission carry out appropriate consultations
  with the Baltic Sea Regional Advisory Council and relevant stakeholders
  during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. [Am. 2]

| (6) | In order to ensure uniform conditions for the implementation of Article 29 of Regulation (EC) No 1098/2007, implementing powers should be conferred upon the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers

   (4)
  . [Am. 3] |
| --- | --- |

(6)

In order to ensure uniform conditions for the implementation of Article 29 of Regulation (EC) No 1098/2007, implementing powers should be conferred upon the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers

   (4)
  . [Am. 3]

| (7) | To ensure the efficiency of an evaluation of the plan's performance the timeline of evaluation provided for in Regulation (EC) No 1098/2007 should be modified. |
| --- | --- |

(7)

To ensure the efficiency of an evaluation of the plan's performance the timeline of evaluation provided for in Regulation (EC) No 1098/2007 should be modified.

| (8) | In addition, the decision making procedure concerning the setting of fishing opportunities referred to in Regulation (EC) No 1098/2007 should be clarified following the entry into force of the Treaty on the Functioning of the European Union. |
| --- | --- |

(8)

In addition, the decision making procedure concerning the setting of fishing opportunities referred to in Regulation (EC) No 1098/2007 should be clarified following the entry into force of the Treaty on the Functioning of the European Union.

| (9) | The proposed amendments are therefore primarily aimed at changes enabling the plan to work efficiently within the new decisional framework set up by the Lisbon Treaty. |
| --- | --- |

(9)

The proposed amendments are therefore primarily aimed at changes enabling the plan to work efficiently within the new decisional framework set up by the Lisbon Treaty.

| (10) | Regulation (EC) No 1098/2007 should therefore be amended accordingly, |
| --- | --- |

(10)

Regulation (EC) No 1098/2007 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1098/2007 is amended as follows:

| (1) | Article 4 is replaced by the following:
  ‘Article 4
  Objective and targets
  The plan shall ensure the sustainable exploitation of the cod stocks concerned on the basis of maximum sustainable yield by gradually reducing and maintaining the fishing mortality rates at levels no lower

  higher
  than: [Am. 4]









  (a) | 0,25 on ages three to six years for the cod stock in Area A; and [Am. 5] |
| --- | --- | --- |

(1)

Article 4 is replaced by the following:

‘Article 4

Objective and targets

The plan shall ensure the sustainable exploitation of the cod stocks concerned on the basis of maximum sustainable yield by gradually reducing and maintaining the fishing mortality rates at levels no lower

  higher
  than: [Am. 4]

(a)

0,25 on ages three to six years for the cod stock in Area A; and [Am. 5]

| (b) | 0,3 on ages four to seven years for the cod stock in Areas B and C.’ |
| --- | --- |

(b)

0,3 on ages four to seven years for the cod stock in Areas B and C.’

| (2) | In Article 5, paragraph 1 is replaced by the following:
  ‘1.   Each year the Council shall decide in accordance with the Treaty on the TACs for the cod stocks concerned for the following year.’[Am. 6] |
| --- | --- |

(2)

In Article 5, paragraph 1 is replaced by the following:

‘1.   Each year the Council shall decide in accordance with the Treaty on the TACs for the cod stocks concerned for the following year.’[Am. 6]

| (3) | Article 8 is amended as follows:






  (a) | paragraphs 3 and 4 are replaced by the following:
  ‘3.   The Council

  Commission
  shall decide

  be empowered to adopt delegated acts, in accordance with Article 29a, defining, for
  each year, in accordance with the Treaty on the maximum number of days absent from port outside periods specified in paragraph 1 in the following year when fishing with the gear referred to in paragraph 1 is allowed, in accordance with the rules set out in paragraphs 4 and 5. [Am. 7]



  4.
     
  Where the fishing mortality rate for one of the cod stocks concerned has been estimated by STECF to be at least 10 % higher than the target fishing mortality rate set out in Article 4, the total number of days when fishing with the gear referred to in paragraph 1 is allowed shall be reduced by 10 % compared to the total number of days allowed in the current year.’ [Am. 8] |
| --- | --- | --- |

(3)

Article 8 is amended as follows:

(a)

paragraphs 3 and 4 are replaced by the following:

‘3.   The Council

  Commission
  shall decide

  be empowered to adopt delegated acts, in accordance with Article 29a, defining, for
  each year, in accordance with the Treaty on the maximum number of days absent from port outside periods specified in paragraph 1 in the following year when fishing with the gear referred to in paragraph 1 is allowed, in accordance with the rules set out in paragraphs 4 and 5. [Am. 7]

4.
     
  Where the fishing mortality rate for one of the cod stocks concerned has been estimated by STECF to be at least 10 % higher than the target fishing mortality rate set out in Article 4, the total number of days when fishing with the gear referred to in paragraph 1 is allowed shall be reduced by 10 % compared to the total number of days allowed in the current year.’ [Am. 8]

| (b) | in paragraph 6, subparagraph 1 is replaced by the following:




  ‘6.
     
  By way of derogation from paragraph 1, fishing vessels with an overall length of less than 12 metres shall be permitted to fish with static gear in the area up to 10 nautical miles measured from the baselines. The immersion time of the said static gears shall not exceed 48 hours.’ [Am. 9] |
| --- | --- |

(b)

in paragraph 6, subparagraph 1 is replaced by the following:

‘6.
     
  By way of derogation from paragraph 1, fishing vessels with an overall length of less than 12 metres shall be permitted to fish with static gear in the area up to 10 nautical miles measured from the baselines. The immersion time of the said static gears shall not exceed 48 hours.’ [Am. 9]

| (4) | Article 26 is replaced by the following:
  ‘Article 26
  Evaluation of the plan
  Every five years from 18 September 2007, the Commission shall evaluate the operation and performance of this multi-annual plan.
  For the purpose of this evaluation, the Commission shall seek the advice of STECF and of the Baltic Sea Regional Advisory Council.
  Where appropriate

  necessary
  , the Commission may propose adaptations to

  shall submit appropriate proposals, for adoption in accordance with the ordinary legislative procedure, for the amendment of
  the multi-annual plan or adopt delegated acts in accordance with Article 27.’[Am. 10] |
| --- | --- |

(4)

Article 26 is replaced by the following:

‘Article 26

Evaluation of the plan

Every five years from 18 September 2007, the Commission shall evaluate the operation and performance of this multi-annual plan.
  For the purpose of this evaluation, the Commission shall seek the advice of STECF and of the Baltic Sea Regional Advisory Council.
  Where appropriate

  necessary
  , the Commission may propose adaptations to

  shall submit appropriate proposals, for adoption in accordance with the ordinary legislative procedure, for the amendment of
  the multi-annual plan or adopt delegated acts in accordance with Article 27.’[Am. 10]

| (5) | Article 27 is replaced by the following:
  ‘Article 27
  Revision of minimum fishing mortality rates


  Where
  the Commission shall be empowered to adopt delegated acts

  finds that the target fishing mortality rates set out in Article 4 are no longer appropriate to achieve the objectives of the management plan, the Commission shall, on the basis of advice from STECF and after consulting the Baltic Sea Regional Advisory Council and relevant stakeholders, submit a proposal, for adoption
  in accordance with Article 29a to revise the minimum

  the ordinary legislative procedure, for the revision of the target
  fishing mortality rates set out in Article 4.when scientific data indicates that the values for the minimum fishing mortality rates are disaccording with the objectives of the management plan.’[Am. 11] |
| --- | --- |

(5)

Article 27 is replaced by the following:

‘Article 27

Revision of minimum fishing mortality rates

Where
  the Commission shall be empowered to adopt delegated acts

  finds that the target fishing mortality rates set out in Article 4 are no longer appropriate to achieve the objectives of the management plan, the Commission shall, on the basis of advice from STECF and after consulting the Baltic Sea Regional Advisory Council and relevant stakeholders, submit a proposal, for adoption
  in accordance with Article 29a to revise the minimum

  the ordinary legislative procedure, for the revision of the target
  fishing mortality rates set out in Article 4.when scientific data indicates that the values for the minimum fishing mortality rates are disaccording with the objectives of the management plan.’[Am. 11]

| (6) | In Article 29 paragraphs 2, 3 and 4 are replaced by the following:
  ‘2.   Article 8(1)(b), (3), (4) and (5) shall not apply to ICES Subdivisions 27 and/or 28.2 if there is evidence that catches of cod in those ICES Subdivisions are lower than 3 % of the total catches of cod in Area B. The Commission shall
  be empowered to adopt,
  each year, by means of implementing acts and on the basis of the reports from Member States referred to in paragraph 1 and of scientific data, confirm ,

  on the basis of the reports from Member States referred to in paragraph 1 and of scientific data, delegated acts, in accordance with Article 29a, confirming
  whether such evidence exists and, consequently, whether the restrictions provided for in Article 8(1)(b), (3), (4) and (5) apply in the subdivisions concerned. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 29b(2).
  [Am. 12]

  3.   Article 8(1)(b), (3), (4) and (5) shall only apply to ICES Subdivision 28.1, if there is evidence that the catches of cod are higher than 1,5 % of the total catches of cod in Area B. The Commission shall
  be empowered to adopt,
  each year, by means of implementing acts and on the basis of the reports from Member States referred to in paragraph 1 and of scientific data, confirm

  on the basis of the reports from Member States referred to in paragraph 1 and of scientific data, delegated acts, in accordance with Article 29a, confirming
  whether such evidence exists and, consequently, whether the restrictions provided for in Article 8(1)(b), (3), (4) and (5) apply in the subdivision concerned. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 29b(2).
  [Am. 13]

  4.   The implementing

  delegated
  acts referred to in paragraphs 2 and 3 shall apply from 1 January to 31 December of the following year.’[Am. 14] |
| --- | --- |

(6)

In Article 29 paragraphs 2, 3 and 4 are replaced by the following:

‘2.   Article 8(1)(b), (3), (4) and (5) shall not apply to ICES Subdivisions 27 and/or 28.2 if there is evidence that catches of cod in those ICES Subdivisions are lower than 3 % of the total catches of cod in Area B. The Commission shall
  be empowered to adopt,
  each year, by means of implementing acts and on the basis of the reports from Member States referred to in paragraph 1 and of scientific data, confirm ,

  on the basis of the reports from Member States referred to in paragraph 1 and of scientific data, delegated acts, in accordance with Article 29a, confirming
  whether such evidence exists and, consequently, whether the restrictions provided for in Article 8(1)(b), (3), (4) and (5) apply in the subdivisions concerned. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 29b(2).
  [Am. 12]

3.   Article 8(1)(b), (3), (4) and (5) shall only apply to ICES Subdivision 28.1, if there is evidence that the catches of cod are higher than 1,5 % of the total catches of cod in Area B. The Commission shall
  be empowered to adopt,
  each year, by means of implementing acts and on the basis of the reports from Member States referred to in paragraph 1 and of scientific data, confirm

  on the basis of the reports from Member States referred to in paragraph 1 and of scientific data, delegated acts, in accordance with Article 29a, confirming
  whether such evidence exists and, consequently, whether the restrictions provided for in Article 8(1)(b), (3), (4) and (5) apply in the subdivision concerned. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 29b(2).
  [Am. 13]

4.   The implementing

  delegated
  acts referred to in paragraphs 2 and 3 shall apply from 1 January to 31 December of the following year.’[Am. 14]

| (7) | The following Chapter is inserted:
  ‘Chapter VIa
  Article 29a
  Exercise of the delegation
  1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
  2.   The delegation of power
  to adopt delegated acts
  referred to in Articles 26 and 27

  Article 8(3) and Article 29(2) and (3
  ) shall be conferred on the Commission for an indeterminate

  a
  period of time

  three years from ...

   (*)

  . The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the three-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. [Am. 15]

  3.   The delegation of power referred to in Articles 26 and 27

  Article 8(3) and Article 29(2) and (3)
  may be revoked at any time by the European Parliament or by the Council. A decision to revocation

  revoke
  shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. [Am. 16]

  4.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
  5.   A delegated act adopted pursuant to Articles 26, and 27

  Article 8(3) and Article 29(2) and (3)
  shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or
  of
  the Council.

  “Article 29b


  Committee procedure


  1.   The Commission shall be assisted by the Committee for Fisheries and Aquaculture established by Article 30 of Regulation (EC) No 2371/2002. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.


  2.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.”
  [Am. 17]

  Article 29c
  Council decisions
  Where this Regulation provides for decisions to be taken by the Council, the Council shall act in accordance with the Treaty.’, |
| --- | --- |

(7)

The following Chapter is inserted:

‘Chapter VIa

Article 29a

Exercise of the delegation

1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.   The delegation of power
  to adopt delegated acts
  referred to in Articles 26 and 27

  Article 8(3) and Article 29(2) and (3
  ) shall be conferred on the Commission for an indeterminate

  a
  period of time

  three years from ...

   (*)

  . The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the three-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. [Am. 15]

3.   The delegation of power referred to in Articles 26 and 27

  Article 8(3) and Article 29(2) and (3)
  may be revoked at any time by the European Parliament or by the Council. A decision to revocation

  revoke
  shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. [Am. 16]

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

5.   A delegated act adopted pursuant to Articles 26, and 27

  Article 8(3) and Article 29(2) and (3)
  shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or
  of
  the Council.

“Article 29b

Committee procedure

1.   The Commission shall be assisted by the Committee for Fisheries and Aquaculture established by Article 30 of Regulation (EC) No 2371/2002. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.”
  [Am. 17]

Article 29c

Council decisions

Where this Regulation provides for decisions to be taken by the Council, the Council shall act in accordance with the Treaty.’,

Article 2

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

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

Done at

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 299, 4.10.2012, p. 145.

1

(2)  Position of the European Parliament of 16 January 2013.

2

(3)  OJ L 248, 22.9.2007, p. 1.

3

(4)  
  OJ L 55, 28.2.2011, p. 13.

4

OJ L 55, 28.2.2011, p. 13.

(*)  
  Date of entry into force of this Regulation.

*

Date of entry into force of this Regulation.

---

Thursday 17 January 2013

| 30.12.2015 | EN | Official Journal of the European Union | C 440/200 |
| --- | --- | --- | --- |

30.12.2015

EN

Official Journal of the European Union

C 440/200

---

P7_TA(2013)0019

Instrument for financial support for external borders and visa (Decision on the opening of interinstitutional negotiations)

European Parliament decision of 17 January 2013 on the opening of, and mandate for, interinstitutional negotiations on the proposal for a regulation of the European Parliament and of the Council establishing, as part of the Internal Security Fund, the instrument for financial support for external borders and visa (COM(2011)0750 — C7-0441/2011 — 2011/0365(COD) — (2013/2503(RSP))

(2015/C 440/29)

The European Parliament,

| — | having regard to the proposal of the Committee on Civil Liberties, Justice and Home Affairs, |
| --- | --- |

—

having regard to the proposal of the Committee on Civil Liberties, Justice and Home Affairs,

| — | having regard to Rules 70(2) and 70a of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 70(2) and 70a of its Rules of Procedure,

| 1. | decides to open interinstitutional negotiations on the basis of the following mandate: |
| --- | --- |

1.

decides to open interinstitutional negotiations on the basis of the following mandate:

MANDATE

Amendment 1

Draft legislative resolution

Paragraph 1 a (new)

| Draft legislative resolution | Amendment |
| --- | --- |
| | 1a.
     
  Points out that the financial envelope specified in the legislative proposal constitutes only an indication to the legislative authority and cannot be fixed until agreement is reached on the proposal for a regulation laying down the multiannual financial framework for the years 2014-2020; |

Draft legislative resolution

Amendment

1a.
     
  Points out that the financial envelope specified in the legislative proposal constitutes only an indication to the legislative authority and cannot be fixed until agreement is reached on the proposal for a regulation laying down the multiannual financial framework for the years 2014-2020;

Amendment 2

Draft legislative resolution

Paragraph 1 b (new)

| Draft legislative resolution | Amendment |
| --- | --- |
| | 1b.
     
  Recalls its resolution of 8 June 2011 on ‘Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe’



   (1)



  ; reiterates that sufficient additional resources are needed in the next MFF in order to enable the Union to fulfil the existing policy priorities and the new tasks provided for in the Treaty of Lisbon, as well as to respond to unforeseen events; points out that even with an increase in the level of resources for the next MFF of at least 5 % compared to the 2013 level only a limited contribution can be made to the achievement of the Union’s agreed objectives and commitments and the principle of Union solidarity; challenges the Council, if it does not share this approach, to clearly identify which of its political priorities or projects could be dropped altogether, despite their proven European added value; |

Draft legislative resolution

Amendment

1b.
     
  Recalls its resolution of 8 June 2011 on ‘Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe’



   (1)



  ; reiterates that sufficient additional resources are needed in the next MFF in order to enable the Union to fulfil the existing policy priorities and the new tasks provided for in the Treaty of Lisbon, as well as to respond to unforeseen events; points out that even with an increase in the level of resources for the next MFF of at least 5 % compared to the 2013 level only a limited contribution can be made to the achievement of the Union’s agreed objectives and commitments and the principle of Union solidarity; challenges the Council, if it does not share this approach, to clearly identify which of its political priorities or projects could be dropped altogether, despite their proven European added value;

Amendment 3

Draft legislative resolution

Paragraph 1 c (new)

| Draft legislative resolution | Amendment |
| --- | --- |
| | 1c.
     
  Emphasises that, in view of the tasks already identified and concluded by the Union, the Commission needs to reflect those policy priorities in a foresighted and adequate manner in the proposal; |

Draft legislative resolution

Amendment

1c.
     
  Emphasises that, in view of the tasks already identified and concluded by the Union, the Commission needs to reflect those policy priorities in a foresighted and adequate manner in the proposal;

Amendment 4

Proposal for a regulation

Recital 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| (1) | The Union's objective of ensuring a high level of security within an area of Freedom, Security and Justice (Article 67(3) of the Treaty on the Functioning of the Union) should be achieved, inter alia, through common measures on the crossing of internal borders by persons and border control at external borders and the common visa policy as part of a
  multi-layer
  system aimed at facilitating
  legitimate
  travel and tackling
  illegal
  immigration. |

Text proposed by the Commission

Amendment

(1)

The Union's objective of ensuring a high level of security within an area of Freedom, Security and Justice (Article 67(3) of the Treaty on the Functioning of the Union) should be achieved, inter alia, through common measures on the crossing of internal borders by persons and border control at external borders and the common visa policy as part of a
  multi-layer
  system aimed at facilitating
  legitimate
  travel and tackling
  illegal
  immigration.

| (1) | The Union's objective of ensuring a high level of security within an area of Freedom, Security and Justice (Article 67(3) of the Treaty on the Functioning of the Union (TFEU)) should be achieved, inter alia, through common measures on the crossing of internal borders by persons and border control at external borders and the common visa policy as part of a
  convergent
  system
  , which would allow the exchange of data, a complete situation awareness and is
  aimed at facilitating legitimate travel
  in the Union and international exchanges encouraging and developing cultural diversity and intercultural understanding,
  and tackling
  irregular
  immigration.
  In realising this objective it is necessary to ensure respect for fundamental rights (Article 67(1) of the TFEU) and human dignity in accordance with the provisions of the Charter of Fundamental Rights of the European Union and the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and, concerning the development of a common asylum, immigration and external border control policy, the fair treatment of third country nationals (Article 67(2) of the TFEU), respect for their right of asylum and international protection, the principle of non-refoulement and sea rescue of migrants and compliance with the international obligations of the Union and Member States arising from the international instruments, for example the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 1967 (‘the Geneva Convention’), to which they are signatory
  . |
| --- | --- |

(1)

The Union's objective of ensuring a high level of security within an area of Freedom, Security and Justice (Article 67(3) of the Treaty on the Functioning of the Union (TFEU)) should be achieved, inter alia, through common measures on the crossing of internal borders by persons and border control at external borders and the common visa policy as part of a
  convergent
  system
  , which would allow the exchange of data, a complete situation awareness and is
  aimed at facilitating legitimate travel
  in the Union and international exchanges encouraging and developing cultural diversity and intercultural understanding,
  and tackling
  irregular
  immigration.
  In realising this objective it is necessary to ensure respect for fundamental rights (Article 67(1) of the TFEU) and human dignity in accordance with the provisions of the Charter of Fundamental Rights of the European Union and the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and, concerning the development of a common asylum, immigration and external border control policy, the fair treatment of third country nationals (Article 67(2) of the TFEU), respect for their right of asylum and international protection, the principle of non-refoulement and sea rescue of migrants and compliance with the international obligations of the Union and Member States arising from the international instruments, for example the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 1967 (‘the Geneva Convention’), to which they are signatory
  .

Amendment 5

Proposal for a regulation

Recital 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (1a) | The Union needs a more coherent approach to the internal and external aspects of migration management and internal security, and should establish a correlation between the fight against illegal immigration and the improvement of the security of the external border, and a better cooperation and dialogue with third countries for dealing with illegal immigration and promoting legal migration. |

Text proposed by the Commission

Amendment

(1a)

The Union needs a more coherent approach to the internal and external aspects of migration management and internal security, and should establish a correlation between the fight against illegal immigration and the improvement of the security of the external border, and a better cooperation and dialogue with third countries for dealing with illegal immigration and promoting legal migration.

Amendment 6

Proposal for a regulation

Recital 1 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (1b) | It is necessary to develop an integrated approach to issues arising from the pressure of migration and asylum applications and for the management of Union external borders and provide a budget and adequate resources to cope with emergencies in the spirit of respect for human rights and solidarity between all Member States, while remaining aware of national responsibilities and ensuring a clear division of tasks. |

Text proposed by the Commission

Amendment

(1b)

It is necessary to develop an integrated approach to issues arising from the pressure of migration and asylum applications and for the management of Union external borders and provide a budget and adequate resources to cope with emergencies in the spirit of respect for human rights and solidarity between all Member States, while remaining aware of national responsibilities and ensuring a clear division of tasks.

Amendment 7

Proposal for a regulation

Recital 1 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (1c) | In its resolution of 8 June 2011



   (2)



  , the European Parliament, further emphasised the need of developing better synergies between different funds and programs and points to the fact that the simplification of management of funds and allowing cross-financing enable the allocation of more funds to common objectives, welcomed the Commission's intention to reduce the total number of budgetary instruments in Home Affairs in a two-pillar structure and, where possible, under shared management and expressed its belief that this approach should contribute significantly to an increased simplification, rationalisation, consolidation and transparency of the current funds and programmes. It stressed, however, the need to ensure that the different objectives of home affairs policies will not be mixed up. |

Text proposed by the Commission

Amendment

(1c)

In its resolution of 8 June 2011



   (2)



  , the European Parliament, further emphasised the need of developing better synergies between different funds and programs and points to the fact that the simplification of management of funds and allowing cross-financing enable the allocation of more funds to common objectives, welcomed the Commission's intention to reduce the total number of budgetary instruments in Home Affairs in a two-pillar structure and, where possible, under shared management and expressed its belief that this approach should contribute significantly to an increased simplification, rationalisation, consolidation and transparency of the current funds and programmes. It stressed, however, the need to ensure that the different objectives of home affairs policies will not be mixed up.

Justification

Paragraph 109 of the resolution of 8 June 2011‘Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe’

Amendment 8

Proposal for a regulation

Recital 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (2a) | According to the Union Internal Security Strategy, freedom, security and justice are objectives that should be pursued in parallel, and in order to achieve freedom and justice, security should always be pursued in accordance with the principles of the Treaties, the rule of law and Union's fundamental rights obligations. |

Text proposed by the Commission

Amendment

(2a)

According to the Union Internal Security Strategy, freedom, security and justice are objectives that should be pursued in parallel, and in order to achieve freedom and justice, security should always be pursued in accordance with the principles of the Treaties, the rule of law and Union's fundamental rights obligations.

Amendment 9

Proposal for a regulation

Recital 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| (3) | Solidarity among Member States, clarity about the division of tasks, respect for fundamental rights and the rule of law as well as a strong focus on the global perspective and
  the inextricable link
  with
  external security
  should be key principles guiding the implementation of the Internal Security Strategy. |

Text proposed by the Commission

Amendment

(3)

Solidarity among Member States, clarity about the division of tasks, respect for fundamental rights and the rule of law as well as a strong focus on the global perspective and
  the inextricable link
  with
  external security
  should be key principles guiding the implementation of the Internal Security Strategy.

| (3) | Solidarity among Member States, clarity about the division of tasks, respect for fundamental
  freedoms and human
  rights and the rule of law as well as a strong focus on the global perspective and
  full compliance
  with
  Union foreign policy objectives as laid down in Article 21 of the Treaty on European Union (TEU)
  should be key principles guiding the implementation of the Internal Security Strategy. |
| --- | --- |

(3)

Solidarity among Member States, clarity about the division of tasks, respect for fundamental
  freedoms and human
  rights and the rule of law as well as a strong focus on the global perspective and
  full compliance
  with
  Union foreign policy objectives as laid down in Article 21 of the Treaty on European Union (TEU)
  should be key principles guiding the implementation of the Internal Security Strategy.

Amendment 10

Proposal for a regulation

Recital 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (3a) | The Internal Security Fund should take special account of Member States which are facing disproportionate burdens from migratory flows due to their geographical location. |

Text proposed by the Commission

Amendment

(3a)

The Internal Security Fund should take special account of Member States which are facing disproportionate burdens from migratory flows due to their geographical location.

Amendment 11

Proposal for a regulation

Recital 6 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (6a) | The global resources for this Regulation and for Regulation (EU) No XXX/2012 establishing, as part of the Internal Security Fund, the instrument for financial support for police cooperation, preventing and combating crime and crisis management should jointly establish the financial envelope for the entire duration of the Fund, which should constitute the prime reference for the budgetary authority during the annual budgetary procedure in accordance with Point 17 of the Interinstitutional Agreement of xxx/201z between the European Parliament, the Council and the Commission on cooperation in budgetary matters and sound financial management. |

Text proposed by the Commission

Amendment

(6a)

The global resources for this Regulation and for Regulation (EU) No XXX/2012 establishing, as part of the Internal Security Fund, the instrument for financial support for police cooperation, preventing and combating crime and crisis management should jointly establish the financial envelope for the entire duration of the Fund, which should constitute the prime reference for the budgetary authority during the annual budgetary procedure in accordance with Point 17 of the Interinstitutional Agreement of xxx/201z between the European Parliament, the Council and the Commission on cooperation in budgetary matters and sound financial management.

Justification

To mirror recital 8 of the proposal for a regulation establishing, as part of the Internal Security Fund, the instrument for financial support for police cooperation, preventing and combating crime and crisis management (COM(2011)0753).

Amendment 12

Proposal for a regulation

Recital 8

| Text proposed by the Commission | Amendment |
| --- | --- |
| (8) | The Internal Security Fund should express solidarity through financial assistance to those Member States that fully apply the Schengen provisions on external borders as well as to those who are preparing for full participation in Schengen. |

Text proposed by the Commission

Amendment

(8)

The Internal Security Fund should express solidarity through financial assistance to those Member States that fully apply the Schengen provisions on external borders as well as to those who are preparing for full participation in Schengen.

| (8) | The Internal Security Fund should express solidarity through financial assistance to those Member States that fully apply the Schengen provisions on external borders as well as to those who are preparing for full participation in Schengen
  , and that respect international law by providing assistance and protection to those in need
  . |
| --- | --- |

(8)

The Internal Security Fund should express solidarity through financial assistance to those Member States that fully apply the Schengen provisions on external borders as well as to those who are preparing for full participation in Schengen
  , and that respect international law by providing assistance and protection to those in need
  .

Amendment 13

Proposal for a regulation

Recital 11

| Text proposed by the Commission | Amendment |
| --- | --- |
| (11) | When executing tasks at external borders and consulates in accordance with the Schengen acquis on borders and visas, Member States carry out activities in the interest of and on behalf of all other Member States in the Schengen area and thus performing a public service for the Union.
  To express solidarity, the
  Instrument should contribute to supporting operating costs related to border control and visa policy and enable Member States to systematically maintain capabilities crucial for that service for all. Such support consists of full reimbursement of a choice of costs related to the objectives under this instrument and will form an integral part of the national programmes. |

Text proposed by the Commission

Amendment

(11)

When executing tasks at external borders and consulates in accordance with the Schengen acquis on borders and visas, Member States carry out activities in the interest of and on behalf of all other Member States in the Schengen area and thus performing a public service for the Union.
  To express solidarity, the
  Instrument should contribute to supporting operating costs related to border control and visa policy and enable Member States to systematically maintain capabilities crucial for that service for all. Such support consists of full reimbursement of a choice of costs related to the objectives under this instrument and will form an integral part of the national programmes.

| (11) | When executing tasks at external borders and consulates in accordance with the Schengen acquis on borders and visas, Member States carry out activities in the interest of and on behalf of all other Member States in the Schengen area and thus performing a public service for the Union.
  The
  Instrument should contribute to supporting operating costs related to border control and visa policy and enable Member States to systematically maintain capabilities crucial for that service for all. Such support consists of full reimbursement of a choice of
  specific
  costs related to the objectives under this instrument and will form an integral part of the national programmes.
  To avoid duplication, fragmentation and cost inefficiency, the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex) should coordinate Member States' activities financed under the operating support. |
| --- | --- |

(11)

When executing tasks at external borders and consulates in accordance with the Schengen acquis on borders and visas, Member States carry out activities in the interest of and on behalf of all other Member States in the Schengen area and thus performing a public service for the Union.
  The
  Instrument should contribute to supporting operating costs related to border control and visa policy and enable Member States to systematically maintain capabilities crucial for that service for all. Such support consists of full reimbursement of a choice of
  specific
  costs related to the objectives under this instrument and will form an integral part of the national programmes.
  To avoid duplication, fragmentation and cost inefficiency, the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex) should coordinate Member States' activities financed under the operating support.

Amendment 14

Proposal for a regulation

Recital 13

| Text proposed by the Commission | Amendment |
| --- | --- |
| (13) | This
  instrument should be implemented in full respect of the rights and principles enshrined in the Charter of Fundamental Rights of the European Union. |

Text proposed by the Commission

Amendment

(13)

This
  instrument should be implemented in full respect of the rights and principles enshrined in the Charter of Fundamental Rights of the European Union.

| (13) | Respecting the human rights of migrants and refugees is of key importance for the Union. The
  instrument should be implemented in full respect of the rights and principles enshrined in the Charter of Fundamental Rights of the European Union
  , the European Convention for the Protection of Human Rights and Fundamental Freedoms, the Geneva Convention, the UN Convention on the Law of the Sea, UN human rights treaties and international humanitarian law
  . |
| --- | --- |

(13)

Respecting the human rights of migrants and refugees is of key importance for the Union. The
  instrument should be implemented in full respect of the rights and principles enshrined in the Charter of Fundamental Rights of the European Union
  , the European Convention for the Protection of Human Rights and Fundamental Freedoms, the Geneva Convention, the UN Convention on the Law of the Sea, UN human rights treaties and international humanitarian law
  .

Amendment 15

Proposal for a regulation

Recital 13 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (13a) | Uniform and high-quality external border control is essential for strengthening the Area of Freedom, Security and Justice. The Commission should therefore provide specific guidelines which would ensure the coordination between Member States as regards infrastructure, equipment, means of transport, IT systems and contribute to satisfying common security standards. |

Text proposed by the Commission

Amendment

(13a)

Uniform and high-quality external border control is essential for strengthening the Area of Freedom, Security and Justice. The Commission should therefore provide specific guidelines which would ensure the coordination between Member States as regards infrastructure, equipment, means of transport, IT systems and contribute to satisfying common security standards.

Amendment 16

Proposal for a regulation

Recital 13 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (13b) | Pursuant to Article 3 of the TEU, the Instrument should support activities which ensure the protection of children at risk of harm at the external borders.




  In particular, the Instrument's activities should promote the identification, immediate assistance and referral to protection services of children at risk, including the provision of special protection and assistance to unaccompanied children.




  Regular monitoring and evaluation, including monitoring of expenditure, should be carried out to assess the way in which the protection of children is addressed in the Instrument's activities. |

Text proposed by the Commission

Amendment

(13b)

Pursuant to Article 3 of the TEU, the Instrument should support activities which ensure the protection of children at risk of harm at the external borders.

In particular, the Instrument's activities should promote the identification, immediate assistance and referral to protection services of children at risk, including the provision of special protection and assistance to unaccompanied children.

Regular monitoring and evaluation, including monitoring of expenditure, should be carried out to assess the way in which the protection of children is addressed in the Instrument's activities.

Justification

The EU has committed itself to protecting the rights of the child. These efforts need to be made visible in the implementation and execution of this Regulation.

Amendment 17

Proposal for a regulation

Recital 14

| Text proposed by the Commission | Amendment |
| --- | --- |
| (14) | To ensure a uniform and high-quality external border control and to facilitate
  legitimate travel across external borders
  within the framework of the EU internal security strategy, the Instrument should contribute to the development of a European common integrated border management system, which includes all the measures involving policy, legislation, systematic co-operation, the distribution of the burden, personnel, equipment and technology taken at different levels by the competent authorities of the Member States, acting in co-operation with the Frontex Agency, with third-countries and, where necessary, with other actors, utilising, inter alia, the four-tier border security model and integrated risk analysis of the European Union. |

Text proposed by the Commission

Amendment

(14)

To ensure a uniform and high-quality external border control and to facilitate
  legitimate travel across external borders
  within the framework of the EU internal security strategy, the Instrument should contribute to the development of a European common integrated border management system, which includes all the measures involving policy, legislation, systematic co-operation, the distribution of the burden, personnel, equipment and technology taken at different levels by the competent authorities of the Member States, acting in co-operation with the Frontex Agency, with third-countries and, where necessary, with other actors, utilising, inter alia, the four-tier border security model and integrated risk analysis of the European Union.

| (14) | To ensure a uniform and high-quality external border control and to
  organise and
  facilitate
  regular migration and mobility
  within the framework of the EU internal security strategy, the Instrument should contribute to the development of a European common integrated border management system, which includes all the measures involving policy, legislation, systematic co-operation, the distribution of the burden,
  assessment of the situation and changing circumstances regarding crossing points for illegal migrants,
  personnel, equipment and technology taken at different levels by the competent authorities of the Member States, acting in co-operation with the Frontex Agency, with third-countries and, where necessary, with other actors, utilising, inter alia, the four-tier border security model and integrated risk analysis of the European Union. |
| --- | --- |

(14)

To ensure a uniform and high-quality external border control and to
  organise and
  facilitate
  regular migration and mobility
  within the framework of the EU internal security strategy, the Instrument should contribute to the development of a European common integrated border management system, which includes all the measures involving policy, legislation, systematic co-operation, the distribution of the burden,
  assessment of the situation and changing circumstances regarding crossing points for illegal migrants,
  personnel, equipment and technology taken at different levels by the competent authorities of the Member States, acting in co-operation with the Frontex Agency, with third-countries and, where necessary, with other actors, utilising, inter alia, the four-tier border security model and integrated risk analysis of the European Union.

Amendment 18

Proposal for a regulation

Recital 16

| Text proposed by the Commission | Amendment |
| --- | --- |
| (16) | It should include support for national measures and cooperation between Member States in the area of visa policy and other pre-frontier activities that take place prior to external border controls. The efficient management of activities organised by the services of the Member States in third countries is in the interest of the common visa policy as part of a multi-layered system aimed at facilitating
  legitimate travel and tackling
  irregular immigration into the European Union, and constitutes an integral part of the common integrated border management system. |

Text proposed by the Commission

Amendment

(16)

It should include support for national measures and cooperation between Member States in the area of visa policy and other pre-frontier activities that take place prior to external border controls. The efficient management of activities organised by the services of the Member States in third countries is in the interest of the common visa policy as part of a multi-layered system aimed at facilitating
  legitimate travel and tackling
  irregular immigration into the European Union, and constitutes an integral part of the common integrated border management system.

| (16) | It should include support for national measures and cooperation between Member States in the area of visa policy and other pre-frontier activities that take place prior to external border controls
  , in particular those which prioritise safe maritime borders and which facilitate regular migration and mobility, while making full use of the Visa Information System (VIS) to promote cost-efficiency and avoid double spending
  . The efficient management of activities organised by the services of the Member States in third countries is in the interest of the common visa policy as part of a multi-layered system aimed at facilitating
  regular migration and mobility and preventing
  irregular immigration into the European Union,
  saving people in distress at sea
  and constitutes an integral part of the common integrated border management system. |
| --- | --- |

(16)

It should include support for national measures and cooperation between Member States in the area of visa policy and other pre-frontier activities that take place prior to external border controls
  , in particular those which prioritise safe maritime borders and which facilitate regular migration and mobility, while making full use of the Visa Information System (VIS) to promote cost-efficiency and avoid double spending
  . The efficient management of activities organised by the services of the Member States in third countries is in the interest of the common visa policy as part of a multi-layered system aimed at facilitating
  regular migration and mobility and preventing
  irregular immigration into the European Union,
  saving people in distress at sea
  and constitutes an integral part of the common integrated border management system.

Amendment 19

Proposal for a regulation

Recital 17

| Text proposed by the Commission | Amendment |
| --- | --- |
| (17) | Moreover, it should support measures in the territory of the Schengen countries as part of the development of a common integrated border management system which strengthens the overall functioning of the Schengen area. |

Text proposed by the Commission

Amendment

(17)

Moreover, it should support measures in the territory of the Schengen countries as part of the development of a common integrated border management system which strengthens the overall functioning of the Schengen area.

| (17) | Moreover, it should support measures in the territory of the Schengen countries as part of the development of a common integrated border management system which strengthens the overall functioning of the Schengen area.
  Member States should notably devote to EUROSUR the necessary funding in order to ensure the good functioning of the network. |
| --- | --- |

(17)

Moreover, it should support measures in the territory of the Schengen countries as part of the development of a common integrated border management system which strengthens the overall functioning of the Schengen area.
  Member States should notably devote to EUROSUR the necessary funding in order to ensure the good functioning of the network.

