ISSN 1977-091X

Official Journal

of the European Union

C 238

European flag  

English edition

Information and Notices

Volume 61
6 July 2018


Contents

page

 

 

EUROPEAN PARLIAMENT
2016-2017 SESSION
Sittings of 12 to 15 December 2016
The Minutes of this session have been published in OJ C 387, 16.11.2017 .
TEXTS ADOPTED

1


 

I   Resolutions, recommendations and opinions

 

RESOLUTIONS

 

European Parliament

 

Tuesday 13 December 2016

2018/C 238/01

European Parliament resolution of 13 December 2016 on the situation of fundamental rights in the European Union in 2015 (2016/2009(INI))

2

2018/C 238/02

European Parliament resolution of 13 December 2016 on a coherent EU policy for cultural and creative industries (2016/2072(INI))

28

2018/C 238/03

European Parliament resolution of 13 December 2016 on rights of women in the Eastern Partnership States (2016/2060(INI))

42

 

Wednesday 14 December 2016

2018/C 238/04

European Parliament non-legislative resolution of 14 December 2016 on the draft Council decision on the conclusion of a Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Uzbekistan, of the other part, amending the Agreement in order to extend the provisions of the Agreement to bilateral trade in textiles, taking account of the expiry of the bilateral textiles Agreement (16384/1/2010 — C7-0097/2011 — 2010/0323(NLE) — 2016/2226(INI))

51

2018/C 238/05

European Parliament non-legislative resolution of 14 December 2016 on the draft Council decision on the conclusion of the Agreement between the European Union and the Kingdom of Norway on reciprocal access to fishing in the Skagerrak for vessels flying the flag of Denmark, Norway and Sweden (10711/2016 — C8-0332/2016 — 2016/0192(NLE) — 2016/2229(INI))

55

2018/C 238/06

European Parliament resolution of 14 December 2016 on the Annual Report on human rights and democracy in the world and the European Union’s policy on the matter 2015 (2016/2219(INI))

57

2018/C 238/07

European Parliament resolution of 14 December 2016 on the implementation of the Common Foreign and Security Policy (2016/2036(INI))

89

2018/C 238/08

European Parliament resolution of 14 December 2016 on CAP tools to reduce price volatility in agricultural markets (2016/2034(INI))

101

 

Thursday 15 December 2016

2018/C 238/09

European Parliament resolution of 15 December 2016 on the cases of the Larung Gar Tibetan Buddhist Academy and Ilham Tohti (2016/3026(RSP))

108

2018/C 238/10

European Parliament resolution of 15 December 2016 on the situation of the Rohingya minority in Myanmar (2016/3027(RSP))

112

2018/C 238/11

European Parliament resolution of 15 December 2016 on mass graves in Iraq (2016/3028(RSP))

117

2018/C 238/12

European Parliament resolution of 15 December 2016 on the draft Commission implementing directive amending Annexes I to V to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (D047308/01 — 2016/3010(RSP))

120

2018/C 238/13

European Parliament resolution of 15 December 2016 on support for the thalidomide survivors (2016/3029(RSP))

125

2018/C 238/14

European Parliament resolution of 15 December 2016 on the regulation on paediatric medicines (2016/2902(RSP))

128

2018/C 238/15

European Parliament resolution of 15 December 2016 on the activities of the Committee on Petitions 2015 (2016/2146(INI))

132

2018/C 238/16

European Parliament resolution of 15 December 2016 on international aviation agreements (2016/2961(RSP))

142


 

III   Preparatory acts

 

EUROPEAN PARLIAMENT

 

Tuesday 13 December 2016

2018/C 238/17

European Parliament legislative resolution of 13 December 2016 on the draft Council decision on the conclusion of the Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the People's Democratic Republic of Algeria, of the other part, on a Framework Agreement between the European Union and the People's Democratic Republic of Algeria on the general principles for the participation of the People's Democratic Republic of Algeria in Union programmes (16152/2014 — C8-0152/2015 — 2014/0195(NLE))

144

2018/C 238/18

European Parliament legislative resolution of 13 December 2016 on the Council position at first reading in view of the adoption of a Regulation of the European Parliament and of the Council establishing specific conditions for fishing for deep-sea stocks in the North-East Atlantic and provisions for fishing in international waters of the North-East Atlantic and repealing Council Regulation (EC) No 2347/2002 (11625/1/2016 — C8-0427/2016 — 2012/0179(COD))

145

2018/C 238/19

European Parliament decision of 13 December 2016 on the general revision of Parliament's Rules of Procedure (2016/2114(REG))

146

 

Wednesday 14 December 2016

2018/C 238/20

P8_TA(2016)0488
Insolvency proceedings and insolvency practitioners ***I
European Parliament legislative resolution of 14 December 2016 on the proposal for a regulation of the European Parliament and of the Council replacing the lists of insolvency proceedings and insolvency practitioners in Annexes A and B to Regulation (EU) 2015/848 on insolvency proceedings (COM(2016)0317 — C8-0196/2016 — 2016/0159(COD))
P8_TC1-COD(2016)0159
Position of the European Parliament adopted at first reading on 14 December 2016 with a view to the adoption of Regulation (EU) 2017/… of the European Parliament and of the Council replacing Annexes A and B to Regulation (EU) 2015/848 on insolvency proceedings

393

2018/C 238/21

European Parliament legislative resolution of 14 December 2016 on the draft Council decision on the conclusion of a Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Uzbekistan, of the other part, amending the Agreement in order to extend the provisions of the Agreement to bilateral trade in textiles, taking account of the expiry of the bilateral textiles Agreement (16384/1/2010 — C7-0097/2011 — 2010/0323(NLE))

394

2018/C 238/22

European Parliament legislative resolution of 14 December 2016 on the draft Council decision on the conclusion, on behalf of the Union, of the Protocol of Accession to the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part, to take account of the accession of Ecuador (07620/2016 — C8-0463/2016 — 2016/0092(NLE))

395

2018/C 238/23

European Parliament legislative resolution of 14 December 2016 on the draft Council decision on the conclusion of the Agreement between the European Union and the Kingdom of Norway on reciprocal access to fishing in the Skagerrak for vessels flying the flag of Denmark, Norway and Sweden (10711/2016 — C8-0332/2016 — 2016/0192(NLE))

396

2018/C 238/24

European Parliament legislative resolution of 14 December 2016 on the draft Council implementing decision approving the conclusion by the European Police Office (Europol) of the Agreement on Operational and Strategic Cooperation between Georgia and Europol (10343/2016 — C8-0266/2016 — 2016/0810(CNS))

397

2018/C 238/25

European Parliament resolution of 14 December 2016 on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the European Globalisation Adjustment Fund (application from Spain — EGF/2016/004 ES/Comunidad Valenciana automotive) (COM(2016)0708 — C8-0454/2016 — 2016/2298(BUD))

398

2018/C 238/26

European Parliament legislative resolution of 14 December 2016 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council repealing Regulation (EEC) No 1192/69 of the Council on common rules for the normalisation of the accounts of railway undertakings (11197/1/2016 — C8-0424/2016 — 2013/0013(COD))

403

2018/C 238/27

European Parliament legislative resolution of 14 December 2016 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council amending Regulation (EC) No 1370/2007 concerning the opening of the market for domestic passenger transport services by rail (11198/1/2016 — C8-0425/2016 — 2013/0028(COD))

404

2018/C 238/28

European Parliament legislative resolution of 14 December 2016 on the Council position at first reading with a view to the adoption of a directive of the European Parliament and of the Council amending Directive 2012/34/EU as regards the opening of the market for domestic passenger transport services by rail and the governance of the railway infrastructure (11199/1/2016 – C8-0426/2016 — 2013/0029(COD))

406

2018/C 238/29

P8_TA(2016)0499
Market access to port services and financial transparency of ports ***I
European Parliament legislative resolution of 14 December 2016 on the proposal for a regulation of the European Parliament and of the Council establishing a framework on market access to port services and financial transparency of ports (COM(2013)0296 — C7-0144/2013 — 2013/0157(COD))
P8_TC1-COD(2013)0157
Position of the European Parliament adopted at first reading on 14 December 2016 with a view to the adoption of Regulation (EU) 2017/… of the European Parliament and of the Council establishing a framework for the provision of port services and common rules on the financial transparency of ports

407

2018/C 238/30

European Parliament decision of 14 December 2016 on the nomination of Juhan Parts as a Member of the Court of Auditors (C8-0445/2016 — 2016/0817(NLE))

409

2018/C 238/31

European Parliament legislative resolution of 14 December 2016 on the proposal for a Council decision amending Decision 2008/376/EC on the adoption of the Research Programme of the Research Fund for Coal and Steel and on the multiannual technical guidelines for this programme (COM(2016)0075 — C8-0099/2016 — 2016/0047(NLE))

410

 

Thursday 15 December 2016

2018/C 238/32

P8_TA(2016)0508
Third countries whose nationals are subject to or exempt from a visa requirement: revision of the suspension mechanism ***I
European Parliament legislative resolution of 15 December 2016 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (revision of the suspension mechanism) (COM(2016)0290 — C8-0176/2016 — 2016/0142(COD))
P8_TC1-COD(2016)0142
Position of the European Parliament adopted at first reading on 15 December 2016 with a view to the adoption of Regulation (EU) 2017/… of the European Parliament and of the Council amending Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (revision of the suspension mechanism)

416


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.

EN

 


6.7.2018   

EN

Official Journal of the European Union

C 238/1


EUROPEAN PARLIAMENT

2016-2017 SESSION

Sittings of 12 to 15 December 2016

The Minutes of this session have been published in OJ C 387, 16.11.2017.

TEXTS ADOPTED

 


I Resolutions, recommendations and opinions

RESOLUTIONS

European Parliament

Tuesday 13 December 2016

6.7.2018   

EN

Official Journal of the European Union

C 238/2


P8_TA(2016)0485

Situation of fundamental rights in the European Union in 2015

European Parliament resolution of 13 December 2016 on the situation of fundamental rights in the European Union in 2015 (2016/2009(INI))

(2018/C 238/01)

The European Parliament,

having regard to the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU),

having regard to the Charter of Fundamental Rights of the European Union of 7 December 2000 (‘the Charter’), which was proclaimed on 12 December 2007 in Strasbourg and entered into force with the Treaty of Lisbon in December 2009,

having regard to the Universal Declaration of Human Rights, adopted by the UN General Assembly in 1948,

having regard to the UN treaties on the protection of human rights and fundamental freedoms and the jurisprudence of the UN treaty bodies,

having regard to the UN Convention on the Rights of Persons with Disabilities, which was adopted in New York on 13 December 2006 and ratified by the EU on 23 December 2010,

having regard to the Concluding Observations adopted in October 2015 of the UNCRPD Committee,

having regard to the UN Convention on the Rights of the Child, adopted in New York on 20 November 1989,

having regard to the following General Comments of the UN Committee on the Rights of the Child: No 6 (2005) on treatment of unaccompanied and separated children outside their country of origin, No 7 (2005) on implementing child rights in early childhood, No 9 (2006) on the rights of children with disabilities, No 10 (2007) on children’s rights in juvenile justice, No 12 (2009) on the right of the child to be heard, No 13 (2011) on the right of the child to freedom from all forms of violence and No 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration,

having regard to the 1979 UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and to the Beijing Platform for Action, to its resolutions of 25 February 2014 with recommendations to the Commission on combating violence against women (1) and of 6 February 2014 on the Commission communication entitled ‘Towards the elimination of female genital mutilation’ (2), and to the Council conclusions of 5 June 2014 on preventing and combating all forms of violence against women and girls, including female genital mutilation,

having regard to the 1951 UN Convention, and the 1967 Protocol thereto, relating to the Status of Refugees,

having regard to the 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families,

having regard to the UN Convention of 1949 for the Suppression of the Traffic in Persons and of the Exploitation or the Prostitution of Others,

having regard to the OHCHR Recommended Principles and Guidelines on Human Rights at International Borders,

having regard to the report of 22 July 2014 of the UN Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence,

having regard to the Regional Implementation Strategy of the Madrid International Plan of Acting on Ageing, 2002,

having regard to the Principles relating to the Status of National Institutions for the Promotion and Protection of Human Rights (the ‘Paris Principles’), annexed to UN General Assembly resolution 48/134,

having regard to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), the case law of the European Court of Human Rights, in particular cases 18766/11 and 36030/11, the conventions, recommendations, resolutions and reports of the Parliamentary Assembly, the Committee of Ministers, the Commissioner for Human Rights and the Venice Commission of the Council of Europe,

having regard to the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention),

having regard to the Council of Europe’s Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Languages,

having regard to the Council of Europe Parliamentary Assembly Resolution 1985 (2014) — The situation and rights of national minorities in Europe,

having regard to the Council of Europe Charter on Education for Democratic Citizenship and Human Rights Education,

having regard to the Council of Europe Convention on Action against Trafficking in Human Beings,

having regard to Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (3),

having regard to the Council Recommendation of 9 December 2013 on effective Roma integration measures in the Member States (4),

having regard to Directive (EU) 2016/800 of the European Parliament and of the Council of 11 May 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings (5),

having regard to Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law (6),

having regard to Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (7),

having regard to Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services (8),

having regard to Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (9),

having regard to Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on Audiovisual Media Services (10) and the results of the Commission’s public consultation held between July and September 2015,

having regard to Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA (11),

having regard to Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (12),

having regard to Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA (13),

having regard to the directives on procedural rights of persons suspected or accused in criminal proceedings,

having regard to the Data Protection Package adopted in December 2015,

having regard to Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 (14) establishing a European Border and Coast Guard, and to Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 (15) (the Asylum Procedures Directive),

having regard to the Presidency conclusions of the Barcelona European Council of 15-16 March 2002,

having regard to the European Pact for gender equality for the period 2011-2020 adopted by the Council conclusions of 7 March 2011,

having regard to the Council conclusions of 15 June 2011 on early childhood education and care,

having regard to the Council conclusions of the Justice and Home Affairs Council of 5-6 June 2014 on immigrant integration policy in the European Union,

having regard to the Council conclusions of 19 June 2015 on equal income opportunities for women and men: closing the gender gap in pensions,

having regard to the EU Presidency Trio declaration on gender equality of 7 December 2015,

having regard to the Council conclusions on LGBTI equality, adopted on 16 June 2016,

having regard to the Council conclusions on the Action Plan on Human Rights and Democracy 2015-2019,

having regard to the Declaration on promoting citizenship and the common values of freedom, tolerance and non-discrimination through education (Paris Declaration),

having regard to the Guidelines adopted by the Foreign Affairs Council to promote and protect the enjoyment of all human rights by lesbian, gay, bisexual, transgender and intersex (LGBTI) persons of 24 June 2013,

having regard to the European Union guidelines on Human Rights Defenders,

having regard to the Eurobarometer survey entitled ‘Discrimination in the EU in 2015’,

having regard to the Commission Communication entitled ‘A new EU Framework to Strengthen the Rule of Law’ (COM(2014)0158) and the Council conclusions entitled ‘Ensuring respect for the Rule of Law’,

having regard to the European Commission’s List of Actions to advance LGBTI Equality,

having regard to the Commission’s 2015 report on equality between women and men in the European Union (SWD(2016)0054),

having regard to the Commission Communication entitled ‘Action Plan on the integration of third country nationals’ (COM(2016)0377),

having regard to the Europe 2020 strategy, specifically its targets on poverty and social exclusion,

having regard to the OECD/European Union publication entitled ‘Indicators of Immigration Integration 2015 — Settling In’,

having regard to the Commission communication entitled ‘Towards Social Investment for Growth and Cohesion’ (COM(2013)0083) and its Recommendation 2013/112/EU of 20 February 2013 on ‘Investing in children: breaking the cycle of disadvantage’,

having regard to the Commission progress report on the Barcelona objectives of 29 May 2013 entitled ‘The development of childcare facilities for young children in Europe with a view to sustainable and inclusive growth’ (COM(2013)0322),

having regard to the EU Strategy towards the Eradication of Trafficking in Human Beings 2012-2016’ (COM(2012)0286), in particular the provisions on financing the development of guidelines on child protection systems and on the exchange of best practices,

having regard to the Commission Communication entitled ‘An EU Framework for National Roma Integration Strategies up to 2020’ (COM(2011)0173) and the European Council conclusions of 24 June 2011,

having regard to the Commission Communication entitled ‘Steps forward in implementing national Roma integration strategies’ (COM(2013)0454),

having regard to the 2015 Commission Report on the Application of the EU Charter of Fundamental Rights (COM(2016)0265), and to the accompanying working documents,

having regard to the 2013 Commission Report on EU citizenship entitled ‘EU citizens: your rights, your future’ (COM(2013)0269),

having regard to the Commission Communication entitled ‘Assessing the implementation of the EU framework for National Roma Integration Strategies and the Council recommendation on effective Roma integration measures in the Member States — 2016’ (COM(2016)0424),

having regard to the Commission’s EU Anti-corruption Report (COM(2014)0038),

having regard to the European Agenda on Migration (COM(2015)0240),

having regard to the European Agenda on Security (COM(2015)0185),

having regard to the conclusions of the 2015 Annual Colloquium on Fundamental Rights,

having regard to the results of the public consultation feeding into the 2016 Annual Colloquium on Fundamental Rights on ‘Media Pluralism and Democracy’,

having regard to the Commission proposal for a Council directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation (COM(2008)0426),

having regard to the Commission proposal regarding EU accession to the Council of Europe’s Istanbul Convention,

having regard to its resolution of 12 December 2013 on the progress made in the implementation of the National Roma Integration Strategies (16),

having regard to its resolution of 4 February 2014 on the EU Roadmap against homophobia and discrimination on grounds of sexual orientation and gender identity (17),

having regard to its resolutions on gender equality,

having regard to its resolution of 12 September 2013 on the situation of unaccompanied minors in the EU (18),

having regard to its resolutions on fundamental rights and human rights, in particular the latest dated 8 September 2015 on the situation of fundamental rights in the European Union (2013-2014) (19),

having regard to its resolutions on migration, in particular the latest dated 12 April 2016 on the situation in the Mediterranean and the need for a holistic EU approach to migration (20),

having regard to its resolution of 8 June 2005 on the protection of minorities and anti-discrimination policies in an enlarged Europe (21),

having regard to its resolution of 27 November 2014 on the 25th anniversary of the UN Convention on the Rights of the Child (22),

having regard to its resolution of 11 September 2013 on endangered European languages and linguistic diversity in the European Union (23),

having regard to its resolution of 15 April 2015 on the occasion of International Roma Day — anti-Gypsyism in Europe and EU recognition of the memorial day of the Roma genocide during World War II (24),

having regard to its resolution of 21 May 2013 on the EU Charter: standard settings for media freedom across the EU (25),

having regard to its resolution of 25 October 2016 with recommendations to the Commission on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights (26),

having regard to the Decision of the European Ombudsman closing her own-initiative inquiry OI/8/2014/AN concerning the European Commission,

having regard to Opinion 2/2013 delivered by the Court of Justice of the European Union (CJEU) regarding the draft agreement on accession of the EU to the ECHR,

having regard to the decisions and case law of the CJEU, and the case law of national constitutional courts, which use the Charter as a reference for interpreting national law, in particular cases C-83/14, C-360/10, C-70/10, C-390/12, C-199/12, C-200/12, C-201/12, C-404/15, C-659/15, C-362/14,

having regard to the Fundamental Rights Report 2016 by the European Union Agency for Fundamental Rights,

having regard to the Fundamental Rights Agency Handbook on European law relating to the rights of the child (2015),

having regard to the Fundamental Rights Agency Study on Child-friendly justice — Perspectives and experiences of professionals on children’s participation in civil and criminal judicial proceedings in 10 EU Member States (2015),

having regard to the Fundamental Rights Agency Report on Violence against children with disabilities: legislation, policies and programs in the EU (2015),

having regard to Fundamental Rights Agency’s EU LGBT Survey (2013), to its report entitled ‘Being Trans in the European Union — Comparative analysis of the EU LGBT survey data’ (2014) and to its focus paper on the Fundamental Rights Situation of Intersex people (2015),

having regard to Fundamental Rights Agency’s report entitled ‘Violence against women: an EU-wide survey’,

having regard to Fundamental Rights Agency’s survey ‘Antisemitism — Overview of data available in the European Union 2004-2015’,

having regard to the Fundamental Rights Agency’s comparative legal analysis entitled ‘Protection against discrimination on grounds of sexual orientation, gender identity and sex characteristics in the EU’,

having regard to the Fundamental Rights Agency’s EU-MIDIS surveys and survey on Roma,

having regard to the European Institute for Gender Equality’s 2015 Gender Equality Index and its 2015 report entitled ‘Reconciliation of work, family and private life in the European Union: Policy review’,

having regard to the European Institute for Gender Equality’s ‘Study to identify and map existing data and resources on sexual violence against women in the EU’,

having regard to the 2016 EUROPOL situation report ‘Trafficking in human beings in the EU’,

having regard to the Eurostat 2015 report ‘Trafficking in human beings’,

having regard to the studies of the European Foundation for the Improvement of Living and Working Conditions (Eurofound) entitled ‘Working time and work-life balance in a life course perspective’ (2013), ‘Caring for children and dependants: Effect on careers of young workers’ (2013), and ‘Working and caring: Reconciliation measures in times of demographic change’ (2015),

having regard to the European Parliamentary Research Service study of May 2015 entitled ‘Gender equality in employment and occupation — Directive 2006/54/EC, European Implementation Assessment’,

having regard to the study by Parliament’s Directorate-General for Internal Policies of the Union entitled ‘Discrimination Generated by the Intersection of Gender and Disability’,

having regard to the hearing on Fundamental Rights of the Committee on Civil Liberties, Justice and Home Affairs, held on 16 June 2016,

having regard to Rule 52 of its Rules of Procedure,

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinions of the Committee on Constitutional Affairs, the Committee on Women’s Rights and Gender Equality and the Committee on Petitions (A8-0345/2016),

A.

whereas it is essential to protect all fundamental rights; whereas the Charter of Fundamental Rights became a fully-fledged component of the Treaties; and whereas fundamental rights violations do occur in the EU and its Member States, as pointed out in reports by the Commission, the Fundamental Rights Agency (FRA), the Council of Europe and the UN, and by NGOs;

B.

whereas the European Union is a community founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities;

C.

whereas the rule of law is the backbone of European liberal democracy and is one of the founding principles of the EU, stemming from the common constitutional traditions of all Member States, and whereas respecting the rule of law is a prerequisite for the protection of the fundamental rights and obligations laid down in the Treaties and in international law;

D.

whereas in facing today’s challenges, the EU and Member States should uphold and enforce these values in every action they take; whereas the way the rule of law is implemented at national level plays a key role in ensuring mutual trust among Member States and their legal systems; whereas in accordance with Article 17 TEU the Commission must ensure the application of the Treaties;

E.

whereas the EU institutions have already started procedures to overcome the so-called ‘Copenhagen dilemma’; whereas recent developments have shown that instruments and processes to ensure the full and correct application of the principles and values of the Treaties need to be revised and integrated, and that an effective mechanism to close remaining gaps, and to ensure that Treaty principles and values are upheld throughout the Union, should be developed; whereas this mechanism should be evidence-based, objective, non-discriminatory and assessing on an equal footing, respecting the principles of subsidiarity, necessity and proportionality, applying to both Member States and institutions of the Union, and based on a graduated approach, including both a preventative and corrective arm;

F.

whereas the European Union is committed to respect freedom and pluralism of the media, as well as the right to information and freedom of expression as enshrined in the Charter of Fundamental Rights and the ECHR;

G.

whereas migration is part of the EU’s present and future and one of the biggest challenges of our times, as it appeals to the international humanitarian responsibilities of the EU and its Member States, and an opportunity for demographic reasons, and requires a forward-looking solution, both in terms of short- and medium-term crisis management and long-term policies for integration and social inclusion;

H.

whereas the right to asylum is guaranteed under the 1951 Convention on the Status of Refugees (Geneva Convention) and its Protocol of 31 January 1967, as well as by the Charter;

I.

whereas between September and December 2015 the Commission adopted 48 infringement decisions against Member States for failing to fully transpose and implement the Common European Asylum System;

J.

whereas according to the International Organization for Migration, ‘at least 3 771 people died or went missing in 2015 while attempting to reach a safe place in Europe, bringing the total number of dead and missing over the last 20 years over 30 000’;

K.

whereas acts of terrorism constitute one of the most serious violations of fundamental rights and freedoms; whereas it is necessary to have adequate tools in place to protect EU citizens and residents and to respond unequivocally and to combat such violations within the framework of the rule of law;

L.

whereas the murder of eight journalists at the offices of satirical magazine Charlie Hebdo on 7 January 2015 represented an attempt to strike against media freedom, freedom of expression and freedom of the arts in the EU;

M.

whereas it is essential that, in all measures undertaken by the Member States and the EU, fundamental rights and civil liberties are respected, including the respect for private life and family life, the right to liberty and security, the right to protection of personal data, the presumption of innocence and right of defence, the right to an effective remedy and to a fair trial, freedom of expression and information and freedom of thought, conscience and religion; whereas effective democratic oversight of security measures is essential; whereas the security of European citizens must preserve their rights and liberties; whereas, indeed, these two principles are two sides of the same coin;

N.

whereas any limitations to the rights and freedoms recognised by the Charter are subject to the principle of proportionality and necessity in line with Article 52 of the Charter;

O.

whereas Member States’ competences must be respected regarding the intelligence services in line with Article 72 TFEU;

P.

whereas Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (27) and in particular its Article 15(1) states that Member States should not impose a general obligation on providers, when providing transmission, storage and hosting services, to monitor the information which they transmit or store, nor a general obligation actively to seek facts or circumstances indicating illegal activity;

Q.

whereas, according to the Commission, 75 million people fall victim to crime across the EU every year;

R.

whereas trafficking in human beings is a serious crime often committed within the framework of organised crime, which represents a serious affront to human dignity, constitutes one of the worst kinds of violations of fundamental rights, disproportionately affects women and girls and is explicitly prohibited by the Charter;

S.

whereas trafficking for the purpose of sexual exploitation is still the most widespread form; whereas 76 % of registered victims in the EU are women; whereas 70 % of the identified victims of trafficking in human beings in the EU are EU nationals;

T.

whereas Directive 2011/36/EU introduces common provisions, taking into account the gender perspective, to strengthen the prevention of crime concerning the trafficking of human beings and the protection of the victims thereof;

U.

whereas human trafficking and smuggling are two very distinct phenomena, but, in some cases, there may be a link between them;

V.

whereas discrimination, racism, xenophobia, hate speech and hate crime motivated by racism or xenophobia, or by bias against a person’s religion or belief, age, disability, sexual orientation or gender identity threaten the core values of the EU and its Member States; whereas there is an increase in hate speech among political forces, and increasing xenophobia and other bias in important sectors of the population, including via the internet; whereas fighting discrimination, racism and xenophobia is crucial to ensuring respect for European values of tolerance, diversity and mutual respect;

W.

whereas people can be exposed to multiple and intersectional discrimination; whereas policies targeting one ground of discrimination should pay attention to the situation of specific groups that are likely to be victims of multiple discrimination that could be based on, among other things, age, race, religion, sexual orientation, gender or disability;

X.

whereas equality between women and men is a fundamental principle of the EU, and any discrimination on the basis of gender is prohibited;

Y.

whereas violence against women is a violation of fundamental rights that affects all levels of society, regardless of age, education, income, social position or country of origin or residence; whereas gender inequality and gender-based stereotypes raise the risk of violence and other forms of exploitation, and hinder the full participation of women in all areas of life;

Z.

whereas, according to FRA ‘violence against women’ survey data, one in three women in the EU has experienced physical or sexual violence since the age of 15, while one in ten has been the victim of some form of sexual violence and one in twenty has been raped since that age;

AA.

whereas gender-based violence and violence against women is still often ‘silently’ tolerated in many places, and is often not reported to the police owing to victims’ lack of trust in the authorities; whereas a zero tolerance approach is necessary;

AB.

whereas sexual and reproductive health and rights is the competence of the Member States; whereas, nevertheless, the EU can contribute to the promotion of best practices among Member States;

AC.

whereas it is necessary to guarantee equal access to health care, including to sexual and reproductive health, regardless of the economic, disability and geographic situation of women;

AD.

whereas children are the future of our society and we are responsible for their present; whereas education is one of the best ways to impart values such as peace, tolerance, coexistence, equality, justice and respect for human rights via formal, non-formal and informal education methods in line with Article 14 of the Charter;

AE.

whereas child helplines, information services and similar tools are useful as awareness-raising, referral and reporting mechanisms for cases related to the violation of children’s rights;

AF.

whereas live streaming of child sexual abuse is no longer an emerging new trend, but an established reality; whereas children are at risk of harm through online grooming and solicitation for sexual purposes, which in the most serious cases can turn into sexual coercion and other forms or abuse, and not enough is done to prevent child sexual abuse through education programmes, nor to strengthen judicial cooperation between Member States in order to combat paedophile networks,

AG.

whereas the right to privacy and to the protection of personal data is particularly important when it comes to children, who represent the most defenceless part of society;

AH.

whereas, in application of Article 37 of the Convention on the Rights of the Child and the principle of the best interests of the child, unaccompanied or separated children should not, as a general rule, be detained, and their placement in a safe environment providing all the necessary protection, healthcare and education should be ensured;

AI.

whereas the respect for the rights of persons belonging to minorities is one of the EU’s founding principles; whereas the effective protection of minorities needs to be strengthened; whereas, in view of the rise in populism and extremism, coexistence with and respect for minorities should be promoted; whereas minorities contribute to the richness and diversity of Europe; whereas the migration crisis has triggered mistrust and rising hatred towards minority communities in Europe;

AJ.

whereas the FRA’s 2016 Fundamental Rights report found that discrimination and anti-Gypsyism continue to pose challenges to effective Roma integration; whereas, according to the 2015 Eurobarometer survey on discrimination, ethnic origin is considered to be the most prevalent ground of discrimination;

AK.

whereas Roma people in Europe, individually and as a group, face anti-Gypsyism, systematic prejudice, racism, intolerance, hostility, discrimination and social exclusion in their daily lives; whereas segregation of Roma children in schooling remains a persistent problem in most Member States; whereas discrimination of Roma in the labour market prevents them to improve their ability to break out from the vicious circle of poverty;

AL.

whereas the importance of social fundamental rights is acknowledged in Articles 8, 9, 10, 19 and 21 of the Charter of Fundamental Rights of the European Union, as it is in the case law of the CJEU, thus underscoring the fact that those rights, and in particular trade union rights, the right to strike, right of association and right of assembly, must be given the same safeguards as the other fundamental rights acknowledged by the Charter;

AM.

whereas only 27 % of Europeans are familiar with the single European emergency telephone number 112, and not everyone has access to it yet;

AN.

whereas all the Member States are obliged to protect every person, including LGBTI people, from all kind of discrimination and violence; whereas any discrimination and violence on the basis of sexual orientation and gender identity should be condemned;.

AO.

whereas, according to FRA field research, prevailing negative social attitudes and stereotypes represent a major barrier to tackling discrimination and hate crime against LGBTI persons;

AP.

whereas, according to the FRA study, trans respondents indicated the highest level of discrimination, violence and harassment among LGBTI subgroups;

Protection of fundamental rights and dignity

1.

Reiterates that human dignity is the inviolable foundation of all fundamental rights and should not be subject to any instrumentalisation, that it must be respected and protected in all EU initiatives; calls for awareness-raising amongst EU citizens about the inherent dignity of all persons in order to achieve a more humane and just society;

2.

Condemns all forms of discrimination and violence in the EU against all human beings, as it constitutes a direct violation of human dignity;

3.

Reiterates its call for the respect for dignity at the end of life; highlights that the death penalty is contrary to the EU’s fundamental values;

4.

Stresses that the accession of the Union to the ECHR is a Treaty obligation under Article 6(2) TEU; notes that this would strengthen fundamental rights protection in the EU and expects the legal obstacles to accession to be eliminated as soon as possible;

Rule of Law

5.

Stresses that fundamental rights are universal, indivisible and always complementary, and that a fair balance must therefore be struck between the rights of all in a rich and diverse society; stresses the importance of ensuring that the principles set out in Article 2 of the Charter of Fundamental Rights are fully implemented, in both EU and national legislation; calls on the Commission to start infringement procedures whenever a Member State breaches the Charter when implementing EU law;

6.

Recalls that in its relations with the wider world, the Union should contribute to the protection of fundamental rights; calls on the EU institutions to ensure a high level of the protection of these rights in external relations, as well as in internal policies having external consequences;

7.

Notes that it is essential to guarantee that the common European values listed in Article 2 TEU are upheld in full in both European and national legislation, as well as in public policies and their implementation; believes that in order to safeguard the rule of law, all relevant actors at national level need to step up their effort to uphold and reinforce it; notes that an efficient, independent and impartial judiciary is crucial for the rule of law;

8.

Notes that regular exchanges with the EU institutions, and among the Member States themselves, based on objective criteria and contextual assessments, could mitigate or prevent any rule of law problems in the future; reiterates its calls for the establishment of a Union Pact on Democracy, Rule of Law and Fundamental Rights, which should consist of an annual report with country-specific recommendations; considers that this report should be drawn up using a variety of sources, including FRA, Council of Europe or UN reports, and it should incorporate and complement existing instruments, such as the Justice Scoreboard, and replace the Cooperation and Verification Mechanism for Romania and Bulgaria;

9.

Welcomes the fact that the Council holds regular debates on the rule of law; considers that the Union Pact should incorporate the Commission’s Rule of Law Framework and the Council’s Rule of Law Dialogue into a single Union instrument, and that the Council should hold its debate on the basis of the annual report with country-specific recommendations;

10.

Recalls that fundamental rights should be included as part of the impact assessment for all legislative proposals;

11.

Stresses that the freedom of movement and residence of European citizens and their families, as laid down in the Treaties and guaranteed by the Directive on freedom of movement, is one of the fundamental rights of European citizens;

12.

Recognises that the neutrality of the State is essential for protecting freedom of thought, conscience and religion, guaranteeing equal treatment of all religions and beliefs, and the freedom to practise the religion of one's choice and to change religion or belief;

13.

Recalls that freedom of expression, information and the media is fundamental to ensuring democracy and the rule of law; strongly condemns violence, pressure and threats against journalists and the media; calls on the Member States to refrain from any measures that constrain freedom of the media, communication and information; calls on the Commission to focus to a greater extent, during the accession negotiations process, on compliance also with regard to these fundamental rights;

14.

Reiterates its call on the EU and its Member States to examine the possibility of setting up a whistle-blower protection scheme and providing safeguards for journalists’ sources.

15.

Expresses concerns regarding prison conditions in some Member States, often characterised by overcrowding and ill-treatment; points out that the fundamental rights of prisoners must be guaranteed; calls on the Commission to assess the effect of the prison and criminal justice system on children; calls on the Commission to support the Member States in this regard, and to facilitate an exchange of best practices between different national authorities regarding different models of securing relationship between parents serving a prison sentence and their children;

16.

Reiterates its strong condemnation of the use of enhanced interrogation techniques, which are prohibited under international law and which breach, inter alia, the rights to liberty, security, humane treatment, freedom from torture, presumption of innocence, fair trial, legal counsel and equal protection under the law;

17.

Reiterates its call for accountability for massive violations of fundamental rights to be ensured, in particular in the context of transportation and illegal detention of prisoners, by means of open and transparent investigations;

18.

Stresses that corruption is a serious threat to democracy, the rule of law and fundamental rights; calls on the Member States and the EU institutions to fight systemic corruption, to devise effective instruments for combating and sanctioning corruption, to monitor regularly the use of public funds, be they European or national, and to promote transparency;

19.

Urges the Commission to adopt an anti-corruption strategy backed up by effective instruments; calls on the Member States to follow up the recommendations contained in the Commission’s anti-corruption report; urges them to strengthen police and judicial cooperation in fighting corruption; calls, to that end, on the Member States and the EU institutions to facilitate the rapid establishment of the European Public Prosecutor’s Office, thus providing appropriate guarantees of independence and efficiency;

Migration, integration and social inclusion

Integration and social inclusion

20.

Considers that the social inclusion and integration of migrants and refugees granted international protection in the host society is part of a dynamic and multi-dimensional process (involving rights and obligations) where respect for the values upon which the EU is built must be an integral part, as must respect for the fundamental rights of those concerned; believes that this represents a challenge and an opportunity that requires coordinated efforts and an assumption of responsibilities, both by the refugees and migrants and by the Member States, their local and regional administrations and host communities, all play an important role;

21.

Calls on Member States to apply integration policies as swiftly as possible and with adequate dedicated resources, and to formulate these in cooperation with national institutions, local governments, schools and NGOs, as well as with migrants and refugee communities; encourages increased exchange of best practices in the field of integration; calls for educational programmes that take into account regional and local aspects of the communities concerned;

22.

Considers that access to education is one of the foundations for the integration of migrants and refugees; highlights the fact that the principles of equal treatment, non-discrimination and equal opportunities should always be ensured when designing and implementing social inclusion and integration policy and measures;

23.

Reiterates that intercultural and inter-religious tolerance needs to be promoted through constant efforts and extensive dialogue involving all actors in society, and at all levels of governance;

24.

Encourages the Member States to seek to keep families together, which will assist integration prospects in the long-term; calls on the Member States to follow the Commission guidance for the application of Directive 2003/86/EC on the right to family reunification; underlines that Member States should make every effort to overcome any legal and practical obstacles in order to arrive at swifter decisions on this issue;

Migrants and refugees

25.

Notes with concern the incidents regarding violations of migrants’ and refugees’ fundamental rights at the external borders of the EU, and reiterates that all people are entitled to enjoy their human rights; recalls the fundamental right to seek asylum; encourages the EU and the Member States to devote sufficient resources to create safe and legal routes for asylum seekers in order to undermine the business model of trafficking networks and smugglers, as well as to prevent many from the risk of embarking on dangerous routes; recalls that saving lives is an act of solidarity with those at risk, but it is also a legal obligation; calls on the Member States and the EU institutions to respect international and EU law, as well as the Charter of Fundamental Rights of the European Union, when carrying out border guard actions and asylum proceedings; points out that physical persons or NGOs who genuinely assist persons in distress should not risk punishment for providing such assistance;

26.

Welcomes the fact that the recently adopted European Border and Coast Guard (EBCG) Regulation foresees a specific mandate for the EBCG Agency to support search and rescue operations, as well as to ensure the fundamental rights safeguards set out in that regulation; encourages the Member States to provide adequate training for asylum professionals (such as interviewers and interpreters) in order to identify vulnerable groups as soon as possible, and to handle asylum requests in line with the Directive on Asylum Qualifications and relevant CJEU case-law.

27.

Urges the Member States to guarantee reception conditions that do not deprive people of their fundamental rights to a dignified standard of living and to physical and mental health, and that comply with existing fundamental rights and asylum legislation, while paying attention to the most vulnerable groups; recalls that both international law and the Charter require Member States to examine alternatives to detention; calls on the Commission to monitor the implementation of the Common European Asylum System; calls on the Member States to ensure the effective and early identification of asylum seekers with special needs, their prompt access to adapted reception conditions and the provision of procedural guarantees; recalls that the right to an effective access to procedures is an integral part of the Asylum Procedures Directive, including the right to effective remedy, also in criminal procedures; calls on the Member States and the Commission to take the necessary measures to provide information and ensure transparency concerning the detention of migrants and asylum-seekers in Member States;

28.

Urges the Commission to propose a revision of Regulation (EC) No 862/2007 so that it will include gender-differentiated statistical data on the operation of detention facilities, in order to improve understanding of, and response to, the specific needs of refugees, and asylum-seekers; calls on the EU and the Member States to develop comprehensive policies to end all forms of violence against women and girls, and specific measures to ensure that female refugees and asylum seekers are protected and get access to justice; highlights that migrant women can face double discrimination in detention or reception centres, and they need to have access to feminine hygiene supplies, privacy and healthcare;

29.

Expresses concern over reports of migrant reception fund management being infiltrated by organised crime, and calls on the Commission to monitor closely the use of these funds, and to ensure that any irregularities are investigated and those responsible prosecuted;

30.

Calls on Member States to refrain from inciting fear and hatred among their citizens towards migrants and asylum-seekers for political gain; calls, therefore, on the Member States to develop positive campaigns aimed at helping citizens approach integration in a better way;

31.

Deplores the fact that the Commission has still failed to follow up on its resolutions of 14 September 2011 on an EU homelessness strategy (28) and of 16 January 2014 on an EU homelessness strategy (29), and in particular paragraphs 10 and 11 thereof; emphasises that the grounds for an EU homelessness strategy are still valid;

Freedom and security

32.

Welcomes the Commission’s initiatives and main actions to strengthen security cooperation between Member States and to set out an effective EU response to terrorism and security threats in the European Union, and fully supports measures to pave the way towards an effective Security Union; urges the Member States to fully cooperate with each other, and to improve the exchange of information among each other and with Europol and other relevant EU agencies; highlights the importance of respecting fundamental rights in the fight against terrorism; calls for an evaluation of existing measures to combat terrorism;

33.

Emphasises that any system of indiscriminate mass surveillance constitutes a serious interference with the fundamental rights of citizens; stresses that any legislative proposal in the Member States related to surveillance capabilities of intelligence bodies should always comply with the Charter and the principle of proportionality and necessity and, while acknowledging the exclusive competences of Member States in this regard, calls on the Commission closely to monitor the compliance of such legislative developments with the Treaties, as they potentially raise important legal issues;

34.

Stresses that a Member State, whenever taking measures in an emergency situation, should always comply with the Treaties and the ECHR; points out that any derogation should be limited to what the situation strictly requires and must be consistent with the obligations of the Member State in question under international law;

35.

Reiterates its call on all Member States to ensure that their national legislations and oversight mechanisms in the field of intelligence services are in line with the Charter and the ECHR;

36.

Calls for all law-enforcement agencies and authorities working to prevent radicalisation and terrorism, including those at local and regional levels, to be involved in these efforts and to ensure that they receive the training and information necessary for their work; is concerned at the growing hostility towards journalists and media outlets shown by political, religious and terrorist movements; calls on the Member States to provide journalists and media outlets with appropriate protection, and to take necessary action, using the legal means at their disposal, against attacks on journalists;

37.

Stresses that appropriate treatment of victims, including victims of terrorism, is essential to safeguarding their fundamental rights; calls, in this regard, for robust policies and mechanisms for meeting the individual needs of victims, including a thorough assessment of the implementation of the EU Victims’ Rights Directive (2012/29/EU), to ensure that people who fall victim to crime in the EU benefit from a minimum set of rights;

38.

Believes that a comprehensive policy to prevent the radicalisation and recruitment of citizens of the Union by terrorist organisations can be successful if accompanied by long-term and proactive de-radicalisation processes in the judicial sphere, by education and integration measures and by intercultural dialogue; stresses the need to develop strategies on social inclusion and integration that also tackle discrimination that hinders access to education, employment and housing;

39.

Calls on the Commission to support the Member States in their efforts to prevent radicalisation and violent extremism, which must centre on promoting European values, tolerance and community, without stigmatisation, and calls as well on the Member States to step up their efforts in this regard;

40.

Considers a consistent application of anti-discrimination legislation as part of a strategy to prevent radicalisation and to enable the de-radicalisation of those belonging to extremist organisations; recalls that exclusion and discrimination against religious communities in the European Union could create a fertile ground for individuals in vulnerable situations to join extremist organisations that can be violent;

41.

Believes that a European early warning and response system should be strengthened to identify individuals that are at high risk of radicalisation; calls on the EU and the Member States to make greater efforts, through education, to prevent radicalisation; encourages the Member States to promote on-line initiatives with a view to combating the ideas and activities of radical groups, and to incorporate this dimension into lessons on online risk prevention in schools; calls on the EU and the Member States to make greater efforts to assist the families of those who are at risk; calls for best practices to be exchanged and narratives to be built to combat violent extremism, radicalisation and discourse encouraging people to organise and perpetrate terrorist attacks in Europe; stresses that closer cross-border cooperation among competent national and European authorities is needed with a view to improving information exchanges in order to fight terrorist networks more efficiently; urges the Member States to use existing instruments of cooperation to the full extent possible; calls on the EU and the Member States to exchange best practices as regards preventing the radicalisation of people at risk, in particular in prisons;

42.

Calls on the Commission and Member States to enforce standards which guarantee that the recommendations of the European Committee for the prevention of torture and inhuman or degrading treatment and punishment (CPT) and the judgments of the European Court of Human Rights (ECtHR) are implemented, in the context of both pre-trial detention and criminal punishment;

43.

Reiterates the recommendations to the Commission on the review of the European Arrest Warrant, notably as regards the introduction of a proportionality test and a fundamental rights exception;

Trafficking in human beings

44.

Calls on EU law enforcement agencies to step up their efforts to target criminal trafficking networks and facilitators and to cooperate more intensively with one another, paying special attention to crimes against children; stresses the need to provide training for services that come into contact with victims or potential victims of trafficking, so as to help them identify the persons concerned more effectively and give them appropriate support, with training to focus on compliance with fundamental rights and on the needs of persons in particularly vulnerable situations;

45.

Notes that the Commission’s report on the progress made in the fight against trafficking in human beings shows that new technologies enable organised crime groups to access a large pool of potential victims on a much larger scale than ever before, as many victims of trafficking, especially for sexual, and labour exploitation, are recruited online; calls on the Commission and the Member States to adopt measures to prevent and address the use of new technologies as a tool of recruiting mostly women and girls as victims of trafficking in human beings;

46.

Stresses that the vulnerability of children makes them a preferred target for traffickers and that identifying and checking the identity of children who are victims of trafficking is a growing problem; recalls that some Member States consider child trafficking a separate form of exploitation while others include child victims with adults, hindering the possibility of creating a comprehensive intelligence picture, and of defining the best investigative responses at the EU level; calls, therefore, for tools that help keep track of these children on the basis of a common definition of this crime phenomenon, and for proper and targeted measures to accompany the children in the process;

47.

Notes that appointing guardians to unaccompanied children is an important safeguard to ensure their best interests; calls on the Member States, acting at central, regional and local levels, to strengthen guardianship systems for children deprived of parental care and unaccompanied children, and to establish those systems in line with the Handbook Guardianship for children deprived of parental care; notes that, while implementing the system, a special focus is needed on accompanying persons and, in light of the best interests of the child, on not separating the child from family or from non-formal accompaniment;

48.

Calls on the Member States to make equal efforts to identify, protect and assist victims of all forms of exploitation, actively including social partners, the private sector, trade unions and civil society, and to guarantee the mutual recognition of victim protection orders in the EU; calls on the Member States to implement fully and correctly the EU Anti-trafficking Directive, in particular Article 8 thereof, which calls for victims not to be criminalised, as well as the Directive on combating child sexual abuse and exploitation, and encourages the Member States and the EU institutions and agencies to strengthen their cooperation on trafficking in human beings, including exchanges of best practices, through the support of the EU Anti-Trafficking coordinator and within the framework the EU Network of National Rapporteurs or equivalent mechanisms on trafficking in human beings;

49.

Calls on the EU and all Member States to ratify the Council of Europe Convention on Action against Trafficking in Human beings; stresses that both Member States and relevant EU agencies, such as Europol, should be supported in their efforts to enable the prosecution of those facilitating human trafficking; calls as well on the Member States to address in their national strategies and action plans the demand side of trafficking and exploitation of human beings;

50.

Highlights that education is an effective tool in preventing human trafficking and exploitation, and calls on the Member States, acting at central, regional and local levels, to implement prevention education programmes into national curriculums and to promote and mainstream prevention programmes and awareness raising activities;

51.

Stresses the need to strengthen measures to prevent and avoid the consumption of goods produced, and services provided, by victims of trafficking in human beings; stresses that such measures should be incorporated into the European strategy to combat this scourge, in which companies should also be involved;

52.

Calls on the EU and its Member States to recognise human trafficking for ransom with torture practices as a form of human trafficking; considers that the severely traumatised survivors should be recognised as victims of a form of prosecutable human trafficking and receive protection, care and support (30);

Combatting discrimination, xenophobia, hate crime and hate speech

53.

Is concerned by increasing racism and xenophobia in the form of Afrophobia, anti-Gypsyism, anti-Semitism, Islamophobia and anti-migrant sentiment; calls on the Member States to protect freedom of thought, conscience, religion or belief; urges the EU and its Member States to include multiple discrimination within equality policies; calls on the Commission and the Member States to intensify work on exchanging best practices, and to strengthen their cooperation in combating racism, xenophobia, homophobia, transphobia and other forms of intolerance, with full inclusion of civil society and with the contributions of relevant stakeholders, e.g. the FRA;

54.

Welcomes the outcome of the 2015 Colloquium on Fundamental Rights and the appointment of Coordinators on anti-Semitism and anti-Muslim hatred; calls on the EU institutions and the Member States to coordinate and strengthen policy responses to address anti-Semitic and anti-Muslim hatred, including the immediate implementation of the key actions identified in the colloquium;

55.

Regrets that the proposed 2008 Equal Treatment Directive is still pending for approval by the Council; reiterates its call on the Council to adopt its position on the proposal as soon as possible; encourages the Commission to make concrete progress in the anti-discrimination agenda;

56.

Condemns the incidents of hate crime and speech motivated by racism, xenophobia or religious intolerance, or by bias against a person’s disability, sexual orientation, gender identity or minority status, which occur in the EU on a daily basis; deplores the increasing levels of hate speech from within certain institutions, political parties and media; calls on the EU to set an example of opposing hate speech within its institutions;

57.

Is concerned by the growing presence of hate speech on the internet; recommends that the Member States put in place a simple procedure enabling members of the public to report the presence of hate content online; welcomes the Commission’s announcement of the Code of Conduct on countering illegal hate speech online, and encourages adherence to this and to continued efforts to strengthen cooperation with the private sector and with civil society; recalls that measures taken in this regard should not contradict the fundamental principles relating to freedom of expression, in particular including the freedom of the press;

58.

Expresses its concern at the lack of reporting of hate crimes by victims owing to inadequate safeguards and to the failure of authorities to investigate properly and to obtain convictions for hate crimes in Member States; calls on the Member States to develop and disseminate tools and mechanisms for reporting hate crime and hate speech, and to ensure that any case of alleged hate crime or hate speech is effectively investigated, prosecuted and tried in accordance with national law and, where relevant, in compliance with the Framework Decision on racism and xenophobia, European and international human rights obligations, as well as relevant ECtHR case law, whilst ensuring the right to freedom of expression and information as well as privacy and data protection;

59.

Expresses its concern that several Member States have not transposed the provisions of Framework Decision 2008/913/JHA correctly, and calls on the Member States concerned to do so, and to implement it, as well as Directive 2012/29/EU on victims of crime, in full; calls on the Commission to monitor the transposition of these instruments and to launch infringement procedures if needed; notes that some Member States have extended the protection granted to victims of discrimination based on other grounds, such as sexual orientation or gender identity, when implementing the Framework Decision; encourages the Commission to start a dialogue with those Member States whose legislation does not cover homophobic hate motives, with a view of filling the remaining legislative gaps;

60.

Calls on the Commission to support training programmes for law enforcement and judicial authorities, and for the relevant EU agencies, with the aim of preventing and tackling discriminatory practices and hate crime; calls on the Member States to provide the authorities responsible for the investigation and prosecution of such crimes with the practical tools and skills they need to identify, and deal with, the offences covered by the Framework Decision, and to interact and communicate with victims;

61.

Recognises that, in the absence of comparable and disaggregated equality data collected by Member States, the full extent of inequality in the EU remains unacknowledged; considers the collection of such data by Member States essential for the formulation of meaningful policies for the implementation of EU equality law; calls on the Commission and the Council to acknowledge the need for reliable and comparable equality data that can provide measures on discrimination, disaggregated by discrimination grounds, in order to inform policy-making; calls on both institutions to define consistent equality data collection principles, based on self-identification, EU data protection standards and the consultation of the relevant communities;

62.

Calls on the EU institutions and the Member States, and on regional and local authorities, to strengthen the role of human rights and intercultural education in national curricula as a tool for preventing racism and all other forms of intolerance, and calls for the promotion of awareness-raising about rights; considers that a complete human rights education must also include, in an adequate way, education on past human rights injustices, on institutional racism and on the importance of memory;

63.

Deems it crucial that all Member States cooperate with national or international judicial investigations attempting to clarify responsibilities as regards, and endeavouring to ascertain the truth and secure justice and redress for the victims of, crimes against humanity committed in the Union by totalitarian regimes; calls on the Member States to provide the necessary training for legal practitioners in this area; urges the Commission to conduct an objective assessment of the state of play in such processes with a view to fostering democratic remembrance in all Member States; warns that failing to comply with international recommendations on democratic remembrance and the principles of universal jurisdiction is a breach of the basic principles of the rule of law;

Women’s rights and violence against women

64.

Regrets that gender equality has not yet been attained, that in many areas no improvements are being made, and that women’s fundamental rights continue to be breached; condemns all forms of violence against women and girls, such as domestic violence, honour killings, forced marriage, trafficking and female genital mutilation; considers that such practices can never be justified and should be criminalised and punished, and that EU and national authorities should strengthen their cooperation, in particular through exchanges of good practices and improved gathering and comparability of data on all forms of violence against women, including on multiple discrimination; considers that all those living in the Union, regardless of their original culture and tradition, should respect the law and women’s rights and dignity;

65.

Regrets that women and girls do not enjoy the same protection against violence in all Member States; stresses that many improvements are still needed to combat violence against women and girls; calls on the EU to sign and ratify the Istanbul Convention, following the launch of the procedure by the Commission in March 2016; reminds the Member States that the EU’s accession to the Istanbul Convention does not exonerate them from signing, ratifying and enforcing the Convention, and urges them to do so; calls on the Commission and the Member States to review existing legislation, and to keep the issue of violence against women high on the agenda, as gender-based violence should not be tolerated; reiterates its call on the Commission to submit a legal act establishing measures to promote and support the action of Member States in the field of prevention of violence against women and girls;

66.

Urges the Member States and regional and local authorities to lead more targeted awareness-raising campaigns to prevent violence and to encourage women to report offences; urges as well the Member States to impose appropriate and deterrent penalties for offenders, and to protect all victims of violence, and their rights, without delay and with special focus on vulnerable groups, in line with the Victims’ Rights Directive; calls on the Member States fully to implement Directive 2011/99/EU on the European Protection Order in order to ensure appropriate protection and assistance to women and girls that are victims of violence, as well as Directive 2011/36/EU on preventing and combating trafficking in human beings in order to protect women and girls from trafficking, violence and sexual exploitation; stresses that victims of gender-based violence should receive appropriate treatment and support, in line with internal rules and international obligations;

67.

Stresses that in order to combat gender-based violence effectively, a change of attitude towards women and girls is necessary; calls on the Member States to do more to combat gender-based stereotypes that reproduce and reinforce gender roles in the key areas in which such stereotypes are perpetuated; calls on the Commission to share the Member States’ best practices for addressing gender stereotypes at school; calls on the Member States to provide police, judicial staff and judges with the sensitivity training and any other form of specialised training they need to deal adequately with the issue of gender-based violence, in order to avoid further trauma and re-victimisation during criminal proceedings; calls on the Member States to assist authorities in identifying, in an effective way, the specific needs of, and to provide special protection services to, victims of gender-based violence, in line with the Victims’ Rights Directive;

68.

Urges the Member States to provide victims of gender-based violence with an adequate number of shelters, and with targeted and integrated support services, including trauma support and counselling; urges the Commission and the Member States to support the civil society organisations working with victims of gender-based violence in any way possible;

69.

Urges the Member States to address the situation of disabled women who are victims of domestic violence, as they often cannot escape from the abusive relationship;

70.

Expresses serious concern about continuing genital mutilation (FGM) practices, a serious form of violence against women and girls; calls on the Member States to raise the awareness of all those concerned and to focus on prevention in their anti-FGM policies; urges, furthermore, the Member States to cooperate fully with one another so as to improve data collection on, and understanding of, the phenomenon, in order to optimise the results of their efforts to protect women and girls from such mutilation;

71.

Strongly condemns the frequent acts of harassment and rape that occur in public places in the Union, and considers that every women and girl should feel safe from any form of sexual harassment in any public place; calls on the Member States to take measures to ensure that such acts are properly sanctioned, that the perpetrators are brought to justice and that protection is provided to victims; calls on the EU and the Member States to step up their efforts to protect women refugees and asylum seekers, who are particularly vulnerable to violence while on the move;

72.

Calls on the Member States to ensure gender equality at the workplace; regrets that women still suffer from discriminatory working conditions; highlights the low representation of women in science, technology and engineering, entrepreneurship and the decision-making process, in both the private and the public sector, and stresses that the gender pay gap is an inadmissible discrimination; calls on the Commission to step up efforts to increase the representation of women in political and economic spheres, to improve the collection of data on women’s participation and to address gender inequality in the media by promoting the exchange of best practices;

73.

Recalls, in this context, that equality between men and women can only be achieved through a fair redistribution of paid and unpaid work; recognises that upholding women and girls’ fundamental rights can be guaranteed through further economic, political and social empowerment, representation and inclusion; notes that, in recent years, anti-gender equality movements have emerged that challenge existing achievements in the area of women’s rights and gender equality;

74.

Recalls that poverty in old age is a particular concern in the case of women, owing to the continued gender pay gap and the resulting gender pension gap; calls on the Member States to draw up appropriate policies for supporting elderly women and to eliminate the structural causes of gender differences in compensation; underlines the crucial role of high-quality public services in combating poverty, especially female poverty;

75.

Points out that domestic workers are predominantly women, and calls on the Member States to speed up the process of ratifying and implementing the ILO Domestic Workers Convention, in the wake of Council Decision 2014/51/EU, as a key instrument for ensuring decent working conditions;

76.