Amendment 20

Proposal for a regulation

Recital 18

| Text proposed by the Commission | Amendment |
| --- | --- |
| (18) | The Instrument should also support the development by the European Union of IT systems which would equip Member States with the tools to manage the movement of third-country nationals across borders more efficiently and to ensure
  a better
  identification and verification of travellers (‘smart borders’). To this end, a programme should be established the aim of which is to cover cost for the development of both the central and national components of such systems, ensuring technical consistency, cost savings and a smooth implementation in the Member States. |

Text proposed by the Commission

Amendment

(18)

The Instrument should also support the development by the European Union of IT systems which would equip Member States with the tools to manage the movement of third-country nationals across borders more efficiently and to ensure
  a better
  identification and verification of travellers (‘smart borders’). To this end, a programme should be established the aim of which is to cover cost for the development of both the central and national components of such systems, ensuring technical consistency, cost savings and a smooth implementation in the Member States.

| (18) | The Instrument should also support the development by the Union of IT systems which would equip Member States with the tools to manage the movement of third-country nationals across borders more efficiently and to ensure
  more effective
  identification and verification of travellers (‘smart borders’)
  , thereby enhancing border security and generating positive economic impacts
  . To this end, a programme should be established the aim of which is to cover cost for the development of both the central and national components of such systems, ensuring technical consistency,
  interoperability with other Union IT systems,
  cost savings and a smooth implementation in the Member States. |
| --- | --- |

(18)

The Instrument should also support the development by the Union of IT systems which would equip Member States with the tools to manage the movement of third-country nationals across borders more efficiently and to ensure
  more effective
  identification and verification of travellers (‘smart borders’)
  , thereby enhancing border security and generating positive economic impacts
  . To this end, a programme should be established the aim of which is to cover cost for the development of both the central and national components of such systems, ensuring technical consistency,
  interoperability with other Union IT systems,
  cost savings and a smooth implementation in the Member States.

Amendment 21

Proposal for a regulation

Recital 19

| Text proposed by the Commission | Amendment |
| --- | --- |
| (19) | To address immediately unforeseen migratory pressure and
  threats
  to border security it should be possible to provide emergency assistance in accordance with the framework set out in Regulation ... 2012/EU laying down general provisions on the Asylum and Migration Fund and on the instrument for financial support for police co-operation, preventing and combating crime, and crisis management. |

Text proposed by the Commission

Amendment

(19)

To address immediately unforeseen migratory pressure and
  threats
  to border security it should be possible to provide emergency assistance in accordance with the framework set out in Regulation ... 2012/EU laying down general provisions on the Asylum and Migration Fund and on the instrument for financial support for police co-operation, preventing and combating crime, and crisis management.

| (19) | To address immediately unforeseen migratory pressure and
  risks
  to border security it should be possible to provide emergency assistance in accordance with the framework set out in Regulation ... 2012/EU laying down general provisions on the Asylum and Migration Fund and on the instrument for financial support for police co-operation, preventing and combating crime, and crisis management. |
| --- | --- |

(19)

To address immediately unforeseen migratory pressure and
  risks
  to border security it should be possible to provide emergency assistance in accordance with the framework set out in Regulation ... 2012/EU laying down general provisions on the Asylum and Migration Fund and on the instrument for financial support for police co-operation, preventing and combating crime, and crisis management.

Amendment 22

Proposal for a regulation

Recital 20

| Text proposed by the Commission | Amendment |
| --- | --- |
| (20) | Moreover, in the interest of enhanced solidarity in the Schengen area as a whole, where weaknesses or possible
  threats
  are identified, notably following a Schengen evaluation, the Member State concerned should follow the matter up adequately by using resources under its programmes by priority, where applicable, complementing emergency assistance measures. |

Text proposed by the Commission

Amendment

(20)

Moreover, in the interest of enhanced solidarity in the Schengen area as a whole, where weaknesses or possible
  threats
  are identified, notably following a Schengen evaluation, the Member State concerned should follow the matter up adequately by using resources under its programmes by priority, where applicable, complementing emergency assistance measures.

| (20) | Moreover, in the interest of enhanced solidarity in the Schengen area as a whole, where weaknesses or possible
  risks
  are identified, notably following a Schengen evaluation, the Member State concerned should follow the matter up adequately by using resources under its programmes by priority, where applicable, complementing emergency assistance measures. |
| --- | --- |

(20)

Moreover, in the interest of enhanced solidarity in the Schengen area as a whole, where weaknesses or possible
  risks
  are identified, notably following a Schengen evaluation, the Member State concerned should follow the matter up adequately by using resources under its programmes by priority, where applicable, complementing emergency assistance measures.

Amendment 23

Proposal for a regulation

Recital 21

| Text proposed by the Commission | Amendment |
| --- | --- |
| (21) | To reinforce solidarity and responsibility sharing, Member States should be encouraged to use a part of the resources available under the programmes for specific priorities defined by the Union, such as the purchase of technical equipment needed by the Frontex Agency and the development of consular co-operation for the Union. |

Text proposed by the Commission

Amendment

(21)

To reinforce solidarity and responsibility sharing, Member States should be encouraged to use a part of the resources available under the programmes for specific priorities defined by the Union, such as the purchase of technical equipment needed by the Frontex Agency and the development of consular co-operation for the Union.

| (21) | To reinforce solidarity and responsibility sharing, Member States should be encouraged to use a part of the resources available under the programmes for specific priorities defined by the Union, such as the purchase of technical equipment needed by the Frontex Agency and the development of consular co-operation for the Union
  and the assistance to people in search of international protection
  . |
| --- | --- |

(21)

To reinforce solidarity and responsibility sharing, Member States should be encouraged to use a part of the resources available under the programmes for specific priorities defined by the Union, such as the purchase of technical equipment needed by the Frontex Agency and the development of consular co-operation for the Union
  and the assistance to people in search of international protection
  .

Amendment 24

Proposal for a regulation

Recital 21 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (21a) | Member States should avoid pursuing their own national interests when using the amount allocated under the Instrument for their national programme. |

Text proposed by the Commission

Amendment

(21a)

Member States should avoid pursuing their own national interests when using the amount allocated under the Instrument for their national programme.

Amendment 25

Proposal for a regulation

Recital 22

| Text proposed by the Commission | Amendment |
| --- | --- |
| (22) | To safeguard the application of the Schengen acquis throughout the Schengen area, the implementation of the Regulation on the establishment of an evaluation and monitoring mechanism to verify the application of the Schengen acquis should also be supported under this Regulation, as an essential tool to accompany the policies ensuring the absence of any controls on persons. |

Text proposed by the Commission

Amendment

(22)

To safeguard the application of the Schengen acquis throughout the Schengen area, the implementation of the Regulation on the establishment of an evaluation and monitoring mechanism to verify the application of the Schengen acquis should also be supported under this Regulation, as an essential tool to accompany the policies ensuring the absence of any controls on persons.

| (22) | To safeguard the application of the Schengen acquis throughout the Schengen area, the implementation of the Regulation on the establishment of an evaluation and monitoring mechanism to verify the application of the Schengen acquis should also be supported under this Regulation, as an essential tool to accompany the policies ensuring
  a high level of external border protection and
  the absence of any controls on persons
  within the Schengen area
  . |
| --- | --- |

(22)

To safeguard the application of the Schengen acquis throughout the Schengen area, the implementation of the Regulation on the establishment of an evaluation and monitoring mechanism to verify the application of the Schengen acquis should also be supported under this Regulation, as an essential tool to accompany the policies ensuring
  a high level of external border protection and
  the absence of any controls on persons
  within the Schengen area
  .

Amendment 26

Proposal for a regulation

Recital 23

| Text proposed by the Commission | Amendment |
| --- | --- |
| (23) | In light of the experiences gained with the External Borders Fund and the development of the SIS and VIS, it is considered appropriate to allow for flexibility regarding possible transfers of resources between the different means of implementation of the objectives pursued under the Instrument, without prejudice to the principle of ensuring from the start a critical mass and financial stability for the programmes and the operating support for Member States. |

Text proposed by the Commission

Amendment

(23)

In light of the experiences gained with the External Borders Fund and the development of the SIS and VIS, it is considered appropriate to allow for flexibility regarding possible transfers of resources between the different means of implementation of the objectives pursued under the Instrument, without prejudice to the principle of ensuring from the start a critical mass and financial stability for the programmes and the operating support for Member States.

| (23) | In light of the experiences gained with the External Borders Fund and the development of the SIS
  II
  and VIS, it is considered appropriate to allow for
  a certain degree of
  flexibility regarding possible transfers of resources between the different means of implementation of the objectives pursued under the Instrument, without prejudice to the principle of ensuring from the start a critical mass and financial stability for the programmes and the operating support for Member States
  and the scrutiny of the budget authority
  . |
| --- | --- |

(23)

In light of the experiences gained with the External Borders Fund and the development of the SIS
  II
  and VIS, it is considered appropriate to allow for
  a certain degree of
  flexibility regarding possible transfers of resources between the different means of implementation of the objectives pursued under the Instrument, without prejudice to the principle of ensuring from the start a critical mass and financial stability for the programmes and the operating support for Member States
  and the scrutiny of the budget authority
  .

Amendment 27

Proposal for a regulation

Recital 24

| Text proposed by the Commission | Amendment |
| --- | --- |
| (24) | In the same vein, the scope of the actions and the ceiling for resources which remain available to the Union (‘Union actions’) should be increased to enhance the capacity of the Union to carry out in a given budget year multiple activities on the management of external borders and the common visa policy in the interest of the Union as a whole, when and insofar as the needs arise. Such Union actions include studies and pilot projects to further the policy and its application, measures or arrangements in third countries addressing migratory pressures from those countries in the interest of an optimal management of migration flows into the Union and an efficient organisation of the related tasks at external borders and consulates. |

Text proposed by the Commission

Amendment

(24)

In the same vein, the scope of the actions and the ceiling for resources which remain available to the Union (‘Union actions’) should be increased to enhance the capacity of the Union to carry out in a given budget year multiple activities on the management of external borders and the common visa policy in the interest of the Union as a whole, when and insofar as the needs arise. Such Union actions include studies and pilot projects to further the policy and its application, measures or arrangements in third countries addressing migratory pressures from those countries in the interest of an optimal management of migration flows into the Union and an efficient organisation of the related tasks at external borders and consulates.

| (24) | In the same vein, the scope of the actions and the ceiling for resources which remain available to the Union (‘Union actions’) should be increased to enhance the capacity of the Union to carry out in a given budget year multiple activities on the management of external borders and the common visa policy in the interest of the Union as a whole, when and insofar as the needs arise. Such Union actions include studies and pilot projects to further the policy and its application,
  training of border guards in the protection of human rights,
  measures or arrangements in third countries addressing migratory pressures from those countries in the interest of an optimal management of migration flows into the Union and an efficient organisation of the related tasks at external borders and consulates. |
| --- | --- |

(24)

In the same vein, the scope of the actions and the ceiling for resources which remain available to the Union (‘Union actions’) should be increased to enhance the capacity of the Union to carry out in a given budget year multiple activities on the management of external borders and the common visa policy in the interest of the Union as a whole, when and insofar as the needs arise. Such Union actions include studies and pilot projects to further the policy and its application,
  training of border guards in the protection of human rights,
  measures or arrangements in third countries addressing migratory pressures from those countries in the interest of an optimal management of migration flows into the Union and an efficient organisation of the related tasks at external borders and consulates.

Amendment 28

Proposal for a regulation

Recital 26 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (26a) | The TFEU provides for delegated acts only as non-legislative acts of general application relating to non-essential elements of a legislative act. Any essential element should be laid down in the legislative act in question. |

Text proposed by the Commission

Amendment

(26a)

The TFEU provides for delegated acts only as non-legislative acts of general application relating to non-essential elements of a legislative act. Any essential element should be laid down in the legislative act in question.

Amendment 29

Proposal for a regulation

Recital 26 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (26b) | Spending of funds in this area should be better coordinated in order to assure complementarity, a better efficiency and visibility, as well as to achieve better budgetary synergies. |

Text proposed by the Commission

Amendment

(26b)

Spending of funds in this area should be better coordinated in order to assure complementarity, a better efficiency and visibility, as well as to achieve better budgetary synergies.

Amendment 30

Proposal for a regulation

Recital 26 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (26c) | There is a need to maximise the impact of Union funding by mobilising, pooling and leveraging public and private financial resources. |

Text proposed by the Commission

Amendment

(26c)

There is a need to maximise the impact of Union funding by mobilising, pooling and leveraging public and private financial resources.

Amendment 31

Proposal for a regulation

Recital 26 d (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (26d) | Utmost transparency, accountability and democratic scrutiny for innovative financial instruments and mechanisms that involve the Union budget should be ensured. |

Text proposed by the Commission

Amendment

(26d)

Utmost transparency, accountability and democratic scrutiny for innovative financial instruments and mechanisms that involve the Union budget should be ensured.

Amendment 32

Proposal for a regulation

Recital 26 e (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (26e) | Improving implementation and quality of spending should constitute guiding principles for achieving the objectives of the Instrument while ensuring optimal use of the financial resources. |

Text proposed by the Commission

Amendment

(26e)

Improving implementation and quality of spending should constitute guiding principles for achieving the objectives of the Instrument while ensuring optimal use of the financial resources.

Amendment 33

Proposal for a regulation

Recital 26 f (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (26f) | It is important to ensure the sound financial management of the Instrument and its implementation in the most effective and user-friendly manner possible, while also ensuring legal certainty and the accessibility of the Instrument to all participants. |

Text proposed by the Commission

Amendment

(26f)

It is important to ensure the sound financial management of the Instrument and its implementation in the most effective and user-friendly manner possible, while also ensuring legal certainty and the accessibility of the Instrument to all participants.

Amendment 34

Proposal for a regulation

Recital 26 g (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (26 g) | The Commission should annually monitor the implementation of the Instrument with the aid of key indicators for assessing results and impacts. The indicators, including relevant baselines, should provide the minimum basis for assessing the extent to which the objectives of the Instrument have been achieved. |

Text proposed by the Commission

Amendment

(26 g)

The Commission should annually monitor the implementation of the Instrument with the aid of key indicators for assessing results and impacts. The indicators, including relevant baselines, should provide the minimum basis for assessing the extent to which the objectives of the Instrument have been achieved.

Amendment 35

Proposal for a regulation

Recital 26 h (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (26h) | Where the Commission implements the budget under shared management, implementation tasks should be delegated to Member States. The Commission and the Member States should respect the principles of sound financial management, transparency and non-discrimination and ensure the visibility of Union action when they manage Union funds. To this end, the Commission and the Member States should fulfil their respective control and audit obligations, and assume the resulting responsibilities laid down in this Regulation. Complementary provisions should be laid down in sector-specific rules. |

Text proposed by the Commission

Amendment

(26h)

Where the Commission implements the budget under shared management, implementation tasks should be delegated to Member States. The Commission and the Member States should respect the principles of sound financial management, transparency and non-discrimination and ensure the visibility of Union action when they manage Union funds. To this end, the Commission and the Member States should fulfil their respective control and audit obligations, and assume the resulting responsibilities laid down in this Regulation. Complementary provisions should be laid down in sector-specific rules.

Amendment 36

Proposal for a regulation

Recital 28

| Text proposed by the Commission | Amendment |
| --- | --- |
| (28) | The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council. |

Text proposed by the Commission

Amendment

(28)

The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.

| (28) | The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of
  all
  relevant documents to the European Parliament and
  to the
  Council. |
| --- | --- |

(28)

The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of
  all
  relevant documents to the European Parliament and
  to the
  Council.

Amendment 37

Proposal for a regulation

Article 2 — point a a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (aa) | ‘common security standards’ means the application of operational measures in a common and unfragmented manner to obtain a well defined level of security in the border control domain, following the guidelines for good governance on borders and visa, according to the Schengen catalogue for external border control, the Practical Handbook for border guards and the Handbook on visa, and the EUROSUR guidelines; |

Text proposed by the Commission

Amendment

(aa)

Amendment 38

Proposal for a regulation

Article 3 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The general objective of the Instrument shall be to contribute to ensuring a high level of security
  in the European Union
  . | 1.   The general objective of the Instrument shall be to contribute to ensuring a high level of security
  and a uniform and high-quality external border control, while facilitating mobility in a secure environment, in compliance with the Union's commitment to fundamental freedoms and human rights. This objective shall be fulfilled in accordance with the international obligations of the Union and its Member States regarding fundamental freedoms and human rights, including child protection of third-country nationals, the principle of non-refoulement, the right of asylum recognised under the Charter of Fundamental Rights of the European Union, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the Geneva Convention; and Union data protection rules. |

Text proposed by the Commission

Amendment

1.   The general objective of the Instrument shall be to contribute to ensuring a high level of security
  in the European Union
  .

1.   The general objective of the Instrument shall be to contribute to ensuring a high level of security
  and a uniform and high-quality external border control, while facilitating mobility in a secure environment, in compliance with the Union's commitment to fundamental freedoms and human rights. This objective shall be fulfilled in accordance with the international obligations of the Union and its Member States regarding fundamental freedoms and human rights, including child protection of third-country nationals, the principle of non-refoulement, the right of asylum recognised under the Charter of Fundamental Rights of the European Union, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the Geneva Convention; and Union data protection rules.

Amendment 39

Proposal for a regulation

Article 3 — paragraph 2 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Within the general objective set out in paragraph 1, the Instrument shall contribute — in line with the priorities identified in relevant EU Strategies, programmes
  , threat
  and risk assessments — to the following specific objectives: | 2.   Within the general objective set out in paragraph 1, the Instrument shall contribute — in line with the priorities identified in relevant Union's strategies, programmes and risk assessments — to the following specific objectives: |

Text proposed by the Commission

Amendment

2.   Within the general objective set out in paragraph 1, the Instrument shall contribute — in line with the priorities identified in relevant EU Strategies, programmes
  , threat
  and risk assessments — to the following specific objectives:

2.   Within the general objective set out in paragraph 1, the Instrument shall contribute — in line with the priorities identified in relevant Union's strategies, programmes and risk assessments — to the following specific objectives:

Amendment 40

Proposal for a regulation

Article 3 — paragraph 2 — point a — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | supporting a common visa policy to facilitate legitimate travel, ensure equal treatment of third country nationals and
  tackle
  irregular migration |

Text proposed by the Commission

Amendment

(a)

supporting a common visa policy to facilitate legitimate travel, ensure equal treatment of third country nationals and
  tackle
  irregular migration

| (a) | supporting a common visa policy to facilitate legitimate travel
  and mobility
  ,
  provide a high quality of service to visa applicants,
  ensure equal treatment
  in respect of Union citizens, on the one hand, and in respect of
  third country nationals
  on the other,
  and
  prevent
  irregular migration |
| --- | --- |

(a)

supporting a common visa policy to facilitate legitimate travel
  and mobility
  ,
  provide a high quality of service to visa applicants,
  ensure equal treatment
  in respect of Union citizens, on the one hand, and in respect of
  third country nationals
  on the other,
  and
  prevent
  irregular migration

Amendment 41

Proposal for a regulation

Article 3 — paragraph 2 — point a — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| The achievement of this objective shall be measured against indicators such as, inter alia, the
  number
  of consular posts equipped, secured and/or enhanced to ensure the efficient processing of visa applications and provide quality of service to visa applicants | The achievement of this objective shall be measured against indicators such as, inter alia, the
  percentage
  of consular posts equipped, secured and/or enhanced to ensure the efficient processing of visa applications and provide quality of service to visa applicants
  , the percentage of overstayers per nationality, the number of common visa application centres, the average length of waiting time for the visa application to be decided upon, the share of multiple entry visas and the average visa cost per consular post. |

Text proposed by the Commission

Amendment

The achievement of this objective shall be measured against indicators such as, inter alia, the
  number
  of consular posts equipped, secured and/or enhanced to ensure the efficient processing of visa applications and provide quality of service to visa applicants

The achievement of this objective shall be measured against indicators such as, inter alia, the
  percentage
  of consular posts equipped, secured and/or enhanced to ensure the efficient processing of visa applications and provide quality of service to visa applicants
  , the percentage of overstayers per nationality, the number of common visa application centres, the average length of waiting time for the visa application to be decided upon, the share of multiple entry visas and the average visa cost per consular post.

Amendment 42

Proposal for a regulation

Article 3 — paragraph 2 — point b — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | supporting borders management, to ensure, on one hand, a high level of
  protection
  of external borders and, on the other hand, the smooth crossing of the external borders in conformity with the Schengen acquis |

Text proposed by the Commission

Amendment

(b)

supporting borders management, to ensure, on one hand, a high level of
  protection
  of external borders and, on the other hand, the smooth crossing of the external borders in conformity with the Schengen acquis

| (b) | supporting
  EU integrated
  borders management,
  promoting further harmonisation and standardisation
  to ensure, on one hand, a high level of
  control
  of external borders and, on the other hand, the smooth crossing of the external borders in conformity with the Schengen acquis
  , while guaranteeing access to international protection for those needing it, in accordance with the obligations contracted by the Member States in the field of human rights, including the principle of non-refoulement. |
| --- | --- |

(b)

supporting
  EU integrated
  borders management,
  promoting further harmonisation and standardisation
  to ensure, on one hand, a high level of
  control
  of external borders and, on the other hand, the smooth crossing of the external borders in conformity with the Schengen acquis
  , while guaranteeing access to international protection for those needing it, in accordance with the obligations contracted by the Member States in the field of human rights, including the principle of non-refoulement.

Amendment 43

Proposal for a regulation

Article 3 — paragraph 2 — point b — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| The achievement of this objective shall be measured against indicators such as, inter alia,
  the development of
  equipment
  for border control and
  the apprehensions of irregular third-country nationals at the external border in correspondence with the risk of the relevant section of the external border. | The achievement of this objective shall be measured against indicators such as, inter alia,
  the number of border crossing points equipped with IT systems, communication infrastructure and
  equipment
  supporting the management of migration flows,
  the apprehensions of irregular third-country nationals at the external border in correspondence with the risk of the relevant section of the external border
  and the average waiting time at the border crossing points
  . |

Text proposed by the Commission

Amendment

The achievement of this objective shall be measured against indicators such as, inter alia,
  the development of
  equipment
  for border control and
  the apprehensions of irregular third-country nationals at the external border in correspondence with the risk of the relevant section of the external border.

The achievement of this objective shall be measured against indicators such as, inter alia,
  the number of border crossing points equipped with IT systems, communication infrastructure and
  equipment
  supporting the management of migration flows,
  the apprehensions of irregular third-country nationals at the external border in correspondence with the risk of the relevant section of the external border
  and the average waiting time at the border crossing points
  .

Amendment 44

Proposal for a regulation

Article 3 — paragraph 2 — point b a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ba) | improving border surveillance by sharing operational information between Members States and Frontex in order to reduce the loss of lives at sea and the number of irregular immigrants and increase internal security by preventing cross-border crimes, such as trafficking in human beings and the smuggling of drugs.



  The achievement of this objective shall be measured against indicators such as, inter alia, the efficiency of the intervention of search and rescue for persons attempting to cross the border illegally, the number of trafficking and smuggling actions intercepted and the number of alarms identified in the European Situational Picture. |

Text proposed by the Commission

Amendment

(ba)

improving border surveillance by sharing operational information between Members States and Frontex in order to reduce the loss of lives at sea and the number of irregular immigrants and increase internal security by preventing cross-border crimes, such as trafficking in human beings and the smuggling of drugs.

Amendment 45

Proposal for a regulation

Article 3 — paragraph 2 — last subparagraph (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Member States shall provide the Commission with the necessary information that is required for the assessment of the achievements, as measured against the indicators. The Commission shall be responsible for the assessment of the achievements. |

Text proposed by the Commission

Amendment

Member States shall provide the Commission with the necessary information that is required for the assessment of the achievements, as measured against the indicators. The Commission shall be responsible for the assessment of the achievements.

Amendment 46

Proposal for a regulation

Article 3 — paragraph 3 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | promoting the development and implementation of policies ensuring the absence of any controls on persons, whatever their nationality, when crossing the internal borders, carrying out checks on persons and monitoring efficiently the crossing of external borders; |

Text proposed by the Commission

Amendment

(a)

promoting the development and implementation of policies ensuring the absence of any controls on persons, whatever their nationality, when crossing the internal borders, carrying out checks on persons and monitoring efficiently the crossing of external borders;

| (a) | promoting the development and implementation
  and enforcement
  of policies ensuring the absence of any controls on persons, whatever their nationality, when crossing the internal borders, carrying out checks on persons and monitoring efficiently the crossing of external borders; |
| --- | --- |

(a)

promoting the development and implementation
  and enforcement
  of policies ensuring the absence of any controls on persons, whatever their nationality, when crossing the internal borders, carrying out checks on persons and monitoring efficiently the crossing of external borders;

Amendment 47

Proposal for a regulation

Article 3 — paragraph 3 — point a a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (aa) | promoting the identification, immediate assistance and referral to protection services of children at risk, including the provision of special protection and assistance to unaccompanied children; |

Text proposed by the Commission

Amendment

(aa)

promoting the identification, immediate assistance and referral to protection services of children at risk, including the provision of special protection and assistance to unaccompanied children;

Amendment 48

Proposal for a regulation

Article 3 — paragraph 3 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | gradually establishing an integrated management system for external borders, including the reinforcement of interagency co-operation between migration and law enforcement authorities of Member States at the external borders and measures within the territory and the necessary flanking measures related to document security
  and
  identity management; |

Text proposed by the Commission

Amendment

(b)

gradually establishing an integrated management system for external borders, including the reinforcement of interagency co-operation between migration and law enforcement authorities of Member States at the external borders and measures within the territory and the necessary flanking measures related to document security
  and
  identity management;

| (b) | gradually establishing an integrated management system
  , based on solidarity and responsibility among others,
  for external borders, including the reinforcement of
  the Union border checks and surveillance systems, the
  interagency co-operation between migration
  , asylum
  and law enforcement authorities of Member States at the external borders and measures within the territory
  , including in the maritime border area,
  and the necessary flanking measures related to
  saving lives at sea,
  document security, identity management
  and the interoperability of acquired technical equipment, while ensuring full compliance with Union data protection rules and full respect of the rights and principles enshrined in the Charter of Fundamental Rights of the European Union
  ; |
| --- | --- |

(b)

gradually establishing an integrated management system
  , based on solidarity and responsibility among others,
  for external borders, including the reinforcement of
  the Union border checks and surveillance systems, the
  interagency co-operation between migration
  , asylum
  and law enforcement authorities of Member States at the external borders and measures within the territory
  , including in the maritime border area,
  and the necessary flanking measures related to
  saving lives at sea,
  document security, identity management
  and the interoperability of acquired technical equipment, while ensuring full compliance with Union data protection rules and full respect of the rights and principles enshrined in the Charter of Fundamental Rights of the European Union
  ;

Amendment 49

Proposal for a regulation

Article 3 — paragraph 3 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | promoting the development and implementation of the common policy on visas and other short-stay residence permits, including consular co-operation; |

Text proposed by the Commission

Amendment

(c)

promoting the development and implementation of the common policy on visas and other short-stay residence permits, including consular co-operation;

| (c) | promoting the development and implementation of the common policy on visas and other short-stay residence permits, including consular co-operation
  and consular coverage, the promotion of common investigative practices concerning visa applications, uniform administrative procedures and decisions on visas, the development of common visa application centres, making full use of practical improvements and flexibility provided by the Visa Code
  ; |
| --- | --- |

(c)

promoting the development and implementation of the common policy on visas and other short-stay residence permits, including consular co-operation
  and consular coverage, the promotion of common investigative practices concerning visa applications, uniform administrative procedures and decisions on visas, the development of common visa application centres, making full use of practical improvements and flexibility provided by the Visa Code
  ;

Amendment 50

Proposal for a regulation

Article 3 — paragraph 3 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | setting up and running IT systems, their communication infrastructure and equipment
  supporting
  the
  management
  of
  migration flows across
  the external borders of the Union; |

Text proposed by the Commission

Amendment

(d)

setting up and running IT systems, their communication infrastructure and equipment
  supporting
  the
  management
  of
  migration flows across
  the external borders of the Union;

| (d) | setting up and running IT systems, their communication infrastructure and equipment
  that support
  the
  control
  of
  crossings at
  the external borders of the Union
  and fully respect personal data protection legislation
  ; |
| --- | --- |

(d)

setting up and running IT systems, their communication infrastructure and equipment
  that support
  the
  control
  of
  crossings at
  the external borders of the Union
  and fully respect personal data protection legislation
  ;

Amendment 51

Proposal for a regulation

Article 3 — paragraph 3 — point d a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (da) | harmonising the quality of the border management systems between the different Member States; |

Text proposed by the Commission

Amendment

(da)

harmonising the quality of the border management systems between the different Member States;

Amendment 52

Proposal for a regulation

Article 3 — paragraph 3 — point d b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (db) | reinforcing the situational awareness at the external borders and the reaction capabilities of Member States; |

Text proposed by the Commission

Amendment

(db)

reinforcing the situational awareness at the external borders and the reaction capabilities of Member States;

Amendment 53

Proposal for a regulation

Article 3 — paragraph 3 — point d c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (dc) | improving the capacity and the qualifications of all authorities and border guards operating at border-crossing points as regards the execution of their surveillance, advisory and control tasks with respect to international human rights law; |

Text proposed by the Commission

Amendment

(dc)

improving the capacity and the qualifications of all authorities and border guards operating at border-crossing points as regards the execution of their surveillance, advisory and control tasks with respect to international human rights law;

Amendment 54

Proposal for a regulation

Article 3 — paragraph 3 — point e

| Text proposed by the Commission | Amendment |
| --- | --- |
| (e) | ensuring the efficient and uniform application of the Union’s acquis on borders and visas,
  including the
  functioning of the Schengen evaluation and monitoring mechanism; |

Text proposed by the Commission

Amendment

(e)

ensuring the efficient and uniform application of the Union’s acquis on borders and visas,
  including the
  functioning of the Schengen evaluation and monitoring mechanism;

| (e) | ensuring the efficient and uniform application of the Union’s acquis on borders
  , asylum
  and visas
  , in particular by ensuring the effective
  functioning of the Schengen evaluation and monitoring mechanism; |
| --- | --- |

(e)

ensuring the efficient and uniform application of the Union’s acquis on borders
  , asylum
  and visas
  , in particular by ensuring the effective
  functioning of the Schengen evaluation and monitoring mechanism;

Amendment 55

Proposal for a regulation

Article 3 — paragraph 3 — point f

| Text proposed by the Commission | Amendment |
| --- | --- |
| (f) | reinforcing the co-operation between Member States operating in third countries as regards the flows of third-country nationals into the territory of Member States, as well as the co-operation with third countries in this regard. |

Text proposed by the Commission

Amendment

(f)

reinforcing the co-operation between Member States operating in third countries as regards the flows of third-country nationals into the territory of Member States, as well as the co-operation with third countries in this regard.

| (f) | reinforcing the co-operation between Member States operating in third countries as regards
  the funding for measures in third countries by the authorities of those countries,
  the flows of third-country nationals into the territory of Member States, as well as the co-operation with third countries in this regard
  , in full compliance with the objectives and principles of Union external action and humanitarian policy
  . |
| --- | --- |

(f)

reinforcing the co-operation between Member States operating in third countries as regards
  the funding for measures in third countries by the authorities of those countries,
  the flows of third-country nationals into the territory of Member States, as well as the co-operation with third countries in this regard
  , in full compliance with the objectives and principles of Union external action and humanitarian policy
  .

Amendment 56

Proposal for a regulation

Article 4 — paragraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Within the objectives defined in Article 3, and in the light of the agreed conclusions of the policy dialogue as provided for in Article 13 of Regulation (EU) No .../2012 [Horizontal Regulation], the Instrument shall support actions in or by Member States and in particular the following: | 1.   Within the objectives defined in Article 3, and in the light of the agreed conclusions of the policy dialogue as provided for in Article 13 of Regulation (EU) No .../2012 [Horizontal Regulation], the Instrument shall support actions in or by Member States
  , contributing to reach an adequate level of protection at its external borders in compliance with common security standards
  and in particular the following: |

Text proposed by the Commission

Amendment

1.   Within the objectives defined in Article 3, and in the light of the agreed conclusions of the policy dialogue as provided for in Article 13 of Regulation (EU) No .../2012 [Horizontal Regulation], the Instrument shall support actions in or by Member States and in particular the following:

1.   Within the objectives defined in Article 3, and in the light of the agreed conclusions of the policy dialogue as provided for in Article 13 of Regulation (EU) No .../2012 [Horizontal Regulation], the Instrument shall support actions in or by Member States
  , contributing to reach an adequate level of protection at its external borders in compliance with common security standards
  and in particular the following:

Amendment 57

Proposal for a regulation

Article 4 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | border crossing infrastructures, buildings and systems required at border crossing points and for surveillance between border crossing points and effective tackling of
  illegal
  crossing of the external borders; |

Text proposed by the Commission

Amendment

(a)

border crossing infrastructures, buildings and systems required at border crossing points and for surveillance between border crossing points and effective tackling of
  illegal
  crossing of the external borders;

| (a) | border crossing infrastructures, buildings and systems required at border crossing points and for surveillance between border crossing points and effective tackling of
  irregular
  crossing of the external borders; |
| --- | --- |

(a)

border crossing infrastructures, buildings and systems required at border crossing points and for surveillance between border crossing points and effective tackling of
  irregular
  crossing of the external borders;

Amendment 58

Proposal for a regulation

Article 4 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | operating equipment, means of transport and communication systems required for effective border control and the detection of persons, such as fixed terminals for VIS, SIS and the European Image Archiving System (FADO), including state-of-the-art technology; |

Text proposed by the Commission

Amendment

(b)

operating equipment, means of transport and communication systems required for effective border control and the detection of persons, such as fixed terminals for VIS, SIS and the European Image Archiving System (FADO), including state-of-the-art technology;

| (b) | operating equipment, means of transport and communication systems required for effective
  and secure
  border control
  , search and rescue
  and the detection of persons, such as fixed terminals for VIS, SIS and the European Image Archiving System (FADO), including state-of-the-art technology; |
| --- | --- |

(b)

operating equipment, means of transport and communication systems required for effective
  and secure
  border control
  , search and rescue
  and the detection of persons, such as fixed terminals for VIS, SIS and the European Image Archiving System (FADO), including state-of-the-art technology;

Amendment 59

Proposal for a regulation

Article 4 — paragraph 1 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | infrastructures, buildings and operating equipment required for the processing of visa applications and consular co-operation; |

Text proposed by the Commission

Amendment

(d)

infrastructures, buildings and operating equipment required for the processing of visa applications and consular co-operation;

| (d) | infrastructures, buildings and operating equipment required for the processing of visa applications and consular co-operation
  , as well as other actions aimed at improving the quality of service for the visa applicants
  ; |
| --- | --- |

(d)

infrastructures, buildings and operating equipment required for the processing of visa applications and consular co-operation
  , as well as other actions aimed at improving the quality of service for the visa applicants
  ;

Amendment 60

Proposal for a regulation

Article 4 — paragraph 1 — point d a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (da) | training regarding the use of the related systems and promotion of quality management standards; |

Text proposed by the Commission

Amendment

(da)

training regarding the use of the related systems and promotion of quality management standards;

Amendment 61

Proposal for a regulation

Article 4 — paragraph 1 — point e

| Text proposed by the Commission | Amendment |
| --- | --- |
| (e) | studies,
  pilot
  projects and actions aiming to foster interagency cooperation within Member States and between Member States, and implementing the recommendations, operational standards and best practices resulting from the operational cooperation between Member States and Union Agencies. |

Text proposed by the Commission

Amendment

(e)

studies,
  pilot
  projects and actions aiming to foster interagency cooperation within Member States and between Member States, and implementing the recommendations, operational standards and best practices resulting from the operational cooperation between Member States and Union Agencies.

| (e) | studies, projects
  , joint initiatives, trainings
  and actions
  on cross-cutting issues such as fundamental rights including child protection of third-country nationals
  aiming to foster interagency cooperation within Member States and between Member States,
  interoperability and harmonisation of border management systems,
  and implementing the recommendations, operational standards and best practices resulting from the operational cooperation between Member States and Union Agencies. |
| --- | --- |

(e)

studies, projects
  , joint initiatives, trainings
  and actions
  on cross-cutting issues such as fundamental rights including child protection of third-country nationals
  aiming to foster interagency cooperation within Member States and between Member States,
  interoperability and harmonisation of border management systems,
  and implementing the recommendations, operational standards and best practices resulting from the operational cooperation between Member States and Union Agencies.