Calls on the Commission to take measures meeting the needs of mothers and fathers with regard to types of leave, namely maternity, paternity, parental and carers’ leave; calls for concrete action to be taken to further strengthen parental leave rights; takes note of the proposal to introduce carers’ leave, as foreseen in the Commission Roadmap on a new start to address the challenges of work-life balance faced by working families; awaits further action by the Commission following the withdrawal of the Maternity Leave Proposal;

77.

Highlights the risks involved in the potential use of the internet, and of social media and other types of technology, to control, threaten and humiliate women, and stresses the importance of awareness-raising campaigns in this regard;

78.

Calls on the Commission, with a view to promoting gender equality in a more effective way, to introduce gender mainstreaming in all areas of policymaking, as well as in all proposed legislation, including by means of systematic gender impact assessments as part of the fundamental rights compliance assessment, and as an integrated criterion in dialogues with, inter alia, countries that are candidates for accession;

79.

Acknowledges that women’s sexual and reproductive health and rights are related to multiple human rights, including the right to life, the right to be free from torture, the right to health, the right to privacy, the right to education and the prohibition of discrimination; underlines that Member States are obliged to respect, protect and fulfil the sexual and reproductive health and rights of all women and girls, free of coercion, discrimination and violence; stresses, in this regard, that persons with disabilities are entitled to enjoy all their fundamental rights on an equal basis with others;

80.

Calls on the EU and the Member States to recognise the fundamental right to access to preventive health care; insists on the role of the Union in awareness-raising about, and in promoting best practices on, this issue, including in the context of the EU Health Strategy, while respecting the competences of Member States, given that health is a fundamental human right that is essential to the exercise of other human rights; recalls, in this regard, that coherence and consistency between the EU’s internal and external human rights policies are of great importance;

81.

Recognizes that denial of life-saving sexual and reproductive health services, including life-saving abortion, constitutes a serious breach of human rights;

82.

Condemns any form of commercial surrogate motherhood;

Children

83.

Notes with concern that child poverty rates remain high in the EU, and the number of minors living in poverty is increasing; reiterates that investing in the well-being of children, and in lifting them out of poverty, is not only a moral imperative, but a social and economic priority as well; encourages the Member States and the EU to launch programmes specifically targeting the well-being and healthy development of children; calls on the Member States to step up their efforts to tackle child poverty and social exclusion through effective implementation of the Commission’s Recommendation ‘Investing in children: breaking the cycle of disadvantage’, and through integrated strategies supporting access to adequate resources, enabling access to affordable quality services; calls on the Commission to take further measures to monitor the implementation of the Recommendation; calls for the establishment of policies and programmes aimed at combating the increasing educational poverty of minors, in order to pursue their social inclusion; calls on the Commission to consider launching a Child Guarantee to combat child poverty and social exclusion;

84.

Condemns any forms of discrimination against children, and welcomes the adoption by the Council of Europe of its Strategy for the Rights of the Child (2016-2021), which also focuses on the need to counter discrimination against children with disabilities, children affected by migration, Roma children and LGBTI children; calls on the Commission and the Member States to make a united action to eradicate discrimination against children; calls, in particular, on the Member States and the Commission explicitly to consider children as a priority when programming and implementing regional and cohesion policies, such as the European disability strategy, the EU framework for national Roma integration strategies and the EU’s equality and non-discrimination policy; reiterates the importance of protecting and promoting equal access to health care, dignified accommodation and education for Roma children;

85.

Urges all Member States to conduct public education and awareness raising campaigns that draw attention to children’s right to protection and promote positive, non-violent relationships with children;

86.

Condemns unequivocally all forms of violent and abusive child victimisation at all levels, from homes to schools, public places and juvenile detention centres; calls on the Member States to take appropriate measures to prevent and protect children from all forms of physical and psychological violence, including physical and sexual abuse, sexual exploitation, child labour, compulsory marriages, honour killings, female genital mutilation and recruitment as child soldiers; stresses the importance of including formal provisions to prohibit and sanction corporal punishment against children, and encourages the Commission to strengthen peer-learning between Member States on how best to address school bullying, taking into account vulnerable groups of children;

87.

Calls for a multi-stage system in child protection that fully respects each child’s fundamental rights based on his or her best interests; stresses that this system should not be designed to punish parents and care-givers, but to send a clear message that all forms of physical and emotional violence against children are unacceptable, and punishable by law, but in which the separation of the child from the family would be the very last resort; recalls that state care for children is always more costly than adequate and well-targeted support for families living in poverty; reiterates its call on the Commission to present a new European Strategy for the Rights of the Child;

88.

Calls for child-friendly juvenile justice systems in which children understand their rights and role when involved as victims, witnesses or alleged offenders; calls for the adoption of special measures in both criminal and civil proceedings to protect children from unnecessary stress, intimidation and repeated victimisation, taking into account Directive (EU) 2016/800 on procedural safeguards for children suspected or accused in criminal proceedings;

89.

Calls for the 116 emergency hotline to be accessible EU-wide 24/7 for children, and for the use of anonymised chat lines on the internet, as these are much more convenient for children in stress and should be set up as a unified system in the EU, using official and minority languages; calls on the Member States to support the European common number 116 111 dedicated to child helplines by strengthening hotline and chat line capacities and European networks, and by allocating sufficient funds;

90.

Highlights that child protection should be enhanced in the digital world in light of the increased instances of sexual exploitation whereby perpetrators use the internet to make contact, and calls for further cooperation between the public and private sectors in this regard, asking the latter in particular to take its shared responsibility, to refrain from aggressive advertising towards children and to protect them from misleading advertising; encourages those involved to follow good examples of prevention and complaint mechanisms in online social media and to implement these EU-wide; takes the view, furthermore, that children should be properly informed about the potential risks related to the internet, in particular when providing personal data online, for example by means of awareness raising campaigns and school programmes; stresses that online profiling of children should be prohibited; supports the efforts to ensure an ambitious and effective outcome of the reform of the Directive on Audiovisual Media Services, with particular reference to protecting children in the digital environment; calls on Member States to address cyber-bullying;

91.

Calls for an action plan to protect children’s rights online and offline in cyber space, and recalls that in fighting cybercrime, law enforcement authorities need to pay special attention to crimes against children; stresses, in this connection, the need to strengthen judicial and police cooperation among the Member States, and with Europol and its European Cybercrime Centre (EC3), with a view to preventing and combating cybercrime, and in particular the online sexual exploitation of children;

92.

Calls on the Member States to implement Directive 2011/93/EU on combating sexual abuse and sexual exploitation of children and child pornography; calls on the law-enforcement authorities, both at national and EU-level, to invest in new technologies to fight crimes in the dark web and the deep web; stresses that Eurojust and Europol must be given appropriate resources to improve the identification of victims, to fight organised networks of sexual abusers and to accelerate the detection, analysis and referral of child abuse material on- and offline;

93.

Believes that inclusion policies should have a strong focus on children, as children are the bridges of common understanding between cultures and societies;

94.

Recalling that, according to the Commission’s 2016 Report on the progress made in the fight against trafficking in human beings, at least 15 % of the registered victims were children, urges the Member States to take immediate action in response to Europol’s announcement that at least 10 000 unaccompanied refugee and migrant children went missing in the EU in 2015; calls on the Member States and the EU agencies to step up their cross-border cooperation, information exchanges and joint investigations in order to fight child trafficking and cross-border organised crime, sexual abuse and other forms of exploitation, and to protect children; calls on the Member States and the European agencies to expedite the appointment of qualified guardians to unaccompanied children and ensure that the best interest of the child is always taken into account; calls on the Member States to register and identify children in a child-friendly way, and to prevent their disappearance by ensuring that they enter the national child protection systems; recommends that existing tools for missing children be reinforced, including the European hotlines for missing children; calls on the Commission and the Member States to make full use of the FRA’s expertise when it comes to enhancing child protection and the protection of vulnerable people in the current migration situation, particularly at hotspots; recalls that children’s rights, and the best interest of the child, need to be taken into account and assessed in all EU policies and actions, including migration and asylum;

95.

Encourages the Member States to pay particular attention to programmes that focus on preventing young people from leaving school early and to test and share best practices in this area;

Rights of minorities

96.

Highlights the fact that minorities that for centuries have been living together with, or alongside, majority cultures in Europe still face discrimination in the EU; believes that the solution to this problem lies in the necessity of establishing minimum standards for the protection of the rights of minorities, and of providing education about cultural diversity and tolerance, as preserving Europe’s cultural heritage gives added value to diversity;

97.

Emphasises that minority communities have specific needs and that their full equality should be promoted in all areas of economic, social, political and cultural life; stresses that it is essential that the fundamental rights and freedoms of persons belonging to minorities are respected and promoted;

98.

Expresses its concern as these groups encounter obstacles in the enforcement of their rights to property, to access to justice and other public services, and to education, health and social services, as well as their cultural rights, all of which may be curtailed; urges the Member States to take action to prevent administrative and financial obstacles that could delay linguistic diversity at European and national level;

99.

Urges the Commission to establish a policy standard for the protection of minorities, as protection of these groups is part of the Copenhagen criteria, both for the candidate countries and for the Member States; calls on the Member States to ensure that their legal systems guarantee that persons belonging to a minority are not discriminated against, and to take and implement targeted protection measures based on relevant international norms;

100.

Urges the Member States to exchange good practice and to apply tried and tested solutions in addressing the problems of minorities throughout the European Union; points to the important role that regional and local authorities in the EU can play in protecting minorities, and considers that administrative reorganisation should not have a negative effect for them;

101.

Calls on the FRA to continue its reporting on discrimination based on membership to a minority and to continue to collect data in this regard;

102.

Encourages those Member States that have not yet done so to ratify without further delay the Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Languages; recalls as well the need to implement the principles developed in the framework of the OSCE;

103.

Urges the Member States to take into thorough consideration the minority rights perspective, to ensure the right to use a minority language and to protect linguistic diversity within the Union; calls on the Commission to strengthen its plan to promote the teaching and use of regional languages, as a potential way of tackling language discrimination in the EU;

104.

Calls on the EU to implement PACE resolution 1985 (2014) on the situation and rights of national minorities in Europe, fully respecting the principle of subsidiarity; stresses that all emergency hotlines and any official helplines operated in the Member States should be accessible not only in the country’s official languages but also in its minority languages and the main EU languages by redirecting calls;

Rights of people with disabilities

105.

Welcomes the concluding observations on the EU’s progress in implementing the UN Convention on the Rights of Persons with Disabilities (CRPD), and calls on the Commission and the Member States to use these recommendations as an opportunity to set a positive example by ensuring effective and thorough implementation as soon as possible;

106.

Stresses that persons with disabilities are entitled to enjoy their fundamental rights on an equal basis with others, including the rights to inalienable dignity, health and family, independent living, autonomy and full social integration, access to justice, goods and services as well as voting and consumer rights, in line with the CRPD; calls on the European Union and its Member States to take appropriate measures to ensure that all persons with disabilities can exercise all the rights enshrined in treaties and EU legislation; notes that a human rights-based approach to disability is not yet fully endorsed, resulting in discrimination against those with disabilities in the EU, and urges the EU and its Member States to intensify efforts to align their legal frameworks with CRPD requirements and to effectively include persons with disabilities in society;

107.

Calls on the Member States to adopt strategies to provide effective access to the labour market to persons living with disabilities; regrets the fact that some of the EU funds available for integrating people with disabilities are still not fully used for that purpose; calls on the Commission to monitor closely the utilisation of the funds and to take action where necessary;

108.

Recalls that persons with intellectual and psychosocial disabilities face particular barriers to the fulfilment of their fundamental rights, and calls on the Member States and regional and local authorities to strengthen efforts to promote their autonomy and inclusion on an equal basis with others;

109.

Notes that women and children with disabilities disproportionately experience a variety of human rights violations, including the denial of access to basic services such as education and healthcare or placement in institutions away from their families and communities, and are at a higher risk of becoming victims of violence, sexual abuse, exploitation and other forms of ill-treatment; highlights the need for comprehensive and gender-sensitive policy action by the EU, the Member States, and regional and local authorities to ensure the thorough implementation of the UN Convention on the Rights of the Child, in conjunction with the CRPD;

110.

Urges the EU and its Member States to develop support services for children with disabilities, and their families, in local communities, to promote deinstitutionalisation and to ensure an inclusive educational system for them;

111.

Urges Member States to ensure that the 112 emergency hotline is fully accessible for disabled persons and that awareness of it is raised through campaigns;

112.

Calls on the EU and the Member States, and on regional and local authorities, to step up the allocation of financial and human resources to the monitoring frameworks established under Article 33(2) of the CRPD so that they can carry out their functions, and to guarantee their independence by ensuring that their composition and operation take into account the Paris Principles on the functioning of national human rights institutions;

113.

Calls on the Member States, and on regional and local authorities, to ensure real participation and freedom of expression for persons with disabilities in public life; notes that such efforts should be supported by providing subtitling, sign language interpretation, documents written in Braille and easy-to-read formats; calls on the Member States to provide accessible solutions to refugees with disabilities; stresses the particular risks facing refugees, migrants and asylum seekers with disabilities, who lack access to information and communication in accessible formats, and who may be detained in conditions which do not provide appropriate support or reasonable accommodation;

Elderly people

114.

Notes that active ageing and inter-generational solidarity are important issues that can be strengthened through a human rights-based approach, as it represents one of the deepest economic and social transformation that developed countries are facing; calls on the Member States to incentivise increased and active participation of elderly people in the labour market through social and economic initiatives to combat social exclusion, and to guarantee them easy access to health services;

115.

Stresses that discrimination on the basis of age is highly prevalent in today’s societies and is often combined with other forms of discrimination, such as discrimination on the grounds of race or ethnicity, religion, disability, health or socio-economic conditions, gender identity or sexual orientation; calls on the Member States to implement actions aimed at reintegrating elderly people in community life in order to combat their isolation;

116.

Calls on the EU and the Member States to be actively involved in the UN Open-Ended Working Group on Ageing, and to step up their efforts to protect the rights of older people;

Roma rights

117.

Recalls that people belonging to the Roma minority are entitled to freedom of movement, and urges the Member States, and regional and local authorities, to safeguard it and not to plan settlement policies based on ethnic reasons; is concerned that people belonging to the Roma minority are disproportionately subjected to forced evictions in many Member States;

118.

Regrets that Roma people still face anti-Gypsyism, and systematic and institutional racism, and recalls that the discrimination of Roma in the areas of labour, housing, education, health, access to justice or any other domain is unacceptable and harmful to EU society; calls, therefore, on the Member States, and on regional and local authorities, in the light of the Commission’s Report on the implementation of the EU Framework for National Roma Integration Strategies 2015, to implement fully and rapidly their own national Roma strategies, and to put in place specific measures to fight racial discrimination against Roma in line with the Racial Equality Directive provisions and the ECHR, and to combat anti-Gypsyism in line with the Framework Decision on Racism and Xenophobia;

119.

Recalls the case law of the CJEU stating that the principle of equal treatment to which Directive 2000/43/EC refers applies to persons who, although not themselves a member of the race or ethnic group concerned, nevertheless suffer less favourable treatment or a particular disadvantage on one of those grounds;

120.

Calls on the Commission to mainstream the monitoring of discrimination practices in all areas, especially education, employment, housing and healthcare, paying special attention that all programmes are implemented in a way that reduces the gaps between Roma and non-Roma population; calls furthermore, on the Commission to take action against those Member States that promote or allow institutionalised discrimination and segregation;

121.

Condemns the practice of segregating Roma children in schools, which affects in an extremely negative way the later life perspectives of those children; supports the Commission’s action to challenge this practice by means of infringement procedures, and calls on the Member States to take effective steps to eliminate school segregation and to come up with plans for integration measures for Roma children;

122.

Calls on the Member States and the Commission to strengthen their strategies to promote the inclusion of Roma and poor communities by scaling them up, widening them to reach 80 million citizens; call also for the strengthening of the Commission’s Roma Task Force and the National Contact Points, for the development of regional and local contact points and Regional Roma Platforms, and for the development of an online policy forum in cooperation with the European Roma Platform; calls on the FRA to continue its data collection on the situation of Roma and to develop and propose a ‘dashboard’ of Roma inclusion indicators that would make it possible to track progress in that area; calls on the Member States to mark 2 August as the European Roma Holocaust Memorial Day;

LGBTI rights

123.

Condemns any discrimination or violence on the basis of sexual orientation and gender identity; encourages the Commission to come up with an agenda that ensures equal rights and opportunities for all citizens, while respecting the competences of Member States, and to monitor proper transposition and implementation of EU legislation relevant to LGBTI; welcomes, in that regard, the list of actions prepared by the Commission to advance LGBTI equality, including the Commission’s communication campaign to fight stereotypes and improve the social acceptance of LGBTI; urges the Commission and the Member States to work in close cooperation with civil society organisations working for the rights of LGBTI persons; notes that FRA’s fieldwork research shows that public officials see EU law and policy as major drivers supporting national efforts to promote LGBTI equality;

124.

Regrets the fact that LGBTI persons experience bullying and harassment that starts at school, and suffer discrimination in different aspects of their lives, including in the workplace; calls on the Member States to put special focus on homophobia in sports, on young LGBTI and on bullying at school; encourages the Member States to support trade union and employers’ organisations in their efforts to adopt diversity and non-discrimination policies with a focus on LGBTI people;

125.

Recalls the case-law of the ECtHR pertaining to LGBTI rights; welcomes the fact that a growing number of Member States have already taken steps contributing to promoting and protecting in a better way the rights of LGBTI people, and have adopted new legal gender recognition procedures with respect to fundamental rights of those persons; calls on the Commission and its agencies to collect data on human rights violations faced by LGBTI people and to share with the Member States best practices with regard to protecting their fundamental rights, and encourages the Member States to inform LGBTI people fully about their rights and to exchange best practices in this regard; condemns medical practices that violate fundamental rights of trans and intersex people;

126.

Notes that transgender people are still considered mentally ill in the majority of the Member States, and calls on the Member States to review national mental health catalogues and to develop alternative stigma-free access models ensuring that medically necessary treatment remains available for all trans people; notes that forced sterilisation is a violation of fundamental rights; welcomes the recent adoption by a number of Member States of new legal gender recognition procedures that are more respectful of the fundamental rights of trans people;

127.

Welcomes the initiative shown by the Commission in working towards depathologisation of transgender identities in the review of the World Health Organisation’s International Classification of Diseases (ICD); calls on the Commission to intensify efforts to prevent gender variance in childhood from becoming a new ICD diagnosis;

128.

Considers that the fundamental rights of LGBTI persons are more likely to be safeguarded if they have access to legal institutions such as cohabitation, registered partnership and marriage; welcomes the fact that 18 Member States currently offer these options, and calls on the other Member States to consider doing so;

129.

Calls on the Commission to bring forward a proposal for the full mutual recognition of the effects and free circulation of all civil status documents of all individuals, couples and families across the EU (including all such documents pertaining to marriage and registered partnerships, legal sex changes and adoption and birth certificates), including legal gender recognition, in order to reduce discriminatory legal and administrative barriers for citizens who exercise their right to free movement;

Citizenship

130.

Notes the rise in Euroscepticism, and in the expression of violent political views, with great concern, and urges, therefore, the EU and its Member States to strengthen the participation of citizens — especially young people and civil society organisations — in EU matters, so that Europeans can voice their concerns and express their opinions through democratic channels;

131.

Considers it necessary to reduce the administrative burden of participating in public life and to promote e-governance EU-wide, and calls for the effectiveness of mechanisms such as the Citizens’ Initiative to be strengthened;

132.

Encourages the development of e-consultations as a tool for direct participation of citizens, allowing knowledge of their expectations of the government and public administration to be gathered; deems it necessary to eliminate procedural and language barriers that discourage civic participation in the decision-making processes of public institutions at all levels of governance; emphasises the need for transparency not only in the decision-making processes of institutions, but also in the monitoring of how matters relating to services provided by public institutions are handled; emphasises the need to promote the provision of such services via accessible digital media; reiterates the importance of raising awareness about the Charter;

133.

Notes that civil society organisations, including volunteering, religious and youth work, play a key role in social and civic participation, and calls on the EU and the Member States, and on regional and local authorities, to support and to promote their work; calls on the Member States and on the EU to uphold the freedom of assembly and of association as part of the Charter;

134.

Believes that civic education and intercultural dialogue improves citizens’ understanding of the importance of social and political participation, while human rights education raises their awareness of their rights and teaches them respect for the rights of others; calls on the Member States to draw up national plans of action for fundamental rights education, including the EU’s contribution to the development of the fundamental rights framework, and to implement the Council of Europe Charter on Education for Democratic Citizenship and Human Rights Education; calls on regional and local authorities to take an active part in the aforementioned activities;

135.

Notes with concern that efforts are still needed to achieve the Europe 2020 strategy’s targets on poverty and social exclusion; calls on the Member States to find the right policies, including employment activation and access to high-quality services and education; urges the Commission and the Member States to ensure that their social and employment policies do not discriminate on the basis of size and composition of households;

Digital Rights

136.

Recalls that all persons have the right to privacy and the right to the protection of personal data concerning them, including the right of access to data which has been collected concerning them, and the right to have it rectified; emphasises the right of all persons to determine how their personal data are handled, in particular their exclusive right to determine the use and dissemination of their personal data; highlights that the Commission and the Member States should implement measures to enable every citizen to obtain referral of content potentially harmful to his/her dignity or reputation while respecting the freedom of expression and information, and in accordance with relevant legislation and case law; points out that, in the absence of a specific public interest, everyone has the right to decide which data may be made available, the right to have personal data erased and the right to be forgotten in accordance with EU and national legislation;

137.

Is concerned that citizens are not fully aware of their rights or of the channels of legal remedies available to them; considers it essential to familiarise the public, in particular children, with the importance of personal data protection, including in cyberspace, and the potential risks to which they are exposed, especially in the light of rapid technology developments and increasing cyber-attacks; calls on the Member States to expand their efforts as regards new-media literacy and to make that an integral component of school curricula; calls on the Member States to take measures to address cyber-bullying, in particular when it affects specific groups of children;

138.

Points out that all persons have the right to express and disseminate their opinions freely on the internet in line with relevant legislation and case-law; stresses that no one may be disadvantaged for not using digital services; calls on the Commission to follow up on the conclusions of the public consultation on the EU’s Audiovisual Media Services Directive, and to review the directive, including as regards issues pertaining to fundamental rights;

139.

Stresses the need to consider the impact that some new technologies — such as drones — can have on fundamental rights and, in particular, on the right to privacy; highlights as well the challenge presented by the implications of widespread internet use on fundamental rights, particularly as regards protecting personal data, combatting online harassment or trafficking in human beings, especially for sexual and labour exploitation;

140.

Stresses the need to respect the right to protection against poverty and social exclusion as stated in Article 30 of the European Social Charter; calls on all Member States to introduce support measures to provide their citizens with decent living conditions and to effectively combat unemployment, social exclusion, poverty and insufficient healthcare;

o

o o

141.

Instructs its President to forward this resolution to the Council, the Commission, the Parliaments and Governments of the Member States and the Parliamentary Assembly of the Council of Europe.

(1)  Texts adopted, P7_TA(2014)0126.

(2)  Texts adopted, P7_TA(2014)0105.

(3)  OJ L 180, 19.7.2000, p. 22.

(4)  OJ C 378, 24.12.2013, p. 1.

(5)  OJ L 132, 21.5.2016, p. 1.

(6)  OJ L 328, 6.12.2008, p. 55.

(7)  OJ L 303, 2.12.2000, p. 16.

(8)  OJ L 373, 21.12.2004, p. 37.

(9)  OJ L 204, 26.7.2006, p. 23.

(10)  OJ L 95, 15.4.2010, p. 1.

(11)  OJ L 101, 15.4.2011, p. 1.

(12)  OJ L 335, 17.12.2011, p. 1.

(13)  OJ L 315, 14.11.2012, p. 57.

(14)  OJ L 251, 16.9.2016, p. 1.

(15)  OJ L 180, 29.6.2013, p. 60.

(16)  Texts adopted, P7_TA(2013)0594.

(17)  Texts adopted, P7_TA(2014)0062.

(18)  OJ C 93, 9.3.2016, p. 165.

(19)  Texts adopted, P8_TA(2015)0286.

(20)  Texts adopted, P8_TA(2016)0102.

(21)  OJ C 124 E, 25.5.2006, p. 405.

(22)  OJ C 289, 9.8.2016, p. 57.

(23)  OJ C 93, 9.3.2016, p. 52.

(24)  OJ C 328, 6.9.2016, p. 4.

(25)  OJ C 55, 12.2.2016, p. 33.

(26)  Texts adopted, P8_TA(2016)0409.

(27)  OJ L 178, 17.7.2000, p. 1.

(28)  OJ C 51 E, 22.2.2013, p. 101.

(29)  Texts adopted, P7_TA(2014)0043.

(30)  This new type of trafficking has already been introduced by Parliament’s resolution of 10 March 2016 on the situation in Eritrea (Texts adopted, P8_TA(2016)0090).


6.7.2018   

EN

Official Journal of the European Union

C 238/28


P8_TA(2016)0486

A coherent EU policy for cultural and creative industries

European Parliament resolution of 13 December 2016 on a coherent EU policy for cultural and creative industries (2016/2072(INI))

(2018/C 238/02)

The European Parliament,

having regard to the Commission communication of 10 June 2016 on ‘A New Skills Agenda for Europe — Working together to strengthen human capital, employability and competitiveness’ (COM(2016)0381),

having regard to the Commission communication of 2 July 2014 entitled ‘Towards a thriving data-driven economy’ (COM(2014)0442),

having regard to the Commission communication of 22 January 2014 entitled ‘For a European Industrial Renaissance’ (COM(2014)0014),

having regard to the Commission communication of 9 January 2013 entitled ‘Entrepreneurship 2020 Action Plan — reigniting the entrepreneurial spirit in Europe’ (COM(2012)0795),

having regard to the Commission communication of 18 December 2012 on content in the Digital Single Market (COM(2012)0789),

having regard to the Commission communication of 26 September 2012 entitled ‘Promoting cultural and creative sectors for growth and jobs in the EU’ (COM(2012)0537),

having regard to the Commission Staff Working Document of 26 September 2012 entitled ‘Competitiveness of the European high-end industries’ (SWD(2012)0286),

having regard to the Commission communication of 30 June 2010 entitled ‘Europe, the world’s No 1 tourist destination — a new political framework for tourism in Europe’ (COM(2010)0352),

having regard to the Commission Green Paper of 27 April 2010 entitled ‘Unlocking the potential of cultural and creative industries’ (COM(2010)0183),

having regard to the Commission study of June 2015 entitled ‘Boosting the competitiveness of cultural and creative industries for growth and jobs’ (EASME/COSME/2015/003),

having regard to the Commission study of June 2009 on ‘The impact of culture on creativity’,

having regard to the Committee of the Regions communication of 30 May 2013 on promoting cultural and creative sectors,

having regard to the Opinion of the European Economic and Social Committee on ‘Creative and cultural industries — a European asset to be used in global competition’ (1),

having regard to Regulation (EU) 2015/1017 of the European Parliament and of the Council of 25 June 2015 on the European Fund for Strategic Investments, the European Investment Advisory Hub and the European Investment Project Portal and amending Regulations (EU) No 1291/2013 and (EU) No 1316/2013 — the European Fund for Strategic Investments (2),

having regard to Regulation (EU) No 1295/2013 of the European Parliament and of the Council of 11 December 2013 establishing the Creative Europe Programme (2014 to 2020) and repealing Decisions No 1718/2006/EC, No 1855/2006/EC and No 1041/2009/EC (3),

having regard to Regulation (EU) No 1291/2013 of the European Parliament and of the Council of 11 December 2013 establishing Horizon 2020 — the Framework Programme for Research and Innovation (2014-2020) and repealing Decision No 1982/2006/EC (4),

having regard to Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 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 and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 (5) (hereinafter ‘the Common Provisions Regulation’),

having regard to Regulation (EU) No 1301/2013 of the European Parliament and of the Council of 17 December 2013 on the European Regional Development Fund and on specific provisions concerning the Investment for growth and jobs goal and repealing Regulation (EC) No 1080/2006 (6),

having regard to Regulation (EU) No 1299/2013 of the European Parliament and of the Council of 17 December 2013 on specific provisions for the support from the European Regional Development Fund to the European territorial cooperation goal (7),

having regard to Regulation (EU) No 1287/2013 of the European Parliament and of the Council of 11 December 2013 establishing a Programme for the Competitiveness of Enterprises and small and medium-sized enterprises (COSME) (2014-2020) and repealing Decision No 1639/2006/EC (8),

having regard to the Council conclusions of 16 June 2016 on gender equality,

having regard to the Council conclusions of 27 May 2015 on cultural and creative crossovers to stimulate innovation, economic sustainability and social inclusion,

having regard to the Council conclusions of 10 December 2012 on the ‘Industrial Policy Communication update: A Stronger European Industry for Growth and Economic Recovery’,

having regard to the Council conclusions of 12 May 2009 on culture as a catalyst for creativity and innovation,

having regard to the joint communication by the Commission and the High Representative of the Union for Foreign Affairs and Security Policy of 8 June 2016 to the European Parliament and the Council entitled ‘Towards an EU strategy for international cultural relations’ (JOIN(2016)0029),

having regard to its resolution of 19 January 2016 entitled ‘Towards a Digital Single Market Act’ (9),

having regard to its resolution of 8 September 2015 entitled ‘Towards an integrated approach to cultural heritage for Europe’ (10),

having regard to its resolution of 12 September 2013 on promoting the European cultural and creative sectors as sources of economic growth and jobs (11),

having regard to its resolution of 23 October 2012 on Small and Medium Size Enterprises (SMEs): competitiveness and business opportunities (12),

having regard to its resolution of 12 May 2011 on the cultural dimensions of the EU’s external actions (13),

having regard to its resolution of 12 May 2011 on unlocking the potential of cultural and creative industries (14),

having regard to its resolution of 10 April 2008 on cultural industries in Europe (15),

having regard to its resolution of 7 June 2007 on the social status of artists (16),

having regard to the Convention on the Protection and Promotion of the Diversity of Cultural Expressions, adopted by the United Nations Educational, Scientific and Cultural Organisation (UNESCO) on 20 October 2005,

having regard to the OECD and EUIPO report of 18 April 2016 entitled ‘Trade in Counterfeit and Pirated Goods — Mapping the Economic Impact’ (17),

having regard to the UNESCO study entitled ‘Cultural times: The first global map of cultural and creative industries’ of December 2015;

having regard to the Working Group of EU Member States Experts report of November 2015 entitled ‘Towards more efficient financial ecosystems: innovative instruments to facilitate access to finance for the cultural and creative sectors’,

having regard to Articles 167 and 173 of the Treaty on the Functioning of the European Union,

having regard to Rule 52 of its Rules of Procedure,

having regard to the joint deliberations of the Committee on Industry, Research and Energy and the Committee on Culture and Education under Rule 55 of the Rules of Procedure,

having regard to the report of the Committee on Industry, Research and Energy and the Committee on Culture and Education and the opinion of the Committee on Legal Affairs (A8-0357/2016),

A.

whereas in its aforementioned communication entitled ‘Promoting cultural and creative sectors for growth and jobs in the EU’, the Commission recognises the key role of cultural and creative industries (CCIs) (18) for the social and economic development of the EU and its Member States;

B.

whereas the EU should boost and invest in new sources of smart, sustainable and inclusive growth; whereas, in this connection, it should unlock the potential that remains largely untapped in the creation of growth and jobs in the creative and cultural industries, because of their significant impact in areas such as new business models, creativity and innovation, digitisation and skills building;

C.

whereas CCIs have dual and intrinsic value since, through their direct links to artists and creators, they preserve and promote cultural and linguistic diversity, and strengthen European, national, regional and local identities, while sustaining social cohesion and contributing substantially, with various value creation models, to creativity, investment, innovation and employment and acting as a driver of sustainable economic growth in the EU and its Member States;

D.

whereas European culture and arts refer to 3 000 years of shared cultural heritage, transmit knowledge and values and contribute to safeguarding tangible and intangible evidence of the man-made and natural world for current and future generations;

E.

whereas cultural diplomacy, based on mutual respect for values and specificities, strengthens the bilateral and multilateral relations between European and third countries, builds bridges between societies through people-to-people contacts and cooperation in all cultural and creative domains, and contributes to better mutual understanding and common projects, while acting as a driver of economic and social growth;

F.

whereas CCIs contribute to Europe’s ‘soft power’ in their role as ambassadors of European values — such as culture, creativity, quality, excellence, craftsmanship — on the world stage;

G.

whereas cultural and creative industries are at the core of a dual and delicate ecosystem between large groups of internationally competitive and innovative SMEs, and start-ups, which constantly renew the area, preserve and promote diversity, create jobs, but are sometimes fragile, particularly in their access to markets and finance;

H.

whereas cultural and creative industries in Europe provide more than 12 million full-time jobs, which amounts to 7,5 % of the EU’s work force, creating approximately EUR 509 billion in value added to GDP (5,3 % of the EU’s total GVA); whereas, in specific regions, CCIs represent a significantly higher percentage of GDP and employ a higher percentage of the local workforce;

I.

whereas according to a study by the European Patent Office and the Office for Harmonisation in the Internal Market, intellectual property rights (IPR)-intensive industries generate over a quarter of employment and over a third of the economic activity in the EU;

J.

whereas almost 39 % of EU GDP is generated by IPR-intensive industries, with trademark-intensive industries generating 34 % of the total, design-intensive industries 13 %, patent-intensive industries 14 %, and copyright-intensive industries 4,2 % (19);

K.

whereas CCIs in the EU employ 2,5 times more people than automotive manufacturers and five times more than the chemical industry;

L.

whereas CCIs play an important role in creating vibrant and distinctive regions, which can help to improve the quality of life of citizens and be an important inward investment factor;

M.

whereas authors and performers are at the origin and the very source of CCIs;

N.

whereas employment in the cultural sector is unlikely to be offshored, as it is connected to specific cultural, often regional and historical competences; whereas CCIs contribute significantly and more than any other sector to youth employment and have proved to be most resilient during the post-2008 economic crisis; whereas employment in CCIs rose throughout the EU between 2008 and 2014; recognises the important role of the European Social Fund in promoting youth employment and skills development;

O.

whereas CCIs have attractive qualities from a local development perspective: they make use of a range of skills at a series of different levels, tend to be socially responsible and inclusive and generate positive externalities in the areas where they are located; whereas their openness and interaction with other activities give rise to agglomeration and cluster effects and they tend to generate a high proportion of total value added locally;

P.

whereas flexibility and mobility are indissociable in the context of professional artistic activity, and it is therefore important that the unpredictable and sometimes precarious nature of the artistic profession is offset by a guarantee of genuine social protection;

Q.

whereas the CCIs comprise a majority of small and micro-companies and whereas the cultural and creative sector (CCS) companies with fewer than 10 employees account for more than 95 % (20) of the workforce;

R.

whereas it is erroneously argued that there is a higher degree of risk involved in investing in CCIs compared with other types of business, and whereas that argument is based, inter alia, on the fact that CCIs are IPR-intensive and that there are difficulties involved in using intangible goods as guarantees for financing;

S.

whereas it is increasingly rare for cultural and creative artists to be in permanent employment; whereas they are, to an increasing extent, self-employed, alternating between self-employed and employed activity or engaged in part-time or irregular activity;

T.

whereas culture-based initiatives and industries have multiple roles to play in local and regional development, traditionally raising the attractiveness of regions, ensuring the socio-economic inclusion and development of rural and isolated areas, but also allowing for an integrated sustainable urban regeneration;

U.

whereas CCIs play a key role in reindustrialising Europe, are a driver for growth and are in a strategic position to trigger innovative spill-overs in other industrial sectors, such as tourism, retail, and digital technologies;

V.

whereas CCIs are a driving force for innovation and development of ICT in Europe; whereas the digital transformation of the industry offers new possibilities for the development of new business models and market expansion, but also poses challenges to the traditional sectors of the CCIs;

W.

whereas creative industries are amongst the most entrepreneurial sectors, developing transferable skills such as creative thinking, problem-solving, teamwork and resourcefulness;

X.

whereas industrial heritage tourism and industrial museums can offer new cultural and economic perspectives, above all to post-industrial regions, and keep traditional European know-how alive;

Y.

whereas, among the different sources of EU funding, only Creative Europe and the European Fund for Strategic Investment mention CCIs as a specific priority;

Z.

whereas with the entry into force of Commission Regulation (EU) No 651/2014 some measures in the sector of cultural heritage (notably restoration and preservation) and, in some cases, of the cultural activities supported by EU funds and additional regional funds could be considered as State aid, despite their local relevance and the non-economic nature and non-commercial organisation of the activities and cultural institutions concerned, resulting in considerable obstacles for the relevant regional authorities and in delays in implementing such measures;

AA.

whereas, in today’s converging and globalised market, innovative and research-driven European CCIs are vital for ensuring linguistic and cultural diversity, pluralism and the offer of innovative and high-quality services;

AB.

whereas, despite the fact that more cultural and creative content is being accessed and shared today than ever before, in particular on services such as user-uploaded content platforms and content aggregation services, and that distribution and production costs have fallen with technology developments, the cultural and creative sector has not seen a comparable increase in revenues from this increase in consumption, largely due to the lack of transparency in the value chain and of legal clarity and the difficulties experienced by traditional sectors in adapting to digital transformation;

AC.

whereas the Commission is urged to take the appropriate measures to facilitate the emergence of attractive legal offers and cross-border availability so as to reduce the value gap and ensure that authors, creators, performers and right holders receive fair remuneration for their works;

AD.

whereas CCIs are undergoing considerable modifications as a result of increased digital technologies giving rise to changes in the conditions of artistic production and influencing intellectual property law;

AE.

whereas CCIs remain undervalued and unrecognised, especially in terms of their ability to access start-up capital and financing;

AF.

whereas the latest study commissioned by the Commission (21) takes into account in its definition of CCIs the creativity-driven high-end industries; whereas fashion and high-end industries rely on a strong cultural and creative input, contribute to preserving the European centuries-old savoir faire and draw on a cultural heritage and traditions that cannot be replicated by others; whereas cooperation should be strengthened in order to take account of changes in employment and the need for specific skills;

AG.

whereas CCI national estimates are rarely comparable as Member States are still using different definitions of the CCIs; notes that such definitions also include broad categories of CCIs such as software, advertising and marketing, which are highly successful both in economic terms and as examples of European creativity and entrepreneurship;

AH.

whereas in 2013 international trade in counterfeit and pirated goods amounted to up to 2,5 % of world trade and up to 5 % of imports in the EU, which represents EUR 85 billion;

AI.

whereas in the industrial economy, investment was primarily focused on tangible goods, which were the main drivers of growth, while in today’s creative economy, intangible goods are the principal targets for investment, sources of value and drivers of growth; whereas the financing of CCIs should be seen in this context;

AJ.

whereas, even though the development of digital technology and infrastructure is a European policy priority, the dissemination of cultural and creative goods and services online through cultural institutions still needs to be improved;

AK.

whereas CCIs contribute to the maintenance and improvement of Europe’s immense cultural, historical, and architectural heritage; whereas the CCS is important for the development of cultural diplomacy, the tourism industry and the promotion of national and local cultures, driving towards progress and the development of cities and regions;

Definition and statistics

1.

Calls on the Commission to develop a comprehensive, coherent and long-term industrial policy framework for the CCS, and on the EU to include the development, effective promotion and protection and adequate funding of CCIs in its strategic goals and overall priorities, in order to boost their competitiveness and enable them to fulfil their potential in terms of creating quality jobs and growth;

2.

Calls on the Commission to design its future policies based on the following definition of CCIs: ‘cultural and creative industries are those industries that are based on cultural values, cultural diversity, individual and/or collective creativity, skills and talent with the potential to generate innovation, wealth and jobs through the creation of social and economic value, in particular from intellectual property; they include the following sectors relying on cultural and creative inputs: architecture, archives and libraries, artistic crafts, audiovisual (including film, television, software and video games, and multimedia and recorded music), cultural heritage, design, creativity-driven high-end industries and fashion, festivals, live music, performing arts, books and publishing (newspapers and magazines), radio and visual arts, and advertising’;

3.

Calls on the Commission — taking into account the fact that Member States are using national classification systems for the activities belonging to the culture and creative industries — to identify specific indicators in order to monitor and analyse the cultural, economic and societal impact and dynamics of its policies and regulatory proposals related to the CCS, and the role of this sector as a driver of innovation and growth in all other domains of activity in the EU and on connected third countries; underlines, therefore, the need for the Commission to identify alternative data sources with a view to complementing and improving official statistics; underlines that CCIs often have complex business models which can present a challenge to traditional forms of funding and that it is important to ensure that the positive effects of public investment are understood more clearly and to provide the levels of analysis required to attract more private investment; calls on the Commission, furthermore, to provide for a coordination effort in order to facilitate transnational synergies such as cooperation projects, mobility opportunities and joint ventures in the field;

4.

Stresses that the need for setting up statistical data on cultural and creative industries contributes also to the cultural policy debate, and encourages the Commission and Eurostat, in their endeavour to regularly analyse and measure the impact of cultural policies on the CCS as a whole, to include the CCS in their yearly statistics, based on an analysis of the value and spillovers created by the CCIs in the digital age and to publish a sectoral biennial report on the development of CCIs in Europe; highlights, in this context, the need to reinforce the role of Eurostat and of the Joint Research Centre;

Framework conditions and fostering innovation

5.

Calls on the Commission to introduce an umbrella scheme that bridges the gap between R&D, European creative content production and technological innovation in the media field and beyond; notes that such an umbrella scheme would foster the production of creative and competitive EU services, and commercial and employment opportunities, and enhance access to market for SMEs and start-ups, while nourishing a pluralistic and diverse European landscape built on strong synergies between CCIs and technological innovation, thereby strengthening the European Digital Single Market;

6.

Stresses that digital technology and infrastructure rely on the content provided by creators; notes that direct access to global audiences has led to new forms of artistic and creative content; calls, therefore, on the Commission, balancing the needs of all relevant actors, to establish an appropriate legal framework, including copyright, for the value chain in the digital age, which takes into account the specificities of the sector, enables further innovation, promotes transparent contractual relationships and leads to the establishment of the right to fair remuneration and legal protection for authors, creators and all parties involved in the creative process and their works, thus ensuring a thriving digital economy;

7.

Stresses the need to work together and the importance of constantly sharing knowledge and best practice between Member States seeking to support and stimulate the creative industry, and promote creativity and productivity at all levels;

8.

Considers that the protection of copyright and related rights are at the core of the CCI’s revenue; urges the Commission, in view of the ongoing copyright reform, to create balanced legal solutions that are adapted to the digital age, including in partnership with industry and consumer groups, which will support and meet the interests of SMEs, very small enterprises and micro-enterprises, creators, right holders, right users, freelancers and consumers alike in order to make it clear that liability exemptions can only apply to genuinely neutral and passive online service providers, as defined by the E-Commerce Directive and the case law of the CJEU, and not to services that play an active role in distributing, promoting and monetising content at the expense of creators; considers, given the borderless nature of the digital environment, that there is a need to ensure coherence between regulators, law enforcement agencies and the judicial system, within the EU;

9.

Highlights the fact that research into right holders and non-transparent rules on copyright represent administrative burdens entailing high costs and considerable effort, especially for SMEs working on a cross-border basis; recommends, therefore, that a common pan-European database be established, with all available information on right holders for each sector in order to facilitate rights clearance;

10.

Stresses that Directive 2014/26/EU has led to improvements in the rights clearance system of musical works in the online environment; asks the Commission also to improve good governance, efficiency, transparency and accountability of collective rights management organisations in other sectors;

11.

Highlights the fact that piracy and counterfeiting remain a serious concern for CCIs and citizens alike; stresses that these illicit activities cause serious income and job losses, and can result in safety and health concerns that need to be addressed; welcomes the industry’s involvement in finding solutions to tackle piracy and counterfeit and underlines the need to reinforce the fight against these illegal activities;

12.

Underlines the need to monitor and strengthen the application of existing enforcement rules across the EU; recommends considering the introduction of tougher sanctions and the promotion of a system of guarantees on traceability as a deterrent for counterfeiters — particularly large-scale commercial ones — as well as increasing the damages and compensation awarded to right holders; calls for the EU and the Member States to launch awareness-raising campaigns against piracy and counterfeiting, and to identify trends and target them more effectively, while encouraging right-holders and service providers to ensure that there are easy routes to accessing legal content in order to discourage piracy; stresses, finally, the need to involve all digital actors in the fight against online counterfeiting;

13.

Calls on the Commission to propose effective measures to fight online piracy, in particular to ensure that online services which host content apply effective means in order to remove unlicensed content from their services and to take action to prevent this content, once removed, from reappearing;

14.

Considers that it is essential to overcome silo thinking in traditional policy areas and to promote cultural and creative spillovers;

15.

Calls on the Commission and the Member States, in their respective spheres of competences, to promote cross-sectoral cooperation by establishing ‘learning labs’, creative hubs, co-working spaces, networking programmes and cultural and creative clusters and networks at regional, national, European and international level in order to foster interaction between micro-, small, medium and large enterprises and between non-profit organisations and commercial companies in the CCS, traditional craftsmanship, heritage organisations, tourism sector, research centres, universities, investors and policy makers; asks, moreover, for support for the development of an innovation friendly and supportive legal environment for the creation and experimentation of new business models, products and services through strategic partnerships between producers, distributors and promoters and for support for the activities of business incubators;

16.

Considers it essential for the EU and its Member States to maintain the possibility of preserving and developing their cultural and audiovisual policies, and to do so in the context of their existing laws, standards and agreements, including the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions; calls, therefore, for the exclusion of cultural and audiovisual services, including those provided online, to be clearly stated in agreements between the Union and third countries; emphasises, in this context, the need to keep cultural and audiovisual services outside the scope of the negotiating mandate for general free trade agreements, while pointing out that cultural and creative works have a dual and intrinsic value;

17.

Calls on the Commission to promote and support the creation, improvement and expansion of infrastructure which is key to supporting creative industries in Europe, particularly ensuring the expansion of high-speed broadband to rural and remote areas;

18.

Recognises that many cities and regions across Europe have developed substantial plans for their local CCIs; calls on the Commission to draw on best practice from these strategies;

19.

Calls on the Commission and the Member States to consider the European Year of Cultural Heritage 2018 as a major opportunity to enhance European excellence in CCIs and to stress the need for appropriate programming and financing;

20.

Calls for the European External Action Service to harness the potential of cultural diplomacy by promoting and improving the competitive strength of the European CCS;

Digitisation of the cultural and creative industries

21.

Stresses that cultural and creative industries (CCIs), the majority of which are made up of SMEs, operate in a constantly evolving environment, and as such are challenged to rethink and reshape new business models in order to develop market-driven solutions and attract new audiences; emphasises the opportunities that new ICTs such as big data, cloud computing, the Internet of things offer the economy and society, especially when integrated with sectors such as CCIs, and in particular regarding the distribution, exploitation and production of creative works; stresses, however that, in order for CCIs to fully seize the potential for growth and jobs of new technologies, the completion of the Digital Single Market must be a priority; stresses furthermore the need to improve legal certainty and reduce the administrative burden; calls on the Member States and the Commission to support the digitisation of cultural content; stresses, in this regard, that the Commission’s ‘Digitising the industry’ plan and the EU enforcement framework should fully take the specific features of CCIs into account;

22.

Considers that digital platforms are a means of providing wider access to cultural and creative works and offer great opportunities for the CCS to develop new business models; highlights the fact that consideration should be given to how this process can function with more legal certainty and respect for right holders; underlines the importance of transparency and of ensuring a fair level playing field; considers in this regard that protection of right holders within the copyright and intellectual property framework is necessary in order to ensure recognition of values and stimulation of innovation, creativity, investment and production of content;

23.

Stresses that digitisation and media convergence create new opportunities for access, distribution and promotion of European works and emphasises the importance of guaranteeing funding for the digitisation, preservation and online availability of European cultural heritage;

Working conditions in the cultural and creative sector

24.

Points out that the atypical employment (part-time and fixed-duration contracts, temporary work and economically dependent self-employment) of cultural and creative workers, specifically in the media and culture sector, is commonplace; underlines the need to remove obstacles to mobility of artists and culture professionals and supports the European Economic and Social Committee’s request to the Commission to provide an appropriate solution to improve mobility within the EU for CCI workers and ease visa procedures for exchanges with third countries;

25.

Calls on the Member States to develop or implement a legal and institutional framework for creative artistic activity through the adoption or application of a number of coherent and comprehensive measures with respect to contracts, means of collective representation, social security, sickness insurance, direct and indirect taxation and compliance with European rules, in order to improve the mobility of artists across the EU;

26.

Notes the high proportion of women in the creative industries and in particular the situation of mothers who are self-employed or returning to work (‘mompreneurs’);

27.

Points to the existing average EU gender pay gap (16,1 % in 2014) and pension gap (40,2 %), and stresses that women face the same barriers in the cultural and creative industries as in other economic sectors, in particular as regards gender pay and pension gaps, access to finance, stereotypes, training and lifelong learning;

Education, skills, training

28.

Stresses that the creative drive is present in every human being and that creative skills should be developed from an early age in order to lay the foundations for the continuous renewal of creative talents; notes nevertheless that these skills can be encouraged at all stages in life, notably through accessible lifelong learning programmes; encourages the Member States to foster greater knowledge of the CCIs in education and training programmes, to develop the teaching of media literacy and digital skills and to improve their training, learning and qualification systems, enabling students of all ages to acquire comprehensive training in creative arts disciplines;

29.

Draws attention to the lack of cross-cutting — and in particular entrepreneurial — skills among graduates in cultural and arts disciplines, as well as to their insufficient knowledge of copyright laws and the means of protecting such rights; considers it important, therefore, to encourage the Members States and educational institutions to address this gap by adjusting teaching programmes, in order to provide continuous professional training and better integrate creative and entrepreneurial education and thus strengthen the business, financial, marketing and management skills of creative entrepreneurs;

30.

Calls on the Member States to increase support for teachers to enable them to develop the creative and innovative capabilities of young people, by modernising teaching processes and by including media literacy, art, music, theatre and film in education and training programmes; urges the Member States to develop knowledge of cultural heritage, artistic practices and expressions, and soft skills geared to creativity and innovation; calls also on the Member States to support cooperation between schools, with a view to exchanging the most effective methods and practices as regards stimulating creativity and innovation, thus helping people to value creative industries products and services;

31.

Recalls that partnerships with education can also contribute to a stimulating learning environment and to the integration of disadvantaged and marginalised communities, and offer opportunities for people in deprived neighbourhoods;

32.

Highlights the potential of CCIs regarding youth employment and reindustrialisation and in particular the growing opportunities in the cultural and creative sector created by the digital environment for young people; calls on the Commission and the Member States to include the CCIs in the Youth Employment Initiative and to provide funds to facilitate careers, entrepreneurship and training in this sector by creating apprenticeship schemes, and facilitating mobility and exchange through mentorship and traineeship programmes; calls for a more effective use to be made of the resources provided for under the Youth Guarantee scheme;

33.

Recalls that one of the main challenges faced by the cultural heritage sector is the gradual extinction of traditional skills and crafts; calls on the Commission and the Member States to secure the preservation of heritage, cultural and linguistic diversity, traditional skills and European national, regional and local savoir-faire and to safeguard and promote the craft trades linked to the CCS, encourage and facilitate transmission of know-how and place a stronger focus on vocational training and a highly skilled workforce in order to attract talent, including excellence in craftsmanship in the construction sector and in conservation and restoration work; underlines, to this end, that strong strategic links must be cultivated between cultural policy and the social and productive resources;

34.

Calls on the Commission to raise awareness about career opportunities in artisanal and manufacturing jobs linked to the CCS through awareness campaigns and policies promoting the transmission of knowledge in order to preserve craftsmanship and expert skills in these sectors;

35.

Encourages the Member States to follow up on Erasmus+ incentives in order to promote cross-sectoral approaches between different areas in formal, non-formal and informal education, training and lifelong learning; encourages higher and professional education establishments to cross programmes between arts and culture, science, engineering, technology, business and other relevant fields; calls, in particular, for steps to be taken to close the gap between STEM and ICT and arts and design subjects in order to support the development of technical careers in the creative industries and creative careers in the STEM sector, which are vital for the growth of Europe’s CCS; stresses the need to support centres of excellence and promote exchanges among professions in the sector, including in third countries, and to attract and develop creative talent;

36.

Encourages the Member States to promote cooperation between artistic schools, VET providers, universities and businesses in the CCS, including through artist residencies in business settings and educational establishments, in order to ensure a better match between the supply of skills and the demands of the labour market and boost the sector’s competitive potential; recommends the development of work-learn trajectories such as dual education schemes;

37.

Recommends the design and adoption of policies aimed at increasing the level of cultural participation among EU citizens, which in many Member States is still critically low; stresses that this would lead to benefits both in terms of fostering more creative talents and securing a larger and stronger demand base for EU cultural and creative products;

38.

Calls for the creation of a ‘European award for creative and cultural industries’ designed along the same lines as the ‘Franco-German Prize for Creative and Cultural Industries’;

39.

Underlines the huge potential of women as innovators and entrepreneurs and the important role they play in the cultural and creative industries; encourages the Member States to offer appropriate financial support and training and highlights the importance of networking and sharing best practices;

40.

Calls for the possibility of mobility programmes for ‘young innovators’ to be explored in order to promote exchanges and innovation in the field of culture and creation;

41.

Notes the Commission communication entitled ‘A new skills agenda for Europe: Working together to strengthen human capital, employability and competitiveness’ and shares the view that ‘in a fast-changing global economy, skills will to a great extent determine competitiveness and the capacity to drive innovation’ that ‘they are a pull factor for investment and a catalyst in the virtuous circle of job creation and growth’ and that ‘they are key to social cohesion’; considers it necessary to pay special attention to creative skills in the revision of the Key Competences Framework and the European Qualifications Framework;

42.

Encourages the Member States to undertake initiatives such as the ‘cultural bonus’ launched by the Italian Government and endowed with EUR 500, made available to all 18-year-olds legally resident in Italy, and to be spent only on ‘culturally enriching activities’ such as museums, galleries, archaeological and heritage sites, books and films;

Financing

43.

Points out that the cultural and creative industries benefit considerably from public funding for culture, which also contributes significantly to cultural diversity in the European Union; urges the Commission and Member States therefore, within their respective spheres of competence, to continue a earmark an adequate share of their budgets for public funding for culture;

44.

Stresses the need to strengthen government policies in support of the CCS and improve culture budgets; points out that public funding has suffered severe budget cuts in the Member States, posing a serious threat to European cultural and creative work;

45.

Notes the success of tax relief schemes for the cultural and creative sector existing in certain Member States; encourages all Member States, therefore, to introduce such schemes, all the while condemning special tax arrangements — known as ‘tax rulings’ — that have allowed some companies to unduly reduce the payment of taxes to a minimum;

46.

Notes that participation in all EU-funded programmes is open to CCIs, but that this participation is to be considered below its potential; asks the Commission as a first step to create a one stop shop — e.g. a website — where the different DGs concerned would interact closely in order to highlight different funding opportunities for CCIs, disseminate information through pan-European cultural and creative networks and national organisations, collect and promote best practice examples, and increase the knowledge among financial investors and institutions regarding the specificities and different challenges of the CCIs as this would increase awareness and accessibility of funding for CCIs;

47.

Calls on the Commission to work on mainstreaming EU support for cultural and creative industries, including funding, through the adoption of an overarching and transversal EU strategy; stresses, however, the importance of being aware of the diverse nature of CCIs and, accordingly, of their specific sectoral needs in terms of funding and innovation environments, and therefore of specific implementation plans, such as a joint framework scheme between Horizon 2020 and Creative Europe; recognises the multiplier effect which EU funding has for CCIs, particularly in specific regions;

48.

Recognises the important role played by not-for-profit, cooperative and social enterprises in the CCIs and, therefore, calls for any distinction in EU structural and social funding, which could limit the eligibility of these structures, to be avoided;

49.

Notes that the mid-term review of the MFF and the implementation reports of EU programmes should be regarded as two interconnected parts of the same process; notes that, particularly in the case of Creative Europe, Horizon 2020 and the Structural Funds (ERDF and ESF), the role and impact of CCIs on growth, employment and territorial cohesion should be specifically evaluated and further promoted; stresses that this process should provide a solid and coherent basis for the revision of the MFF and the future EU programme’s architecture post 2020;

50.

Calls on the Commission to comply with Article 167(4) of the Treaty on the Functioning of the European Union and establish the CCIs, as part of the CCS, as a horizontal priority within EU funding schemes and programmes, particularly in Horizon 2020, EaSI and the ESIFs;

51.

Calls on the Commission to fully exploit potential synergies existing between EU policies, so as to effectively use the funding available under EU programmes — such as Horizon 2020, the Connecting Europe Facility, Erasmus+, EaSI, Creative Europe and COSME — and the European Structural and Investment Funds (ESIFs) to support more projects in the field of CCIs;

52.

Points out that much more can still be done to bring about the more effective interaction between the European Structural and Investment Funds (ESIFs) and other European programmes outlined for the 2014-2020 programming period, with specific reference to Erasmus+ and Creative Europe, in points 4.6 and 6.4 of Annex I to the Common Provisions Regulation, through the provision of better information on an EU-wide basis and by means of much more resolute implementation in the Member States and their regions;

53.

Calls on the Commission to modify and/or interpret the part of Commission Regulation (EU) No 651/2014 concerning state aid for culture and preservation of cultural heritage, in the light of recital 72 of the Regulation and of the Commission communication of 19 May 2016, so that certain measures in the cultural heritage sector (notably restoration and preservation) and, in some cases, of the cultural activities supported by EU funds and additional regional funds, do not come under the concept of state aid;

54.

Notes that the Guarantee Facility within Creative Europe is one of the ways to address the pressing need for accessing loan financing for innovative and sustainable projects in the CCS; recalls the delay in the launch of the Guarantee Facility; stresses the need to increase the budget of Creative Europe and the Guarantee Facility in order to effectively support European cultural and creative expressions, diversify the beneficiaries of funding, guarantee equal access to and improve participation of cultural operators from all Member States to the Guarantee Facility;

55.

Notes that the EFSI should help SMEs to overcome capital shortages and typically target projects with a higher risk profile than projects supported by EIB normal operations (22); notes that, as of September 2016, funding had been granted only for a few projects in the CCS — which mainly consists of SMEs with a higher degree of risk — and in the education or training sector, and stresses that every effort should be made to improve their participation in the EFSI;

56.

Calls on the EIB to address the lack of EFSI funding to CCIs by investigating possible interaction with Creative Europe and the Guarantee Facility in order to provide fit-for-purpose loans for CCIs;

57.

Calls on the Commission, the Member States and the EIB to support mixed methods of funding, especially in the form of public-private partnerships, in order to address and rectify the lack of availability of equity finance for CCIs;

58.

Calls on the Commission and the Member States to improve the investment environment and broaden the range of financing instruments available to micro-enterprises and SMEs in the cultural and creative sector with new and innovative financing schemes such as microcredit, repayable contributions, crowdfunding, risk capital finance, seed funding and venture capital; notes that different models of crowdfunding and crowd-investment for CCIs can become a solid tool for the financing of cultural and creative projects and, as such, a welcome addition to traditional sources of financial support for CCIs as a whole; calls therefore on the Commission and the Member States to continue monitoring and promote the development of the crowdfunding market, to engage public institutions, to make better use of the possibilities of institutional crowdfunding, to coordinate the different regulatory approaches, to ensure appropriate clarity on the application of EU rules, to develop best practice and to improve the regulatory framework by removing burdens and/or coming up with a new regulatory instrument, if necessary; points out nevertheless that this cannot replace sustainable public and private funding for CCIs;

59.

Considers it necessary to improve the role which public investment banks play in the CCS by giving SMEs improved access to credit and helping enterprises to expand their market and export activities;

60.

Considers that in order to improve access to finance in the CCIs it is necessary to develop expertise in identifying and assessing the value of intangible assets, which could be used as collaterals; stresses the need to increase knowledge among financial investors and institutions regarding the specificities and different challenges of the CCIs, considered as presenting a higher degree of risk; welcomes, in this connection, the inclusion by the Commission of a training scheme for financial intermediaries within the Guarantee Facility of Creative Europe, as this may also improve the ability of CCIs to approach and convince external investors; considers it useful, nonetheless, to assert the success of this scheme and, pending a positive evaluation, to extend it to various policy areas;

61.

Calls, to this end, for the promotion of ‘intellectual property asset protocols’ facilitating the valuation of intellectual property rights (IPRs), and invites the Commission and the Member States to adopt the necessary mechanisms in order to increase the bankability of IPRs and the recognition of their full value as assets;

o

o o

62.

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

(1)  OJ C 13, 15.1.2016, p. 83.

(2)  OJ L 169, 1.7.2015, p. 1.

(3)  OJ L 347, 20.12.2013, p. 221.

(4)  OJ L 347, 20.12.2013, p. 104.

(5)  OJ L 347, 20.12.2013, p. 320.

(6)  OJ L 347, 20.12.2013, p. 289.

(7)  OJ L 347, 20.12.2013, p. 259.

(8)  OJ L 347, 20.12.2013, p. 33.

(9)  Texts adopted, P8_TA(2016)0009.

(10)  Texts adopted, P8_TA(2015)0293.

(11)  OJ C 93, 9.3.2016, p. 95.

(12)  OJ C 68 E, 7.3.2014, p. 40.

(13)  OJ C 377 E, 7.12.2012, p. 135.

(14)  OJ C 377 E, 7.12.2012, p. 142.

(15)  OJ C 247 E, 15.10.2009, p. 25.

(16)  OJ C 125 E, 22.5.2008, p. 223.

(17)  OECD/EUIPO (2016), Trade in Counterfeit and Pirated Good: Mapping the Economic Impact, OECD Publishing, Paris.

(18)  Referred to in the Commission communication as: architecture, archives and libraries, artistic crafts, audiovisual (including film, television, video games and multimedia), cultural heritage, design (including fashion design), festivals, music, performing and visual arts, publishing and radio.

(19)  Industry-Level Analysis Report (2013), Intellectual property rights intensive industries: contribution to economic performance and employment in the European Union, p. 8 https://euipo.europa.eu/ohimportal/documents/11370/80606/IP+Contribution+study

(20)  European Commission study EASME/COSME/2015/003.

(21)  Study reference to be completed once published. Please note that all figures mentioned in this resolution are based on this study.

(22)  Regulation (EU) 2015/1017.


6.7.2018   

EN

Official Journal of the European Union

C 238/42


P8_TA(2016)0487

Rights of Women in the Eastern Partnership States

European Parliament resolution of 13 December 2016 on rights of women in the Eastern Partnership States (2016/2060(INI))

(2018/C 238/03)

The European Parliament,

having regard to Articles 2 and 3(3) of the Treaty on European Union (TEU), which establish gender equality as one of the main principles on which the EU is founded,

having regard to the United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) of 18 December 1979,

having regard to the UN Beijing Platform for Action (1995) for equality, development and peace,

having regard to UN Security Council Resolutions 1820 (2008), 1325 (2000) and, most recently, 2242 (2015) on Women, Peace and Security,

having regard to the Beijing Declaration and Platform for Action of September 1995, and the International Conference on Population and Development Programme of Action (Cairo Conference) of September 1994, as well as the outcomes of their review conferences,

having regard to the Joint Communication by the Commission and the High Representative of the Union for Foreign Affairs and Security Policy to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 18 November 2015 on the Review of the European Neighbourhood Policy (ENP) (SWD(2015)0500),

having regard to the Council conclusions of 18 February 2008 on the European Neighbourhood Policy, of 20 April 2015 on the review of the European Neighbourhood Policy and of 14 December 2015 on the Review of the European Neighbourhood Policy,

having regard to the Joint Declaration of the Prague Eastern Partnership Summit of 7 May 2009,

having regard to the Joint Declaration of the Vilnius Eastern Partnership Summit of 28-29 November 2013 entitled ‘Eastern Partnership: the way ahead’,

having regard to the Joint Declaration of the Riga Eastern Partnership Summit of 21-22 May 2015,

having regard to the Association Agreements / Deep and Comprehensive Free Trade Areas (AAs/DCFTAs) between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, Moldova and Ukraine, of the other part,

having regard to Regulation (EU) No 232/2014 of the European Parliament and of the Council of 11 March 2014 establishing a European Neighbourhood Instrument (1) (ENI),

having regard to the Council Conclusions of 20 July 2015 on the Action Plan on Human Rights and Democracy 2015-2019,

having regard to the Council Conclusions of 26 October 2015 on the Gender Action Plan 2016-2020,

having regard to the Joint Staff Working Document of the Commission and the High Representative of the Union of 21 September 2015‘Gender Equality and Women’s Empowerment: Transforming the Lives of Girls and Women through EU External Relations 2016-2020’,

having regard to its resolution of 21 January 2016 on Association Agreements / Deep and Comprehensive Free Trade Areas with Georgia, Moldova and Ukraine (2),

having regard to its resolution of 17 December 2015 on the Annual Report on Human Rights and Democracy in the World 2014 and the European Union’s policy on the matter (3),

having regard to its resolution of 8 October 2015 on the renewal of the EU Plan of Action on Gender Equality and Women’s Empowerment in Development (4),

having regard to its resolution of 8 October 2013 on Gendercide: the missing women? (5),

having regard to its previous resolutions and to its recent resolution of 9 July 2015 on the review of the European Neighbourhood Policy (6),

having regard to the Council of Europe Project on Improving Women’s Access to Justice in Five Eastern Partnership Countries,

having regard to the Istanbul Convention of the Council of Europe of 2011,

having regard to the OECD’s Istanbul Anti-corruption Action Plan country reports and progress reports for the Eastern Partnership (EaP) countries,

having regard to the International Labour Organisation gender equality conventions, namely the Equal Remuneration Convention (No 100) of 1951, the Discrimination (Employment and Occupation) Convention (No 111) of 1958, the Workers with Family Responsibilities Convention (No 156) of 1981 and the Maternity Protection Convention (No 183) of 2000,

having regard to Rule 52 of its Rules of Procedure,

having regard to the report of the Committee on Women’s Rights and Gender Equality and the opinion of the Committee on Foreign Affairs (A8-0365/2016),

A.

whereas, according to the Prague Declaration, the Partnership is based on commitments to the principles of international law and to fundamental values, including democracy, the rule of law and respect for human rights and fundamental freedoms; whereas the Riga Declaration referred to gender equality as a ‘promising new area of cooperation’;

B.

whereas enhanced differentiation between, and greater ownership by, partner countries are key principles for the reviewed ENP, taking into account the specific situation of each country;

C.

whereas gender equality between women and men is enshrined in the constitutions and legal systems of all the EaP countries, and all the countries have ratified most of the important international conventions in this area without reservations; deploring the fact that women are still subject to social discrimination in the EaP countries;

D.

whereas all the EaP countries have developed strategies, programmes or action plans to improve the situation of women;

E.

whereas in the EaP States, only 17 of 136 senior ministerial positions were held by women in 2015, on average women constituted 16 % of the elected Members of Parliament, and on average women accounted for only 17 % of the highest-ranking civil service positions; whereas only three political parties in the whole region were led by women;

F.

whereas vertical and horizontal segregation of women’s employment in the labour markets of the EaP States remains deeply entrenched in their cultural and social norms; whereas women are also burdened by the ‘second shift’ of unpaid domestic work;

G.

whereas stereotypes widely conveyed by society leave women in a subordinate role; whereas these stereotypes start to develop during childhood, are reflected in educational and training choices and continue into the labour market;

H.

whereas many women in rural areas lacking other possibilities tend to accept low-paid jobs in agriculture, often without official registration and without any social security rights; whereas eradicating inequalities between men and women in agriculture could help ensure equal access to employment for men and women, as well as equal pay for work of equal value;

I.

whereas women and men in EaP countries often face difficulties in accessing sexual and reproductive health services and rights (SRHR), and serious barriers still exist for poor women, migrants, ethnic minorities and those who live in rural areas; whereas fewer than 50 per cent of women in EaP countries use modern methods of contraceptive, and in some countries even fewer than 20 per cent, the main reasons being poor counselling, high costs, and lack of choice and unreliable supply of contraceptives;

J.

whereas serious shortcomings in access to justice for women victims of gender-based violence persist, in particular an absence of criminalisation of all forms of violence against women, severe under-reporting of such crimes, very few convictions for rape, and very little or no state funding for support services;

K.

whereas while significant differences exist between the EaP countries concerning the prevalence of violence against women and the acceptance of such violence, the rate is relatively high — the lifetime prevalence of physical violence is over 20 % in four of the six countries; whereas there are not enough comparable data to determine the prevalence of workplace physical, sexual and psychological violence, also very probably due to under-reporting; whereas the risk of violence is much higher for women belonging to ethnic minorities, such as the Roma;

L.

whereas the countries of the Eastern Partnership continue to be countries of origin, and in some cases transit and destination countries, for trafficking in human beings involving women and young girls, including for sexual exploitation;

M.

whereas protracted conflicts continue to hamper development in the region, with profound effect on the lives and human rights of the people affected, including women and girls;

N.

whereas the ongoing conflict in eastern Ukraine has deepened gender stereotypes that emphasise men as protectors and women as caring supporters, and limited women’s engagement and involvement in conflict resolution;

O.

whereas in Ukraine more than 1,5 million people — two thirds of them women and children — have been internally displaced since the conflict and suffer from impeded access to healthcare, housing and employment;

P.

whereas Roma girls in Moldova spend on average less than four years in school, compared to 11 years for non-Roma girls, as a result of child and early marriages, unplanned pregnancies and childcare responsibilities;

Q.

whereas the EU and its Member States are committed to the protection, fulfilment and enjoyment of human rights by women and girls and strongly promote them in all their external relations, including those that go beyond development cooperation;

R.

whereas gender equality remains a horizontal priority within the European Neighbourhood Policy (ENP) and the European Neighbourhood Instrument (ENI), and whereas the reviewed ENP should include enhanced support for civil society and a renewed focus on the importance of gender equality; whereas civil society plays a very important role in achieving gender equality in the Eastern Partnership;

S.

whereas several EU programmes are open to EaP partner countries, such as Erasmus+, Cosme, Creative Europe and Horizon 2020;

T.

whereas prenatal care and skilled birth attendance at delivery, with backup emergency obstetric care and essential supplies in place are crucial in reducing maternal mortality; whereas EaP countries are still lagging behind in reaching all women, especially those in the poorest, most remote areas and those belonging to marginalised groups such as national minorities, migrants and women with disabilities;

1.

Considers the situation in the area of women’s rights in the EaP countries to be in need of improvement; points out that profound economic changes and economic uncertainty have had a negative effect on the economic situation of women, leading to shortcomings in their de facto equality;

2.

Points out that overall political stability and respect for human rights are generally a necessary precondition for enhancing women’s rights and improving their situation in the countries concerned;

3.

Expresses the need for the EaP countries to take immediate action to increase equality between women and men in society, including adoption of national action plans and cooperation with international organisations and civil society stakeholders;

4.

Calls on the EaP countries to overcome gaps in their anti-discrimination frameworks, and for greater use of legislation against discrimination on the grounds of sex, including greater use of international standards in judicial decisions, in order to increase the enforceability of laws, and for an end to violations of women’s rights in these countries;

5.

Notes that in some EaP countries, the situation of LGBTI individuals is still precarious and alarming, despite the decriminalisation of homosexuality; condemns in the strongest terms all forms of discrimination and violence against LGBTI people, and calls on the national authorities to adopt policies to combat all forms of discrimination based on sexual orientation;

6.

Stresses the need for public awareness campaigns and institutional changes targeting the elimination of grave stereotypes concerning women, which negatively affect all areas of women’s participation in society;

7.

Calls on the national authorities to be vigilant and firm and to impose penalties on people who insult or stigmatise LGBTI people, especially in public service and public space;

Participation of women in decision-making processes

8.

Deplores the fact that women are significantly and noticeably absent from the structures of power in the EaP States;

9.

Points out persisting discriminatory practices on the political scene of the EaP countries, where, even if women succeed in achieving high-level political and decision-making positions, their capabilities and skills continue to be questioned;

10.

Calls for equal access to power and representation of women at all levels of government and decision-making, in order to support their leadership role; acknowledges the essential role of civil society organisations and international NGOs in boosting positive reforms and measures to protect women’s rights and improve their participation in political and economic activities; encourages exchanges of best practice on the promotion of women’s political participation in decentralised institutions and local authorities; highlights the fact that sustainable results are best achieved when led by political parties, and therefore underlines the key role of European political parties and their women’s sections;

11.

Calls on the EaP States to promote and strengthen political participation and leadership by women; emphasises that increased participation of women in administrations leading key reforms, such as anti-corruption and economic reforms, would be beneficial; welcomes all efforts aimed at reaching this goal, such as obligatory quotas for the lists of candidates, grants, training and support provided to female politicians and activists, mentoring programmes and awareness-raising campaigns to change the image of women in the media;

12.

Underlines the positive role that the Euronest Parliamentary Assembly can play in promoting women’s political participation and their visibility in the Eastern Partnership; welcomes the first meeting of the Euronest Women’s Forum, which took place in March 2016; also encourages, more generally, the creation, and support of by the EU, of transnational networks of women in politics;

13.

Strongly supports women’s participation and role in governmental and non-governmental anti-corruption organisations, actions and programmes and in the fight against corruption; takes the view that, in general, an increase in women’s participation in the political life and senior administration of EaP countries would contribute to a renewal of the political class and thus to the ongoing political transitions;

14.

Recalls that EU Electoral Observation Missions and other international electoral observation missions provide, in their reports, recommendations regarding women’s participation in the electoral process; calls on the EU to make full use of these recommendations in the framework of the European Neighbourhood Policy;

Economic participation of women

15.

Notes that, overall, women are integrated to a relatively high extent in the labour force in the EaP countries, but that their economic participation has been declining in the recent past;

16.

Notes that gender stereotypes and discrimination against women prevent greater inclusion of women in the labour market and are at the root of additional barriers to female entrepreneurship activities;

17.

Deplores the fact that women are employed to a much greater extent in services and state sectors with significantly lower wages than in the sectors employing a majority of males, that the gender pay gap remains high and can be as much as 50 %, and that women encounter cultural and sociological barriers in their access to managerial positions, as is also often the case in the EU;

18.

Regrets the fact that women are predominantly active in low-paying sectors despite their higher levels of education in all EaP countries; calls for women’s involvement in decision-making and the process of implementing economic policies, for the promotion of business programmes for the integration and promotion of women in companies and enterprises, and for the implementation of local development projects aimed at the economic empowerment of women; encourages a targeted approach to ensuring more female role models in leadership and managerial positions, in order to allow the younger generation to believe in their ability to be leaders in all sectors of work; stresses the need for women to participate actively in trade unions, and highlights the urgent need to overcome discriminatory legal and structural barriers for women in the work environment in order to achieve equal pay for equal work, so as to eliminate wage and pension differences between the two sexes;

19.

Notes that affordable childcare services and clear parental leave provisions are decisive in improving the participation of women in the labour market; notes that in some cases the lack thereof impacts girls’ and young women’s access to education and their career development because they have to take care of their siblings;

20.

Underlines the fact that women most often bear the responsibility for care of elderly and dependent persons and that women with children are often hindered in their professional reintegration; stresses that equal sharing between men and women of unpaid work such as care and domestic responsibilities is one of the preconditions for women’s participation in the labour market and their economic independence; urges the national authorities to further strengthen the network of quality care facilities for elderly and dependent people;

21.

Highlights that the protective legal provisions existing in some EaP countries, prohibiting the employment of women in potentially dangerous occupations, restrict the access of women to certain professions and work and further limit their possibilities in the labour market; encourages these countries to review such provisions;

22.

Points out the importance of good quality education and vocational training for women and girls in order to facilitate their inclusion in the labour market, and the role of education in removing the stereotypes surrounding the role of women; highlights the need for targeted support and mentoring for women entrepreneurs, who often lack access to credit or to trade networks and face high regulatory burdens;

23.

Encourages the development of a social economy for women and facilitation of the use of microcredits as a tool for economic independence of women and for stimulation of business programmes that seek to involve women in companies and enterprises; notes in this regard the crucial importance of transparency, fair access and availability of information about the financial support instruments;

24.

Calls for equal access to education for all children, including at the levels of childcare and early, primary, secondary and university education, and in STEM subjects, paying particular attention to the education and training of girls living in rural areas, through education and encouragement at an early age, which will help foster growth in the crucial sector of economic development; calls for the opening up of all educational paths for women and of professions which are still banned for women; emphasises the problem of child labour, which prevents children from accessing adequate education or vocational training, which will subsequently have an impact on their ability to attain a good position on the labour market; supports broader association of partner countries with EU agencies and programmes such as Horizon 2020, Creative Europe, COSME and Erasmus+;

25.

Underlines that child labour remains a critical issue in some EaP countries, especially Moldova, Georgia and Azerbaijan; calls on these countries to set specific targets for eliminating all forms of child labour and to ensure the full enforcement of the relevant laws;

Violence against women

26.

Expresses the need to combat domestic violence and gender-based violence, including sexual harassment, forced surrogacy and trafficking in human beings for sexual exploitation in the EaP countries, which is often unreported owing to societal acceptance of such behaviour;

27.

Condemns the use of sexual violence against women and girls as weapons of war, including mass rape, sexual slavery, prostitution and gender-based forms of persecution, including trafficking, as well as sex tourism; stresses the need to combat forced marriages, as defined by the United Nations (UN), including child/early marriage, and calls on the eastern neighbours to consistently oppose any form of exploitation and abuse of women through surrogacy; calls on the EaP states to take steps as a matter of urgency to prevent and prosecute serious crimes of this kind committed within their jurisdiction, and even outside their own territory; stresses the need for sufficient funding for initiatives against violence against women and girls which guarantees longer-term access to effective services for victims and survivors, and should therefore be adequately staffed and resourced; requests that positive measures such as vocational training programmes be taken as a matter of urgency for victims of violence, particularly if they have children in their charge, in order to integrate them into the labour market;

28.

Draws attention to the fact that gender-related crimes and crimes of sexual violence are classified in the Rome Statute as war crimes, crimes against humanity or constitutive acts with respect to genocide or torture; welcomes in this context UN Security Council resolution 2106 on the prevention of sexual violence in conflict, adopted on 24 June 2013;

29.

Underlines the need for effective protection mechanisms for women human rights defenders;

30.

Calls on the EaP countries to dedicate more resources to combating all forms of violence against women, including amending legal instruments and providing assistance to victims of violence; stresses the need for institutional changes in order to combat societal stereotypes further stigmatising victims of rape and violence;

31.

Stresses the importance of SDG 5 with special regard to point 2 thereof, which calls for the elimination of all forms of violence against women and girls in the public and private spheres, and the need to review existing legislation in EaP states regarding violence against women and girls in terms of its adequacy in effectively preventing and eliminating violence against women and girls, with special attention to the need for laws to address all forms of violence (physical, sexual, psychological, economic) and adequate penalties for perpetrators, as well as compensation for victims and survivors;

32.

Calls on the EaP countries to design measures to ensure that the justice chain is gender-responsive, including through the training of legal professionals, police officers and other staff dealing with notifications and reports of violence against women and girls, so that the victims of such violence receive serious hearing, and calls further for greater cooperation and expertise on the part of the police, the legal profession, doctors, psychologists, authorities and voluntary bodies dealing with victims of such attacks;

33.

Reiterates that gender-biased sex selection is a severe form of gender-based violence and a violation of human rights; encourages public awareness campaigns to change the attitudes of society concerning sex selection practices, and calls for increasing efforts to prevent and combat them;

34.

Urges the governments to increase efforts to investigate and prosecute suspected traffickers and convict labour and sex traffickers, to protect the integrity of the women concerned according to the ‘Nordic model’ and to support NGO partners that provide rehabilitation and reintegration services to victims;

35.

Calls for greater cooperation between EaP States on the one hand and the EU agencies and Member States’ law enforcement bodies on the other hand, in order to combat trafficking in human beings, which is also one of the most profitable organised crime activities, and dismantle criminal networks;

36.

Encourages the EaP countries to sign and ratify the Istanbul Convention on preventing and combating violence against women as soon as possible, since none of the countries concerned have ratified it, and calls on the authorities to put in place and strictly monitor the effective implementation of national strategies to combat violence against women;

37.

Calls for the application of the Beijing Platform for Action to education and health as basic human rights, including access to voluntary family planning, the full range of reproductive and sexual health services, including contraception, safe and legal abortion, and sex education;

38.

Underlines that the risk of dying from cervical cancer is 10 times higher in EaP countries than in Western Europe, that it is the most common form of cancer among women of 15-44 years of age and that it therefore has far-reaching effects on the fabric of society; calls for nationally organised screening and vaccination programmes to combat these trends;

39.

Calls on the Member States to ensure that EaP women’s rights, such as access to visas, legal residence rights and social rights, are granted individually and are not dependent on marital status or spousal relationship;

40.

Stresses the need for family reunification procedures to give individual rights to women and girls joining their families in the EU, so that they do not have to depend on a possibly abusive relationship with a family member for access to health, education or work;

Women’s role in peaceful resolution of conflicts

41.

Highlights the role women play in conflict resolution, peace building and conflict-related emergencies, such as providing humanitarian assistance to displaced people; underlines that women should be fully included in peace negotiations, reconstruction efforts and political transitions;

42.

Encourages further efforts towards the peaceful resolution of conflicts and calls for greater involvement of women in such processes, in line with UN Security Council Resolutions 1325 and 2242 on Women, Peace and Security;

43.

Calls for specific protection for women and girls seeking asylum, because women and girls are particularly vulnerable and may be fleeing gender-based violence, but may be unable or unwilling to disclose relevant information during the Refugee Status Determination process;

Examples of best practice

44.

Stresses the importance of exchange of best practices and positive examples that can be replicated in other countries of the EaP; considers that projects to be highlighted must include ‘Women in Politics in Moldova’, a UN Women — UNDP initiative funded by the Government of Sweden, which supports capacity building of women in politics and awareness-raising campaigns regarding women’s contribution to the political process;

45.

Welcomes the EU and EBRD Eastern Partnership Countries — Women in Business Programme, which offers women-led SMEs access to finance and business advice through credit lines, risk management support and technical assistance to local partner banks that work with women-led SMEs, and business advisory services, training and mentoring;

46.

Points out positive examples of greater inclusion of women in conflict resolution and reconciliation, such as the Trans-Caucasus Women’s Peace and Security Dialogue, established in 1994 and developed by the National Peace Foundation (US), which was created in order for women in Caucasus to work on projects such as the rehabilitation of child victims of war, training for peace and democracy building;

47.

Supports empowerment projects that raise women’s self-confidence, guarantee their participation and increase their power and authority to take decisions in all areas affecting their lives; draws special attention to the role of freedom of expression and opinion in women’s empowerment; strongly supports empowerment projects aimed at promoting the participation of women in local elections such as the WiLD (Women in Local Democracy) project, which saw 70 % of its female beneficiaries elected during the 2013 and 2014 elections in Armenia, or their participation in the process of implementing economic policies, such as the UNDP project currently being implemented in Azerbaijan aimed at supporting the establishment of women-led businesses in the Masalli region; welcomes the Council of Europe project on ‘Improving Women’s Access to Justice in Five Eastern Partnership Countries’, which aims at identifying and supporting the removal of obstacles for women’s equal access to justice and strengthening the capacity of EaP countries to design measures to ensure that the justice chain is gender-responsive, including through the training of legal professionals;

EU support in the context of the European Neighbourhood Policy

48.

Underlines that in the last five years EUR 103 million have been spent on 121 projects and programmes to promote gender equality in the European neighbourhoods, including the EUR 5 million Women in Business Programme in the EaP countries; recognises that significant support has already been provided by the EU towards achieving goals in the area of women’s rights and gender equality, including through TAIEX peer-to-peer assistance that helps with public administration reform and promotes cooperation on fundamental principles and policies;

49.

Points out that while gender equality is a horizontal principle within the ENP and the ENI, more precise and measurable targets in the area of gender equality should be pursued, also with regard to the new Gender Action Plan in Development 2016-2020; Underlines the urgent need for gender mainstreaming as a strategy for realising gender equality, and for positive action in the National Action Plans of the European Neighbourhood Policy;

50.

Calls on the Commission to use gender mainstreaming in all areas of the ENP and ENI, thus ensuring that specific gender equality targets are developed and monitored;

51.

Notes that within the reviewed ENP, country-specific reports should focus on priorities agreed with partners; welcomes the fact that regular reports, which will track developments in the neighbourhood, will also include a focus on gender equality;

52.

Urges the inclusion of women’s rights and gender equality issues on the agendas of regular political and human rights dialogues with the EaP partners, together with proposed actions;

53.

Underlines the important role of parliamentary diplomacy in all of the above areas and the need to exchange best practices;

54.

Considers it important to gather harmonised data regarding the situation of women in the EaP countries; encourages the possibility of the introduction of the Gender Equality Index, developed by the European Institute for Gender Equality, in the EaP countries as part of projects funded by the ENI;

55.

Stresses the need to provide support from the ENI to grassroots women’s organisations and civil society, which are best positioned to reach out to local populations and help to raise awareness and tackle problems encountered by women and girls in the regions;

56.

Encourages the Member States to develop stronger bilateral and multilateral links with EaP countries and an active involvement in transitional help, technical support and experience sharing; believes that Member States in close physical proximity to the EaP countries could play an important role in facilitating stronger links and in involving other Member States in EaP partnerships;

o

o o

57.

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

(1)  OJ L 77, 15.3.2014, p. 27.

(2)  Texts adopted, P8_TA(2016)0018.

(3)  Texts adopted, P8_TA(2015)0470.

(4)  Texts adopted, P8_TA(2015)0350.

(5)  OJ C 181, 19.5.2016, p. 21.

(6)  Texts adopted, P8_TA(2015)0272.


Wednesday 14 December 2016

6.7.2018   

EN

Official Journal of the European Union

C 238/51


P8_TA(2016)0490

EC-Uzbekistan Partnership and Cooperation Agreement and bilateral trade in textiles

European Parliament non-legislative resolution of 14 December 2016 on the draft Council decision on the conclusion of a Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Uzbekistan, of the other part, amending the Agreement in order to extend the provisions of the Agreement to bilateral trade in textiles, taking account of the expiry of the bilateral textiles Agreement (16384/1/2010 — C7-0097/2011 — 2010/0323(NLE) — 2016/2226(INI))

(2018/C 238/04)

The European Parliament,

having regard to the draft Council decision (16384/1/2010),

having regard to the draft Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Uzbekistan, of the other part (16388/2010),

having regard to the request for consent submitted by the Council in accordance with Article 207 and Article 218(6), second subparagraph, point (a)(v), of the Treaty on the Functioning of the European Union (C7-0097/2011),

having regard to its interim resolution of 15 December 2011 (1) on the draft Council decision,

having regard to its legislative resolution of 14 December 2016 (2) on the draft Council decision,

having regard to the most recent observations of the Committee of Experts on the Application of Conventions and Recommendations on Uzbekistan regarding the Abolition of Forced Labour Convention (Convention 105) and the Worst Forms of Child Labour Convention (Convention 182), adopted in 2015 and published in 2016 (3),

having regard to Protocol No 1 on the role of National Parliaments in the European Union,

having regard to Protocol No 2 on the application of the principles of subsidiarity and proportionality,

having regard to Rule 99(1), second subparagraph of its Rules of Procedure,

having regard to the report of the Committee on International Trade and the opinion of the Committee on Foreign Affairs (A8-0330/2016),

A.

whereas in December 2011 the European Parliament decided to postpone its decision on consent to the EU-Uzbekistan Textiles Protocol, adopting an interim report to address allegations of the use of child and forced labour in the cotton harvest in Uzbekistan;

B.

whereas in that interim report Parliament concluded that it will only consider consent if the ILO observers have been granted access by the Uzbek authorities to undertake close and unhindered monitoring and have confirmed that concrete reforms have been implemented and have yielded substantial results in such a way that the practice of forced labour and child labour is effectively in the process of being eradicated at national, viloyat and local level;

C.

whereas Parliament has established a regular dialogue with the Commission, the EEAS, the Government of Uzbekistan, the ILO and civil society in order to monitor developments during the cotton harvest and exert pressure on all involved to achieve the end of the use of child and forced labour in Uzbekistan;

D.

whereas in 2013 the Government of Uzbekistan authorised the ILO to monitor the cotton harvest; whereas since 2013 the ILO has on several occasions undertaken monitoring, initially focused on child labour and later extended to forced labour and recruitment conditions;

E.

whereas the cooperation between the ILO and the Government of Uzbekistan has been gradually broadened, and in 2014 Uzbekistan became the first Central Asian country to agree on a Decent Work Country Programme with the ILO;

F.

whereas the most recent ILO monitoring during the 2015 cotton harvest has shown that ‘the use of children in the cotton harvest has become rare, sporadic and socially unacceptable, even if ongoing vigilance is needed’ (4);

G.

whereas, according to the ILO, while awareness of forced labour in Uzbekistan is still at an early stage, surveys carried out by the ILO nonetheless indicate that most workers pick cotton voluntarily and have the possibility to refuse to do so;

H.

whereas the final ILO report on the 2016 cotton harvest in Uzbekistan will be available at the end of this year;

I.

whereas the eradication of forced and child labour in Uzbekistan is an objective but still ongoing process which requires efforts, and which needs to be further supported by the EU and the international community, including with the participation of human rights and labour rights civil society organisations;

J.

whereas the Government of Uzbekistan has adopted Action Plans to change the recruitment process for picking cotton, and has, together with employers’ organizations and trade unions, promoted awareness raising and developed a feedback mechanism to prevent forced and child labour;

K.

whereas NGOs are still reporting breaches of human rights in the country, in particular in the field of the cotton harvest, where they point to massive forced mobilisation of students and public employees at cotton harvest time, as well as violations of freedom of association and expression, in particular interrogations of citizens reporting on the harvest, regular persecution and harassment of human rights defenders and civil society activists, and the blocking of international rights groups and media outlets from operating in the country;

L.

whereas the sudden death of President Islom Karimov should not have any impact on the continuity of the ongoing process of improving labour conditions in the cotton fields in Uzbekistan;

1.

Stresses the importance of the action taken by the Government of Uzbekistan to authorise the ILO to monitor the cotton harvest and to engage in broad cooperation with ILO through a Decent Work Country Programme;

2.

Welcomes the substantial progress that has been made in Uzbekistan since 2013, including the adoption of laws which prohibit the use of child labour, achieving the almost total eradication of child labour; encourages the authorities to engage further in a country-wide campaign to raise awareness in order to completely eradicate child labour;

3.

Appreciates the fact that the Government of Uzbekistan is also pursuing the eradication of forced labour in cooperation with the ILO and that progress has been made; stresses, however, that subtle ways of involuntary work still exist, that this process is complex and that it requires, among other things, a reform of employment policies;

4.

Is of the opinion that, because of these efforts by the Government of Uzbekistan, Parliament should give consent to the EU-Uzbekistan Textiles Protocol; is of the opinion that such consent will constitute a positive sign of encouragement to the Uzbek Government to further pursue its efforts to fully eradicate child labour and all other forms of forced labour, as well as to further strengthen cooperation with the EU;

5.

Welcomes the fact that the Federation of Trade Unions of Uzbekistan joined the International Trade Union Confederation (ITUC) as an associate member in October 2015; stresses the role Uzbek trade unions are playing to ensure decent working conditions and protect labour rights; calls on the Uzbek Government to cooperate fully with trade unions in this direction; encourages Uzbek trade unions to step up their role in the effort fully to eradicate forced labour;

6.

Is concerned about reports by independent monitors of state-led mobilisation of citizens, including the forced labour of public employees and students, in the 2016 pre-harvest work;

7.

Calls on the next Uzbek president to raise a new human rights paradigm by immediately terminating the continued use of forced labour and child labour in the cotton harvest;

8.

Calls on the Commission and the EEAS to provide Parliament regularly with detailed information on the situation in Uzbekistan, in particular with regard to the eradication of child and forced labour; decides to continue to monitor developments in Uzbekistan and to organise a regular dialogue with the ILO, the Commission, the EEAS and other stakeholders aimed at the total eradication of forced labour and child labour in Uzbekistan;

9.

Recognises that a combination of dialogue and cooperation, as well as continued pressure on the Government of Uzbekistan from the Union, the ILO and the World Bank, will still be needed to achieve this goal; reserves the right to call on the Commission and the Council to activate Articles 2 and 95 of the Partnership and Cooperation Agreement so as to take all necessary, general and specific measures if the commitment to eradicate child and forced labour is not lived up to;

10.

Calls on the Commission and the EU Delegation in Tashkent to contribute through policy dialogue and assistance programmes to structural reform in Uzbekistan, including increased remuneration for cotton pickers, mechanisation, and greater budgetary transparency on revenue from the cotton harvest;

11.

Shares the view that the Decent Work Country Programme should be extended beyond 2016, and should be deepened so as to consider the modernisation of the Uzbek economy and the improvement of employment policy in such areas as occupational health, safety and labour inspection, while taking gender equality into account; welcomes, in this regard, the Uzbek Governmental Decree No 909 (dated 16 November 2015) which is aimed to improve labour conditions, employment and social protection of workers in the agricultural sector in the period 2016-2018;

12.

Stresses that the assistance provided by the EU over the past years, focusing on the rule of law and the judiciary, and aiming at triggering reforms and streamlining the work of the Uzbek parliament, must bring tangible results;

13.

Believes that EU aid to Uzbekistan should also be aimed at weaning the country off cotton monoculture, and at decreasing its dependence on exports, by diversifying the economy, which could gradually alleviate the disastrous environmental situation with regard, in particular, to what is left of the Aral Sea and its tributaries;

14.

Calls on the Commission to submit as soon as possible the ‘EU flagship initiative on responsible management of the supply chain in the garment sector’, with a proposal for strengthening the supply chain transparency; recalls the importance of the Sustainability Compact launched in 2013 and underlines that this kind of initiative can serve as a basis for elaborating new actions in partnership with third countries with a view to meeting the objectives of improving working, health and safety conditions in the garment sector;

15.

Encourages the Government of Uzbekistan to work towards the ratification and effectively implementation of all 27 GSP+ core international conventions, in order to be able to apply for GSP+ tariff preferences;

16.

Highlights that in 2009 and 2010 the Council lifted the EU sanctions ‘with a view to encourage the Uzbek authorities to take further substantive steps to improve the rule of law and the human rights situation on the ground’, stating, furthermore, that ‘the Council will closely and continuously observe the human rights situation in Uzbekistan’ and that ‘the depth and quality of the dialogue and cooperation will depend on Uzbek reforms’;

17.

Calls on the Commission and the EEAS to monitor the political transition in Uzbekistan and to provide Parliament regularly with information on this process;

18.

Calls on the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR), the EEAS and the Member States to use the transition process as an opportunity to press for concrete, measurable human rights improvements over the coming months; underlines that concrete improvements should include the conditions laid out by the EU foreign ministers in 2010;

19.

Points out that the textile sector, in particular cotton production, is the main area of trade between the EU and Uzbekistan; stresses, in this regard, that the EU should make full use of the extension of the PCA in order to ensure that the Uzbek authorities are engaged in a transition process, following the sudden death of the president, that leads to better governance, a strengthening of the rule of law, democratic reforms and a substantial improvement of the human rights situation;

20.

Reiterates the Union’s commitment to further and deepen relations with Uzbekistan, which requires respect for human rights and the rule of law; calls on the Government of Uzbekistan to create more space for independent civil society, to take more into consideration concerns of Uzbek and international NGOs, and to meet its commitments under the International Covenant on Civil and Political Rights and the Convention against Torture;

21.

Urges the Uzbek authorities to respect fully their international commitments as regards the protection of human rights; welcomes their announcement of a proposal for an amnesty on the occasion of the 24th anniversary of Uzbekistan’s Constitution; urges the Uzbek authorities to include in this gesture the release from prison of all individuals imprisoned on politically motivated charges, improved treatment of persons in custody and an end to the cycle of crackdowns, arrests and convictions; encourages the Uzbek Government to step up its involvement with international institutions, including through 11 special procedures set up by the United Nations Human Rights Council (UNHRC) (5);

22.

Instructs its President to forward its position to the Council, the Commission, the governments and parliaments of the Member States and the government and parliament of the Republic of Uzbekistan.

(1)  OJ C 168 E, 14.6.2013, p. 195.

(2)  Texts adopted, P8_TA(2016)0489.

(3)  Report of the Committee of Experts on the Application of Conventions and Recommendations — Application of International Labour Standards 2016 — REPORT III (Part 1A).

(4)  Report of the Committee of Experts on the Application of Conventions and Recommendations — Application of International Labour Standards 2016 — REPORT III (Part 1A), p. 218.

(5)  The 11 special procedures are described in: http://spinternet.ohchr.org/_Layouts/SpecialProceduresInternet/ViewCountryVisits.aspx?Lang=en&country=UZB

For a general overview of UNHRC special procedures, see: http://www.ohchr.org/en/HRBodies/SP/Pages/Welcomepage.aspx


6.7.2018   

EN

Official Journal of the European Union

C 238/55


P8_TA(2016)0493

EU-Norway Agreement on reciprocal access to fishing in the Skagerrak

European Parliament non-legislative resolution of 14 December 2016 on the draft Council decision on the conclusion of the Agreement between the European Union and the Kingdom of Norway on reciprocal access to fishing in the Skagerrak for vessels flying the flag of Denmark, Norway and Sweden (10711/2016 — C8-0332/2016 — 2016/0192(NLE) — 2016/2229(INI))

(2018/C 238/05)

The European Parliament,

having regard to the draft Council decision (10711/2016),

having regard to the draft Agreement between the European Union and the Kingdom of Norway on reciprocal access to fishing in the Skagerrak for vessels flying the flag of Denmark, Norway and Sweden (11692/2014),

having regard to the request for consent submitted by the Council in accordance with Article 43(2) and Article 218(6), second subparagraph, point (a) of the Treaty on the Functioning of the European Union (C8-0332/2016),

having regard to its legislative resolution of 14 December 2016 (1) on the draft Council decision,

having regard to Rule 99(1), second subparagraph, of its Rules of Procedure,

having regard to the report of the Committee on Fisheries (A8-0320/2016),

A.

whereas fishermen from Denmark, Norway and Sweden have always traditionally fished jointly in the Kattegat and Skagerrak;

B.

whereas the Agreement upholds the historical fishing rights of fishermen from Denmark, Norway and Sweden in the Kattegat and Skagerrak without prejudice to the rights of fishermen from other states, while also ensuring that suitable measures are taken for fisheries management and conservation in these waters;

C.

whereas the Agreement also supports the implementation of the reformed system for fisheries management in the EU put in place in line with the aims and basic principles of the new common fisheries policy (CFP), in particular the introduction of the landing obligation and compulsory measures to maintain stocks above sustainable fisheries limits;

1.

Calls on the Commission to forward to Parliament the minutes and conclusions of any consultations held in accordance with Article 4 of the Agreement;

2.

Calls on the Commission to submit to Parliament and the Council, within the last year of application of the agreement and before the opening of negotiations for its renewal, a full report on its implementation;

3.

Calls on the Commission and the Council, acting within the limits of their respective powers, to keep Parliament immediately and fully informed at all stages of the procedures related to the agreement and its renewal, pursuant to Article 13(2) of the Treaty on European Union and Article 218(10) of the Treaty on the Functioning of the European Union;

4.

Emphasises that access to the internal market for any third country must build on reciprocity, and that in the case of Norway any customs duties on food products, including fisheries products, from the EU must be in conformity with the Agreement on the European Economic Area;

5.

Stresses that the task of the Commission is to ensure that custom duties on food and fisheries products from the EU are not set in a way contrary to the principles of free trade in the area of food products, including fisheries products;

6.

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

(1)  Texts adopted, P8_TA(2016)0492.


6.7.2018   

EN

Official Journal of the European Union

C 238/57


P8_TA(2016)0502

Annual Report on human rights and democracy in the world and the European Union’s policy on the matter 2015

European Parliament resolution of 14 December 2016 on the Annual Report on human rights and democracy in the world and the European Union’s policy on the matter 2015 (2016/2219(INI))

(2018/C 238/06)

The European Parliament,

having regard to the Charter of the United Nations, in force since 24 October 1945,

having regard to the Universal Declaration of Human Rights (UDHR) and other United Nations (UN) human rights treaties and instruments, in particular the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights adopted in New York on 16 December 1966,

having regard to the core international human rights conventions, including the UN Convention on the Rights of Persons with Disabilities, to which the EU is a party,

having regard to the UN Convention of 18 December 1979 on the Elimination of All Forms of Discrimination against Women (CEDAW) (1),

having regard to the UN Convention on the Rights of the Child and to Parliament’s resolution of 27 November 2014 on the 25th anniversary of the UN Convention on the Rights of the Child (2),

having regard to the International Convention of 18 December 1990 on the Protection of the Rights of All Migrant Workers and Members of Their Families (3),

having regard to the UN Declaration on the Right to Development (4),

having regard to the UN Declaration on the Rights of Indigenous Peoples and the Outcome document of 22 September 2014 of the high-level plenary meeting of the General Assembly known as the World Conference on Indigenous Peoples (5),

having regard to the Vienna Declaration and Programme of Action, adopted on 25 June 1993 (6),

having regard to the Beijing Declaration and Platform for Action of 1995 (7) and the Programme of Action of the International Conference on Population and Development (ICPD) of 1994 (8), and to the outcomes of their review conferences,

having regard to the United Nations’ Paris Principles on national human rights institutions (NHRI) (9),

having regard to the Charter of Fundamental Rights of the European Union,

having regard to Article 25 of the EU Charter of Fundamental Rights on the rights of the elderly,

having regard to the European Convention on Human Rights,

having regard to Articles 2, 3, 8, 21 and 23 of the Treaty on European Union (TEU),

having regard to Article 207 of the Treaty on the Functioning of the European Union (TFEU),

having regard to the document published by the Vice-President of the European Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) on 28 June 2016 entitled ‘Shared Vision, Common Action: A Stronger Europe — A Global Strategy for the European Union’s Foreign and Security Policy’ (10),

having regard to the EU Strategic Framework and Action Plan on Human Rights and Democracy, as adopted by the Foreign Affairs Council on 25 June 2012 (11),

having regard to the Foreign Affairs Council conclusions of 8 December 2009 on promoting compliance with international humanitarian law (IHL) (12) and the updated EU Guidelines on promoting compliance with IHL (13),

having regard to the Action Plan on Human Rights and Democracy 2015-2019, adopted by the Council on 20 July 2015 (14),

having regard to the European Union’s Human Rights Guidelines,

having regard to the EU Guidelines on the Promotion and Protection of Freedom of Religion or Belief (15),

having regard to the Guidelines to Promote and Protect the Enjoyment of All Human Rights by Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) Persons (16), adopted by the Council on 24 June 2013,

having regard to the Guidelines for EP Interparliamentary Delegations on promoting human rights and democracy in their visits outside the European Union,

having regard to the EU Annual Report on Human Rights and Democracy in the World in 2015, adopted by the Council on 20 June 2016 (17),

having regard to the Action Plan on Gender Equality and Women’s Empowerment: Transforming the Lives of Girls and Women through EU External Relations 2016-2020 (GAPII), adopted by the Council on 26 October 2015 (18),

having regard to the Council conclusions of 16 June 2016 on LGBTI equality (19) and the List of actions by the Commission to advance LGBTI equality (2016-2019) (20),

having regard to the Council conclusions of 26 May 2015 on Gender in Development (21),

having regard to the European Agenda on Migration of 13 May 2015 (COM(2015)0240) and the Council conclusions on migration of 20 July 2015 (22), 14 September 2015 (23) and 22 September 2015 (24),

having regard to Council Decision (CFSP) 2015/260 of 17 February 2015 extending the mandate of the European Union Special Representative for Human Rights (25),

having regard to the Council conclusions of 5 December 2014 on the promotion and protection of children’s rights (26),

having regard to the Council conclusions of 14 May 2012 on ‘Increasing the Impact of EU Development Policy: an Agenda for Change’ (27),

having regard to the revised EU indicators for the Comprehensive approach to the EU implementation of UN Security Council Resolutions 1325 and 1820 on women, peace and security, adopted by the Council on 20 September 2016 (28),

having regard to the Council of Europe’s Istanbul Convention of 11 May 2011 on preventing and combating violence against women and domestic violence (29),

having regard to the Council Decision 2011/168/CFSP of 21 March 2011 on the International Criminal Court and repealing Common Position 2003/444/CFSP (30),

having regard to the Joint Communication from the Commission and the VP/HR on the review of the European Neighbourhood Policy (ENP) (JOIN(2015)0050),

having regard to the Valletta Action Plan of 11-12 November 2015 (31),

having regard to the UN Security Council Resolution of 13 October 2015 on women, peace and security implementation (32),

having regard to the UN Security Council Resolution of 19 June 2008 on sexual violence as war crimes (33),

having regard to UN Security Council Resolution of 31 October 2000 on women, peace and security (34),

having regard to the UN General Assembly Resolution of 18 December 2014 on the protection of migrants (35),

having regard to its urgency resolutions on cases of breaches of human rights, democracy and the rule of law,

having regard to its resolution of 13 September 2016 on the EU Trust Fund for Africa: the implications for development and humanitarian aid (36),

having regard to its resolution of 5 July 2016 on the fight against trafficking in human beings in the EU’s external relations (37),

having regard to its resolution of 28 April 2016 on attacks on hospitals and schools as violations of international humanitarian law (38),

having regard to its resolution of 12 April 2016 on the situation in the Mediterranean and the need for a holistic EU approach to migration (39),

having regard to its resolution of 4 February 2016 on the systematic mass murder of religious minorities by the so-called ‘ISIS/Daesh’ (40),

having regard to its resolution of 17 December 2015 on the Annual Report on Human Rights and Democracy in the World 2014 and the European Union’s policy on the matter (41),

having regard to its resolution of 10 September 2015 on migration and refugees in Europe (42),

having regard to its resolution of 8 October 2015 on the renewal of the EU Plan of Action on Gender Equality and Women’s Empowerment in Development (43),

having regard to its resolution of 8 October 2015 on the death penalty (44),

having regard to its resolution of 8 September 2015 on ‘human rights and technology: the impact of intrusion and surveillance systems on human rights in third countries’ (45),

having regard to its resolution of 12 March 2015 on the Annual Report from the High Representative of the European Union for Foreign Affairs and Security Policy to the European Parliament (46),

having regard to its resolution of 12 March 2015 on the EU’s priorities for the UN Human Rights Council in 2015 (47),

having regard to its resolution of 18 September 2014 on the situation in Iraq and Syria and the ISIS offensive, including the persecution of minorities (48),

having regard to its resolution of 27 February 2014 on the use of armed drones (49),

having regard to its resolution of 10 October 2013 on caste-based discrimination (50) and to the report of 28 January 2016 on minorities and caste-based discrimination by the UN Special Rapporteur on Minority Issues (51),

having regard to its resolution of 13 June 2013 on the freedom of press and media in the world (52),

having regard to its resolution of 11 December 2012 on a Digital Freedom Strategy in EU Foreign Policy (53),

having regard to its resolution of 17 November 2011 on EU support for the ICC: facing challenges and overcoming difficulties (54),

having regard to its resolution of 7 July 2011 on EU external policies in favour of democratisation (55),

having regard to its resolution of 17 June 2010 on EU policies in favour of human rights defenders (56),

having regard to the United Nations Guiding Principles on Business and Human Rights (UNGPs): Implementing the United Nations ‘Protect, Respect and Remedy’ Framework, endorsed by the UN Human Rights Council in its resolution 17/4 of 6 July 2011 (57),

having regard to the Annual Report 2015 of the European Endowment for Democracy (58),

having regard to Rule 52 of its Rules of Procedure,

having regard to the report of the Committee on Foreign Affairs and the opinions of the Committee on Development and the Committee on Women’s Rights and Gender Equality (A8-0355/2016),

A.

whereas Article 21 TEU commits the EU to a Common Foreign and Security Policy (CFSP) guided by the principles which have inspired its own creation, and which it shall seek to advance in the world: democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity, and respect for the principles of the United Nations Charter and international law;

B.

whereas Article 207 TFEU requires the EU’s commercial policy to be based on the principles and objectives of the EU’s external action;

C.

whereas Article 3 TEU affirms that ‘in its relations with the wider world, the Union shall uphold and promote its values and interests and contribute to the protection of its citizens. It shall contribute to peace, security, the sustainable development of the Earth, solidarity and mutual respect among peoples, free and fair trade, eradication of poverty and the protection of human rights, in particular the rights of the child, as well as to the strict observance and the development of international law, including respect for the principles of the United Nations Charter’;

D.

whereas respect for and the promotion and safeguarding of the indivisibility and universality of human rights are among the key aims of the EU’s foreign and security policies, as established by the human rights clause in all EU agreements with third countries;

E.

whereas respect for human rights, peace, security and development are closely linked and mutually reinforcing;

F.

whereas human rights and democracy support policies should be mainstreamed across all other EU policies with an external dimension, such as development, migration, security, counter-terrorism, neighbourhood policy, enlargement and trade, in particular through the implementation of human rights conditionalities;

G.

whereas internal and external coherence in the area of human rights is essential for the credibility of the EU’s human rights policy abroad, and whereas increased coherence between EU internal and external policies, as well as among the EU’s external policies is also an indispensable requirement for a successful and effective EU human rights and democratisation policy; whereas improved consistency should enable the EU to respond faster and more efficiently, already in the early stages of human rights violations; and whereas the challenge of coherence is particularly striking in relation to the current migration policy;

H.

whereas the values of freedom, respect for human rights and the principle of holding periodic and genuine elections are essential elements of democracy; whereas, in addition to the holding of free and fair elections, features of democratic regimes include transparent and accountable governance, respect for the rule of law, freedom of expression, respect for human rights, the existence of an independent judicial system, and respect for international law and international agreements on human rights;

I.

whereas respect for human rights is under threat worldwide, and whereas the universality of human rights is seriously being challenged by a number of authoritarian regimes; whereas there are numerous attempts worldwide to shrink the space of civil society, including in multilateral fora; and whereas the non-respect for human rights has negative consequences for the individual, for his or her relatives and for society;

J.

whereas the EU was a key player in the adoption of the 2030 Agenda for Sustainable Development, which seeks to realize human rights of all;

K.

whereas a new Action Plan on Human Rights and Democracy 2015-2019 was adopted by the Council on 20 July 2015, with a view to enabling the EU to meet these challenges through a more focused, systematic and coordinated use of its human rights instruments; whereas this Action Plan should be implemented in coherence with the Gender Action Plan 2016-2020;

L.

whereas the VP/HR has stated that human rights will be one of her overarching priorities and that she intends to use them as a compass with regard to all her relations with third countries; whereas she has also reiterated the EU’s commitment to promote human rights in all areas of foreign relations ‘without exception’;

M.

whereas the EU’s commitment to effective multilateralism, with the UN at its core, is an integral part of the Union’s external policy, based on the belief that a multilateral system founded on universal rules and values is best suited to addressing global crises, challenges and threats; whereas engaging with third countries, in all bilateral and multilateral fora, is one of the most effective tools for addressing human rights issues in third countries;

N.

whereas the regular sessions of the UN Human Rights Council (UNHRC), the appointment of Special Rapporteurs, the Universal Periodic Review (UPR) mechanism and the Special Procedures addressing either specific country situations or thematic issues all contribute to the international efforts to promote and respect human rights, democracy and the rule of law;

O.

whereas the EU considers close cooperation with civil society and human rights defenders (HRDs) in third countries to be one of its main priorities in advancing human rights and tackling human rights violations;

P.

whereas in its resolution of 22 October 2013 on local authorities and civil society: Europe’s engagement in support of sustainable development (59), Parliament expresses great concern at the crackdown on civil society organisations (CSOs), stresses the importance of defining a monitoring system for the evaluation of progress in terms of policy and regulatory provisions, and calls for the promotion of an enabling environment for CSOs; whereas many countries have recently passed strict NGO legislation that declares foreign organisations undesirable when deemed a threat to their constitutional order, defence or security, and whereas only in 2015, 185 environmental human rights activists have been killed in the world, 66 % of which in Latin America;

Q.

whereas travel bans to prevent HRDs from attending international events are being used by a growing number of countries, particularly in Asia, the Middle East and Africa;

R.

whereas Articles 18 and 19 of the UDHR acknowledge that everyone has the right to freedom of thought, conscience and religion, and freedom of opinion and expression, which includes the freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers; whereas the number of cases of persecution relating solely to people peacefully exercising their right to freedom of opinion, worship and expression has risen sharply;

S.

whereas Article 20 of the UDHR acknowledges that everyone has the right to freedom of peaceful assembly and association; whereas UN Human Rights Council Resolution 21/16 reminds States of their obligation to respect and fully protect the rights of individuals to assemble peacefully and associate freely, online as well as offline, and whereas freedom of thought, conscience, religion and belief must be supported through interreligious and intercultural dialogues;

T.

whereas the basic rules of IHL and human rights are provided by the Geneva Conventions and the additional protocols, and are at the core of all humanitarian actions; whereas the protection of civilians and of displaced persons in conflict areas must be guaranteed in total neutrality and impartiality, and whereas aid independence must prevail;

U.

whereas illegal occupation of a territory is an on-going violation of international law, triggering under IHL the responsibility of the occupying power for the civilian population of that territory;

V.

whereas evidence of war crimes and crimes against humanity is difficult to preserve — especially at a time of unprecedented flows of refugees fleeing violence; whereas the preservation of evidence is essential to bringing perpetrators to justice;

W.

whereas attempts to shut down the US Guantánamo Bay prison failed and only 20 detainees were released or relocated in 2015;

X.

whereas, worldwide, more and more people are fleeing from war, armed conflicts or other degrading conditions, and whereas these refugee flows and various forms of migration represent a significant challenge, both for the EU and in global terms, requiring immediate, effective and sustainable solutions in line with our common European values; whereas the humanitarian aid provided by the Commission, being the leading global donor, helps refugees and displaced people in over 30 countries;

Y.

whereas the fight against migrant smuggling, trafficking and labour exploitation necessitates both short-, medium- and long-term responses, including measures to disrupt criminal networks and to bring criminals to justice, the gathering and analysis of data, measures to protect victims and to return irregularly staying migrants, as well as cooperation with third countries, along with longer-term strategies, to address the demand for trafficked and smuggled persons and the root causes of migration that force people into the hands of criminal smugglers;

Z.

whereas justice is essential to advancing respect for human rights, and the EU and its Member States have been unconditional supporters of the International Criminal Court (ICC) since its inception, while promoting the universality of the Rome Statute and defending its integrity with the purpose of strengthening the Court’s independence;

AA.

whereas substantial progress has been made so far towards abolishing the death penalty, and whereas many countries have suspended capital punishment, while others have taken legislative measures towards this end; whereas 2015 saw a dramatic rise in the overall number of executions, of which nearly 90 % happened in just three countries, namely Iran, Pakistan and Saudi Arabia; whereas Belarus remains the only country in Europe which has not abolished capital punishment;

AB.

whereas gender equality is at the core of European values and is enshrined within the EU’s legal and political framework, as well as being central to the UN Agenda 2030; whereas violence and discrimination against women and girls has dramatically increased in recent years, especially in war zones and under authoritarian regimes;

AC.

whereas, according to UNICEF, 250 million of children around the world are living in countries affected by conflict, and nearly 50 million children have either been forcibly displaced by violence, war and its atrocities, terrorism and insurgency, or have migrated across borders, and many continue to suffer from all forms of discrimination, violence, exploitation, abuse, forced labour, poverty and malnutrition;

AD.

whereas, according to UNICEF, 1 in 200 children in the world is a child refugee, nearly one third of the children living outside their country of birth is a refugee and the number of child refugees doubled between 2005 and 2015;

AE.

whereas Article 25 of the UDHR recognises the right of every person to a ‘standard of living adequate for the health and well-being of himself and of his family’, in which motherhood and childhood are entitled to special care and assistance, which includes medical care; whereas access to education, nutrition and healthcare should be guaranteed for all children; whereas UNHRC Resolution 26/28(36) calls for the next UNHRC Social Forum meeting to focus on access to medicines in the context of the right of everyone to enjoy the highest attainable standard of physical and mental health; whereas the Constitution of the WHO states that the enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, religion, political belief, economic or social condition;

AF.

whereas according to the UN Convention on the Rights of the Child, authorities must respect the rights of the child who is separated from one or both parents;

AG.

whereas violence against and unlawful prosecution of minorities, including LGBTI people, continues in many places around the world, and discrimination in health care, education, employment and other sectors is widespread;

AH.

whereas reports of violations of civil and political, economic, labour, social and cultural rights, as well as environmental damage resulting from malpractices by some private sector actors, continue to be heard from around the world; whereas there is a strong link between corruption, tax evasion, illicit capital flows and human rights violations;

AI.

whereas the UNGPs on Business and Human Rights apply to all states and to all business enterprises, whether transnational or other, regardless of their size, sector, location, ownership and structure, but whereas effective control and sanction mechanisms remain a challenge to the worldwide implementation of the UNGPs; whereas the special features of small and medium-sized enterprises (SMEs) must be taken proper account of and integrated in a flexible corporate social responsibility (CSR) approach adapted to their potential;

AJ.

whereas in October 2015, the Commission released its new trade strategy ‘Trade for All’, in which it sets out its aim to use trade as a means to strengthen human rights in third countries;

AK.

whereas in 2015, the EU started working on legislation to tackle the trade in minerals that fuels conflict;

AL.

whereas national and international sporting events such as the Olympic Games and the football World Cups should not be used for political purposes, but organised in full respect of all human rights, as enshrined in the Olympic Charter, and should aim at a harmonious development of humankind, with a view to promoting a peaceful society concerned with the preservation of human rights and human dignity, and with no discrimination based on any grounds such as nationality, race, religion, politics, gender, gender identity, sexual orientation or sex characteristics;

AM.

whereas environmental changes are undermining access to water, natural resources and food;

Centrality of human rights in EU external policies

1.