Amendment 62

Proposal for a regulation

Article 4 — paragraph 1 — point e a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ea) | initiatives regarding the training of border guards in the protection of human rights including identification of victims of human trafficking; |

Text proposed by the Commission

Amendment

(ea)

initiatives regarding the training of border guards in the protection of human rights including identification of victims of human trafficking;

Amendment 63

Proposal for a regulation

Article 4 — paragraph 2 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Within the objectives defined in Article 3, this instrument shall support actions in relation to and in third countries and in particular the following: | 2.   Within the objectives defined in Article 3,
  and in the light of the agreed conclusions of the policy dialogue as provided for in Article 13 of Regulation (EU) No .../2012 [Horizontal Regulation],
  this instrument shall support actions in relation to and in third countries and in particular the following: |

Text proposed by the Commission

Amendment

2.   Within the objectives defined in Article 3, this instrument shall support actions in relation to and in third countries and in particular the following:

2.   Within the objectives defined in Article 3,
  and in the light of the agreed conclusions of the policy dialogue as provided for in Article 13 of Regulation (EU) No .../2012 [Horizontal Regulation],
  this instrument shall support actions in relation to and in third countries and in particular the following:

Amendment 64

Proposal for a regulation

Article 4 — paragraph 2 — point b a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ba) | projects in third countries aimed at improving surveillance systems to ensure cooperation with the EUROSUR network; |

Text proposed by the Commission

Amendment

(ba)

projects in third countries aimed at improving surveillance systems to ensure cooperation with the EUROSUR network;

Amendment 65

Proposal for a regulation

Article 4 — paragraph 2 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | studies
  , events
  , training, equipment and pilot projects to provide ad hoc technical and operational expertise to third countries; |

Text proposed by the Commission

Amendment

(c)

studies
  , events
  , training, equipment and pilot projects to provide ad hoc technical and operational expertise to third countries;

| (c) | studies, training, equipment and pilot projects to provide ad hoc technical and operational expertise to third countries; |
| --- | --- |

(c)

studies, training, equipment and pilot projects to provide ad hoc technical and operational expertise to third countries;

Amendment 66

Proposal for a regulation

Article 4 — paragraph 2 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | studies
  , events
  , training, equipment and pilot projects implementing specific recommendations, operational standards and best practices, resulting from the operational cooperation between Member States and Union agencies in third countries. |

Text proposed by the Commission

Amendment

(d)

studies
  , events
  , training, equipment and pilot projects implementing specific recommendations, operational standards and best practices, resulting from the operational cooperation between Member States and Union agencies in third countries.

| (d) | studies, training, equipment and pilot projects
  on cross-cutting issues such as fundamental rights, including child protection, of third-country nationals,
  implementing specific recommendations, operational standards and best practices, resulting from the operational cooperation between Member States and Union agencies in third countries. |
| --- | --- |

(d)

studies, training, equipment and pilot projects
  on cross-cutting issues such as fundamental rights, including child protection, of third-country nationals,
  implementing specific recommendations, operational standards and best practices, resulting from the operational cooperation between Member States and Union agencies in third countries.

Justification

While strengthening of border controls may be necessary, the particular needs of vulnerable people and groups, such as unaccompanied minors, should not be forgotten.

Amendment 67

Proposal for a regulation

Article 4 — paragraph 2 — point d a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (da) | initiatives for the training of border guards regarding the protection of human rights; |

Text proposed by the Commission

Amendment

(da)

initiatives for the training of border guards regarding the protection of human rights;

Amendment 68

Proposal for a regulation

Article 4 — paragraph 2 — subparagraph 1a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Coordination as regards actions in and in relation to third countries shall be ensured by the Commission and the Member States, together with the European External Action Service, as set out in Article 3(4a) of Regulation (EU) No ..../2013 [the Horizontal Regulation]. |

Text proposed by the Commission

Amendment

Coordination as regards actions in and in relation to third countries shall be ensured by the Commission and the Member States, together with the European External Action Service, as set out in Article 3(4a) of Regulation (EU) No ..../2013 [the Horizontal Regulation].

Amendment 69

Proposal for a regulation

Article 5 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The annual appropriations shall be authorised by the budgetary authority
  within
  the
  limits
  of the
  Financial Framework
  . | 2.   The annual appropriations
  for the Fund
  shall be authorised by the budgetary authority
  without prejudice to
  the
  provisions
  of the
  Council Regulation laying down the multiannual financial framework for the years 2014-2020 and the Interinstitutional Agreement of xxx/201z between the European Parliament, the Council and the Commission on cooperation in budgetary matters and sound financial management
  . |

Text proposed by the Commission

Amendment

2.   The annual appropriations shall be authorised by the budgetary authority
  within
  the
  limits
  of the
  Financial Framework
  .

2.   The annual appropriations
  for the Fund
  shall be authorised by the budgetary authority
  without prejudice to
  the
  provisions
  of the
  Council Regulation laying down the multiannual financial framework for the years 2014-2020 and the Interinstitutional Agreement of xxx/201z between the European Parliament, the Council and the Commission on cooperation in budgetary matters and sound financial management
  .

Amendment 70

Proposal for a regulation

Article 5 — paragraph 4 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   The budget allocated under the Instrument shall be implemented under shared management in accordance with Article 55(1)(b) of Regulation (EU) No ..../2012 [New Financial Regulation]
  , with the exception of Union actions referred to in Article 13, the emergency assistance referred to in Article 14 and the technical assistance referred to in Article 16(1)
  . | 4.   The budget allocated under the Instrument shall be implemented under
  direct management (in particular the Union actions referred to in Article 13, the emergency assistance referred to in Article 14 and the technical assistance referred to in Article 16(1)) or under
  shared management in accordance with Article 55(1)(b) of Regulation (EU) No ..../2012 [New Financial Regulation]. |

Text proposed by the Commission

Amendment

4.   The budget allocated under the Instrument shall be implemented under shared management in accordance with Article 55(1)(b) of Regulation (EU) No ..../2012 [New Financial Regulation]
  , with the exception of Union actions referred to in Article 13, the emergency assistance referred to in Article 14 and the technical assistance referred to in Article 16(1)
  .

4.   The budget allocated under the Instrument shall be implemented under
  direct management (in particular the Union actions referred to in Article 13, the emergency assistance referred to in Article 14 and the technical assistance referred to in Article 16(1)) or under
  shared management in accordance with Article 55(1)(b) of Regulation (EU) No ..../2012 [New Financial Regulation].

Justification

Implementation of the EU's budget under shared management should be the exception, not the rule.

Amendment 71

Proposal for a regulation

Article 5 — paragraph 4 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| The method(s) of implementation of the budget for the programme on the development of new IT systems shall be set out in
  the implementing act referred to in Article 15
  (
  2
  ). | The method(s) of implementation of the budget for the programme on the development of new IT systems shall be set out in
  delegated act
  (
  s
  ). |

Text proposed by the Commission

Amendment

The method(s) of implementation of the budget for the programme on the development of new IT systems shall be set out in
  the implementing act referred to in Article 15
  (
  2
  ).

The method(s) of implementation of the budget for the programme on the development of new IT systems shall be set out in
  delegated act
  (
  s
  ).

Amendment 72

Proposal for a regulation

Article 5 — paragraph 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 4a.
     
  The Commission remains responsible for the implementation of the Union budget in accordance with Article 317 TFEU and shall inform the European Parliament and the Council on the operations carried out by entities other than Member States. |

Text proposed by the Commission

Amendment

4a.
     
  The Commission remains responsible for the implementation of the Union budget in accordance with Article 317 TFEU and shall inform the European Parliament and the Council on the operations carried out by entities other than Member States.

Justification

Bringing the wording into line with the revised Financial Regulation.

Amendment 73

Proposal for a regulation

Article 5 — paragraph 5 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.   
  The
  global resources shall be used
  indicatively
  as follows: | 5.   
  Without prejudice to the prerogatives of the budgetary authority, the
  global resources shall be used as follows: |

Text proposed by the Commission

Amendment

5.   
  The
  global resources shall be used
  indicatively
  as follows:

5.   
  Without prejudice to the prerogatives of the budgetary authority, the
  global resources shall be used as follows:

Amendment 74

Proposal for a regulation

Article 6 — paragraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   
  EUR 2,000  million
  shall be allocated to the Member States
  indicatively
  as follows: | 1.   
  The 67 % of the global resources foreseen for the national programmes
  shall be allocated to the Member States as follows: |

Text proposed by the Commission

Amendment

1.   
  EUR 2,000  million
  shall be allocated to the Member States
  indicatively
  as follows:

1.   
  The 67 % of the global resources foreseen for the national programmes
  shall be allocated to the Member States as follows:

Amendment 75

Proposal for a regulation

Article 6 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | EUR 1,200  million, as indicated in Annex I
  ; |

Text proposed by the Commission

Amendment

(a)

EUR 1,200  million, as indicated in Annex I
  ;

| (a) | 34 % as follows:










  (i) | a basic amount of EUR 5 million per Member State at the beginning of the financial period; and |
| --- | --- | --- |

(a)

34 % as follows:

(i)

a basic amount of EUR 5 million per Member State at the beginning of the financial period; and

| (ii) | a variable amount per Member State calculated on the basis of the average of the amount received under Decision 574/2007/EC for the years 2011, 2012 and 2013; |
| --- | --- |

(ii)

a variable amount per Member State calculated on the basis of the average of the amount received under Decision 574/2007/EC for the years 2011, 2012 and 2013;

Amendment 76

Proposal for a regulation

Article 6 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | EUR 450 million
  , based on the results of the mechanism described in Article 7; |

Text proposed by the Commission

Amendment

(b)

EUR 450 million
  , based on the results of the mechanism described in Article 7;

| (b) | 13 %
  , based on the results of the mechanism described in Article 7; |
| --- | --- |

(b)

13 %
  , based on the results of the mechanism described in Article 7;

Amendment 77

Proposal for a regulation

Article 6 — paragraph 1 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | in the framework of the mid term review and for the period as of budget year 2018,
  EUR 350 million
  , the remainder of the available appropriations under this Article or another amount, as determined pursuant to paragraph 2, based on the results of the risk analysis and the mechanism laid down in Article 8. |

Text proposed by the Commission

Amendment

(c)

in the framework of the mid term review and for the period as of budget year 2018,
  EUR 350 million
  , the remainder of the available appropriations under this Article or another amount, as determined pursuant to paragraph 2, based on the results of the risk analysis and the mechanism laid down in Article 8.

| (c) | in the framework of the mid term review and for the period as of budget year 2018,
  10 %
  , the remainder of the available appropriations under this Article or another amount, as determined pursuant to paragraph 2, based on the results of the risk analysis and the mechanism laid down in Article 8. |
| --- | --- |

(c)

in the framework of the mid term review and for the period as of budget year 2018,
  10 %
  , the remainder of the available appropriations under this Article or another amount, as determined pursuant to paragraph 2, based on the results of the risk analysis and the mechanism laid down in Article 8.

Amendment 78

Proposal for a regulation

Article 6 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1a.
     
  The Commission shall adopt, by implementing acts, the financial decision implementing point (a) of paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 18(2). |

Text proposed by the Commission

Amendment

1a.
     
  The Commission shall adopt, by implementing acts, the financial decision implementing point (a) of paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 18(2).

Amendment 79

Proposal for a regulation

Article 6 — paragraph 1 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1b.
     
  Member States shall devote to EUROSUR the necessary funding in order to ensure the good functioning of this system. |

Text proposed by the Commission

Amendment

1b.
     
  Member States shall devote to EUROSUR the necessary funding in order to ensure the good functioning of this system.

Amendment 80

Proposal for a regulation

Article 7 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Member States may, in addition to their allocation calculated in accordance with point (a) of Article 6(1), receive an additional amount, provided that it is earmarked as such in the programme and shall be used to achieve specific actions listed in Annex II. | 1.   Member States may, in addition to their allocation calculated in accordance with point (a) of Article 6(1), receive an additional amount, provided that it is earmarked as such in the
  national
  programme and shall be used to achieve specific actions listed in Annex II. |

Text proposed by the Commission

Amendment

1.   Member States may, in addition to their allocation calculated in accordance with point (a) of Article 6(1), receive an additional amount, provided that it is earmarked as such in the programme and shall be used to achieve specific actions listed in Annex II.

1.   Member States may, in addition to their allocation calculated in accordance with point (a) of Article 6(1), receive an additional amount, provided that it is earmarked as such in the
  national
  programme and shall be used to achieve specific actions listed in Annex II.

Amendment 81

Proposal for a regulation

Article 7 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The Commission shall be empowered to adopt delegated acts in accordance with Article 17 for the revision of the specific actions listed in Annex II
  , if deemed appropriate
  . On the basis of the new specific actions, Member States may receive an additional amount as laid down in paragraph 1, subject to available resources. | 2.   The Commission shall be empowered to adopt delegated acts in accordance with Article 17 for the revision of the specific actions listed in Annex II. On the basis of the new specific actions, Member States may receive an additional amount as laid down in paragraph 1, subject to available resources
  and provided the budgetary authority is informed on time
  . |

Text proposed by the Commission

Amendment

2.   The Commission shall be empowered to adopt delegated acts in accordance with Article 17 for the revision of the specific actions listed in Annex II
  , if deemed appropriate
  . On the basis of the new specific actions, Member States may receive an additional amount as laid down in paragraph 1, subject to available resources.

2.   The Commission shall be empowered to adopt delegated acts in accordance with Article 17 for the revision of the specific actions listed in Annex II. On the basis of the new specific actions, Member States may receive an additional amount as laid down in paragraph 1, subject to available resources
  and provided the budgetary authority is informed on time
  .

Amendment 82

Proposal for a regulation

Article 8 — paragraph 1 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   In order to allocate the amount indicated in point c) of Article 6(1), by
  1 June
  2017 the Commission shall establish, on the basis of input and in consultation with the Frontex Agency, a report which, in accordance with the Frontex risk analysis, shall set up threat levels at the external borders for the period 2017-2020. Threat levels will be based on the burden in border management and on the threats that affected security at the external borders of the Member States in 2014-2016 and they will take into account inter alia possible future trends on migratory flows and unlawful activities at the external borders considering the likely political, economic and social developments in the third countries concerned, in particular in neighbouring countries. | 1.   In order to allocate the amount indicated in point (c) of Article 6(1), by
  1 January
  2017 the Commission shall establish, on the basis of input and in consultation with the Frontex Agency
  and EASO
  , a report which, in accordance with the Frontex risk analysis, shall set up threat levels at the external borders for the period 2017-2020. Threat levels will be based on the burden in border management
  , assessment reports drawn up as part of the Schengen evaluation and monitoring mechanism
  and on the threats that affected security
  and safety, including search and rescue operations at sea,
  at the external borders of the Member States in 2014-2016 and they will take into account inter alia possible future trends on migratory flows and unlawful activities at the external borders considering the likely political, economic and social developments in the third countries concerned, in particular in neighbouring countries. |

Text proposed by the Commission

Amendment

1.   In order to allocate the amount indicated in point c) of Article 6(1), by
  1 June
  2017 the Commission shall establish, on the basis of input and in consultation with the Frontex Agency, a report which, in accordance with the Frontex risk analysis, shall set up threat levels at the external borders for the period 2017-2020. Threat levels will be based on the burden in border management and on the threats that affected security at the external borders of the Member States in 2014-2016 and they will take into account inter alia possible future trends on migratory flows and unlawful activities at the external borders considering the likely political, economic and social developments in the third countries concerned, in particular in neighbouring countries.

1.   In order to allocate the amount indicated in point (c) of Article 6(1), by
  1 January
  2017 the Commission shall establish, on the basis of input and in consultation with the Frontex Agency
  and EASO
  , a report which, in accordance with the Frontex risk analysis, shall set up threat levels at the external borders for the period 2017-2020. Threat levels will be based on the burden in border management
  , assessment reports drawn up as part of the Schengen evaluation and monitoring mechanism
  and on the threats that affected security
  and safety, including search and rescue operations at sea,
  at the external borders of the Member States in 2014-2016 and they will take into account inter alia possible future trends on migratory flows and unlawful activities at the external borders considering the likely political, economic and social developments in the third countries concerned, in particular in neighbouring countries.

Amendment 83

Proposal for a regulation

Article 8 — paragraph 1 — subparagraph 2 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| The report shall determine the level of
  threat
  for each section of the external border by multiplying the length of the border section concerned with the weighing attributed to it as follows: | The report shall determine the level of
  risk
  for each section of the external border by multiplying the length of the border section concerned with the weighing attributed to it as follows: |

Text proposed by the Commission

Amendment

The report shall determine the level of
  threat
  for each section of the external border by multiplying the length of the border section concerned with the weighing attributed to it as follows:

The report shall determine the level of
  risk
  for each section of the external border by multiplying the length of the border section concerned with the weighing attributed to it as follows:

Amendment 84

Proposal for a regulation

Article 8 — paragraph 1 — subparagraph 2 — point a — point i

| Text proposed by the Commission | Amendment |
| --- | --- |
| (i) | factor 1 for normal
  threat |

Text proposed by the Commission

Amendment

(i)

factor 1 for normal
  threat

| (i) | factor 1 for normal
  risk |
| --- | --- |

(i)

factor 1 for normal
  risk

Amendment 85

Proposal for a regulation

Article 8 — paragraph 1 — subparagraph 2 — point a — point ii

| Text proposed by the Commission | Amendment |
| --- | --- |
| (ii) | factor 3 for medium
  threat |

Text proposed by the Commission

Amendment

(ii)

factor 3 for medium
  threat

| (ii) | factor 3 for medium
  risk |
| --- | --- |

(ii)

factor 3 for medium
  risk

Amendment 86

Proposal for a regulation

Article 8 — paragraph 1 — subparagraph 2 — point a — point iii

| Text proposed by the Commission | Amendment |
| --- | --- |
| (iii) | factor 5 for high
  threat
  ; |

Text proposed by the Commission

Amendment

(iii)

factor 5 for high
  threat
  ;

| (iii) | factor 5 for high
  risk
  ; |
| --- | --- |

(iii)

factor 5 for high
  risk
  ;

Amendment 87

Proposal for a regulation

Article 8 — paragraph 1 — subparagraph 2 — point b — point i

| Text proposed by the Commission | Amendment |
| --- | --- |
| (i) | factor 1 for normal
  threat |

Text proposed by the Commission

Amendment

(i)

factor 1 for normal
  threat

| (i) | factor 1 for normal
  risk |
| --- | --- |

(i)

factor 1 for normal
  risk

Amendment 88

Proposal for a regulation

Article 8 — paragraph 1 — subparagraph 2 — point b — point ii

| Text proposed by the Commission | Amendment |
| --- | --- |
| (ii) | factor 3 for medium
  threat |

Text proposed by the Commission

Amendment

(ii)

factor 3 for medium
  threat

| (ii) | factor 3 for medium
  risk |
| --- | --- |

(ii)

factor 3 for medium
  risk

Amendment 89

Proposal for a regulation

Article 8 — paragraph 1 — subparagraph 2 — point b — point iii

| Text proposed by the Commission | Amendment |
| --- | --- |
| (iii) | factor 5 for high
  threat
  . |

Text proposed by the Commission

Amendment

(iii)

factor 5 for high
  threat
  .

| (iii) | factor 5 for high
  risk
  . |
| --- | --- |

(iii)

factor 5 for high
  risk
  .

Amendment 90

Proposal for a regulation

Article 8 — paragraph 1 — subparagraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| On the basis of the report, the Commission shall determine which Member States will receive an additional amount. Those Member States which have an increased
  threat
  level in comparison to the
  threat level established
  for the calculation made for the budget year 2013 under Decision 574/2007/EC will receive pro rata additional resources. | On the basis of the report,
  and after informing
  the
  European Parliament, the
  Commission shall determine which Member States will receive an additional amount. Those Member States which have an increased level
  of risk
  in comparison to the
  risks identified
  for the calculation made for the budget year 2013 under Decision No 574/2007/EC will receive pro rata additional resources. |

Text proposed by the Commission

Amendment

On the basis of the report, the Commission shall determine which Member States will receive an additional amount. Those Member States which have an increased
  threat
  level in comparison to the
  threat level established
  for the calculation made for the budget year 2013 under Decision 574/2007/EC will receive pro rata additional resources.

On the basis of the report,
  and after informing
  the
  European Parliament, the
  Commission shall determine which Member States will receive an additional amount. Those Member States which have an increased level
  of risk
  in comparison to the
  risks identified
  for the calculation made for the budget year 2013 under Decision No 574/2007/EC will receive pro rata additional resources.

Amendment 91

Proposal for a regulation

Article 8 — paragraph 2 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | external maritime borders shall mean the outer limit of the territorial sea of the Member States as defined according to Articles 4 to 16 of the United Nations Convention on the Law of the Sea. However, in cases where long range operations on a regular basis are required in
  order to prevent irregular migration/illegal entry,
  this
  shall
  be the outer limit of
  high threat areas
  . This shall be determined by taking into account the relevant data on these operations in 2014-2016 as provided by the Member States in question. |

Text proposed by the Commission

Amendment

(b)

external maritime borders shall mean the outer limit of the territorial sea of the Member States as defined according to Articles 4 to 16 of the United Nations Convention on the Law of the Sea. However, in cases where long range operations on a regular basis are required in
  order to prevent irregular migration/illegal entry,
  this
  shall
  be the outer limit of
  high threat areas
  . This shall be determined by taking into account the relevant data on these operations in 2014-2016 as provided by the Member States in question.

| (b) | external maritime borders shall mean the outer limit of the territorial sea of the Member States as defined according to Articles 4 to 16 of the United Nations Convention on the Law of the Sea. However, in cases where long range operations on a regular basis are required in
  high risk areas
  , this
  may
  be the outer limit of
  a contiguous zone as defined in Article 33 of the United Nations Convention on the Law of the Sea
  . This shall be determined by taking into account the relevant data on these operations in 2014-2016 as provided by the Member States in question. |
| --- | --- |

(b)

external maritime borders shall mean the outer limit of the territorial sea of the Member States as defined according to Articles 4 to 16 of the United Nations Convention on the Law of the Sea. However, in cases where long range operations on a regular basis are required in
  high risk areas
  , this
  may
  be the outer limit of
  a contiguous zone as defined in Article 33 of the United Nations Convention on the Law of the Sea
  . This shall be determined by taking into account the relevant data on these operations in 2014-2016 as provided by the Member States in question.

Amendment 92

Proposal for a regulation

Article 8 — paragraph 3 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| To that end, the Commission shall be empowered to adopt delegated acts in accordance with Article 17 for the revision of the specific actions listed in Annex II. | deleted |

Text proposed by the Commission

Amendment

To that end, the Commission shall be empowered to adopt delegated acts in accordance with Article 17 for the revision of the specific actions listed in Annex II.

deleted

Justification

This part is deleted because the same text already exists in Article 7(2).

Amendment 93

Proposal for a regulation

Article 9 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The national programme to be prepared under this Instrument and
  those
  to be prepared under Regulation No .../2012/EU establishing as part of the Internal Security Fund, the instrument for financial support for police co-operation, preventing and combating crime, and crisis management shall be drawn up jointly by Member States and proposed to the Commission as one single national programme for the Fund and in accordance with Article 14 of Regulation (EU) No ..../2012 [Horizontal Regulation]. | 1.   The national programme to be prepared
  , on the basis of the conclusions of the policy dialogue referred to in Article 13 of Regulation(EU) No ..../2012 [Horizontal Regulation],
  under this Instrument and
  that
  to be prepared under Regulation No .../2012/EU establishing as part of the Internal Security Fund, the instrument for financial support for police co-operation, preventing and combating crime, and crisis management shall be drawn up jointly by Member States and proposed to the Commission as one single national programme for the Fund and in accordance with Article 14 of Regulation (EU) No ..../2012 [Horizontal Regulation]. |

Text proposed by the Commission

Amendment

1.   The national programme to be prepared under this Instrument and
  those
  to be prepared under Regulation No .../2012/EU establishing as part of the Internal Security Fund, the instrument for financial support for police co-operation, preventing and combating crime, and crisis management shall be drawn up jointly by Member States and proposed to the Commission as one single national programme for the Fund and in accordance with Article 14 of Regulation (EU) No ..../2012 [Horizontal Regulation].

1.   The national programme to be prepared
  , on the basis of the conclusions of the policy dialogue referred to in Article 13 of Regulation(EU) No ..../2012 [Horizontal Regulation],
  under this Instrument and
  that
  to be prepared under Regulation No .../2012/EU establishing as part of the Internal Security Fund, the instrument for financial support for police co-operation, preventing and combating crime, and crisis management shall be drawn up jointly by Member States and proposed to the Commission as one single national programme for the Fund and in accordance with Article 14 of Regulation (EU) No ..../2012 [Horizontal Regulation].

Amendment 94

Proposal for a regulation

Article 9 — paragraph 2 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | supporting and expanding the existing capacity at national level in the management of the external borders, bearing in mind inter alia
  new technology
  , developments and/or standards in relation to the management of migration flows; |

Text proposed by the Commission

Amendment

(b)

supporting and expanding the existing capacity at national level in the management of the external borders, bearing in mind inter alia
  new technology
  , developments and/or standards in relation to the management of migration flows;

| (b) | supporting and expanding the existing capacity at national level in
  visa policy and in
  the management of the external borders,
  with a view to prevent irregular migration and lives lost at sea, and to facilitate legitimate travel, including border crossings by persons in need of international protection,
  bearing in mind inter alia, developments and/or standards in relation to the management of migration flows; |
| --- | --- |

(b)

supporting and expanding the existing capacity at national level in
  visa policy and in
  the management of the external borders,
  with a view to prevent irregular migration and lives lost at sea, and to facilitate legitimate travel, including border crossings by persons in need of international protection,
  bearing in mind inter alia, developments and/or standards in relation to the management of migration flows;

Amendment 95

Proposal for a regulation

Article 9 — paragraph 2 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | supporting the further development of the management of migration flows by consular and other services of the Member State in third countries, with a view to facilitating
  legitimate
  travel
  to
  and preventing irregular migration into the Union; |

Text proposed by the Commission

Amendment

(c)

supporting the further development of the management of migration flows by consular and other services of the Member State in third countries, with a view to facilitating
  legitimate
  travel
  to
  and preventing irregular migration into the Union;

| (c) | supporting the further development of the management of migration flows by consular and other services of the Member State in third countries, with a view to facilitating travel
  in accordance with the law of the Union or the Member State concerned
  and preventing irregular migration into the Union; |
| --- | --- |

(c)

supporting the further development of the management of migration flows by consular and other services of the Member State in third countries, with a view to facilitating travel
  in accordance with the law of the Union or the Member State concerned
  and preventing irregular migration into the Union;

Justification

The term ‘legitimate’ is ambiguous and it is necessary to be more precise.

Amendment 96

Proposal for a regulation

Article 9 — paragraph 2 — point d a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (da) | developing projects following the recommendation of the relevant Union agencies, with a view to ensure a uniform and high-quality external border control and aiming at standardisation and interoperability of border management systems between Member States; |

Text proposed by the Commission

Amendment

(da)

developing projects following the recommendation of the relevant Union agencies, with a view to ensure a uniform and high-quality external border control and aiming at standardisation and interoperability of border management systems between Member States;

Amendment 97

Proposal for a regulation

Article 9 — paragraph 2 — point d b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (db) | supporting actions, under supervision and coordination of the Frontex Agency, aimed at harmonising at Union level the technological capabilities of the external border management; |

Text proposed by the Commission

Amendment

(db)

supporting actions, under supervision and coordination of the Frontex Agency, aimed at harmonising at Union level the technological capabilities of the external border management;

Amendment 98

Proposal for a regulation

Article 9 — paragraph 2 — point e a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ea) | ensuring the full compliance with international and European obligations, including human rights obligations and the monitoring thereof, in close cooperation with third countries and civil society; |

Text proposed by the Commission

Amendment

(ea)

ensuring the full compliance with international and European obligations, including human rights obligations and the monitoring thereof, in close cooperation with third countries and civil society;

Amendment 99

Proposal for a regulation

Article 9 — paragraph 2 — point f

| Text proposed by the Commission | Amendment |
| --- | --- |
| (f) | increasing
  the capacity to face upcoming challenges including present and future threats and pressures at the external borders of the Union, taking into account in particular the Frontex risk analysis. |

Text proposed by the Commission

Amendment

(f)

increasing
  the capacity to face upcoming challenges including present and future threats and pressures at the external borders of the Union, taking into account in particular the Frontex risk analysis.

| (f) | building
  the capacity to face upcoming challenges including present and future threats and pressures at the external borders of the Union, taking into account in particular the Frontex risk analysis. |
| --- | --- |

(f)

building
  the capacity to face upcoming challenges including present and future threats and pressures at the external borders of the Union, taking into account in particular the Frontex risk analysis.

Amendment 100

Proposal for a regulation

Article 10 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   A Member State may use up to
  50 %
  of the amount allocated under the Instrument to its national programme to finance operating support to the public authorities responsible for accomplishing the tasks and services which constitute a public service for the Union. These tasks and services relate to the one or more of the objectives referred to in Article 3
  (2)
  (a), (c) and (d). | 1.   A Member State may use up to
  30 %
  of the amount allocated under the Instrument to its national programme to finance operating support to the public authorities responsible for accomplishing the tasks and services which constitute a public service for the Union. These tasks and services relate to the one or more of the objectives referred to in Article 3
  (3)
  (a),
  (b),
  (c) and (d). |

Text proposed by the Commission

Amendment

1.   A Member State may use up to
  50 %
  of the amount allocated under the Instrument to its national programme to finance operating support to the public authorities responsible for accomplishing the tasks and services which constitute a public service for the Union. These tasks and services relate to the one or more of the objectives referred to in Article 3
  (2)
  (a), (c) and (d).

1.   A Member State may use up to
  30 %
  of the amount allocated under the Instrument to its national programme to finance operating support to the public authorities responsible for accomplishing the tasks and services which constitute a public service for the Union. These tasks and services relate to the one or more of the objectives referred to in Article 3
  (3)
  (a),
  (b),
  (c) and (d).

Amendment 101

Proposal for a regulation

Article 10 — paragraph 2 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | compliance with the Union acquis on borders and visa; |

Text proposed by the Commission

Amendment

(a)

compliance with the Union acquis on borders and visa;

| (a) | compliance with the Union acquis on borders
  , asylum
  and visa; |
| --- | --- |

(a)

compliance with the Union acquis on borders
  , asylum
  and visa;

Amendment 102

Proposal for a regulation

Article 10 — paragraph 2 — point a a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (aa) | compliance with the objectives of the national programme; |

Text proposed by the Commission

Amendment

(aa)

compliance with the objectives of the national programme;

Amendment 103

Proposal for a regulation

Article 10 — paragraph 2 — point a b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ab) | compliance with a list of priorities defined by the Frontex Agency in order to reach the common security standards and ensure coordination between Member States, avoid duplication, fragmentation and cost inefficiency in the border control domain; |

Text proposed by the Commission

Amendment

(ab)

compliance with a list of priorities defined by the Frontex Agency in order to reach the common security standards and ensure coordination between Member States, avoid duplication, fragmentation and cost inefficiency in the border control domain;

Amendment 104

Proposal for a regulation

Article 10 — paragraph 5 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 5a.
     
  If shortcomings are identified through the Schengen evaluation mechanism, operational support shall be suspended and these resources may be reallocated with a view to remedying the shortcomings identified in accordance with the provisions of Article 12 of that Regulation. |

Text proposed by the Commission

Amendment

5a.
     
  If shortcomings are identified through the Schengen evaluation mechanism, operational support shall be suspended and these resources may be reallocated with a view to remedying the shortcomings identified in accordance with the provisions of Article 12 of that Regulation.

Amendment 105

Proposal for a regulation

Article 10 — paragraph 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| 6.   The Commission shall set out, by
  implementing
  acts, reporting procedures on the application of this provision and any other practical arrangements, to be made between Member States and the Commission to comply with this Article. Those
  implementing
  acts shall be adopted in accordance with
  the examination procedure referred to in
  Article
  18(2)
  . | 6.   The Commission shall set out, by
  delegated
  acts, reporting procedures on the application of this provision and any other practical arrangements, to be made between Member States and the Commission to comply with this Article. Those
  delegated
  acts shall be adopted in accordance with Article
  17
  . |

Text proposed by the Commission

Amendment

6.   The Commission shall set out, by
  implementing
  acts, reporting procedures on the application of this provision and any other practical arrangements, to be made between Member States and the Commission to comply with this Article. Those
  implementing
  acts shall be adopted in accordance with
  the examination procedure referred to in
  Article
  18(2)
  .

6.   The Commission shall set out, by
  delegated
  acts, reporting procedures on the application of this provision and any other practical arrangements, to be made between Member States and the Commission to comply with this Article. Those
  delegated
  acts shall be adopted in accordance with Article
  17
  .

Amendment 106

Proposal for a regulation

Article 10 — paragraph 6 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 6a.
     
  The Frontex Agency shall ensure coordination between Member States as regards the activities financed under the operating support. |

Text proposed by the Commission

Amendment

6a.
     
  The Frontex Agency shall ensure coordination between Member States as regards the activities financed under the operating support.

Amendment 107

Proposal for a regulation

Article 11 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The resources allocated to Lithuania pursuant to paragraph 1 shall not exceed
  EUR 150 million
  for the period 2014-2020 and shall be made available as additional specific operating support for Lithuania. | 2.   The resources allocated to Lithuania pursuant to paragraph 1 shall not exceed
  4 % of the global resources
  for the period 2014-2020 and shall be made available as additional specific operating support for Lithuania. |

Text proposed by the Commission

Amendment

2.   The resources allocated to Lithuania pursuant to paragraph 1 shall not exceed
  EUR 150 million
  for the period 2014-2020 and shall be made available as additional specific operating support for Lithuania.

2.   The resources allocated to Lithuania pursuant to paragraph 1 shall not exceed
  4 % of the global resources
  for the period 2014-2020 and shall be made available as additional specific operating support for Lithuania.

Amendment 108

Proposal for a regulation

Article 12 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Following a Schengen evaluation report, as adopted in accordance with the Regulation on the establishment of an evaluation and monitoring mechanism to verify the application of the Schengen acquis, the Member State concerned shall examine, together with the Commission and the Frontex Agency, where appropriate, how to address the
  findings
  and implement the recommendations within the framework of its national programme. | Following a Schengen evaluation report, as adopted in accordance with the Regulation on the establishment of an evaluation and monitoring mechanism to verify the application of the Schengen acquis, the Member State concerned shall examine, together with the Commission and the Frontex Agency, where appropriate, how to address the
  deficiencies
  and implement the recommendations within the framework of its national programme. |

Text proposed by the Commission

Amendment

Following a Schengen evaluation report, as adopted in accordance with the Regulation on the establishment of an evaluation and monitoring mechanism to verify the application of the Schengen acquis, the Member State concerned shall examine, together with the Commission and the Frontex Agency, where appropriate, how to address the
  findings
  and implement the recommendations within the framework of its national programme.

Following a Schengen evaluation report, as adopted in accordance with the Regulation on the establishment of an evaluation and monitoring mechanism to verify the application of the Schengen acquis, the Member State concerned shall examine, together with the Commission and the Frontex Agency, where appropriate, how to address the
  deficiencies
  and implement the recommendations within the framework of its national programme.

Amendment 109

Proposal for a regulation

Article 12 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| Where necessary,
  a Member State shall revise its national programme to take into account the findings and recommendations. | A Member State shall revise its national programme to take into account the findings and recommendations. |

Text proposed by the Commission

Amendment

Where necessary,
  a Member State shall revise its national programme to take into account the findings and recommendations.

A Member State shall revise its national programme to take into account the findings and recommendations.

Amendment 110

Proposal for a regulation

Article 12 — subparagraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| In dialogue with the Commission and the Frontex Agency,
  where appropriate, it
  shall reallocate resources under its programme, including
  , where necessary,
  those programmed for operating support, and/or introduce or amend actions aiming to remedy the weaknesses in accordance with the findings and recommendations of the Schengen evaluation report. | Particular attention shall be paid to the financing of corrective actions.
  In dialogue with the Commission and the Frontex Agency,
  the Member State concerned
  shall reallocate resources under its programme, including those programmed for operating support, and/or introduce or amend actions aiming to remedy the weaknesses in accordance with the findings and recommendations of the Schengen evaluation report.
  Any additional costs shall be eligible for financing under the Instrument. |

Text proposed by the Commission

Amendment

In dialogue with the Commission and the Frontex Agency,
  where appropriate, it
  shall reallocate resources under its programme, including
  , where necessary,
  those programmed for operating support, and/or introduce or amend actions aiming to remedy the weaknesses in accordance with the findings and recommendations of the Schengen evaluation report.

Particular attention shall be paid to the financing of corrective actions.
  In dialogue with the Commission and the Frontex Agency,
  the Member State concerned
  shall reallocate resources under its programme, including those programmed for operating support, and/or introduce or amend actions aiming to remedy the weaknesses in accordance with the findings and recommendations of the Schengen evaluation report.
  Any additional costs shall be eligible for financing under the Instrument.