Expresses its serious concern that the promotion and protection of human rights and democratic values are under threat worldwide, and that the universality of human rights is seriously being challenged in many parts of the world, including under authoritarian regimes as well as by terrorist groups such as Daesh;

2.

Expresses its serious concern at the numerous, ever-increasing attempts made to shrink the space of civil society and HRDs, the increasing limitations on freedom of assembly and freedom of expression, and the growing number of repressive laws affecting civil society adopted throughout the world in countries such as Russia, Turkey and China, including under the pretext of combating terrorism (through the introduction of counter-terrorism laws, emergency situations and security measures), whereas there is often a negative impact on human rights as well as frequent abuse of these laws for repression; recalls that such legislation should not, in any way, serve to shrink the space in which civil society groups are able to operate; calls for a clear condemnation of these abuses and violations;

3.

Stresses firmly that the EU is committed to a CFSP and to all other policies with an external dimension founded on the advancement of democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity, and respect for the principles of the United Nations Charter and international human rights and humanitarian law; reiterates that these principles are also intrinsic to external action beyond the CFSP, including development and humanitarian policies;

4.

Calls on all the EU institutions and the Member States to act on their commitments to promote democracy and the rule of law, protect and realise human rights and fundamental freedoms, including the right to development by all peaceful means, and to place human rights at the centre of the EU’s relations with all third countries — including its strategic partners — and at all levels;

5.

Reiterates its call on the Member States to lead by example, by speaking with one voice in support of the indivisibility, interdependence, interrelation and universality of human rights and, in particular, by ratifying all international human rights instruments set up by the UN;

6.

Emphasises that, in order for the EU to be a credible actor in external relations, it should ensure increased coherence between its internal and external policies with regard to respect for human rights and democratic values (with human rights strategies on the promotion and protection of the rights of LGBTI people being crucial to this end), and it should aim towards a systematically consistent and coherent implementation of the EU’s human rights policy;

7.

Draws attention to its long-term commitment to promote human rights and advance democratic values as reflected, inter alia, in the annual award of the Sakharov Prize for Freedom of Thought, in the work of the Subcommittee on Human Rights, Democracy Support and Election Observations and of the European Endowment for Democracy, in the monthly plenary debates and resolutions on cases of breaches of human rights, democracy and the rule of law, and in the many parliamentary delegations;

8.

Is deeply concerned that many human rights defenders are under attack nowadays; calls on the EU, and the VP/HR in particular, to adopt a policy to denounce, systematically and unequivocally, the killing of HRDs and any attempt to subject them to any form of violence, persecution, threat, harassment, disappearance, imprisonment or arbitrary arrest, to condemn those who commit or tolerate such atrocities, and to step up public diplomacy in open and clear support of HRDs, also when it comes to their testimony in multilateral fora; calls on the EU to issue guidance on this policy, as this adds consistency to the EU’s current priorities as set out in the various existing EU Guidelines; encourages the EU Delegations and the Member States’ diplomatic representations to continue actively to support HRDs, notably by systematically monitoring trials, visiting HRDs in jail and issuing statements on individual cases, where appropriate; calls for the establishment of a system to monitor civil society space effectively and with clear benchmarks and indicators; reiterates the importance of the European Instrument for Democracy and Human Rights (EIDHR) in providing urgent direct financial and material support for HRDs at risk and the emergency fund that allows the EU Delegations to give direct ad-hoc grants to defenders whose lives are under imminent threat;

9.

Calls on the EU and its Member States to encourage the establishment of national human rights institutions (NHRIs), in accordance with the United Nations’ Paris Principles, with sufficient mandate, resources and expertise to fulfil the safeguarding and respect for human rights;

10.

Highlights the need to further inter-parliamentary relations between the Union and its partner countries in a framework of honest dialogue underpinned by mutual understanding and trust, with the aim of promoting human rights effectively;

EU Strategic Framework and the new Action Plan on Human Rights and Democracy

11.

Welcomes the adoption of the second EU Action Plan on Human Rights and Democracy (2015-2019), and urges the EU and its Member States to fully, consistently, transparently and in a timely manner implement the actions therein, and to strengthen democracy support; underlines that consensus and coordination between the EU and its Member States are needed for the coherent implementation of the Action Plan, and strongly encourages the Member States to take greater ownership of the implementation and review of the Action Plan; stresses that the Member States should report back on their implementation of the Action Plan;

12.

Stresses that, in order to fulfil the ambitious objectives set out in the second Action Plan, the EU must set aside sufficient resources and expertise, both in terms of dedicated human resources in delegations and at the Commission and the European External Action Service (EEAS), and in terms of funds available for projects;

13.

Considers a free civil society to be one of the foundations for the protection and support of human rights and democratic values, and is therefore concerned that the public space for civil society is shrinking, and that HRDs and journalists are increasingly under attack worldwide; welcomes the inclusion in the Action Plan of an objective to address threats to civil society space, and urges the EU to implement outlined actions; encourages all parties involved in EU external action to identify and address existing gaps in the protection of human rights and democratic freedoms, and to step up cooperation with civil society, parliaments, political parties and local authorities, and with regional and international organisations on the ground; draws attention to the fact that the Action Plan does not include a separate objective on fostering democratic standards in partner countries; calls on the Commission to develop EU guidelines for democracy support;

EU Annual Report

14.

Welcomes the attempts made to improve and make the thematic part of the Annual Report on Human Rights and Democracy more concise and systematic, and to make it more widely available to the general public; reiterates its belief that the Annual Report should be strengthened by a more objective approach whereby, in addition to achievements and best practices, the report would highlight very specific challenges and constraints faced in third countries, as well as make recommendations for corrective action and information of measures taken by the EEAS to overcome these challenges; reiterates its view that country reports that form part of the Annual Report should be as little descriptive as possible and should reflect the implementation of Human Rights and Democracy Country Strategies and give an overview of the impact of the EU’s actions on the ground;

15.

Reiterates its call for systematic and comprehensive reporting on the steps taken, the results achieved and the political conclusions drawn from action in response to resolutions adopted by Parliament on cases of breaches of human rights, democracy and the rule of law; insists on the need to ensure a rapid and appropriate responses to human rights infringements, even in the early stages of such violations; welcomes, in this regard, the follow-up made by the EEAS within the Subcommittee on Human Rights on resolutions concerning debates on cases of breaches of human rights, democracy and the rule of law; recalls its request for a comprehensive written response from the Commission and the EEAS to Parliament’s resolution on the Annual Report on Human Rights and Democracy, which play an important role in a systematic and in-depth follow-up to all the points raised by Parliament, and in parliamentary scrutiny; reiterates its invitation to the VP/HR to participate in a debate with the Members of the European Parliament in two plenary sessions per year, one at the time the EU Annual Report is presented, and the other in response to Parliament’s resolution;

EU Special Representative (EUSR) for Human Rights

16.

Recalls the importance of a stronger and more flexible mandate for the EUSR in enhancing the EU’s effectiveness, consistency and visibility in advancing human rights and democratic principles around the world; reiterates its call for this mandate to become a permanent one; considers, moreover, that the EUSR should have the right to speak publicly, and to have own-initiative powers, higher public visibility and adequate resources and expertise;

17.

Stresses the importance of systematic support for, and genuine and in-depth consultation with, civil society in preparation of the EUSR’s visits to partner countries; welcomes in this respect the EUSR’s strong engagement with HRDs and civil society, including local representatives, youth and children, as well with relevant international organisations, ahead of, during and in follow-up to their visits to third countries, and stresses the importance of continued and ever-stronger engagement on these lines, as well as the need for clear and transparent follow-up mechanisms; fully supports the EUSR’s focus, as a key priority during his mandate, on the promotion and protection of an open space for civil society and HRDs; calls on the EUSR regularly to report to Parliament after his visits; regrets that the work and the impact of the EUSR can only be partially accessed through a review of the Annual Report on Human Rights, his social media accounts and available speeches; regrets as well that there is no official information on his activities and plans, nor any progress reports or reviews;

18.

Encourages the EUSR to continue systematically to advocate for the EU’s human rights priorities, and to enhance the EU’s engagement with all relevant regional and international human rights organisations and mechanisms; calls on the Council to adopt as a general principle the practice of systematically including cooperation with the EUSR in the mandate of future geographic EUSRs;

Human Rights and Democracy Country Strategies (HRDCSs) and the role of EU Delegations

19.

Welcomes the addition of democracy to the HRDCSs as a necessary element of any comprehensive analysis of the state of human rights and democracy in partner countries;

20.

Reiterates the importance of taking into account HRDCSs at all levels of policy-making vis-à-vis third countries, including in the preparation of high-level political dialogues, Human Rights Dialogues, country strategy papers and annual action programmes;

21.

Reiterates that the HRDCSs should correspond to EU actions to be implemented in each country depending on specific situations, and should contain measurable progress indicators and the possibility to adjust them if necessary; points to the need continuously to assess HRDCSs; calls for further improvements in cooperation, communication and the exchange of information between EU Delegations, Member States’ embassies and EU institutions when drawing up and implementing the HRDCSs; reiterates its demand that the Members of the European Parliament be given access to the HRDCSs and to obtain information on how the EU implements these strategies, and that these are to be presented in a format that enables the Members to fulfil their duty of scrutiny properly;

22.

Stresses the need to implement a coherent and visible EU policy on civil society, and stresses the need for a more articulated understanding of the use of public diplomacy; encourages the publication of HRDCSs and roadmaps, and the establishment of an effective feedback, follow-up on cases and the sharing of information;

23.

Welcomes the nomination of human rights and/or gender focal points in all EU Delegations, and recalls its recommendation to the VP/HR and the EEAS to develop clear operational guidelines as to the role of human rights focal points; insists that the work of the human rights focal points should also be supported by Member States’ diplomatic staff; requests that the work of the human rights focal points be independent and free of political interference and harassment from national authorities of third countries, especially in their contacts with human rights activists and civil society; insists on the importance of training all EU Delegations staff on the contents of the EU Guidelines on Human Rights;

24.

Welcomes the increased budget and streamlined procedures of the EIDHR 2014-2020, and calls for the foreseen allocation to the EIDHR mid-term review to be maintained for the remainder of the current Multiannual Financial Framework period; reiterates the need for coherence and complementarity between the different EU funding instruments and the need to ensure that such reinforcement is applicable to all instruments that serve human rights;

25.

Calls for an annual adoption of EIDHR Annual Action Programmes, rather than, as most recently, a biennial one (2016-2017), to ensure maximum flexibility in response to developing situations, and optimal complementarity with the other EU External Financing Instruments;

Human Rights Dialogues and consultations

26.

Reiterates its support for dedicated Human Rights Dialogues and acknowledges that they can be an efficient and effective tool for bilateral engagement and cooperation, provided they allow counterparts to engage on issues of substance, send meaningful political messages and are result-oriented, with consistent follow up, that should go beyond merely exchanging information on best practices and challenges; invites the EU systematically to include discussions on the situation of the rights of women and children in all Human Rights Dialogues;

27.

Recognises the importance of engaging in human rights-specific dialogues also with countries with serious human rights problems; underlines, however, the need for the EU to draw clear political conclusions when these Human Rights Dialogues do not lead to positive outcomes; warns against side-lining human rights discussions in high-level political dialogues;

28.

Insists that discussions about human rights should never be subordinated to other interests in high-level political discussions; reiterates its call for the EEAS to develop a mechanism for reviewing Human Rights Dialogues, with a view to improving them; believes that, if such dialogues persistently fail, alternative tools to support the advancement of human rights in the country concerned should be used;

29.

Urges the EEAS systematically to carry out preparatory dialogues with civil society, also at local level, with the purpose of feeding directly into the Human Rights Dialogues; stresses the importance that the VP/HR and the EEAS systematically raise individual cases of HRDs during Human Rights Dialogues; calls on the EEAS systematically to follow up on the commitments made during Human Rights Dialogues and to systematise debriefing meetings with CSOs;

EU Guidelines on human rights

30.

Welcomes the EU Guidelines on human rights as a valuable EU human rights foreign policy tool providing practical guidance for EU Delegations and for the Member States’ diplomatic representations; reiterates its call for the adoption of new EU Guidelines for the Promotion and Protection of the Rights of the Child without further delay;

31.

Underlines firmly the importance of a continuous assessment of the implementation of the Guidelines by using clear benchmarks; urges the Commission to conduct and publish a thorough evaluation of the implementation of the Guidelines by EU Delegations and Member States’ diplomatic representations in all third countries in order to detect possible differences and gaps in implementation and remedy them; considers that, in order to ensure a proper implementation of the Guidelines, systematic and effective training is needed among EEAS and EU Delegation staff;

Fight against all forms of discrimination

32.

Condemns in the strongest terms all forms of discrimination, including those based on race, colour, gender, sexual orientation, gender identity, language, culture, religion or belief, social origin, caste, birth, age, disability or any other status; reiterates its call for a strengthened EU policy and diplomacy that should aim to eradicate all forms of discrimination, and to use every opportunity to express its grave concern over such discriminations; urges, furthermore, that the EU continues to promote the ratification and full implementation of all relevant UN conventions, such as the International Convention on the Elimination of All Forms of Racial Discrimination and the UN Convention on the Rights of Persons with Disabilities; welcomes the EEAS work on an anti-discrimination handbook;

Common Security and Defence Policy (CSDP) missions and operations

33.

Recalls the EU’s commitment to mainstream human rights and gender aspects in common security and defence policy missions, in line with the landmark UN Security Council Resolutions 1325 and 1820 on women, peace and security, and the recently adopted UN Security Council resolution 2242 making women a central component in all efforts to address global challenges; reiterates, in this context, its call on the EU and its Member States to support, in the process of building sustainable reconciliation, the systematic participation of women as a vital component of peace processes; calls, in this regard, on the EU to support, at the international level, the recognition of the added value of women’s participation in the prevention and resolution of conflicts, as well as in peacekeeping operations, humanitarian assistance and post-conflict reconstruction;

34.

Stresses that the CSDP is an instrument that not only ensures European security, but is part of the EU’s foreign policy instruments and must therefore be used towards the strengthening of furthering human rights and democracy in third countries;

35.

Calls for further European military integration to improve European armed forces’ readiness and flexibility, in order to allow them to respond to threats and to instances of grave violations of human rights, genocide or ethnic cleansing; stresses, in this regard, that the concept of ‘Responsibility to Protect’ should be consolidated into international law and that the EU, as a community of values, should lead initiatives and meaningful actions to protect civilians also when they are threatened by their own state;

36.

Stresses that migrant smuggling is linked to human trafficking and is a serious violation of human rights; points out that CSDP missions such as European Union Naval Force — Mediterranean Operation Sophia (EUNAVFOR MED) are an effective way of tackling migrant smuggling; calls on the EU to continue and step up operations of this kind;

37.

Calls on the Foreign Affairs Council and the VP/HR to request that the EU Heads of Mission and appropriate EU representatives (heads of EU Civilian Operations, Commanders of EU Military Operations and EU Special Representatives) report on cases of serious violation of IHL, and to promote the Code of Conduct regarding Security Council action against genocide, crimes against humanity or war crimes, committing UN Member States to support action by the Security Council aimed at preventing or ending such crimes; calls for the integration of child safeguarding policies in the operations of all EU civilian and military operations in contact with children;

38.

Requests that the EU strengthens its cooperation with the UN in the context of formulating a common strategic vision on security on the basis of, on the one hand, the new EU Global Strategy on Foreign and Security Policy and, on the other, the UN’s revision of its peace operations and its peacebuilding architecture; insists that there be cooperation with the UN in strengthening the role and capacity of regional and sub-regional organisations in peacekeeping, conflict prevention, civilian and military crisis management, and conflict resolution, and that procedures for the use of the CSDP in support of UN operations be developed further, including through the deployment of EU battlegroups, or through capacity-building and Security Sector Reform initiatives, while human rights and gender are mainstreamed into the work of the mission and operation;

Multilateral engagement for human rights

39.

Firmly reiterates that human rights, as enshrined in UN conventions, are universal, indivisible, inter-dependent and inter-related, as agreed in the 1993 Vienna Declaration and Programme of Action, and that respect for these rights must be enforced; recalls the Union’s commitment to promote and develop international law under the UN; stresses that it is important that the Member States ratify all international human rights instruments established by the UN, including those enshrined in the International Covenant on Economic, Social and Cultural Rights, and, notably, the Optional Protocol establishing complaints and inquiry mechanisms, in conformity with Article 21 TEU;

40.

Underlines the need for the EU leadership to push for reforms of the UN with the goal of strengthening the impact and strength of the rules-based multilateral system, and of ensuring more efficient human rights protection and the advancement of international law; reiterates, furthermore, the importance of ensuring that the EU engages actively and consistently in UN human rights mechanisms, in particular with the Third Committee, the General Assembly (UNGA) and the UNHRC, in order to improve its credibility; supports efforts made by the EEAS, the EU Delegations in New York and Geneva, and the Member States further to increase EU coherence on human rights issues at the UN; encourages the EU to intensify the practice of cross-regional initiatives, to initiate and co-sponsor resolutions, and to closely follow the UN Universal Periodic Review (UPR) procedure; condemns the fact that seats on the UNHRC are often occupied by countries with proven track record of grave human rights violations, and calls on the EU Member States to publicise their UNHRC votes; calls, in this regard, on the EU and its Member States to reflect the equal importance of rights in their voting patterns, and to determine their vote on UNHRC resolutions on the basis of the substance rather than on the authors of these texts; stresses the importance of, and the need for, permanent EU representation in all multilateral forums and for stronger visibility of EU action;

41.

Calls on the EU to bear particular attention to the disputed territories of its Eastern neighbourhood, where around five million people live without real human rights protection and access to justice; calls on the EU to put this issue on top of the bilateral agenda for solutions with the concerned States and to use the full range of its instruments to support concrete solutions to advance human rights in these entities and to support the work of HRDs there;

Promoting a free space for civil society and supporting human rights defenders (HRDs)

42.

Strongly condemns any attack, intimidation, arrest, killing, harassment or repression of prosecutors, judges, lawyers, academics and journalists, or of members of any other profession whose independence and professional freedom are essential to the building of a democratic society;

43.

Regrets the increasing number of attacks against environmental and HRDs worldwide; strongly condemns impunity towards their murders and calls on the EEAS to advocate demands that those responsible be brought to justice;

44.

Strongly condemns the fact that many countries worldwide have recently passed strict NGO laws that debilitate civil society and lead to their arbitrary application, with punishments including imprisonment, the freezing of assets and access bans for NGO staff members, especially towards those receiving foreign public funds;

45.

Strongly condemns the issuing of travel bans by authorities as a tool to intimidate and silence independent voices of HRDs and activists, as well as of lawyers and journalists, and emphasises that these measures are often taken arbitrarily and without judicial grounds;

46.

Highlights the role of EU Delegations in reaffirming and promoting the crucial role civil society plays in a democracy, and in creating an enabling environment for civil society, requiring a maximum of transparency and inclusion in their cooperation with CSOs and HRDs; regrets, therefore, that, ten years after the adoption of the EU Guidelines on Human Rights Defenders, the contact information of Human Rights Focal Points / Liaison Officers for Human Rights Defenders are still not included on the websites of all EU Delegations;

47.

Calls on the VP/HR and the EU foreign ministers to place on the agenda of the Foreign Affairs Council, on a regular basis, a discussion of EU efforts to pursue the release of HRDs, aid workers, journalists, political activists and others, and to arrange a public annual Foreign Affairs Council with an agenda that includes the shrinking space for civil society and the jailing of HRDs, as well as to address these cases with relevant counterparts on all occasions, including those raised in Parliament’s resolutions concerning debates on cases of breaches of human rights, democracy and the rule of law;

48.

Calls on the international community to bring political leaders to justice when they abuse police and military force in a structural way to silence protests against (the prolonging of) their leadership;

Migrants, refugees, asylum seekers and internally displaced persons (IDPs)

49.

Expresses its solidarity with the refugees and migrants who suffer grave human rights violations in high numbers, as victims of conflicts, governance failure and trafficking networks; condemns the dramatic number of deaths at sea in the Mediterranean; is extremely concerned about the growing number of human rights abuses against refugees, irregular migrants and asylum seekers on their route to Europe; highlights the fact that women and child refugees, asylum seekers and undocumented migrants are particularly vulnerable on migrant routes and within the EU itself; calls urgently for measures to improve the coherence of the migration policies, and stresses the need for a holistic approach to find sustainable, long-term and coherent solutions, based on international human rights standards and principles while tackling the root causes of the refugee crisis; underlines the need for solidarity in order to protect migrants and refugees, in line with human rights-based EU policies; highlights, in this regard, the importance of differentiating between refugees and migrants;

50.

Underlines the fact that conflicts, wars, failures of governance and the lack of respect for human rights and democracy constitute key causes for migration and displacement; stresses that full access to free, public and quality education and healthcare services, including sexual and reproductive health and rights, and access to the labour market, and to housing that meets the needs of refugees, should be provided by host countries; emphasises that the migrants’ and refugees’ willingness to integrate, together with appropriate welfare policies, are key to integration; calls on the EU to increase efforts to support Lebanon and Jordan, which shelter unprecedented numbers of refugees, who often face multiple threats;

51.

Highlights the need to strengthen cooperation with countries of origin and transit with a view to facilitating both the structured management of migration flows and action to address the underlying causes of emigration; stresses that it is vital to combat the groups involved in migrant smuggling; points out that the EU needs to encourage the countries concerned to sign the Palermo Protocol against migrant smuggling; recalls the commitments agreed on at the Valletta summit;

52.

Stresses the urgent need to develop and introduce a comprehensive, coherent and well-coordinated Common European Asylum System, sharing the responsibility among the Member States;

53.

Calls on the EU and the Member States to establish full transparency concerning the funds allocated to third countries for cooperation on migration, and to communicate the safeguards set to ensure that such cooperation does not benefit, directly or indirectly, security, police and justice systems involved in human rights violations;

54.

Acknowledges the recent Commission proposal for a Union list of safe countries of origin, amending the Asylum Procedures Directive;

55.

Considers that, in order to increase the efficiency of readmissions and to ensure the coherence of returns at a European level, it will be necessary to adopt new EU readmission agreements, which should take preference over bilateral agreements between Member States and third countries;

56.

Calls on the Commission and the Member States to ensure that implementation of the Returns Directive goes hand in hand with respect for the procedures, standards and fundamental human rights which allow the EU to ensure humane and dignified treatment of returnees, in line with the principle of non-refoulement; urges the EU and the Member States to pay particular attention to asylum cases relating to possible political persecution, so as to prevent any return that could potentially entail a violation of human rights in the country of origin or a third country;

57.

Reiterates its call on the EU to ensure that all migration, cooperation and readmission agreements with non-EU states comply with international human rights, refugee law and international maritime law, as well as with EU principles and values; calls on the Member States to respect the international principle of non-refoulement, in accordance with international law; requests that monitoring mechanisms be integrated in such a way that allows the human rights impact of cooperation on migration with non-EU states, and border control measures, to be evaluated; insists that human rights need to be mainstreamed and monitored in all activities carried out by Frontex; calls on the EU actively to participate in the debate on the term ‘climate refugee’, including its possible legal definition in international law;

58.

Calls, furthermore, for a clause to indicate that these agreements could be suspended until the parties effectively grant sufficient guarantees regarding the individual examination of asylum claims and, more generally, the respect for the human rights of migrants, asylum seekers and refugees;

59.

Recalls the need to respect the principle of non-refoulement in European and international waters, as upheld by the European Court of Human Rights and existing EU legislation; recalls the commitment to develop adequate legal and safe migration channels while better protecting the EU’s external borders; calls on the EU and more developed third countries to conclude partnership agreements with other nations to facilitate family reunification and mobility for persons of all skills levels, including the least qualified;

60.

Calls on the Member States to respect and fully implement the adopted EU common asylum package and the common migration legislation, particularly to safeguard vulnerable asylum seekers such as children, women, elderly people and LGBTI people, against violence and discrimination during the asylum process, and to provide appropriate training to Member States to enable appropriate and sensible proceedings; calls on the Member States to participate in resettlement programmes, giving access to family reunification and granting humanitarian visas; stresses the importance of addressing administrative and political obstacles to a speedy implementation of relocation commitments; understands that the safe return of those who, following individual assessment of their asylum application, are not eligible for protection in the Union must be carried out;

61.

Is deeply concerned about the growing numbers of child refugees and about the situation of unaccompanied, missing or separated children; urges the Member States to make it an absolute priority swiftly to reunite unaccompanied minors with family members; stresses the importance of providing children with access to health care and education as part of EU programmes to address the root causes of migration; calls on states to end the detention of children, as well as to take into account the best interest of the child in all procedures and ensure protection for children according to international law; highlights the importance of allocating adequate resources to the protection of refugee and migrant children from violence, exploitation and abuse; calls on the Commission to ensure that unaccompanied minors do not disappear, and to design a strategy for avoiding that, in the future, unaccompanied migrant minors go missing on EU-territory and for finding the whereabouts of missing children;

62.

Recognises that during their journey and on arrival in the country where they seek asylum, LGBTI asylum seekers are often at risk of additional dangers, which can take the form of harassment, exclusion, sexual violence or other forms of violence; recalls that a number of third countries deemed ‘safe’ for asylum seekers discriminate against LGBTI people or even criminalise homosexuality; emphasises that vulnerable groups require additional safeguards, and calls on states to ensure that LGBTI refugees are protected as required by IHL;

63.

Highlights the importance of investing in preventive measures, namely through the development of strategies of integration and social inclusion; stresses the need to implement specific de-radicalisation and re-integration programmes targeting returnees;

64.

Draws attention to the problematic situation concerning refugees in Syria’s neighbouring states, and considers it important for the EU to do everything in its power to help ensure that refugees in these countries are guaranteed decent living conditions, and, in particular, access to healthcare, education and employment possibilities;

65.

Highlights the dramatic situation of IDPs, especially of the enormous number of IDPs in Iraq and Syria, as well as of the increasing number of IDPs in Ukraine, together totalling 1,4 million in 2015; stresses that programmes on refugees in a region need to acknowledge and incorporate the potential fate of IDPs as well; calls on the Commission, the Member States and the international community to take steps to improve their situation on the ground and to ensure that displaced persons have access to housing, food, healthcare and education;

66.

Recalls how, according to the Internal Displacement Monitoring Centre (IDMC), 19,3 million people were displaced in 2015 alone in the wake of environmental disasters; recalls that this displacement above all concerns regions of the South; points out that 85 % of these displacements occur in developing countries, primarily within one country or parts of countries;

Trafficking in human beings

67.

Calls on the EU to make the fight against trafficking in human beings a priority in its external policies, addressing both the demand and supply side of the phenomenon, to pay particular attention to the protection of victims and to increase communication and cooperation with relevant actors in the fight against trafficking in human beings; reiterates the need for all Member States to implement Directive 2011/36/EU and the EU Strategy towards the Eradication of Trafficking in Human Beings;

68.

Recalls that criminal networks are taking advantage of the increasing migration pressures, the lack of safe migration channels and of the vulnerability of migrants and refugees, especially women, girls and children, in order to subject them to smuggling, trafficking in human beings, slavery and sexual exploitation;

69.

Urges the EU and its Member States to pay attention to the identification of refugees and migrants as victims of trafficking in human beings or as victims of violations and abuse as part of smuggling; calls, in this context, for training of border guards to ensure accurate identification, which is fundamental to the realisation of the rights to which victims are legally entitled;

70.

Welcomes the increase in resources for the Triton and Poseidon operations; notes the launch of the EUNAVFOR MED Operation Sophia against smugglers and traffickers in the Mediterranean and supports the reinforcement of the management of the Union’s external borders;

71.

Calls on the EU and its Member States to ratify and implement the International Convention on the Rights of All Migrant Workers and Members of their Families;

The links between development, democracy and human rights

72.

Expresses its profound concern over the rise of extreme poverty and inequality across certain parts of the world, which jeopardises the full enjoyment of all human rights; believes that respect for human rights and the right to development are intrinsically linked; stresses that respect for human rights, including social and economic rights, gender equality, good governance, upholding democracy and the rule of law, and peace and security are prerequisites for eradicating poverty and inequalities;

73.

Welcomes the 2030 Agenda for Sustainable Development; emphasises that EU development cooperation with third countries should aim at creating an international environment conducive to the realisation of social and economic rights, and calls for the implementation of the 1986 UN Declaration on the Right to Development; recalls the crucial importance of the principle of Policy Coherence for Development (PCD), as enshrined in Article 208 TFEU, in achieving respect for human rights; calls on the EU to ensure that the necessary guidelines, impact assessments and monitoring and reporting mechanisms make PCD a reality in EU policies and in those of its Member States; believes that the implementation of PCD, as enshrined in Article 208 TFEU, and clearly defined results frameworks in all EU instruments and human rights mechanisms are crucial to fulfil the 2030 Agenda, ensure the inclusion of marginalised and vulnerable groups, and mainstream a human rights-based approach (RBA); insists on strengthening coherence and coordination among all EU external policies and instruments while implementing the RBA; calls on the Member States to take action within the scope of their powers and in keeping with the development commitments entered into and with EU policies in this area; calls on the Commission to carry out an evaluation of the use of the RBA toolbox in Delegations and to provide Parliament with an overview of that evaluation;

74.

Recalls the introduction of an RBA in EU development policy aimed at integrating human rights principles into EU operational activities for development, covering arrangements, both at headquarters and in the field, for the synchronisation of human rights and development cooperation activities; calls for greater dissemination of the RBA toolbox among our partners, including local authorities, civil society and the private sector, and for its implementation to be closely monitored by the Commission;

75.

Takes the view that human rights for all must be a cross-cutting feature in the achievement of all goals and targets of the 2030 Agenda; calls for an inclusive human-rights-sensitive and rights-based Sustainable Development Goal indicator framework to be established at national and international level in order to ensure strong transparency and accountability in this regard, so that the resources allocated to development really reach people in need;

76.

Reaffirms the urgent need properly to address the global challenge of poverty and of malnutrition-related and neglected diseases; calls for an ambitious long-term political strategy and plan of action on global health, innovation and access to medicines that includes, inter alia, investment in research and development, so as to safeguard the right to a standard of living adequate for the health and wellbeing of every human being, without discrimination on grounds of race, religion, political belief, economic or social condition, gender identity or sexual orientation;

77.

Is concerned about any attempts to use funding earmarked for action to combat poverty and foster development — which also gives practical effect to policies whose ultimate aim is to uphold human rights — for non-development-related purposes; stresses that development aid should aim at eradicating poverty, and not merely become an instrument aimed at controlling migration, and recalls the importance of Sustainable Development Goal 16 on Peace, Justice and Strong Institutions for pursuing improvements in human rights and effective democratic governance; believes that in order to ensure the transparency of EU aid and the accountability of the recipient countries, an anti-corruption clause should be introduced in all development programmes, and that consolidation of the rule of law, good governance, institutional capacities with the use of budget support, democratic participation and representative decision-making, stability, social justice, and inclusive and sustainable growth, allowing fair redistribution of the wealth produced, should be key objectives of all EU external policies; warns against populism, extremism and constitutional abuses that legitimise breaches of human rights;

78.

Notes the persistent financing gap, due to increasing humanitarian needs, with regard to humanitarian aid, and the shortcomings in the World Food Programme resulting in the cutting of food supplies; calls on the UN Member States, and on the EU and its Member States to, at the very least, honour their financial pledges; notes, in this regard, that most EU Member States have not reached their 0,7 % GDP commitment to development aid, but welcomes the EU’s commitments with regard to humanitarian aid and civil protection, the EU and its Member States being the largest donor;

79.

Welcomes the new European External Investment Plan (EEIP) and the Africa Trust Fund that aim to address the root causes of poverty, inequalities and irregular migration by creating sustainable growth and jobs, and to encourage respect for human rights and private investment in Africa and the EU Neighbourhood; requests that the European Regional Development Fund be temporarily used in the EU neighbouring countries so as to contribute to their stabilisation;

80.

Welcomes the inclusion of a development chapter in the EU Annual Report on Human Rights and Democracy in the World in 2015 and calls for this to become standard practice for future years’ reports;

Trade, business and human rights

81.

Calls for the swift, effective and comprehensive implementation of the UN Guiding Principles on Business and Human Rights; urges all UN Member States, including the EU Member States, to develop and implement national action plans; considers that trade and human rights can go hand in hand and that the business community has an important role to play in promoting human rights and democracy;

82.

Reaffirms the urgent need to act in a continuous, effective and coherent manner at all levels, including national, European and international, in order effectively to address human rights abuses and corruption by international corporations when they occur, and to ensure that they can be held accountable, including by addressing the legal problems resulting from the extra-territorial dimension of companies and their conduct;

83.

Calls on the UN, and on the EU and its Member States, to raise with multinational and European enterprises the issues of land grabbing and the treatment of land rights defenders, who are often victims of reprisals, including threats, harassment, arbitrary arrest, assault and murder;

84.

Warmly welcomes the work initiated in preparation for a binding UN Treaty on Business and Human Rights; regrets any obstructive behaviour in relation to this process, and calls on the EU and its Member States to engage constructively in these negotiations;

85.

Recalls the different but complementary roles of states and companies with regard to human rights protection; strongly reiterates that, where human rights abuses occur, states must grant the victims access to effective remedy; recalls, in this context, that respect for human rights by third countries, including guarantees of effective remedy for all victims of such abuses, constitutes an essential element of the EU’s external relations with these countries; welcomes the fact that the EU has played a leading role in negotiating and implementing a number of initiatives for global responsibility, which go hand in hand with the promotion of, and respect for, international standards; welcomes the Council’s conclusions on business and human rights adopted on 20 June 2016 and the fact that they invite the National Action Plans (NAPs) on Business and Human Rights to include access to remedy;

86.

Reiterates that attention needs to be drawn to the special features of SMEs, which mainly operate at local and regional level inside specific sectors; considers it essential, therefore, for Union CSR policies, including national CSR action plans, to take proper account of the specific requirements of SMEs, to be in keeping with the ‘think small first’ principle, and to recognise the informal, intuitive SME approach to CSR; voices again its opposition to all measures that could result in additional administrative or financial constraints for SMEs, and its support for measures enabling SMEs to take joint action;

87.

Calls on the Commission and the Member States to guarantee policy coherence on business and human rights at all levels, in particular in relation to the Union’s trade policy; invites the Commission and the Member States to report regularly on the steps taken to ensure effective protection of human rights in the context of business activity;

88.

Reiterates its strong call for the systematic introduction of human rights clauses in all international agreements, including trade and investment agreements concluded and to be concluded between the EU and third countries; sees a need, moreover, for ex ante monitoring mechanisms before any framework agreement is concluded, and on which such conclusion is made conditional as a fundamental part of the agreement, and for ex post monitoring mechanisms that enable tangible action to be taken in response to infringements of these clauses, such as appropriate sanctions as stipulated in the human rights clauses of the agreement, including (temporary) suspension of the agreement;

89.

Calls for the setting up of mechanisms aimed at ensuring respect for human rights by states and companies alike, and for the setting up of complaint mechanisms for people whose rights are violated by trade and investment agreements;

90.

Notes the Commission’s legislative proposal of 28 September 2016 amending Regulation (EC) No 428/2009 for the control of exports of dual-use items and technologies (COM(2016)0616), which seeks to strengthen this control in view of the fact that certain items and technologies can be misused to commit serious human rights violations;

91.

Welcomes the agreement to update the EU’s export controls with regard to goods that could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment, and calls for the effective and full implementation of this key legislation; encourages the EU and its Member States to encourage third countries to consider adopting similar legislation, as well as to launch an initiative to promote an international framework on tools of torture and capital punishment; welcomes the initiative for a regulation setting up a system of supply chain due diligence for responsible sourcing of minerals from conflict-affected areas; welcomes the Commission’s proposal to update the EU’s dual-use export control legislation; stresses that human rights as a criteria for export licences is a priority for Parliament, and calls on the Member States finally to agree to move towards a more modern, flexible and human rights-based export policy; calls on the Member States to exercise stricter and more human rights-based arms export controls, especially when it comes to countries with proven track records of violent internal repression and human rights violations;

92.

Welcomes the adoption of the Commission’s new trade strategy ‘Trade for All’, in which it aims to mainstream human rights in trade policy and use the EU’s position as a trading bloc to leverage human rights in third countries; stresses that this will need full consistency and complementarity of trade and foreign policy initiatives, including close cooperation between the different Directorate Generals, the EEAS and Member States authorities; notes the Commission’s plans to strengthen European economic diplomacy and stresses that trade policy should also contribute to sustainable growth in third countries; calls on the Commission to engage all stakeholders in the discussion on the regulatory framework and business obligations in countries where private and public investment are likely to increase; urges the Commission to ensure that the projects supported by the EIB are in line with EU policies, and recommends improving ex-post controls assessing the economic, social and environmental impact of EIB-supported projects;

93.

Welcomes the new Generalised Scheme of Preferences Regulation (GSP), which entered into force on 1 January 2014, as a key EU trade policy instrument to promote human and labour rights, environmental protection and good governance in vulnerable developing countries; welcomes, in particular, that GSP+ trade benefits are inherently and legally conditional upon the continued implementation of international human rights conventions; welcomes the publication of the Commission’s first biennial status report on the implementation of the GSP+, and the dialogue on this report with Parliament before its publication; notes that infringements of core labour standards have been reported in several countries with GSP+ status, and urges the genuine enforcement of GSP+ to be implemented; calls on the Commission to explore possibilities to include the Rome Statute of the International Criminal Court in the list of conventions required for GSP+ status, and calls on GSP+ applicants that are not state parties to the Statute to ratify it;

94.

Welcomes the fact that 14 countries have been granted especially advantageous trade preferences under the new GSP+, in force since 1 January 2014, and welcomes as well the much-urged compliance with 27 international conventions (including conventions on fundamental human rights and labour rights);

95.

Reiterates its strong call for comprehensive, prior human rights impact assessments that in a substantive way take into account the views of civil society for all trade and investment agreements;

96.

Welcomes the adoption of new guidelines on the analysis of human rights impacts in impact assessments for trade-related policy initiatives (60), but is deeply concerned by the quality of the human rights considerations in the Sustainability Impact Assessment (SIA) of the EU-Myanmar Investment Protection Agreement, and by the fact that the Commission did not carry out a human rights impact assessment for the EU-Vietnam Free Trade Agreement; reiterates its support for a comprehensive assessment to be conducted as part of the ex-post evaluation of these agreements;

Sport and human rights

97.

Is concerned about the awarding of the hosting of mega-sporting events to countries with very poor human rights records, such as the FIFA World Cup in Russia in 2018 and in Qatar in 2022, and the Olympic Games in Beijing in 2022, and human rights abuses caused by mega-sporting events, including forced evictions without consultation or compensation of the populations concerned, the exploitation of vulnerable groups such as children and migrant workers, which may amount to slavery, and the silencing of CSOs denouncing such violations of human rights; calls on the International Olympic Committee and the International Association of Football Federations (FIFA) to align their practices with the ideals of sport by putting in place safeguard mechanisms to prevent, monitor and provide remedy to all human rights abuses connected to mega sporting events; calls for the development of an EU policy framework on sport and human rights; calls on the EU and its Member States to engage with national sports federations, corporate actors and CSOs on the modalities of their participation in such events;

Persons with disabilities

98.

Welcomes the new Objectives 12 and 16, especially sub point 16f, in the Council Conclusions on the Action Plan on Human Rights and Democracy 2015-2019, and calls on the Commission to ensure that implementation of the Convention on the Rights of Persons with Disabilities (CRPD) is raised systematically in human rights dialogues with third countries; notes that the specific nature of the needs of persons with disabilities in the context of non-discrimination efforts have to be taken into account; urges the thorough examination of the effectiveness of disability-related projects and of the proper involvement of disabled persons’ organisations in the planning and implementation of these projects;

99.

Calls on the Member States to ensure that people with a disability have genuine freedom of movement in public spaces and thus equality of opportunity to participate in public life;

100.

Strongly urges the mainstreaming of the human rights of persons with disabilities in all EU external policies and actions, especially in EU migration and refugee policies, providing an appropriate response to their specific needs, as they suffer from multiple discrimination; recalls that women and children with disabilities experience multiple discrimination and are often at greater risk of suffering violence, abuse, maltreatment or exploitation; strongly supports the recommendation to mainstream a gender perspective in all the EU’s disability strategies, including its external policies and action;

101.

Encourages the VP/HR to continue to support the process of ratification and implementation of the UN Convention on the Rights of Persons with Disabilities by those countries that have not ratified or implemented it as yet; notes that the EU should lead by example through the domestic effective implementation of the UN CRPD; calls for the EU to take a leading role in the implementation of an inclusive 2030 Agenda for Sustainable Development which would ensure that no one is left behind, as advised by the CRPD Committee in the Concluding Observations to its review of the implementation of the Convention in the EU;

Rights of women and children

102.

Welcomes the adoption of the Gender Action Plan (2016-2020) which provides a comprehensive list of actions to improve the situation of women with regard to equal rights and empowerment; stresses that it should be implemented together with the Action Plan on Human Rights and Democracy, to ensure the recognition of women’s rights as such; welcomes as well the adoption of the Strategic Engagement for Gender Equality (2016-2019), which promotes gender equality and women’s rights across the world; reaffirms that women’s rights cannot be compromised in deference to specific proscriptions by any religion or belief; requests that the EU step up its support to the implementation of the obligations and commitments in the area of women’s rights arising from the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), the Beijing Platform for Action, the Cairo Declaration on Population and Development and their respective outcome reviews, and the Sustainable Development Goals; stresses the importance of not undermining the acquis of the Beijing and Cairo Platforms for Action regarding access to education and health as a basic human right, and the protection of sexual and reproductive rights, and to ensure that all necessary safe medical and psychological assistance and services are provided to female war rape victims, including safe abortion, as foreseen under IHL; points out that family planning, maternal health, easy access to contraception and safe abortion, and the full range of sexual and reproductive health services are important elements in saving women’s lives, as well as in reducing infant and maternal mortality; highlights the need to place these policies at the core of development cooperation with third countries; stresses that upholding all rights of women, safeguarding the respect of their human dignity, and eliminating violence and discrimination against them are essential to realizing their human rights; stresses the right of every individual to decide freely on matters related to their sexuality, sexual and reproductive health; recognises, in this regard, the inalienable rights of women to autonomous decision-making, including on access to family planning;

103.

Reaffirms its condemnation of all forms of abuse and violence against women and children, and gender-based violence, including the harmful practices of early and forced marriages, female genital mutilation (FGM), exploitation and slavery, domestic violence, as well as the use of sexual violence as a weapon of war; considers that violence towards women is also expressed psychologically, and stresses the need to integrate gender considerations that, inter alia, promote the active participation of women in humanitarian aid, and incorporate protection strategies against sexual and gender-based violence, as well as basic health measures comprising sexual and reproductive health services; stresses that the Commission and the Member States must not only combat all violence perpetrated against women, but must also, as a matter of priority, promote access to education and fight gender stereotyping for girls and boys from an early age; calls on the EU and its Member States swiftly to ratify the Istanbul Convention in order to ensure coherence between EU internal and external action on violence against women and girls, and gender-based violence; welcomes the proposal put forward by the Commission on 4 March 2016 for the EU to accede to the Istanbul Convention, the first legally binding international instrument seeking to prevent and combat violence against women; believes that this will lend greater effectiveness and coherence to EU internal and external policies, and strengthen the EU’s responsibility and role in combating violence against women and gender-based violence at the international level; urges the Commission and the Council to do their utmost to enable the EU to sign and conclude the Convention, while also encouraging the 14 Member States which have not yet done so to sign and ratify the Istanbul Convention and ensure that the Convention is properly implemented; points to the need to ensure that health professionals, police forces, prosecutors, judges, diplomats and peacekeepers, both within the EU and in non-member countries, are properly trained to help and support victims of violence, especially women and children, in conflict situations and operations on the ground;

104.

Is deeply concerned about human rights violations affecting women and children in refugee camps and reception centres, including reported cases of sexual violence and unequal treatment of women and children; urges the EEAS to push for stricter rules and good practices in third countries; stresses the need for access to health and psychological care for women and children abused in conflict, in line with international law, and the need for continuity in the education, healthcare and food supply of children in refugee camps, in conflict areas, and in areas affected by extreme poverty and environmental extreme areas;

105.

Notes that measures to tackle gender-based violence must also address online violence, including harassment, bullying and intimidation, and work to create an online environment that is safe for women and girls;

106.

Welcomes the adoption, and supports the implementation, of the UN Security Council’s recent Resolution 2242 making women a central component in all efforts to address global challenges and calling for additional efforts to integrate the women, peace and security agendas in all the different dimensions of peacekeeping; stresses the importance of women’s equal, full and active participation in the prevention and resolution of conflicts, and in the peace negotiation and peace-building process; recommends that a quota system be introduced in order to provide a way of promoting women’s participation at all political levels;

107.

Deeply regrets that Roma people, and in particular Roma women, continue to suffer from widespread discrimination and anti-Gypsyism, which feeds the cycle of disadvantage, exclusion, segregation and marginalisation; calls on the EU and its Member States to respect in full the human rights of Roma people by ensuring the right to education, health services, employment, housing and social protection;

108.

Strongly regrets the lack of gender equality in the political sphere and women’s under-representation in political, social and economic decision-making, which undermines human rights and democracy; considers that governments should aim for gender equality in democracy-building and maintenance processes, and should combat all forms of gender discrimination within society; stresses that the electoral observation missions’ reports offer precise guidelines for the EU’s political dialogue with third countries with a view to improving women’s participation in the electoral process and the democratic life of the country;

109.

Deplores the fact that some countries still restrict women’s participation in elections;

110.

Deplores the fact that women worldwide continue to face enormous challenges in finding and keeping decent jobs, as demonstrated by the International Labour Organisation (ILO) report ‘Women at work 2016’;

111.

Regrets that the glass ceiling for women in business, the gender pay gap and the societal discouragement of female entrepreneurship are still global phenomena; calls for initiatives to empower women further, especially in the areas of self-employment and SMEs;

112.

Recalls that access to education, professional training and microcredit are essential tools for empowering women and preventing violations of their human rights;

113.

Encourages women to become actively involved in trade unions and other organisations, as this will do much to introduce gender aspects into working conditions;

114.

Urges the Member States, the Commission and the EEAS to focus on the economic and political emancipation of women in developing countries by promoting their involvement in business and in the implementation of local and regional development projects;

115.

Calls on the Commission and the Member States to implement gender budgeting in all relevant EU funding;

116.

Calls for investment in women and young people, since this is an effective way to combat poverty, and female poverty in particular;

117.

Is deeply concerned that the rapidly growing antimicrobial resistance (AMR) threat is expected to become the world’s largest cause of death, victimising in particular the vulnerable and the weak in developing countries; calls on the Commission to develop without delay a truly effective public health strategy;

Children’s rights

118.

Reaffirms the urgent need for universal ratification and effective implementation of the UN Convention on the Rights of Child and its Optional Protocols, requests that the EU systematically consult with relevant local and international child rights organisations, and raises, in its political and human rights dialogues with third countries, the issue of State parties’ obligations to implement the Convention; welcomes the ratification of the Convention by South Sudan and Somalia; reiterates its call to the Commission and the VP/HR to explore ways and means for the EU to accede to the UN Convention on the Rights of the Child;

119.

Requests that the EU continue to promote the EU-UNICEF Child Rights toolkit ‘Integrating child rights in development cooperation’ through its external Delegations, and to train EU Delegations staff adequately in this field; highlights the serious issue of non-registered children born away from their parents’ home country, an issue particularly serious in relation to refugees, and calls on the EU to raise the issue in its political dialogues with third countries, where relevant; calls on the Commission to develop policies on, and promote in international fora, the protection of children of imprisoned parents, in order to overcome their discrimination and stigmatisation; stresses that millions of children continue to suffer from malnutrition, with large numbers facing irreversible, long-term consequences and even death; calls on the Commission and the international community to introduce innovative ways to address malnutrition effectively, particularly among children, through the fullest use of the entire food chain, and thus including public-private-people partnerships (PPPPs), as well as all other available resources, in particular social media;

120.

Expresses the need for international assistance in efforts to search for and liberate women and children who still remain in the captivity of Daesh and other terrorist groups and paramilitary organisations, and in promoting special programmes for the treatment of former captives within the EU and worldwide; expresses concern over the recruitment of children and their participation in terrorist and military activities; stresses the need to establish policies to guide the search for, and the liberation, rehabilitation and reintegration of these children; stresses the need to promote policies for the disarmament, rehabilitation and reintegration of child soldiers; reiterates its request that the Commission proposes a comprehensive Child Rights Strategy and Action Plan for the next five years, in order to prioritise children’s rights within both EU external and internal policies, and to promote children’s rights, in particular by contributing to ensuring children’s access to water, sanitation, healthcare and education, including in conflict zones and refugee camps;

Rights of the elderly

121.

Welcomes Objective 16 g in the Action Plan on Human Rights and Democracy 2015-2019 that aims at increasing awareness of the human rights and specific needs of older persons; is concerned about the negative effects of age discrimination; underlines the particular challenges older persons face in the enjoyment of their human rights, such as when accessing social protection and healthcare; invites the Member States to use the current review of the Madrid International Plan of Action on Ageing to map the implementation of existing instruments and to identify potential gaps; calls on the EU and its Member States to be actively involved in the UN Open-Ended Working Group on Ageing and to step up their efforts to protect and promote the rights of older people, including by considering the elaboration of a new legal instrument;

Rights of lesbian, gay, bisexual, transgender and intersex (LGBTI) persons

122.

Is deeply concerned about the increase in violence and discrimination against LGBTI people; firmly condemns the recent increase in discriminatory laws and acts of violence against individuals based on their sexual orientation, gender identity and sex characteristics, and the fact that 73 countries still criminalise homosexuality (including by charges of ‘debauchery’ against LGBTI people), of which 13 (61) countries allow the death penalty, while 20 countries still criminalise transgender identities; expresses strong concern over so-called ‘propaganda laws’ that seek to limit the freedom of expression and assembly of LGBTI people, and of those who support their rights; calls on all states with such laws to withdraw these provisions; strongly condemns the increasing restrictions of, and the challenging operating conditions on, the freedom of assembly and association of LGBTI groups and rights defenders, and events and protests such as Pride marches, where in some instances protesters have been met with violent responses from authorities; reaffirms the crucial role of these fundamental freedoms in the functioning of democratic societies, and the responsibility of states in ensuring that such rights are upheld and that those exercising them are protected; requests that the EEAS prioritise and strengthen its actions in countries with a prevalence of violence, killings, abuse and discrimination directed against LGBTI people, by condemning these practices in accordance with the EU Guidelines on the Death Penalty and the EU Guidelines on Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, and by continuing to work with the UN High Commissioner for Human Rights in this field; stresses the importance of supporting the work of LGBTI HRDs, through increased support and resources for effective programming, by launching awareness campaigns, also financed via the EIDHR, among the general public on the discrimination and violence directed against LGBTI people, and by ensuring the provision of emergency assistance to those in need of such support; calls on the EU Delegations and the relevant institutions actively to promote these rights and fundamental freedoms;

123.

Welcomes the Foreign Affairs Council Guidelines to promote and protect the enjoyment of all human rights by LGBTI persons, adopted on 24 June 2013; calls on the EEAS and the Commission to push for a more strategic and systematic implementation of the guidelines, including through awareness raising and training of EU staff in third countries, in order to effectively raise the issue of LGBTI rights in political and human rights dialogues with third countries, and in multilateral fora; emphasises the importance of making the EU Guidelines to Promote and Protect the Enjoyment of all Human Rights widely available to LGBTI persons; calls for concrete actions to increase coherence between internal and external EU policies on LGBTI rights;

124.

Encourages the EU institutions and the Member States to contribute further to reflections on the recognition of same-sex marriages or same-sex civil unions as a political, social, human and civil rights issue; welcomes the fact that an increasing number of countries respect the right to found a family through marriage, civil partnership and adoption without discrimination on grounds of sexual orientation, and calls on the Commission and the Member States to elaborate proposals for the mutual recognition of these unions and of same-sex families across the EU so as to ensure equal treatment with regard to work, free movement, taxation and social security, protecting the incomes of families and children;

Rights of indigenous people and of persons belonging to minorities

125.

Is deeply concerned that indigenous peoples are still in particular danger of being discriminated against, and are especially vulnerable to political, economic, environmental and labour-related changes and disturbances; notes that most live below the poverty threshold and have little or no access to political representation and decision-making, contrary to their right to free, prior and informed consent, as ensured in the United Nations Declaration for the Rights of Indigenous Peoples and recognised in the 2005 European Consensus on Development; is particularly concerned about reported widespread and growing human rights abuses against indigenous peoples, such as the persecution, arbitrary arrests and killings of HRDs, and forced displacement, land-grabbing and corporate violations;

126.

Notes with deep concern that indigenous peoples are particularly affected by human rights violations related to resource extraction; calls on the Commission and the EEAS to support rigorous legal frameworks and initiatives aiming at ensuring transparency and good governance in mining and other resource sectors, and thereby respect for local people’s free, prior and informed consent and for the UN Declaration on the Rights of Indigenous Peoples; calls on the EU Delegations to strengthen the dialogue with indigenous peoples on the ground further in order to identify and prevent human rights violations;

127.

Emphasises that as minority communities have specific needs, full and effective equality between persons belonging to a minority and those belonging to the majority should be promoted in all areas of economic, social, political and cultural life; urges the Commission to follow closely the implementation of provisions protecting the rights of persons belonging to minorities throughout the enlargement process;

Rights of persons affected by caste discrimination

128.

Condemns the continuing human rights violations committed against people suffering from caste hierarchies and caste-based discrimination, including the denial of equality and of access to the legal system and to employment, and the continued segregation and caste-induced barriers to the achievement of basic human rights and development; is deeply concerned by the alarming rate of caste-based violent attacks on Dalits and of institutionalised discrimination with impunity; reiterates its call for an EU policy development on caste discrimination, and calls on the EU to use every opportunity to express its grave concern over caste discrimination;

International Criminal Court (ICC) / transitional justice

129.

Recalls the universality of the ICC and reiterates its full support for its work; stresses the important role it plays in ending impunity for the perpetrators of the most serious crimes of concern to the international community, and in providing justice for the victims of war crimes, crimes against humanity and genocide; remains vigilant against any attempts to undermine the ICC’s legitimacy or independence;

130.