Amendment 111

Proposal for a regulation

Article 13 — paragraph 2 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | to improve the knowledge and understanding of the situation prevailing in the Member States through analysis, evaluation and close monitoring of policies; |

Text proposed by the Commission

Amendment

(b)

to improve the knowledge and understanding of the situation prevailing in the Member States through analysis, evaluation and close monitoring of policies;

| (b) | to improve the knowledge and understanding of the situation prevailing in the Member States
  and third countries
  through analysis, evaluation and close monitoring of policies; |
| --- | --- |

(b)

to improve the knowledge and understanding of the situation prevailing in the Member States
  and third countries
  through analysis, evaluation and close monitoring of policies;

Amendment 112

Proposal for a regulation

Article 13 — paragraph 2 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | to support the development of statistical tools and methods and common indicators; |

Text proposed by the Commission

Amendment

(c)

to support the development of statistical tools and methods and common indicators;

| (c) | to support the development of
  common
  statistical tools and methods and common indicators; |
| --- | --- |

(c)

to support the development of
  common
  statistical tools and methods and common indicators;

Amendment 113

Proposal for a regulation

Article 13 — paragraph 2 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | to support and monitor the implementation of Union law and Union policy objectives in the Member States, and assess their effectiveness and impact; |

Text proposed by the Commission

Amendment

(d)

to support and monitor the implementation of Union law and Union policy objectives in the Member States, and assess their effectiveness and impact;

| (d) | to support and monitor the implementation of Union law and Union policy objectives in the Member States, and assess their effectiveness and impact
  , including with regard to the respect of human rights and fundamental freedoms
  ; |
| --- | --- |

(d)

to support and monitor the implementation of Union law and Union policy objectives in the Member States, and assess their effectiveness and impact
  , including with regard to the respect of human rights and fundamental freedoms
  ;

Amendment 114

Proposal for a regulation

Article 13 — paragraph 2 — point e

| Text proposed by the Commission | Amendment |
| --- | --- |
| (e) | to promote networking, mutual learning, identification and dissemination of
  good
  practices and innovative approaches at European level; |

Text proposed by the Commission

Amendment

(e)

to promote networking, mutual learning, identification and dissemination of
  good
  practices and innovative approaches at European level;

| (e) | to promote networking, mutual learning, identification and dissemination of
  best
  practices and innovative approaches
  amongst different stakeholders
  at European level; |
| --- | --- |

(e)

to promote networking, mutual learning, identification and dissemination of
  best
  practices and innovative approaches
  amongst different stakeholders
  at European level;

Amendment 115

Proposal for a regulation

Article 13 — paragraph 2 — point e a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ea) | to promote projects aiming at standardisation, harmonisation and interoperability with a view to developing an integrated European border management system; |

Text proposed by the Commission

Amendment

(ea)

to promote projects aiming at standardisation, harmonisation and interoperability with a view to developing an integrated European border management system;

Amendment 116

Proposal for a regulation

Article 13 — paragraph 2 — point g

| Text proposed by the Commission | Amendment |
| --- | --- |
| (g) | to boost the capacity of European networks to promote, support and further develop Union policies and objectives; |

Text proposed by the Commission

Amendment

(g)

to boost the capacity of European networks to promote, support and further develop Union policies and objectives;

| (g) | to boost the capacity of European networks to
  assess,
  promote, support and further develop Union policies and objectives; |
| --- | --- |

(g)

to boost the capacity of European networks to
  assess,
  promote, support and further develop Union policies and objectives;

Amendment 117

Proposal for a regulation

Article 13 — paragraph 2 — point i a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ia) | to support coordinating activities and information sharing between EUROPOL, the Frontex Agency and the Agency for the Operational Management of Large-Scale IT-Systems. |

Text proposed by the Commission

Amendment

(ia)

to support coordinating activities and information sharing between EUROPOL, the Frontex Agency and the Agency for the Operational Management of Large-Scale IT-Systems.

Amendment 118

Proposal for a regulation

Article 15 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   
  The indicative amount allocated for
  the programme on the development of the new IT systems
  managing the movement of third-country nationals across borders is set at EUR 1,100  million. The programme
  shall be implemented in accordance with the Union legislation defining the new IT systems and their communication infrastructure with the aim, in particular, to improving the management and control of travel flows at the external borders by reinforcing checks while speeding up border crossings for regular travellers. | 1.   The programme on the development of the new IT systems
  may build on existing structures and
  shall be implemented in accordance with the Union legislation defining the new IT systems and their communication infrastructure with the aim, in particular, to improving the management and control of travel flows at the external borders by reinforcing checks while speeding up border crossings for regular travellers
  and ensuring synergies with existing IT systems and avoiding double spending
  . |

Text proposed by the Commission

Amendment

1.   
  The indicative amount allocated for
  the programme on the development of the new IT systems
  managing the movement of third-country nationals across borders is set at EUR 1,100  million. The programme
  shall be implemented in accordance with the Union legislation defining the new IT systems and their communication infrastructure with the aim, in particular, to improving the management and control of travel flows at the external borders by reinforcing checks while speeding up border crossings for regular travellers.

1.   The programme on the development of the new IT systems
  may build on existing structures and
  shall be implemented in accordance with the Union legislation defining the new IT systems and their communication infrastructure with the aim, in particular, to improving the management and control of travel flows at the external borders by reinforcing checks while speeding up border crossings for regular travellers
  and ensuring synergies with existing IT systems and avoiding double spending
  .

Amendment 119

Proposal for a regulation

Article 15 — paragraph 2 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| The main actions to be carried out should cover in particular, the development and testing of the central component and of the applications common to the national components of the systems, the communication infrastructure between central and national components, the coordination for putting them into operation, and the security management of the systems. | The main actions to be carried out should cover in particular, the development and testing of the central component and of the applications common to the national components of the systems, the communication infrastructure between central and national components, the coordination for putting them into operation,
  the coordination and the interoperability with the other IT systems in the field of border management,
  and the security management of the systems. |

Text proposed by the Commission

Amendment

The main actions to be carried out should cover in particular, the development and testing of the central component and of the applications common to the national components of the systems, the communication infrastructure between central and national components, the coordination for putting them into operation, and the security management of the systems.

The main actions to be carried out should cover in particular, the development and testing of the central component and of the applications common to the national components of the systems, the communication infrastructure between central and national components, the coordination for putting them into operation,
  the coordination and the interoperability with the other IT systems in the field of border management,
  and the security management of the systems.

Amendment 120

Proposal for a regulation

Article 15 — paragraph 2 — subparagraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Commission shall adopt
  , by implementing
  acts, the strategic framework and any revisions.
  Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 18(2)
  . | The Commission shall adopt
  delegated
  acts
  in accordance with Article 17 concerning
  the strategic framework and any revisions. |

Text proposed by the Commission

Amendment

The Commission shall adopt
  , by implementing
  acts, the strategic framework and any revisions.
  Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 18(2)
  .

The Commission shall adopt
  delegated
  acts
  in accordance with Article 17 concerning
  the strategic framework and any revisions.

Amendment 121

Proposal for a regulation

Article 15 — paragraph 2 — subparagraph 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | The Commission shall inform the European Parliament and the Council of progress in developing new IT systems at least once a year and whenever appropriate. |

Text proposed by the Commission

Amendment

The Commission shall inform the European Parliament and the Council of progress in developing new IT systems at least once a year and whenever appropriate.

Amendment 122

Proposal for a regulation

Article 17 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The delegation of power referred to in this Regulation shall be conferred on the Commission for a period of seven years from the entry into force of this Regulation.
  The delegation of powers shall be tacitly extended for periods of identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. | 2.   The delegation of power referred to in this Regulation shall be conferred on the Commission for a period of seven years from the entry into force of this Regulation. |

Text proposed by the Commission

Amendment

2.   The delegation of power referred to in this Regulation shall be conferred on the Commission for a period of seven years from the entry into force of this Regulation.
  The delegation of powers shall be tacitly extended for periods of identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

2.   The delegation of power referred to in this Regulation shall be conferred on the Commission for a period of seven years from the entry into force of this Regulation.

Amendment 123

Proposal for a regulation

Article 17 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.   A delegated act adopted pursuant to this Regulation shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of
  two
  months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by
  two
  months at the initiative of the European Parliament or the Council. | 5.   A delegated act adopted pursuant to this Regulation shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of
  three
  months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by
  three
  months at the initiative of the European Parliament or the Council. |

Text proposed by the Commission

Amendment

5.   A delegated act adopted pursuant to this Regulation shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of
  two
  months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by
  two
  months at the initiative of the European Parliament or the Council.

5.   A delegated act adopted pursuant to this Regulation shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of
  three
  months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by
  three
  months at the initiative of the European Parliament or the Council.

Amendment 124

Proposal for a regulation

Article 22

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article
  21 | Article
  22 |
| Review | Review |
| On the basis of a proposal of
  the Commission
  , the European Parliament and the Council shall review
  this Regulation
  by 30 June 2020 at the latest
  . | By 30 June 2018,
  the Commission
  shall propose a revision of
  this Regulation
  for the new financial period. |

Text proposed by the Commission

Amendment

Article
  21

Article
  22

Review

Review

On the basis of a proposal of
  the Commission
  , the European Parliament and the Council shall review
  this Regulation
  by 30 June 2020 at the latest
  .

By 30 June 2018,
  the Commission
  shall propose a revision of
  this Regulation
  for the new financial period.

Amendment 125

Proposal for a regulation

Annex I

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Annex deleted |

Text proposed by the Commission

Amendment

Annex deleted

Amendment 126

Proposal for a regulation

Annex III — Objective 1 — indent 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| — | staff
  cost |

Text proposed by the Commission

Amendment

—

staff
  cost

| — | staff
  costs, including for training |
| --- | --- |

—

staff
  costs, including for training

Amendment 127

Proposal for a regulation

Annex III — Objective 2 — indent 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| — | staff
  cost |

Text proposed by the Commission

Amendment

—

staff
  cost

| — | staff
  costs, including for training |
| --- | --- |

—

staff
  costs, including for training

Amendment 128

Proposal for a regulation

Annex III — Objective 3 — indent 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| — | staff
  cost |

Text proposed by the Commission

Amendment

—

staff
  cost

| — | staff
  costs, including for training |
| --- | --- |

—

staff
  costs, including for training

Amendment 129

Proposal for a regulation

Annex III — paragraph 3 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| Objective 3: setting up and running IT systems, their communication infrastructure and equipment supporting the management of migration flows across the external borders of the Union | Objective 3: setting up and running
  secure
  IT systems, their communication infrastructure and equipment supporting the management of migration flows across the external borders of the Union |

Text proposed by the Commission

Amendment

Objective 3: setting up and running IT systems, their communication infrastructure and equipment supporting the management of migration flows across the external borders of the Union

Objective 3: setting up and running
  secure
  IT systems, their communication infrastructure and equipment supporting the management of migration flows across the external borders of the Union

Amendment 130

Proposal for a regulation

Annex III — paragraph 3 — indent 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| — | communication infrastructure and security related matters |

Text proposed by the Commission

Amendment

—

communication infrastructure and security related matters

| — | communication infrastructure and security
  as well as data protection
  related matters |
| --- | --- |

—

communication infrastructure and security
  as well as data protection
  related matters

---

(1)  
  Texts adopted, P7_TA(2011)0266.

(2)  
  Texts adopted, P7_TA(2011)0266.

---

| 30.12.2015 | EN | Official Journal of the European Union | C 440/238 |
| --- | --- | --- | --- |

30.12.2015

EN

Official Journal of the European Union

C 440/238

---

P7_TA(2013)0020

Asylum and Migration Fund (Decision on the opening of interinstitutional negotiations)

European Parliament decision of 17 January 2013 on the opening of, and mandate for, interinstitutional negotiations on the proposal for a regulation of the European Parliament and of the Council establishing the Asylum and Migration Fund (COM(2011)0751 — C7-0443/2011 — 2011/0366(COD) — (2013/2504(RSP))

(2015/C 440/30)

The European Parliament,

| — | having regard to the proposal of the Committee on Civil Liberties, Justice and Home Affairs, |
| --- | --- |

—

having regard to the proposal of the Committee on Civil Liberties, Justice and Home Affairs,

| — | having regard to Rules 70(2) and 70a of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 70(2) and 70a of its Rules of Procedure,

decides to open interinstitutional negotiations on the basis of the following mandate:

MANDATE

Amendment 1

Draft legislative resolution

Citation 6 a (new)

| Draft legislative resolution | Amendment |
| --- | --- |
| | — | having regard to its resolution of 18 May 2010 on the establishment of a joint EU resettlement programme



   (1)



  namely the paragraphs on the creation of a European Resettlement Unit; |

Draft legislative resolution

Amendment

—

having regard to its resolution of 18 May 2010 on the establishment of a joint EU resettlement programme



   (1)



  namely the paragraphs on the creation of a European Resettlement Unit;

Amendment 2

Draft legislative resolution

Paragraph 1 a (new)

| Draft legislative resolution | Amendment |
| --- | --- |
| | 1a.
     
  Points out that the financial envelope specified in the legislative proposal constitutes only an indication to the legislative authority and cannot be fixed until agreement is reached on the proposal for a regulation laying down the multiannual financial framework for the years 2014-2020; |

Draft legislative resolution

Amendment

1a.
     
  Points out that the financial envelope specified in the legislative proposal constitutes only an indication to the legislative authority and cannot be fixed until agreement is reached on the proposal for a regulation laying down the multiannual financial framework for the years 2014-2020;

Amendment 3

Draft legislative resolution

Paragraph 1 b (new)

| Draft legislative resolution | Amendment |
| --- | --- |
| | 1b.
     
  Recalls its resolution of 8 June 2011 on ‘Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe’



   (2)



  ; reiterates that sufficient additional resources are needed in the next MFF in order to enable the Union to fulfil its existing policy priorities and the new tasks provided for in the Treaty of Lisbon, as well as to respond to unforeseen events; points out that even with an increase in the level of resources for the next MFF of at least 5 % compared to the 2013 level only a limited contribution can be made to the achievement of the Union’s agreed objectives and commitments and the principle of Union solidarity; challenges the Council, if it does not share this approach, to clearly identify which of its political priorities or projects could be dropped altogether, despite their proven European added value; |

Draft legislative resolution

Amendment

1b.
     
  Recalls its resolution of 8 June 2011 on ‘Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe’



   (2)



  ; reiterates that sufficient additional resources are needed in the next MFF in order to enable the Union to fulfil its existing policy priorities and the new tasks provided for in the Treaty of Lisbon, as well as to respond to unforeseen events; points out that even with an increase in the level of resources for the next MFF of at least 5 % compared to the 2013 level only a limited contribution can be made to the achievement of the Union’s agreed objectives and commitments and the principle of Union solidarity; challenges the Council, if it does not share this approach, to clearly identify which of its political priorities or projects could be dropped altogether, despite their proven European added value;

Amendment 4

Draft legislative resolution

Paragraph 1 c (new)

| Draft legislative resolution | Amendment |
| --- | --- |
| | 1c.
     
  Emphasises that, in view of the tasks already identified and concluded by the Union, the Commission needs to reflect those policy priorities in a foresighted and adequate manner in the proposal; |

Draft legislative resolution

Amendment

1c.
     
  Emphasises that, in view of the tasks already identified and concluded by the Union, the Commission needs to reflect those policy priorities in a foresighted and adequate manner in the proposal;

Amendment 5

Proposal for a regulation

Citation 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 78(2)
  and
  79(2) and (4) thereof, | Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 78(2), 79(2) and (4)
  , and 80
  thereof, |

Text proposed by the Commission

Amendment

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 78(2)
  and
  79(2) and (4) thereof,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 78(2), 79(2) and (4)
  , and 80
  thereof,

Amendment 6

Proposal for a regulation

Recital 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (2a) | In its resolution of 8 June 2011 on Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe



   (3)



  , the European Parliament stressed the need for an integrated approach towards pressing immigration and asylum questions as well as towards the management of the external borders of the Union, with sufficient funding and support tools to handle emergency situations made available in a spirit of respect for human rights and solidarity amongst all Member States, respecting national responsibilities and a clear definition of tasks. It further noted that, in this regard, the increased challenges of FRONTEX, the European Asylum Support Office and the Funds on Solidarity and Management of Migration Flows need to be duly taken into consideration. |

Text proposed by the Commission

Amendment

(2a)

In its resolution of 8 June 2011 on Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe



   (3)



  , the European Parliament stressed the need for an integrated approach towards pressing immigration and asylum questions as well as towards the management of the external borders of the Union, with sufficient funding and support tools to handle emergency situations made available in a spirit of respect for human rights and solidarity amongst all Member States, respecting national responsibilities and a clear definition of tasks. It further noted that, in this regard, the increased challenges of FRONTEX, the European Asylum Support Office and the Funds on Solidarity and Management of Migration Flows need to be duly taken into consideration.

Justification

Paragraph 107 of the resolution of 8 June 2011‘Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe’

Amendment 7

Proposal for a regulation

Recital 2 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (2b) | In its resolution of 8 June 2011

   (4)

  , the European Parliament further emphasised the need to develop better synergies between different funds and programmes and points to the fact that the simplification of the management of funds and allowing cross-financing enable the allocation of more funds to common objectives, welcomed the Commission's intention to reduce the total number of budgetary instruments in home affairs in a two pillar structure and where possible under shared management and expressed its belief that this approach should contribute significantly to an increased simplification, rationalisation, consolidation and transparency of the current funds and programmes. It stressed, however, the need to ensure that the different objectives of home affairs policies will not be mixed up. |

Text proposed by the Commission

Amendment

(2b)

In its resolution of 8 June 2011

   (4)

  , the European Parliament further emphasised the need to develop better synergies between different funds and programmes and points to the fact that the simplification of the management of funds and allowing cross-financing enable the allocation of more funds to common objectives, welcomed the Commission's intention to reduce the total number of budgetary instruments in home affairs in a two pillar structure and where possible under shared management and expressed its belief that this approach should contribute significantly to an increased simplification, rationalisation, consolidation and transparency of the current funds and programmes. It stressed, however, the need to ensure that the different objectives of home affairs policies will not be mixed up.

Justification

Paragraph 109 of the resolution of 8 June 2011‘Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe’

Amendment 8

Proposal for a regulation

Recital 9 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (9a) | The fund should provide support for establishing measures which would enable asylum seekers to access Union asylum system in a safe manner without resorting to people smugglers or criminal networks and without putting their lives in danger. |

Text proposed by the Commission

Amendment

(9a)

The fund should provide support for establishing measures which would enable asylum seekers to access Union asylum system in a safe manner without resorting to people smugglers or criminal networks and without putting their lives in danger.

Amendment 9

Proposal for a regulation

Recital 13 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (13a) | The resources of the Fund should be used consistently with the Common Basic Principles on Integration, as specified in the Common Programme for Integration. |

Text proposed by the Commission

Amendment

(13a)

The resources of the Fund should be used consistently with the Common Basic Principles on Integration, as specified in the Common Programme for Integration.

Amendment 10

Proposal for a regulation

Recital 16

| Text proposed by the Commission | Amendment |
| --- | --- |
| (16) | The Fund should support Member States in setting up strategies organising legal migration, enhancing their capacity to develop, implement, monitor and evaluate in general all immigration and integration strategies, policies and measures for third country nationals, including Union legal instruments. The Fund should also support the exchange of information, best practices and co-operation between different departments of administration as well as with other Member States. |

Text proposed by the Commission

Amendment

(16)

The Fund should support Member States in setting up strategies organising legal migration, enhancing their capacity to develop, implement, monitor and evaluate in general all immigration and integration strategies, policies and measures for third country nationals, including Union legal instruments. The Fund should also support the exchange of information, best practices and co-operation between different departments of administration as well as with other Member States.

| (16) | The Fund should support Member States in setting up strategies organising legal migration, enhancing their capacity to develop, implement, monitor and evaluate in general all immigration and integration strategies, policies and measures for third country nationals, including Union legal instruments. The Fund should also support the exchange of information, best practices and co-operation between different departments of administration as well as with other Member States.
  Technical assistance is essential to enable the Member States to support the implementation of their national programmes, assist beneficiaries in complying with their obligations and Union law and in turn to increase the visibility of and accessibility to EU funds. |
| --- | --- |

(16)

The Fund should support Member States in setting up strategies organising legal migration, enhancing their capacity to develop, implement, monitor and evaluate in general all immigration and integration strategies, policies and measures for third country nationals, including Union legal instruments. The Fund should also support the exchange of information, best practices and co-operation between different departments of administration as well as with other Member States.
  Technical assistance is essential to enable the Member States to support the implementation of their national programmes, assist beneficiaries in complying with their obligations and Union law and in turn to increase the visibility of and accessibility to EU funds.

Amendment 11

Proposal for a regulation

Recital 23

| Text proposed by the Commission | Amendment |
| --- | --- |
| (23) | The Fund should complement and reinforce the activities undertaken by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex Agency) established by Council Regulation (EC) No 2007/2004 of 26 October 2004 , one of the tasks of which is to provide the necessary support for organising joint return operations of Member States and identify best practices on the acquisition of travel documents and the removal of third country nationals illegally present in the territories of the Member States. |

Text proposed by the Commission

Amendment

(23)

The Fund should complement and reinforce the activities undertaken by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex Agency) established by Council Regulation (EC) No 2007/2004 of 26 October 2004 , one of the tasks of which is to provide the necessary support for organising joint return operations of Member States and identify best practices on the acquisition of travel documents and the removal of third country nationals illegally present in the territories of the Member States.

| (23) | The Fund should complement and reinforce the activities undertaken by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex Agency) established by Council Regulation (EC) No 2007/2004 of 26 October 2004 , one of the tasks of which is to provide the necessary support for organising joint return operations of Member States and identify best practices on the acquisition of travel documents and the removal of third country nationals illegally present in the territories of the Member States.
  It should also enable the Agency to fulfil its obligations and those of the Union and the Member States regarding sea rescue. |
| --- | --- |

(23)

The Fund should complement and reinforce the activities undertaken by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex Agency) established by Council Regulation (EC) No 2007/2004 of 26 October 2004 , one of the tasks of which is to provide the necessary support for organising joint return operations of Member States and identify best practices on the acquisition of travel documents and the removal of third country nationals illegally present in the territories of the Member States.
  It should also enable the Agency to fulfil its obligations and those of the Union and the Member States regarding sea rescue.

Amendment 12

Proposal for a regulation

Recital 24

| Text proposed by the Commission | Amendment |
| --- | --- |
| (24) | The Fund should be implemented in full respect with the rights and principles enshrined in the Charter of Fundamental Rights of the European Union.
  In particular,
  eligible actions should take account of the specific situation of vulnerable persons,
  in particular,
  with
  special attention and dedicated responses to
  unaccompanied minors and other minors at risk. |

Text proposed by the Commission

Amendment

(24)

The Fund should be implemented in full respect with the rights and principles enshrined in the Charter of Fundamental Rights of the European Union.
  In particular,
  eligible actions should take account of the specific situation of vulnerable persons,
  in particular,
  with
  special attention and dedicated responses to
  unaccompanied minors and other minors at risk.

| (24) | The Fund should be implemented in full respect with the rights and principles enshrined in the Charter of Fundamental Rights of the European Union
  and in international instruments, in particular the Geneva Convention of 28 July 1951, the Universal Declaration of Human Rights of 10 December 1948, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on the Elimination of All Forms of Racial Discrimination, the United Nations Convention on the Elimination of All Forms of Discrimination against Women, the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, the United Nations Convention on the Rights of the Child, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
  . Eligible actions should take account of the
  human-rights-based approach to the protection of migrants, refugees and asylum-seekers, and especially the
  specific situation of vulnerable persons, with
  women,
  unaccompanied minors and other minors at risk
  receiving special attention and dedicated responses
  . |
| --- | --- |

(24)

The Fund should be implemented in full respect with the rights and principles enshrined in the Charter of Fundamental Rights of the European Union
  and in international instruments, in particular the Geneva Convention of 28 July 1951, the Universal Declaration of Human Rights of 10 December 1948, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on the Elimination of All Forms of Racial Discrimination, the United Nations Convention on the Elimination of All Forms of Discrimination against Women, the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, the United Nations Convention on the Rights of the Child, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
  . Eligible actions should take account of the
  human-rights-based approach to the protection of migrants, refugees and asylum-seekers, and especially the
  specific situation of vulnerable persons, with
  women,
  unaccompanied minors and other minors at risk
  receiving special attention and dedicated responses
  .

Amendment 13

Proposal for a regulation

Recital 25

| Text proposed by the Commission | Amendment |
| --- | --- |
| (25) | Measures in and in relation to third countries supported through the Fund should be taken in synergy and coherence with other actions outside the Union supported through Union external assistance instruments, both geographic and thematic. In particular, in implementing such actions full coherence should be sought with the principles and general objectives of the Union external action and foreign policy related to the country or region in question. They should not be intended to support actions directly development-oriented and they should complement, when appropriate, the financial assistance provided through external aid instruments.
  Coherence
  will also be
  ensured with the Union humanitarian policy, in particular as regards
  the implementation of emergency assistance. |

Text proposed by the Commission

Amendment

(25)

Measures in and in relation to third countries supported through the Fund should be taken in synergy and coherence with other actions outside the Union supported through Union external assistance instruments, both geographic and thematic. In particular, in implementing such actions full coherence should be sought with the principles and general objectives of the Union external action and foreign policy related to the country or region in question. They should not be intended to support actions directly development-oriented and they should complement, when appropriate, the financial assistance provided through external aid instruments.
  Coherence
  will also be
  ensured with the Union humanitarian policy, in particular as regards
  the implementation of emergency assistance.

| (25) | Measures in and in relation to third countries supported through the Fund should be taken in synergy and coherence with other actions outside the Union supported through Union external assistance instruments, both geographic and thematic. In particular, in implementing such actions full coherence should be sought with the principles and general objectives of the Union external action and foreign policy related to the country or region in question. They should not be intended to support actions that are directly oriented towards development and they should complement, when appropriate, the financial assistance provided through external aid instruments
  while respecting the principle of policy coherence for development, as required by Article 35 of the Consensus on Development
  .
  It
  will also be
  important to ensure that
  the implementation of emergency assistance
  is consistent with and complementary to the Union humanitarian policy and respects humanitarian principles as set out in the Consensus on Humanitarian Aid
  . |
| --- | --- |

(25)

Measures in and in relation to third countries supported through the Fund should be taken in synergy and coherence with other actions outside the Union supported through Union external assistance instruments, both geographic and thematic. In particular, in implementing such actions full coherence should be sought with the principles and general objectives of the Union external action and foreign policy related to the country or region in question. They should not be intended to support actions that are directly oriented towards development and they should complement, when appropriate, the financial assistance provided through external aid instruments
  while respecting the principle of policy coherence for development, as required by Article 35 of the Consensus on Development
  .
  It
  will also be
  important to ensure that
  the implementation of emergency assistance
  is consistent with and complementary to the Union humanitarian policy and respects humanitarian principles as set out in the Consensus on Humanitarian Aid
  .

Amendment 14

Proposal for a regulation

Recital 26

| Text proposed by the Commission | Amendment |
| --- | --- |
| (26) | A large part of the available resources under the Fund should be allocated proportionally to the responsibility borne by each Member State through its efforts in managing migration flows on the basis of objective criteria. For that purpose, the latest available statistical data relating to the migration flows, such as the number of first asylum applications, the number of positive decisions granting refugee or subsidiary protection, the number of resettled refugees, the number of legally residing third-country nationals, the number of third-country nationals who have obtained an authorisation issued by a Member State to reside, the number of return decisions issued by the national authorities and the number of effected returns should be used. |

Text proposed by the Commission

Amendment

(26)

A large part of the available resources under the Fund should be allocated proportionally to the responsibility borne by each Member State through its efforts in managing migration flows on the basis of objective criteria. For that purpose, the latest available statistical data relating to the migration flows, such as the number of first asylum applications, the number of positive decisions granting refugee or subsidiary protection, the number of resettled refugees, the number of legally residing third-country nationals, the number of third-country nationals who have obtained an authorisation issued by a Member State to reside, the number of return decisions issued by the national authorities and the number of effected returns should be used.

| (26) | A large part of the available resources under the Fund should be allocated proportionally to the responsibility borne by each Member State through its efforts in managing migration flows on the basis of objective criteria. For that purpose, the latest available statistical data relating to the migration flows, such as the number of first asylum applications, the number of positive decisions granting refugee or subsidiary protection, the number of resettled refugees, the number of legally residing third-country nationals, the number of third-country nationals who have obtained an authorisation issued by a Member State to reside,
  the number of irregular migrants apprehended at the external borders of the Member States,
  the number of return decisions issued by the national authorities and the number of effected returns should be used.
  In addition, however, it is important to take account of the economic resources of each Member State as well as its geographical size. In-depth research is also necessary to identify and quantify actual costs for the Member States. |
| --- | --- |

(26)

A large part of the available resources under the Fund should be allocated proportionally to the responsibility borne by each Member State through its efforts in managing migration flows on the basis of objective criteria. For that purpose, the latest available statistical data relating to the migration flows, such as the number of first asylum applications, the number of positive decisions granting refugee or subsidiary protection, the number of resettled refugees, the number of legally residing third-country nationals, the number of third-country nationals who have obtained an authorisation issued by a Member State to reside,
  the number of irregular migrants apprehended at the external borders of the Member States,
  the number of return decisions issued by the national authorities and the number of effected returns should be used.
  In addition, however, it is important to take account of the economic resources of each Member State as well as its geographical size. In-depth research is also necessary to identify and quantify actual costs for the Member States.

Amendment 15

Proposal for a regulation

Recital 29

| Text proposed by the Commission | Amendment |
| --- | --- |
| (29) | In the light of the progressive establishment of a Union Resettlement Programme, the Fund should provide targeted assistance in the form of financial incentives (lump sums) for each resettled refugee. |

Text proposed by the Commission

Amendment

(29)

In the light of the progressive establishment of a Union Resettlement Programme, the Fund should provide targeted assistance in the form of financial incentives (lump sums) for each resettled refugee.

| (29) | In the light of the progressive establishment of a Union Resettlement Programme, the Fund should provide targeted assistance in the form of financial incentives (lump sums) for each resettled refugee.
  The Commission in cooperation with the EASO and according to their respective competences should monitor the effective implementation of resettlement operations supported under the Fund. |
| --- | --- |

(29)

In the light of the progressive establishment of a Union Resettlement Programme, the Fund should provide targeted assistance in the form of financial incentives (lump sums) for each resettled refugee.
  The Commission in cooperation with the EASO and according to their respective competences should monitor the effective implementation of resettlement operations supported under the Fund.

Amendment 16

Proposal for a regulation

Recital 33

| Text proposed by the Commission | Amendment |
| --- | --- |
| (33) | To enhance the solidarity and share better the responsibility between the Member States, in particular towards those most affected by asylum flows, a similar mechanism based on financial incentives should also be established for relocation of beneficiaries of international protection. |

Text proposed by the Commission

Amendment

(33)

To enhance the solidarity and share better the responsibility between the Member States, in particular towards those most affected by asylum flows, a similar mechanism based on financial incentives should also be established for relocation of beneficiaries of international protection.

| (33) | To enhance the solidarity and share better the responsibility between the Member States, in particular towards those most affected by asylum flows, a similar mechanism based on financial incentives should also be established for relocation of beneficiaries of international protection.
  The mechanism should have sufficient resources to compensate Member States receiving higher numbers of asylum seekers and beneficiaries of international protection, either in absolute or proportional terms, and to help those with less-developed asylum systems. |
| --- | --- |

(33)

To enhance the solidarity and share better the responsibility between the Member States, in particular towards those most affected by asylum flows, a similar mechanism based on financial incentives should also be established for relocation of beneficiaries of international protection.
  The mechanism should have sufficient resources to compensate Member States receiving higher numbers of asylum seekers and beneficiaries of international protection, either in absolute or proportional terms, and to help those with less-developed asylum systems.

Amendment 17

Proposal for a regulation

Recital 35 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (35a) | To this end, technical assistance is essential to enable Member States to implement their national programmes, assist beneficiaries, meet their obligations, comply with Union law and hence enhance the visibility and accessibility of EU funding. |

Text proposed by the Commission

Amendment

(35a)

To this end, technical assistance is essential to enable Member States to implement their national programmes, assist beneficiaries, meet their obligations, comply with Union law and hence enhance the visibility and accessibility of EU funding.

Amendment 18

Proposal for a regulation

Recital 35 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (35b) | While meeting flexibility criteria, the structural simplification of instruments and expenditure should continue to fulfil requirements in terms of predictability and reliability and ensure a fair and transparent distribution of resources under the Asylum and Migration Fund. |

Text proposed by the Commission

Amendment

(35b)

While meeting flexibility criteria, the structural simplification of instruments and expenditure should continue to fulfil requirements in terms of predictability and reliability and ensure a fair and transparent distribution of resources under the Asylum and Migration Fund.

Amendment 19

Proposal for a regulation

Recital 35 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (35c) | The simplification of the funding structures — while providing flexibility — should maintain predictability and reliability and a balanced share should be ensured for each objective of the fund through the national programmes. Therefore, a fair share of financial resources should be allocated under the Asylum and Migration Fund in the 2014-2020 Multiannual Financial Framework to ensure continuity in supporting the objectives of the Refugee Fund and Integration Fund of the 2007-2013 Financial Framework. |

Text proposed by the Commission

Amendment

(35c)

The simplification of the funding structures — while providing flexibility — should maintain predictability and reliability and a balanced share should be ensured for each objective of the fund through the national programmes. Therefore, a fair share of financial resources should be allocated under the Asylum and Migration Fund in the 2014-2020 Multiannual Financial Framework to ensure continuity in supporting the objectives of the Refugee Fund and Integration Fund of the 2007-2013 Financial Framework.

Amendment 20

Proposal for a regulation

Recital 36

| Text proposed by the Commission | Amendment |
| --- | --- |
| (36) | It is important for enhanced solidarity that the Fund provides additional support to address emergency situations of heavy migratory pressure in Member States or third-countries or in the event of mass influx of displaced persons, pursuant to Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof, through emergency assistance. |

Text proposed by the Commission

Amendment

(36)

It is important for enhanced solidarity that the Fund provides additional support to address emergency situations of heavy migratory pressure in Member States or third-countries or in the event of mass influx of displaced persons, pursuant to Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof, through emergency assistance.

| (36) | It is important for enhanced solidarity that the Fund provides
  , in coordination and synergy with the humanitarian assistance managed by the European Community Humanitarian Aid Office (ECHO),
  additional support to address emergency situations of heavy migratory pressure in Member States or third countries or in the event of mass influx of displaced persons, pursuant to Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof, through emergency assistance. |
| --- | --- |

(36)

It is important for enhanced solidarity that the Fund provides
  , in coordination and synergy with the humanitarian assistance managed by the European Community Humanitarian Aid Office (ECHO),
  additional support to address emergency situations of heavy migratory pressure in Member States or third countries or in the event of mass influx of displaced persons, pursuant to Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof, through emergency assistance.

Amendment 21

Proposal for a regulation

Recital 37

| Text proposed by the Commission | Amendment |
| --- | --- |
| (37) | This Regulation should ensure the continuation of the European Migration Network set up by Council Decision 2008/381/EC of 14 May 2008 establishing a European Migration Network and provide financial assistance necessary for its activities in line with its objectives and tasks as set out in this Regulation. |

Text proposed by the Commission

Amendment

(37)

This Regulation should ensure the continuation of the European Migration Network set up by Council Decision 2008/381/EC of 14 May 2008 establishing a European Migration Network and provide financial assistance necessary for its activities in line with its objectives and tasks as set out in this Regulation.

| (37) | This Regulation should ensure the continuation of the European Migration Network set up by Council Decision 2008/381/EC of 14 May 2008 establishing a European Migration Network and provide financial assistance necessary for its activities in line with its objectives and tasks as set out in this Regulation.
  In this respect, safeguards should be included within the asylum and migration fund in order to prevent the excessive allocation of funds to only one policy area at the expense of the Common European Asylum System as a whole. |
| --- | --- |

(37)

This Regulation should ensure the continuation of the European Migration Network set up by Council Decision 2008/381/EC of 14 May 2008 establishing a European Migration Network and provide financial assistance necessary for its activities in line with its objectives and tasks as set out in this Regulation.
  In this respect, safeguards should be included within the asylum and migration fund in order to prevent the excessive allocation of funds to only one policy area at the expense of the Common European Asylum System as a whole.

Amendment 22

Proposal for a regulation

Recital 42 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (42a) | Spending of funds in this area should be better coordinated in order to assure complementarity, a better efficiency and visibility, as well as to achieve better budgetary synergies. |

Text proposed by the Commission

Amendment

(42a)

Spending of funds in this area should be better coordinated in order to assure complementarity, a better efficiency and visibility, as well as to achieve better budgetary synergies.

Amendment 23

Proposal for a regulation

Recital 42 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (42b) | There is a need to maximise the impact of EU funding by mobilising, pooling and leveraging public and private financial resources. |

Text proposed by the Commission

Amendment

(42b)

There is a need to maximise the impact of EU funding by mobilising, pooling and leveraging public and private financial resources.

Amendment 24

Proposal for a regulation

Recital 42 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (42c) | Utmost transparency, accountability and democratic scrutiny for innovative financial instruments and mechanisms that involve the Union budget should be ensured. |

Text proposed by the Commission

Amendment

(42c)

Utmost transparency, accountability and democratic scrutiny for innovative financial instruments and mechanisms that involve the Union budget should be ensured.

Amendment 25

Proposal for a regulation

Recital 42 d (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (42d) | Better implementation and quality of spending should constitute guiding principles for achieving the objectives of the Fund while ensuring optimal use of the financial resources. |

Text proposed by the Commission

Amendment

(42d)

Better implementation and quality of spending should constitute guiding principles for achieving the objectives of the Fund while ensuring optimal use of the financial resources.

Amendment 26

Proposal for a regulation

Recital 42 e (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (42e) | It is important to ensure the sound financial management of the Fund and its implementation in the most effective and user-friendly manner possible, while also ensuring legal certainty and the accessibility of the Fund to all participants. |

Text proposed by the Commission

Amendment

(42e)

It is important to ensure the sound financial management of the Fund and its implementation in the most effective and user-friendly manner possible, while also ensuring legal certainty and the accessibility of the Fund to all participants.

Amendment 27

Proposal for a regulation

Recital 42 f (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (42f) | The Commission should annually monitor the implementation of the Fund with the aid of key indicators for assessing results and impacts. These indicators, including relevant baselines, should provide the minimum basis for assessing the extent to which the objectives of the Fund have been achieved. |

Text proposed by the Commission

Amendment

(42f)

The Commission should annually monitor the implementation of the Fund with the aid of key indicators for assessing results and impacts. These indicators, including relevant baselines, should provide the minimum basis for assessing the extent to which the objectives of the Fund have been achieved.

Amendment 28

Proposal for a regulation

Recital 43

| Text proposed by the Commission | Amendment |
| --- | --- |
| (43) | For the purpose of its management and implementation, the Fund should form part of a coherent framework consisting of this Regulation and Regulation (EU) No [.../...] of the European Parliament and of the Council laying down general provisions on the Asylum and Migration Fund and on the instrument of financial support for police cooperation, preventing and combating crime, and crisis management. |

Text proposed by the Commission

Amendment

(43)

For the purpose of its management and implementation, the Fund should form part of a coherent framework consisting of this Regulation and Regulation (EU) No [.../...] of the European Parliament and of the Council laying down general provisions on the Asylum and Migration Fund and on the instrument of financial support for police cooperation, preventing and combating crime, and crisis management.

| (43) | For the purpose of its management and implementation, the Fund should form part of a coherent framework consisting of this Regulation and Regulation (EU) No [.../...] of the European Parliament and of the Council laying down general provisions on the Asylum and Migration Fund and on the instrument of financial support for police cooperation, preventing and combating crime, and crisis management.
  For the purpose of this Fund, however, the partnership referred to in Article 12 of Regulation (EU) No .../... [Horizontal Regulation] should include amongst the participating authorities the competent regional, local and municipal authorities, international organisations and bodies representing civil society, such as non-governmental organisations and social partners. |
| --- | --- |

(43)

For the purpose of its management and implementation, the Fund should form part of a coherent framework consisting of this Regulation and Regulation (EU) No [.../...] of the European Parliament and of the Council laying down general provisions on the Asylum and Migration Fund and on the instrument of financial support for police cooperation, preventing and combating crime, and crisis management.
  For the purpose of this Fund, however, the partnership referred to in Article 12 of Regulation (EU) No .../... [Horizontal Regulation] should include amongst the participating authorities the competent regional, local and municipal authorities, international organisations and bodies representing civil society, such as non-governmental organisations and social partners.

Amendment 29

Proposal for a regulation

Article 1 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   This Regulation provides for the application of the the rules set out in Regulation (EU) No ... [Horizontal Regulation]. | 3.   This Regulation provides for the application of the rules set out in Regulation (EU) No ... [Horizontal Regulation]
  , without prejudice to Article 4(a) of this Regulation
  . |

Text proposed by the Commission

Amendment

3.   This Regulation provides for the application of the the rules set out in Regulation (EU) No ... [Horizontal Regulation].

3.   This Regulation provides for the application of the rules set out in Regulation (EU) No ... [Horizontal Regulation]
  , without prejudice to Article 4(a) of this Regulation
  .

Amendment 30

Proposal for a regulation

Article 2 — paragraph 1 — point a — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | ‘resettlement’ means the process whereby, on a request from the United Nations High Commissioner for Refugees (UNHCR) based on a person’s need for international protection, third-country nationals or stateless persons
  having the status defined by the Geneva Convention of 28 July 1951 and who are permitted to reside as refugees in one of the Member States
  are transferred from a third-country and established in a Member State where they are permitted to reside with one of the following statuses: |

Text proposed by the Commission

Amendment

(a)

‘resettlement’ means the process whereby, on a request from the United Nations High Commissioner for Refugees (UNHCR) based on a person’s need for international protection, third-country nationals or stateless persons
  having the status defined by the Geneva Convention of 28 July 1951 and who are permitted to reside as refugees in one of the Member States
  are transferred from a third-country and established in a Member State where they are permitted to reside with one of the following statuses:

| (a) | ‘resettlement’ means the process whereby, on a request from the United Nations High Commissioner for Refugees (UNHCR) based on a person’s need for international protection, third-country nationals or stateless persons are transferred from a third-country and established in a Member State where they are permitted to reside with one of the following statuses: |
| --- | --- |

(a)

‘resettlement’ means the process whereby, on a request from the United Nations High Commissioner for Refugees (UNHCR) based on a person’s need for international protection, third-country nationals or stateless persons are transferred from a third-country and established in a Member State where they are permitted to reside with one of the following statuses:

Amendment 31

Proposal for a regulation

Article 2 — paragraph 1 — point a — point i

| Text proposed by the Commission | Amendment |
| --- | --- |
| (i) | refugee status within the meaning of point 2(
  d
  ) of Article 2 of Directive
  2004/83/EC
  or |

Text proposed by the Commission

Amendment

(i)

refugee status within the meaning of point 2(
  d
  ) of Article 2 of Directive
  2004/83/EC
  or

| (i) | refugee status within the meaning of point 2(
  e
  ) of Article 2 of Directive 
  2011/95/EU
  or |
| --- | --- |

(i)

refugee status within the meaning of point 2(
  e
  ) of Article 2 of Directive 
  2011/95/EU
  or

Amendment 32

Proposal for a regulation

Article 2 — paragraph 1 — point a — point i a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ia) | subsidiary protection status within the meaning of Article 2(g) of Directive 2011/95/EU or |

Text proposed by the Commission

Amendment

(ia)

subsidiary protection status within the meaning of Article 2(g) of Directive 2011/95/EU or

Amendment 33

Proposal for a regulation

Article 2 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | ‘relocation’ means the process whereby persons referred to in points (a) and (b) of Article 4(1) are transferred from the Member State which granted them international protection to another Member State where they will be granted equivalent protection, or persons falling within the category referred to in point (c) of Article 4(1), are transferred from the Member State which is responsible for examining their application to another Member State where their application for international protection will be examined. |

Text proposed by the Commission

Amendment

(b)

‘relocation’ means the process whereby persons referred to in points (a) and (b) of Article 4(1) are transferred from the Member State which granted them international protection to another Member State where they will be granted equivalent protection, or persons falling within the category referred to in point (c) of Article 4(1), are transferred from the Member State which is responsible for examining their application to another Member State where their application for international protection will be examined.

| (b) | ‘relocation’ means the process whereby persons referred to in points (a) and (b) of Article 4(1) are transferred from the Member State which granted them international protection to another Member State where they will be granted
  immediately
  equivalent protection, or persons falling within the category referred to in point (c) of Article 4(1), are transferred from the Member State which is responsible for examining their application to another Member State where their application for international protection will be examined. |
| --- | --- |

(b)

‘relocation’ means the process whereby persons referred to in points (a) and (b) of Article 4(1) are transferred from the Member State which granted them international protection to another Member State where they will be granted
  immediately
  equivalent protection, or persons falling within the category referred to in point (c) of Article 4(1), are transferred from the Member State which is responsible for examining their application to another Member State where their application for international protection will be examined.

Amendment 34

Proposal for a regulation

Article 2 — paragraph 1 — point f — point i

| Text proposed by the Commission | Amendment |
| --- | --- |
| (i) | heavy migratory pressure
  in one or more Member States characterised by
  a large and disproportionate inflow
  of third-country nationals, which places significant and urgent demands on their reception and detention facilities, asylum systems and procedures, |

Text proposed by the Commission

Amendment

(i)

heavy migratory pressure
  in one or more Member States characterised by
  a large and disproportionate inflow
  of third-country nationals, which places significant and urgent demands on their reception and detention facilities, asylum systems and procedures,

| (i) | specific pressures
  in one or more Member States characterised by
  the sudden arrival of a large number
  of third-country nationals, which places significant and urgent demands on their reception and detention facilities, asylum systems and procedures,
  or |
| --- | --- |

(i)

specific pressures
  in one or more Member States characterised by
  the sudden arrival of a large number
  of third-country nationals, which places significant and urgent demands on their reception and detention facilities, asylum systems and procedures,
  or

Amendment 35

Proposal for a regulation

Article 3 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The general objective of the Fund
  shall be to contribute to an effective management of migration flows in the Union
  as part of the area of freedom, security and justice,
  in accordance with the
  common policy on asylum, subsidiary protection and temporary protection and the common immigration policy. | 1.   The general objective of the Fund, as part of the area of freedom, security and justice,
  shall be to strengthen and develop
  common policy on asylum, subsidiary protection and temporary protection and
  to strengthen and develop
  the common immigration policy
  , while respecting policy coherence for development and the human-rights-based approach to the protection of migrants, refugees and asylum-seekers
  . |

Text proposed by the Commission

Amendment

1.   The general objective of the Fund
  shall be to contribute to an effective management of migration flows in the Union
  as part of the area of freedom, security and justice,
  in accordance with the
  common policy on asylum, subsidiary protection and temporary protection and the common immigration policy.

1.   The general objective of the Fund, as part of the area of freedom, security and justice,
  shall be to strengthen and develop
  common policy on asylum, subsidiary protection and temporary protection and
  to strengthen and develop
  the common immigration policy
  , while respecting policy coherence for development and the human-rights-based approach to the protection of migrants, refugees and asylum-seekers
  .

Amendment 36

Proposal for a regulation

Article 3 — paragraph 2 — point a — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| The achievement of this objective shall be measured by indicators, inter alia, the level of improvement in asylum reception conditions, in the quality of asylum procedures, in the
  convergence of recognition rates across Member States
  and in
  Member States’
  resettlement efforts. | The achievement of this objective shall be measured by
  the Commission against both qualitative and quantitative
  indicators, inter alia, the level of improvement in asylum reception conditions, in the quality of asylum procedures
  and increased convergence of decision-making in similar case profiles
  , in the
  provision of reliable, objective and up-to-date information on countries of origin
  and in resettlement efforts. |

Text proposed by the Commission

Amendment

The achievement of this objective shall be measured by indicators, inter alia, the level of improvement in asylum reception conditions, in the quality of asylum procedures, in the
  convergence of recognition rates across Member States
  and in
  Member States’
  resettlement efforts.

The achievement of this objective shall be measured by
  the Commission against both qualitative and quantitative
  indicators, inter alia, the level of improvement in asylum reception conditions, in the quality of asylum procedures
  and increased convergence of decision-making in similar case profiles
  , in the
  provision of reliable, objective and up-to-date information on countries of origin
  and in resettlement efforts.

Amendment 37

Proposal for a regulation

Article 3 — paragraph 2 — point a a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (aa) | to support measures for safe access to Europe's asylum system;



  The achievement of this objective shall be measured by indicators, inter alia, the opportunities that asylum seekers have to access Union asylum system in a safe manner without resorting to people smugglers and criminal networks and without putting their lives in danger. |

Text proposed by the Commission

Amendment

(aa)

to support measures for safe access to Europe's asylum system;

Amendment 38

Proposal for a regulation

Article 3 — paragraph 2 — point b — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | to support legal migration to the Union in line with the economic and social needs of Member States
  and
  promote the effective integration of third-country nationals, including
  of
  asylum seekers and beneficiaries of international protection; |

Text proposed by the Commission

Amendment

(b)

to support legal migration to the Union in line with the economic and social needs of Member States
  and
  promote the effective integration of third-country nationals, including
  of
  asylum seekers and beneficiaries of international protection;

| (b) | to support legal migration to the Union in line with the economic and social needs of Member States, promote the effective integration of third-country nationals
  and strengthen respect for the fundamental rights of migrants
  , including asylum seekers and beneficiaries of international protection; |
| --- | --- |

(b)

to support legal migration to the Union in line with the economic and social needs of Member States, promote the effective integration of third-country nationals
  and strengthen respect for the fundamental rights of migrants
  , including asylum seekers and beneficiaries of international protection;

Amendment 39

Proposal for a regulation

Article 3 — paragraph 2 — point b — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| The achievement of this objective shall be measured by indicators, inter alia, the level of increased participation of third-country nationals in employment, education and in democratic processes. | The achievement of this objective shall be measured by
  the Commission against both qualitative and quantitative
  indicators, inter alia, the level of increased participation of third-country nationals
  and stateless persons
  in employment, education and in democratic processes
  , access to housing and healthcare
  . |

Text proposed by the Commission

Amendment

The achievement of this objective shall be measured by indicators, inter alia, the level of increased participation of third-country nationals in employment, education and in democratic processes.

The achievement of this objective shall be measured by
  the Commission against both qualitative and quantitative
  indicators, inter alia, the level of increased participation of third-country nationals
  and stateless persons
  in employment, education and in democratic processes
  , access to housing and healthcare
  .

Amendment 40

Proposal for a regulation

Article 3– paragraph 2 — point c — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| The achievement of this objective shall be measured by indicators, inter alia, the number of returnees. | The achievement of this objective shall be measured by
  the Commission against both qualitative and quantitative
  indicators
  such as
  , inter alia, the number of returnees
  , the number of persons having benefited from reintegration measures (either prior or subsequent to their return), the number of voluntary returns, and the quality of the systems for monitoring enforced returns
  . |

Text proposed by the Commission

Amendment

The achievement of this objective shall be measured by indicators, inter alia, the number of returnees.

The achievement of this objective shall be measured by
  the Commission against both qualitative and quantitative
  indicators
  such as
  , inter alia, the number of returnees
  , the number of persons having benefited from reintegration measures (either prior or subsequent to their return), the number of voluntary returns, and the quality of the systems for monitoring enforced returns
  .

Amendment 41

Proposal for a regulation

Article 3 — paragraph 2 — point d — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | to enhance the solidarity and responsibility sharing between the Member States, in particular towards those most affected by migration and asylum flows. |

Text proposed by the Commission

Amendment

(d)

to enhance the solidarity and responsibility sharing between the Member States, in particular towards those most affected by migration and asylum flows.

| (d) | to enhance the solidarity and responsibility sharing between the Member States, in particular towards those most affected by migration and asylum flows
  , including through practical cooperation
  . |
| --- | --- |

(d)

to enhance the solidarity and responsibility sharing between the Member States, in particular towards those most affected by migration and asylum flows
  , including through practical cooperation
  .

Amendment 42

Proposal for a regulation

Article 3– paragraph 2 — point d — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| The achievement of this objective shall be measured by indicators, inter alia, the level of increased mutual assistance between Member States including through practical cooperation and relocation. | The achievement of this objective shall be measured by
  the Commission against both qualitative and quantitative
  indicators, inter alia, the level of increased mutual assistance between Member States including through practical cooperation and relocation
  , and the level of human resources made available through EASO
  . |

Text proposed by the Commission

Amendment

The achievement of this objective shall be measured by indicators, inter alia, the level of increased mutual assistance between Member States including through practical cooperation and relocation.

The achievement of this objective shall be measured by
  the Commission against both qualitative and quantitative
  indicators, inter alia, the level of increased mutual assistance between Member States including through practical cooperation and relocation
  , and the level of human resources made available through EASO
  .

Amendment 43

Proposal for a regulation

Article 3 — paragraph 2 — subparagraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Member States shall provide the Commission with the necessary information that is required for the assessment of the achievements, as measured by the indicators. |

Text proposed by the Commission

Amendment

Member States shall provide the Commission with the necessary information that is required for the assessment of the achievements, as measured by the indicators.

Amendment 44

Proposal for a regulation

Article 3 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a.
     
  The achievement of the specific objectives referred to in paragraph 2 shall be measured by both qualitative and quantitative cross-cutting indicators, inter alia improvement of child protection provisions, promotion of respect for family life, access to basic services and assistance to unaccompanied minors regardless of their residence status. |

Text proposed by the Commission

Amendment

2a.
     
  The achievement of the specific objectives referred to in paragraph 2 shall be measured by both qualitative and quantitative cross-cutting indicators, inter alia improvement of child protection provisions, promotion of respect for family life, access to basic services and assistance to unaccompanied minors regardless of their residence status.

Amendment 45

Proposal for a regulation

Article 3 — paragraph 2 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2b.
     
  Measures taken to achieve the objectives defined in paragraphs 1 and 2 shall be fully coherent with and complementary to measures supported through the external financing instruments of the Union and comply with the objectives and principles of the Union external action. |

Text proposed by the Commission

Amendment

2b.
     
  Measures taken to achieve the objectives defined in paragraphs 1 and 2 shall be fully coherent with and complementary to measures supported through the external financing instruments of the Union and comply with the objectives and principles of the Union external action.

Amendment 46

Proposal for a regulation

Article 3 — paragraph 2 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2c.
     
  The objectives laid down in paragraphs 1 and 2 shall be achieved with due regard for the principles and objectives of the Union’s humanitarian policy. Consistency and complementarity with the measures funded by the Union’s external financing instruments shall be ensured in accordance with Article 24a. |

Text proposed by the Commission

Amendment

2c.
     
  The objectives laid down in paragraphs 1 and 2 shall be achieved with due regard for the principles and objectives of the Union’s humanitarian policy. Consistency and complementarity with the measures funded by the Union’s external financing instruments shall be ensured in accordance with Article 24a.

Amendment 47

Proposal for a regulation

Article 4 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | any third-country national or stateless person enjoying a form of subsidiary protection within the meaning of Directive
  2004
  /
  83
  /
  EC
  ; |

Text proposed by the Commission

Amendment

(b)

any third-country national or stateless person enjoying a form of subsidiary protection within the meaning of Directive
  2004
  /
  83
  /
  EC
  ;

| (b) | any third-country national or stateless person enjoying a form of subsidiary protection within the meaning of Directive
  2011
  /
  95
  /
  EU
  ; |
| --- | --- |

(b)

any third-country national or stateless person enjoying a form of subsidiary protection within the meaning of Directive
  2011
  /
  95
  /
  EU
  ;

Amendment 48

Proposal for a regulation

Article 4 — paragraph 1 — point f

| Text proposed by the Commission | Amendment |
| --- | --- |
| (f) | any third-country national who is residing legally in a Member State or who is in the process of acquiring legal residence in a Member State; |

Text proposed by the Commission

Amendment

(f)

any third-country national who is residing legally in a Member State or who is in the process of acquiring legal residence in a Member State;

| (f) | any third-country national
  or stateless person
  who is residing legally in a Member State or who is in the process of acquiring legal residence in a Member State; |
| --- | --- |

(f)

any third-country national
  or stateless person
  who is residing legally in a Member State or who is in the process of acquiring legal residence in a Member State;

Amendment 49

Proposal for a regulation

Article 4 — paragraph 1 — point g

| Text proposed by the Commission | Amendment |
| --- | --- |
| (g) | any third-country national who is on the territory of a third country, who intend to migrate to the Union and who comply with specific pre-departure measures and/or conditions set out in national law, including those relating to the ability to integrate in the society of a Member State; |

Text proposed by the Commission

Amendment

(g)

any third-country national who is on the territory of a third country, who intend to migrate to the Union and who comply with specific pre-departure measures and/or conditions set out in national law, including those relating to the ability to integrate in the society of a Member State;

| (g) | any third-country national
  or stateless person
  who is on the territory of a third country, who intend to migrate to the Union and who comply with specific pre-departure measures and/or conditions set out in national law, including those relating to the ability to integrate in the society of a Member State; |
| --- | --- |

(g)

any third-country national
  or stateless person
  who is on the territory of a third country, who intend to migrate to the Union and who comply with specific pre-departure measures and/or conditions set out in national law, including those relating to the ability to integrate in the society of a Member State;

Amendment 50

Proposal for a regulation

Article 4 — paragraph 1 — point h

| Text proposed by the Commission | Amendment |
| --- | --- |
| (h) | any third-country national who has not yet received a final negative decision in relation to their request to stay, legal residence and/or international protection in a Member State and who may choose to make use of voluntary return, provided they have not acquired a new nationality and have not left the territory of that Member State; |

Text proposed by the Commission

Amendment

(h)

any third-country national who has not yet received a final negative decision in relation to their request to stay, legal residence and/or international protection in a Member State and who may choose to make use of voluntary return, provided they have not acquired a new nationality and have not left the territory of that Member State;

| (h) | any third-country national
  or stateless person
  who has not yet received a final negative decision in relation to their request to stay, legal residence and/or international protection in a Member State and who may choose to make use of voluntary return, provided they have not acquired a new nationality and have not left the territory of that Member State; |
| --- | --- |

(h)

any third-country national
  or stateless person
  who has not yet received a final negative decision in relation to their request to stay, legal residence and/or international protection in a Member State and who may choose to make use of voluntary return, provided they have not acquired a new nationality and have not left the territory of that Member State;

Amendment 51

Proposal for a regulation

Article 4 — paragraph 1 — point i

| Text proposed by the Commission | Amendment |
| --- | --- |
| (i) | any third-country national enjoying the right to stay, legal residence or a form of international protection within the meaning of Directive
  2004
  /
  83
  /
  EC
  or temporary protection within the meaning of Directive 2001/55/EC in a Member State, and who has chosen to make use of voluntary return, provided they have not acquired a new nationality and have not left the territory of that Member State; |

Text proposed by the Commission

Amendment

(i)

any third-country national enjoying the right to stay, legal residence or a form of international protection within the meaning of Directive
  2004
  /
  83
  /
  EC
  or temporary protection within the meaning of Directive 2001/55/EC in a Member State, and who has chosen to make use of voluntary return, provided they have not acquired a new nationality and have not left the territory of that Member State;

| (i) | any third-country national
  or stateless person
  enjoying the right to stay, legal residence or a form of international protection within the meaning of Directive
  2011
  /
  95
  /
  EU
  or temporary protection within the meaning of Directive 2001/55/EC in a Member State, and who has chosen to make use of voluntary return, provided they have not acquired a new nationality and have not left the territory of that Member State; |
| --- | --- |

(i)

any third-country national
  or stateless person
  enjoying the right to stay, legal residence or a form of international protection within the meaning of Directive
  2011
  /
  95
  /
  EU
  or temporary protection within the meaning of Directive 2001/55/EC in a Member State, and who has chosen to make use of voluntary return, provided they have not acquired a new nationality and have not left the territory of that Member State;

Amendment 52

Proposal for a regulation

Article 4 — paragraph 1 — point j

| Text proposed by the Commission | Amendment |
| --- | --- |
| (j) | any third-country national who does not or no longer fulfil the conditions for entry and/or stay in a Member State. |

Text proposed by the Commission

Amendment

(j)

any third-country national who does not or no longer fulfil the conditions for entry and/or stay in a Member State.

| (j) | any third-country national
  or stateless person present on the territory of a Member State
  who does not or no longer fulfil the conditions for entry and/or stay in a Member State
  including third country nationals whose return process has been formally or informally postponed
  . |
| --- | --- |

(j)

any third-country national
  or stateless person present on the territory of a Member State
  who does not or no longer fulfil the conditions for entry and/or stay in a Member State
  including third country nationals whose return process has been formally or informally postponed
  .

Amendment 53

Proposal for a regulation

Article 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 4a |
| | Partnership |
| | For the purposes of this Fund, the partnership referred to in Article 12 of Regulation (EU) No .../... [Horizontal Regulation] shall include amongst the participating authorities the competent regional, local and municipal authorities, international organisations and bodies representing civil society, such as non-governmental organisations and social partners. |

Text proposed by the Commission

Amendment

Article 4a

Partnership

For the purposes of this Fund, the partnership referred to in Article 12 of Regulation (EU) No .../... [Horizontal Regulation] shall include amongst the participating authorities the competent regional, local and municipal authorities, international organisations and bodies representing civil society, such as non-governmental organisations and social partners.

Amendment 54

Proposal for a regulation

Article 5 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | provision of material aid, education, training, support services, health and psychological care; |

Text proposed by the Commission

Amendment

(a)

provision of material aid, education, training, support services, health and psychological care;

| (a) | provision of material aid,
  including humanitarian assistance at the border,
  education, training, support services, health and psychological care; |
| --- | --- |

(a)

provision of material aid,
  including humanitarian assistance at the border,
  education, training, support services, health and psychological care;

Amendment 55

Proposal for a regulation

Article 5 — paragraph 1 — point a a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (aa) | setting up and improvement of administrative structures, systems and training for staff and relevant administrative and judicial authorities so as to ensure smooth and easy access to asylum procedures for asylum seekers and ensure efficient and high-quality asylum procedures; |

Text proposed by the Commission

Amendment

(aa)

setting up and improvement of administrative structures, systems and training for staff and relevant administrative and judicial authorities so as to ensure smooth and easy access to asylum procedures for asylum seekers and ensure efficient and high-quality asylum procedures;

Amendment 56

Proposal for a regulation

Article 5 — paragraph 1 — point a b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ab) | improvement and maintenance of existing accommodation infrastructure and services; |

Text proposed by the Commission

Amendment

(ab)

improvement and maintenance of existing accommodation infrastructure and services;

Amendment 57

Proposal for a regulation

Article 5 — paragraph 1 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | specific assistance for vulnerable persons such as minors, unaccompanied minors, disabled persons, elderly people, pregnant women, single parents with minor children, victims of trafficking, persons with serious physical illnesses, mental illnesses or post-traumatic disorders, and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence; |

Text proposed by the Commission

Amendment

(d)

specific assistance for vulnerable persons such as minors, unaccompanied minors, disabled persons, elderly people, pregnant women, single parents with minor children, victims of trafficking, persons with serious physical illnesses, mental illnesses or post-traumatic disorders, and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence;

| (d) | specific assistance for vulnerable persons such as minors, unaccompanied minors, disabled persons, elderly people, pregnant women, single parents with minor children, victims of trafficking, persons with serious physical illnesses, mental illnesses or post-traumatic disorders,
  persons at risk of violence due to a personal characteristic referred to in Article 21 of the Charter of Fundamental Rights,
  and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence; |
| --- | --- |

(d)

specific assistance for vulnerable persons such as minors, unaccompanied minors, disabled persons, elderly people, pregnant women, single parents with minor children, victims of trafficking, persons with serious physical illnesses, mental illnesses or post-traumatic disorders,
  persons at risk of violence due to a personal characteristic referred to in Article 21 of the Charter of Fundamental Rights,
  and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence;

Amendment 58

Proposal for a regulation

Article 5 — paragraph 1 — point e

| Text proposed by the Commission | Amendment |
| --- | --- |
| (e) | information for local communities as well as training for the staff of local authorities, who will be interacting with those being received; |

Text proposed by the Commission

Amendment

(e)

information for local communities as well as training for the staff of local authorities, who will be interacting with those being received;

| (e) | information for local communities as well as training for the staff of local authorities, who will be interacting with those being received
  , especially on compliance with fundamental rights of asylum seekers
  ;
  this includes training for staff who will be interacting with vulnerable persons referred to in point (d); |
| --- | --- |

(e)

information for local communities as well as training for the staff of local authorities, who will be interacting with those being received
  , especially on compliance with fundamental rights of asylum seekers
  ;
  this includes training for staff who will be interacting with vulnerable persons referred to in point (d);

Amendment 59

Proposal for a regulation

Article 5 — paragraph 1 — point f a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (fa) | establishment, development and improvement of alternative measures to detention. |

Text proposed by the Commission

Amendment

(fa)

establishment, development and improvement of alternative measures to detention.

Amendment 60

Proposal for a regulation

Article 5 — paragraph 2 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | establishment, development and improvement of accommodation infrastructure and services; |

Text proposed by the Commission

Amendment

(a)

establishment, development and improvement of accommodation infrastructure and services;

| (a) | establishment, development
  running
  and improvement of accommodation infrastructure and services; |
| --- | --- |

(a)

establishment, development
  running
  and improvement of accommodation infrastructure and services;

Amendment 61

Proposal for a regulation

Article 5 — paragraph 2 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | setting up of administrative structures, systems and training of staff and relevant judicial authorities to ensure smooth and easy access to asylum procedures for asylum seekers and efficient and quality asylum procedures. |

Text proposed by the Commission

Amendment

(b)

setting up of administrative structures, systems and training of staff and relevant judicial authorities to ensure smooth and easy access to asylum procedures for asylum seekers and efficient and quality asylum procedures.

| (b) | setting up of administrative structures, systems and training of staff and relevant
  administrative and
  judicial authorities to ensure smooth and easy access to asylum procedures for asylum seekers and efficient and quality asylum procedures. |
| --- | --- |

(b)

setting up of administrative structures, systems and training of staff and relevant
  administrative and
  judicial authorities to ensure smooth and easy access to asylum procedures for asylum seekers and efficient and quality asylum procedures.

Amendment 62

Proposal for a regulation

Article 6 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | actions enhancing the capacity of Member States to collect, analyse and disseminate data
  and statistics
  on asylum procedures, reception capacities, resettlement and relocation actions; |

Text proposed by the Commission

Amendment

(a)

actions enhancing the capacity of Member States to collect, analyse and disseminate data
  and statistics
  on asylum procedures, reception capacities, resettlement and relocation actions;

| (a) | actions enhancing the capacity of Member States
  - including in relation to the mechanism for early warning, preparedness and crisis management established in Regulation (EU) No [.../...] [the Dublin Regulation] -
  to collect, analyse and disseminate
  qualitative and quantitative
  data on asylum procedures, reception capacities, resettlement and relocation actions; |
| --- | --- |

(a)

actions enhancing the capacity of Member States
  - including in relation to the mechanism for early warning, preparedness and crisis management established in Regulation (EU) No [.../...] [the Dublin Regulation] -
  to collect, analyse and disseminate
  qualitative and quantitative
  data on asylum procedures, reception capacities, resettlement and relocation actions;

Amendment 63

Proposal for a regulation

Article 6 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | actions directly contributing to the evaluation of asylum policies, such as national impact assessments, surveys amongst target groups, the development of indicators and benchmarking. |

Text proposed by the Commission

Amendment

(b)

actions directly contributing to the evaluation of asylum policies, such as national impact assessments, surveys amongst target groups, the development of indicators and benchmarking.

| (b) | actions directly contributing to the evaluation of asylum policies, such as national impact assessments, surveys amongst target groups
  and other relevant stakeholders
  , the development of indicators and benchmarking. |
| --- | --- |

(b)

actions directly contributing to the evaluation of asylum policies, such as national impact assessments, surveys amongst target groups
  and other relevant stakeholders
  , the development of indicators and benchmarking.

Justification

Assessment practices must be as inclusive as possible.

Amendment 64

Proposal for a regulation

Article 7 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | establishment of appropriate infrastructure and services to ensure the smooth and effective implementation of resettlement and relocation actions; |

Text proposed by the Commission

Amendment

(b)

establishment of appropriate infrastructure and services to ensure the smooth and effective implementation of resettlement and relocation actions;

| (b) | establishment of appropriate infrastructure and services to ensure the smooth and effective implementation of resettlement and relocation actions
  , including language assistance and complying with the fundamental rights of the persons concerned
  ; |
| --- | --- |

(b)

establishment of appropriate infrastructure and services to ensure the smooth and effective implementation of resettlement and relocation actions
  , including language assistance and complying with the fundamental rights of the persons concerned
  ;

Amendment 65

Proposal for a regulation

Article 7 — paragraph 1 — point f a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (fa) | actions for family reunification purposes for persons being resettled in a Member State; |

Text proposed by the Commission

Amendment

(fa)

actions for family reunification purposes for persons being resettled in a Member State;

Amendment 66

Proposal for a regulation

Article 7 — paragraph 1 — point g

| Text proposed by the Commission | Amendment |
| --- | --- |
| (g) | strengthening of infrastructure and services in the countries designated for the implementation of Regional Protection Programmes. |

Text proposed by the Commission

Amendment

(g)

strengthening of infrastructure and services in the countries designated for the implementation of Regional Protection Programmes.

| (g) | strengthening of
  migration and asylum relevant
  infrastructure and services in the countries designated for the implementation of Regional Protection Programmes; |
| --- | --- |

(g)

strengthening of
  migration and asylum relevant
  infrastructure and services in the countries designated for the implementation of Regional Protection Programmes;

Amendment 67

Proposal for a regulation

Article 7 — paragraph 1 — point g a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ga) | establishment and development of strategies on resettlement and relocation, including needs analysis, improvement of indicators and evaluation. |

Text proposed by the Commission

Amendment

(ga)

establishment and development of strategies on resettlement and relocation, including needs analysis, improvement of indicators and evaluation.

Amendment 68

Proposal for a regulation

Article 7 — paragraph 1 — point g b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (gb) | creating conditions conductive to the integration, autonomy and self-reliance of resettled refugees on a long-term basis. |

Text proposed by the Commission

Amendment

(gb)

creating conditions conductive to the integration, autonomy and self-reliance of resettled refugees on a long-term basis.

Amendment 69

Proposal for a regulation

Article 8 — paragraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| In order to facilitate legal migration to the Union and better to prepare persons referred to in point (g) of Article 4(1) for their integration into the receiving society within the specific objective defined in point (b) of Article 3(2) and in the light of the agreed conclusions of the policy dialogue as provided for in Article 13 of the Regulation (EU) No .../... [Horizontal Regulation], the following actions taking place in the country of origin, shall in particular be eligible: | In order to facilitate legal migration to the Union and better to prepare persons referred to in point (g) of Article 4(1) for their integration into the receiving society within the specific objective defined in point (b) of Article 3(2) and in the light of the agreed conclusions of the policy dialogue as provided for in Article 13 of the Regulation (EU) No .../... [Horizontal Regulation], the following actions taking place in the country of origin shall in particular be eligible
  , while respecting policy coherence for development and, in particular, EU commitments in support of combating the brain drain
  : |

Text proposed by the Commission

Amendment

In order to facilitate legal migration to the Union and better to prepare persons referred to in point (g) of Article 4(1) for their integration into the receiving society within the specific objective defined in point (b) of Article 3(2) and in the light of the agreed conclusions of the policy dialogue as provided for in Article 13 of the Regulation (EU) No .../... [Horizontal Regulation], the following actions taking place in the country of origin, shall in particular be eligible:

In order to facilitate legal migration to the Union and better to prepare persons referred to in point (g) of Article 4(1) for their integration into the receiving society within the specific objective defined in point (b) of Article 3(2) and in the light of the agreed conclusions of the policy dialogue as provided for in Article 13 of the Regulation (EU) No .../... [Horizontal Regulation], the following actions taking place in the country of origin shall in particular be eligible
  , while respecting policy coherence for development and, in particular, EU commitments in support of combating the brain drain
  :

Amendment 70

Proposal for a regulation

Article 8 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | information packages and awareness-raising campaigns, including via user friendly communication and information technology and websites; |

Text proposed by the Commission

Amendment

(a)

information packages and awareness-raising campaigns, including via user friendly communication and information technology and websites;

| (a) | information packages and awareness-raising campaigns, including via user friendly communication and information technology and websites
  , disseminated in the different countries in a coordinated way and in accordance with a common European message
  ; |
| --- | --- |

(a)

information packages and awareness-raising campaigns, including via user friendly communication and information technology and websites
  , disseminated in the different countries in a coordinated way and in accordance with a common European message
  ;

Amendment 71

Proposal for a regulation

Article 9 — paragraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Within the specific objective defined in point (b) of Article 3(2), eligible actions shall take place in the framework of consistent strategies, implemented by non-governmental organisations, local and/or regional authorities and specifically designed for the integration, at the local and/or regional level, as appropriate, of persons referred to in points (a) to (g) of Article 4(1). In this context, eligible actions shall in particular include the following: | 1.   Within the specific objective defined in point (b) of Article 3(2), eligible actions shall take place in the framework of consistent strategies, implemented by
  international organisations,
  non-governmental organisations and local and/or regional authorities and specifically designed for the integration, at local and/or regional level, as appropriate, of persons referred to in points (a) to (g) of Article 4(1). In this context, eligible actions shall in particular include the following: |

Text proposed by the Commission

Amendment

1.   Within the specific objective defined in point (b) of Article 3(2), eligible actions shall take place in the framework of consistent strategies, implemented by non-governmental organisations, local and/or regional authorities and specifically designed for the integration, at the local and/or regional level, as appropriate, of persons referred to in points (a) to (g) of Article 4(1). In this context, eligible actions shall in particular include the following:

1.   Within the specific objective defined in point (b) of Article 3(2), eligible actions shall take place in the framework of consistent strategies, implemented by
  international organisations,
  non-governmental organisations and local and/or regional authorities and specifically designed for the integration, at local and/or regional level, as appropriate, of persons referred to in points (a) to (g) of Article 4(1). In this context, eligible actions shall in particular include the following:

Amendment 72

Proposal for a regulation

Article 9 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | setting up and developing such integration strategies, including needs analysis, the improvement of indicators and evaluation; |

Text proposed by the Commission

Amendment

(a)

setting up and developing such integration strategies, including needs analysis, the improvement of indicators and evaluation;

| (a) | setting up and developing such integration strategies
  with the participation of local and/or regional actors
  , including needs analysis, the improvement of
  integration
  indicators, and evaluation
  of the conditions particular to asylum-seekers, including participatory assessments, in order to identify best practices
  ; |
| --- | --- |

(a)

setting up and developing such integration strategies
  with the participation of local and/or regional actors
  , including needs analysis, the improvement of
  integration
  indicators, and evaluation
  of the conditions particular to asylum-seekers, including participatory assessments, in order to identify best practices
  ;

Amendment 73

Proposal for a regulation

Article 9 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | advice and assistance in areas such as housing, means of subsistence, administrative and legal guidance, medical, psychological and social care,
  and
  child care; |

Text proposed by the Commission

Amendment

(b)

advice and assistance in areas such as housing, means of subsistence, administrative and legal guidance, medical, psychological and social care,
  and
  child care;

| (b) | advice and assistance in areas such as housing, means of subsistence,
  integration into the labour market
  , administrative and legal guidance, medical, psychological and social care, child care
  and family reunification
  ; |
| --- | --- |

(b)

advice and assistance in areas such as housing, means of subsistence,
  integration into the labour market
  , administrative and legal guidance, medical, psychological and social care, child care
  and family reunification
  ;

Amendment 74

Proposal for a regulation

Article 9 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Actions referred to in paragraph 1 shall take into account the specific needs of different categories of third-country nationals and their family members, including those entering or residing for employment or self-employment and family reunification purposes, beneficiaries of international protection, asylum seekers, resettled or relocated persons and vulnerable groups of migrants, in particular, minors, unaccompanied minors, disabled persons, elderly people, pregnant women, single parents with minor children, victims of trafficking, and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence. | 2.   Actions referred to in paragraph 1 shall take into account the specific needs of different categories of third-country nationals and their family members, including those entering or residing for employment or self-employment and family reunification purposes, beneficiaries of international protection, asylum seekers, resettled or relocated persons and vulnerable groups of migrants, in particular, minors, unaccompanied minors, disabled persons, elderly people, pregnant women, single parents with minor children, victims of trafficking,
  persons at risk of violence due to a personal characteristic referred to in Article 21 of the Charter of Fundamental Rights,
  and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence. |

Text proposed by the Commission

Amendment

2.   Actions referred to in paragraph 1 shall take into account the specific needs of different categories of third-country nationals and their family members, including those entering or residing for employment or self-employment and family reunification purposes, beneficiaries of international protection, asylum seekers, resettled or relocated persons and vulnerable groups of migrants, in particular, minors, unaccompanied minors, disabled persons, elderly people, pregnant women, single parents with minor children, victims of trafficking, and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence.