Recalls its resolution of 4 February 2016 calling on the members of the UN Security Council to support a referral by the Security Council to the ICC in order to investigate violations committed in Iraq and Syria by the so-called ISIS/Daesh against Christians (Chaldeans/Syriacs/Assyrians), Yazidis and other religious and ethnic minorities;

131.

Welcomes the declaration issued by Ukraine accepting the jurisdiction of the ICC for crimes committed in the country since 20 February 2014, as this declaration paves the way for the ICC prosecutor to consider whether the court could investigate abuses committed during the armed conflict, even though Ukraine is not yet an ICC member country;

132.

Welcomes the Council conclusions on the EU’s support to transitional justice, and welcomes the EU’s Policy Framework on support to transitional justice, the EU being the first regional organisation to adopt such a policy; calls on the EU, its Member States and its Special Representatives actively to promote the ICC, the enforcement of its decisions and the fight against impunity for Rome Statute crimes, and expresses serious concern about the fact that several arrest warrants have still not been executed; urges the EU and its Member States to cooperate with the Court, and to continue to provide strong diplomatic and political support to efforts to strengthen and expand the relationship between the ICC and the UN, in particular in the context of the UN Security Council, and to take steps to prevent and respond effectively to instances of non-cooperation with the ICC; reiterates its call on the EU to adopt a common position on the crime of aggression and on the Kampala Amendments, and calls on the Member States to align their national legislation with the definitions set out in the Kampala Amendments, and to enhance cooperation with the Court; deplores the defiance towards the ICC shown by several countries by withdrawing or threatening to withdraw from the ICC’s jurisdiction;

133.

Reiterates its call for the creation of an EU Special Representative on International Justice and International Humanitarian Law in order to give these topics the prominence and visibility they deserve, to advance the EU agenda effectively and to mainstream the EU’s commitment to the fight against impunity and for the ICC across EU foreign policies;

134.

Calls on the EU and its Member States to provide the ICC with adequate funding and to enhance their support for the international criminal justice system, including transitional justice;

International humanitarian law (IHL)

135.

Condemns the lack of respect for IHL, and expresses its grave concern over the alarmingly increasing rate of collateral damage in armed conflicts around the world, and of deadly attacks against hospitals, schools, humanitarian convoys and other civilian targets; expresses its serious concerns about the rising influence of non-state actors’ actions in conflicts around the world, and urges the EU to use all instruments at its disposal to enhance compliance by state and non-state actors with IHL; welcomes the pledge of the EU and the Member States to the International Committee of the Red Cross (ICRC) to strongly support the establishment of an effective mechanism for strengthening compliance with IHL, and asks the VP/HR to report to Parliament on the objectives and strategy devised in order to deliver on this pledge; urges the international community to convene an international conference to prepare a new international mechanism for tracking and collecting data, and for publicly reporting on violations of IHL, including attacks on hospitals, medical workers and ambulances; takes the view that such a mechanism could build on the existing mechanism for Children and Armed Conflict (CAAC); asks the VP/HR to present, on an annual basis, a public list of alleged perpetrators of attacks on schools and hospitals, for the purpose of defining appropriate EU action to halt such attacks;

136.

Deplores the fact that seven Member States have yet to ratify the Convention on Cluster Munitions; calls on the EU and its Member States to support a global ban on the use of white phosphorus, notably through the conclusion of a new protocol to the Convention on Certain Conventional Weapons banning the use of such weapons;

137.

Calls on the Member States to ratify the principal IHL instruments and other relevant legal instruments that have an impact on IHL; acknowledges the importance of the EU Guidelines on promoting compliance with IHL, and reiterates its call on the VP/HR and the EEAS to revise their implementation in the light of the tragic events in the Middle East, notably in the context of widespread and systematic impunity for gross violations of IHL and human rights law; calls on the EU to support initiatives aiming at spreading knowledge of IHL and good practices in its application, and calls on the EU to seize all bilateral tools at its disposal effectively to promote compliance with IHL by its partners, including through political dialogue; reiterates its call on the Member States to join international efforts to prevent attacks against, and the military use of, schools by armed actors by endorsing the Safe Schools Declaration, which is designed to help end widespread military attacks on schools during armed conflict;

138.

Urges the international community to convene an international conference with a view to strengthening the effectiveness of international humanitarian rules;

139.

Reiterates its call to the VP/HR to launch an initiative aimed at imposing an EU arms embargo against countries that are accused of serious allegations of breaches of IHL, notably with regard to the deliberate targeting of civilian infrastructure; stresses that the continued licensing of weapons sales to such countries represents a breach of the Council Common Position 2008/944/CFSP of 8 December 2008; calls on the Member States to consider accepting Guantanamo inmates in the EU; emphasises the need to close the Guantanamo Bay prison as soon as possible;

Freedom of thought, conscience and religion or belief

140.

Condemns, in line with Article 10 TFEU, all acts of violence and persecution, intolerance and discrimination on the basis of ideology, religion or belief; expresses its serious concern over the continued reports of violence and persecution, intolerance and discrimination against religious and belief minorities around the world; stresses that the rights to freedom of thought, conscience, religion or belief are fundamental rights, interrelated with other human rights and fundamental freedoms, and encompassing the right to believe or not to believe, the right to manifest or not to manifest any religion or belief, and the right to adopt, change and abandon or return to a belief of one’s choice, as enshrined in Article 18 of the Universal Declaration of Human Rights, and in Article 9 of the European Convention of Human rights; calls on the EU and its Member States to engage in political discussions to repeal blasphemy laws; calls on the EU and its Member States to ensure that minorities are respected and protected worldwide, including in the Middle East, where Yazidis, Christians, Muslim minorities and atheists are being persecuted by Daesh and other terrorist groups; deplores the abuse of religion or belief for terrorist purposes;

141.

Supports the EU’s commitment to promote the right to freedom of religion or belief within international and regional forums including the UN, the OSCE, the Council of Europe and other regional mechanisms, and encourages the EU to continue tabling its yearly resolution on freedom of religion or belief at the UN and supporting the mandate of the UN Special Rapporteur on freedom of religion or belief; encourages the VP/HR and the EEAS to engage in a permanent dialogue with NGOs, religious or belief groups and religious leaders;

142.

Fully supports the EU practice of taking the lead on thematic resolutions at the UNHRC and at the UNGA on freedom of religion and belief, encourages the EU to support the mandate of the UN Special Rapporteur on freedom of religion or belief and urges countries not currently accepting requests for visits from the UN Special Rapporteur on freedom of religion or belief to do so;

143.

Calls on the EU to reinforce its existing instruments, and to adopt any other within its mandate, to ensure that the protection of religious minorities is effective worldwide;

144.

Calls for concrete action to ensure the effective implementation of the EU Guidelines on the Promotion and Protection of Freedom of Religion or Belief, including: systematic and consistent training of EU staff at Headquarters and in Delegations; reporting on country and local situations; and engaging in close cooperation with local actors, especially leaders of religious or belief groups;

145.

Is deeply concerned that in some parts of the world the position of religion or belief communities is endangered, with entire religious communities disappearing or fleeing;

146.

Highlights the fact that Christians are currently the religious group most harassed and intimidated in countries throughout the world, including in Europe, where Christian refugees routinely suffer religiously motivated persecution, and that some of the oldest Christian communities are in danger of disappearing, especially in North Africa and the Middle East;

147.

Encourages the international community and the EU to provide protection for minorities and to install safe zones; calls for the recognition, self-administration and protection of ethnic and religious minorities living in areas where they have historically had a strong presence and lived peacefully alongside each other — for example in the Sinjar mountains (Yazidis) and the Nineveh plains (Chaldean-Syrian-Assyrian peoples); calls for special assistance in efforts to preserve (mass) graves in areas of current or recent conflicts, with the aim of exhuming and forensically analysing the human remains therein, in order to allow for decent burial, or release to the family, of the victims’ remains; calls for the establishment of a dedicated fund that can help finance initiatives to preserve evidence, in order to enable investigation and prosecution of suspected crimes against humanity; calls for actions from the EU and its Member States to set up, as a matter of urgency, a group of experts tasked with collecting all evidence of any on-going international crime, including genocide, against religious and ethnic minorities, wherever they may happen, including the preservation of mass graves in areas of current or recent conflicts, with the aim of preparing international prosecution of those responsible;

Freedom of expression online and offline, and through audiovisual and other media sources

148.

Stresses that human rights and fundamental freedoms are universal and need to be defended globally in every dimension of their expression;

149.

Stresses the role of freedom of expression, media independence and pluralism as fundamental elements towards democracy, and the need to empower citizens as well as civil society to ensure transparency and accountability in the public sector;

150.

Expresses concern at the increasing arrests and intimidation of journalists in many countries, and stresses that these practices seriously impede the freedom of the press; urges the EU and the international community to protect independent journalists and bloggers, reduce the digital divide and facilitate unrestricted access to information and communication, and uncensored access to the internet (digital freedom);

151.

Expresses its serious concern at the proliferation and spread of monitoring, surveillance, censoring and filtering technologies, which represent a growing threat to human rights and democracy activists in autocratic countries;

152.

Strongly condemns the increasing number of HRDs facing digital threats, including compromised data through confiscation of equipment, remote surveillance and data leakages; condemns the practice of online surveillance and hacking to gather information that can be used in legal cases or defamation campaigns, as well as in defamation trials;

153.

Strongly condemns authorities’ control of the internet, media and academia, and the increased intimidation, harassment and arbitrary arrests faced by HRDs, lawyers and journalists;

154.

Condemns restrictions on digital communication, including the closing down of websites and the blocking of personal accounts by authoritarian regimes in order to restrict freedom of expression and as a means to silence opposition and suppress civil society; calls on the EU and its Member States to publicly condemn regimes that restrict the digital communication of their critics and opposition;

155.

Highlights the importance of promoting unrestricted access to the internet in all forms of contact with third countries, including in accession negotiations, trade negotiations, human rights dialogues and diplomatic contacts, and of making information about human rights and democracy as accessible as possible to people all around the world;

156.

Is concerned about the growth of hate speech, especially on social media platforms; calls on the Commission to involve representatives of CSOs to ensure that their views are taken into account in negotiations on codes of conduct; firmly condemns the dissemination of hate messages that incite violence or terror;

157.

Calls for increased support in the areas of promoting media freedom, protecting independent journalists, bloggers and whistleblowers, reducing the digital divide and facilitating unrestricted access to information and communication, and safeguarding uncensored access to the internet (digital freedom);

158.

Calls for the active development and dissemination of technologies that help protect human rights, and that facilitate people’s digital rights and freedoms as well as their security and privacy;

159.

Calls on the EU to adopt free and open-source software, and to encourage other actors to do so, as such software provides for better security and for greater respect for human rights;

160.

Calls on the Commission and the Member States to raise the issues of freedom of expression online, digital freedoms and the importance of a free and open internet, in all international fora, including the UN Internet Governance Forum, the G8, the G20, the OSCE and the Council of Europe;

Counter-terrorism

161.

Reiterates its unequivocal condemnation of terrorism and its full support for actions aimed at eradicating terrorist organisations, in particular Daesh, which poses a clear threat to regional and international security, while recalling that such actions should always be in full respect of international human rights law; supports the implementation of UN Security Council Resolution 2178 (2014) on countering threats posed by foreign terrorist fighters, and of the Madrid Guiding Principles on stemming the flow of foreign terrorist fighters;

162.

Recalls that the EU Action Plan on Human Rights and Democracy underlines the need to ensure that respect for freedom of opinion and expression are integrated into the development policies and programmes relating to terrorism, including the use of digital surveillance technologies; stresses that Member States should make full use of existing instruments to address the radicalisation of European citizens, and should develop effective programmes for countering terrorist and extremist propaganda and recruitment methods, notably online, and for preventing radicalisation; stresses that concerted EU action is required, as a matter of urgency, and insists that Member States cooperate in sensitive areas, in particular information and intelligence sharing;

163.

Requests that the EU continue to work with the UN in combating the financing of terrorism, including through the use of existing mechanisms to designate terrorist individuals and organisations, and to strengthen asset-freezing mechanisms worldwide, while upholding international standards on due process and the rule of law; calls on the Commission and the Member States effectively and urgently to raise this matter with those states that finance or support terrorist organisations, or that allow their citizens to do so;

The death penalty

164.

Recalls the EU’s position on zero tolerance for the death penalty, and reiterates its long-standing opposition to the death penalty, torture and cruel, inhuman and degrading treatment and punishment, in all cases and under all circumstances;

165.

Welcomes the abolition of the death penalty in Fiji, Suriname, Mongolia and the US State of Nebraska;

166.

Is deeply concerned about the reinstatement of executions in some countries in recent years; deplores that political leaders in other countries are also considering reintroducing the death penalty; expresses its grave concern at the reported rise in the number of death sentences handed down worldwide in 2015, in particular in China, Egypt, Iran, Nigeria, Pakistan and Saudi Arabia; reminds the authorities of these countries that they are state parties to the Convention on the Rights of the Child, which strictly prohibits the death penalty for crimes committed by anyone below the age of 18;

167.

Is particularly concerned about the increasing number of death sentences imposed in mass trials, without guarantees of the minimum fair trial standards required by international law;

168.

Strongly denounces the increase in the handing down of the death sentence for drug-related offences, and calls for the exclusion of the use of capital punishment and summary executions for such offences;

169.

Calls on those states that have abolished the death penalty, or that have a long-standing moratorium on it, to uphold their commitments and not to reintroduce it; calls on the EU to continue to use cooperation and diplomacy in all possible forums worldwide to advocate against the death penalty, while seeking to ensure that the right to a fair trial is fully respected for each and every person facing execution; stresses the importance of the EU continuing to monitor the conditions under which executions are carried out in those countries that still impose the death penalty, in order to ensure that the list of persons sentenced to death is made public and that their bodies are returned to their families;

170.

Insists that it is important that the EU maintains a high-profile policy aimed at the global abolition of the death penalty, in line with the 2013 revised EU Guidelines on the Death Penalty, and that it continues to advocate against the death penalty; calls on the EU to work further towards its universal abolition, to explore new ways of campaigning toward that end and to support actions, in the context of the EIDHR, aimed at preventing death sentences or executions; requests that the EU Delegations continue to organise awareness-raising campaign activities to this end;

Fight against torture and ill-treatment

171.

Expresses its grave concern at the continued use of torture and ill-treatment of persons held in detention, inter alia in order to extract confessions that are then used in criminal trials that fall manifestly short of international standards of fairness;

172.

Deplores the widespread use of torture and ill-treatment against dissenting members of society in order to silence them, and against vulnerable groups, such as ethnic, linguistic and religious minorities, LGBTI persons, women, children, asylum-seekers and migrants;

173.

Condemns in the strongest possible terms the torture and ill-treatment caused by Daesh and other terrorist or paramilitary organisations; expresses its solidarity with the families and communities of all victims affected by such violence; condemns the practices of Daesh and other terrorist or paramilitary organisations involving discrimination and targeting of minority groups; calls on the EU, its Member States and the international community to step up their efforts to address the urgent need to prevent further suffering in an effective way;

174.

Considers that the detention conditions and the state of prisons in a number of countries are a matter of grave concern; considers it essential to combat all forms of torture and ill-treatment of detainees, including psychological torture, and to step up efforts to ensure compliance with the relevant international law, particularly as regards access to health care and medicines; strongly condemns the violations of this law and believes that the refusal to treat detainees for diseases such as hepatitis or HIV is tantamount to failure to assist persons in danger;

175.

Urges the EEAS, in the light of continued reports of widespread practice of summary executions, torture and ill-treatment around the world, to step up, at all levels of dialogue and in all fora, the EU’s efforts in the fight against summary executions, torture and other ill-treatment, in line with the Guidelines to EU Policy towards third countries on torture and other cruel, inhuman or degrading treatment or punishment;

176.

Urges the EEAS to continue to raise concerns, in a systematic way, about torture and ill-treatment in political and human rights dialogues with the countries concerned, and in public statements, and calls on the EU Delegations, and on Member State embassies on the ground, to monitor torture and ill-treatment cases, to take concrete steps to promote their complete eradication, to follow relevant criminal trials and to use all instruments at their disposal to assist the individuals concerned;

Drones

177.

Expresses its grave concern over the use of armed drones outside the international legal framework; urges the Member States to articulate clear policy and legal positions on armed drones, and reiterates its call for an EU common position on the use of armed drones, which upholds human rights and IHL, and which should address issues such as a legal framework, proportionality, accountability, protection of civilians and transparency; urges once again that the EU ban the development, production and use of fully autonomous weapons that enable strikes to be carried out without human intervention; calls for the EU to oppose and ban the practice of extrajudicial and targeted killings, and to commit to ensuring appropriate measures, in accordance with domestic and international legal obligations, where there are reasonable grounds for believing that an individual or entity within its jurisdiction may be connected to unlawful targeted killings abroad; calls on the VP/HR, the Member States and the Council to include armed drones and fully autonomous weapons in relevant European and international disarmament and arms control mechanisms, and urges the Member States to engage with and strengthen these control mechanisms; calls on the EU to guarantee greater transparency and accountability on the part of its Member States, not least vis-à-vis third countries, in the use of armed drones with regard to the legal basis for their use and to operational responsibility, to allow for judicial review of drone strikes and to ensure that victims of unlawful drone strikes have access to effective remedies;

178.

Emphasises the EU ban on the development, production and use of fully autonomous weapons, which enable strikes to be carried out without human intervention; calls for the EU to oppose and ban the practice of unlawful targeted killings;

179.

Calls on the Commission to keep Parliament properly informed about the use of EU funds for all research and development projects associated with the construction of drones, for civil as well as military purposes; calls for human-rights impact assessments to be conducted of future drone development projects;

180.

Stresses that the impact of technologies on the improvement of human rights should be mainstreamed in EU policies and programmes, in order to advance the protection of human rights and the promotion of democracy, the rule of law, good governance and peaceful conflict solution;

Support for democracy and elections, and election observation missions

181.

Recalls that open space for civil society, freedom of expression, assembly and association and due respect for the rule of law are key elements of fair and democratic elections; calls on the EU to ensure that local NGOs have space for legitimate observation and monitoring of the conduct of elections; underlines that corruption is a threat to the equal enjoyment of human rights and undermines democratic processes; considers that the EU should emphasise the importance of integrity, accountability and proper management of public affairs in all dialogues with third countries, as stipulated in the United Nations Convention against Corruption (UNCAC); recalls the need for the EU to maintain the commitment it has made to its partners, especially in its neighbourhood, to support economic, social and political reform, to protect human rights and to help establish the rule of law, as the best means of strengthening the international order and ensuring the stability of its neighbourhood; emphasises, in this regard, that the review of the ENP provided an opportunity to restate that the defence of universal values and the promotion of human rights are key objectives of the Union; recalls that the experience gained by the EU, politicians, academics, the media, NGOs and civil society, and the lessons learned from transitions to democracy in the framework of the enlargement and neighbourhood policies, could also contribute positively to the identification of best practices that could be used to support and consolidate other democratisation processes worldwide; welcomes, in this context, the work of the European Endowment for Democracy and of EU programmes in support of CSOs, notably the EIDHR;

182.

Recommends that the EU develop a more comprehensive approach to democratisation processes, as observing elections is only one dimension of a longer and broader cycle; reiterates that political transition and democratisation can only be sustainable and successful when combined with respect for human rights and equal access to the democratic process for women, persons with disabilities and other marginalised groups, the promotion of justice, transparency, accountability, reconciliation, the rule of law, economic and social development, measures to combat extreme poverty, and the establishment of democratic institutions; stresses that fighting corruption in countries undergoing democratisation processes should be made a priority by the EU as this phenomenon hinders the protection and promotion of good governance, fuels organised crime and is linked to electoral fraud;

183.

Welcomes the Joint Communication on the Review of the European Neighbourhood Policy and recalls that, as stipulated in the TEU, the EU’s relation with its neighbouring countries should be founded on the values of the Union, which include human rights and democracy; underlines that contributing to the stabilisation of the neighbourhood and promoting democracy, the rule of law, good governance and human rights, go hand in hand;

184.

Stresses that the EU should continue to support democratic and effective human rights institutions and the civil society of neighbouring countries; is pleased to note in this context the European Endowment for Democracy’s consistent engagement in the EU’s Eastern and Southern neighbourhood in promoting respect for fundamental rights and freedoms, and democratic principles;

185.

Stresses that enlargement policy is one of the strongest tools for reinforcing respect for democratic principles and human rights; calls on the Commission to continue to support the reinforcement of democratic political cultures, the respect of the rule of law, the independence of media, as well as of the judiciary, and the fight against corruption in candidate and potential candidate countries;

186.

Calls on the Commission and the EEAS to continue to provide full support to on-going democratic processes in third countries, as well as to political dialogue between ruling and opposition parties, and civil society; insists on the importance of consistently following up on recommendations of election observation missions as part of the EU’s engagement in democracy support, and as part of the human-rights country strategies for the countries concerned; calls for closer coordination and cooperation between Parliament and the Commission / EEAS to ensure a follow up of the implementation of these recommendations, as well as the use of the targeted financial and technical assistance that the EU could offer; calls on the Commission to provide global assessment on electoral monitoring processes;

187.

Calls on the Council and the EEAS to include in the geographical part of the EU Annual Report on Human Rights and Democracy in the World a specific section — in the countries concerned — addressing the issue of implementation of the recommendations adopted in the framework of election observation missions; recalls the commitment made in the Action Plan by the EEAS, the Commission and the Member States to engage more firmly and consistently with election management bodies, parliamentary institutions and CSOs in third countries, in order to contribute to their empowerment and, thereby, to the strengthening of the democratic processes;

188.

Calls on the Commission to ensure that its work on elections — observation and assistance — is combined with similar support for other important actors within a democratic system such as political parties, parliaments, local authorities, independent media and civil society;

189.

Calls on the EU to continue to work for the definition of best practices in this area, including in the context of conflict prevention measures, mediation and facilitation of dialogue, in order to develop a coherent, flexible and credible EU approach;

190.

Recognises the successful work of the EEAS and EU Delegations in completing the second generation of Democracy Analyses, and the progress made on Democracy Action Plans, and calls on the VP/HR to ensure that the Action Plans translate into concrete support to democracy in the field;

191.

Calls on the EEAS to build on the experience of the Democracy Analyses to prepare the ground for streamlining such analysis into its foreign action, and notes that while the addition of democracy to Human Rights and Democracy Country Strategies is welcome, it is not sufficient for a truly comprehensive understanding of democracy in a partner country;

o

o o

192.

Instructs its President to forward this resolution to the Council and the Commission, theVP/HR, and to the EU Special Representative for Human Rights.

(1)  http://www.un.org/womenwatch/daw/cedaw/cedaw.htm

(2)  OJ C 289, 9.8.2016, p. 57.

(3)  http://www.ohchr.org/EN/ProfessionalInterest/Pages/CMW.aspx

(4)  A/RES/41/128.

(5)  http://www.un.org/en/ga/search/view_doc.asp?symbol=A/RES/69/2

(6)  http://www.ohchr.org/EN/ProfessionalInterest/Pages/Vienna.aspx

(7)  http://www.un.org/womenwatch/daw/beijing/pdf/BDPfA%20E.pdf

(8)  http://www.unfpa.org/sites/default/files/pub-pdf/programme_of_action_Web%20ENGLISH.pdf

(9)  http://www.ohchr.org/Documents/Publications/PTS-4Rev1-NHRI_en.pdf

(10)  https://europa.eu/globalstrategy/en/global-strategy-foreign-and-security-policy-european-union

(11)  http://data.consilium.europa.eu/doc/document/ST-11855-2012-INIT/en/pdf

(12)  https://www.consilium.europa.eu/uedocs/cmsUpload/111817.pdf

(13)  http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A52009XG1215(01)

(14)  http://data.consilium.europa.eu/doc/document/ST-10897-2015-INIT/en/pdf

(15)  OJ C 65, 19.2.2016, p. 174.

(16)  http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/foraff/137584.pdf

(17)  http://data.consilium.europa.eu/doc/document/ST-10255-2016-INIT/en/pdf

(18)  http://www.consilium.europa.eu/en/meetings/fac/2015/10/st13201-en15_pdf/

(19)  http://www.consilium.europa.eu/en/press/press-releases/2016/06/16-epsco-conclusions-lgbti-equality/

(20)  http://ec.europa.eu/justice/discrimination/files/lgbti_actionlist_en.pdf

(21)  http://data.consilium.europa.eu/doc/document/ST-9242-2015-INIT/en/pdf

(22)  http://www.consilium.europa.eu/en/press/press-releases/2015/07/20-fac-migration-conclusions/

(23)  http://data.consilium.europa.eu/doc/document/ST-12002-2015-REV-1/en/pdf

(24)  http://data.consilium.europa.eu/doc/document/ST-12098-2015-INIT/en/pdf

(25)  OJ L 43, 18.2.2015, p. 29.

(26)  http://register.consilium.europa.eu/doc/srv?l=EN&f=ST%2015559%202014%20INIT

(27)  http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/EN/foraff/130243.pdf

(28)  http://data.consilium.europa.eu/doc/document/ST-12525-2016-INIT/en/pdf

(29)  https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?docu mentId=090000168008482e

(30)  OJ L 76, 22.3.2011, p. 56.

(31)  http://www.consilium.europa.eu/en/meetings/international-summit/2015/11/action_plan_en_pdf/

(32)  http://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3-CF6E4FF96FF9%7D/s_res_2242.pdf

(33)  http://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3-CF6E4FF96FF9%7D/CAC%20S%20RES%201820.pdf

(34)  http://www.un.org/en/ga/search/view_doc.asp?symbol=S/RES/1325(2000)

(35)  http://www.un.org/en/ga/search/view_doc.asp?symbol=A/RES/69/167

(36)  Texts adopted, P8_TA(2016)0337.

(37)  Texts adopted, P8_TA(2016)0300.

(38)  Texts adopted, P8_TA(2016)0201.

(39)  Texts adopted, P8_TA(2016)0102.

(40)  Texts adopted, P8_TA(2016)0051.

(41)  Texts adopted, P8_TA(2015)0470.

(42)  Texts adopted, P8_TA(2015)0317.

(43)  Texts adopted, P8_TA(2015)0350.

(44)  Texts adopted, P8_TA(2015)0348.

(45)  Texts adopted, P8_TA(2015)0288.

(46)  OJ C 316, 30.8.2016, p. 130.

(47)  OJ C 316, 30.8.2016, p. 178.

(48)  OJ C 234, 28.6.2016, p. 25.

(49)  Texts adopted, P7_TA(2014)0172.

(50)  OJ C 181, 19.5.2016, p. 69.

(51)  http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session31/Documents/A_ HRC_31_56_en.doc

(52)  OJ C 65, 19.2.2016, p. 105.

(53)  OJ C 434, 23.12.2015, p. 24.

(54)  OJ C 153 E, 31.5.2013, p. 115.

(55)  OJ C 33 E, 5.2.2013, p. 165.

(56)  OJ C 236 E, 12.8.2011, p. 69.

(57)  A/HRC/RES/17/4.

(58)  https://www.democracyendowment.eu/annual-report/

(59)  OJ C 208, 10.6.2016, p. 25.

(60)  http://trade.ec.europa.eu/doclib/docs/2015/july/tradoc_153591.pdf

(61)  Saudi Arabia, United Arab Emirates, Nigeria, Somalia, Mauritania, Sudan, Sierra Leone, Yemen, Afghanistan, Pakistan, Qatar, Iran and the Maldives.


6.7.2018   

EN

Official Journal of the European Union

C 238/89


P8_TA(2016)0503

Implementation of the Common Foreign and Security Policy (Article 36 TEU)

European Parliament resolution of 14 December 2016 on the implementation of the Common Foreign and Security Policy (2016/2036(INI))

(2018/C 238/07)

The European Parliament,

having regard to the Annual Report from the Council to the European Parliament on the Common Foreign and Security Policy,

having regard to Articles 21 and 36 of the Treaty on European Union (TEU),

having regard to the Charter of the United Nations,

having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management,

having regard to the declaration by the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) on political accountability,

having regard to the joint staff working document of 21 September 2015 on ‘Gender equality and women’s empowerment: transforming the lives of girls and women through EU external relations 2016-2020’ (SWD(2015)0182),

having regard to the State of the Union speech delivered by President Juncker on 14 September 2016,

having regard to the Global Strategy on Foreign and Security Policies of the European Union presented by the VP/HR, Federica Mogherini, on 28 June 2016 and to her proposals at the informal foreign ministers’ meeting held in Bratislava on 2 September 2016,

having regard to the conclusions of the Bratislava summit of 16 September 2016,

having regard to the outcome of the informal EU defence ministers’ meeting in Bratislava of 27 September 2016,

having regard to its resolution of 7 June 2016 on Peace Support Operations — EU engagement with the UN and the African Union (1),

having regard to the Joint Declaration by the Foreign Ministers of the Weimar Triangle, Frank-Walter Steinmeier (Germany), Jean-Marc Ayrault (France) and Witold Waszczykowski (Poland), on the future of Europe at Weimar on 28 August 2016,

having regard to the Franco-German initiative on defence of September 2016 entitled ‘Renewal of the CSDP’,

having regard to Rule 52 of its Rules of Procedure,

having regard to the report of the Committee on Foreign Affairs and the opinions of the Committee on Budgets and the Committee on Culture and Education (A8-0360/2016),

A.

whereas the European Union faces unprecedented internal and external challenges, including interstate conflicts, state collapse, terrorism, hybrid threats, cyber and energy insecurity, organised crime and climate change; whereas the EU will be able to respond effectively to the new challenges only if its structures and its Member States work together in a common and truly coordinated effort in the context of the Common Foreign and Security Policy (CFSP) and Common Security and Defence Policy (CSDP);

B.

whereas the EU is now surrounded by an arc of instability, as large parts of the Middle East and North Africa (MENA) are engulfed in ethno-religious conflicts and proxy wars and terrorist groups such as the so-called Islamic State (IS)/Daesh and the Jabhat Fateh al-Sham Front are proliferating throughout the region; whereas al-Qaeda is taking advantage of the security vacuum in the MENA region to gain strength, and its commitment to global jihad remains intact;

C.

whereas these conflicts have direct and serious consequences for the security and well-being of EU citizens as they increasingly spill over into the EU, be it in the form of terrorism, massive refugee flows, or disinformation campaigns aimed at dividing our societies;

D.

whereas Europe is experiencing the threat of terrorism on its territory; whereas the recent terrorist acts in European cities committed by radical jihadists linked to IS/Daesh are part of that group’s comprehensive strategy, complementing a land war in Syria, Iraq and Libya, an economic war aimed at the tourism industry in North Africa, as well as online propaganda and cyber-attacks; whereas the thousands of EU citizens who have joined such terrorist groups are an increasing threat to our security at home, as well as elsewhere in the world;

E.

whereas an aggressive Russia continues to violate its neighbours’ sovereignty and independence and openly challenges the European and global peace and security order; whereas Russia today is increasingly autocratic and more aggressive towards its neighbours than at any time since the dissolution of the Soviet Union in 1991; whereas official Russian propaganda paints the West as an adversary and actively tries to undermine unity in the European Union and coherence in the transatlantic alliance, be it in the form of disinformation campaigns or in the form of providing financial support to eurosceptic and fascist groups within the Union and candidate countries;

Continuing the EU’s success story: transformation through action

1.

Recalls that the European Union is one of the greatest achievements in European history and that the transformative power of the EU has brought peace, stability and prosperity to its citizens and to its neighbouring countries, many of which have become EU Member States; emphasises that the EU remains the largest economic power, the most generous donor of humanitarian and development assistance, and a frontrunner in global multilateral diplomacy on issues such as climate change, international justice, non-proliferation of weapons of mass destruction and human rights; calls for the visibility of EU action in these fields to be stepped up;

2.

Considers that the current internal and external crisis also represents an opportunity for the EU if it is used to make the EU work and cooperate better; considers that the current challenges demand a reform that will make the EU better and more democratic, and able to deliver what citizens expect; recalls that European citizens see an effective common foreign and security policy as a priority area of action for the EU and that this is one of the areas where European cooperation can yield most value added; emphasises, therefore, that Member States must change their mentality since nowadays thinking about foreign policy and security in a narrow minded national perspective is obsolete; is convinced that no single Member State alone can tackle any of the challenges we face today; is firmly convinced that the EU’s vulnerability is a direct outcome of the incomplete integration and a lack of coordination; emphasises the fact that globalisation and multipolarity make processes of integration, such as that of the EU, necessary; urges Member States to finally show sufficient levels of unity, political will and trust in one another to make it possible to use the tools at hand in a concerted manner in order to pursue our interests and values; reiterates that the EU can only be a strong global player on an equal footing with other major powers if all Member States speak with one voice and act together in the framework of a strong EU foreign and security policy;

3.

Welcomes the Roadmap and the commitments of the Bratislava summit and expects the Member States to make a specific commitment to the implementation of the Roadmap;

4.

Recalls the need for the EU’s external policies to be consistent with each other and with other policies with an external dimension, and to pursue the objectives set out in Article 21 of the Treaty on European Union; observes that, since building resilience should be one of the main goals of the CFSP, this requires a comprehensive approach in which different sectors challenge traditional approaches to foreign and security policy with the use of a wide range of diplomatic, security, defence, economic, trade, development and humanitarian instruments, as well as increasing energy security independence; takes the view that the CFSP should more assertive, effective and value-based; underlines that Policy Coherence for Development is a unique tool to achieve an operational EU comprehensive approach in accordance with the 2030 Agenda for Sustainable Development goals;

5.

Welcomes the adoption of the Commission’s new trade strategy, ‘Trade for All’, in which it aims to strengthen human rights in trade policy and use the EU’s position as a trading bloc to leverage human rights in third countries; stresses that this will need full convergence and complementarity of trade and foreign policy initiatives, including close cooperation between the different DGs, the European External Action Service (EEAS) and Member State authorities; highlights the importance of the Commissioners’ Group on External Action chaired by the VP/HR to give impetus to the implementation of the comprehensive approach; calls for the VP/HR to report regularly on the work of this group to the European Parliament; calls on the EU Delegations to implement joint programming in all external action policy areas so as to avoid duplication, save money, enhance efficiency and detect possible gaps;

6.

Recognises that climate change could have a serious effect on regional and global stability, as global warming affects disputes over territory, food, water and other resources, weakens economies, threatens regional security, and is a source of migratory flows; further encourages the EU and Member States to consider how national and EU military planning can include climate change adaption strategies and what would be considered an appropriate capability, priority, and response;

7.

Calls on the Commission and the Member States to strengthen their capacity to counter the misinformation and propaganda campaigns reaching people in the EU and its neighbours; calls on the EU institutions and the Member States to acknowledge that the on-going information warfare is not only an external EU issue but also an internal one; regrets the inability of the EU to communicate and present properly to the European public the actions, merits and achievements of the Common Security and Defence Policy; urges the Council, the Commission and the Member States to fill this gap by making EU external action more accountable and visible;

8.

Recognises that information and cyber warfare is a deliberate attempt at state and non-state level to destabilise and discredit political, economic, and social structures; stresses in this regard the urgent need to include cyber security and cyber defence across the EU’s internal and external policies, and in its relations with third countries; calls on the Member States to establish an automated information-sharing system regarding cyber and hybrid threats and attacks; calls on the EU to defend in international forums the notion that an open, global internet’s core infrastructure is a neutral zone; is also convinced that the EU should engage with its partners and step up its assistance for capacity-building in the fields of cybersecurity and the fight against cybercrime and cyber terrorism;

9.

Recalls the EU’s commitment to develop a Common Foreign and Security Policy guided by the principles of democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, and compliance with the UN Charter and international law; recalls the EU Action Plan on Human Rights and Democracy which stresses the importance of the EU including its human rights and gender policies in crisis management missions and operations; recalls the importance of the so-called ‘human rights clause’ included in all framework agreements signed with third countries since the early 1990s;

10.

Recalls that enlargement policy is one of the EU’s most successful policies and has contributed to ensuring stability, democracy and prosperity on the European continent; reiterates therefore its strong support for the enlargement process, provided that the Copenhagen criteria, including integration capacity, are fulfilled; stress the need to step up cooperation between the EU and the candidate and potential candidate countries on issues such as migration, security, the fight against terrorism and organised crime and the fight against human trafficking; calls on the candidate countries to make all efforts to align with the EU CFSP/CSDP;

11.

Underlines the EU’s commitment to a rule-based international order and effective multilateralism led by the UN; recognises the strategic partnership in peacekeeping and crisis management between the EU and UN since 2003; encourages the EU and its Member States to support UN peacekeeping and to cooperate with the UN in strengthening the peacekeeping capacities of regional organisations, particularly the African Union, and taking into account the African Peace Facility; calls on the EU Member States to significantly increase their military and police contributions to UN peacekeeping missions; welcomes the EU Global Strategy’s commitment to NATO as the cornerstone of Europe’s collective security, and to strengthening the United Nations as the bedrock of the international order;

12.

Points out how recent crises have shown the limits of the United Nations; calls on the EU and its Member States to bring all their weight to bear in an attempt to reform the Security Council, in particular with a view to removing the veto with regard to mass atrocities;

13.

Stresses that an effective implementation of the EU Global Strategy presented by the VP/HR in June 2016 is not possible without strong commitment, ownership, political will and leadership from the Member States; highlights that the appropriate human and financial resources need to be allocated by the Member States for the implementation of this strategy, in particular in the crucial areas of conflict prevention, security and defence; emphasises the practical and financial benefits of the further integration of European defence capabilities;

14.

Welcomes the intention of devising an implementation plan on security and defence; underlines that this implementation plan should be complemented by a White Book process, which would specify the level of ambition, tasks, requirements and capability priorities for European defence; calls on the VP/HR, in close cooperation with Member States and the Commission, to start working on such a White Book as a matter of priority in order to deliver first results in 2017;

15.

Welcomes the proposal for a yearly reflection on the state of play of the strategy’s implementation; believes that this reflection should take place within the framework of an annual debate in Parliament and on the basis of an implementation report drawn up by the VP/HR;

16.

Is of the opinion that the Global Strategy should be revised regularly and an analysis on its implementation should be provided, in synchrony with the electoral cycle and the entry into office of each new Commission, in order to verify whether its objectives and priorities still correspond to the challenges and threats;

17.

Highlights that EU external action needs to be based on the three pillars that could be defined as the ‘three Ds’: Diplomacy, Development and Defence;

Taking responsibility for our security: Prevent, Defend, Deter, React

18.

Emphasises that the EU must strengthen its security and defence capabilities, as it can only use its full potential as a global power if it combines its unrivalled soft power with hard power, as part of the EU’s comprehensive approach; recalls that stronger and common civilian and military capacities are key elements for the EU to fully respond to crises, build the resilience of partners and protect Europe; notes that since power politics is again dominating international relations, defence and deterrence capabilities are critical for our leverage in diplomatic talks; in this regard, reiterates that the Common Security and Defence Policy needs to be strengthened and deepened, as the only realistic way to strengthen our military capabilities in a time of budgetary constraints is to increase synergies by stepping up defence cooperation on the basis of the needs of all Member States and targeting investments; believes that stronger European security and defence cooperation would lead to greater effectiveness, unity and efficiency and that the EU and its Member States would only acquire the necessary technological and industrial capabilities through such deeper cooperation;

19.

Is convinced that in view of an already underfinanced EU budget, additional efforts for operations, administrative costs, preparatory actions and pilot projects under the Common Security and Defence Policy, additional funding from the Member States, as well as efforts to enhance synergies, are also needed; calls on the Commission and the Member States to seize the opportunity of the current revision/review of the multiannual financial framework (MFF) to address the budgetary needs for the growing security challenges; calls on the Member States to increase their defence expenditure so as to meet the NATO capacity goals which require a minimum level of defence spending of two percent of GDP; underlines that better coordination and reduced overlap between EU and Member State activities would enable savings and a reallocation of funds;

20.

Takes the view that it is of crucial importance that the instruments provided by the Treaty of Lisbon be finally implemented, notably Permanent Structured Cooperation (PESCO); takes the view that a flexible, inclusive approach that encourages open, pro-active participation by all Member States is essential in the implementation of PESCO; welcomes the joint paper by the defence ministers of France and Germany on the ‘renewal of the CSDP’ and the Italian proposal ‘for a stronger European defence’, and fully supports their aim as regards a positive decision on the establishment of PESCO at the November 2016 Foreign Affairs and Defence Council; calls on the VP/HR to take the lead on this initiative, as well as on other recent proposals for strengthening the CSDP, with a view to paving the way for further ambitious decisions on the CSDP taken at the November 2016 Foreign Affairs and Defence Council and the December 2016 European Council, including the following:

the creation of a permanent civilian and military headquarter, with an equally important Military Planning and Conduct Capability (MPCC) and Civilian Planning and Conduct Capability (CPCC), which would strengthen strategic and operational planning across the entire planning cycle, enhance civil-military cooperation and improve the EU’s ability to react speedily to crises;

enhancing the EU’s rapid reaction tools, notably by further improving the usability of battlegroups, by operationalising Article 44, and by strengthening and making greater use of Eurocorps for CSDP missions and operations;

extending the common financing of CSDP operations, including through an urgent and thorough review of the Athena mechanism, which would include the declaration on battlegroups and is needed to make sure that EU missions can be funded from collective funds instead of by the individual participating Member States, thereby removing a potential obstacle to Member States committing forces;

setting up a Defence configuration of the Council;

21.

Encourages a review of the EU’s approach to civilian CSDP missions from the nature of interventions to their objectives and the people involved, in order to ensure they are properly devised, implemented, and supported; welcomes the progress made in the CSDP’s missions and operations despite their shortcomings; calls for more flexibility in the EU’s financial rules in order to support its ability to respond to crises and for the implementation of existing Lisbon Treaty provisions; supports the establishment of start-up funds for the urgent financing of the initial phases of military operations; believes that a new, more effective decision-making procedure for deciding on EU military missions would improve the EU’s agility and strength in responding to threats and crises, while acknowledging that the decision whether or not to supply troops to such missions must be taken at Member State level;

22.

Insists that any decision to move towards a European Defence Union, including the development of greater permanent structured cooperation and the creation of common defence instruments, must be made on the basis of unanimity among EU Member States;

23.

Regrets that the comprehensive tasking exercises resulting from the November 2013 Foreign Affairs Council and the European Councils of 2013 and 2015 have not yet been fully implemented by the Commission, the EEAS, the EDA and the Member States; calls on the VP/HR and the Commissioner on Internal Market, Industry, Entrepreneurship and SMEs to present an assessment of the implementation of previous decisions to Parliament before suggesting new tasking; encourages the speeding up of the ongoing work on the European Defence Action Plan and the Commission’s efforts to maximise defence cooperation, including through incentives in areas such as the internal market, public procurement, research, transport, space, cyber, energy and industrial policies; notes the proposal by the French President for a European Security and Defence Fund, and supports the development of new and innovative financing and investment concepts, including through the European Investment Bank and public-private partnerships;

24.

Notes that as Member States are facing difficulties in trying to maintain a broad range of fully operational defence capabilities, there is a need for more coordination and clearer choices about which capabilities to maintain, so that Member States can specialise in certain capabilities; emphasises the practical and financial benefits of further integrating European defence capabilities and notes the various ongoing initiatives to this effect which should be placed within a wider framework to establish a smart roadmap; supports the proposals for a ‘European Semester for Defence’ and calls on the VP/HR to present concrete proposals to this effect; believes that interoperability is key if Member States’ forces are to become more compatible and integrated; encourages Member States to look into further avenues for joint purchasing, maintenance and upkeep of forces and materials;

25.

Commends the European Defence Agency’s role in fostering and coordinating capability development, and calls for its strengthening, notably by increasing its budget; insists that the Agency’s staffing and running costs should be financed from the Union budget; calls on the VP/HR and the Member States to review the EDA’s organisation, procedures, and past activities;

26.

Recalls that Europe needs to maintain a competitive and innovative industrial and technological base capable of developing and producing the required capabilities; recalls that an integrated defence market and the consolidation of the European defence industry are absolutely necessary for economies of scale and improved efficiency;

27.

Welcomes the proposal by President Juncker to create a European Defence Fund to boost research and innovation; welcomes the on-going work on setting up a preparatory action on defence research, which should be followed by a major dedicated EU-funded European Defence Research Programme in the next Multiannual Financial Framework, including additional financial resources provided by the Member States;

28.

Calls for a more active role to be played by the EU in the field of disarmament, non-proliferation and arms control; calls on the Council to enable the VP/HR to play a more active role as regards conflict resolution and peace-building;

29.

Recalls that the EU Global Strategy calls for investment in conflict prevention, but that in reality far-reaching cuts have been proposed by both the Commission and the Council to the 2017 budget for the EU’s only instrument for conflict prevention (IcSP); stresses the need to redouble efforts in the field of conflict prevention, mediation and reconciliation, given the many security challenges in the European neighbourhood and beyond;

30.

Recognises the increasing interdependence between internal and external security, and takes the view that the current security challenges require a profound critical analysis of our security policies with a view to creating a consistent and unified policy covering both internal and external dimensions, including aspects such as counter-terrorism, cybersecurity, energy security, hybrid threats, strategic communication, and critical infrastructures; urges Member States’ security services to enhance coordination and cooperation and to increase the exchange of intelligence and information, and calls on all Member States to comply with their legal obligation to share intelligence with Europol and Eurojust in the fight against terrorism and organised crime; urges the EU to further strengthen its cooperation and intelligence sharing with third countries in the fight against terrorism and organised crime while respecting international humanitarian law and international human rights law; commends the launch of the European Border and Coast Guard Agency;

31.

Welcomes the Joint Declaration on NATO-EU cooperation adopted during the Warsaw Summit; fully supports deepened cooperation between NATO and the EU in the areas of cybersecurity, migration, strategic communication and the response to hybrid threats; invites the VP/HR to present specific proposals for the follow-up to the Warsaw Joint Declaration by the end of 2016; is convinced that NATO is crucial for the collective security of Europe, while insisting on the necessity of maintaining proper EU response capabilities; recalls that a stronger NATO and a stronger EU are mutually reinforcing and complementary; welcomes the EU Global Strategy’s commitment to NATO as the cornerstone of Europe’s collective security; emphasises that the EU should make best use of the security and defence resources available and avoid possible duplication; further believes that the EU and its Member States must work more closely with NATO to ensure that the Alliance’s Smart Defence and the EU’s Pooling and Sharing initiatives are complementary and mutually reinforcing;

32.

Emphasises that the security of EU Member States is indivisible and that, in line with Article 42(7) TEU, all Member States must enjoy the same level of security and should therefore provide and partake equally on a proportional basis in the security of the EU and honour given commitments; further notes that this Article also states that it shall not prejudice the specific character of the security and defence policy of certain Member States;

33.

Recognises the need to look for creative solutions for cooperation between the EU and the UK in the area of the CFSP/CSDP;

34.

Believes that it is crucial to strengthen the European security architecture which is based on the Helsinki Final Act of 1975 and its four ‘baskets’ and which has been severely damaged by Russia’s illegal military interventions in Crimea and eastern Ukraine;

35.

Takes the view that it is time to define a new, more realistic strategy for the EU’s relations with Russia, based on credible deterrence but also on dialogue in areas of common interest, such as counter-terrorism, non-proliferation and trade; underlines at the same time the importance of investing more into cooperation with and support to Russian civil society, so as to strengthen the long-term basis of EU-Russia relations; stresses that sanctions were needed as a reaction to, and have proven to be an effective means of deterring, further Russian aggression in Ukraine; recalls that the suspension of the related sanctions is conditional upon the full implementation of the Minsk agreements; fully supports the EU’s imposition of restrictive measures against individuals and entities in Russia in response to the illegal annexation of Crimea and deliberate destabilisation of Ukraine, and insists that the EU should keep open the option of further gradual sanctions, in particular against high-technology products in the oil and gas, IT and armaments sectors, if Russia continues to violate international law; believes it is in the common interest of the EU and Russia to achieve a better relationship, provided international law is applied;

36.

Calls on EU Member States and the international community to speak with one voice in sending a clear message to the Russian Government that its actions will have costs and consequences; further demands a de-escalation of the current crisis and insists that the EU and its Member States work with international partners to put diplomatic, political, and economic pressures on the Russian Government to end its aggression; welcomes the decisions of the Warsaw NATO summit in this context; underlines its commitment to the unity, sovereignty and territorial integrity of Ukraine; emphasises the invalidity of elections held in the occupied territories of Crimea;

37.

Believes it is important to find ways to de-escalate current tensions and engage in constructive dialogue with Russia in order to identify measures aimed at reducing the risk of dangerous misunderstandings and miscalculations; underlines the importance of increased mutual transparency in military activities in order to avoid air and maritime incidents with Russia and the need to develop common standards for the management of possible accidents and incidents; deems non-cooperative military flights with no active transponders to be a serious danger to civil aviation and deems it necessary to devise measures to detect such flights as early as possible and to find an international way forward to put an end to such safety risks; further believes that cooperation with Russia over the recent Iran nuclear deal holds out hope for improved relations in other areas, including with NATO, in order to defuse tensions such as those in the Baltic, Syria and Ukraine;

38.

Urges the EU to step up its cooperation with the Eastern Partnership countries in order to strengthen their democratic institutions, resilience and independence, including by launching ambitious fully-fledged CSDP missions tasked with enhancing security and stability; calls on the EU to play a more active and effective role as regards conflict resolution and peace-building; calls on the Member States to increase aid to Ukraine, including adequate defensive systems, in order to deter military escalation in eastern Ukraine, to turn EU East StratCom into a permanent EU structure and to allocate adequate human and financial resources to its better functioning; further supports the EU aspirations of those countries and the reform agenda in areas such as the rule of law, the economy, public administration, the fight against corruption and protection of minorities;

39.

Recalls the EU’s commitment to its partners in its vicinity and to supporting social and political reform, consolidating the rule of law, protecting human rights and promoting economic development as the best means of strengthening the international order and ensuring the stability of its neighbourhood; recognises that the EU’s policy must not adopt a one-size-fits-all approach and must therefore be more flexible and responsive to changing situations in its eastern and southern neighbourhoods; notes that the revised European Neighbourhood Instrument has not lived up to its goals, especially when it comes to the ‘more for more’ principle; encourages consideration of the policy of less for less with regard to those countries which go into reverse in terms of governance, democracy, and human rights;

40.

Underlines that a deepening of the relationship with the US and Canada is of strategic interest to the EU, while at the same time it is important for the EU to strengthen its relationship with Central and South America in order not only to reinforce the bi-regional partnership but also to jointly address major global challenges; recognises that the EU is by far the most important economic partner for the United States and vice versa, while both are key international allies both bilaterally and through NATO, and on areas such as the Iran nuclear deal, Syria and Ukraine; encourages the EU and its Member States to ensure the continuation of this relationship, on the basis of shared values, following November 2016’s US presidential elections;

Building resilience and investing in a true comprehensive approach: develop, support and strengthen

41.

Emphasises that ensuring peace and stability on our continent, in our neighbourhood and in Africa must now be at the heart of Europe’s action; recognises that there can be no sustainable development without security and that sustainable development is the condition for security, stability, social justice and democracy; takes the view that it is necessary to tackle the root causes of instability and forced and irregular migration, namely poverty, the lack of economic opportunities, armed conflict, bad governance, climate change, human rights abuses, inequality and trade policies which do not address these challenges; believes that security, economic and social development and trade are parts of the same comprehensive strategy and must be consistent with the principle of Policy Coherence for Development as enshrined in Article 208 of the Lisbon Treaty; calls for European and international action (UN/G20) against illegal financial transfers out of Africa;

42.

Stresses that the EU must pay particular attention to improving the living conditions in its neighbourhood, using all available policy tools, including trade, development aid, environment policy and diplomacy, as well as crisis management capabilities; welcomes in this regard the EU’s new migration partnerships and the External Investment Plan, and asks to be involved in the implementation of these instruments; underlines the need to develop a new approach towards Africa, based on EU values and principles, providing better opportunities for trade, investment, access to energy and economic growth and supporting African countries in building democratic, transparent and effective institutions and measures to mitigate the impact of climate change; is convinced that the EU should review its development and trade policies to make sure that they are in line with our values and contribute to these goals; calls on the EU, and in particular the Member States, to fight against illicit financial transfers and to significantly increase their financial commitments to the region, including through the Africa Trust Fund, the External Investment Plan and the European Development Fund; underlines the important role of the EU in reaching the Agenda 2030 objectives; believes that the private sector could play an important role in development if it acts within a legally binding framework that defines the business sector’s responsibilities concerning respect for human, social and environmental rights;

43.

Recognises that the EU’s provision of aid to the victims of disasters, refugees and others in need has delivered mixed results;

44.

Underlines also the need to intensify the fight against the root causes fuelling terrorism and radicalisation, which mainly affects West Africa, the Sahel, the Horn of Africa and the Middle East, and which is targeting Europe at an unprecedented level; urges the EU to undertake concerted diplomatic efforts, together with the US and other international allies, to convince partners in the region, such as Turkey, Saudi Arabia and Iran, of the need for a common and legally based strategy towards this global challenge; further encourages efforts to cooperate and coordinate with other countries in this fight and urges state and non-state actors in the region to abstain from fuelling any further sectarian and ethnic tensions; expresses strong concerns over the grave violations of international humanitarian and human rights law in Yemen, including the bombing of the funeral in Sanaa on 8 October 2016; demands an urgent independent, international investigation into this and other violations of international humanitarian and human rights; calls on the EU and its Member States to suspend any cooperation in Yemen until such violations are investigated and those responsible are held accountable; demands an immediate lifting of the blockade of Yemen and calls on all sides in the conflict to resume dialogue and to work towards a sustainable ceasefire; insists that there is no military solution to the conflict;

45.

Urges that thematic frameworks be set up to offer cooperation between the Union, the Southern neighbourhood partner countries and key regional players, especially in Africa, on regional issues such as security, development, energy and the management of migratory flows; believes that our neighbourhood would prove more resilient if it could be organised within a regional cooperation framework enabling shared responses to be found to the challenges of migration, terrorism and development, among other things; calls therefore on the EU to work with its Maghreb neighbours to re-launch and further develop the Arab Maghreb Union;

46.

Recalls that the Sahel region and other connected geographical areas are priority regions for ensuring the security of the European Union and highlights the fragility of the security situation there and the possible consequences of the current turmoil; calls on the EU to work to strengthen cooperation with the countries of North Africa and the Sahel in the fight against increasing terrorist activities in the Sahel-Saharan region; stresses that the harsh living conditions in certain places could drive a section of the population towards the alternative that is Islamic terrorism; encourages the development of a coherent, robust strategy for the Sahel region aimed at improving governance and the accountability and legitimacy of state and regional institutions, boosting security, tackling radicalisation, the trafficking of people, arms and drugs, and strengthening economic and development policies; is convinced that the reinforcement of capacities of regional and sub-regional organisations, in particular in Africa, is crucial with regard to conflict prevention, conflict resolution and security cooperation; stresses that a real answer needs to be given to this security situation by the EU not only economically but also politically and militarily;

47.

Highlights the importance of finding a sustainable solution to the conflict in Syria in line with the transition process set out in the Geneva Communiqué and UN Security Council (UNSC) resolution 2254 (2015); supports the UN-led efforts to facilitate negotiations between all parties to the Syrian conflict on an inclusive political settlement; asks the VP/HR to urgently prepare a European strategy for Syria; is convinced that the bilateral negotiations between Russia and the United States will not be sufficient to bring about a sustainable response to the Syrian crisis; calls on the EU to depart from its position of diplomatic marginalisation and to use its leverage over key actors such as Iran, Saudi Arabia, Turkey, Qatar and Russia to ensure that they take a constructive position and refrain from contributing to a further escalation of the situation; continues to urge all members of the UNSC to honour their responsibilities with regard to the crisis; recalls the repeated use by Russia and others of veto powers in the UNSC and considers this use to run contrary to international efforts for peace and conflict resolution in Syria and the region; emphasises that the use of sanctions should be considered against all those individuals and entities involved in crimes against humanity in Syria; expresses grave concern about the mass and widespread violations of international humanitarian and human rights law by all sides in the Syrian conflict and stresses the importance of ensuring accountability for such abuses; reiterates its support to Syria’s neighbours who are facing monumental challenges in hosting millions of refugees; reiterates its full support for the independence, territorial integrity and sovereignty of Iraq and Syria, where the rights of all ethnic and religious groups are fully respected;

48.

Recognises Turkey’s role as an important partner in solving the Syrian conflict, the fight against IS/Daesh in Syria and Iraq and the migration crisis; strongly condemns the attempted military coup against the democratically elected government of Turkey; encourages the Turkish Government to protect the constitutional order, while underlining the importance of respect for human rights, the rule of law, freedom of expression and the independence of the judiciary and of the media in the aftermath of the coup, in line with its commitments as a member of the Council of Europe; underlines that Turkey should cooperate closely with the Council of Europe in order to ensure that all procedures respect the rule of law; is alarmed by the repressive nature and the extent of the purge launched after the attempted coup, severely setting back basic freedoms and human rights in Turkey; is particularly concerned about the increasing number of cases of excessive use of force by the police and the ill-treatment of detainees, the persisting impunity for human rights abuses, and erosion of the independence of the judiciary;

49.

Highlights the need to achieve a two-state solution to the conflict in the Middle East — based on the parameters set out in the Council Conclusions of July 2014 — that guarantees a secure state of Israel and a viable Palestinian state on the basis of the 1967 borders and resolves all permanent status issues in order to end the conflict; calls on the EU to assume its responsibility and to become a genuine actor and facilitator in the diplomatic process; calls on the EU institutions and Member States to take urgent steps to protect the viability of the two-state solution and to create a positive dynamic towards genuine peace negotiations; calls on the Israeli authorities to immediately halt and reverse their settlement policy; stresses that respect for international human rights and humanitarian law by all parties and in all circumstances remains an essential precondition for achieving a just and lasting peace; stresses the importance of ensuring the coherence of EU policy as regards situations involving the occupation or annexation of territory;

50.