2.   Actions referred to in paragraph 1 shall take into account the specific needs of different categories of third-country nationals and their family members, including those entering or residing for employment or self-employment and family reunification purposes, beneficiaries of international protection, asylum seekers, resettled or relocated persons and vulnerable groups of migrants, in particular, minors, unaccompanied minors, disabled persons, elderly people, pregnant women, single parents with minor children, victims of trafficking,
  persons at risk of violence due to a personal characteristic referred to in Article 21 of the Charter of Fundamental Rights,
  and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence.

Amendment 75

Proposal for a regulation

Article 10 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | reinforcing the capacity of Member States to develop, implement, monitor and evaluate their immigration strategies, policies and measures across the different levels and departments of administrations, in particular enhancement of their capacity to collect, analyse and disseminate data and statistics on migration procedures and flows, residence permits and development of monitoring tools, evaluation schemes, indicators and benchmarking for measuring achievements of these strategies; |

Text proposed by the Commission

Amendment

(b)

reinforcing the capacity of Member States to develop, implement, monitor and evaluate their immigration strategies, policies and measures across the different levels and departments of administrations, in particular enhancement of their capacity to collect, analyse and disseminate data and statistics on migration procedures and flows, residence permits and development of monitoring tools, evaluation schemes, indicators and benchmarking for measuring achievements of these strategies;

| (b) | reinforcing the capacity of Member States to develop, implement, monitor and evaluate their immigration strategies, policies and measures across the different levels and departments of administrations, in particular enhancement of their capacity to collect, analyse and disseminate
  detailed and systematic
  data and statistics on migration procedures and flows, residence permits and development of monitoring tools, evaluation schemes, indicators and benchmarking for measuring achievements of these strategies; |
| --- | --- |

(b)

reinforcing the capacity of Member States to develop, implement, monitor and evaluate their immigration strategies, policies and measures across the different levels and departments of administrations, in particular enhancement of their capacity to collect, analyse and disseminate
  detailed and systematic
  data and statistics on migration procedures and flows, residence permits and development of monitoring tools, evaluation schemes, indicators and benchmarking for measuring achievements of these strategies;

Amendment 76

Proposal for a regulation

Article 10 — paragraph 1 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | furthering
  intercultural
  capacities of implementing organisations providing public and private services, including educational institutions, promoting the exchange of experience and good practices, cooperation and networking; |

Text proposed by the Commission

Amendment

(c)

furthering
  intercultural
  capacities of implementing organisations providing public and private services, including educational institutions, promoting the exchange of experience and good practices, cooperation and networking;

| (c) | furthering capacities of implementing organisations providing public and private services, including educational institutions,
  in the field of interculturality and of human rights;
  promoting the exchange of experience and good practices, cooperation and networking; |
| --- | --- |

(c)

furthering capacities of implementing organisations providing public and private services, including educational institutions,
  in the field of interculturality and of human rights;
  promoting the exchange of experience and good practices, cooperation and networking;

Amendment 77

Proposal for a regulation

Article 11 — paragraph 1 — point a a(new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (aa) | introduction, development and improvement of alternative measures to detention; |

Text proposed by the Commission

Amendment

(aa)

introduction, development and improvement of alternative measures to detention;

Amendment 78

Proposal for a regulation

Article 11 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | setting up of administrative structures, systems and training of staff to ensure
  smooth
  return procedures; |

Text proposed by the Commission

Amendment

(b)

setting up of administrative structures, systems and training of staff to ensure
  smooth
  return procedures;

| (b) | setting up of administrative structures, systems and training of staff to ensure
  that
  return procedures
  are smooth and fully protect the fundamental rights of migrants
  ; |
| --- | --- |

(b)

setting up of administrative structures, systems and training of staff to ensure
  that
  return procedures
  are smooth and fully protect the fundamental rights of migrants
  ;

Amendment 79

Proposal for a regulation

Article 11 — paragraph 1 — point b a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ba) | supporting the independent assessment and monitoring of return operations by civil society organisations, in order to ensure compliance with human rights; |

Text proposed by the Commission

Amendment

(ba)

supporting the independent assessment and monitoring of return operations by civil society organisations, in order to ensure compliance with human rights;

Amendment 80

Proposal for a regulation

Article 11 — paragraph 1 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | provision of material aid, health and psychological care; |

Text proposed by the Commission

Amendment

(c)

provision of material aid, health and psychological care;

| (c) | provision of material aid, health and psychological care
  , including for third-country nationals whose removal has been postponed in accordance with Article 9 and Article 14(1) of Directive 2008/115/EC
  ; |
| --- | --- |

(c)

provision of material aid, health and psychological care
  , including for third-country nationals whose removal has been postponed in accordance with Article 9 and Article 14(1) of Directive 2008/115/EC
  ;

Amendment 81

Proposal for a regulation

Article 11 — paragraph 1 — point f a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (fa) | introduction and improvement of independent and effective systems for monitoring enforced return, as laid down in Article 6 of Directive 2008/115/EC. |

Text proposed by the Commission

Amendment

(fa)

introduction and improvement of independent and effective systems for monitoring enforced return, as laid down in Article 6 of Directive 2008/115/EC.

Amendment 82

Proposal for a regulation

Article 12 — paragraph 1 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | measures to launch the progress of reintegration for the returnee's personal development, such as cash-incentives, training, placement and employment assistance and start-up support for economic activities; |

Text proposed by the Commission

Amendment

(c)

measures to launch the progress of reintegration for the returnee's personal development, such as cash-incentives, training, placement and employment assistance and start-up support for economic activities;

| (c) | measures to launch the progress of reintegration for the returnee's personal development, such as cash-incentives, training, placement and employment assistance and start-up support for economic activities
  , including pre-return measures
  ; |
| --- | --- |

(c)

measures to launch the progress of reintegration for the returnee's personal development, such as cash-incentives, training, placement and employment assistance and start-up support for economic activities
  , including pre-return measures
  ;

Amendment 83

Proposal for a regulation

Article 13 — paragraph 1 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | actions enhancing the capacity to collect, analyse and disseminate data and statistics on return procedures and measures, reception and detention capacities, enforced and voluntary returns, monitoring and reintegration; |

Text proposed by the Commission

Amendment

(d)

actions enhancing the capacity to collect, analyse and disseminate data and statistics on return procedures and measures, reception and detention capacities, enforced and voluntary returns, monitoring and reintegration;

| (d) | actions enhancing the capacity to collect, analyse and disseminate
  detailed and systematic
  data and statistics on return procedures and measures, reception and detention capacities, enforced and voluntary returns, monitoring and reintegration; |
| --- | --- |

(d)

actions enhancing the capacity to collect, analyse and disseminate
  detailed and systematic
  data and statistics on return procedures and measures, reception and detention capacities, enforced and voluntary returns, monitoring and reintegration;

Amendment 84

Proposal for a regulation

Article 14 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The
  global resources
  for the implementation of this Regulation shall be EUR 3,869  million. | 1.   The
  prime reference financial envelope as defined in point [17] of the Interinstitutional Agreement of XX/201Z between the European Parliament, the Council and the Commission on cooperation in budgetary matters and sound financial management
  for the implementation of this Regulation
  for the years 2014 — 2020
  shall be EUR 3,869  million. |

Text proposed by the Commission

Amendment

1.   The
  global resources
  for the implementation of this Regulation shall be EUR 3,869  million.

1.   The
  prime reference financial envelope as defined in point [17] of the Interinstitutional Agreement of XX/201Z between the European Parliament, the Council and the Commission on cooperation in budgetary matters and sound financial management
  for the implementation of this Regulation
  for the years 2014 — 2020
  shall be EUR 3,869  million.

Amendment 85

Proposal for a regulation

Article 14 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The annual appropriations for the Fund shall be authorised by the budgetary authority
  within
  the
  limits
  of the financial framework. | 2.   The annual appropriations for the Fund shall be authorised by the budgetary authority
  without prejudice to
  the
  provisions
  of the
  Regulation laying down the multiannual
  financial framework
  for the years 2014-2020 and the Interinstitutional Agreement of xxx/201z between the European Parliament, the Council and the Commission on cooperation in budgetary matters and sound financial management
  . |

Text proposed by the Commission

Amendment

2.   The annual appropriations for the Fund shall be authorised by the budgetary authority
  within
  the
  limits
  of the financial framework.

2.   The annual appropriations for the Fund shall be authorised by the budgetary authority
  without prejudice to
  the
  provisions
  of the
  Regulation laying down the multiannual
  financial framework
  for the years 2014-2020 and the Interinstitutional Agreement of xxx/201z between the European Parliament, the Council and the Commission on cooperation in budgetary matters and sound financial management
  .

Amendment 86

Proposal for a regulation

Article 14 — paragraph 3 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   The
  global resources
  shall be implemented through the following means: | 3.   The
  prime reference financial envelope
  shall be implemented through the following means: |

Text proposed by the Commission

Amendment

3.   The
  global resources
  shall be implemented through the following means:

3.   The
  prime reference financial envelope
  shall be implemented through the following means:

Amendment 87

Proposal for a regulation

Article 14 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   The global resources available under this Regulation shall be implemented under shared management in accordance with [point (b) of Article 55(1) of the New Financial Regulation] (5)

  , with the exception of Union actions referred to in Article 21, the emergency assistance referred to in Article 22, the European Migration Network referred to in Article 23, and technical assistance referred to in Article 24
  . | 4.   The
  prime reference financial envelope
  available under this Regulation shall be implemented
  under direct management (in particular the Union actions referred to in Article 21, the emergency assistance referred to in Article 22, the European Migration Network referred to in Article 23, and technical assistance referred to in Article 24) or
  under shared management in accordance with point (c) of Article 58(1) of the New Financial Regulation (6). |

Text proposed by the Commission

Amendment

4.   The global resources available under this Regulation shall be implemented under shared management in accordance with [point (b) of Article 55(1) of the New Financial Regulation] (5)

  , with the exception of Union actions referred to in Article 21, the emergency assistance referred to in Article 22, the European Migration Network referred to in Article 23, and technical assistance referred to in Article 24
  .

4.   The
  prime reference financial envelope
  available under this Regulation shall be implemented
  under direct management (in particular the Union actions referred to in Article 21, the emergency assistance referred to in Article 22, the European Migration Network referred to in Article 23, and technical assistance referred to in Article 24) or
  under shared management in accordance with point (c) of Article 58(1) of the New Financial Regulation (6).

Justification

Implementation of the EU's budget under shared management should be the exception, not the rule.

Amendment 88

Proposal for a regulation

Article 14 — paragraph 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 4a.
     
  The Commission remains responsible for the implementation of the Union budget in accordance with Article 317 TFEU and shall inform the European Parliament and the Council on the operations carried out by entities other than Member States. |

Text proposed by the Commission

Amendment

4a.
     
  The Commission remains responsible for the implementation of the Union budget in accordance with Article 317 TFEU and shall inform the European Parliament and the Council on the operations carried out by entities other than Member States.

Amendment 89

Proposal for a regulation

Article 14 — paragraph 5 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.   
  The global resources
  shall be used indicatively as follows: | 5.   
  Without prejudice to the prerogatives of the budgetary authority, the prime reference financial envelope
  shall be used indicatively as follows: |

Text proposed by the Commission

Amendment

5.   
  The global resources
  shall be used indicatively as follows:

5.   
  Without prejudice to the prerogatives of the budgetary authority, the prime reference financial envelope
  shall be used indicatively as follows:

Amendment 90

Proposal for a regulation

Article 14 — paragraph 5 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | EUR 3,232  million
  for national programmes of Member States; |

Text proposed by the Commission

Amendment

(a)

EUR 3,232  million
  for national programmes of Member States;

| (a) | 83 %
  for national programmes of Member States; |
| --- | --- |

(a)

83 %
  for national programmes of Member States;

Justification

For technical reasons, the amounts have been expressed as percentages.

Amendment 91

Proposal for a regulation

Article 14 — paragraph 5 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | EUR 637 million
  for Union actions, emergency assistance, European Migration Network and technical assistance of the Commission. |

Text proposed by the Commission

Amendment

(b)

EUR 637 million
  for Union actions, emergency assistance, European Migration Network and technical assistance of the Commission.

| (b) | 17 %
  for Union actions, emergency assistance, European Migration Network and technical assistance of the Commission. |
| --- | --- |

(b)

17 %
  for Union actions, emergency assistance, European Migration Network and technical assistance of the Commission.

Amendment 92

Proposal for a regulation

Article 15 — paragraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   
  EUR 3,232  million
  shall be allocated to the Member States indicatively as follows: | 1.   
  Without prejudice to the prerogatives of the budgetary authority, resources earmarked for national programmes
  shall be allocated to the Member States indicatively as follows: |

Text proposed by the Commission

Amendment

1.   
  EUR 3,232  million
  shall be allocated to the Member States indicatively as follows:

1.   
  Without prejudice to the prerogatives of the budgetary authority, resources earmarked for national programmes
  shall be allocated to the Member States indicatively as follows:

Amendment 93

Proposal for a regulation

Article 15 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | EUR 2 372  million
  as indicated in Annex I; |

Text proposed by the Commission

Amendment

(a)

EUR 2 372  million
  as indicated in Annex I;

| (a) | 73 %
  as indicated in Annex I; |
| --- | --- |

(a)

73 %
  as indicated in Annex I;

Amendment 94

Proposal for a regulation

Article 15 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | EUR 700 million
  based on the distribution mechanism for specific actions as referred to in Article 16, for the Union Resettlement Programme as referred to in Article 17 and for relocation as referred to in Article 18; |

Text proposed by the Commission

Amendment

(b)

EUR 700 million
  based on the distribution mechanism for specific actions as referred to in Article 16, for the Union Resettlement Programme as referred to in Article 17 and for relocation as referred to in Article 18;

| (b) | 22 %
  based on the distribution mechanism for specific actions as referred to in Article 16, for the Union Resettlement Programme as referred to in Article 17 and for relocation as referred to in Article 18; |
| --- | --- |

(b)

22 %
  based on the distribution mechanism for specific actions as referred to in Article 16, for the Union Resettlement Programme as referred to in Article 17 and for relocation as referred to in Article 18;

Amendment 95

Proposal for a regulation

Article 15 — paragraph 1 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | EUR 160 million
  in the framework of the mid-term review and from the period as of budget year
  2018
  , to take into account important changes in migration flows and/or address the specific needs established by the Commission provided for in Article 19. |

Text proposed by the Commission

Amendment

(c)

EUR 160 million
  in the framework of the mid-term review and from the period as of budget year
  2018
  , to take into account important changes in migration flows and/or address the specific needs established by the Commission provided for in Article 19.

| (c) | 5 %
  in the framework of the mid-term review and from the period as of budget year
  2017
  , to take into account important changes in migration flows and/or address the specific needs established by the Commission provided for in Article 19. |
| --- | --- |

(c)

5 %
  in the framework of the mid-term review and from the period as of budget year
  2017
  , to take into account important changes in migration flows and/or address the specific needs established by the Commission provided for in Article 19.

Amendment 96

Proposal for a regulation

Article 15 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a.
     
  The funding allocated for the achievement of the objectives laid down in Article 3(2) shall be apportioned on a fair, balanced and transparent basis. Member States shall ensure that all actions financed by the Fund are compatible with the acquis of the Union in the areas of asylum and immigration, even if they are not bound by associated measures or subject to their application. |

Text proposed by the Commission

Amendment

2a.
     
  The funding allocated for the achievement of the objectives laid down in Article 3(2) shall be apportioned on a fair, balanced and transparent basis. Member States shall ensure that all actions financed by the Fund are compatible with the acquis of the Union in the areas of asylum and immigration, even if they are not bound by associated measures or subject to their application.

Amendment 97

Proposal for a regulation

Article 17 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Member States shall, in addition to their allocation calculated in accordance with point (a) of Article 15(1), receive every two years an additional amount as set out in point (b) of Article 15(2) based on a lump sum of EUR
  6,000
  for each resettled person. | 1.   Member States shall, in addition to their allocation calculated in accordance with point (a) of Article 15(1), receive every two years an additional amount as set out in point (b) of Article 15(2) based on a lump sum of EUR
  4 000
  for each resettled person
  spent on resettlement activities referred to in Article 7. The effective implementation of the activities shall be monitored and evaluated by the EASO Resettlement Unit
  . |

Text proposed by the Commission

Amendment

1.   Member States shall, in addition to their allocation calculated in accordance with point (a) of Article 15(1), receive every two years an additional amount as set out in point (b) of Article 15(2) based on a lump sum of EUR
  6,000
  for each resettled person.

1.   Member States shall, in addition to their allocation calculated in accordance with point (a) of Article 15(1), receive every two years an additional amount as set out in point (b) of Article 15(2) based on a lump sum of EUR
  4 000
  for each resettled person
  spent on resettlement activities referred to in Article 7. The effective implementation of the activities shall be monitored and evaluated by the EASO Resettlement Unit
  .

Amendment 98

Proposal for a regulation

Article 17 — paragraph 1 — subparagraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | The lump sum referred to in paragraph 1 shall be increased by EUR 3 000 for each person resettled in addition to the previous resettlement quota of the Member State, or in case the resettled person is resettled to a Member State that has not previously performed Union funded resettlement. |

Text proposed by the Commission

Amendment

The lump sum referred to in paragraph 1 shall be increased by EUR 3 000 for each person resettled in addition to the previous resettlement quota of the Member State, or in case the resettled person is resettled to a Member State that has not previously performed Union funded resettlement.

Amendment 99

Proposal for a regulation

Article 17 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The lump sum referred to in paragraph 1 shall be increased
  to EUR 10,000
  for each person resettled according to the common Union resettlement priorities established pursuant to paragraphs 3 and 4 and listed in Annex III. | 2.   The lump sum referred to in paragraph 1 shall
  also
  be increased
  by EUR 3 000
  for each person resettled according to the common Union resettlement priorities established pursuant to paragraphs 3 and 4 and listed in Annex III. |

Text proposed by the Commission

Amendment

2.   The lump sum referred to in paragraph 1 shall be increased
  to EUR 10,000
  for each person resettled according to the common Union resettlement priorities established pursuant to paragraphs 3 and 4 and listed in Annex III.

2.   The lump sum referred to in paragraph 1 shall
  also
  be increased
  by EUR 3 000
  for each person resettled according to the common Union resettlement priorities established pursuant to paragraphs 3 and 4 and listed in Annex III.

Amendment 100

Proposal for a regulation

Article 17 — paragraph 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3a.
     
  Member States pooling their pledges in an open ended commitment shall get additional sums and support per each person resettled in order to achieve the quantitative and qualitative goals of the Union Resettlement Programme, by reaching at least 20 000 resettlements per year until the year 2020 and setting good practices and common standards for the integration of refugees. These Member States will work closely with the EASO's Resettlement Unit in order to establish and regularly improve and review the guidelines for these quantitative and qualitative goals. |

Text proposed by the Commission

Amendment

3a.
     
  Member States pooling their pledges in an open ended commitment shall get additional sums and support per each person resettled in order to achieve the quantitative and qualitative goals of the Union Resettlement Programme, by reaching at least 20 000 resettlements per year until the year 2020 and setting good practices and common standards for the integration of refugees. These Member States will work closely with the EASO's Resettlement Unit in order to establish and regularly improve and review the guidelines for these quantitative and qualitative goals.

Amendment 101

Proposal for a regulation

Article 17 — paragraph 4 — indent 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | — | persons who have been subjected to acts of violence and/or torture; |

Text proposed by the Commission

Amendment

—

persons who have been subjected to acts of violence and/or torture;

Amendment 102

Proposal for a regulation

Article 17 — paragraph 4 — indent 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| — | persons
  in need of
  emergency resettlement for legal
  or
  physical protection needs. |

Text proposed by the Commission

Amendment

—

persons
  in need of
  emergency resettlement for legal
  or
  physical protection needs.

| — | persons
  needing
  emergency resettlement for legal
  and/or
  physical protection needs. |
| --- | --- |

—

persons
  needing
  emergency resettlement for legal
  and/or
  physical protection needs.

Amendment 103

Proposal for a regulation

Article 17 — paragraph 4 — indent 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | — | persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence. |

Text proposed by the Commission

Amendment

—

persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence.

Amendment 104

Proposal for a regulation

Article 17 — paragraph 8

| Text proposed by the Commission | Amendment |
| --- | --- |
| 8.   To effectively pursue the objectives of the Union Resettlement Programme and within the limits of available resources, the Commission shall be empowered to adopt delegated acts in accordance with Article 26 to adjust, if deemed appropriate, the lump sums referred to in paragraphs 1
  and 2
  . | 8.   To effectively pursue the objectives of the Union Resettlement Programme and within the limits of available resources, the Commission shall be empowered to adopt delegated acts in accordance with Article 26 to adjust, if deemed appropriate, the lump sums referred to in paragraphs 1
  , 2 and 3a
  . |

Text proposed by the Commission

Amendment

8.   To effectively pursue the objectives of the Union Resettlement Programme and within the limits of available resources, the Commission shall be empowered to adopt delegated acts in accordance with Article 26 to adjust, if deemed appropriate, the lump sums referred to in paragraphs 1
  and 2
  .

8.   To effectively pursue the objectives of the Union Resettlement Programme and within the limits of available resources, the Commission shall be empowered to adopt delegated acts in accordance with Article 26 to adjust, if deemed appropriate, the lump sums referred to in paragraphs 1
  , 2 and 3a
  .

Amendment 105

Proposal for a regulation

Article 18 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Member States shall, in addition to their allocation calculated in accordance with point (a) of Article 15(1), receive, when deemed appropriate, an additional amount as set out in point (b) of Article 15(2) based on a lump sum of EUR
  6,000
  for each person relocated from another Member State. | 1.   Member States shall, in addition to their allocation calculated in accordance with point (a) of Article 15(1), receive, when deemed appropriate, an additional amount as set out in point (b) of Article 15(2) based on a lump sum of EUR
  4 000
  for each person relocated from another Member State. |

Text proposed by the Commission

Amendment

1.   Member States shall, in addition to their allocation calculated in accordance with point (a) of Article 15(1), receive, when deemed appropriate, an additional amount as set out in point (b) of Article 15(2) based on a lump sum of EUR
  6,000
  for each person relocated from another Member State.

1.   Member States shall, in addition to their allocation calculated in accordance with point (a) of Article 15(1), receive, when deemed appropriate, an additional amount as set out in point (b) of Article 15(2) based on a lump sum of EUR
  4 000
  for each person relocated from another Member State.

Amendment 106

Proposal for a regulation

Article 18 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a.
     
  The Commission shall establish strict procedural guarantees and clear criteria for relocation measures. These procedural guarantees include, inter alia, the establishment of transparent, non-discriminatory selection criteria; the information to be provided to the potential beneficiaries of relocation; the communication in writing of the selection or non-selection of the applicants interviewed; reasonable time limits for candidates for relocation to take their decisions and, if necessary, make suitable preparations for their departure; the requirement for their voluntary consent to benefit from relocation measures. |

Text proposed by the Commission

Amendment

2a.
     
  The Commission shall establish strict procedural guarantees and clear criteria for relocation measures. These procedural guarantees include, inter alia, the establishment of transparent, non-discriminatory selection criteria; the information to be provided to the potential beneficiaries of relocation; the communication in writing of the selection or non-selection of the applicants interviewed; reasonable time limits for candidates for relocation to take their decisions and, if necessary, make suitable preparations for their departure; the requirement for their voluntary consent to benefit from relocation measures.

Amendment 107

Proposal for a regulation

Article 18 — paragraph 2 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2b.
     
  Relocation measures shall be accompanied by an action plan to maintain and/or improve the quality of asylum systems and reception and integration conditions in the Member State of departure concerned. |

Text proposed by the Commission

Amendment

2b.
     
  Relocation measures shall be accompanied by an action plan to maintain and/or improve the quality of asylum systems and reception and integration conditions in the Member State of departure concerned.

Amendment 108

Proposal for a regulation

Article 19 — paragraph 1 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   In order to allocate the amount indicated in point (c) of Article 15(1), by 31 May
  2017
  the Commission shall assess the needs of Member States as regards their asylum and reception systems, their situation concerning migration flows in the period 2014 to
  2016
  and the expected developments. | 1.   In order to allocate the amount indicated in point (c) of Article 15(1), by 31 May 
  2016
  the Commission shall assess the needs of Member States as regards their asylum and reception systems, their situation concerning migration flows in the period 2014 to
  2015
  and the expected developments. |

Text proposed by the Commission

Amendment

1.   In order to allocate the amount indicated in point (c) of Article 15(1), by 31 May
  2017
  the Commission shall assess the needs of Member States as regards their asylum and reception systems, their situation concerning migration flows in the period 2014 to
  2016
  and the expected developments.

1.   In order to allocate the amount indicated in point (c) of Article 15(1), by 31 May 
  2016
  the Commission shall assess the needs of Member States as regards their asylum and reception systems, their situation concerning migration flows in the period 2014 to
  2015
  and the expected developments.

Amendment 109

Proposal for a regulation

Article 19 — paragraph 1 — subparagraph 3 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | migratory pressure: |

Text proposed by the Commission

Amendment

(b)

migratory pressure:

| (b) | specific pressures
  : |
| --- | --- |

(b)

specific pressures
  :

Amendment 110

Proposal for a regulation

Article 19 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   On the basis of that pattern, the Commission shall determine by way of
  implementing
  acts the Member States which shall receive an additional amount and establish a distribution matrix for allocation of the available resources amongst those Member States
  in accordance with the procedure referred to in Article 27(3)
  . | 2.   On the basis of that pattern, the Commission shall determine by way of
  delegated
  acts
  adopted in accordance with Article 26,
  the Member States which shall receive an additional amount and establish a distribution matrix for allocation of the available resources amongst those Member States. |

Text proposed by the Commission

Amendment

2.   On the basis of that pattern, the Commission shall determine by way of
  implementing
  acts the Member States which shall receive an additional amount and establish a distribution matrix for allocation of the available resources amongst those Member States
  in accordance with the procedure referred to in Article 27(3)
  .

2.   On the basis of that pattern, the Commission shall determine by way of
  delegated
  acts
  adopted in accordance with Article 26,
  the Member States which shall receive an additional amount and establish a distribution matrix for allocation of the available resources amongst those Member States.

Amendment 111

Proposal for a regulation

Article 21 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   At the Commission’s initiative, the Fund may be used to finance transnational actions or actions of particular interest to the Union, concerning the general and specific objectives referred to in Article 3. | 1.   At the Commission’s initiative, the Fund may be used to finance transnational actions or actions of particular interest to the Union, concerning the general and specific objectives referred to in Article 3
  , while respecting policy coherence for development
  . |

Text proposed by the Commission

Amendment

1.   At the Commission’s initiative, the Fund may be used to finance transnational actions or actions of particular interest to the Union, concerning the general and specific objectives referred to in Article 3.

1.   At the Commission’s initiative, the Fund may be used to finance transnational actions or actions of particular interest to the Union, concerning the general and specific objectives referred to in Article 3
  , while respecting policy coherence for development
  .

Amendment 112

Proposal for a regulation

Article 21 — paragraph 2 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | the furthering of Union cooperation in implementing Union law and good practices in the field of asylum, including resettlement and relocation, legal migration, including integration of third-country nationals, and return; |

Text proposed by the Commission

Amendment

(a)

the furthering of Union cooperation in implementing Union law and good practices in the field of asylum, including resettlement and relocation, legal migration, including integration of third-country nationals, and return;

| (a) | the furthering of Union cooperation in implementing Union law and good practices in the field of asylum, including resettlement and relocation, legal migration, including integration of third-country nationals
  or stateless persons
  , and return; |
| --- | --- |

(a)

the furthering of Union cooperation in implementing Union law and good practices in the field of asylum, including resettlement and relocation, legal migration, including integration of third-country nationals
  or stateless persons
  , and return;

Amendment 113

Proposal for a regulation

Article 21 — paragraph 2 — point f

| Text proposed by the Commission | Amendment |
| --- | --- |
| (f) | cooperation with third-countries, in particular in the framework of the implementation of readmission agreements, mobility partnerships and regional protection programmes. |

Text proposed by the Commission

Amendment

(f)

cooperation with third-countries, in particular in the framework of the implementation of readmission agreements, mobility partnerships and regional protection programmes.

| (f) | cooperation with third-countries
  on the basis of the Global Approach on Migration
  , in particular in the framework of the implementation of readmission agreements, mobility partnerships, regional protection programmes
  and safe access to Union asylum system, in accordance with Article 24a
  . |
| --- | --- |

(f)

cooperation with third-countries
  on the basis of the Global Approach on Migration
  , in particular in the framework of the implementation of readmission agreements, mobility partnerships, regional protection programmes
  and safe access to Union asylum system, in accordance with Article 24a
  .

Amendment 114

Proposal for a regulation

Article 21 — paragraph 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3a.
     
  Where Union actions are carried out through indirect centralised management by Union agencies active in home affairs, the Commission shall ensure the fair, equitable and transparent allocation of funding between the various agencies. These actions shall be included in the responsibilities of these agencies in addition to their working programmes. |

Text proposed by the Commission

Amendment

3a.
     
  Where Union actions are carried out through indirect centralised management by Union agencies active in home affairs, the Commission shall ensure the fair, equitable and transparent allocation of funding between the various agencies. These actions shall be included in the responsibilities of these agencies in addition to their working programmes.

Amendment 115

Proposal for a regulation

Article 21 — paragraph 3 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3b.
     
  The Commission shall ensure a fair and equitable distribution of funds in respect of each of the objectives referred in Article 3(2). |

Text proposed by the Commission

Amendment

3b.
     
  The Commission shall ensure a fair and equitable distribution of funds in respect of each of the objectives referred in Article 3(2).

Amendment 116

Proposal for a regulation

Article 22 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The Fund shall provide financial assistance to address urgent and specific needs in the event of an emergency situation. | 1.   The Fund shall provide financial assistance to address urgent and specific needs in the event of an emergency situation
  as defined in Article 2(f)
  .
  Measures implemented in third countries in line with this Article shall be consistent with and complementary to the Union humanitarian policy and respect humanitarian principles as set out in the Consensus on Humanitarian Aid. |

Text proposed by the Commission

Amendment

1.   The Fund shall provide financial assistance to address urgent and specific needs in the event of an emergency situation.

1.   The Fund shall provide financial assistance to address urgent and specific needs in the event of an emergency situation
  as defined in Article 2(f)
  .
  Measures implemented in third countries in line with this Article shall be consistent with and complementary to the Union humanitarian policy and respect humanitarian principles as set out in the Consensus on Humanitarian Aid.

Amendment 117

Proposal for a regulation

Article 23 — paragraph 2 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | to serve as an Union advisory council for migration and asylum through co-ordination and cooperation at both national and Union level with representatives of Member States, academia, civil society, think-tanks and other Union/international entities; |

Text proposed by the Commission

Amendment

(a)

to serve as an Union advisory council for migration and asylum through co-ordination and cooperation at both national and Union level with representatives of Member States, academia, civil society, think-tanks and other Union/international entities;

| (a) | to serve as an Union advisory council for migration and asylum through co-ordination and cooperation at both national and Union level with representatives of Member States, academia, civil society, think-tanks and other Union/international entities
  , particularly those specialised in asylum and immigration issues
  ; |
| --- | --- |

(a)

to serve as an Union advisory council for migration and asylum through co-ordination and cooperation at both national and Union level with representatives of Member States, academia, civil society, think-tanks and other Union/international entities
  , particularly those specialised in asylum and immigration issues
  ;

Amendment 118

Proposal for a regulation

Article 23 — paragraph 2 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | to provide the general public with the information referred to in point (b). |

Text proposed by the Commission

Amendment

(c)

to provide the general public with the information referred to in point (b).

| (c) | to provide the general public with the information referred to in point (b)
  in conjunction with civil society and non-governmental organisations involved in immigration and asylum
  . |
| --- | --- |

(c)

to provide the general public with the information referred to in point (b)
  in conjunction with civil society and non-governmental organisations involved in immigration and asylum
  .

Amendment 119

Proposal for a regulation

Article 23 — paragraph 5 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | a Steering Board to provide political guidance on and approve the activities of the European Migration Network, comprising of the Commission plus experts from Member States, the European Parliament and from other relevant entities; |

Text proposed by the Commission

Amendment

(b)

a Steering Board to provide political guidance on and approve the activities of the European Migration Network, comprising of the Commission plus experts from Member States, the European Parliament and from other relevant entities;

| (b) | a Steering Board to provide political guidance on and approve the activities of the European Migration Network, comprising of the Commission plus experts from Member States, the European Parliament and from other relevant
  independent
  entities; |
| --- | --- |

(b)

a Steering Board to provide political guidance on and approve the activities of the European Migration Network, comprising of the Commission plus experts from Member States, the European Parliament and from other relevant
  independent
  entities;

Amendment 120

Proposal for a regulation

Article 23 — paragraph 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| 7.   The amount made available for the European Migration Network under the annual appropriations of the Fund and the work programme laying down the priorities for its activities shall be adopted in accordance with the procedure referred to in Article
  27(3)
  and, if possible, combined with the work programme for Union actions and emergency assistance. | 7.   The amount made available for the European Migration Network under the annual appropriations of the Fund and the work programme laying down the priorities for its activities shall be adopted in accordance with the procedure referred to in Article 
  26
  and, if possible, combined with the work programme for Union actions and emergency assistance. |

Text proposed by the Commission

Amendment

7.   The amount made available for the European Migration Network under the annual appropriations of the Fund and the work programme laying down the priorities for its activities shall be adopted in accordance with the procedure referred to in Article
  27(3)
  and, if possible, combined with the work programme for Union actions and emergency assistance.

7.   The amount made available for the European Migration Network under the annual appropriations of the Fund and the work programme laying down the priorities for its activities shall be adopted in accordance with the procedure referred to in Article 
  26
  and, if possible, combined with the work programme for Union actions and emergency assistance.

Amendment 121

Proposal for a regulation

Article 24 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 24a |
| | Coordination |
| | The Commission and the Members States, together with the European External Action Service, shall ensure coordination as regards actions in and in relation to third countries. They shall notably ensure that those actions: |
| | (a) | comply with the EU external policy and in particular with the principle of Policy Coherence for development and be coherent with the strategic programming documents for the region or country in question; |

Text proposed by the Commission

Amendment

Article 24a

Coordination

The Commission and the Members States, together with the European External Action Service, shall ensure coordination as regards actions in and in relation to third countries. They shall notably ensure that those actions:

(a)

comply with the EU external policy and in particular with the principle of Policy Coherence for development and be coherent with the strategic programming documents for the region or country in question;

| (b) | focus on non-development-oriented measures; |
| --- | --- |

(b)

focus on non-development-oriented measures;

| (c) | are part of a short or possibly medium-term approach, depending on the nature of the actions and priorities; |
| --- | --- |

(c)

are part of a short or possibly medium-term approach, depending on the nature of the actions and priorities;

| (d) | essentially serve the interests of the Union, have a direct impact on the Union and its Member States, and provide the necessary continuity with activities undertaken inside the Union. |
| --- | --- |

(d)

essentially serve the interests of the Union, have a direct impact on the Union and its Member States, and provide the necessary continuity with activities undertaken inside the Union.

Amendment 122

Proposal for a regulation

Article 25 — indent 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | — | used for the benefit of resettlement or relocation actions
  . |

Text proposed by the Commission

Amendment

—

used for the benefit of resettlement or relocation actions
  .

Amendment 123

Proposal for a regulation

Article 29 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The provisions of Regulation (EU) No .../... [Horizontal Regulation] shall apply to this Fund. | The provisions of Regulation (EU) No .../... [Horizontal Regulation] shall apply to this Fund,
  without prejudice to Article 4(a) of this Regulation. |

Text proposed by the Commission

Amendment

The provisions of Regulation (EU) No .../... [Horizontal Regulation] shall apply to this Fund.

The provisions of Regulation (EU) No .../... [Horizontal Regulation] shall apply to this Fund,
  without prejudice to Article 4(a) of this Regulation.

Amendment 124

Proposal for a regulation

Annex II — point 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (2a) | Establishment of a Resettlement Unit within the EASO with proper staff allocated to carry out the necessary coordination between all the ongoing resettlement activities in the Member States, conduct missions to the third countries and/or other Member States, to assist in the carrying out of interviews, medical and security screenings, to gather expertise, enable information collecting and sharing, to establish close contact with the UNHCR and local NGOs, to play an important role in the monitoring and evaluation of the effectiveness and quality of the programmes, to promote awareness and to ensure Union wide networking and exchange of good practices among resettling stakeholders, including partnerships between international organizations, public authorities and civil society. |

Text proposed by the Commission

Amendment

(2a)

Amendment 125

Proposal for a regulation

Annex II — point 2 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (2b) | To allow the possibility for local authorities and local partners of Member States to ask for financial support from the Fund in the context of local integration programmes which includes arrival support, follow-up on arrivals, planning and coordination structures and activities to inform and promote resettlement with the communities that are to welcome resettled refugees. |

Text proposed by the Commission

Amendment

(2b)

Amendment 126

Proposal for a regulation

Annex II — point 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3a. | Initiatives in the area of integration in order to improve the coordination of relevant policies at several levels between the Member States, regions and municipalities. |

Text proposed by the Commission

Amendment

3a.

Amendment 127

Proposal for a regulation

Annex II — point 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| (4) | Joint initiatives aimed at identification and implementation of new approaches concerning the procedures at first encounter
  and
  standards of protection of unaccompanied minors |

Text proposed by the Commission

Amendment

(4)

Joint initiatives aimed at identification and implementation of new approaches concerning the procedures at first encounter
  and
  standards of protection of unaccompanied minors

| (4) | Joint initiatives aimed at identification and implementation of new approaches concerning the procedures at first encounter, standards of protection of
  and assistance for
  unaccompanied minors |
| --- | --- |

(4)

Joint initiatives aimed at identification and implementation of new approaches concerning the procedures at first encounter, standards of protection of
  and assistance for
  unaccompanied minors

Amendment 128

Proposal for a regulation

Annex II — point 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| (7) | Joint initiatives aimed at restoring family unity and reintegration of unaccompanied minors in their countries of origin |

Text proposed by the Commission

Amendment

(7)

Joint initiatives aimed at restoring family unity and reintegration of unaccompanied minors in their countries of origin

| (7) | Joint initiatives aimed at restoring family unity and reintegration of unaccompanied minors in their countries of origin
  if that is in their best interests |
| --- | --- |

(7)

Joint initiatives aimed at restoring family unity and reintegration of unaccompanied minors in their countries of origin
  if that is in their best interests

Amendment 129

Proposal for a regulation

Annex III — point 6 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (6a) | Syrian refugees in Turkey, Jordan and Lebanon |

Text proposed by the Commission

Amendment

(6a)

---

(1)  

  OJ C 161 E, 31.5.2011, p. 1.

(2)  
  Texts adopted, P7_TA(2011)0266.

(3)  
  Texts adopted, P7_TA(2011)0266.

(4)  

  1 Texts adopted, P7_TA(2011)0266.

(5)  
  Commission proposal — Regulation on the financial rules applicable to the annual budget of the Union (COM(2010)815 final of 22.12.2010). This proposal constitutes a formal withdrawal by the Commission of the previous legislative proposals COM(2010)71 final and COM(2010)260 final.

(6)  
  Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union (OJ L 298, 26.10.2012, p. 1).

---

| 30.12.2015 | EN | Official Journal of the European Union | C 440/276 |
| --- | --- | --- | --- |

30.12.2015

EN

Official Journal of the European Union

C 440/276

---

P7_TA(2013)0021

Instrument for financial support for police cooperation, preventing and combating crime, and crisis management (Decision on the opening of interinstitutional negotiations)

European Parliament decision of 17 January 2013 on the opening of, and mandate for, interinstitutional negotiations on the proposal for a regulation of the European Parliament and of the Council establishing, as part of the Internal Security Fund, the instrument for financial support for police cooperation, preventing and combating crime, and crisis management (COM(2011)0753 — C7-0445/2011 — 2011/0368(COD) — (2013/2505(RSP))

(2015/C 440/31)

The European Parliament,

| — | having regard to the proposal of the Committee on Civil Liberties, Justice and Home Affairs, |
| --- | --- |

—

having regard to the proposal of the Committee on Civil Liberties, Justice and Home Affairs,

| — | having regard to Rules 70(2) and 70a of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 70(2) and 70a of its Rules of Procedure,

decides to open interinstitutional negotiations on the basis of the following mandate:

MANDATE

Amendment 1

Draft regulation

Paragraph 1 a (new)

| Text proposed by the Commission | Modification |
| --- | --- |
| | 1a.
     
  Points out that the financial envelope specified in the legislative proposal constitutes only an indication to the legislative authority and cannot be fixed until agreement is reached on the proposal for a regulation laying down the Multiannual Financial Framework for the years 2014-2020; |

Text proposed by the Commission

Modification

1a.
     
  Points out that the financial envelope specified in the legislative proposal constitutes only an indication to the legislative authority and cannot be fixed until agreement is reached on the proposal for a regulation laying down the Multiannual Financial Framework for the years 2014-2020;

Amendment 2

Draft legislative resolution

Paragraph 1 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1b.
     
  Recalls its resolution of 8 June 2011 on ‘Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe’ (1); reiterates that sufficient additional resources are needed in the next MFF in order to enable the Union to fulfil its existing policy priorities and the new tasks provided for in the TFEU, as well as to respond to unforeseen events; calls on the Council, if it does not share this approach, to clearly identify which of its political priorities or projects could be dropped altogether, despite their proven European added value; points out that even with an increase in the level of resources for the next MFF of at least 5 % compared to the 2013 level only a limited contribution can be made to the achievement of the Union's agreed objectives and commitments and the principle of Union solidarity; |

Text proposed by the Commission

Amendment

1b.
     
  Recalls its resolution of 8 June 2011 on ‘Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe’ (1); reiterates that sufficient additional resources are needed in the next MFF in order to enable the Union to fulfil its existing policy priorities and the new tasks provided for in the TFEU, as well as to respond to unforeseen events; calls on the Council, if it does not share this approach, to clearly identify which of its political priorities or projects could be dropped altogether, despite their proven European added value; points out that even with an increase in the level of resources for the next MFF of at least 5 % compared to the 2013 level only a limited contribution can be made to the achievement of the Union's agreed objectives and commitments and the principle of Union solidarity;

Amendment 3

Proposal for a regulation

Recital 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| (1) | The Union's objective of ensuring a high level of security within an area of Freedom, Security and Justice (Article 67(3) of the Treaty on the Functioning of the Union) should be achieved, inter alia, through measures to prevent and combat crime as well as through measures for coordination and cooperation between law enforcement authorities of Member States and with relevant third-countries. |

Text proposed by the Commission

Amendment

(1)

The Union's objective of ensuring a high level of security within an area of Freedom, Security and Justice (Article 67(3) of the Treaty on the Functioning of the Union) should be achieved, inter alia, through measures to prevent and combat crime as well as through measures for coordination and cooperation between law enforcement authorities of Member States and with relevant third-countries.

| (1) | The Union's objective of ensuring a high level of security within an area of Freedom, Security and Justice (Article 67(3) of the Treaty on the Functioning of the Union) should be achieved, inter alia, through measures to prevent and combat crime as well as through measures for coordination and cooperation between law enforcement authorities of Member States
  , other national authorities and relevant Union bodies,
  and with relevant third-countries
  and international organisations
  .
  This objective should be achieved while ensuring respect for human rights in accordance with the provisions of the Charter of Fundamental Rights and with the Union's international obligations. |
| --- | --- |

(1)

The Union's objective of ensuring a high level of security within an area of Freedom, Security and Justice (Article 67(3) of the Treaty on the Functioning of the Union) should be achieved, inter alia, through measures to prevent and combat crime as well as through measures for coordination and cooperation between law enforcement authorities of Member States
  , other national authorities and relevant Union bodies,
  and with relevant third-countries
  and international organisations
  .
  This objective should be achieved while ensuring respect for human rights in accordance with the provisions of the Charter of Fundamental Rights and with the Union's international obligations.

Amendment 4

Proposal for a regulation

Recital 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| (2) | To achieve this objective, enhanced actions at Union level should be taken to protect people and goods from increasingly transnational threats and to support the work carried out by Member States' competent authorities. Terrorism and organised crime, drug trafficking, corruption, cyber crime, trafficking in human beings and arms, inter alia, continue to challenge the internal security of the Union. |

Text proposed by the Commission

Amendment

(2)

To achieve this objective, enhanced actions at Union level should be taken to protect people and goods from increasingly transnational threats and to support the work carried out by Member States' competent authorities. Terrorism and organised crime, drug trafficking, corruption, cyber crime, trafficking in human beings and arms, inter alia, continue to challenge the internal security of the Union.

| (2) | To achieve this objective, enhanced actions at Union level should be taken to protect people and goods from increasingly transnational threats and to support the work carried out by Member States' competent authorities. Terrorism and organised crime, drug trafficking, corruption, cyber crime,
  cyber security,
  trafficking in human beings and arms, inter alia, continue to challenge the internal security of the Union. |
| --- | --- |

(2)

To achieve this objective, enhanced actions at Union level should be taken to protect people and goods from increasingly transnational threats and to support the work carried out by Member States' competent authorities. Terrorism and organised crime, drug trafficking, corruption, cyber crime,
  cyber security,
  trafficking in human beings and arms, inter alia, continue to challenge the internal security of the Union.

Amendment 5

Proposal for a regulation

Recital 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| (4) | Solidarity among Member States, clarity about the division of tasks, respect for fundamental rights and the rule of law as well as a strong focus on the global perspective and the
  inextricable
  link with external security should be key principles guiding the implementation of the Internal Security Strategy. |

Text proposed by the Commission

Amendment

(4)

Solidarity among Member States, clarity about the division of tasks, respect for fundamental rights and the rule of law as well as a strong focus on the global perspective and the
  inextricable
  link with external security should be key principles guiding the implementation of the Internal Security Strategy.

| (4) | Solidarity among Member States, clarity about the division of tasks, respect for fundamental rights and
  freedoms and
  the rule of law as well as a strong focus on the global perspective and
  on
  the link
  and the necessary coherence
  with external security should be key principles guiding the implementation of the Internal Security Strategy. |
| --- | --- |

(4)

Solidarity among Member States, clarity about the division of tasks, respect for fundamental rights and
  freedoms and
  the rule of law as well as a strong focus on the global perspective and
  on
  the link
  and the necessary coherence
  with external security should be key principles guiding the implementation of the Internal Security Strategy.

Justification

Parliament has already called for coherence in EU actions in regard to internal and external security, in the Report on the Internal Security Strategy.

Amendment 6

Proposal for a regulation

Recital 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| (5) | To promote the implementation of the Internal Security Strategy and to ensure that it becomes an operational reality, Member States should be provided with adequate Union financial support by setting up an Internal Security Fund. |

Text proposed by the Commission

Amendment

(5)

To promote the implementation of the Internal Security Strategy and to ensure that it becomes an operational reality, Member States should be provided with adequate Union financial support by setting up an Internal Security Fund.

| (5) | To promote the implementation of the Internal Security Strategy and to ensure that it becomes an operational reality, Member States should be provided with adequate Union financial support by setting up
  and managing
  an Internal Security Fund. |
| --- | --- |

(5)

To promote the implementation of the Internal Security Strategy and to ensure that it becomes an operational reality, Member States should be provided with adequate Union financial support by setting up
  and managing
  an Internal Security Fund.

Amendment 7

Proposal for a regulation

Recital 7 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (7a) | Cross-border crimes such as human trafficking and exploitation of illegal immigration by criminal organisations may be tackled effectively through judicial and police cooperation. |

Text proposed by the Commission

Amendment

(7a)

Cross-border crimes such as human trafficking and exploitation of illegal immigration by criminal organisations may be tackled effectively through judicial and police cooperation.

Justification

Crime’s infiltration into the legitimate economy is one of the factors distorting the internal market.

Amendment 8

Proposal for a regulation

Recital 8 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (8a) | Tackling organised crime effectively is fundamental to protecting the legitimate economy from typical criminal activities such as laundering of the proceeds of crime. |

Text proposed by the Commission

Amendment

(8a)

Tackling organised crime effectively is fundamental to protecting the legitimate economy from typical criminal activities such as laundering of the proceeds of crime.

Justification

Crime’s infiltration into the legitimate economy is one of the factors distorting the internal market.

Amendment 9

Proposal for a regulation

Recital 8 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (8b) | In times of austerity for Union policies, overcoming economic problems calls for renewed flexibility, innovative organisational measures, better use of existing structures, and coordination between the Union’s institutions, agencies and national authorities and with third countries. |

Text proposed by the Commission

Amendment

(8b)

In times of austerity for Union policies, overcoming economic problems calls for renewed flexibility, innovative organisational measures, better use of existing structures, and coordination between the Union’s institutions, agencies and national authorities and with third countries.

Justification

The economic crisis calls for flexible and innovative responses in order to be just as effective as before in fighting organised crime.

Amendment 10

Proposal for a regulation

Recital 9

| Text proposed by the Commission | Amendment |
| --- | --- |
| (9) | Within the comprehensive framework of the Internal Security Fund, the financial assistance provided under this Instrument should support police cooperation, exchange of and access to information, crime prevention, the fight against cross-border, serious and organised crime including terrorism, the protection of people and critical infrastructure against security related incidents and the effective management of security related risks and crisis, taking into account common policies (strategies, programmes and action plans), legislation and practical co-operation. |

Text proposed by the Commission

Amendment

(9)

Within the comprehensive framework of the Internal Security Fund, the financial assistance provided under this Instrument should support police cooperation, exchange of and access to information, crime prevention, the fight against cross-border, serious and organised crime including terrorism, the protection of people and critical infrastructure against security related incidents and the effective management of security related risks and crisis, taking into account common policies (strategies, programmes and action plans), legislation and practical co-operation.

| (9) | Within the comprehensive framework of the Internal Security Fund, the financial assistance provided under this Instrument should support police cooperation, exchange of and access to information, crime prevention, the fight against cross-border, serious and organised crime including terrorism,
  trafficking in human beings and child sexual exploitation and distribution of child abuse images,
  the protection of people and critical infrastructure against security related incidents and the effective management of security related risks and crisis, taking into account common policies (strategies, programmes and action plans), legislation and practical co-operation. |
| --- | --- |

(9)

Within the comprehensive framework of the Internal Security Fund, the financial assistance provided under this Instrument should support police cooperation, exchange of and access to information, crime prevention, the fight against cross-border, serious and organised crime including terrorism,
  trafficking in human beings and child sexual exploitation and distribution of child abuse images,
  the protection of people and critical infrastructure against security related incidents and the effective management of security related risks and crisis, taking into account common policies (strategies, programmes and action plans), legislation and practical co-operation.

Justification

Trafficking in human beings and child sexual exploitation are among the worst forms of serious and organized crime. They should be mentioned specifically in this Recital.

Amendment 11

Proposal for a regulation

Recital 10

| Text proposed by the Commission | Amendment |
| --- | --- |
| (10) | Financial assistance in these areas should in particular support actions
  promoting
  cross-border joint operations, access to and exchange of information, exchange of best practices, facilitated and secure communication and coordination, training and exchange of staff, analytical, monitoring and evaluation activities, comprehensive threat and risk assessments, awareness raising activities, testing and validation of new technology, forensic science research and the acquisition of technical interoperable equipment. |

Text proposed by the Commission

Amendment

(10)

Financial assistance in these areas should in particular support actions
  promoting
  cross-border joint operations, access to and exchange of information, exchange of best practices, facilitated and secure communication and coordination, training and exchange of staff, analytical, monitoring and evaluation activities, comprehensive threat and risk assessments, awareness raising activities, testing and validation of new technology, forensic science research and the acquisition of technical interoperable equipment.

| (10) | Financial assistance in these areas should in particular support
  actions aimed at improving the cooperation between the Member States and the European Police Office (EUROPOL). These
  actions
  should promote
  cross-border joint operations, access to and exchange of information, exchange of best practices, facilitated and secure communication and coordination, training and exchange of staff, analytical, monitoring and evaluation activities, comprehensive threat and risk assesments,
  cooperation between Member States and relevant EU bodies,
  awareness raising activities, testing and validation of new technology, forensic science research and the acquisition of technical interoperable equipment.
  Financial assistance in these areas should only support actions, which are in line with Union priorities and initiatives that have been endorsed by the European Parliament and the Council. |
| --- | --- |

(10)

Financial assistance in these areas should in particular support
  actions aimed at improving the cooperation between the Member States and the European Police Office (EUROPOL). These
  actions
  should promote
  cross-border joint operations, access to and exchange of information, exchange of best practices, facilitated and secure communication and coordination, training and exchange of staff, analytical, monitoring and evaluation activities, comprehensive threat and risk assesments,
  cooperation between Member States and relevant EU bodies,
  awareness raising activities, testing and validation of new technology, forensic science research and the acquisition of technical interoperable equipment.
  Financial assistance in these areas should only support actions, which are in line with Union priorities and initiatives that have been endorsed by the European Parliament and the Council.

Amendment 12

Proposal for a regulation

Recital 11

| Text proposed by the Commission | Amendment |
| --- | --- |
| (11) | Measures in and in relation to third countries supported through this Instrument should be taken in synergy and coherence with other actions outside the Union supported through Union external assistance instruments, both geographic and thematic. In particular, in implementing such actions full coherence should be sought with the principles and general objectives of the Union external action and foreign policy related to the country or region in question. They should not be intended to support actions directly development-oriented and they should complement, when appropriate, the financial assistance provided through external aid instruments. Coherence will also be sought with the Union humanitarian policy, in particular as regards the implementation of emergency measures. |

Text proposed by the Commission

Amendment

(11)

Measures in and in relation to third countries supported through this Instrument should be taken in synergy and coherence with other actions outside the Union supported through Union external assistance instruments, both geographic and thematic. In particular, in implementing such actions full coherence should be sought with the principles and general objectives of the Union external action and foreign policy related to the country or region in question. They should not be intended to support actions directly development-oriented and they should complement, when appropriate, the financial assistance provided through external aid instruments. Coherence will also be sought with the Union humanitarian policy, in particular as regards the implementation of emergency measures.

| (11) | Measures in and in relation to third countries supported through this Instrument should be taken in synergy and coherence with other actions outside the Union supported through Union external assistance instruments, both geographic and thematic. In particular, in implementing such actions full coherence should be sought with the principles and general objectives of the Union external action and foreign policy related to the country or region in question
  , democratic principles and values, fundamental liberties and rights, the rule of law and the sovereignty of third countries
  . They should not be intended to support actions directly development-oriented and they should complement, when appropriate, the financial assistance provided through external aid instruments. Coherence will also be sought with the Union humanitarian policy, in particular as regards the implementation of emergency measures. |
| --- | --- |

(11)

Measures in and in relation to third countries supported through this Instrument should be taken in synergy and coherence with other actions outside the Union supported through Union external assistance instruments, both geographic and thematic. In particular, in implementing such actions full coherence should be sought with the principles and general objectives of the Union external action and foreign policy related to the country or region in question
  , democratic principles and values, fundamental liberties and rights, the rule of law and the sovereignty of third countries
  . They should not be intended to support actions directly development-oriented and they should complement, when appropriate, the financial assistance provided through external aid instruments. Coherence will also be sought with the Union humanitarian policy, in particular as regards the implementation of emergency measures.

Amendment 13

Proposal for a regulation

Recital 12 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (12a) | Pursuant to Article 3 of the Treaty on European Union, the Instrument should aim to ensure the protection of the rights of the child, including the protection of children against violence, abuse, exploitation and neglect.




  The Instrument should support in particular safeguards and assistance of child witnesses and victims, and special protection and support for unaccompanied children or children otherwise in need of guardianship.




  Regular monitoring and evaluation, including monitoring of expenditure should be carried out to assess the way in which the protection of children is addressed in the Instrument's activities. |

Text proposed by the Commission

Amendment

(12a)

Pursuant to Article 3 of the Treaty on European Union, the Instrument should aim to ensure the protection of the rights of the child, including the protection of children against violence, abuse, exploitation and neglect.

The Instrument should support in particular safeguards and assistance of child witnesses and victims, and special protection and support for unaccompanied children or children otherwise in need of guardianship.

Regular monitoring and evaluation, including monitoring of expenditure should be carried out to assess the way in which the protection of children is addressed in the Instrument's activities.

Justification

The EU has committed itself to protecting the rights of the child. These efforts need to be made visible in the implementation and execution of this Regulation.

Amendment 14

Proposal for a regulation

Recital 13

| Text proposed by the Commission | Amendment |
| --- | --- |
| (13) | To ensure a uniform implementation of the Internal Security Fund, the Union budget allocated to this financial instrument should be implemented by
  shared
  management, with the exception of actions
  of particular interest to the Union (Union actions), emergency assistance and technical assistance
  , which are implemented in
  direct and indirect
  management. |

Text proposed by the Commission

Amendment

(13)

To ensure a uniform implementation of the Internal Security Fund, the Union budget allocated to this financial instrument should be implemented by
  shared
  management, with the exception of actions
  of particular interest to the Union (Union actions), emergency assistance and technical assistance
  , which are implemented in
  direct and indirect
  management.

| (13) | To ensure a uniform implementation of the Internal Security Fund
  and efficient management of actions of particular interest to the Union (Union actions), emergency assistance and technical assistance
  , the Union budget allocated to this financial instrument should be implemented by
  direct and indirect
  management, with the exception of actions
  requiring administrative flexibility and national programmes
  , which are implemented in
  shared
  management. |
| --- | --- |

(13)

To ensure a uniform implementation of the Internal Security Fund
  and efficient management of actions of particular interest to the Union (Union actions), emergency assistance and technical assistance
  , the Union budget allocated to this financial instrument should be implemented by
  direct and indirect
  management, with the exception of actions
  requiring administrative flexibility and national programmes
  , which are implemented in
  shared
  management.

Justification

Implementation of the Union budget by shared management should be the exception and not the rule (cf. Article 55 of the Financial Regulation).

Amendment 15

Proposal for a regulation

Recital 13 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (13a) | For the resources implemented under shared management, it is necessary to ensure that the Member States' national programmes are fully aligned with EU-level priorities and objectives. |

Text proposed by the Commission

Amendment

(13a)

For the resources implemented under shared management, it is necessary to ensure that the Member States' national programmes are fully aligned with EU-level priorities and objectives.

Justification

Lessons learned from the mid-term review and consulting stakeholders suggest that shared management should be more results-oriented and a common regulatory framework should be drawn up.

Amendment 16

Proposal for a regulation

Recital 14

| Text proposed by the Commission | Amendment |
| --- | --- |
| (14) | The resources allocated to Member States for implementation through their national programmes should be distributed on the basis of clear
  and
  objective criteria relating to the public goods to be protected by Member States and the degree of their financial capacity to ensure a high level of internal security, such as the size of their population, their territorial size, the number of passengers and cargo processed through international air and seaports,
  the number of European critical infrastructure
  and their gross domestic product. |

Text proposed by the Commission

Amendment

(14)

The resources allocated to Member States for implementation through their national programmes should be distributed on the basis of clear
  and
  objective criteria relating to the public goods to be protected by Member States and the degree of their financial capacity to ensure a high level of internal security, such as the size of their population, their territorial size, the number of passengers and cargo processed through international air and seaports,
  the number of European critical infrastructure
  and their gross domestic product.

| (14) | The resources allocated to Member States for implementation through their national programmes should be distributed on the basis of clear, objective
  and measurable
  criteria relating to the public goods to be protected by Member States and the degree of their financial capacity to ensure a high level of internal security, such as the size of their population, their territorial size, the number of passengers and cargo processed through international air and seaports, and their gross domestic product. |
| --- | --- |

(14)

The resources allocated to Member States for implementation through their national programmes should be distributed on the basis of clear, objective
  and measurable
  criteria relating to the public goods to be protected by Member States and the degree of their financial capacity to ensure a high level of internal security, such as the size of their population, their territorial size, the number of passengers and cargo processed through international air and seaports, and their gross domestic product.

Justification

The changes are in line with changes proposed for Article 10.

Amendment 17

Proposal for a regulation

Recital 16

| Text proposed by the Commission | Amendment |
| --- | --- |
| (16) | The ceiling for resources
  which remain at the disposal of the Union should be equal to the resources
  allocated to Member States for the implementation of their national programmes
  . This will ensure that
  the Union is able, in a given budget year, to support actions which are of particular interest to the Union, such as studies, testing and validation of new technologies, transnational projects, networking and exchange of best practices, monitoring of the implementation of relevant Union law and Union policies and actions in relation to and in third-countries. The actions supported should be in line with the priorities identified in relevant Union strategies, programmes, action plans and risk and threat assessments. |

Text proposed by the Commission

Amendment

(16)

The ceiling for resources
  which remain at the disposal of the Union should be equal to the resources
  allocated to Member States for the implementation of their national programmes
  . This will ensure that
  the Union is able, in a given budget year, to support actions which are of particular interest to the Union, such as studies, testing and validation of new technologies, transnational projects, networking and exchange of best practices, monitoring of the implementation of relevant Union law and Union policies and actions in relation to and in third-countries. The actions supported should be in line with the priorities identified in relevant Union strategies, programmes, action plans and risk and threat assessments.

| (16) | The ceiling for resources allocated to Member States for the implementation of their national programmes
  should be higher than the resources at the disposal of the European Union for its actions. To this end, Member States’ capacity to use the funds available needs to be enhanced through better training for their authorities concerned. However,
  the Union
  should be guaranteed adequate resources at its disposal to ensure that it
  is able, in a given budget year, to support actions which are of particular interest to the Union, such as studies, testing and validation of new technologies, transnational projects, networking and exchange of best practices, monitoring of the implementation of relevant Union law and Union policies and actions in relation to and in third-countries. The actions supported should be in line with the priorities identified in relevant Union strategies,
  including a cyber security strategy,
  programmes, action plans and risk and threat assessments. |
| --- | --- |

(16)

The ceiling for resources allocated to Member States for the implementation of their national programmes
  should be higher than the resources at the disposal of the European Union for its actions. To this end, Member States’ capacity to use the funds available needs to be enhanced through better training for their authorities concerned. However,
  the Union
  should be guaranteed adequate resources at its disposal to ensure that it
  is able, in a given budget year, to support actions which are of particular interest to the Union, such as studies, testing and validation of new technologies, transnational projects, networking and exchange of best practices, monitoring of the implementation of relevant Union law and Union policies and actions in relation to and in third-countries. The actions supported should be in line with the priorities identified in relevant Union strategies,
  including a cyber security strategy,
  programmes, action plans and risk and threat assessments.

Amendment 18

Proposal for a regulation

Recital 18 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (18a) | The TFEU provides for delegated acts only as non-legislative acts of general application relating to non-essential elements of a legislative act. Any essential element should be laid down in the legislative act in question. |

Text proposed by the Commission

Amendment

(18a)

The TFEU provides for delegated acts only as non-legislative acts of general application relating to non-essential elements of a legislative act. Any essential element should be laid down in the legislative act in question.

Amendment 19

Proposal for a regulation

Recital 18 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (18b) | Spending of EU and Member States’ funds in this area should be better coordinated in order to assure complementarity, a better efficiency and visibility, as well as to achieve better budgetary synergies. |

Text proposed by the Commission

Amendment

(18b)

Spending of EU and Member States’ funds in this area should be better coordinated in order to assure complementarity, a better efficiency and visibility, as well as to achieve better budgetary synergies.

Amendment 20

Proposal for a regulation

Recital 18 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (18c) | There is a need to maximise the impact of EU funding by mobilising, pooling and leveraging public financial resources. |

Text proposed by the Commission

Amendment

(18c)

There is a need to maximise the impact of EU funding by mobilising, pooling and leveraging public financial resources.

Amendment 21

Proposal for a regulation

Recital 18 d (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (18d) | Utmost transparency, accountability and democratic scrutiny should be ensured for mechanisms that involve the EU budget. |

Text proposed by the Commission

Amendment

(18d)

Utmost transparency, accountability and democratic scrutiny should be ensured for mechanisms that involve the EU budget.

Amendment 22

Proposal for a regulation

Recital 18 e (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (18e) | Better implementation and quality of spending should constitute guiding principles for achieving the objectives of the programme while ensuring optimal use of the financial resources. |

Text proposed by the Commission

Amendment

(18e)

Better implementation and quality of spending should constitute guiding principles for achieving the objectives of the programme while ensuring optimal use of the financial resources.

Amendment 23

Proposal for a regulation

Recital 18 f (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (18f) | When the Commission implements the Union budget under shared management, implementation tasks should be delegated to Member States. The Commission and the Member States should respect the principles of sound financial management, transparency and non-discrimination and ensure the visibility of Union action when they manage Union funds. To this end, the Commission and the Member States should fulfil their respective control and audit obligations, and assume the resulting responsibilities laid down in this Regulation. Complementary provisions should be laid down in sector-specific rules. |

Text proposed by the Commission

Amendment

(18f)

When the Commission implements the Union budget under shared management, implementation tasks should be delegated to Member States. The Commission and the Member States should respect the principles of sound financial management, transparency and non-discrimination and ensure the visibility of Union action when they manage Union funds. To this end, the Commission and the Member States should fulfil their respective control and audit obligations, and assume the resulting responsibilities laid down in this Regulation. Complementary provisions should be laid down in sector-specific rules.

Amendment 24

Proposal for a regulation

Recital 18 g (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (18 g) | There is a need to ensure sound financial management of the programme and its implementation in the most effective and user-friendly manner possible, while also ensuring legal certainty and the accessibility of the programme to all participants. |

Text proposed by the Commission

Amendment

(18 g)

There is a need to ensure sound financial management of the programme and its implementation in the most effective and user-friendly manner possible, while also ensuring legal certainty and the accessibility of the programme to all participants.

Amendment 25

Proposal for a regulation

Recital 18 h (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (18h) | The Commission should annually monitor the implementation of the Instrument with the aid of key indicators for assessing results and impacts. These indicators, including relevant baselines, should provide the minimum basis for assessing the extent to which the objectives of the programmes have been achieved. |

Text proposed by the Commission

Amendment

(18h)

The Commission should annually monitor the implementation of the Instrument with the aid of key indicators for assessing results and impacts. These indicators, including relevant baselines, should provide the minimum basis for assessing the extent to which the objectives of the programmes have been achieved.

Amendment 26

Proposal for a regulation

Recital 23

| Text proposed by the Commission | Amendment |
| --- | --- |
| (23) | As regards Iceland and Norway, this Regulation constitutes a development of the Schengen acquis which falls within the areas referred to in Article 1, Point H of Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis. |

Text proposed by the Commission

Amendment

(23)

As regards Iceland and Norway, this Regulation constitutes a development of the Schengen acquis which falls within the areas referred to in Article 1, Point H of Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis.

deleted

Justification

This Regulation does not constitute a development of the Schengen acquis.

Amendment 27

Proposal for a regulation

Recital 24

| Text proposed by the Commission | Amendment |
| --- | --- |
| (24) | As regards Switzerland, this Regulation constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the latter's association with the implementation, application and development of the Schengen acquis which fall within the area referred to in Article 1, Point H of Council Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC on the conclusion, on behalf of the European Community, of the Agreement. |

Text proposed by the Commission

Amendment

(24)

As regards Switzerland, this Regulation constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the latter's association with the implementation, application and development of the Schengen acquis which fall within the area referred to in Article 1, Point H of Council Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC on the conclusion, on behalf of the European Community, of the Agreement.

deleted

Justification

This Regulation does not constitute a development of the Schengen acquis.

Amendment 28

Proposal for a regulation

Recital 25

| Text proposed by the Commission | Amendment |
| --- | --- |
| (25) | As regards Liechtenstein, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis which fall within the area referred to in Article 1, Point H of Council Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/349/EU on the conclusion, on behalf of the Union, of the Protocol. |

Text proposed by the Commission

Amendment

(25)

As regards Liechtenstein, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis which fall within the area referred to in Article 1, Point H of Council Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/349/EU on the conclusion, on behalf of the Union, of the Protocol.

deleted

Justification

This Regulation does not constitute a development of the Schengen acquis.

Amendment 29

Proposal for a regulation

Article 2 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | ‘exchange of and access to information’ means the collection, storage, processing, analysis and exchange of information relevant to law enforcement authorities in relation to the prevention, detection, investigation, and prosecution of criminal offences, in particular cross-border, serious and organised crimes. |

Text proposed by the Commission

Amendment

(b)

‘exchange of and access to information’ means the collection, storage, processing, analysis and exchange of information relevant to law enforcement authorities in relation to the prevention, detection, investigation, and prosecution of criminal offences, in particular cross-border, serious and organised crimes.

| (b) | ‘exchange of and access to information’ means the
  secure
  collection, storage, processing, analysis and exchange of information relevant to law enforcement authorities
  in the Union
  in relation to the prevention, detection, investigation, and prosecution of criminal offences, in particular cross-border, serious and organised crimes. |
| --- | --- |

(b)

‘exchange of and access to information’ means the
  secure
  collection, storage, processing, analysis and exchange of information relevant to law enforcement authorities
  in the Union
  in relation to the prevention, detection, investigation, and prosecution of criminal offences, in particular cross-border, serious and organised crimes.

Amendment 30

Proposal for a regulation

Article 2 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | ‘organised crime’ means a
  punishable
  conduct
  committed
  by a structured group
  of three or
  more persons
  , existing for a period of time
  and
  acting in concert in order
  to obtain, directly or indirectly, a financial or other
  material
  benefit. |

Text proposed by the Commission

Amendment

(d)

‘organised crime’ means a
  punishable
  conduct
  committed
  by a structured group
  of three or
  more persons
  , existing for a period of time
  and
  acting in concert in order
  to obtain, directly or indirectly, a financial or other
  material
  benefit.

| (d) | ‘organised crime’ means a conduct by a structured group
  that exists
   for a period of time 
  sufficient for the conduct to be more than occasional, and 
  that comprises
  more
  than two
  persons
  who are bound by a partnership obligation
  and
  who act
  in concert
  with a view to committing offences which are punishable by deprivation of liberty or
  a
  detention order of a maximum of at least four years or a more serious penalty
  ,
  and where the aim of that conduct is
  to obtain, directly or indirectly,
  including by intimidation,
   a financial or other benefit; |
| --- | --- |

(d)

‘organised crime’ means a conduct by a structured group
  that exists
   for a period of time 
  sufficient for the conduct to be more than occasional, and 
  that comprises
  more
  than two
  persons
  who are bound by a partnership obligation
  and
  who act
  in concert
  with a view to committing offences which are punishable by deprivation of liberty or
  a
  detention order of a maximum of at least four years or a more serious penalty
  ,
  and where the aim of that conduct is
  to obtain, directly or indirectly,
  including by intimidation,
   a financial or other benefit;

Amendment 31

Proposal for a regulation

Article 2 — point f

| Text proposed by the Commission | Amendment |
| --- | --- |
| (f) | ‘risk and crisis management’ means any measure relating to the assessment, prevention, preparedness and consequence management of terrorism and other security-related risks. |

Text proposed by the Commission

Amendment

(f)

‘risk and crisis management’ means any measure relating to the assessment, prevention, preparedness and consequence management of terrorism and other security-related risks.

| (f) | ‘risk and crisis management’ means any measure relating to the assessment, prevention, preparedness and consequence management of terrorism
  , organised crime
  and other security-related risks. |
| --- | --- |

(f)

‘risk and crisis management’ means any measure relating to the assessment, prevention, preparedness and consequence management of terrorism
  , organised crime
  and other security-related risks.

Amendment 32

Proposal for a regulation

Article 2 — point h

| Text proposed by the Commission | Amendment |
| --- | --- |
| h) | ‘consequence management’ means the effective coordination of
  measures
  taken in order to react to and to reduce the impact of the effects of a terrorist attack or any other security related incident
  in order to ensure an effective coordination of actions at national and/or EU level
  . |

Text proposed by the Commission

Amendment

h)

‘consequence management’ means the effective coordination of
  measures
  taken in order to react to and to reduce the impact of the effects of a terrorist attack or any other security related incident
  in order to ensure an effective coordination of actions at national and/or EU level
  .

| h) | ‘consequence management’ means the effective coordination of
  actions
  taken
  at national and/or EU level
  in order to react to and to reduce the impact of the effects of a terrorist attack or any other security related incident. |
| --- | --- |

h)

‘consequence management’ means the effective coordination of
  actions
  taken
  at national and/or EU level
  in order to react to and to reduce the impact of the effects of a terrorist attack or any other security related incident.

Justification

The proposed reformulation makes the text a great deal clearer.