Believes that the fight against human traffickers is only possible where there is cooperation with countries on the other side of the Mediterranean and in Africa as a whole that is based on respect for human rights, and believes, in this regard, that the European Union and its Member States must cooperate with international partners to address the push factors which lead to migration;

51.

Strongly supports the strengthening of Responsibility to Protect (R2P) as an important governing principle in the European Union and its Member States’ work across the conflict spectrum, as well as on human rights and development;

The power of European diplomacy: knowledge, engagement and impact

52.

Highlights the EU’s immense potential as a diplomatic superpower which is based on the wide range of instruments at our disposal and our normative power in the field of democracy, freedom and human rights; stresses in this context the central coordinating role of the VP/HR, the EEAS and the EU delegations in third countries;

53.

Believes that special attention should be paid to preventing conflict, addressing the root causes of instability and assuring human security; recognises that early preventive actions against long-term risks of violent conflict are more effective, less time-consuming and less expensive than peacekeeping operations; urges the EU to show political leadership in preventive diplomacy and conflict mediation; welcomes in this regard the role of the EU Conflict Early Warning System, the EEAS Mediation Support Team and the European Institute of Peace; calls for the further development of EU conflict prevention and mediation capacities; underlines that women’s participation in conflict resolution talks is crucial to promote women’s rights and participation and is a first step towards their full inclusion in the future transitional processes; calls on the VP/HR and the Commission to increase the financial and administrative resources earmarked for dealing with mediation, dialogue, reconciliation and crisis response; urges Member States to strictly adhere to the norms established by the EU’s Common Position on arms exports and to cease arms trade with third countries who do not fulfil the criteria listed; insists that the EU step up political dialogue and cooperation on disarmament, non-proliferation and arms control;

54.

Strongly encourages further negotiations on the reunification of Cyprus in order to reach a rapid and successful conclusion;

55.

Believes that the European Union and its Member States must develop effective foreign, security and defence policy which respects national interests but also seeks to work with international partners, the United Nations, NGOs, human rights defenders and others on issues of shared concern and in order to promote peace, prosperity and stability around the world; stresses the need for close cooperation with other global and regional powers on global threats and challenges; emphasises in particular the crucial importance of the transatlantic relationship, which is based on common interests and values; points out that a revitalisation of these strategic partnerships, seeking to transform them into an effective foreign policy instrument, should be a priority for the EU;

56.

Takes the view that the EU should upgrade and intensify its diplomatic efforts in Asia, including with ASEAN, in order to contribute to greater stability and security in conflict areas with renewed tensions, working closely with partners in the region and upholding international law, including in the South China Sea and the Indian Ocean, and in order to address issues relating to the protection of human rights and the rule of law; notes the need for the EU to continue supporting the development of peaceful relations between China and its neighbours around the South China Sea, including Vietnam, Taiwan and the Philippines, through constructive bilateral and inclusive multilateral mechanisms; believes that a strengthening and renewal of the structures of international order cannot be achieved without Asia, and especially China; emphasises that, in light of China’s global ambitions, the EU-China relationship must extend beyond economic ties to become more comprehensive and focus on China’s role in the UN, its influence in regional conflicts in its neighbourhood, and its contribution to addressing global challenges;

57.

Calls on the EU not to withdraw fully from areas that are currently of less strategic interest but which could become important again in the future — either economically or from a human or military perspective — such as central Asia, sub-Saharan Africa or the Arctic, and which are attracting the interest of other world powers;

58.

Recalls the importance of Europe’s normative power, and calls for the further strengthening of the EU’s cultural and science diplomacy in order to project and promote European strengths and values beyond our borders; points out also the power of economic diplomacy, inter alia sanctions, as a tool for enforcing EU polices;

59.

Highlights the role of parliamentary diplomacy in strengthening political cooperation with the EU’s partners;

60.

Highlights the need for a strengthened role of national parliaments in the implementation of the Common Foreign and Security Policy, including through intensified cooperation between the European Parliament and national parliaments on matters of EU foreign and security policy;

61.

Emphasises the role played by non-state actors and civil society organisations as actors in diplomacy and key partners of the EU, and stresses the importance of EU assistance to and engagement with them;

62.

Stresses the need to speed up the consolidation of the fully-fledged European Diplomatic Service, and in particular to strengthen its thematic expertise and strategic policy planning and forecasting, as well as the area of intelligence; considers that it is important to also give the EEAS representations in crisis areas a consular role with a view to assisting EU citizens; insists on the need for a fair balance between diplomats seconded from the Member States and EU officials in the EEAS, including in management positions;

63.

Stresses that the financial means available for the EU’s external action are not commensurate to the challenges we are facing; calls in this regard for a substantial increase in the resources available under heading IV of the MFF in the context of the upcoming mid-term review;

64.

Calls for more accountability and transparency, in particular in relation to the negotiation of international agreements;

65.

Deeply regrets the limited budget of around EUR 320 million (0,2 % of the EU budget) for the EU’s CFSP and calls for better management of the financial flows to implement this budget; stresses that the budget allocations decided for 2016 remain at the same level as 2015 and that, with an additional EUR 5 million in security measures approved for the EUCAP Sahel Mali mission and EUR 10 million for EUBAM Libya, the margin available at the end of March 2016 was EUR 170 million; expresses its concern at the shortage of resources available in view of the commitments which will have to be met throughout 2016, with an additional budget of EUR 169 million envisaged just to continue those missions ending in 2016;

66.

Highlights the important role of culture in EU external policy in promoting dialogue and mutual understanding and learning; stresses that targeted cultural and educational policies can support key EU foreign and security policy objectives and contribute to the reinforcement of democracy, the rule of law and the protection of human rights; reiterates the role of intercultural and interreligious dialogue in combating extremism, radicalisation and marginalisation; calls on the Commission and the EEAS to take cultural diplomacy and intercultural dialogue into account in EU external relations instruments and in the EU development agenda; calls on the EEAS and EU delegations all over the world to appoint a cultural attaché in each EU representation in third partner countries; further stresses the crucial role of education in fostering citizenship and intercultural skills, as well as in building better economic prospects and improving health; encourages the current efforts of the Commission to enhance the role of science and research cooperation as soft-power tools in European external relations; highlights how scientific exchange can contribute to coalition building and conflict resolution, particularly in the relationship with the EU’s neighbouring countries;

o

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67.

Instructs its President to forward this resolution to the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the Council and the Commission.

(1)  Texts adopted, P8_TA(2016)0249.


6.7.2018   

EN

Official Journal of the European Union

C 238/101


P8_TA(2016)0504

CAP tools to reduce price volatility in agricultural markets

European Parliament resolution of 14 December 2016 on CAP tools to reduce price volatility in agricultural markets (2016/2034(INI))

(2018/C 238/08)

The European Parliament,

having regard to Regulations (EU) No 1305/2013, (EU) No 1306/2013, (EU) No 1307/2013 and (EU) No 1308/2013 of the European Parliament and of the Council setting out the European Union’s common agricultural policy,

having regard to the March 2016 study carried out for its Committee on Agriculture and Rural Development entitled ‘State of Play of Risk Management Tools Implemented by Member States during the period 2014-2020: National and European Frameworks’,

having regard to Rule 52 of its Rules of Procedure,

having regard to the report of the Committee on Agriculture and Rural Development and the opinion of the Committee on Budgets (A8-0339/2016),

A.

whereas instability and price volatility have always characterised agricultural markets, and over the past few years have become, due to a rapid succession of shocks in demand, supply and price, a structural feature of agriculture at both European and world level;

B.

whereas agriculture must meet the major challenge of world population growth, while a large part of the planet’s population remains malnourished, and the volatility of agricultural markets to variations in production and imbalances between supply and demand will continue to increase;

C.

whereas climate change and agricultural pests adversely affect agricultural output levels, and manifestations of climate change such as drought and floods contribute to price volatility;

D.

whereas macro-economic conditions can play a key role in price volatility, including structural factors such as exchange rates, energy and fertiliser prices, interest rates and speculation on agricultural markets;

E.

whereas outside the EU the main global players in agricultural markets are introducing policies that aim to curb volatility, and whereas the agricultural G20 has also undertaken to address the issue, in the context of sustainable development, by taking action to combat the negative impact on food security of the excessive volatility of agricultural raw material prices;

F.

whereas every region in the world has its own production models, as well as different measures in place with regard to environment and animal welfare, which can have serious implications for the cost-price of production, and whereas European farmers should be able to compete on the world market;

G.

whereas political choices, such as the imposition of trade embargoes, can increase the volatility of agricultural product prices;

H.

whereas the European Union does not currently have a genuine safety net to curb market volatility, which acts a powerful disincentive for farmers to continue working on EU territory;

I.

whereas in recent decades market opening and choices leading to economic globalisation, especially under the impulse of the WTO agreements or bilateral trade agreements, have enabled greater market fluidity but have also played a part in heightening the phenomenon of price volatility in agriculture;

J.

whereas farmers have been experiencing increasing production costs and an increase in farm debt, and whereas 2,4 million farms in the EU disappeared between 2005 and 2010, which resulted in the loss of a large number of jobs in rural areas;

K.

whereas agricultural markets, as the meeting-point of supply and demand, are inherently unstable, and whereas the presence of financial actors tends to reinforce this instability, and the limited elasticity of global food demand and agricultural product supply contributes to an increase in the effect of real or perceived imbalances on market participants, with a sometimes shocking impact on agricultural product prices;

L.

whereas the financialisation of the global economy and the accompanying speculation might have an impact on agricultural markets and may contribute to increasing their imbalance and the volatility of prices, with agricultural raw materials being used simply as financial assets; as was highlighted by the dreadful hunger riots in 2008, this excessive financialisation can be devastating and ethically reprehensible if it threatens the food security of the poorest, least well-nourished people on the planet;

M.

whereas the European Union has a responsibility to contribute to food security in Europe and to the competitive position of European farmers and market gardeners on the world market;

N.

whereas the agricultural and agri-food sector is important for the EU’s economy and has the potential to contribute to sustainable growth;

O.

whereas price volatility creates a high degree of uncertainty among producers and consumers, with the former seeing their income and ability to invest, and therefore the long-term viability of their activities, as under threat when prices are low, whilst the ability of consumers to feed themselves and have access to basic goods might be compromised by high food prices, thereby giving rise to crisis situations;

P.

whereas price volatility is damaging to farming and the agri-food sectors, which is detrimental to investment, growth and employment and which can also seriously affect consumer supply, food security and the smooth operation of the CAP;

Q.

whereas price volatility affects farmers’ capacity to invest and create employment, which discourages modernisation, innovation, young farmers and generational renewal;

R.

whereas sustainable farming as a source of high-quality food can only be ensured if farmers receive adequate farm-gate prices which cover all the costs of sustainable production;

S.

whereas in the context of the ‘digital revolution’, greater transparency in European markets and timely access to information may contribute, among other tools, to limiting the volatility of markets and prices through improved and more objective access for economic operators to the development of agricultural markets, helping to provide better protection for farmers’ incomes and countering agricultural market speculation;

T.

whereas the CAP as reformed in 2013 includes tools for risk management within the framework of rural development policy, and whereas only 2 % of the second-pillar budget and 0,4 % of the CAP budget are currently spent on these tools;

Current situation and objectives

1.

Considers that farmers will be increasingly exposed to price volatility, arising from various causes such as the instability and imperfection of agricultural markets, the globalisation and sophistication of agricultural markets, greater variability of supply due to climatic instability, increased health risks and the uncertain equilibrium of food supply;

2.

Deems it necessary to adopt a more incisive and coherent policy, with targeted instruments at EU and national level, in order to secure multifunctional, sustainable agricultural production throughout the Union along with fair and remunerative prices, by lessening the negative effects for those operators most exposed to price volatility in particular;

3.

Notes that the various agricultural sectors have different degrees of exposure to price volatility and that the calibration of public policy tools or mitigation strategies of the actors involved must be adapted to each sector and to the real, current and future risks faced by farmers;

4.

Notes that, while the European Union is scaling back its strategic support for agriculture, its competitors on the world market, notably the United States, Brazil and China, make available very considerable, and increasing, sums of public money for developing new risk-policy models and providing instruments to protect their farmers from the effects of price volatility;

5.

Points out that the European Union is the only agricultural actor to base its agricultural policy on support decoupled from production, while at the same time dismantling its strategic supports for agriculture over the years;

6.

Notes that in its Farm Bill 2014 the United States has developed specific insurance policies for different agricultural sectors;

7.

Points out that the CAP has consistently evolved over the past decades, while its main objectives of ensuring a decent standard of living for farmers and providing a stable and safe food supply at affordable prices for consumers remain valid;

8.

Highlights in this regard the fact that a European common policy is vital for a sector that is responsible for ensuring food security and food safety and which plays a key role in the use of natural resources and the sustainable economic and environmental development of rural areas;

9.

Underlines the importance of using synergies between the CAP and other EU policies;

10.

Notes that the most recent reforms of the CAP have almost fully decoupled direct aid from production, have continued the process of convergence for direct payments and have taken on board societal and, in particular, environmental concerns to a greater extent;

11.

Notes with concern a reduction in CAP resources throughout the years, in particular those devoted to common market organisation (CMO) measures, opening up the prospect of CAP renationalisation, and undermining fair conditions and a level playing field in the EU’s single market;

12.

Stresses that EU farmers’ average annual incomes have stagnated or even declined over the past 10 years, while production costs have continuously increased, resulting in a substantial drop in the number of farms, with the threat of many job losses in rural areas;

13.

Considers that the Commission should use the entire financial margin for manoeuvre at its disposal within the single CMO;

14.

Regrets the very slow rate of implementation of the single CMO tools to reduce the harmful impact of price volatility and manage market disruption);

15.

Points out that most of the risk management instruments, mutual funds, income stabilisation and insurance tools granted under rural development programmes are being implemented unevenly and with limited budget funding;

16.

Recommends, therefore, that current second-pillar measures be reinforced in order to enhance the competitiveness of European agriculture and to involve producers’ organisations closely in the implementation process;

17.

Calls on the Commission to conduct an in-depth analysis of the reasons for both the weak uptake of the tools available under the second pillar of the CAP and the sub-optimal implementation of the single CMO, with the purpose of reviewing the relevant provisions accordingly;

18.

Underlines the importance of maintaining decoupled direct aids under the current CAP together with the single area payment scheme, which constitute compensation for public services and a vital component in securing the income of farmers and providing them with a degree of financial stability;

19.

Stresses, however, that the current CAP, lacking responsive and effective tools, has neither adequately addressed the greater volatility seen on agricultural markets nor allowed farmers to respond to market signals or develop solutions to cope with price changes;

20.

Calls on the Commission to take urgent action to support the agricultural sector of the outermost, mountainous and less favoured regions, where costs linked to producing, harvesting and marketing products outside the areas where they were produced are much higher than in other areas, and to provide specific indicators for the activation of safety net measures for agricultural markets in these regions;

21.

Considers that the EU’s food autonomy and security, as well as the development of a competitive and sustainable farming sector throughout the Union that meets the needs of citizens, must remain strategic objectives for the future CAP, while a fair standard of living for farmers must be guaranteed as a matter of urgency;

22.

Considers that viable food production cannot exist without European farmers, who are continuously exposed to price volatility and depend heavily on stable markets and prices, as well as adequate public funding and measures preserving the competitiveness of farms and family farms;

23.

Highlights in this regard the important role of young farmers and newcomers in guaranteeing the future of European agriculture;

Proposals

Sectoral organisation and contractual systems

24.

Considers that primary producers are the weakest link in the food supply chain, especially in view of an increasingly concentrated and large retail sector at European and national level, and must be permitted to come together in bodies such as cooperatives, producers’ organisations, or their own associations or inter-branch organisations;

25.

Calls on the Commission to facilitate the introduction of contractual systems by adjusting, in accordance with Article 42 of the Treaty on the Functioning of the European Union, EU competition policy to the specific needs of the agricultural sector, with uniform rules and implementation in all Member States; considers that the CAP objectives must continue to prevail over competition rules and that any initiatives to better adapt competition law to the specificities of the agricultural sector should be based on the single CMO regulation;

26.

Stresses that the negotiating power of producers must be strengthened in the food chain, through standard, transparent, balanced and collectively negotiated contracts, in order to place farmers in a position to counter unfair trading practices, boost their competitiveness, improve their income stability, generate added value and invest in innovation;

27.

Asks the Commission to set up an EU legislative framework forbidding unfair trading practices in the food supply chain that can create price volatility on agricultural markets;

28.

Stresses that those contracts should be of adequate duration and should lay down the prices, payment periods and other terms for the supply of agricultural products;

29.

Considers that farmers in the various farming sectors should be able to negotiate the terms of contracts collectively via producers’ organisations whose size corresponds to that of the industrial or distribution groups they are negotiating with;

30.

Notes that the potential offered by longer-term integrated supply chain contracts, forwards contracts, fixed-margin contracts and the opportunity to ‘lock in’ prices that reflect production costs for a set period of time could offer producers a tool with which to manage the impact of volatility on their margins;

31.

Believes that the option of making use of new instruments in contractual relations should be available, and that contract mediation tools must also be made available);

32.

Notes that inter-branch organisations encourage trust and dialogue among the various stakeholders (producers, processors and distributors) and facilitate the creation of added value through joint initiatives that help farmers to understand markets and production better, promote good practices and market transparency, forecast production potential, help improve supply management and draw up standard contracts that are compatible with EU rules and regulations;

33.

Calls on the Commission to encourage EU-level inter-branch organisations to jointly defend the interests of producers in the sectors most oriented towards cross-border markets, such as the fruit and vegetable sector;

34.

Recognises the efforts made by European cooperatives in uniting and helping producers to improve their position in the value chain, and believes it is necessary to encourage them to play a greater role in agricultural sectors, thus mitigating the effects of excessive market volatility;

Risk management tools

35.

Recommends that the tools for climate, health and economic risk management, particularly the various types of risk insurance for agriculture production, income stabilisation tools, individual provision mechanisms and mutual funds, be further developed in a market-oriented CAP in order to limit the effects of price volatility and encourage forward-looking farm management;

36.

Calls on the Commission to foster the exchange of best practices between Member States and to develop new tools, which should not only be fair, efficient and reactive, but also affordable and accessible for farmers, in order to prevent and manage the risks associated with price volatility and thus to lay the foundations for discussion of the future reforms of the CAP;

37.

Underlines that such tools, coming alongside the direct payment system, must be equipped with sufficient resources to increase the resilience of farming while reducing the need for ex-post crisis management;

38.

Considers that sectorial managed mutual funds, established on the initiative of farmers, can stabilise farmers’ incomes to some extent as the profit margins on their produce fluctuate;

39.

Considers further that those mutual funds should not replace the support provided by the Union and should be combined with national support;

40.

Calls also on the Commission to take initiatives by offering incentives to set up such funds, while guaranteeing that any future risk management scheme must comply with, and where necessary complete, insurance systems adopted at national level by Member States;

41.

Considers that price volatility can also be managed at national level, and invites the Member States to take into account market volatility in their tax rules by allowing farmers to create individual provision mechanisms that could be tax-free;

42.

Considers that farmers are economically among the most vulnerable actors on the markets, particularly those who have invested in developing their holdings;

43.

Considers further that CAP tools, such as effective cash flow assistance or precautionary savings scheme should be put in place in order to prevent the impetus for investment from being lost;

44.

Highlights the fact that farms can only afford to innovate if capital costs are low and there is a degree of liquidity available; emphasises in this regard that a stable income is one of the preconditions that enable farmers to gain access to loans;

45.

Notes that the role and actions of the banking sector have an acute impact on producers and that the increasing levels of farm debt add additional burdens to the sector in times of volatility;

46.

Underlines the importance of informing farmers better on the European Investment Bank’s key role in supporting and developing the rural economy and how to benefit from innovative financial instruments;

47.

Considers that better information on the modernisation, sustainability and competitiveness of holdings must be made available to farmers and farmers’ organisations, while at the same time providing training courses on risk management, market data, margins and volatility;

48.

Calls on the Commission to adopt, in close cooperation with national authorities and farming groups, an awareness-raising plan on the risk management tools available within Pillar II and in the single CMO;

49.

Calls on the Member States and local authorities to strengthen the aforementioned aspects in their programmes of agricultural education and vocational training;

50.

Believes that one of the ways of stabilising markets and reducing price volatility is to ensure a better balance between supply and demand;

Agricultural market and price observatories

51.

Considers that agricultural markets must be transparent, which can principally be achieved by making the publication of existing information on prices and costs more timely, easily accessible and useful to all stakeholders in the supply chain, from production to distribution, thus limiting price speculation and price volatility;

52.

Notes, however, that price transparency in itself will do nothing to improve the resilience of farmers against price volatility or to resolve structural faults in market organisation such as the imbalances between supply and demand;

53.

Encourages the creation of a European map with real-time information on the availability of agricultural products;

54.

Welcomes the extension of additional market monitoring instruments to other sectors;

55.

Emphasises the important advantage for farmers of being aware of price formation and movements, as well as trends in supply, when negotiating contracts with all other stakeholders;

56.

Recommends the establishment of European agricultural price observatories, covering the entire chain, from the producer price to the final selling price, in order to provide ongoing, segment-by-segment analysis of agricultural markets;

57.

Recommends the involvement of economic stakeholders when making up-to-date and relevant data on movements and short- and medium-term forecasts available at monthly or bi-monthly intervals corresponding to the specific needs of the relevant sector;

58.

Urges the Commission to provide the necessary resources for observatories to enable them to make recommendations, rather than to purely monitor disruptions;

Crisis prevention and management tools

59.

Takes the view that the traditional CAP crisis management tools (public intervention and private storage) are not sufficiently effective in a globalised economy;

60.

Calls on the Commission, therefore, to develop combinable and/or complementary public- and private-sector tools, together with a tailored, binding early warning mechanism in order to ensure the proper functioning of markets and counteract market crises;

61.

Considers that the Commission should use all the tools already at its disposal in the single CMO to fight crises;

62.

Regrets the low use of the crisis reserve, which is mainly due to budgetary rules, in particular the annuality rule, and to the discretion that the Commission enjoys when it comes to releasing funds from the reserve;

63.

Calls, therefore, for the crisis reserve to be constituted outside the CAP budget and for it to serve as source of funding for crisis management tools;

64.

Looks upon countercyclical measures as crisis prevention and management tools, in combination with the risk management tools, through which the EU can intervene on agriculture markets in cases of ‘force majeure’ crisis so as to avoid substantial price cuts;

65.

Calls on the Commission to conduct a study on how to develop mechanisms to prevent and combat crises due to price volatility using countercyclical aids, and to provide for greater flexibility in the annual budgets, within the bounds of the multiannual financial envelope, in order to take account of the countercyclical aids;

o

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66.

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

Thursday 15 December 2016

6.7.2018   

EN

Official Journal of the European Union

C 238/108


P8_TA(2016)0505

The cases of the Larung Gar Tibetan Buddhist Academy and of Ilham Tohti

European Parliament resolution of 15 December 2016 on the cases of the Larung Gar Tibetan Buddhist Academy and Ilham Tohti (2016/3026(RSP))

(2018/C 238/09)

The European Parliament,

having regard to its previous resolutions on Tibet, in particular those of 25 November 2010 on Tibet: plans to make Chinese the main language of instruction (1), of 27 October 2011 on Tibet, in particular self-immolation by nuns and monks (2) and of 14 June 2012 on the human rights situation in Tibet (3),

having regard to its previous resolutions of 26 November 2009 on China, minority rights and application of the death penalty (4) and of 10 March 2011 on the situation and cultural heritage in Kashgar (Xinjiang Uyghur Autonomous Region, China) (5),

having regard to its resolution of 16 December 2015 on EU-China relations (6),

having regard to the nine rounds of talks from 2002 to 2010 between high-ranking representatives of the Chinese government and the Dalai Lama; having regard to China’s White Paper on Tibet, entitled ‘Tibet’s Path of Development Is Driven by an Irresistible Historical Tide’ and published by China’s State Council Information Office on 15 April 2015; having regard to the 2008 Memorandum and the 2009 Note on Genuine Autonomy, both presented by the Representatives of the 14th Dalai Lama,

having regard to Article 36 of the Constitution of the People’s Republic of China, which guarantees all citizens the right to freedom of religious belief and to Article 4 that upholds the rights of ‘minority nationalities’,

having regard to the remarks made by Donald Tusk, President of the European Council, on 29 June 2015 at the joint press conference with Chinese Prime Minister Li Keqiang following the 17th EU-China Summit, in which he expressed the EU’s ‘concerns on freedom of expression and association in China, including the situation of the persons belonging to minorities such as Tibetans and Uighurs’ and ‘encouraged China to resume a meaningful dialogue with the Dalai Lama’s representatives’,

having regard to the ‘Sixth Tibet Work Forum’ organised by the Central Committee of the Chinese Communist Party (CCP) and held in August 2015,

having regard to the statement of 23 September 2014 by the EEAS Spokesperson condemning the life sentence handed out to Uighur economics professor Ilham Tohti and calling for his immediate and unconditional release,

having regard to the EU–China dialogue on human rights launched in 1995 and to the 34th round held in Beijing on 30 November and 1 December 2015,

having regard to the fact that on 11 October 2016 Ilham Tohti was awarded the Martin Ennals Award for his defence of human rights, and in September 2016 he was nominated for the Sakharov Prize for Freedom of Thought,

having regard to the EU-China Strategic Partnership launched in 2003 and to the European Commission and EEAS joint communication to the European Parliament and the Council of 22 June 2016 entitled ‘Elements for a new EU strategy on China’,

having regard to the International Covenant on Civil and Political Rights of 16 December 1966,

having regard to the Universal Declaration of Human Rights of 1948,

having regard to Rules 135(5) and 123(4) of its Rules of Procedure,

A.

whereas the promotion of and respect for human rights, democracy and the rule of law should remain at the centre the long-standing partnership between the EU and China, in line with the EU’s commitment to uphold these values in its external action and China’s expressed interest in adhering to these same values in its own development and international cooperation;

B.

whereas, in its development objectives, the Chinese Government has indicated that it is seeking a greater role in addressing global challenges, such as international peace and security and climate change, and increased influence over both political and economic global governance, and has committed to strengthening the rule of law;

C.

whereas the 17th EU-China Summit of 29 June 2015 lifted bilateral relations to a new level, and whereas in its strategic framework on human rights and democracy the EU pledges that it will place human rights at the centre of its relations with all third countries, including its strategic partners; whereas the 18th EU-China Summit of 12-13 July 2016 concluded that another round of the human rights dialogue between EU and China would be held still in 2016;

D.

whereas China has made progress over the last decades in the realisation of economic and social rights, reflecting its stated priorities regarding people’s rights to subsistence and development, but its achievements in the area of political and civil rights, together with the promotion of human rights, are limited;

E.

whereas, during 34th EU-China Dialogue on Human Rights held in Beijing on 2 December 2015, the EU raised its concerns about respect for the rights of persons belonging to minorities, especially in Tibet and Xinjiang, and about respect for freedom of religion or belief; whereas the case of Ilham Tohti was discussed during the 34th EU-China Dialogue on Human Rights;

F.

whereas the Larung Gar Institute, the largest Tibetan Buddhist centre in the world founded in 1980, is currently facing extensive demolition by the Chinese Government with the objective of downsizing the academy by fifty percent, evicting around 4 600 residents by force and destroying around 1 500 dwellings; whereas according to the Chinese authorities this demolition is necessary in order to carry out ‘correction and rectification’;

G.

whereas the evictees are to be forcibly enrolled in so-called ‘patriotic education’ exercises; whereas three nuns at the academy committed suicide in protest at the ongoing large-scale demolitions at Larung Gar;

H.

whereas an extremely high number of Tibetans, mostly monks and nuns, have reportedly set themselves on fire since 2009 in protest against restrictive Chinese policies in Tibet and in support of the return of the Dalai Lama and the right to religious freedom in the Aba/Ngaba county prefecture in Sichuan Province and other parts of the Tibetan plateau;

I.

whereas envoys of His Holiness the Dalai Lama have approached the Government of the People’s Republic of China to find a mutually beneficial solution to the issue of Tibet; whereas no progress has been made in the resolution of the Tibetan crisis in the last few years, as the last round of talks took place in 2010 and the negotiations are currently frozen;

J.

whereas the Uighur economics professor Ilham Tohti was sentenced to life imprisonment on 23 September 2014 on the charge of alleged separatism after being arrested in January of the same year; whereas seven of his former students were also detained and condemned to prison sentences of between three and eight years for alleged collaboration with Mr Tohti;

K.

whereas there are allegations that the due process of law was not respected, in particular with regard to the right to a proper defence;

L.

whereas the Xinjiang region, in which the Muslim Uighur ethnic minority is mainly located, has experienced repeated outbreaks of ethnic unrest and violence; whereas Ilham Tohti has always rejected separatism and violence and sought reconciliation based on respect for Uighur culture;

1.

Urges the Chinese authorities to stop the demolition of Larung Gar and the eviction of its residents, and in this way to respect the freedom of religion in accordance with its international commitments in the field of human rights;

2.

Calls on the Chinese authorities to initiate a dialogue and to engage constructively on developments in Larung Gar with the local community and its religious leaders, and to address concerns regarding overcrowded religious institutes by allowing Tibetans to establish more institutes and build more facilities; calls for adequate compensation and the re-housing of Tibetans who have been evicted during the demolitions in Larung Gar at the place of their choice to continue their religious activities;

3.

Deplores the sentencing of ten Tibetans by the Intermediate People’s Court in Barkham to different terms ranging from 5 to 14 years in prison for taking part in an 80th birthday celebration of His Holiness the Dalai Lana in Ngaba County;

4.

Is deeply concerned by the deterioration of the human rights situation in Tibet which has led to an increase in the number of self-immolation cases; criticises the increase in military displays on the Tibetan plateau that will only lead to escalating tension in the region; condemns the increase in the use of surveillance systems in Tibetan private households;

5.

Is worried about the increasingly repressive regime faced by different minorities, in particular Tibetans and Uighurs, as additional constraints are put on the constitutional guarantees of their right to freedom of cultural expression and religious belief, and to the freedom of speech and expression, peaceful assembly and association, calling into question China’s stated commitment to the rule of law and respect for international obligations; demands that the authorities respect these fundamental freedoms;

6.

Is worried about the adoption of the package of security laws and its impact on minorities in China, particularly the law on counter-terrorism that could lead to the penalisation of peaceful expression of Tibetan culture and religion and the law on the management of international NGOs which will come into effect on 1 January 2017 and will place human rights groups under the strict control of the government, as this constitutes a strictly top-down approach instead of encouraging partnership between local and central government and civil society;

7.

Urges the Chinese Government to amend the provisions in the security law package that narrow the space for civil society organisations and tighten government control over religious practices; calls on the Chinese Government to provide and guarantee a fair and safe environment for all NGOs and human rights defenders to operate freely in the country, which could greatly complement the state delivery of social services with a bottom-up approach and contribute to the advancement of social and economic, political and civil rights;

8.

Calls on the Chinese Government to resume the dialogue with Tibetan representatives, which was ended by China in 2010, in order to find an inclusive political solution to the crisis in Tibet; calls for respect for the freedoms of expression, association and religion of the Tibetan people as enshrined in the Constitution; believes that respect for minority rights is a key element of democracy and the rule of law that is indispensable for political stability;

9.

Strongly condemns the imprisonment of Ilham Tohti who is serving a life sentence on alleged charges of separatism; deplores the fact that the due process of law was not respected and that he did not benefit from the right to a proper defence; urges the Chinese authorities to respect the norm of granting one visit per month for family members;

10.

Calls for the immediate and unconditional release of Ilham Tohti and of his supporters detained in relation to his case; further calls for Ilham Tohti’s teaching permit to be restored and for his free movement to be guaranteed within and outside China;

11.

Recalls the importance of the EU raising the issue of human rights violations in China, in particular the case of minorities in Tibet and Xinjiang, at every political and human rights dialogue with the Chinese authorities, in line with the EU’s commitment to project a strong, clear and unified voice in its approach to the country, including the yearly Human Rights Dialogues; further points out that, as part of its ongoing reform process and increasing global engagement, China has opted into the international human rights framework by signing up to a wide range of international human rights treaties, and therefore calls for dialogue to be pursued with China to live up to these commitments;

12.

Deplores the fact that the 35th round of the EU-China Human Rights Dialogue will probably not take place before the end of 2016, as agreed; urges the Chinese Government to agree to a high-level dialogue in the first weeks of 2017;

13.

Instructs its President to forward this resolution to the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the Council, the Commission, the governments and parliaments of the Member States, and the Government and the Parliament of the Peoples’ Republic of China.

(1)  OJ C 99 E, 3.4.2012, p. 118.

(2)  OJ C 131 E, 8.5.2013, p. 121.

(3)  OJ C 332 E, 15.11.2013, p. 69.

(4)  OJ C 285 E, 21.10.2010, p. 80.

(5)  OJ C 199 E, 7.7.2012, p. 185.

(6)  Texts adopted, P8_TA(2015)0458.


6.7.2018   

EN

Official Journal of the European Union

C 238/112


P8_TA(2016)0506

The situation of the Rohingya minority in Myanmar

European Parliament resolution of 15 December 2016 on the situation of the Rohingya minority in Myanmar (2016/3027(RSP))

(2018/C 238/10)

The European Parliament,

having regard to its previous resolutions on Myanmar and on the situation of Rohingya Muslims, in particular that of 7 July 2016 (1),

having regard to the Council conclusions on the EU strategy with Myanmar/Burma of 20 June 2016,

having regard to the joint communication by the Commission and the High Representative of the Union for Foreign Affairs and Security Policy to the European Parliament and the Council, entitled ‘Elements for an EU strategy vis-à-vis Myanmar/Burma: A Special Partnership for Democracy, Peace and Prosperity’,

having regard to the statement by Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) Federica Mogherini on the entry into office of the new Government of the Union of Myanmar,

having regard to the Statement by the Spokesperson of the VP/HR on the recent escalation of violence in Myanmar of 2 December 2016,

having regard to the joint press release on the third EU-Myanmar Human Rights Dialogue of 25 November 2016,

having regard to the Council conclusions on Statelessness of 4 December 2015,

having regard to the recent briefings of the United Nations High Commissioner for Human Rights (OHCHR) and the UN Special Rapporteur on the situation of human rights in Myanmar of 29 and 18 November 2016 respectively, on the deteriorating human rights situation in northern Rakhine State,

having regard to the report of the United Nations High Commissioner for Human Rights entitled ‘Situation of human rights of Rohingya Muslims and other minorities in Myanmar’, of 20 June 2016,

having regard to the resolution adopted by the United Nations Human Rights Council on 24 March 2016 (31/24), entitled ‘Situation of human rights in Myanmar’,

having regard to the report of the UN Special Rapporteur on the situation of human rights in Myanmar of 18 March 2016,

having regard to the 1951 UN Convention on the Status of Refugees and the 1967 Protocol thereto,

having regard to the 1954 Convention Relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness,

having regard to the UN High Commissioner for Refugees (UNHCR) Global 2014-24 Action Plan to End Statelessness,

having regard to Articles 18-21 of the Universal Declaration of Human Rights (UDHR) of 1948,

having regard to the International Covenant on Civil and Political Rights of 1966 and the International Covenant on Economic, Social and Cultural Rights of 1966,

having regard to the ASEAN Charter,

having regard to the report of the Association of Southeast Asian Nations (ASEAN) Parliamentarians for Human Rights of April 2015, entitled ‘The Rohingya Crisis and the Risk of Atrocities in Myanmar: An ASEAN Challenge and Call to Action’,

having regard to Rules 135(5) and 123(4) of its Rules of Procedure,

A.

whereas UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein, in his report of 20 June 2016, described the continued serious rights violations against the Rohingya, including arbitrary deprivation of nationality, which renders them stateless, severe restrictions of freedom of movement, threats to life and security, denial of the rights to health and education, forced labour, sexual violence and limitations on their political rights, ‘which may amount to crimes against humanity’; whereas Mr Al Hussein indicated that Rohingya are excluded from numerous professions and need special paperwork to access hospitals, which has resulted in delays and in the deaths of babies and their mothers during childbirth; whereas John McKissick, the head of the UN refugee agency’s office in the Bangladeshi town of Cox’s Bazar has recently gone on record as stating that Myanmar is attempting to ‘ethnically cleanse the Muslim Rohingya minority from its territory’; whereas the human rights violations against the Rohingya minority amount to collective punishment;

B.

whereas on 9 October 2016 gunmen attacked three police outposts near the Bangladesh border, leaving nine police officers dead and many weapons missing; whereas the Government of Myanmar claimed the gunmen were Rohingya militiamen and, following this, declared Maungdaw district an ‘operation zone’ with curfews and other severe restrictions, including for journalists and outside observers, who are not allowed to access the area;

C.

whereas according to human rights organisations, local sources report serious human rights abuses by government forces in the so-called operation zone; whereas the Government of Myanmar has reported the deaths of 69 alleged militants and 17 members of the security forces, a claim which cannot be independently verified due to access restrictions;

D.

whereas on 3 November 2016 a second attack on a border guard post resulted in the death of a police officer;

E.

whereas human rights organisations, notably Human Rights Watch, using satellite imagery, have reported large-scale destruction of homes and other types of buildings in parts of northern Rakhine State currently inaccessible to NGOs and independent observers;

F.

whereas the Government of Myanmar conducted a government-supervised tour of some impacted sites in Maungdaw on 2 and 3 November 2016 with a nine-member delegation of foreign ambassadors, including the UN Resident Coordinator, which confirmed that they saw burned structures in several towns;

G.

whereas in recent weeks at least 25 000 Rohingya have fled into neighbouring Bangladesh, and an estimated 30 000 residents of Rakhine State have been displaced by the violence; whereas more than 56 000 Rohingya are currently registered with the UNHCR in Malaysia;

H.

whereas since 2011 Myanmar has taken steps to reform its economy and political system; whereas, however, the army still has a disproportionate hold on the country’s affairs; whereas in November 2015 a new national parliament was elected and in March 2016 a democratically elected national government was installed;

I.

whereas in response, the EU and other global players have lifted sanctions and allowed Myanmar to reintegrate into global political and economic structures; whereas the EU and its Member States have played a significant role in the reform and opening-up process and have contributed with, among other things, significant development aid, training and technical cooperation, promotion of an inclusive Nationwide Ceasefire Agreement and trade under the Everything But Arms (EBA) facility; whereas the EU and Myanmar hold annual human rights dialogues;

J.

whereas many problems persist, however, including in the area of human rights and in particular regarding the situation of the Rohingya Muslim minority; whereas the more than one million Rohingya Muslims have lived in Myanmar for generations, but are currently one of the world’s most persecuted minorities; whereas they have been officially stateless since the 1982 Burmese Citizenship Law; whereas the Rohingya are unwanted by the authorities of Myanmar and by neighbouring countries, although some of those host large refugee populations; whereas Myanmar’s legal framework institutionalises discrimination against minorities and in particular renders the Rohingya stateless, as their temporary identity cards (white cards) were declared to have expired in March 2015 and they have been unable to obtain birth certificates for their children since 2012;

K.

whereas the authorities of Myanmar continue to deny the Rohingya their most basic rights; whereas, according to a report from April 2015 by the ASEAN Parliamentarians for Human Rights, at the time of writing some 120 000 Rohingya remained in more than 80 internal displacement camps in Rakhine State, with limited access to humanitarian aid, while more than 100 000 others have fled by sea or land, often at the hands of human traffickers, to other countries in recent years and many die during these perilous journeys;

L.

whereas rape is reportedly widely used in Myanmar by the armed forces as a weapon of war to intimidate ethnic minorities, with devastating consequences for the victims; whereas the UN Special Representative of the Secretary-General for Sexual Violence in Conflict, Zainab Hawa Bangura, has expressed her grave concerns in this regard; whereas the International Criminal Court includes rape and other forms of sexual violence on its list of war crimes and acts that constitute crimes against humanity; whereas it should be stressed in particular that Rohingya women are victims of multiple forms of discrimination, including sexual abuse and forced sterilisation;

M.

whereas serious concerns exist regarding the situation of the LGBTI community in Myanmar, including Rohingyas, who are still prosecuted and criminalised under the pretext of a colonial-era provision, Section 377 of the Penal Code, and who continue to face arbitrary arrest and detention, intimidation, physical and sexual assault and the denial of health services;

N.

whereas Aung San Suu Kyi announced in a meeting with the UN Special Rapporteur on the situation of human rights in Myanmar, Yanghee Lee, that the term ‘Rohingya’ will not be used by the government — in continuation of the policy in practice under the military dictatorship — as it is considered inflammatory, as is the term ‘Bengali’, and is instead suggesting a new term: ‘Muslim community in Rakhine State’;

O.

whereas Myanmar has made some efforts to advance the peace process, in addition to its preparations for a national peace conference; whereas it is essential to maintain the national ceasefire and to include all ethnic armed groups in order to ensure peace, prosperity and unity in the country;

1.

Is extremely concerned about the reports of violent clashes in northern Rakhine State and deplores the loss of lives, livelihoods and shelter and the reported disproportionate use of force by the armed forces of Myanmar; confirms that the Myanmar authorities have a duty to investigate the 9 October 2016 attacks and prosecute those responsible, but that this must be done in accordance with human rights standards and obligations;

2.

Urges the military and security forces to stop immediately the killings, harassment and rapes of the Rohingya people, and the burning of their homes;

3.

Welcomes the announcement by the Government of Myanmar of the establishment of a Commission of Inquiry into the recent violence in Rakhine State; asks the Government of Myanmar to allow the UN and other outside observers to assist in investigating recent events in Rakhine State’s Maungdaw district, including the 9 October 2016 attacks and the government actions following them; underlines the need to appropriately prosecute those responsible, and to provide adequate redress for victims of violations;

4.

Insists that this only be the first step in a broader commitment to end impunity for crimes against the Rohingya minority; is particularly appalled at reports of sexual violence as a means of intimidation and a weapon of war in the suppression of the Rohingya minority and demands prosecution of the perpetrators of these crimes;

5.

Requests, furthermore, that the Government of Myanmar immediately allow humanitarian aid to reach all conflict areas and displaced people;

6.

Demands that the Government and the civil authorities of Myanmar immediately end the terrible discrimination and segregation of the Rohingya minority;

7.

Calls, therefore, on the Government of Myanmar to reform the 1982 Citizenship Law and to restore citizenship to the Rohingya minority; urges the Government of Myanmar and the Rakhine State authorities to immediately start registering all children at birth;

8.

Calls on the Government of Myanmar to lift all unnecessary, discriminatory and disproportional restrictions in Rakhine State;

9.

Calls on the Government of Myanmar to combat trafficking of persons and transnational organised crime;

10.

Calls on the Government of Myanmar to improve its cooperation with the UN, including the UNHCR and Special Procedures Mandate-holders; urges the Government of Myanmar to implement the recommendations in UN Human Rights Council resolution 31/24 on the situation of human rights in Myanmar; calls on the Government of Myanmar to invite the Office of the UN High Commissioner for Human Rights to open an office in the country, with a full mandate and adequate staff;

11.

Calls on the Government of Myanmar to condemn unequivocally all incitement to racial or religious hatred, to take steps to end hate speech, including from radical Buddhist groups, and to combat social discrimination and hostilities against the Rohingya minority; calls, furthermore, on the Government of Myanmar to uphold the universal right to freedom of religion or belief;

12.

Calls on Sakharov Prize laureate Aung San Suu Kyi to use her key position in the Government of Myanmar to improve the situation of the Rohingya minority; recalls the statement of 18 May 2015 by the spokesperson of Ms Suu Kyi’s party that the Government of Myanmar should restore citizenship to the Rohingya minority;

13.

Recommends that the governments of the countries that cope with the influx of Rohingya refugees cooperate closely with the UNHCR, which has the technical expertise to screen for refugee status and the mandate to protect refugees and stateless people; urges those countries to respect the principle of non-refoulement and not to push the Rohingya refugees back, at least until a satisfactory and dignified solution for their situation has been found; calls in particular upon Bangladesh to allow the entry of Rohingya refugees, whilst acknowledging the efforts already made by Bangladesh to host several hundred thousand refugees;

14.

Welcomes the Council conclusions of 20 June 2016 on an EU strategy vis-à-vis Myanmar; believes that the EU indeed has a strategic interest in strengthening its relationship with Myanmar; believes that the new government has a historic opportunity as well as a duty to consolidate democracy and to achieve peace, national reconciliation and prosperity; is of the opinion that further deepening of the EU-Myanmar relationship must be conditional upon real human rights improvements in that country;

15.

Echoes, furthermore, the calls in the Council conclusions for the building of effective democratic institutions and a strong civil society, the respect for basic rights and freedoms, and the promotion of good governance;

16.

Calls on the European External Action Service to continue the regular bilateral human rights dialogue and to discuss the situation regarding problematic legislation and discrimination of minorities, in particular the Rohingya, in detail and to report back to the European Parliament regarding the outcome of these discussions;

17.

Calls for the EU and its Member States to continue their support of the new democratic structures of Myanmar and to focus in particular on technical cooperation to help improve the various state functions;

18.

Calls for the EU and its Member States to maintain scrutiny of Myanmar at the UN Human Rights Council under agenda item 4;

19.

Calls for the EU to support the UNHCR in its efforts to help Rohingya refugees in the South and Southeast Asia region;

20.

Calls for the EU and its Member States to support the UNHCR Global 2014-24 Action Plan to End Statelessness;

21.

Instructs its President to forward this resolution to the Government and Parliament of Myanmar, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the Commission, the governments and parliaments of the EU Member States, the Secretary General of ASEAN, the ASEAN Intergovernmental Commission on Human Rights, the UN Special Rapporteur on the situation of human rights in Myanmar, the UN High Commissioner for Refugees and the UN Human Rights Council.

(1)  Texts adopted, P8_TA(2016)0316.


6.7.2018   

EN

Official Journal of the European Union

C 238/117


P8_TA(2016)0507

Mass graves in Iraq

European Parliament resolution of 15 December 2016 on mass graves in Iraq (2016/3028(RSP))

(2018/C 238/11)

The European Parliament,

having regard to its resolutions of 27 October 2016 on the situation in Northern Iraq/Mosul (1), of 27 February 2014 on the situation in Iraq (2), of 18 September 2014 on the situation in Iraq and Syria, and the IS offensive, including the persecution of minorities (3), of 12 February 2015 on the humanitarian crisis in Iraq and Syria, in particular in the IS context (4), of 12 March 2015 on recent attacks and abductions by ISIS/Daesh in the Middle East, notably of Assyrians (5), and of 4 February 2016 on the systematic mass murder of religious minorities by the so-called ‘ISIS/Daesh’ (6),

having regard to the Council conclusions of 23 May 2016 on the EU Regional Strategy for Syria and Iraq as well as the Daesh threat, of 14 December 2015 on Iraq, of 16 March 2015 on the EU Regional Strategy for Syria and Iraq as well as the ISIS/Daesh threat, of 20 October 2014 on the ISIS/Daesh crisis in Syria and Iraq, of 14 April 2014 and 12 October 2015 on Syria, and of 15 August 2014 on Iraq, and the European Council conclusions of 30 August 2014 on Iraq and Syria,

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 Iraq and Syria,

having regard to the report of the Office of the UN High Commissioner for Human Rights and the UN Assistance Mission for Iraq (UNAMI) Human Rights Office entitled ‘A Call for Accountability and Protection: Yezidi Survivors of Atrocities Committed by ISIL’ of August 2016,

having regard to the Rome Statute of the International Criminal Court of 1998 and to the provisions thereof on jurisdiction with respect to the crime of genocide, crimes against humanity, war crimes and the crime of aggression,

having regard to the Partnership and Cooperation Agreement between the EU and the Republic of Iraq,

having regard to UN Security Council resolution 2253 (2015),

having regard to the Charter of the United Nations,

having regard to its decision to award the 2016 Sakharov Prize for Freedom of Thought to Iraqi Yazidi activists and former captives of ISIS/Daesh Nadia Murad and Lamiya Aji Bashar,

having regard to Rules 135(5) and 123(4) of its Rules of Procedure,

A.

whereas in August 2014 ISIS/Daesh attacked Yazidi communities around Sinjar city in Iraq’s Nineveh province, reportedly killing thousands; whereas several mass graves were found after Kurdish forces retook areas north of Mount Sinjar by December 2014; whereas, when the Kurdish forces retook Sinjar city in mid-November 2015, additional killing sites and apparent mass graves were discovered;

B.

whereas the atrocities carried out by ISIS/Daesh in a systematic and widespread manner targeted and sought to destroy the Yazidi people; whereas, under international law, notably in accordance with Article II of the 1948 UN Convention on the Prevention and Punishment of the Crime of Genocide, such atrocities constitute genocide;

C.

whereas Parliament, which recognised on 4 February 2016 that ISIS/Daesh is committing genocide against Christians and Yazidis and other persons belonging to religious and ethnic minorities, has been joined by the Council of Europe, the US State Department, the US Congress, the UK Parliament, the Australian Parliament and other national and international institutions in recognising that the atrocities perpetrated by ISIS/Daesh against religious and ethnic minorities in Iraq include war crimes, crimes against humanity and genocide;

D.

whereas the Nineveh Plain, Tal Afar and Sinjar, as well as the wider region, have long been the ancestral homeland of Christians (Chaldeans/Syriacs/Assyrians), Yazidis, Sunni and Shia Arabs, Kurds, Shabak, Turkmen, Kaka’i, Sabaean-Mandeans and others, where they lived for centuries in a spirit of general pluralism, stability and communal cooperation, despite periods of external violence and persecution, until the beginning of this century and the occupation of much of the region by ISIS/Daesh in 2014;

E.

whereas since 27 October 2016 ISIS/Daesh has been relocating abducted women, including Yazidi women, to Mosul city and Tel Afar town; whereas some of these women were reportedly ‘distributed’ to ISIS/Daesh fighters, while others have been told they will be used to accompany ISIS/Daesh convoys;

F.

whereas the protection, preservation and analysis of all mass graves in Iraq, as well as in Syria, are essential for the preservation and gathering of evidence of war crimes, crimes against humanity and genocide committed by ISIS/Daesh and in order to hold the perpetrators of the crimes to account; whereas the relatives of the victims should be provided with psychological and logistical support;

G.

whereas several local organisations have been documenting ISIS/Daesh crimes against the Yazidi community, but they have only limited capacity; whereas, according to international human rights organisations such as Human Rights Watch, no international forensic experts have conducted work in the area, despite political support for such a mission from a variety of countries, including the US and Germany;

H.

whereas the UN High Commissioner for Human Rights stated on 11 November 2016 that: ‘By referring the situation in Iraq to the International Criminal Court; by giving Iraqi courts jurisdiction over international crimes; by reforming the criminal justice system and reinforcing the capacity of judicial officers to document, investigate and prosecute violations, the Government of Iraq can ensure justice and secure the foundations for a lasting peace for the country. Failure to do so may seriously jeopardise the long-term peace and security that the people of Iraq deserve’;

I.

whereas the Iraqi army, with the support of the global anti-ISIS/Daesh coalition and the Peshmerga forces of the Kurdish Regional Government (KRG), has launched an operation to liberate Mosul, Iraq’s second largest city, and the rest of the Iraqi territory still under ISIS/Daesh occupation;

1.

Condemns without reservation the continuing atrocities and flagrant violations of international humanitarian and human rights law committed by ISIS/Daesh; notes with overwhelming dismay the ongoing discoveries of new mass graves in Iraq and Syria, which are evidence of the terror committed by ISIS/Daesh; expresses its condolences to all those in Iraq who have lost their relatives as a result of the crimes against humanity and war crimes committed by ISIS/Daesh and its affiliates;

2.

Strongly appeals to the international community, in particular to the UN Security Council, to consider the reported mass graves in Iraq as further evidence of genocide and to refer ISIS/Daesh to the International Criminal Court (ICC);

3.

Calls on the Iraqi authorities, including the KRG, to take urgent steps to protect the gravesites around Mount Sinjar that became accessible after the area was recaptured from ISIS/Daesh, and to take all other necessary measures to preserve the evidence of the war crimes and crimes against humanity committed by ISIS/Daesh, in order to ensure accountability;

4.

Calls on the Iraqi authorities to invite international forensic experts, including those with experience of working before criminal tribunals, to map all the mass graves and help preserve and analyse the evidence found in newly accessible mass graves, since exhumations without forensic experts can destroy critical evidence and greatly complicate the identification of bodies;

5.

Calls for the EU, its Member States and other potential international donors to facilitate and lend their full support to the Government of Iraq in setting up the human resources and infrastructure needed for the preservation and analysis of evidence that could be vital to future domestic and international accountability processes aimed at addressing war crimes, crimes against humanity and genocide;

6.

Is particularly alarmed by the situation of women and children in the conflict, in particular the Yazidi women and children who are victims of persecution, executions, torture, sexual exploitation and other atrocities; insist that a full range of medical services should be made available, in particular for rape victims; calls, as a matter of urgency, for the EU and its Members States to work closely with the World Health Organisation (WHO) and to support it to this end; calls for the immediate release of all women and children who remain captives of ISIS/Daesh;

7.

Reiterates its full support to the Iraqi army, the armies of the global anti-ISIS/Daesh coalition, the Peshmerga forces of the KRG and their allies in their efforts to liberate Mosul and other parts of the country from ISIS/Daesh presence, as well as its support for Iraq’s independence, territorial integrity and sovereignty;

8.

Recalls that the Iraqi authorities must take concrete steps to protect civilians during the campaign, including by taking all feasible precautions to avoid civilian casualties and human rights violations during the assault; stresses that the forces on the ground must abide by international humanitarian and human rights law during their operations;

9.

Expresses its support for the Republic of Iraq and its people in recognising a politically, socially and economically viable and sustainable province in the Nineveh Plain, Tal Afar and Sinjar regions, consistent with lawful expressions of regional autonomy, as guaranteed by the Iraqi constitution;

10.

Stresses that the right to return to their ancestral homeland for the displaced indigenous peoples of the Nineveh Plain, Tal Afar and Sinjar — many of whom are displaced within Iraq — should be a policy priority of the Iraqi Government, supported by the EU, including its Member States, and the international community; emphasises that, with the support of the Government of Iraq and the KRG, these peoples should have their human rights, including political equality, fully guaranteed, as well as their property rights, which should supersede any claims of property rights by others;

11.

Urges Iraq to become a member of the ICC in order to make it possible to prosecute ISIS/Daesh for war crimes, genocide and crimes against humanity;

12.

Calls on the international community, including the EU Member States, to bring to justice ISIS/Daesh members within their jurisdiction, including by applying the principle of universal jurisdiction;

13.

Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the EU Special Representative for Human Rights, the Governments and the Parliaments of the Member States, the Government and the Council of Representatives of Iraq, and the Regional Government of Kurdistan.

(1)  Texts adopted, P8_TA(2016)0422.

(2)  Texts adopted, P7_TA(2014)0171.

(3)  OJ C 234, 28.6.2016, p. 25.

(4)  OJ C 310, 25.8.2016, p. 35.

(5)  OJ C 316, 30.8.2016, p. 113.

(6)  Texts adopted, P8_TA(2016)0051.


6.7.2018   

EN

Official Journal of the European Union

C 238/120


P8_TA(2016)0509

Protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community

European Parliament resolution of 15 December 2016 on the draft Commission implementing directive amending Annexes I to V to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (D047308/01 — 2016/3010(RSP))

(2018/C 238/12)

The European Parliament,

having regard to the draft Commission implementing directive amending Annexes I to V to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (D047308/01,

having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), and in particular points (c) and (d) of the second paragraph of Article 14 and Article 18(2) thereof,

having regard to Articles 11 and 13 of Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (2),

having regard to Regulation (EU) 2016/2031 of the European Parliament and of the Council of 26 October 2016 on protective measures against pests of plants (3),

having regard to the Commission Implementing Decision (EU) 2016/715 of 11 May 2016 setting out measures in respect of certain fruits originating in certain third countries to prevent the introduction into and the spread within the Union of the harmful organism Phyllosticta citricarpa (McAlpine) Van der Aa (4),

having regard to the scientific opinion delivered by the European Food Safety Authority on 30 January 2014 (5),

having regard to the motion for a resolution of the Committee on Agriculture and Rural Development,

having regard to Rule 106(2) and (3) of its Rules of Procedure,

A.

whereas the draft Commission implementing directive seeks to amend Annexes I to V to Directive 2000/29/EC; whereas Directive 2000/29/EC will be repealed and replaced by Regulation (EU) 2016/2031 on protective measures against pests of plants as soon as that regulation becomes applicable;

B.

whereas the draft Commission implementing directive runs counter to the objectives of Regulation (EU) 2016/2031, in that it undermines the requirements for the introduction into the Union of certain fruits susceptible to pests, in particular regarding citrus black spot and citrus canker;

1.

Considers that the draft Commission implementing directive is not consistent with Union law, in that it is not compatible with the objective of Regulation (EU) 2016/2031, which is to determine the phytosanitary risks posed by any species, strain or biotype of pathogenic agents, animals or parasitic plants injurious to plants or plant products (‘pests’) and measures to reduce those risks to an acceptable level; recalls, in this connection, that Regulation (EU) 2016/2031, as soon as it becomes applicable (i.e. on 14 December 2019), will repeal and replace Directive 2000/29/EC;

2.

Calls on the Commission to modify its draft implementing directive (6) as follows:

Modification 1

Draft implementing directive

Annex — paragraph 4(a)(i) — point 6 — point 16.2 — point (e)

Draft implementing directive

Modification

or

deleted

(e)

in the case of fruits destined for processing, official inspections prior to export have shown that the fruits are free from symptoms of Xanthomonas citri pv. citri and Xanthomonas citri pv. aurantifolii,

and transport and processing takes place under conditions, approved in accordance with the procedure referred to in Article 18(2).

 

Modification 2

Draft implementing directive

Annex — paragraph 4(a)(i) — point 7 — point 16.4 — point (d) — point 4a (new)

Draft implementing directive

Modification

 

Introduction into the Union of specified fruits originating in third countries

 

Specified fruits originating in third countries shall be accompanied by a phytosanitary certificate, as referred to in the first subparagraph of point (ii) of Article 13(1) of Directive 2000/29/EC, including under the heading ‘Additional declaration’ the following elements:

(i)

a statement that the specified fruits originate in a field of production which has been subjected to appropriate treatments against Phyllosticta citricarpa and cultivation methods carried out at the appropriate time since the beginning of the last cycle of vegetation, to be adopted in accordance with the procedure referred to in Article 18(2);

(ii)

a statement that an appropriate official inspection has been carried out in the field of production during the growing season, and no symptoms of Phyllosticta citricarpa have been detected in the specified fruit since the beginning of the last cycle of vegetation;

(iii)

a statement that a sample has been taken along the line between arrival and packaging in the packing facilities of at least 600 fruits of each species per 30 tonnes, or part thereof, selected as much as possible on the basis of any possible symptom of Phyllosticta citricarpa, and all sampled fruits showing symptoms have been tested and found free of that harmful organism;

(iv)

in the case of Citrus sinensis (L.) Osbeck ‘Valencia’, in addition to the statements referred to in (a), (b) and (c): a statement that a sample per 30 tonnes, or part thereof, has been tested for latent infection and found free of Phyllosticta citricarpa.

 

Requirements concerning inspection of the specified fruits originating in third countries within the Union

 

Specified fruits originating in third countries shall be visually inspected at the point of entry or at the place of destination established in accordance with Commission Directive 2004/103/EC. Those inspections shall be carried out on samples of at least 200 fruits of each species of the specified fruits by batch of 30 tonnes, or part thereof, selected on the basis of any possible symptom of Phyllosticta citricarpa. If symptoms of Phyllosticta citricarpa are detected during the inspections referred to in paragraph 1, the presence of that harmful organism shall be confirmed or refuted by testing of the fruits showing symptoms. If the presence of Phyllosticta citricarpa is confirmed, the batch from which the sample has been taken shall be subjected to refusal of entry into the Union.

 

Traceability requirements

 

For traceability purposes, the specified fruits shall be introduced into the Union only if they fulfil the following conditions:

(i)

the field of production, the packing facilities, exporters and any other operator involved in the handling of the specified fruits have been officially registered for that purpose;

(ii)

throughout their movement, from the field of production to the point of entry to the Union, the specified fruits have been accompanied by documents issued under the supervision of the National Plant Protection Organisation;

(iii)

in the case of the specified fruits originating in third countries, in addition to points (a) and (b), detailed information on the pre- and post-harvest treatments has been kept.

Modification 3

Draft implementing directive

Annex — paragraph 4(a)(i) — point 7 — point 16.4 — point (e)

Draft implementing directive

Modification

or

deleted

(e)

in the case of fruits destined for processing, official visual inspections prior to export have shown that the fruits are free from symptoms of Phyllosticta citricarpa (McAlpine) Van der Aa,

and a statement that the specified fruits originate in a field of production subjected to appropriate treatments against Phyllosticta citricarpa carried out at the appropriate time is included in the certificates referred to in Article 13(1)(ii) under the rubric ‘Additional declaration’, and transport and processing takes place under conditions, approved in accordance with the procedure referred to in Article 18(2).

 

Modification 4

Draft implementing directive

Annex — paragraph 4(a)(i) — point 8 — point 16.6 — point (d)

Draft implementing directive

Modification

(d)

have been subjected to an effective treatment to ensure freedom from Thaumatotibia leucotreta (Meyrick). The treatment data to be indicated on the certificates referred to in Article 13(1) (ii).

(d)

have been subjected to an effective treatment to ensure freedom from Thaumatotibia leucotreta (Meyrick). In the case of fruits of Citrus L., other than Citrus limon (L.) Osbeck. and Citrus aurantifolia (Christm.) Swingle, official statement that the fruits have been subjected to a cold treatment (24 days in 0,55  oC with 3 days precooling) or to an alternative, sustainable and effective treatment having the same effect, and which has been validated according to the procedure referred to in Article 18(2), on the basis of an EFSA evaluation, to ensure freedom from Thaumatotibia leucotreta (Meyrick). The treatment data to be indicated on the certificates referred to in Article 13(1)(ii).

3.

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

(1)  OJ L 169, 10.7.2000, p. 1.

(2)  OJ L 55, 28.2.2011, p. 13.

(3)  OJ L 317, 23.11.2016, p. 4.

(4)  OJ L 125, 13.5.2016, p. 16.

(5)  Scientific opinion, on request from the European Commission (Question No EFSA-Q-2013-00334), on the risk of Phyllosticta citricarpa (Guignardia citricarpa) for the EU territory with identification and evaluation of risk reduction options. EFSA Journal 2014; 12(2):3557.

(6)  The Commission transmitted only the English version of its draft implementing directive to Parliament, as the draft was not translated into the other official languages.


6.7.2018   

EN

Official Journal of the European Union

C 238/125


P8_TA(2016)0510

Support for Thalidomide victims

European Parliament resolution of 15 December 2016 on support for the thalidomide survivors (2016/3029(RSP))

(2018/C 238/13)

The European Parliament,

having regard to the forthcoming amendment to the Thalidomide Foundation Act, which could be used by the German Government to allow those thalidomide survivors who have been accredited as such by court-appointed trust schemes, or are beneficiaries of national government schemes, to gain collective access to the Special Health Fund of the German Conterganstiftung (Thalidomide Foundation),

having regard to Spanish Royal Decree 1006/2010 of 5 August 2010, which regulates the procedure for granting aid to people affected by thalidomide in Spain during the period 1960-1965,

having regard to the approximate number of thalidomide sufferers in the EU (around 2 700 in Germany (source: German Government), around 500 in Italy (source: VITA — Associazione Vittime Italiane Thalidomide), 500 in the UK, 100 in Sweden (source: DLA Piper study) and 200 in Spain (source: Avite Spain)),

having regard to the Heidelberg University report entitled ‘Wiederholt durchzuführende Befragungen zu Problemen, speziellen Bedarfen und Versorgungsdefiziten von contergangeschädigten Menschen (2010-2013)’ (Surveys to be repeated at intervals regarding the problems, special needs and care deficits experienced by thalidomide victims), which details the increasing health problems and specific needs of, and shortcomings in the support for, thalidomide survivors,

having regard to the Firefly Report of January 2015 highlighting the deterioration in the physical and emotional health of thalidomide survivors and their future needs (1),

having regard to the report commissioned by the Health Department of the German State of North Rhine-Westphalia in May 2015, investigating the quality of life of thalidomide survivors and forecasting their future needs (Cologne University Report) (2),

having regard to the Open Letters from the Presidents of the European Parliament’s political groups, stressing that thalidomide survivors live with chronic debilitating pain and suffer from unmet needs,

having regard to the press conference held on 27 May 2015 at the European Parliament in Brussels, during which MEPs from all the political groups emphasised the need for thalidomide survivors to receive support for their health concerns (3),

having regard to the EU’s anniversary celebrations in September 2015, marking 50 years since the adoption of the first pharmaceutical regulations in Europe aimed at protecting EU citizens, which is a further acknowledgement that effective pharmaceutical legislation is a lasting legacy to the thousands of infant deaths and severe birth defects that resulted from thalidomide consumption during pregnancy,

having regard to the Question to the Commission (O-000035/2016 — B8-0120/2016) and to the plenary debate on thalidomide on 9 March 2016,

having regard to the letter of 5 March 2015 from the international law firm Ince and Co., describing how the lack of pharmaceutical surveillance and the suppression of evidence on the effects of thalidomide impacted on the health of the drug’s victims (4),

having regard to the statement of June 2016 by the German Federal Government on the need to take responsibility for, and provide unbureaucratic support to, thalidomide survivors (5),

having regard to Rule 123(2) of its Rules of Procedure,

A.

whereas the drug thalidomide was marketed by Chemie Grünenthal GmbH in the late 1950s and early 1960s as a safe drug to treat morning sickness, headaches, coughs, insomnia and the common cold; whereas it resulted in the death and malformation of thousands of babies when taken by pregnant women in many European countries;

B.

whereas documents from the time of the thalidomide scandal, which were independently verified by international law firm Ince and Co., demonstrate that there was a major lack of effective pharmaceutical surveillance in the Federal Republic of Germany, unlike in other countries such as the USA, France, Portugal and Turkey;

C.

whereas independently verified research (6) points to an inexorable inference that in 1970, the Federal Republic of Germany interfered with the criminal proceedings against Chemie Grünenthal GmbH, the German manufacturer of thalidomide, and, as a consequence, no proper determination of the guilt of the manufacturer could be established; whereas, moreover, steps were taken to prevent civil proceedings being taken against this company, which may well have prevented victims from obtaining justice or adequate financial support for their current and future health concerns;

D.

whereas recently published independent reports in Germany (Heidelberg University Report and Cologne University Report) and the UK (Firefly Report) conclude that thalidomide survivors need increasing support for their unmet health needs, for mobility and for living independently, as their bodies are rapidly deteriorating owing to the nature of their disabilities and to the lack of support over the years since their birth;

E.

recognising that, while Germany bears a particular responsibility, other national governments are also responsible for ensuring the fair treatment of their own thalidomide survivors;

F.

acknowledging that the Presidents of the European Parliament’s political groups have, in Open Letters, supported efforts seeking to assist thalidomide survivors with regard to their health needs;

G.

recalling the press conference held in May 2015 in Brussels, supported by all the European Parliament’s political groups, which highlighted the outstanding unmet health needs of thalidomide survivors;

H.

recalling that in Brussels in September 2015, the Commission celebrated the 50th anniversary of the adoption of the first piece of EU pharmaceutical legislation, which largely came into being as a result of the thalidomide scandal; stressing that whilst the regulatory structures which were subsequently developed have been instrumental in the protection of millions of EU citizens from similar disasters over the last 50 years, thalidomide survivors have been living with the drug’s painful and debilitating consequences;

I.

recalling that at the Strasbourg plenary debate in March 2016, MEPs from all of the political groups highlighted the urgency of supporting thalidomide survivors’ unmet needs, and the European Commissioner for Health and Food Safety, Vytenis Andriukaitis, stated that he recognised the will to find an adequate solution for all thalidomide survivors which would improve their quality of life;

J.

noting that there is now both the opportunity and the will in the European Parliament and the Commission, in line with ethical and humanitarian standards, to right the wrongs of failed pharmaceutical control and the subsequent suppression of evidence, which led to the thalidomide tragedy;

K.

reaffirming the statement made in June 2016 by the German Federal Government (7) that it must take responsibility and provide financial support, without burdensome administrative procedures and lengthy individual testing;

L.

noting that the German Federal Government also acknowledged in June 2016 that a change in the Thalidomide Foundation Act in Germany was necessary and feasible before January 2017;

M.

noting that many survivors throughout the EU are often unable to apply for funding to cover the costs of social services, which is currently the single biggest concern for thalidomide survivors who, now in their 50s and 60s, are going to need these services even more often in the coming years, as their carers, who are often their partners or relatives, may themselves fall ill or die;

1.

Urges the Member States and the Commission to coordinate actions and measures seeking to formally recognise and provide compensation to thalidomide survivors;

2.

Urges the German Federal Government to use the opportunity presented by the forthcoming amendment to the Thalidomide Foundation Act to allow thalidomide survivors, who have been accredited as such by court-appointed trust schemes or are beneficiaries of national government schemes, to access the Special Health Fund of the German Conterganstiftung für behinderte Menschen (Thalidomide Foundation for People with Disabilities);

3.

Requests that thalidomide survivors from the UK, Spain, Italy, Sweden and other Member States be admitted to the scheme on a group basis where their status as thalidomide-affected individuals has been accepted as bona fide in their own countries;

4.

Asks the Spanish authorities to review the process started by the government in 2010, and facilitate the proper identification and compensation of Spanish thalidomide survivors within their national scheme, as stated in the Non-Legislative Proposal on the Protection of People Affected by Thalidomide (161/000331), approved unanimously by the Spanish Congress on 24 November 2016;

5.

Urges the Commission to create a framework protocol at European level under which all European citizens affected by thalidomide would receive similar amounts of compensation, regardless of which Member State they are from, and to draw up an EU programme for assistance and support (including both financial and welfare provisions) for thalidomide victims and their families;

6.

Asks the Grünenthal company to shoulder its responsibilities; by providing proper compensation and care to those victims who have yet to be recognised, reviewing the process for recognition of victim status, and initiating a dialogue with the victims in order to repair the damage caused;

7.

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

(1)  http://www.thalidomidetrust.org/wp-content/uploads/2014/01/Firefly-report-March-2015.pdf

(2)  http://www.thalidomidetrust.org/wp-content/uploads/2016/04/The-Cologne-Report.pdf

(3)  http://www.fiftyyearfight.org/latest/europe-speaks-loudly-with-one-voice:-press-conference

(4)  http://www.fiftyyearfight.org/images/Appendix_1._Ince_letter.pdf

(5)  http://www.bmfsfj.de/BMFSFJ/kinder-und-jugend,did=225796.html

(6)  http://www.fiftyyearfight.org/images/Appendix_1._Ince_letter.pdf

(7)  https://www.bmfsfj.de/bmfsfj/aktuelles/alle-meldungen/leistungen-sollen-gerechter-verteilt-werden/90418?view=DEFAULT


6.7.2018   

EN

Official Journal of the European Union

C 238/128


P8_TA(2016)0511

Paediatric medicines

European Parliament resolution of 15 December 2016 on the regulation on paediatric medicines (2016/2902(RSP))

(2018/C 238/14)

The European Parliament,

having regard to Regulation (EC) No 1902/2006 of the European Parliament and of the Council of 20 December 2006 amending Regulation (EC) No 1901/2006 on medicinal products for paediatric use (1) (hereinafter the ‘Paediatric Medicines Regulation’),

having regard to the Commission report to the European Parliament and the Council entitled ‘Better Medicines for Children — From Concept to Reality — General Report on experience acquired as a result of the application of Regulation (EC) No 1901/2006 on medicinal products for paediatric use’ (COM(2013)0443),

having regard to the Council conclusions of 17 June 2016 on ‘Strengthening the balance in the pharmaceutical systems in the EU and its Member States’,

having regard to the United Nations Secretary-General’s High-Level Panel on Access to Medicines report entitled ‘Promoting innovation and access to health technologies’, published in September 2016,

having regard to the question to the Commission on the review of the regulation on paediatric medicines (O-000135/2016 — B8-1818/2016),

having regard to Rules 128(5) and 123(2) of its Rules of Procedure,

A.

whereas the Paediatric Medicines Regulation has had a substantial impact on paediatric medicine development, as most pharmaceutical companies consider paediatric development to be an integral part of the overall development of a product; whereas the number of paediatric research projects has increased considerably, and whereas there is now more high-quality information available regarding paediatric use of approved medicines; whereas the relative number of paediatric clinical trials has also increased;

B.

whereas the Paediatric Medicines Regulation has helped to improve the overall situation and has led to tangible benefits in respect of a series of childhood diseases; whereas, however, not enough progress has been made in a number of fields, in particular paediatric oncology and neonatology;

C.

whereas childhood cancer remains the first cause of death by disease in children aged one year and over, and whereas 6 000 young people die of cancer each year in Europe; whereas two thirds of those who survive suffer from treatment-related side effects due to existing treatments (reported to be severe for up to 50 % of survivors), and whereas there is a need to continuously improve the quality of life of childhood cancer survivors;

D.

whereas the Paediatric Medicines Regulation has fostered increased multi-stakeholder dialogue and cooperation on paediatric medicine development;

E.

whereas fewer than 10 % of children with a non-curable life-threatening relapse have access to new, experimental drugs in clinical trials from which they could benefit;

F.

whereas significantly increased access to innovative therapies can save the lives of children and adolescents with life-threatening diseases such as cancer, and whereas these therapies therefore need to be investigated without undue delay via appropriate studies in children;

G.

whereas off-label use of medicine in children is still widespread in the EU in several therapeutic areas; whereas, although studies on the extent of off-label use in the paediatric population differ in scope and patient population, there has not been a decrease in off-label prescribing since the introduction of the Paediatric Medicines Regulation; whereas the European Medicines Agency (EMA) has already been called on to develop guidelines on the off-label/unlicensed use of medicines based on medical need, and to compile a list of off-label medicines in use despite licensed alternatives;

H.

whereas the Paediatric Medicines Regulation lays down rules concerning the development of medicinal products for human use in order to meet the specific therapeutic needs of the paediatric population;

I.

whereas only two innovative targeted anti-cancer drugs have been authorised for a paediatric malignancy based on an agreed paediatric investigation plan (PIP) since the Paediatric Medicines Regulation came into force;

J.

whereas under the current regulatory framework the legal requirement to pursue paediatric drug development is waived when drugs are developed for adult conditions that do not occur in children; whereas this regulatory approach is unsatisfactory in the case of specific diseases that are found only in children; whereas, furthermore, the number of annual reports on deferred measures submitted to the EMA under Article 34(4) of the Paediatric Medicines Regulation is increasing every year;

K.

whereas many childhood cancer types do not occur in adults; whereas, however, the mechanism of action of a drug that is effective in treating an adult type of cancer may be relevant to a cancer type that occurs in children;

L.

whereas for those diseases that occur only in children, such as paediatric cancers, the market provides limited incentives for the development of specific paediatric drugs;

M.

whereas the third EU Health Programme (2014-2020) includes a commitment to improving resources and expertise for patients affected by rare diseases;

N.

whereas there are major delays in starting paediatric clinical trials for oncology drugs, as developers wait for the drug to show promise in adult cancer patients first;

O.

whereas there is nothing to stop an investigator from terminating a promising paediatric trial early if a drug fails to deliver positive results in the target adult population;

P.

whereas financial rewards and incentives for developing drugs in the paediatric population, such as paediatric-use marketing authorisation (PUMA), arrive late and have a limited effect; whereas, while it is necessary to ensure that the rewards and incentives are not misused or abused by pharmaceutical companies, the existing rewards system must be assessed in order to determine how it could be improved to better stimulate research and development in the area of paediatric medicines, especially in paediatric oncology;

Q.

whereas marketing authorisation holders are required to update product information to take account of the latest scientific knowledge;

R.

whereas PIPs are approved following complex negotiations between regulatory authorities and pharmaceutical companies and too often prove unfeasible and/or are started too late because of their misuse through a focus on the rare occurrence of an adult cancer in a child, rather than on the potentially wider use of the new drug in other relevant children’s cancers; whereas not all approved PIPs are completed, given that research into an active substance is often abandoned at a later stage if initial hopes regarding the safety and efficacy of the medicinal product are not confirmed; whereas to date only 12 % of approved PIPs have been completed;

S.

whereas Regulation (EU) No 536/2014 of the European Parliament and of the Council on clinical trials on medicinal products for human use provides for the establishment of a single application portal allowing sponsors to submit a single application for trials conducted in more than one Member State; whereas such cross-border trials are particularly important for rare diseases such as paediatric cancers, as there may not be enough patients in one country to make a trial viable;

T.

whereas a large number of modifications are made to PIPs; whereas, however, if extensive modifications to a PIP are discussed with the Paediatric Committee, where the modifications have a lesser impact, the issue is less clearly defined;

U.

whereas, in accordance with Article 39(2) of the Paediatric Medicines Regulation, the Member States must provide the Commission with detailed proof of a concrete commitment to supporting research into and the development and availability of medicinal products for paediatric use;

V.

whereas, pursuant to Article 40(1) of the Paediatric Medicines Regulation, funds for research into medicinal products for the paediatric population are to be provided for in the Community budget in order to support studies relating to medicinal products or active substances not covered by a patent or a supplementary protection certificate;

W.

whereas, under Article 50 of the Paediatric Medicines Regulation, the Commission is required to present, by 26 January 2017, a report to Parliament and the Council on the experience acquired as a result of the application of Articles 36, 37 and 38, including an analysis of the economic impact of the rewards and incentives, together with an analysis of the estimated public health impact of this regulation, with a view to proposing any necessary amendments;

1.

Calls on the Commission to deliver the report provided for in Article 50 of the Paediatric Medicines Regulation in a timely fashion; stresses the need for this report to provide comprehensive identification and an in-depth analysis of the obstacles currently hampering innovation in medicinal products targeting the paediatric population; highlights the importance of a solid evidence-base of this kind for effective policy-making;

2.

Urges the Commission, on the basis of those findings, to consider making changes, including through a legislative revision of the Paediatric Medicines Regulation, that give due consideration to (a) mechanism-of-action-based, rather than only disease-type-based, paediatric development plans, (b) disease and drug prioritisation models that take account of unmet paediatric medical needs and feasibility, (c) earlier and more feasible PIPs, (d) incentives that better stimulate research and more effectively serve the needs of the paediatric population, while ensuring there is an evaluation of the research and development costs and full transparency of the clinical results, and (e) strategies to avoid paediatric off-label use where authorised paediatric medicines exist;

3.

Stresses the life-saving benefits, in paediatric oncology, of mandatory paediatric development based on a drug’s mechanism of action matched to a tumour’s biology rather than on an indication limiting the drug’s use to a specific type of cancer;

4.

Stresses that paediatric needs and drugs from different companies should be prioritised, on the basis of scientific data, in order to match the best available therapies to the therapeutic needs of children, especially those affected by cancers, and would allow the resources used for research to be optimised;

5.

Stresses the importance of cross-border trials for research into many paediatric and rare illnesses; therefore welcomes Regulation (EU) No 536/2014, which will make it easier to carry out these sorts of trials, and calls on the EMA to ensure that the infrastructure necessary for its implementation is in place as soon as possible;

6.

Stresses that conducting early PIPs, and early scientific and regulatory dialogue and interaction with the EMA, allows companies to optimise global paediatric development, and in particular to develop more feasible PIPs;

7.

Calls on the Commission to consider amending the Paediatric Medicines Regulation so that promising trials in the paediatric population cannot be terminated early because of disappointing results in the target adult population;

8.

Stresses the urgent need to assess how different types of funding and rewards — including the numerous tools based on delinkage mechanisms — can be best utilised to drive and accelerate paediatric drug development in areas of need, in particular drugs for neonatology and childhood cancers, especially those cancers which occur only in children; believes that the rewards should drive paediatric development of these drugs to start as soon as sufficient scientific rationale for use in a paediatric population and adult safety data are available, and should not be dependent on proven therapeutic value in an adult indication;

9.

Calls on the Commission to work as a matter of urgency on any possible regulatory changes that could help improve the situation in the meantime;

10.

Calls on the Commission to renew in Horizon 2020 the funding provisions developed to support high-quality paediatric clinical research, following a critical review of the projects currently funded;

11.

Calls on the Commission to strengthen the role of European networking for paediatric clinical research, and to ensure that Member States enact measures to support research into and the development and availability of medicinal products for paediatric use;

12.

Instructs its President to forward this resolution to the Commission.

(1)  OJ L 378, 27.12.2006, p. 20.


6.7.2018   

EN

Official Journal of the European Union

C 238/132


P8_TA(2016)0512

Activities of the Committee on Petitions 2015

European Parliament resolution of 15 December 2016 on the activities of the Committee on Petitions 2015 (2016/2146(INI))

(2018/C 238/15)

The European Parliament,

having regard to its previous resolutions on the outcome of the Committee on Petitions’ deliberations,

having regard to Articles 10 and 11 of the Treaty on European Union (TEU),

having regard to Protocol No 1 on the role of national parliaments in the European Union,

having regard to Protocol No 2 on the application of the principles of subsidiarity and proportionality,

having regard to the significance of the right to petition and the importance for Parliament of being immediately aware of the specific concerns of European Union citizens or residents, as provided for in Articles 24 and 227 of the Treaty on the Functioning of the European Union (TFEU),

having regard to Article 228 TFEU,

having regard to Article 44 of the Charter of Fundamental Rights of the European Union concerning the right to petition the European Parliament,

having regard to the provisions of the TFEU relating to the infringement procedure and in particular Articles 258 and 260 thereof,

having regard to Rules 52 and 216(8) of its Rules of Procedure,

having regard to the report of the Committee on Petitions (A8-0366/2016),

A.

whereas the purpose of the annual report on the activities of the Committee on Petitions is to present an analysis of the petitions received in 2015 and of relations with other institutions, and to present an accurate picture of the objectives achieved in 2015;

B.

whereas 1 431 petitions were received in 2015, 47 % down on the figure for 2014, when 2 714 petitions were lodged with Parliament; whereas 943 petitions were considered admissible; of which 424 were quickly examined and concluded after duly informing petitioners on their respective issues of concern, and whereas 519 petitions remain open for discussion in the Committee on Petitions; whereas 483 petitions were declared inadmissible;

C.

whereas the number of petitions received is modest when compared to the EU’s total population, which indicates that the vast majority of EU citizens and residents are unfortunately not yet aware of the right to petition, or of its possible usefulness as a means of drawing the attention of the EU institutions and the Member States to matters which affect and concern them, and come within the Union’s field of activity;

D.

whereas 483 petitions were not considered admissible in 2015 and whereas there is still widespread confusion about the EU’s fields of activity as is shown by the high number of inadmissible petitions received (33,8 %); whereas to remedy this situation, communication with citizens needs to be encouraged and improved and the different areas of responsibility — European, national and local — need to be explained;

E.

whereas each petition is considered and examined carefully, efficiently and transparently;

F.

whereas petitioners tend to be citizens engaged in safeguarding fundamental rights and in the improvement and future wellbeing of our societies; whereas the experience of these citizens in regard to the processing of their petitions is very influential in determining their perception of the EU institutions and respect for the right to petition contained in EU law;

G.

whereas the European Parliament is the only EU institution directly elected by citizens, and whereas the right to petition offers them the means to draw the attention of their elected representatives to matters that concern them;

H.

whereas, under the Treaty on the Functioning of the European Union, in order to promote good governance and ensure the participation of civil society, the Union’s institutions, bodies, offices and agencies must conduct their work as openly as possible;

I.

whereas the right to petition has to be a key element for a participatory democracy in which the right of every citizen to play a direct part in the democratic life of the Union is effectively protected; whereas genuine democratic and participatory governance should ensure full transparency, effective protection of fundamental rights and practical involvement of the public in decision-making processes; whereas petitions enable the European Parliament to listen, to give information, and to help to solve problems affecting its citizens, while also prompting the other EU institutions and institutions in the Member States to do their utmost in this respect within their respective spheres of competence; whereas the impact of EU legislation on the daily life of those living in the EU should be assessed through the aforementioned petitions;

J.

whereas confidence in the system and in the European project as a whole has been dented by the humanitarian refugee crisis, the very serious social and economic impact of the financial crisis and the rise in xenophobia and racism throughout Europe; whereas the Committee on Petitions has the responsibility and the huge challenge of maintaining and strengthening constructive dialogue with EU citizens and residents on European issues;

K.

whereas the Committee on Petitions is best able to show citizens what the European Union does for them and what solutions it can provide at European, national or local level; whereas the Committee on Petitions can do significant work in explaining and possibly proving the successes and benefits of the European project;

L.

whereas the right to petition should enhance the European Parliament’s capacity to react to and help resolve problems relating mainly to the application and transposition of EU law; whereas petitions constitute a valuable source of first-hand information based on citizens’ own experiences which help to detect potential violations and deficiencies in how EU legislation is implemented at national level and, ultimately, monitored by the Commission in its role of guardian of the Treaties; whereas petitions that are based on the EU’s fields of activity and fulfil the admissibility criteria are a basic tool in the early detection of late transposition and actual enforcement of EU law by Member States; whereas, through petitions, EU citizens can complain about failures to implement EU law and help detect breaches of EU law;

M.

whereas, therefore, petitions are very important for the legislative process as they provide other Parliament committees with useful and direct input for their legislative work in their respective fields; whereas petitions are not solely the responsibility of the Committee on Petitions, but should rather be a shared endeavour of all Parliament committees;

N.

whereas, through petitions, EU citizens and residents can complain about poor implementation of EU law; whereas in so doing citizens act as a useful source of information when it comes to detecting breaches of EU law;

O.

whereas besides providing relevant feedback on the application of existing legislation, petitions can also help to identify loopholes in EU law and to assess the impacts of absence of regulation in certain fields, hence becoming a trigger for further legislative efforts;

P.

whereas the Committee on Petitions has made greater use of the specific committee tools at its disposal, such as oral questions and short resolutions, so as to give visibility to the different issues of concern to citizens, or the sending of questions and resolutions to the plenary of Parliament, such as the resolutions on mortgage legislation and risky financial instruments in Spain or the best interests of children in Europe;

Q.

whereas in 2015 petitions lodged by citizens were processed faster and with greater efficiency, the timespan involved in correspondence with petitioners having been reduced; whereas the secretariat has made a noteworthy effort in order to achieve this improvement;

R.

whereas petitioners actively contribute to the work of the committee, providing additional first-hand information to members of the committee and to the Commission and representatives of the Member States who are present; whereas petitioners, by taking part in these discussions and presenting their petitions along with more detailed information, contribute to establishing a fluid and constructive dialogue with Members of the European Parliament and with the European Commission; whereas in 2015, 191 petitioners attended, and were involved in, the committee’s deliberations; whereas, although this number seems relatively low, the meetings of the Committee on Petitions are broadcast, enabling petitioners to follow live discussions both in real time and afterwards by means of internet streaming;

S.

whereas a specific way of handling petitions relating to the welfare of children has been adopted and a special working group created on the issue, and whereas the group was constituted on 17 September 2015, having elected Eleonora Evi as its chair; stresses that any working group should have a clear mandate in order to deliver tangible results and prevent any unjustified delay in the treatment of petitions;

T.

whereas a petition is often filed at the same time as a complaint to the Commission, which could lead to the initiation of infringement proceedings; whereas in 2015 the European Parliament alerted the Commission, through petitions and questions, of deficiencies in the way that some Member States were applying and implementing certain EU laws;

U.

whereas these petitions resulted in complaints on environmental issues; whereas the Commission sent a letter of formal notice to Finland regarding the transposition of the Directive on public access to environmental information; whereas in a further five cases regarding the environment the Commission initiated bilateral talks with the Member States concerned; whereas the cases were related to shale gas, management of wolves, the incorrect application of the Directive on strategic environmental assessment and compliance of national legislation with the requirements of the Directive on public access to environmental information;

V.

whereas petitions filed by citizens also deal with issues of justice and judicial cooperation, in one instance motivating the Commission to initiate a bilateral dialogue with a Member State on its restrictions regarding change of name after marriage;

W.

whereas the Commission also initiated bilateral talks following several petitions involving a number of Member States on property taxes and local residence tax paid by students;

X.

whereas the Commission intends to strengthen the application of EU legislation on the basis of transposition and systematic checks on compliance of national legislation; whereas the Commission has stated that it will take appropriate measures, including launching new EU pilot cases and infringement procedures, when it detects possible breaches of EU law;

Y.

whereas the involvement of Parliament in these procedures implies additional scrutiny of the investigative work of the competent EU institutions; whereas no petition should be closed while it is being investigated by the Commission;

Z.

whereas the Commission publishes, through the annual report on monitoring the application of European Union law, action taken with respect to breaches of EU law and discloses information on infringement procedures in the form of press releases; whereas these decisions on infringement procedures can be consulted in the Commission’s database on the Europa website; whereas more detailed information from the Commission in its dealings with the Committee on Petitions in cases involving petitions would improve transparency and enhance collaboration between the two institutions;

AA.

whereas the key issues of concern raised in petitions pertain to a wide range of issues, such as environmental protection (in particular, waste water treatment, waste management, river basin management, gas and hydrocarbon exploration and extraction), breaches of consumer rights, the application of justice (in particular, custody rights regarding minors), fundamental rights (in particular, the rights of the child, of people with disabilities and of minorities), free movement of persons, discrimination, immigration, employment and animal welfare;

AB.

whereas the web portal of the Committee on Petitions, which began to operate in late 2014, is up and running, but not yet finalised; whereas the portal aims to provide EU citizens and residents with an electronic tool that enables them to file and continuously track petitions, electronically sign their own petitions and add their support for other petitioners whose issues are of interest to them; whereas the shortcomings in some basic functionalities, such as the search engine, persisted throughout 2015 and until very recently undermined the role of the portal as an interactive space of exchange among citizens; whereas this problem has finally been resolved;

AC.

whereas the portal was designed to make the petition procedure more transparent and interactive, and makes for more effective administration in the interest of petitioners, Members and the general public; whereas the second phase of the project is intended mainly to enhance the administrative handling of petitions;

AD.

whereas successive delays in the subsequent phases of the project have generated an additional workload in the secretariat of the Committee on Petitions, due to the need to manually upload the relevant files into the various databases; whereas there are still petitions pending for upload, since only open petitions received in 2013, 2014 and 2015 have been included in the portal so far, and work is currently under way on uploading petitions received in 2016;

AE.

whereas certain deficiencies have been remedied, particularly in the search function and regarding petitioner confidentiality, and whereas work has been under way as scheduled from the second half of 2016 to make the service more useful and visible to citizens;

AF.

whereas the admissibility of petitions is based on the criteria laid down in Article 227 of the TFEU; whereas the concept of field of activity of the Union goes much beyond the long list of competences; whereas a declaration of inadmissibility can be subject to judicial review if not duly justified in accordance with these criteria;

AG.

whereas the national courts have primary responsibility for ensuring that EU legislation is properly implemented in the Member States; whereas, in this context, a preliminary ruling from the European Court of Justice is a useful tool available to national judicial systems; whereas this procedure has been little used, if at all, in some Member States; whereas this initial responsibility should not by any means preclude a more proactive role by the Commission when it comes to ensuring compliance with EU law, in its capacity of guardian of the Treaties; whereas petitions provide an alternative and independent avenue of inquiry and checks on compliance with EU legislation, and whereas these two alternative procedures should therefore not be mutually exclusive;

AH.

whereas the European Citizens’ Initiative (ECI) should be an important tool for enabling citizens to participate directly in the development of EU policies, and its potential must be exploited fully, while ensuring that citizens are fully informed as to matters of EU competence and national competence; whereas the main differences between the ECI and the right to petition should be better communicated to citizens; whereas Parliament has a specific responsibility in making this instrument a real success; whereas, as emerged from statements in the public hearing of 22 February 2015, there is a widespread feeling on the part of organisations registering an ECI that the administrative barriers need to be removed if the best possible results with regard to participation by citizens are to be achieved;

AI.

whereas the Committee on Petitions is of the opinion that, more than three years after the date of application on 1 April 2012 of Regulation (EU) No 211/2011, its implementation should be assessed in order to identify weaknesses and propose viable concrete solutions for its swift revision so that its functioning can be improved;

AJ.

whereas in 2015, owing to the workload of the Committee on Petitions, only one fact-finding visit took place for petitions for which an inquiry was ongoing during 2015; whereas the fact-finding visit to the United Kingdom on 5 and 6 November 2015 on the issue of adoption without parental consent gave delegation members a deeper understanding of the situation as they were able to discuss the problem with representatives of the different UK institutions involved in the case;

AK.

whereas the visits are a specific prerogative of the Committee and a fundamental part of its work, which entails interacting with petitioners and the authorities of the Member States concerned; whereas members of the Committee delegations take part in all activities, including the drafting of the final report, on an equal footing;

AL.

whereas the Committee on Petitions has responsibilities with regard to the Office of the European Ombudsman, which is responsible for investigating complaints from EU citizens and residents about possible maladministration within the EU institutions and bodies, and about which the Committee also produces an Annual Report on the basis of the European Ombudsman’s own Annual Report;

AM.

whereas on 26 May 2015 Emily O’Reilly, the European Ombudsman, presented her Annual Report for 2014 to Martin Schulz, President of the European Parliament; whereas on 23 June 2015 the Ombudsman presented her report at the meeting of the Committee on Petitions, the body responsible for relations with her institution;

AN.

whereas the Committee on Petitions is a member of the European Network of Ombudsmen (ENO), which includes national and regional ombudsmen, petitions committees and similar bodies of the Member States of the European Union, the candidate countries for EU membership, and other countries in the European Economic Area and/or the Schengen area; whereas the Committee on Petitions of the European Parliament is a full member of this network, which currently has 94 offices in 36 countries;

AO.

whereas each petition is carefully assessed and dealt with and each petitioner must receive a reply within a reasonable period of time; whereas each petitioner must be informed of the grounds for closing a petition;

AP.

whereas all petitioners should have the possibility of directly presenting their cases to the Committee on Petitions;

1.

Stresses that the right to petition should enhance the European Parliament’s capacity to react, helping to resolve problems relating mainly to the transposition and implementation of EU legislation, as petitions which are based on the EU’s fields of activity and fulfil the admissibility criteria constitute a useful source of information for detecting potential violations and breaches in the implementation of EU legislation; invites the Commission to make greater use of its powers when it comes to ensuring effective implementation of EU legislation, for instance by pursuing swifter use of the infringement procedure under Articles 258 and 260 TFEU;

2.

Stresses the work that the Committee on Petitions carries out in listening to, and helping to solve, problems affecting citizens; believes that petitions can help to better assess the impact that EU legislation has on people’s daily lives by acting as a bridge between citizens and the institutions;

3.

Highlights the fact that the Committee on Petitions has the opportunity and the huge challenge of engaging in a trustworthy and fruitful dialogue with citizens, together with the possibility of bringing the EU’s institutions closer to its citizens; notes that it should help to promote participatory democracy; considers that in order to fulfil this purpose it is crucial to provide an adequate response to petitions, in terms of both the timing and the quality of the answer;

4.

Recalls that the equal and proportionate representation of petitioners’ nationalities in the committee’s public debates should be respected; in order to strengthen the European dimension of the committee, proper and fair representation of all Member States in its public debates should be encouraged; emphasises that the Committee on Petitions must treat all admissible petitions with equal importance and objectivity; underlines that petitions which are related to an election campaign in a Member State should not be treated under the urgent procedure;

5.

Stresses that petitions are also important for the legislative process, as they detect existing loopholes and deficiencies in the transposition of Community legislation and provide other Parliament committees with useful and direct input for their legislative work in their respective fields; welcomes the increased interaction of the Committee on Petitions with the other parliamentary committees, as well as a more frequent presence of matters related to petitions in plenary; considers that petitions are not solely the responsibility of the Committee on Petitions, but should be a shared endeavour on the part of all Parliament’s committees; applauds the intention to establish an informal petitions network within Parliament, with the participation of Members representing every Parliament committee, in order to ensure smooth and effective coordination of petition work; believes that the network must enable a better understanding of the role of petitions in parliamentary work, and strengthen cooperation between the committees in matters raised by petitioners; invites all the parliamentary committees concerned to pay due attention to the petitions forwarded to them and to undertake the efforts needed to provide the information necessary for petitions to be processed properly;

6.

Acknowledges that Parliament also has a crucial political role to play as regards the Commission’s enforcement actions, by scrutinising the annual reports on monitoring the implementation of EU law and adopting relevant parliamentary resolutions; calls on the Commission to take account of the resolutions tabled in Parliament by the PETI Committee, which identify specific application and implementation gaps in EU law on the basis of petitions and call on the Commission to take appropriate action and report back to Parliament on its follow-up; calls, moreover, on the Council and Parliament to take specific action in the adoption of Regulation (EU) …/… [procedure 2013/0140(COD)] on exemption of Drosophila melanogaster from veterinary checks at EU external borders, as suggested by Nobel Prize laureates (biochemistry professors) in Petition 1358/2011;

7.

Welcomes the fact that in 2015 the time taken to process petitions fell, but maintains nonetheless that the secretariat of the Committee on Petitions is in immediate need of greater technical resources and more staff in order to guarantee diligent examination and a further reduction in the time taken to process petitions, while ensuring the quality of their treatment; calls for digitalisation of the processing of petitions, notably by introducing new information and communication technologies to guarantee efficient and timely treatment and optimal use of existing human resources, while preserving the right of citizens to submit petitions by traditional post;

8.

Continues to consider it a particular obligation to ensure that the inadmissibility or closure of petitions on account of their being unfounded must be carefully justified vis-à-vis the petitioners;

9.

Welcomes the fact that the Commission is involved with, and committed to, the petition process and that it responds as quickly as possible to new petitions forwarded to it by Parliament; points out that Commission replies are usually detailed and pertain to the petitions for which it has jurisdiction; recalls, however, that on many occasions the Commission does not provide any new information in its replies to petitions for which a review has been requested owing to a change in their status and context; regrets the occasions when the Commission focuses essentially on procedural aspects and does not enter into the substance of the issue; reminds the Commission that petitions that raise a potential breach of EU law can only be closed after their proper analysis has been concluded; welcomes the Commission’s commitment to sending generally competent officials to meetings of the Committee on Petitions, as the quality of the overall treatment of petitions improves when the highest-ranking officials available represent the Commission in the debates; regrets that during the committee meetings the Commission’s answers are generally limited to the content of the official reply sent to the committee and do not provide any new or relevant information that might enable a solution to the issues raised; notes that the written responses are taken seriously into account, as are explanations given during the oral debates held by the Committee on Petitions;

10.

Considers that in its role as guardian of the treaties, particularly when it comes to environmental matters, the Commission should go beyond a mere formal examination of procedural compliance and focus more on the actual content of the core issue; recalls the precautionary principle and the ultimate spirit of the EU environmental legislation of preventing irreversible damage to ecologically sensitive areas, and urges the Commission to adopt an approach that allows it to make use of its powers and prerogatives on an ex-ante basis;

11.

Disagrees with the Commission’s increasingly recurrent interpretation of the Parliament’s twenty-seventh annual report on monitoring the application of European Union law (2009), whereby it would be entitled to close files on which no formal step towards infringement proceedings has yet been taken, or to suspend active infringement proceedings in cases in progress before a national court; reaffirms the original spirit of the aforementioned report requesting that the Commission step up its efforts to ensure consistent implementation of EU legislation, within its capacities, making use of infringement mechanisms independently of the existence of judicial proceedings at national level;

12.

Will take greater care in future to ensure that the Commission reports regularly to Parliament on the progress of infringement proceedings which have been brought against individual Member States, in order to facilitate better cooperation and to make it possible to inform the petitioners concerned about progress at an early stage;

13.

Considers that, in the interests of transparency and in a spirit of faithful cooperation between the EU institutions, and pursuant to the Framework Agreement on relations between the European Parliament and the European Commission, upon request and where required the Commission should provide Parliament with a synthesis of the individual cases related to EU Pilot procedures; recalls previous requests made by the Committee on Petitions to ensure access to EU Pilot and infringement procedure documents, as petitions frequently lead to the initiation of such procedures; reiterates its call on the Commission to inform the Committee on Petitions of developments in infringement proceedings directly linked to petitions; recognises the need to ensure maximum transparency in the disclosure of information concerning EU Pilot procedures and infringement procedures that have already ended;

14.

Considers that the necessary information concerning infringement procedures initiated as a result of inquiries related to petitions should be provided to Parliament in a timely fashion, and particularly upon the request of the Committee on Petitions;

15.

Considers it essential to improve cooperation with national parliaments and their relevant committees and with Member State governments, particularly in order to help ensure that the petition is dealt with by the relevant and competent authorities; repeats its call for a structured dialogue to be launched with Member States in the form of regular meetings with the relevant national parliament committees; is pleased that a delegation from the German Bundestag’s Committee on Petitions was present at the committee meeting held on 4 May 2015; hopes that such dialogue can contribute to loyal cooperation in finding fruitful solutions to recurrent cases received, such as the petitions on the Jugendamt; encourages the representatives of Member States and of local and/or regional authorities concerned to attend the meetings of the Committee on Petitions; reiterates the importance of the participation of Council and Commission representatives at meetings and hearings of the Committee on Petitions;

16.

Acknowledges the impact of the effective application of EU law on strengthening the credibility of the EU institutions; recalls that the right of petition enshrined in the Lisbon Treaty is an important element of European citizenship and a real barometer for monitoring the application of EU law and identifying possible loopholes; calls on the PETI Committee to set up a regular meeting with the national committees on petitions in order to raise awareness of European citizens’ concerns in the EU and in the Member States and to further strengthen their rights through better European law-making and implementation;

17.

Reiterates the call made in its resolution of 11 March 2014 on the activities of the Committee on Petitions 2013 (1) for an enhanced structured dialogue to be launched with Member States, for example by holding regular meetings with members of national petitions committees or other competent authorities; calls on the Member States to take note of the recommendations made in the reports of fact-finding missions and during dialogues;

18.

Is pleased that in 2015 191 citizens presented their petitions directly to the Committee on Petitions; recalls and supports the increased use of videoconferencing or any other means that enables petitioners to become actively involved in the work of the Committee on Petitions when they cannot be physically present;

19.

Notes the Commission’s restrictive and narrow interpretation in relation to Article 51(1) of the Charter of Fundamental Rights which states, inter alia, that the Charter is addressed to the Member States ‘only when they are implementing Union law’; notes that Article 51(2) of the Charter states that the Charter ‘does not extend the field of application of Union law beyond the powers of the Union’; recalls that the expectations of EU citizens often go beyond the Charter, and invites the Commission to consider a new approach that is more consistent with those expectations; urges for a broader interpretation of the scope of application of the Charter, and for the pertinence of this article to be ultimately reassessed in future revisions of the Charter and the treaties; emphasises that nothing prevents Member States from engaging in a full application of the provisions of the Charter in their national legislation in order to ensure the protection of the fundamental rights of their citizens beyond the implementation of Union law, and reminds them that they are also bound by other international obligations;

20.

Regrets that petitioners are still not sufficiently informed about the grounds for declaring a petition inadmissible;

21.

Deplores the strict and restrictive way in which the Commission has interpreted Article 51 of the Charter of Fundamental Rights with its stipulation that ‘the provisions of the […] Charter are addressed to the institutions, bodies, offices and agencies of the Union with due regard for the principle of subsidiarity and to the Member States only when they are implementing Union law’; recalls that, owing to the existence of Article 51 of the Charter, the expectations of citizens often go beyond what the Charter’s legal provisions strictly allow for and are often unmet, precisely because of this strict and restrictive interpretation; calls on the Commission to adopt a new approach that is more consistent with those expectations;

22.

Regrets that citizens of Poland and the United Kingdom are still not protected by the Charter of Fundamental Rights of the European Union;

23.

Stresses that in January 2015 two Members were appointed as representative members of the Committee on Petitions in the structures of the United Nations Convention on the Rights of Persons with Disabilities (CPRD) and that they took part in the analysis of the preliminary report of the European Union and the UN Committee on the Rights of Persons with Disabilities in Geneva, Switzerland, on 27-28 August 2015; points to the important ongoing work carried out by the Committee on Petitions in the context of the application of the UN Convention on the Rights of Persons with Disabilities; duly notes that 2015 was a very significant year in that for the first time a United Nations agency reviewed the fulfilment of human rights obligations in the EU; is pleased to note that a United Nations committee had the opportunity to hear all the details regarding the protection provided by the Committee on Petitions; underscores that the Commission has begun to incorporate the concluding observations by the UN Committee on the Rights of Persons with Disabilities into the petition treatment process (2); is pleased to note that the public hearing ‘Protecting the rights of people with disabilities, from the perspective of petitions received’ organised by the Committee on Petitions on 15 October 2015 was highly accessible; draws attention to the importance of the findings of the study commissioned by Policy Department C entitled ‘The protection role of the Committee on Petitions in the context of the implementation of the UN Convention on the Rights of Persons with Disabilities’; considers it important that the Committee on Petitions continues to organise events focusing on petitions in the field of disability; calls for the capacity of the Committee on Petitions and its secretariat to be enhanced so as to enable it to properly fulfil its protection role; calls for the establishment of a designated officer responsible for the processing of disability-related issues; notes the committee’s significant follow-up action in 2015 with regard to disability in relation to more specific topics such as the ratification of the Marrakesh Treaty, the unblocking of the anti-discrimination directive, exemption from customs duties for certain products designed to promote the cultural, educational or scientific advancement of persons with disabilities or family caregivers;

24.

Urges for a prompt ratification at EU level of the Marrakech Treaty to facilitate access to published works for persons who are blind, visually impaired, or otherwise print disabled, regardless of the conflict over competences before the CJEU; recalls that in its Concluding Observations in September 2015 the CPRD Committee pointed out some deficiencies within the EU as regards full compliance with the convention; notes that the EU is required to swiftly adopt an amended European Accessibility Act that includes effective and accessible enforcement and complaint mechanisms; notes the requirement to decouple the roles of the Commission by removing it from the independent monitoring framework, in order to ensure that the framework has adequate resources to perform its functions;

25.

Stresses the wide range of subjects raised in the petitions filed by citizens, such as fundamental rights, child welfare, the rights of persons with disabilities, rights of persons belonging to minorities, rights of children, the internal market, environmental law, labour relations, migration policies, trade agreements, public health issues, transport, animal rights and discrimination;

26.

Regrets the very restrictive approach taken by the Commission in its responses to petitions relating to different aspects of animal welfare when it comes to the interpretation of its responsibilities under Article 13 TFEU; urges the Commission to reconsider its current approach and to explore further its legal basis to play a role in ensuring the better protection of animal rights across the EU;

27.

Emphasises the sensitive character of the petitions relating to children’s rights, as in such cases there is a need to urgently and adequately respond to petitioners’ concerns while preserving the children’s best interests, in the context of the fact-finding visits that the PETI Committee may organise when investigating petitions;

28.

Believes that the holding of public hearings is an important way of examining problems raised by petitioners which fall within the EU fields of activity in greater depth, as well as general aspects of the functioning of the EU and the underlying shortcomings therein; draws attention to the public hearings held on 26 February 2015 with the Committee on Constitutional Affairs on the European Citizens’ Initiative (ECI), on 23 June 2015 on the Right to Petition, on 15 October 2015 on the Protection of the Rights of People with Disabilities, on 11 May 2015, with three other committees, on the ECI ‘Stop Vivisection’, and also regards as useful the workshop held on 1 December 2015 together with the Committee on Legal Affairs on cross-border adoptions;

29.

Considers that the ECI is a new political right for citizens as well as a relevant agenda-setting tool for participatory democracy in the European Union, allowing citizens to be directly and actively involved in projects and processes that affect them, the potential of which must unquestionably be exploited to the full and significantly enhanced in order to achieve the best results and to encourage as many EU citizens as possible to participate in the further development of the European integration process; likewise considers that it must be among the EU’s priority objectives to strengthen the protection of fundamental rights, of democratic legitimacy and of the transparency of its institutions; reminds the Commission of the need to follow up on the recommendations made in the European Parliament resolution of 28 October 2015 on the European Citizens’ Initiative (3) in order to ensure that the right to present an ECI is properly implemented; reaffirms its commitment to being proactively involved in holding public hearings for successful initiatives; undertakes to give priority, at institutional level, to the effectiveness of this participative process and to ensuring due legislative follow-up;

30.

Regrets the fact that the Commission considers that it is too early to revise Regulation (EU) No 211/2011, which became applicable more than three years ago on 1 April 2012; considers that it is necessary to thoroughly evaluate its implementation in order to resolve all the possible deficiencies identified and to propose workable solutions with a view to revising it soon, ensuring that the procedures and conditions required for the ECI are genuinely clear, simple, easily applicable and proportionate; welcomes the Commission’s report of 31 March 2015 on the ECI, and the European Ombudsman’s Decision OI/9/2013/TN, and calls on the Commission to ensure, in its revision of this instrument, that the ECI provides actual input to the Union in accordance with the Charter of Fundamental Rights of the European Union and that all the appropriate legal measures are taken with a view to providing proper follow-up when an ECI is deemed to have been completed successfully; calls on the Commission, in view of the various weaknesses identified, to present a proposal for reform of Regulation (EU) No 211/2011 as soon as possible;

31.

Draws attention to its resolution of 8 October 2015 on mortgage legislation and risky financial instruments in Spain (4) in the light of the petitions received, concerning which Parliament issued a series of recommendations for the proper application of EU mortgage legislation and combating banking abuses; calls on the Commission to supervise closely the implementation in all Member States of Directive 2014/17/EU on credit agreements and Directive 93/13/EEC on unfair terms in consumer contracts, and to share best practice in order to improve protection of citizens in financial difficulties;

32.

Is concerned with the evidence of shortcomings on proper access to justice in certain Member States unveiled as a result of the processing of petitions; considers that this is an essential issue to be addressed without delay in order to guarantee proper democratic functioning of the Union and the exercise of fundamental rights by its citizens and residents; considers that the Union should set an example by deploying the pillar of the Aarhus Convention on access to justice on environmental matters;

33.

Draws attention to its resolution of 21 January 2016 on the activities of the Committee on Petitions 2014 (5) and to its resolution of 25 February 2016 on the annual report on the activities of the European Ombudsman in 2014 (6);

34.

Welcomes the resumption of a more normal level of activity in the field of fact-finding visits, and expects that the full potential of this specific prerogative of the Committee on Petitions will be exploited in the upcoming years until the very end of the legislative period; underlines the importance of the Working Documents produced after each visit, including specific recommendations, and urges the different authorities concerned to take them into due consideration; considers that the degree of compliance with these recommendations should be periodically appraised;

35.

Highlights the work done in 2015 by the Committee on Petitions to provide petitioners with a web portal through which they can register, submit a petition, download accompanying documents and add their support to petitions already considered admissible; underscores the updating of the portal to which the petitions registered in 2013, 2014 and 2015 have been uploaded; is pleased to note that the new search, add support features and petitioner confidentiality features have been renovated and upgraded;

36.

Recalls the steps still needed to conclude the remaining project phases of the petitions web portal, whereby petitioners will be able to receive real-time information on the status of their petition and be automatically notified of changes in the processing procedure such as the declaration of admissibility, the reception of a response from the Commission or the inclusion of their petition in the agenda of a committee meeting and the web-streaming link, and will thus be provided with clear and direct information from the secretariat of the Committee on Petitions; underlines that the web portal is a crucial information source for EU citizens, and that information on the lifecycle of the petition should therefore be provided;

37.

Draws attention to the adoption of Regulation (EU) No 910/2014 on electronic identification and trust services for electronic transactions in the internal market; urges that submission documents signed by means of electronic signature from all 28 Member States should be accepted by the Committee of Petitions, as well as all the European Union institutions;

38.

Emphasises the important role of SOLVIT, a problem-solving network between the Member States which should be thoroughly developed to its full potential in collaboration with the States and their national SOLVIT centres under their national administrations, and requests that it be given more resources and that a more systematic analysis of the problems identified by SOLVIT be conducted as this network helps to give a realistic picture of the dysfunctions of the single market;

39.

Calls on the United Kingdom to take note of the recommendations made in the report of the fact-finding mission conducted in London on 5 and 6 November 2015, which were approved by the Committee on 19 April 2016;

40.

Stresses the importance of cooperation with the European Ombudsman, and the involvement of Parliament in the European Network of Ombudsmen; applauds the good relations maintained within the institutional framework between the European Ombudsman and the Committee on Petitions; commends the work of the Ombudsman to improve good administration in the EU, and has appreciated in particular her regular contributions to the work of the Committee on Petitions throughout the year;

41.

Instructs its President to forward this resolution and the report of the Committee on Petitions to the Council, the Commission, the European Ombudsman and the governments and parliaments of the Member States, their committees on petitions and their national ombudsmen or similar competent bodies.

(1)  Texts adopted, P7_TA(2014)0204.

(2)  Adopted by the UN Committee at its 14th session (17 August to 4 September 2015); see: http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRPD%2fC%2fEU%2fCO%2f1&Lang=en

(3)  Texts adopted, P8_TA(2015)0382.

(4)  Texts adopted, P8_TA(2015)0347.

(5)  Texts adopted, P8_TA(2016)0021.

(6)  Texts adopted, P8_TA(2016)0062.