Amendment 33

Proposal for a regulation

Article 2 — point i

| Text proposed by the Commission | Amendment |
| --- | --- |
| i) | ‘critical infrastructure’ means
  any physical resources, services, information technology facilities, networks and infrastructure assets
  which
  , if disrupted or destroyed,
  would have a
  serious
  impact
  on critical societal functions, including the supply chain, health, safety, security, economic or social well-being of people or of the functioning of
  the Union
  or its Member States
  . |

Text proposed by the Commission

Amendment

i)

‘critical infrastructure’ means
  any physical resources, services, information technology facilities, networks and infrastructure assets
  which
  , if disrupted or destroyed,
  would have a
  serious
  impact
  on critical societal functions, including the supply chain, health, safety, security, economic or social well-being of people or of the functioning of
  the Union
  or its Member States
  .

| i) | ‘critical infrastructure’ means
  an asset, network, system or part thereof located in Member States
  which
  is essential for the maintenance of vital societal functions, health, safety, security, economic or social well-being of people, and the disruption, the breach or destruction of which
  would have a
  significant
  impact
  in a Member State or in
  the Union
  as a result of the failure to maintain those functions
  ; |
| --- | --- |

i)

‘critical infrastructure’ means
  an asset, network, system or part thereof located in Member States
  which
  is essential for the maintenance of vital societal functions, health, safety, security, economic or social well-being of people, and the disruption, the breach or destruction of which
  would have a
  significant
  impact
  in a Member State or in
  the Union
  as a result of the failure to maintain those functions
  ;

Amendment 34

Proposal for a regulation

Article 3 — paragraph 2 — point a — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| a) | preventing and combating cross-border, serious and organised crime including terrorism, and reinforcing coordination and cooperation between law enforcement authorities of Member States and with relevant third-countries. |

Text proposed by the Commission

Amendment

a)

preventing and combating cross-border, serious and organised crime including terrorism, and reinforcing coordination and cooperation between law enforcement authorities of Member States and with relevant third-countries.

| a) | preventing and combating cross-border, serious and organised crime including terrorism
  , trafficking in human beings, exploitation of illegal immigration, child sexual exploitation, distribution of child abuse images, cybercrime and laundering of the proceeds of crime
  , and reinforcing coordination and cooperation between law enforcement authorities of Member States
  and relevant Union bodies
  and with relevant third-countries
  and international organisations
  . |
| --- | --- |

a)

preventing and combating cross-border, serious and organised crime including terrorism
  , trafficking in human beings, exploitation of illegal immigration, child sexual exploitation, distribution of child abuse images, cybercrime and laundering of the proceeds of crime
  , and reinforcing coordination and cooperation between law enforcement authorities of Member States
  and relevant Union bodies
  and with relevant third-countries
  and international organisations
  .

Amendment 35

Proposal for a regulation

Article 3 — paragraph 2 — point a — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| The achievement of this objective shall be measured against indicators such as, inter alia, the number of cross-border-joint operations and the number of best practice documents and events organised. | deleted |

Text proposed by the Commission

Amendment

The achievement of this objective shall be measured against indicators such as, inter alia, the number of cross-border-joint operations and the number of best practice documents and events organised.

deleted

Justification

A specific amendment describing indicators to measure achievement of the objectives has been proposed.

Amendment 36

Proposal for a regulation

Article 3 — paragraph 2 — point b a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ba) | enhancing the capacity of Member States to cooperate with Europol and to make a better use of Europol's products and services. |

Text proposed by the Commission

Amendment

(ba)

enhancing the capacity of Member States to cooperate with Europol and to make a better use of Europol's products and services.

Amendment 37

Proposal for a regulation

Article 3 — paragraph 2 — point b — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| The achievement of this objective shall be measured against indicators such as, inter alia, the number of tools put in place and/or further upgraded to facilitate the protection of critical infrastructure by Member States in all sectors of the economy and the number of threat and risk assessments produced at the level of the Union. | deleted |

Text proposed by the Commission

Amendment

The achievement of this objective shall be measured against indicators such as, inter alia, the number of tools put in place and/or further upgraded to facilitate the protection of critical infrastructure by Member States in all sectors of the economy and the number of threat and risk assessments produced at the level of the Union.

deleted

Justification

A specific amendment describing indicators to measure achievement of the objectives has been proposed..

Amendment 38

Proposal for a regulation

Article 3 — paragraph 3 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   To achieve these objectives, the Instrument shall contribute to the following operational objectives
  by promoting and developing
  : | 3.   To achieve these objectives, the instrument shall contribute to the following operational objectives: |

Text proposed by the Commission

Amendment

3.   To achieve these objectives, the Instrument shall contribute to the following operational objectives
  by promoting and developing
  :

3.   To achieve these objectives, the instrument shall contribute to the following operational objectives:

Justification

The change is in line with other amendments to Article 3(3).

Amendment 39

Proposal for a regulation

Article 3 — paragraph 3 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| a) | measures (methodologies, tools, structures) strengthening Member States' capability to prevent and combat cross-border, serious and organised crime
  including
  terrorism, in particular through public-private partnerships, the exchange of information and best practices, access to data, interoperable technologies, comparable statistics, applied criminology, public communication and awareness raising. |

Text proposed by the Commission

Amendment

a)

measures (methodologies, tools, structures) strengthening Member States' capability to prevent and combat cross-border, serious and organised crime
  including
  terrorism, in particular through public-private partnerships, the exchange of information and best practices, access to data, interoperable technologies, comparable statistics, applied criminology, public communication and awareness raising.

| a) | promote and develop
  measures (methodologies, tools, structures) strengthening Member States' capability to prevent and combat cross-border, serious and organised crime,
  cybercrime or
  terrorism, in particular through public-private partnerships, the exchange of information and best practices, access to data, interoperable technologies, comparable statistics, applied criminology, public communication and awareness raising. |
| --- | --- |

a)

promote and develop
  measures (methodologies, tools, structures) strengthening Member States' capability to prevent and combat cross-border, serious and organised crime,
  cybercrime or
  terrorism, in particular through public-private partnerships, the exchange of information and best practices, access to data, interoperable technologies, comparable statistics, applied criminology, public communication and awareness raising.

Amendment 40

Proposal for a regulation

Article 3 — paragraph 3 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| b) | administrative and operational coordination, cooperation, mutual understanding and the exchange of information among Member States' law enforcement authorities, other national authorities, relevant Union bodies and, where appropriate, with third-countries. |

Text proposed by the Commission

Amendment

b)

administrative and operational coordination, cooperation, mutual understanding and the exchange of information among Member States' law enforcement authorities, other national authorities, relevant Union bodies and, where appropriate, with third-countries.

| b) | promote and develop
  administrative and operational coordination, cooperation, mutual understanding and the exchange of information among Member States' law enforcement authorities, other national authorities, relevant Union bodies and, where appropriate, with third-countries
  and international organisations
  . |
| --- | --- |

b)

promote and develop
  administrative and operational coordination, cooperation, mutual understanding and the exchange of information among Member States' law enforcement authorities, other national authorities, relevant Union bodies and, where appropriate, with third-countries
  and international organisations
  .

Amendment 41

Proposal for a regulation

Article 3 — paragraph 3 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | training schemes
  in implementation of European training policies
  , including through specific Union law enforcement exchange programmes, in order to foster a genuine European judicial and law enforcement culture. |

Text proposed by the Commission

Amendment

(c)

training schemes
  in implementation of European training policies
  , including through specific Union law enforcement exchange programmes, in order to foster a genuine European judicial and law enforcement culture.

| (c) | promote and develop
  training schemes
  regarding knowledge of obligations relating to respect for human rights and fundamental freedoms and in implementation of European training policies,
  including through specific Union law enforcement exchange programmes, in order to foster a genuine European judicial and law enforcement culture. |
| --- | --- |

(c)

promote and develop
  training schemes
  regarding knowledge of obligations relating to respect for human rights and fundamental freedoms and in implementation of European training policies,
  including through specific Union law enforcement exchange programmes, in order to foster a genuine European judicial and law enforcement culture.

(This amendment also applies to points (d) to (g); technical adjustments to said points should be made.)

Amendment 42

Proposal for a regulation

Article 3 — paragraph 3 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | measures and best practices for
  the
  protection and support of witnesses and victims of crime. |

Text proposed by the Commission

Amendment

(d)

measures and best practices for
  the
  protection and support of witnesses and victims of crime.

| (d) | promote and develop
  measures,
  mechanisms
  and best practices for
  early identification,
  protection and support of witnesses and victims of crime
  , in particular safeguards and assistance of child witnesses and victims, and special protection and support for unaccompanied children or children otherwise in need of guardianship
  . |
| --- | --- |

(d)

promote and develop
  measures,
  mechanisms
  and best practices for
  early identification,
  protection and support of witnesses and victims of crime
  , in particular safeguards and assistance of child witnesses and victims, and special protection and support for unaccompanied children or children otherwise in need of guardianship
  .

Justification

Witnesses and victims of crime do not only need protection and support but also need to be identified as early as possible. The EU has committed itself to protecting the rights of the child. These efforts need to be made visible in the implementation and execution of this Regulation.

Amendment 43

Proposal for a regulation

Article 3 — paragraph 3 — point g

| Text proposed by the Commission | Amendment |
| --- | --- |
| (g) | measures (methodologies, tools and structures) strengthening the administrative and operational capacity of the Member States and the Union to develop comprehensive threat and risk assessments in order to enable the Union to develop integrated approaches based on common and shared appreciations in crisis situations and to enhance mutual understanding of Member States' and partner countries' various definitions of threat levels. |

Text proposed by the Commission

Amendment

(g)

measures (methodologies, tools and structures) strengthening the administrative and operational capacity of the Member States and the Union to develop comprehensive threat and risk assessments in order to enable the Union to develop integrated approaches based on common and shared appreciations in crisis situations and to enhance mutual understanding of Member States' and partner countries' various definitions of threat levels.

| (g) | promote and develop
  measures (methodologies, tools and structures) strengthening the administrative and operational capacity of the Member States and the Union to develop comprehensive threat and risk assessments
  , which are evidence based and in line with Union priorities and initiatives that have been endorsed by the European Parliament and the Council,
  in order to enable the Union to develop integrated approaches based on common and shared appreciations in crisis situations and to enhance mutual understanding of Member States' and partner countries' various definitions of threat levels. |
| --- | --- |

(g)

promote and develop
  measures (methodologies, tools and structures) strengthening the administrative and operational capacity of the Member States and the Union to develop comprehensive threat and risk assessments
  , which are evidence based and in line with Union priorities and initiatives that have been endorsed by the European Parliament and the Council,
  in order to enable the Union to develop integrated approaches based on common and shared appreciations in crisis situations and to enhance mutual understanding of Member States' and partner countries' various definitions of threat levels.

Justification

No funds should be used as conduits for the financing of measures or practices that have not first been approved by a political agreement at the level of the European Parliament and Council.

Amendment 44

Proposal for a regulation

Article 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 3a |
| | Indicators |
| | The achievement of the specific objectives referred to in Article 3 shall be assessed on the basis of clearly pre-defined, transparent and measurable performance indicators, in particular such as: |
| | a) | the number of joint cross-border operations; |

Text proposed by the Commission

Amendment

Article 3a

Indicators

The achievement of the specific objectives referred to in Article 3 shall be assessed on the basis of clearly pre-defined, transparent and measurable performance indicators, in particular such as:

a)

the number of joint cross-border operations;

| b) | the number and percentage of members of staff of the competent authorities referred to in Article 87 of the Treaty on the Functioning of the European Union (TFEU) who have taken part in training activities, staff exchanges, study visits, meetings and seminars funded by the programme; |
| --- | --- |

b)

the number and percentage of members of staff of the competent authorities referred to in Article 87 of the Treaty on the Functioning of the European Union (TFEU) who have taken part in training activities, staff exchanges, study visits, meetings and seminars funded by the programme;

| c) | the number and quality of codes of good practice drawn up and events organised; |
| --- | --- |

c)

the number and quality of codes of good practice drawn up and events organised;

| d) | the number of tools put in place and/or upgraded to facilitate the protection of critical infrastructure by Member States in all sectors of the economy, and the number of threat and risk assessments produced at Union level; |
| --- | --- |

d)

the number of tools put in place and/or upgraded to facilitate the protection of critical infrastructure by Member States in all sectors of the economy, and the number of threat and risk assessments produced at Union level;

| e) | the number of contributions sent to Europol databases and the number of cases initiated. |
| --- | --- |

e)

the number of contributions sent to Europol databases and the number of cases initiated.

Member States shall provide the Commission with the necessary information that is required for the assessment of the achievements, as measured against the indictors.

Amendment 45

Proposal for a regulation

Article 4 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | actions improving police cooperation
  and
  coordination between law enforcement authorities, including joint investigation teams and any other form of cross-border joint operation, the access to and exchange of information and interoperable technologies; |

Text proposed by the Commission

Amendment

(a)

actions improving police cooperation
  and
  coordination between law enforcement authorities, including joint investigation teams and any other form of cross-border joint operation, the access to and exchange of information and interoperable technologies;

| (a) | actions improving police cooperation, coordination between law enforcement authorities
  and inter-agency collaboration
  , including joint investigation teams and any other form of cross-border joint operation, the access to and exchange of information and interoperable technologies
  , such as the extension of Europol Secure Information Exchange Network Application (SIENA) or the implementation of data loaders for the Europol information system
  ; |
| --- | --- |

(a)

actions improving police cooperation, coordination between law enforcement authorities
  and inter-agency collaboration
  , including joint investigation teams and any other form of cross-border joint operation, the access to and exchange of information and interoperable technologies
  , such as the extension of Europol Secure Information Exchange Network Application (SIENA) or the implementation of data loaders for the Europol information system
  ;

Amendment 46

Proposal for a regulation

Article 4 — paragraph 1 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | analytical, monitoring and evaluation activities, including studies and threat, risk and impact assessments; |

Text proposed by the Commission

Amendment

(c)

analytical, monitoring and evaluation activities, including studies and threat, risk and impact assessments;

| (c) | analytical, monitoring and evaluation activities, including studies and threat, risk and impact assessments,
  which are evidence based and in line with Union priorities and initiatives that have been endorsed by the European Parliament and the Council
  ; |
| --- | --- |

(c)

analytical, monitoring and evaluation activities, including studies and threat, risk and impact assessments,
  which are evidence based and in line with Union priorities and initiatives that have been endorsed by the European Parliament and the Council
  ;

Justification

No funds should be used as conduits for the financing of measures or practices that have not first been approved by a political agreement at the level of the European Parliament and the Council.

Amendment 47

Proposal for a regulation

Article 4 — paragraph 2 — subparagraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Coordination as regards actions in and in relation to third countries shall be ensured by the Commission and the Member States, together with the European External Action Service, as set out in Article 3(4a) of Regulation (EU) No .../2013 [the Horizontal Regulation]. |

Text proposed by the Commission

Amendment

Coordination as regards actions in and in relation to third countries shall be ensured by the Commission and the Member States, together with the European External Action Service, as set out in Article 3(4a) of Regulation (EU) No .../2013 [the Horizontal Regulation].

Amendment 48

Proposal for a regulation

Article 5 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The annual appropriations shall be authorised by the budgetary authority
  within
  the
  limits
  of the
  Financial Framework
  . | 2.   The annual appropriations
  for the Fund
  shall be authorised by the budgetary authority
  without prejudice to
  the
  provisions
  of the
  Regulation laying down the multiannual financial framework for the years 2014-2020 and the Interinstitutional Agreement of xxx/201z between the European Parliament, the Council and the Commission on cooperation in budgetary matters and sound financial management
  . |

Text proposed by the Commission

Amendment

2.   The annual appropriations shall be authorised by the budgetary authority
  within
  the
  limits
  of the
  Financial Framework
  .

2.   The annual appropriations
  for the Fund
  shall be authorised by the budgetary authority
  without prejudice to
  the
  provisions
  of the
  Regulation laying down the multiannual financial framework for the years 2014-2020 and the Interinstitutional Agreement of xxx/201z between the European Parliament, the Council and the Commission on cooperation in budgetary matters and sound financial management
  .

Amendment 49

Proposal for a regulation

Article 5 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   The budget allocated under the Instrument shall be implemented under shared management in accordance with Article 55(1)(b) of Regulation (EU) No XXXX/2012 [New Financial Regulation],
  with the exception of the Union actions referred to in Article 7, the technical assistance referred to in Article 8(1) and the emergency assistance referred to in Article 9
  . | 4.   The budget allocated under the Instrument shall be implemented
  by direct and indirect management (the Union actions referred to in Article 7, the technical assistance referred to in Article 8(1) and the emergency assistance referred to in Article 9) or
  under shared management in accordance with Article 55(1)(b) of Regulation (EU) No XXXX/2012 [New Financial Regulation]. |

Text proposed by the Commission

Amendment

4.   The budget allocated under the Instrument shall be implemented under shared management in accordance with Article 55(1)(b) of Regulation (EU) No XXXX/2012 [New Financial Regulation],
  with the exception of the Union actions referred to in Article 7, the technical assistance referred to in Article 8(1) and the emergency assistance referred to in Article 9
  .

4.   The budget allocated under the Instrument shall be implemented
  by direct and indirect management (the Union actions referred to in Article 7, the technical assistance referred to in Article 8(1) and the emergency assistance referred to in Article 9) or
  under shared management in accordance with Article 55(1)(b) of Regulation (EU) No XXXX/2012 [New Financial Regulation].

Justification

Implementation of the Union budget by shared management should be the exception and not the rule (cf. Article 55 of the Financial Regulation).

Amendment 50

Proposal for a regulation

Article 5 — paragraph 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 4a.
     
  In accordance with Article 317 TFEU, the ultimate responsibility for implementing the Union budget lies with the Commission. |

Text proposed by the Commission

Amendment

4a.
     
  In accordance with Article 317 TFEU, the ultimate responsibility for implementing the Union budget lies with the Commission.

Justification

According to Article 317 TFEU, the ultimate responsibility for implementing the Union budget rests with the Commission.

Amendment 51

Proposal for a regulation

Article 5 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.   
  The
  global resources shall be used
  indicatively
  as follows: | 5.   
  Without prejudice to the prerogatives of the budgetary authority, the
  global resources shall be used as follows: |
| a) | EUR 564 million
  for the national programmes of Member States; |

Text proposed by the Commission

Amendment

5.   
  The
  global resources shall be used
  indicatively
  as follows:

5.   
  Without prejudice to the prerogatives of the budgetary authority, the
  global resources shall be used as follows:

a)

EUR 564 million
  for the national programmes of Member States;

| a) | 55 %
  for the national programmes of Member States; |
| --- | --- |

a)

55 %
  for the national programmes of Member States;

| b) | EUR 564 million
  for Union actions, emergency assistance and technical assistance at the initiative of the Commission. |
| --- | --- |

b)

EUR 564 million
  for Union actions, emergency assistance and technical assistance at the initiative of the Commission.

| b) | 45 %
  for Union actions, emergency assistance and technical assistance at the initiative of the Commission. |
| --- | --- |

b)

45 %
  for Union actions, emergency assistance and technical assistance at the initiative of the Commission.

Amendment 52

Proposal for a regulation

Article 5 — paragraph 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| 7.
     
  The countries associated with the implementation, application and development of the Schengen acquis shall participate in the Instrument, in accordance with this Regulation. | deleted |

Text proposed by the Commission

Amendment

7.
     
  The countries associated with the implementation, application and development of the Schengen acquis shall participate in the Instrument, in accordance with this Regulation.

deleted

Justification

This Regulation does not constitute a development of the Schengen acquis.

Amendment 53

Proposal for a regulation

Article 5 — paragraph 8

| Text proposed by the Commission | Amendment |
| --- | --- |
| 8.
     
  Arrangements shall be concluded on the financial contributions by these countries to the Instrument and the supplementary rules necessary for such participation, including provisions ensuring the protection of the Union's financial interests and the power of audit of the Court of Auditors.




  The financial contributions from these countries shall be added to the global resources available from the Union budget referred to in paragraph 1. | deleted |

Text proposed by the Commission

Amendment

8.
     
  Arrangements shall be concluded on the financial contributions by these countries to the Instrument and the supplementary rules necessary for such participation, including provisions ensuring the protection of the Union's financial interests and the power of audit of the Court of Auditors.

The financial contributions from these countries shall be added to the global resources available from the Union budget referred to in paragraph 1.

deleted

Justification

This Regulation does not constitute a development of the Schengen acquis.

Amendment 54

Proposal for a regulation

Article 6 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Under the national programmes to be examined and approved by the Commission pursuant to Article 14 of Regulation (EU) No XXX/2012 [Horizontal Regulation], Member States shall
  focus on
  projects addressing the strategic Union priorities listed in the annex to this Regulation. | 2.   Under the national programmes to be examined and approved by the Commission pursuant to Article 14 of Regulation (EU) No XXX/2012 [Horizontal Regulation], Member States shall
  implement
  projects addressing the strategic Union priorities listed in the annex to this Regulation. |

Text proposed by the Commission

Amendment

2.   Under the national programmes to be examined and approved by the Commission pursuant to Article 14 of Regulation (EU) No XXX/2012 [Horizontal Regulation], Member States shall
  focus on
  projects addressing the strategic Union priorities listed in the annex to this Regulation.

2.   Under the national programmes to be examined and approved by the Commission pursuant to Article 14 of Regulation (EU) No XXX/2012 [Horizontal Regulation], Member States shall
  implement
  projects addressing the strategic Union priorities listed in the annex to this Regulation.

Justification

The national programmes should be focused on projects that address the strategic priorities of the Union listed in the Annex to the regulation.

Amendment 55

Proposal for a regulation

Article 7 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   At the Commission's initiative, this Instrument may be used to finance transnational actions or actions of particular interest to the Union (‘Union actions’) concerning the general, specific and operational objectives set out in Article 3. | 1.   At the Commission's initiative, this Instrument may be used to finance transnational actions or actions of particular interest to the Union (‘Union actions’) concerning the general, specific and operational objectives set out in Article 3.
  All such actions shall be in compliance with the rights and principles enshrined in the Charter of Fundamental Rights of the European Union, as well as with the Union legal provisions on data protection and privacy. The European Data Protection Supervisor, the Fundamental Rights Agency and other relevant supervisory agencies and bodies may assess these actions to ensure compliance. |

Text proposed by the Commission

Amendment

1.   At the Commission's initiative, this Instrument may be used to finance transnational actions or actions of particular interest to the Union (‘Union actions’) concerning the general, specific and operational objectives set out in Article 3.

1.   At the Commission's initiative, this Instrument may be used to finance transnational actions or actions of particular interest to the Union (‘Union actions’) concerning the general, specific and operational objectives set out in Article 3.
  All such actions shall be in compliance with the rights and principles enshrined in the Charter of Fundamental Rights of the European Union, as well as with the Union legal provisions on data protection and privacy. The European Data Protection Supervisor, the Fundamental Rights Agency and other relevant supervisory agencies and bodies may assess these actions to ensure compliance.

Justification

Independent supervision ought to guarantee the compliance of all actions with fundamental rights including privacy rights and compliance to data protection standards.

Amendment 56

Proposal for a regulation

Article 7 — paragraph 2 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   To be eligible for funding, Union actions shall be in line with the priorities identified in relevant Union strategies, programmes, threat and risk assessments, and support in particular: | 2.   To be eligible for funding, Union actions shall be in line with the priorities identified
  and agreed by the European Parliament and the Council
  in relevant Union strategies, programmes, threat and risk assessments, and support in particular: |

Text proposed by the Commission

Amendment

2.   To be eligible for funding, Union actions shall be in line with the priorities identified in relevant Union strategies, programmes, threat and risk assessments, and support in particular:

2.   To be eligible for funding, Union actions shall be in line with the priorities identified
  and agreed by the European Parliament and the Council
  in relevant Union strategies, programmes, threat and risk assessments, and support in particular:

Justification

No funds should be used as conduits for the financing of measures or practices that have not first been approved by a political agreement at the level of the European Parliament and the Council.

Amendment 57

Proposal for a regulation

Article 7 — paragraph 2 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | analytical, monitoring and evaluation activities, including threat, risk and impact assessments and projects monitoring the implementation of Union law and Union policy objectives in the Member States; |

Text proposed by the Commission

Amendment

(c)

analytical, monitoring and evaluation activities, including threat, risk and impact assessments and projects monitoring the implementation of Union law and Union policy objectives in the Member States;

| (c) | analytical, monitoring and evaluation activities, including threat, risk and impact assessments
  which are evidence based and in line with Union priorities and initiatives that have been endorsed by the European Parliament and the Council,
  and projects monitoring the implementation of Union law and Union policy objectives in the Member States; |
| --- | --- |

(c)

analytical, monitoring and evaluation activities, including threat, risk and impact assessments
  which are evidence based and in line with Union priorities and initiatives that have been endorsed by the European Parliament and the Council,
  and projects monitoring the implementation of Union law and Union policy objectives in the Member States;

Justification

No funds should be used as conduits for the financing of measures or practices that have not first been approved by a political agreement at the level of the European Parliament and the Council.

Amendment 58

Proposal for a regulation

Article 7 — paragraph 2 — point f

| Text proposed by the Commission | Amendment |
| --- | --- |
| (f) | the acquisition and/or further upgrading of technical equipment, secure facilities, infrastructures, related buildings and systems, especially ICT systems and their components at the Union level, including for the purpose of European cooperation on cyber crime, notably a European Cybercrime Centre;· |

Text proposed by the Commission

Amendment

(f)

the acquisition and/or further upgrading of technical equipment, secure facilities, infrastructures, related buildings and systems, especially ICT systems and their components at the Union level, including for the purpose of European cooperation on cyber crime, notably a European Cybercrime Centre;·

| (f) | the acquisition and/or further upgrading of technical equipment,
  know-how,
  secure facilities, infrastructures, related buildings and systems, especially ICT systems and their components at the Union level, including for the purpose of European cooperation on cyber crime, notably a European Cybercrime Centre; |
| --- | --- |

(f)

the acquisition and/or further upgrading of technical equipment,
  know-how,
  secure facilities, infrastructures, related buildings and systems, especially ICT systems and their components at the Union level, including for the purpose of European cooperation on cyber crime, notably a European Cybercrime Centre;

Amendment 59

Proposal for a regulation

Article 10 — paragraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   
  EUR 564 million shall be allocated to the Member States indicatively as follows: | 1.   
  The resources for national programmes shall be distributed as follows: |

Text proposed by the Commission

Amendment

1.   
  EUR 564 million shall be allocated to the Member States indicatively as follows:

1.   
  The resources for national programmes shall be distributed as follows:

Amendment 60

Proposal for a regulation

Article 10 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| a) | 30 %
  in proportion of the size of their total population; |

Text proposed by the Commission

Amendment

a)

30 %
  in proportion of the size of their total population;

| a) | 35 %
  in proportion of the size of their total population; |
| --- | --- |

a)

35 %
  in proportion of the size of their total population;

Amendment 61

Proposal for a regulation

Article 10 — paragraph 1 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| c) | 10 %
  in proportion to the number of passengers and the tons of cargo processed through their international air and sea ports; |

Text proposed by the Commission

Amendment

c)

10 %
  in proportion to the number of passengers and the tons of cargo processed through their international air and sea ports;

| c) | 20 %
  in proportion to the number of passengers and the tons of cargo processed through their international air and sea ports; |
| --- | --- |

c)

20 %
  in proportion to the number of passengers and the tons of cargo processed through their international air and sea ports;

Amendment 62

Proposal for a regulation

Article 10 — paragraph 1 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| d) | 10 % in proportion to the number of European Critical Infrastructure designated in accordance with Directive 2008/114/EC; |

Text proposed by the Commission

Amendment

d)

10 % in proportion to the number of European Critical Infrastructure designated in accordance with Directive 2008/114/EC;

deleted

Amendment 63

Proposal for a regulation

Article 10 — paragraph 1 — point e

| Text proposed by the Commission | Amendment |
| --- | --- |
| e) | 40 %
  in inverse proportion to their Gross Domestic Product (purchasing power standard per inhabitant). |

Text proposed by the Commission

Amendment

e)

40 %
  in inverse proportion to their Gross Domestic Product (purchasing power standard per inhabitant).

| e) | 35 %
  in inverse proportion to their Gross Domestic Product (purchasing power standard per inhabitant). |
| --- | --- |

e)

35 %
  in inverse proportion to their Gross Domestic Product (purchasing power standard per inhabitant).

Amendment 64

Proposal for a regulation

Article 11 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The delegation of powers referred to in this Regulation shall be conferred on the Commission for a period of 7 years from [date of entry into force of this Regulation].
  The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. | 2.   The delegation of powers referred to in this Regulation shall be conferred on the Commission for a period of 7 years from [date of entry into force of this Regulation]. |

Text proposed by the Commission

Amendment

2.   The delegation of powers referred to in this Regulation shall be conferred on the Commission for a period of 7 years from [date of entry into force of this Regulation].
  The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

2.   The delegation of powers referred to in this Regulation shall be conferred on the Commission for a period of 7 years from [date of entry into force of this Regulation].

Amendment 65

Proposal for a regulation

Article 11 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.   A delegated act adopted pursuant to this Regulation shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of
  2
  months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by
  2
  months at the initiative of the European Parliament or the Council. | 5.   A delegated act adopted pursuant to this Regulation shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of
  3
  months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by
  3
  months at the initiative of the European Parliament or the Council. |

Text proposed by the Commission

Amendment

5.   A delegated act adopted pursuant to this Regulation shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of
  2
  months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by
  2
  months at the initiative of the European Parliament or the Council.

5.   A delegated act adopted pursuant to this Regulation shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of
  3
  months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by
  3
  months at the initiative of the European Parliament or the Council.

Amendment 66

Proposal for a regulation

Article 12 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.
     
  Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. | deleted |

Text proposed by the Commission

Amendment

2.
     
  Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

deleted

Justification

No reference is made to Article 12(2) anywhere else in the text in question.

Amendment 67

Proposal for a regulation

Article 15 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.   The Commission shall submit to the European Parliament and the Council, by 31 December 2015, a report on the results achieved and on qualitative and quantitative aspects of implementation of Council Decision 2007/125/JHA for the period 2011 to 2013. | 5.   The Commission shall submit to the European Parliament and the Council, by 31 December 2015, a report on the results achieved and on qualitative and quantitative aspects of implementation of Council Decision 2007/125/JHA for the period 2011 to 2013.
  In this report, the European Commission shall provide concrete evidence, if available, of the complementarity and synergies achieved between the EU funds and the Members States' budgets and of the triggering effects on Member States of the EU budget in achieving the objectives set in the Council Decision 2007/125/JHA. |

Text proposed by the Commission

Amendment

5.   The Commission shall submit to the European Parliament and the Council, by 31 December 2015, a report on the results achieved and on qualitative and quantitative aspects of implementation of Council Decision 2007/125/JHA for the period 2011 to 2013.

5.   The Commission shall submit to the European Parliament and the Council, by 31 December 2015, a report on the results achieved and on qualitative and quantitative aspects of implementation of Council Decision 2007/125/JHA for the period 2011 to 2013.
  In this report, the European Commission shall provide concrete evidence, if available, of the complementarity and synergies achieved between the EU funds and the Members States' budgets and of the triggering effects on Member States of the EU budget in achieving the objectives set in the Council Decision 2007/125/JHA.

Amendment 68

Proposal for a regulation

Article 15 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 15a |
| | Evaluation |
| | By 31 December 2017 at the latest, the Commission shall submit to the European Parliament and the Council an evaluation report on the achievement of the objectives set out in this Regulation. |

Text proposed by the Commission

Amendment

Article 15a

Evaluation

By 31 December 2017 at the latest, the Commission shall submit to the European Parliament and the Council an evaluation report on the achievement of the objectives set out in this Regulation.

Justification

As part of a results-based approach, a mid-term review should be conducted of the operation of this regulation.

Amendment 69

Proposal for a regulation

Article 16 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| On the basis of a proposal from the Commission, the European Parliament and the Council shall review this Regulation by
  30
  June 2020 at the latest. | On the basis of a proposal from the Commission, the European Parliament and the Council shall review this Regulation by
  1
  June 2020 at the latest. |

Text proposed by the Commission

Amendment

On the basis of a proposal from the Commission, the European Parliament and the Council shall review this Regulation by
  30
  June 2020 at the latest.

On the basis of a proposal from the Commission, the European Parliament and the Council shall review this Regulation by
  1
  June 2020 at the latest.

Amendment 70

Proposal for a regulation

Annex 1 — point 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| — | Measures preventing and fighting cross-border, serious and organised crime, in particular drug trafficking, trafficking in human beings, sexual exploitation of children and projects identifying and dismantling criminal networks, protecting the economy against criminal infiltration and reducing financial incentives by seizing, freezing and confiscating criminal assets. |

Text proposed by the Commission

Amendment

—

Measures preventing and fighting cross-border, serious and organised crime, in particular drug trafficking, trafficking in human beings, sexual exploitation of children and projects identifying and dismantling criminal networks, protecting the economy against criminal infiltration and reducing financial incentives by seizing, freezing and confiscating criminal assets.

| — | Measures preventing and fighting cross-border, serious and organised crime, in particular drug trafficking, trafficking in human beings, sexual exploitation of children and
  distribution of child abuse images and
  projects identifying and dismantling criminal networks, protecting the economy against criminal infiltration and reducing financial incentives by seizing, freezing and confiscating criminal assets. |
| --- | --- |

—

Measures preventing and fighting cross-border, serious and organised crime, in particular drug trafficking, trafficking in human beings, sexual exploitation of children and
  distribution of child abuse images and
  projects identifying and dismantling criminal networks, protecting the economy against criminal infiltration and reducing financial incentives by seizing, freezing and confiscating criminal assets.

Amendment 71

Proposal for a regulation

Annex 1 — new point after last point

| Text proposed by the Commission | Amendment |
| --- | --- |
| | — | Measures seeking to achieve a closer partnership between the Union and third countries (in particular countries situated on its external borders) and the drawing up and implementation of operational programmes of action for achievement of the above EU strategic priorities. |

Text proposed by the Commission

Amendment

—

Measures seeking to achieve a closer partnership between the Union and third countries (in particular countries situated on its external borders) and the drawing up and implementation of operational programmes of action for achievement of the above EU strategic priorities.

---

(1)  
  Texts adopted P7_TA(2011)0266.

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| 30.12.2015 | EN | Official Journal of the European Union | C 440/301 |
| --- | --- | --- | --- |

30.12.2015

EN

Official Journal of the European Union

C 440/301

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P7_TA(2013)0023

EU-Iraq partnership and cooperation agreement ***

European Parliament legislative resolution of 17 January 2013 on the draft Council decision on the conclusion of a Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Iraq, of the other part (10209/2012 — C7-0189/2012 — 2010/0310(NLE))

(Consent)

(2015/C 440/32)

The European Parliament,

| — | having regard to the draft Council decision (10209/2012), |
| --- | --- |

—

having regard to the draft Council decision (10209/2012),

| — | having regard to the draft Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Iraq, of the other part (05784/2011), |
| --- | --- |

—

having regard to the draft Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Iraq, of the other part (05784/2011),

| — | having regard to the request for consent submitted by the Council in accordance with Articles 79(3), 91, 100, 192(1), 194, 207 and 209 and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C7-0189/2012), |
| --- | --- |

—

having regard to the request for consent submitted by the Council in accordance with Articles 79(3), 91, 100, 192(1), 194, 207 and 209 and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C7-0189/2012),

| — | having regard to Rules 81 and 90(7) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 81 and 90(7) of its Rules of Procedure,

| — | having regard to the recommendation of the Committee on Foreign Affairs and the opinion of the Committee on International Trade (A7-0411/2012), |
| --- | --- |

—

having regard to the recommendation of the Committee on Foreign Affairs and the opinion of the Committee on International Trade (A7-0411/2012),

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

1.

Consents to conclusion of the agreement;

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

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 Republic of Iraq.

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| 30.12.2015 | EN | Official Journal of the European Union | C 440/302 |
| --- | --- | --- | --- |

30.12.2015

EN

Official Journal of the European Union

C 440/302

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P7_TA(2013)0025

Interim agreement establishing a framework for an EC-Eastern and Southern Africa States Economic Partnership Agreement ***

European Parliament legislative resolution of 17 January 2013 on the draft Council decision on the conclusion of the Interim Agreement establishing a framework for an Economic Partnership Agreement between Eastern and Southern Africa States, on the one part, and the European Community and its Member States, on the other part (11699/2012 — C7-0193/2012 — 2008/0251(NLE))

(Consent)

(2015/C 440/33)

The European Parliament,

| — | having regard to the draft Council decision (11699/2012), |
| --- | --- |

—

having regard to the draft Council decision (11699/2012),

| — | having regard to the Interim Agreement establishing a framework for an Economic Partnership Agreement between Eastern and Southern Africa States, on the one part, and the European Community and its Member States, on the other part (1), |
| --- | --- |

—

having regard to the Interim Agreement establishing a framework for an Economic Partnership Agreement between Eastern and Southern Africa States, on the one part, and the European Community and its Member States, on the other part (1),

| — | having regard to the request for consent submitted by the Council in accordance with Article 207(4), Article 209(2) and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C7-0193/2012), |
| --- | --- |

—

having regard to the request for consent submitted by the Council in accordance with Article 207(4), Article 209(2) and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C7-0193/2012),

| — | having regard to Rules 81 and 90(7) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 81 and 90(7) of its Rules of Procedure,

| — | having regard to the recommendation of the Committee on International Trade and the opinion of the Committee on Development (A7-0431/2012), |
| --- | --- |

—

having regard to the recommendation of the Committee on International Trade and the opinion of the Committee on Development (A7-0431/2012),

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

1.

Consents to conclusion of the Agreement;

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

2.

Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of Madagascar, Mauritius, the Seychelles and Zimbabwe.

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(1)  OJ L 111, 24.4.2012, p. 2.

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