6.7.2018   

EN

Official Journal of the European Union

C 238/142


P8_TA(2016)0513

International aviation agreements

European Parliament resolution of 15 December 2016 on international aviation agreements (2016/2961(RSP))

(2018/C 238/16)

The European Parliament,

having regard to the Council decisions of 8 March 2016 authorising the Commission to open negotiations on aviation safety agreements with Japan and China,

having regard to the Council decisions of 7 June 2016 authorising the Commission to open negotiations on EU-level air services agreements with the Association of Southeast Asian Nations (ASEAN), Turkey, Qatar and the United Arab Emirates,

having regard to the Commission communication of 27 September 2012 entitled ‘The EU’s External Aviation Policy — Addressing Future Challenges’ (COM(2012)0556),

having regard to the Commission communication of 7 December 2015 entitled ‘An Aviation Strategy for Europe’ (COM(2015)0598),

having regard to its resolution of 11 November 2015 on aviation (1),

having regard to the Framework Agreement on relations between the European Parliament and the European Commission (2) (‘the Framework Agreement’), in particular points 23 to 29, Annex II and Annex III thereof,

having regard to the case law of the Court of Justice, in particular the judgments of 24 June 2014 in the Mauritius case (C-658/11) and of 14 June 2016 in the Tanzania case (C-263/14),

having regard to the Interinstitutional Agreement of 12 March 2014 between the European Parliament and the Council concerning the forwarding to and handling by the European Parliament of classified information held by the Council on matters other than those in the area of the common foreign and security policy (3),

having regard to the decision of the Bureau of the European Parliament of 15 April 2013 concerning the rules governing the treatment of confidential information by the European Parliament,

having regard to the practical arrangements for providing information on international aviation negotiations, including access to confidential information, as agreed between the Chair of its Committee on Transport and Tourism and the Commissioner for Transport in the form of an exchange of letters on 19 January 2016 and 18 March 2016,

having regard to the Treaty on the Functioning of the European Union (TFEU), in particular Article 218 thereof,

having regard to the question to the Commission on international aviation agreements (O-000128/2016 — B8-1807/2016),

having regard to Rules 128(5) and 123(2) of its Rules of Procedure,

A.

whereas the Commission proposed in the Aviation Strategy for Europe to open negotiations on civil aviation safety with Japan and China, and on EU-level air services agreements with China, Turkey, Mexico, six member states of the Gulf Cooperation Council, Armenia, and the ASEAN;

B.

whereas the Council authorised the Commission to open negotiations on aviation safety agreements with Japan and China and on EU-level air services agreements with the ASEAN, Turkey, Qatar and the United Arab Emirates;

C.

whereas Parliament’s consent is required for concluding international agreements covering fields to which the ordinary legislative procedure applies;

D.

whereas, when the Commission is negotiating agreements between the Union and third countries or international organisations, Parliament is to ‘be immediately and fully informed at all stages of the procedure’ (Article 218(10) of the TFEU);

E.

whereas the Framework Agreement should ensure that the institutions’ powers and prerogatives are exercised as effectively and transparently as possible;

F.

whereas, in that Framework Agreement, the Commission has committed itself to complying with the principle of equal treatment of Parliament and the Council in respect of legislative and budgetary matters, in particular as regards access to meetings and the forwarding of contributions or other information;

1.

Stresses that, in order to be able to make its decision on whether or not to grant consent at the end of the negotiations, Parliament needs to follow the process from the beginning; considers that it is also in the interests of the other institutions that any concerns of sufficient importance to call into question Parliament’s readiness to grant consent be identified and addressed at an early stage;

2.

Recalls that the Framework Agreement states, in particular, that Parliament should receive from the outset, regularly, and where necessary on a confidential basis, full details of the procedure in progress at all stages of the negotiations;

3.

Expects the Commission to provide Parliament’s committee responsible with information about its intention to propose negotiations with a view to concluding and amending international air agreements; expects the Commission to reach arrangements with the Council and with negotiating partners in order to provide Members of the European Parliament with access to all relevant documents, including the negotiating directives and consolidated texts, in parallel and on an equal footing with the Council;

4.

Points out that, pursuant to Article 24 of the Framework Agreement, the information mentioned above must be forwarded to Parliament in such a way that, if necessary, it can deliver an opinion; strongly urges the Commission to report back to Parliament on how its opinions are taken into account;

5.

Recalls that, according to Article 218(10) of the TFEU, the Council and the Commission are obliged to inform Parliament immediately and fully at all stages of the procedure;

6.

Recognises that, when Parliament receives sensitive information about ongoing negotiations, it has an obligation to ensure that full confidentiality is maintained;

7.

Notes that its Rules of Procedure allow Parliament ‘on the basis of a report from the committee responsible […] [to] adopt recommendations and require them to be taken into account before the conclusion of [the international agreement under consideration]’ (Rule 108(4));

8.

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

(1)  Texts adopted, P8_TA(2015)0394.

(2)  OJ L 304, 20.11.2010, p. 47.

(3)  OJ C 95, 1.4.2014, p. 1.


III Preparatory acts

EUROPEAN PARLIAMENT

Tuesday 13 December 2016

6.7.2018   

EN

Official Journal of the European Union

C 238/144


P8_TA(2016)0482

EU-Algeria Framework Agreement on the general principles for the participation of Algeria in Union programmes ***

European Parliament legislative resolution of 13 December 2016 on the draft Council decision on the conclusion of the Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the People's Democratic Republic of Algeria, of the other part, on a Framework Agreement between the European Union and the People's Democratic Republic of Algeria on the general principles for the participation of the People's Democratic Republic of Algeria in Union programmes (16152/2014 — C8-0152/2015 — 2014/0195(NLE))

(Consent)

(2018/C 238/17)

The European Parliament,

having regard to the draft Council decision (16152/2014),

having regard to the draft Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the People's Democratic Republic of Algeria, of the other part, on a Framework Agreement between the European Union and the People's Democratic Republic of Algeria on the general principles for the participation of the People's Democratic Republic of Algeria in Union programmes (16150/2014),

having regard to the request for consent submitted by the Council in accordance with Article 212 and Article 218(6), second subparagraph, point (a), and Article 218(7) of the Treaty on the Functioning of the European Union (C8-0152/2015),

having regard to Rule 99(1), first and third subparagraphs, Rule 99(2), and Rule 108(7) of its Rules of Procedure,

having regard to the recommendation of the Committee on Foreign Affairs (A8-0367/2016),

1.

Gives its consent to conclusion of the Protocol;

2.

Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the People's Democratic Republic of Algeria.

6.7.2018   

EN

Official Journal of the European Union

C 238/145


P8_TA(2016)0483

North-East Atlantic: deep-sea stocks and fishing in international waters ***II

European Parliament legislative resolution of 13 December 2016 on the Council position at first reading in view of the adoption of a Regulation of the European Parliament and of the Council establishing specific conditions for fishing for deep-sea stocks in the North-East Atlantic and provisions for fishing in international waters of the North-East Atlantic and repealing Council Regulation (EC) No 2347/2002 (11625/1/2016 — C8-0427/2016 — 2012/0179(COD))

(Ordinary legislative procedure: second reading)

(2018/C 238/18)

The European Parliament,

having regard to the Council position at first reading (11625/1/2016 — C8-0427/2016),

having regard to the opinion of the European Economic and Social Committee of 13 February 2013 (1),

having regard to the opinion of the Commission (COM(2016)0667),

having regard to its position at first reading (2) on the Commission’s proposal to Parliament and the Council (COM(2012)0371),

having regard to Article 294(7) of the Treaty on the Functioning of the European Union,

having regard to Rule 76 of its Rules of Procedure,

having regard to the recommendation for second reading of the Committee on Fisheries (A8-0369/2016),

1.

Approves the Council position at first reading;

2.

Notes that the act is adopted in accordance with the Council position;

3.

Instructs its President to sign the act with the President of the Council, in accordance with Article 297(1) of the Treaty on the Functioning of the European Union;

4.

Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication in the Official Journal of the European Union;

5.

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

(1)  OJ C 133, 9.5.2013, p. 41.

(2)  Texts adopted of 10.12.2013, P7_TA(2013)0539.


6.7.2018   

EN

Official Journal of the European Union

C 238/146


P8_TA(2016)0484

General revision of Parliament's Rules of Procedure

European Parliament decision of 13 December 2016 on the general revision of Parliament's Rules of Procedure (2016/2114(REG)) (*1)

(2018/C 238/19)

The European Parliament,

having regard to Rules 226 and 227 of its Rules of Procedure,

having regard to the report of the Committee on Constitutional Affairs and the opinions of the Committee on Budgets, the Committee on Budgetary Control, the Committee on the Environment, Public Health and Food Safety and the Committee on Legal Affairs (A8-0344/2016),

1.

Decides to amend its Rules of Procedure as shown below;

2.

Underlines that those amendments to the Rules have taken due account of the provisions of the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (1);

3.

Requests the Secretary General to take the necessary measures to immediately adapt Parliament’s IT systems to the amended Rules of Procedure and create appropriate electronic tools, inter-alia to follow-up written questions to the other institutions of the Union;

4.

Decides to delete Rule 106(4) from the Rules of Procedure as soon as the regulatory procedure with scrutiny has been removed from any existing legislation and requests that, in the meantime, the services concerned add to that Rule a footnote referring to that future deletion;

5.

Invites the Conference of Presidents to review the Code of Conduct for negotiating in the context of the ordinary legislative procedure in order to bring it in line with Rules 73 to 73d adopted as a result of this Decision;

6.

Draws attention to the need to re-organise the Annexes to the Rules of Procedure so that they contain only texts that have the same legal value and are subject to the same procedural majority as the Rules themselves and Annex VI which, although it requires a different procedure and a different majority for its adoption, consists of implementing measures of the Rules; requests that the other existing annexes and any additional texts which could be relevant for the work of the Members, be re-grouped into a compendium which will accompany the Rules;

7.

Points out that the amendments to these Rules shall enter into force on the first day of the part-session following that of their adoption, with the exception of:

(a)

the amendments to Rule 212(1) and (2) on the composition of interparliamentary delegations, which shall enter into force for existing delegations at the opening of the first part-session following the next elections to the European Parliament due to be held in 2019;

(b)

the amendments to Rule 199 on the composition of committees and the deletion of Rule 200 on Substitutes, which shall enter into force at the opening of the first part-session following the next elections to the European Parliament due to be held in 2019;

Further points out that the current modalities for the election of the members of committees of inquiry and special committees shall remain in force until the opening of the first part-session following the next elections to the European Parliament due to be held in 2019, notwithstanding the amendments to Rule 196, Rule 197(1) and 198(3).

8.

Calls for consideration to be given to a further revision of the Rules regarding the internal budgetary procedures;

9.

Decides that Members shall adapt their declaration of financial interests to reflect the changes to Article 4 of Annex I to the Rules at the latest six months after the date of entry into force of those changes; requests its Bureau and its Secretary-General to take within three months from the date of that entry into force the appropriate measures to allow that adaptation by Members; decides that declarations submitted on the basis of the provisions of the Rules of Procedure in force on the date that this decision is adopted will remain valid until six months after the date of that entry into force; decides, furthermore, that the latter provisions will also apply to any Member who takes office during that period;

10.

Criticises the presentation of statistical data on explanations of vote, speeches in plenary, parliamentary questions, amendments and motions for resolutions on the Parliament website, which appear to be designed to prove, on platforms such as MEPRanking, which Members of the European Parliament are supposedly ‘active’; calls on its Bureau to stop providing the raw numbers in a statistical form and to take into account more suitable criteria for identifying a Member as ‘active’;

11.

Asks the Committee on Constitutional Affairs to review Rule 168a concerning the new definitions of thresholds, as well as to review one year after the entry into force of that Rule the application of such thresholds to specific Rules;

12.

Instructs its President to forward this decision to the Council and the Commission, for information.

Amendment 1

Parliament's Rules of Procedure

Rule 2

Present text

Amendment

Rule 2

Rule 2

The independent mandate

The independent mandate

Members of the European Parliament shall exercise their mandate independently . They shall not be bound by any instructions and shall not receive a binding mandate.

In accordance with Article 6(1) of the Act of 20 September 1976 and with Article 2(1) and Article 3(1) of the Statute for Members of the European Parliament , Members shall exercise their mandate freely and independently, shall not be bound by any instructions and shall not receive a binding mandate.

Amendment 2

Parliament's Rules of Procedure

Rule 3

Present text

Amendment

Rule 3

Rule 3

Verification of credentials

Verification of credentials

1.   Following elections to the European Parliament, the President shall invite the competent authorities of the Member States to notify Parliament without delay of the names of the elected Members so that all Members may take their seats in Parliament with effect from the opening of the first sitting following the elections.

1.   Following elections to the European Parliament, the President shall invite the competent authorities of the Member States to notify Parliament without delay of the names of the elected Members so that all Members may take their seats in Parliament with effect from the opening of the first sitting following the elections.

At the same time, the President shall draw the attention of those authorities to the relevant provisions of the Act of 20 September 1976 and invite them to take the necessary measures to avoid any incompatibility with the office of Member of the European Parliament.

At the same time, the President shall draw the attention of those authorities to the relevant provisions of the Act of 20 September 1976 and invite them to take the necessary measures to avoid any incompatibility with the office of Member of the European Parliament.

2.   Members whose election has been notified to Parliament shall declare in writing, before taking their seat in Parliament, that they do not hold any office incompatible with that of Member of the European Parliament within the meaning of Article 7(1) or (2) of the Act of 20 September 1976. Following general elections, the declaration shall be made, where possible, no later than six days prior to Parliament's constitutive sitting. Until such time as Members' credentials have been verified or a ruling has been given on any dispute, and provided that they have previously signed the above-mentioned written declaration, they shall take their seat in Parliament and on its bodies and shall enjoy all the rights attaching thereto.

2.   Members whose election has been notified to Parliament shall declare in writing, before taking their seat in Parliament, that they do not hold any office incompatible with that of Member of the European Parliament within the meaning of Article 7(1) or (2) of the Act of 20 September 1976. Following general elections, the declaration shall be made, where possible, no later than six days prior to Parliament's constitutive sitting. Until such time as Members' credentials have been verified or a ruling has been given on any dispute, and provided that they have previously signed the above-mentioned written declaration, they shall take their seat in Parliament and on its bodies and shall enjoy all the rights attaching thereto.

Where it is established from facts verifiable from sources available to the public that a Member holds an office incompatible with that of Member of the European Parliament, within the meaning of Article 7(1) and (2) of the Act of 20 September 1976, Parliament, on the basis of the information provided by its President, shall establish that there is a vacancy.

Where it is established from facts verifiable from sources available to the public that a Member holds an office incompatible with that of Member of the European Parliament, within the meaning of Article 7(1) and (2) of the Act of 20 September 1976, Parliament, on the basis of the information provided by its President, shall establish that there is a vacancy.

3.   On the basis of a report by the committee responsible for the verification of credentials , Parliament shall verify credentials without delay and rule on the validity of the mandate of each of its newly elected Members and also on any dispute referred to it pursuant to the provisions of the Act of 20 September 1976, except those based on national electoral laws .

3.   On the basis of a report by the committee responsible, Parliament shall verify credentials without delay and rule on the validity of the mandate of each of its newly elected Members and also on any disputes referred to it pursuant to the provisions of the Act of 20 September 1976, other than those which, under that Act, fall exclusively under the national provisions to which that Act refers .

 

The committee's report shall be based on the official notification by each Member State of the full results of the election, specifying the names of the candidates elected and those of any substitutes, together with their ranking in accordance with the results of the vote.

 

The validity of the mandate of a Member may not be confirmed unless the written declarations required under this Rule and Annex I to these Rules of Procedure have been made.

4.     The committee's report shall be based on the official notification by each Member State of the full results of the election specifying the names of the candidates elected and those of any substitutes together with their ranking in accordance with the results of the vote.

 

The validity of the mandate of a Member may not be confirmed unless the written declarations required under this Rule and Annex I to these Rules have been made.

 

On the basis of a  report by the committee, Parliament may at any time rule on any dispute as to the validity of the mandate of any of its Members.

4.    On the basis of a  proposal by the committee responsible , Parliament shall, without delay, verify the credentials of individual Members who are replacing outgoing Members and may at any time rule on any dispute as to the validity of the mandate of any of its Members.

5.   Where the appointment of a Member is due to the withdrawal of candidates from the same list, the committee shall ensure that the withdrawals in question have taken place in accordance with the spirit and the letter of the Act of 20 September 1976 and Rule 4(3).

5.   Where the appointment of a Member is due to the withdrawal of candidates from the same list, the committee shall ensure that the withdrawals in question have taken place in accordance with the spirit and the letter of the Act of 20 September 1976 and Rule 4(3).

6.   The committee shall ensure that any information which may affect the performance of the duties of a Member of the European Parliament or the ranking of the substitutes is forwarded to Parliament without delay by the authorities of the Member States or of the Union, with an indication of the date of effect in the case of an appointment.

6.   The committee shall ensure that any information which may affect the eligibility of the Member of the European Parliament or the eligibility or the ranking of the substitutes is forwarded to Parliament without delay by the authorities of the Member States or of the Union, with an indication of the date of effect in the case of an appointment.

Should the competent authorities of the Member States initiate a procedure which might lead to the disqualification of a Member from holding office, the President shall ask them to keep him regularly informed of the stage reached in the procedure and shall refer the matter to the committee responsible. On a proposal from that committee, Parliament may adopt a position on the matter.

Should the competent authorities of the Member States initiate a procedure which might lead to the disqualification of a Member from holding office, the President shall ask them to keep him regularly informed of the stage reached in the procedure and shall refer the matter to the committee responsible. On a proposal from that committee, Parliament may adopt a position on the matter.

Amendment 3

Parliament's Rules of Procedure

Rule 4

Present text

Amendment

Rule 4

Rule 4

Term of office of Members

Term of office of Members

1.   A Member's term of office shall begin and end as laid down in the Act of 20 September 1976. It shall also end on death or resignation.

1.   A Member's term of office begins and ends as laid down in Articles 5 and 13 of the Act of 20 September 1976.

2.     Every Member shall remain in office until the opening of the first sitting of Parliament following the elections.

 

3.   Members who resign shall notify the President of their resignation and of the date on which that resignation is to take effect, which may not be more than three months after notification. This notification shall take the form of an official record drawn up in the presence of the Secretary-General or his representative, signed by the latter and by the Member concerned and immediately submitted to the committee responsible, which shall enter it on the agenda of its first meeting following receipt of the document.

3.   Members who resign shall notify the President of their resignation and of the date on which that resignation is to take effect, which may not be more than three months after notification. This notification shall take the form of an official record drawn up in the presence of the Secretary-General or his representative, signed by the latter and by the Member concerned and immediately submitted to the committee responsible, which shall enter it on the agenda of its first meeting following receipt of the document.

If the committee responsible considers that the resignation is not in accordance with the spirit or the letter of the Act of 20 September 1976 it shall inform Parliament to this effect so that Parliament can decide whether or not to establish the vacancy .

If the committee responsible considers that the resignation is in accordance with the Act of 20 September 1976 , a vacancy shall be declared with effect from the date indicated by the resigning Member in the official record, and the President shall inform Parliament thereof .

Otherwise, the vacancy shall be established with effect from the date indicated by the resigning Member in the official record. There shall be no vote in Parliament on the subject .

If the committee responsible considers that the resignation is not in compliance with the Act of 20 September 1976, it shall propose to Parliament that it not declare a vacancy .

A simplified procedure has been introduced for certain exceptional circumstances, in particular where one or more part-sessions are held between the effective date of the resignation and the first meeting of the committee responsible and where, as the vacancy has not been established, the political group to which the resigning Member belongs is not able to obtain a replacement Member during those part-sessions. Under this procedure, the rapporteur of the committee responsible entrusted with these cases has the power to examine immediately any resignation duly notified and, where any delay in considering the notification would be prejudicial, to refer the matter to the committee chair, requesting, pursuant to paragraph 3:

 

either that the President be informed on behalf of the committee that the vacancy may be established; or

 

that an extraordinary meeting of the committee be convened to examine any specific difficulties noted by the rapporteur.

 

 

3a.     Where no meeting of the committee responsible is scheduled before the next part-session, the rapporteur of the committee responsible shall immediately examine any resignation that has been duly notified. Where delay in considering the notification would be prejudicial, the rapporteur shall refer the matter to the committee chair, requesting, pursuant to paragraph 3, that:

 

the President be informed on behalf of the committee that a vacancy may be declared; or

 

an extraordinary meeting of the committee be convened to examine specific difficulties noted by the rapporteur;

4.   Where the competent authority of a Member State notifies the President of the end of the term of office of a Member of the European Parliament pursuant to the provisions of the law of that Member State, as a result either of incompatibilities within the meaning of Article 7 (3) of the Act of 20 September 1976 or withdrawal of the mandate pursuant to Article 13(3) of that Act , the President shall inform Parliament that the mandate ended on the date communicated by the Member State and shall invite the Member State to fill the vacant seat without delay .

4.   Where either the competent authorities of the Member States or of the Union or the Member concerned notifies the President of an appointment or election to an office that is incompatible with the office of Member of the European Parliament within the meaning of Article 7 (1) or (2 ) of the Act of 20 September 1976, the President shall inform Parliament thereof, and Parliament shall declare that a vacancy exists from the date of the incompatibility .

Where the competent authorities of the Member States or of the Union or the Member concerned notify the President of an appointment or election to an office incompatible with the office of Member of the European Parliament within the meaning of Article 7 (1) or (2 ) of the Act of 20 September 1976, the President shall inform Parliament , which shall establish that there is a vacancy .

Where the competent authorities of the Member States notify the President of the end of the term of office of a Member of the European Parliament as a result either of an additional incompatibility established by the law of that Member State in accordance with Article 7 (3) of the Act of 20 September 1976 or of the withdrawal of the Member’s mandate pursuant to Article 13(3) of that Act, the President shall inform Parliament that the term of office of that Member ended on the date communicated by the Member State. Where no such date is communicated, the date of the end of the term of office shall be the date of the notification by that Member State.

5.   The authorities of the Member States or of the Union shall inform the President of any assignment they intend to confer on a Member. The President shall refer to the committee responsible the question of the compatibility of the proposed assignment with the letter and the spirit of the Act of 20 September 1976 and shall inform Parliament, the Member and the authorities concerned of the conclusions reached by that committee.

5.    Where the authorities of the Member States or of the Union inform the President of an assignment they intend to confer on a Member, the President shall refer to the committee responsible the question of the compatibility of the proposed assignment with the Act of 20 September 1976 and shall inform Parliament, the Member and the authorities concerned of the conclusions reached by that committee.

6.     The following shall be considered as the date of the end of the term of office and the effective date of a vacancy:

 

in the case of resignation: the date on which the vacancy is established by Parliament, in accordance with the notification of resignation;

 

in the case of appointment or election to an office incompatible with the office of Member of the European Parliament within the meaning of Article 7(1) or (2) of the Act of 20 September 1976: the date notified by the competent authorities of the Member States or of the Union or by the Member concerned.

 

7.   When Parliament has established that a vacancy exists, it shall inform the Member State concerned and invite it to fill the seat without delay.

7.   When Parliament has established a vacancy , the President shall inform the Member State concerned thereof, and invite it to fill the seat without delay.

8.     Any dispute concerning the validity of the appointment of a Member whose credentials have already been verified shall be referred to the committee responsible, which shall report to Parliament without delay and no later than the beginning of the next part-session.

 

9.    Parliament shall reserve the right, where acceptance or termination of office appears to be based on material inaccuracy or vitiated consent, to declare the appointment under consideration to be invalid or refuse to establish the vacancy

9.   Where acceptance or termination of office appears to be based on material inaccuracy or vitiated consent, Parliament may declare the appointment under consideration to be invalid or may refuse to establish the vacancy.

Amendment 4

Parliament's Rules of Procedure

Rule 5

Present text

Amendment

Rule 5

Rule 5

Privileges and immunities

Privileges and immunities

1.   Members shall enjoy privileges and immunities in accordance with the Protocol on the Privileges and Immunities of the European Union.

1.   Members enjoy the privileges and immunities laid down in the Protocol on the Privileges and Immunities of the European Union.

2.   Parliamentary immunity is not a Member’s personal privilege but a guarantee of the independence of Parliament as a whole and of its Members.

2.    In exercising its powers on privileges and immunities, Parliament shall act to uphold its integrity as a democratic legislative assembly and to ensure the independence of its Members in the performance of their duties. Parliamentary immunity is not a Member's personal privilege but a guarantee of the independence of Parliament as a whole and of its Members.

3.    Passes allowing Members to circulate freely in the Member States shall be issued to them by the President of Parliament as soon as he has been notified of their election .

3.    A laissez-passer of the European Union allowing a Member to circulate freely in the Member States and in other countries which recognise it as a valid travel document shall be issued by the European Union to a Member on request and subject to authorisation by the President of the Parliament .

 

3a.     For the purpose of performing their duties, all Members shall have the right to participate actively in the work of Parliament’s committees and delegations in accordance with the provisions of these Rules of Procedure.

4.   Members shall be entitled to inspect any files held by Parliament or a committee, other than personal files and accounts which only the Members concerned shall be allowed to inspect. Exceptions to this rule for the handling of documents to which public access may be refused pursuant to Regulation (EC) No 1049/2001 of the European Parliament and of the Council regarding public access to European Parliament, Council and Commission documents are laid down in Annex VII to these Rules of Procedure .

4.   Members shall be entitled to inspect any files held by Parliament or a committee, other than personal files and accounts which only the Members concerned shall be allowed to inspect. Exceptions to this rule for the handling of documents to which public access may be refused pursuant to Regulation (EC) No 1049/2001 of the European Parliament and of the Council regarding public access to European Parliament, Council and Commission documents are laid down in Rule 210a .

 

With the approval of the Bureau, a Member may, on the basis of a reasoned decision, be denied the right to inspect a Parliament document if, after hearing the Member concerned, the Bureau comes to the conclusion that such inspection would cause unacceptable damage to Parliament’s institutional interests or to the public interest, and that the Member concerned is seeking to inspect the document for private and personal reasons. The Member may lodge a written appeal against such a decision within one month of notification thereof. In order to be admissible, written appeals must include reasons. Parliament shall reach a decision on the appeal without debate during the part-session that follows its being lodged.

Amendment 5

Parliament's Rules of Procedure

Rule 6

Present text

Amendment

Rule 6

Rule 6

Waiver of immunity

Waiver of immunity

1.    In the exercise of its powers in respect of privileges and immunities, Parliament acts to uphold its integrity as a democratic legislative assembly and to secure the independence of its Members in the performance of their duties. Any request for waiver of immunity shall be evaluated in accordance with Articles 7, 8 and 9 of the Protocol on the Privileges and Immunities of the European Union and with the principles referred to in this Rule.

1.   Any request for waiver of immunity shall be evaluated in accordance with Articles 7, 8 and 9 of the Protocol on the Privileges and Immunities of the European Union and with the principles referred to in Rule 5(2) .

2.   Where Members are required to appear as witnesses or expert witnesses, there is no need to request a waiver of immunity, provided:

2.   Where Members are required to appear as witnesses or expert witnesses, there is no need to request a waiver of immunity, provided:

that they will not be obliged to appear on a date or at a time which prevents them from performing their parliamentary duties, or makes it difficult for them to perform those duties, or that they will be able to provide a statement in writing or in any other form which does not make it difficult for them to perform their parliamentary duties; and

that they will not be obliged to appear on a date or at a time which prevents them from performing their parliamentary duties, or makes it difficult for them to perform those duties, or that they will be able to provide a statement in writing or in any other form which does not make it difficult for them to perform their parliamentary duties; and

that they are not obliged to testify concerning information obtained confidentially in the exercise of their mandate which they do not see fit to disclose.

that they are not obliged to testify concerning information obtained confidentially in the exercise of their mandate which they do not see fit to disclose.

Amendment 6

Parliament's Rules of Procedure

Rule 7

Present text

Amendment

Rule 7

Rule 7

Defence of privileges and immunity

Defence of privileges and immunity

1.   In cases where the privileges and immunities of a Member or former Member are alleged to have been breached by the authorities of a Member State, a request for a Parliament decision as to whether there has, in fact, been a breach of those privileges and immunities may be made in accordance with Rule 9(1).

1.   In cases where it is alleged that an infringement of the privileges and immunities of a Member or former Member by the authorities of a Member State has occurred or is about to occur , a request for a Parliament decision as to whether those privileges and immunities have been or are likely to be breached may be made in accordance with Rule 9(1).

2.   In particular, such a request for the defence of privileges and immunities may be made if it is considered that the circumstances constitute an administrative or other restriction on the free movement of Members travelling to or from the place of meeting of Parliament or on an opinion expressed or a vote cast in the performance of their duties, or that they fall within the scope of Article 9 of the Protocol on the Privileges and Immunities of the European Union.

2.   In particular, such a request for the defence of privileges and immunities may be made if it is considered that the circumstances would constitute an administrative or other restriction on the free movement of Members travelling to or from the place of meeting of Parliament or on an opinion expressed or a vote cast in the performance of their duties, or that they would fall within the scope of Article 9 of the Protocol on the Privileges and Immunities of the European Union.

3.   A request for the defence of the privileges and immunities of a Member shall not be admissible if a request for the waiver or defence of that Member’s immunity has already been received in respect of the same legal proceedings , whether or not a decision was taken at that time.

3.   A request for the defence of the privileges and immunities of a Member shall not be admissible if a request for the waiver or defence of that Member's immunity has already been received in respect of the same facts , whether or not a decision was taken at that time.

4.   No further consideration shall be given to a request for the defence of the privileges and immunities of a Member if a request for the waiver of that Member’s immunity is received in respect of the same legal proceedings .

4.   No further consideration shall be given to a request for the defence of the privileges and immunities of a Member if a request for the waiver of that Member's immunity is received in respect of the same facts .

5.   In cases where a decision has been taken not to defend the privileges and immunities of a Member, the Member may make a request for reconsideration of the decision, submitting new evidence. The request for reconsideration shall be inadmissible if proceedings have been instituted against the decision under Article 263 of the Treaty on the Functioning of the European Union, or if the President considers that the new evidence submitted is not sufficiently substantiated to warrant reconsideration.

5.   In cases where a decision has been taken not to defend the privileges and immunities of a Member, the Member may exceptionally make a request for reconsideration of the decision, by submitting new evidence in accordance with Rule 9(1) . The request for reconsideration shall be inadmissible if proceedings have been instituted against the decision under Article 263 of the Treaty on the Functioning of the European Union, or if the President considers that the new evidence submitted is not sufficiently substantiated to warrant reconsideration.

Amendment 7

Parliament's Rules of Procedure

Rule 9

Present text

Amendment

Rule 9

Rule 9

Procedures on immunity

Procedures on immunity

1.   Any request addressed to the President by a competent authority of a Member State that the immunity of a Member be waived, or by a Member or a former Member that privileges and immunities be defended, shall be announced in Parliament and referred to the committee responsible.

1.   Any request addressed to the President by a competent authority of a Member State that the immunity of a Member be waived, or by a Member or a former Member that privileges and immunities be defended, shall be announced in Parliament and referred to the committee responsible.

The Member or former Member may be represented by another Member . The request may not be made by another Member without the agreement of the Member concerned.

1a.     With the agreement of the Member or the former Member concerned, the request may be made by another Member , who shall be permitted to represent the Member or former Member concerned at all stages of the procedure.

 

The Member who represents the Member or the former Member concerned shall not be involved in the decisions taken by the committee .

2.   The committee shall consider without delay, but having regard to their relative complexity, requests for the waiver of immunity or requests for the defence of privileges and immunities.

2.   The committee shall consider without delay, but having regard to their relative complexity, requests for the waiver of immunity or requests for the defence of privileges and immunities.

3.   The committee shall make a proposal for a reasoned decision which recommends the adoption or rejection of the request for the waiver of immunity or for the defence of privileges and immunities.

3.   The committee shall make a proposal for a reasoned decision which recommends the adoption or rejection of the request for the waiver of immunity or for the defence of privileges and immunities. Amendments shall be inadmissible. If a proposal is rejected, the contrary decision shall be deemed to have been adopted.

4.   The committee may ask the authority concerned to provide any information or explanation which the committee deems necessary in order for it to form an opinion on whether immunity should be waived or defended.

4.   The committee may ask the authority concerned to provide any information or explanation which the committee deems necessary in order for it to form an opinion on whether immunity should be waived or defended.

5.   The Member concerned shall be given an opportunity to be heard, may present any documents or other written evidence deemed by that Member to be relevant and may be represented by another Member .

5.   The Member concerned shall be given an opportunity to be heard and may present any documents or other written evidence deemed by that Member to be relevant.

The Member shall not be present during debates on the request for waiver or defence of his or her immunity, except for the hearing itself.

The Member shall not be present during debates on the request for waiver or defence of his or her immunity, except for the hearing itself.

The chair of the committee shall invite the Member to be heard, indicating a date and time. The Member may renounce the right to be heard.

The chair of the committee shall invite the Member to be heard, indicating a date and time. The Member may renounce the right to be heard.

If the Member fails to attend the hearing pursuant to that invitation, he or she shall be deemed to have renounced the right to be heard, unless he or she has asked to be excused from being heard on the date and at the time proposed, giving reasons. The chair of the committee shall rule on whether such a request to be excused is to be accepted in view of the reasons given, and no appeals shall be permitted on this point.

If the Member fails to attend the hearing pursuant to that invitation, he or she shall be deemed to have renounced the right to be heard, unless he or she has asked to be excused from being heard on the date and at the time proposed, giving reasons. The chair of the committee shall rule on whether such a request to be excused is to be accepted in view of the reasons given, and no appeals shall be permitted on this point.

If the chair of the committee grants the request to be excused, he or she shall invite the Member to be heard at a new date and time. If the Member fails to comply with the second invitation to be heard, the procedure shall continue without the Member having been heard. No further requests to be excused, or to be heard, may then be accepted.

If the chair of the committee grants the request to be excused, he or she shall invite the Member to be heard at a new date and time. If the Member fails to comply with the second invitation to be heard, the procedure shall continue without the Member having been heard. No further requests to be excused, or to be heard, may then be accepted.

6.   Where the request seeks the waiver of immunity on several counts, each of these may be the subject of a separate decision. The committee's report may, exceptionally, propose that the waiver of immunity should apply solely to prosecution proceedings and that, until a final sentence is passed, the Member should be immune from any form of detention or remand or any other measure which prevents that Member from performing the duties proper to the mandate.

6.   Where the request seeks the waiver or the defence of immunity on several counts, each of these may be the subject of a separate decision. The committee's report may, exceptionally, propose that the waiver or the defence of immunity should apply solely to prosecution proceedings and that, until a final sentence is passed, the Member should be immune from any form of detention or remand or any other measure which prevents that Member from performing the duties proper to the mandate.

7.   The committee may offer a reasoned opinion as to the competence of the authority in question and the admissibility of the request, but shall not, under any circumstances, pronounce on the guilt or otherwise of the Member nor on whether or not the opinions or acts attributed to him or her justify prosecution, even if, in considering the request, it acquires detailed knowledge of the facts of the case.

7.   The committee may offer a reasoned opinion as to the competence of the authority in question and the admissibility of the request, but shall not, under any circumstances, pronounce on the guilt or otherwise of the Member nor on whether or not the opinions or acts attributed to him or her justify prosecution, even if, in considering the request, it acquires detailed knowledge of the facts of the case.

8.   The committee's report shall be placed at the head of the agenda of the first sitting following the day on which it was tabled. No amendments may be tabled to the proposal(s) for a decision .

8.   The committee's proposal for a decision shall be placed on the agenda of the first sitting following the day on which it was tabled. No amendments may be tabled to such a proposal.

Discussion shall be confined to the reasons for and against each proposal to waive or uphold immunity, or to defend a privilege or immunity.

Discussion shall be confined to the reasons for and against each proposal to waive or uphold immunity, or to defend a privilege or immunity.

Without prejudice to Rule 164, the Member whose privileges or immunities are under consideration shall not speak in the debate.

Without prejudice to Rule 164, the Member whose privileges or immunities are under consideration shall not speak in the debate.

The proposal(s) for a decision contained in the report shall be put to the vote at the first voting time following the debate.

The proposal(s) for a decision contained in the report shall be put to the vote at the first voting time following the debate.

After Parliament has considered the matter, a separate vote shall be taken on each of the proposals contained in the report. If a proposal is rejected, the contrary decision shall be deemed adopted.

After Parliament has considered the matter, a separate vote shall be taken on each of the proposals contained in the report. If a proposal is rejected, the contrary decision shall be deemed adopted.

9.   The President shall immediately communicate Parliament's decision to the Member concerned and to the competent authority of the Member State concerned, with a request that the President be informed of any developments in the relevant proceedings and of any judicial rulings made as a consequence. When the President receives this information, he shall transmit it to Parliament in the way he considers most appropriate, if necessary after consulting the committee responsible.

9.   The President shall immediately communicate Parliament's decision to the Member concerned and to the competent authority of the Member State concerned, with a request that the President be informed of any developments in the relevant proceedings and of any judicial rulings made as a consequence. When the President receives this information, he shall transmit it to Parliament in the way he considers most appropriate, if necessary after consulting the committee responsible.

10.   The committee shall treat these matters and handle any documents received with the utmost confidentiality.

10.   The committee shall treat these matters and handle any documents received with the utmost confidentiality. The committee shall always consider requests relating to procedures on immunity in camera.

11.    The committee, after consulting the Member States, may draw up an indicative list of the authorities of the Member States which are competent to present a request for the waiver of a Member's immunity.

11.    Parliament shall only examine requests for the waiver of a Member's immunity that have been transmitted to it by the judicial authorities or by the Permanent Representations of the Member States .

12.   The committee shall lay down principles for the application of this Rule.

12.   The committee shall lay down principles for the application of this Rule.

13.   Any inquiry as to the scope of Members' privileges or immunities made by a competent authority shall be dealt with in accordance with the above rules.

13.   Any inquiry as to the scope of Members' privileges or immunities made by a competent authority shall be dealt with in accordance with the above rules.

Amendment 8

Parliament's Rules of Procedure

Rule 10

Present text

Amendment

Rule 10

deleted

Implementation of the Statute for Members

 

Parliament shall adopt the Statute for Members of the European Parliament and any modification thereof on the basis of a proposal by the committee responsible. Rule 150(1) shall apply mutatis mutandis. The Bureau shall be responsible for the application of these rules and shall decide on the financial envelopes on the basis of the annual budget.

 

Amendments 9 and 314

Parliament's Rules of Procedure

Rule 11

Present text

Amendment

Rule 11

Rule 11

Members' financial interests, standards of conduct , mandatory transparency register and access to Parliament

Members' financial interests and standards of conduct

1.   Parliament shall lay down rules governing the transparency of its Members’ financial interests in the form of a Code of Conduct which shall be adopted by a majority of its component Members , in accordance with Article 232 of the Treaty on the Functioning of the European Union, and attached to these Rules of Procedure as an annex (1) .

1.   Parliament shall lay down rules governing the transparency of its Members' financial interests in the form of a Code of Conduct which shall be adopted by a majority of its component Members and attached to these Rules of Procedure as an annex (1) .

Those rules shall not in any way prejudice or restrict Members in the exercise of their office or of any related political or other activity.

Those rules shall not otherwise prejudice or restrict Members in the exercise of their office or of any related political or other activity.

 

1a.     Members should adopt the systematic practice of only meeting interest representatives that have registered in the Transparency Register  (1a) .

2.   Members’ conduct shall be characterised by mutual respect, be based on the values and principles laid down in the basic texts on which the European Union is founded, respect the dignity of Parliament and not compromise the smooth conduct of parliamentary business or disturb the peace and quiet of any of Parliament's premises. Members shall comply with Parliament's rules on the treatment of confidential information.

2.   Members’ conduct shall be characterised by mutual respect, be based on the values and principles laid down in the Treaties, and particularly in the Charter of Fundamental Rights, and respect the dignity of Parliament . Furthermore, it shall not compromise the smooth conduct of parliamentary business , the maintenance of security and order on Parliament's premises or the functioning of Parliament's equipment .

 

Members shall not resort to defamatory, racist or xenophobic language or behaviour in parliamentary debates, nor in that context shall they unfurl banners.

 

Members shall comply with Parliament's rules on the treatment of confidential information.

Failure to comply with those standards and rules may lead to application of measures in accordance with Rules 165, 166 and 167.

Failure to comply with those standards and rules may lead to application of measures in accordance with Rules 165, 166 and 167.

3.   The application of this Rule shall in no way detract from the liveliness of parliamentary debates nor undermine Members’ freedom of speech.

3.   The application of this Rule shall not otherwise detract from the liveliness of parliamentary debates nor undermine Members' freedom of speech.

It shall be based on full respect for Members’ prerogatives, as laid down in primary law and the Statute for Members.

It shall be based on full respect for Members’ prerogatives, as laid down in primary law and the Statute for Members.

It shall be based on the principle of transparency and be so undertaken that the relevant provisions are made clear to Members, who shall be informed individually of their rights and obligations.

It shall be based on the principle of transparency and be so undertaken that the relevant provisions are made clear to Members, who shall be informed individually of their rights and obligations.

 

3a.     Where a person employed by a Member, or another person for whom the Member has arranged access to Parliament's premises or equipment, fails to comply with the standards of conduct set out in paragraph 2, the penalties defined in Rule 166 may, where appropriate, be imposed upon the Member concerned.

4.    At the beginning of each parliamentary term the Quaestors shall determine the maximum number of assistants who may be registered by each Member (accredited assistants) .

4.   The Quaestors shall determine the maximum number of assistants who may be registered by each Member.

5.     Long-term access badges shall be issued to persons from outside the Union institutions under the responsibility of the Quaestors. Such badges shall be valid for a maximum period of one year, which may be renewed. The rules governing the use of such badges shall be laid down by the Bureau.

 

Such badges may be issued to:

 

persons whose names appear in the transparency register  (2) or who represent or work for organisations whose names appear therein, although registration shall not confer an automatic right to such a badge;

 

persons who wish to enter Parliament’s premises frequently, but who do not fall within the scope of the agreement on the establishment of a transparency register  (3) ;

 

Members’ local assistants and persons assisting Members of the European Economic and Social Committee and the Committee of the Regions.

 

6.     Persons who sign the transparency register must, in the context of their relations with Parliament, respect:

 

the code of conduct annexed to the agreement  (4) ;

 

the procedures and other obligations laid down by the agreement; and

 

the provisions of this Rule and its implementing provisions.

 

7.     The Quaestors shall determine to what extent the code of conduct is applicable to persons who, whilst in possession of a long-term access badge, do not fall within the scope of the agreement.

 

8.     Badges shall be withdrawn by reasoned decision of the Quaestors in the following cases:

 

the holder has been struck off the transparency register, unless there are significant arguments against withdrawal;

 

the holder has been guilty of a serious breach of the obligations laid down in paragraph 6.

 

9.     The Bureau, acting on a proposal from the Secretary-General, shall lay down the measures needed to implement the transparency register, in accordance with the provisions of the agreement on the establishment of that register.

 

The provisions implementing paragraphs 5 to 8 shall be laid down in an annex  (5) .

 

10.   The code of conduct and the rights and privileges of former Members shall be laid down by a decision of the Bureau. No distinction shall be made in the treatment of former Members.

10.   The code of conduct and the rights and privileges of former Members shall be laid down by a decision of the Bureau. No distinction shall be made in the treatment of former Members.

Amendment 10

Parliament's Rules of Procedure

Rule 12

Present text

Amendment

Rule 12

Rule 12

Internal investigations conducted by the European Anti-Fraud Office (OLAF)

Internal investigations conducted by the European Anti-Fraud Office (OLAF)

The common rules laid down in the Interinstitutional Agreement of 25 May 1999 concerning internal investigations by the European Anti-Fraud Office (OLAF) comprising the measures needed to facilitate the smooth running of investigations conducted by the Office shall be applicable within Parliament, pursuant to the Parliament Decision annexed to these Rules of Procedure  (6).

The common rules laid down in the Interinstitutional Agreement of 25 May 1999 concerning internal investigations by the European Anti-Fraud Office (OLAF) comprising the measures needed to facilitate the smooth running of investigations conducted by the Office shall be applicable within Parliament, pursuant to Parliament Decision of 18 November 1999 concerning the terms and conditions for internal investigations in relation to the prevention of fraud, corruption and any illegal activity detrimental to the Communities’ interests .

Amendment 11

Parliament's Rules of Procedure

Rule 13

Present text

Amendment

Rule 13

Rule 13

Observers

Observers

1.   Where a Treaty on the accession of a State to the European Union has been signed, the President, after obtaining the agreement of the Conference of Presidents, may invite the parliament of the acceding State to appoint from among its own members a number of observers equal to the number of future seats in the European Parliament allocated to that State.

1.   Where a Treaty on the accession of a State to the European Union has been signed, the President, after obtaining the agreement of the Conference of Presidents, may invite the parliament of the acceding State to appoint from among its own members a number of observers equal to the number of future seats in the European Parliament allocated to that State.

2.   Those observers shall take part in the proceedings of Parliament pending the entry into force of the Treaty of Accession, and shall have a right to speak in committees and political groups. They shall not have the right to vote or to stand for election to positions in Parliament. Their participation shall not have any legal effect on Parliament's proceedings.

2.   Those observers shall take part in the proceedings of Parliament pending the entry into force of the Treaty of Accession, and shall have a right to speak in committees and political groups. They shall not have the right to vote or to stand for election to positions in Parliament , nor shall they represent the Parliament externally . Their participation shall not have any legal effect on Parliament's proceedings.

3.   Their treatment shall be assimilated to that of a Member of Parliament as regards the use of Parliament's facilities and the reimbursement of expenses incurred in their activities as observers.

3.   Their treatment shall be assimilated to that of a Member of Parliament as regards the use of Parliament's facilities and the reimbursement of travel and subsistence expenses incurred in their activities as observers.

Amendment 12

Parliament's Rules of Procedure

Rule 14

Present text

Amendment

Rule 14

Rule 14

Provisional Chair

Provisional Chair

1.   At the sitting provided for under Rule 146(2), and at any other sitting held for the purpose of electing the President and the Bureau, the outgoing President or, failing him or her, one of the outgoing Vice-Presidents in order of precedence or, in the absence of any of them, the Member having held office for the longest period shall take the chair until the President has been elected.

1.   At the sitting provided for under Rule 146(2), and at any other sitting held for the purpose of electing the President and the Bureau, the outgoing President or, failing him or her, one of the outgoing Vice-Presidents in order of precedence or, in the absence of any of them, the Member having held office for the longest period shall take the chair until the President has been elected.

2.   No business shall be transacted while a Member is provisionally in the chair by virtue of paragraph 1 unless it is concerned with the election of the President or the verification of credentials.

2.   No business shall be transacted while a Member is provisionally in the chair by virtue of paragraph 1 unless it concerns the election of the President or the verification of credentials in accordance with the second subparagraph of Rule 3(2). Any other matter relating to the verification of credentials raised when he or she is in the chair shall be referred to the committee responsible .

The Member who is provisionally in the chair by virtue of paragraph 1 exercises the powers of the President referred to in the second subparagraph of Rule 3(2). Any other matter relating to the verification of credentials that is raised when he or she is in the chair is referred to the committee responsible for the verification of credentials.

 

Amendments 13 and 383

Parliament's Rules of Procedure

Rule 15

Present text

Amendment

Rule 15

Rule 15

Nominations and general provisions

Nominations and general provisions

1.   The President , Vice-Presidents and Quaestors shall be elected by secret ballot, in accordance with Rule 182. Nominations shall be with consent . They may only be made by a political group or by at least 40 Members. However, if the number of nominations does not exceed the number of seats to be filled, the candidates may be elected by acclamation.

1.   The President, shall be elected by secret ballot, followed by the Vice-Presidents and the Quaestors, in accordance with Rule 182.

 

Nominations shall be with consent of the nominee, and may only be made by a political group or by at least 40 Members. New nominations may be handed in before each ballot.

 

If the number of nominations does not exceed the number of seats to be filled, the candidates shall be elected by acclamation , unless at least one-fifth of Parliament's component Members request a secret ballot.

 

In the event of a single ballot for more than one office holder, the ballot paper shall only be valid if more than half of the available votes have been cast .

If a Vice-President is to be replaced and there is only one candidate, he or she may be elected by acclamation. The President is empowered to decide, at his discretion, whether the election is to take place by acclamation or by a secret ballot. The candidate elected takes the place of his or her predecessor in the order of precedence.

 

2.    In the election of the President, Vice-Presidents and Quaestors, account should be taken of the need to ensure an overall fair representation of Member States and political views .

2.    When electing the President, Vice-Presidents and Quaestors, account should be taken of the need to ensure an overall fair representation of political views, as well as gender and geographical balance .

Amendment 14

Parliament's Rules of Procedure

Rule 16

Present text

Amendment

Rule 16

Rule 16

Election of President — opening address

Election of President — opening address

1.    The President shall be elected first. Nominations shall be handed before each ballot to the Member provisionally in the chair by virtue of Rule 14, who shall announce them to Parliament. If after three ballots no candidate has obtained an absolute majority of the votes cast, the fourth ballot shall be confined to the two Members who have obtained the highest number of votes in the third ballot. In the event of a tie the older candidate shall be declared elected.

1.    Nominations for President shall be handed to the Member provisionally in the chair by virtue of Rule 14, who shall announce them to Parliament. If after three ballots no candidate has obtained an absolute majority of the votes cast, the fourth ballot shall , by way of derogation from Rule 15(1), be confined to the two Members who have obtained the highest number of votes in the third ballot. In the event of a tie the older candidate shall be declared elected.

2.   As soon as the President has been elected, the Member who is provisionally in the chair by virtue of Rule 14 shall vacate the chair. Only the elected President may deliver an opening address.

2.   As soon as the President has been elected, the Member who is provisionally in the chair by virtue of Rule 14 shall vacate the chair. Only the elected President may deliver an opening address.

Amendment 15

Parliament's Rules of Procedure

Rule 17

Present text

Amendment

Rule 17

Rule 17

Election of Vice-Presidents

Election of Vice-Presidents

1.   The Vice-Presidents shall then be elected on a single ballot paper . Those who on the first ballot, up to the number of 14, secure an absolute majority of the votes cast shall be declared elected in order of the number of votes obtained. If the number of candidates elected is less than the number of seats to be filled, a second ballot shall be held under the same conditions to fill the remaining seats. Should a third ballot be necessary, a relative majority shall suffice for election to the remaining seats. In the event of a tie the oldest candidates shall be declared elected.

1.   The Vice-Presidents shall then be elected on a single ballot. Those who on the first ballot, up to the number of 14, secure an absolute majority of the votes cast shall be declared elected in order of the number of votes obtained. If the number of candidates elected is less than the number of seats to be filled, a second ballot shall be held under the same conditions to fill the remaining seats. Should a third ballot be necessary, a relative majority shall suffice for election to the remaining seats. In the event of a tie the oldest candidates shall be declared elected.

Although this Rule, unlike Rule 16(1), does not expressly provide for new nominations to be introduced between ballots during the election of Vice-Presidents, such action is permissible because Parliament, being a sovereign body, must be able to consider all possible candidates, especially since the absence of such an option might impede the smooth running of the election.

 

2.   Subject to the provisions of Rule 20(1), the Vice-Presidents shall take precedence in the order in which they were elected and, in the event of a tie, by age.

2.   Subject to the provisions of Rule 20(1), the Vice-Presidents shall take precedence in the order in which they were elected and, in the event of a tie, by age.

Where they are elected by acclamation, a secret ballot shall be held to determine the order of precedence.

Where they are elected by acclamation, a secret ballot shall be held to determine the order of precedence.

Amendment 16

Parliament's Rules of Procedure

Rule 18

Present text

Amendment

Rule 18

Rule 18

Election of Quaestors

Election of Quaestors

After the election of the Vice-Presidents, Parliament shall elect five Quaestors.

Parliament shall elect five Quaestors by the same procedure as that used for the election of the Vice-Presidents .

The Quaestors shall be elected by the same procedure as the Vice-Presidents.

 

Amendment 17

Parliament's Rules of Procedure

Rule 19

Present text

Amendment

Rule 19

Rule 19

Term of office of Officers

Term of office of Officers

1.   The term of office of the President, Vice-Presidents and Quaestors shall be two-and-a-half years.

1.   The term of office of the President, Vice-Presidents and Quaestors shall be two-and-a-half years.

When Members change political groups they shall retain, for the remainder of their two-and-a-half year term of office, any seat they hold in the Bureau or the College of Quaestors.

When Members change political groups they shall retain, for the remainder of their two-and-a-half year term of office, any seat they hold in the Bureau or as Quaestors.

2.   Should a vacancy for one of these positions occur before the expiry of this term of office, the Member elected shall serve only for the remaining period of his or her predecessor's term of office.

2.   Should a vacancy for one of these positions occur before the expiry of this term of office, the Member elected shall serve only for the remaining period of his or her predecessor's term of office.

Amendment 18

Parliament's Rules of Procedure

Rule 20

Present text

Amendment

Rule 20

Rule 20

Vacancies

Vacancies

1.   Should it be necessary for the President, a Vice-President or a Quaestor to be replaced, the successor shall be elected in accordance with the above rules.

1.   Should it be necessary for the President, a Vice-President or a Quaestor to be replaced, the successor shall be elected in accordance with the above rules.

A newly elected Vice-President shall take the place of his or her predecessor in the order of precedence.

A newly elected Vice-President shall take the place of his or her predecessor in the order of precedence.

2.    Should the President's seat become vacant, the first Vice-President shall act as President until a new President is elected.

2.    If the President's seat becomes vacant, a Vice-President , determined in accordance with the order of precedence, shall act as President until a new President is elected.

Amendment 19

Parliament's Rules of Procedure

Rule 22

Present text

Amendment

Rule 22

Rule 22

Duties of the President

Duties of the President

1.   The President shall direct all the activities of Parliament and its bodies under the conditions laid down in these Rules and shall enjoy all the powers necessary to preside over the proceedings of Parliament and to ensure that they are properly conducted.

1.   The President shall direct all the activities of Parliament and its bodies in accordance with these Rules and shall enjoy all the powers necessary to preside over the proceedings of Parliament and to ensure that they are properly conducted.

This provision can be interpreted as meaning that the powers conferred by it include the power to put an end to the excessive use of motions such as points of order, procedural motions, explanations of vote and requests for separate, split or roll-call votes where the President is convinced that these are manifestly intended to cause and will result in, a prolonged and serious obstruction of the procedures of the House or the rights of other Members.

 

The powers conferred by this provision include the power to put texts to the vote in an order other than that set out in the document to be voted on. By analogy with Rule 174(7), the President may seek the agreement of Parliament before doing so.

 

2.   The duties of the President shall be to open, suspend and close sittings; to rule on the admissibility of amendments , on questions to the Council and Commission, and on the conformity of reports with these Rules ; to ensure observance of these Rules, maintain order, call upon speakers, close debates, put matters to the vote and announce the results of votes; and to refer to committees any communications that concern them.

2.   The duties of the President shall be to open, suspend and close sittings; to rule on the admissibility of amendments and other texts put to the vote, as well as on the admissibility of parliamentary questions ; to ensure observance of these Rules, to maintain order, to call upon speakers, to close debates, to put matters to the vote and announce the results of votes; and to refer to committees any communications that concern them.

3.   The President may speak in a debate only to sum up or to call speakers to order. Should he wish to take part in a debate, he shall vacate the chair and shall not reoccupy it until the debate is over.

3.   The President may speak in a debate only to sum up or to call speakers to order. Should he wish to take part in a debate, he shall vacate the chair and shall not reoccupy it until the debate is over.

4.   Parliament shall be represented in international relations, on ceremonial occasions and in administrative, legal and financial matters by the President, who may delegate these powers.

4.   Parliament shall be represented in international relations, on ceremonial occasions and in administrative, legal and financial matters by the President, who may delegate these powers.

 

4a.     The President is responsible for the security and the inviolability of the premises of the European Parliament.

Amendment 20

Parliament's Rules of Procedure

Rule 23

Present text

Amendment

Rule 23

Rule 23

Duties of the Vice-Presidents

Duties of the Vice-Presidents

1.   If the President is absent or unable to discharge his duties, or if he wishes to take part in a debate pursuant to Rule 22(3), he shall be replaced by one of the Vice-Presidents in accordance with Rule 17(2).

1.   If the President is absent or unable to discharge his duties, or if he wishes to take part in a debate pursuant to Rule 22(3), he shall be replaced by one of the Vice-Presidents in accordance with Rule 17(2).

2.   The Vice-Presidents shall also carry out the duties conferred upon them under Rules 25, 27(3) and (5) and 71(3).

2.   The Vice-Presidents shall also carry out the duties conferred upon them under Rules 25, 27(3) and (5) and 71(3).

3.   The President may delegate to the Vice-Presidents any duties such as representing Parliament at specific ceremonies or acts. In particular, the President may designate a Vice-President to take charge of the responsibilities conferred on the President in Rule 130(2) and paragraph 3 of Annex II.

3.   The President may delegate to the Vice-Presidents any duties such as representing Parliament at specific ceremonies or acts. In particular, the President may designate a Vice-President to take charge of the responsibilities conferred on the President in Rules 129 and 130(2).

Amendment 21

Parliament's Rules of Procedure

Rule 25

Present text

Amendment

Rule 25

Rule 25

Duties of the Bureau

Duties of the Bureau

1.   The Bureau shall carry out the duties assigned to it under the Rules of Procedure.

1.   The Bureau shall carry out the duties assigned to it under the Rules of Procedure.

2.   The Bureau shall take financial, organisational and administrative decisions on matters concerning the internal organisation of Parliament, its Secretariat and its bodies.

2.   The Bureau shall take financial, organisational and administrative decisions on matters concerning the internal organisation of Parliament, its Secretariat and its bodies.

3.   The Bureau shall take financial, organisational and administrative decisions on matters concerning Members on a proposal of the Secretary-General or of a political group.

3.   The Bureau shall take financial, organisational and administrative decisions on matters concerning Members on a proposal of the Secretary-General or of a political group.

4.   The Bureau shall take decisions on matters relating to the conduct of sittings.

4.   The Bureau shall take decisions on matters relating to the conduct of sittings.

The term ‘conduct of sittings’ includes the matter of the conduct of Members within all of Parliament's premises.

 

5.   The Bureau shall adopt the provisions referred to in Rule 35 concerning non-attached Members.

5.   The Bureau shall adopt the provisions referred to in Rule 35 concerning non-attached Members.

6.   The Bureau shall decide the establishment plan of the Secretariat and lay down regulations concerning the administrative and financial situation of officials and other servants.

6.   The Bureau shall decide the establishment plan of the Secretariat and lay down regulations concerning the administrative and financial situation of officials and other servants.

7.   The Bureau shall draw up Parliament's preliminary draft budget estimates.

7.   The Bureau shall draw up Parliament's preliminary draft budget estimates.

8.   The Bureau shall adopt the guidelines for the Quaestors in accordance with Rule 28 .

8.   The Bureau shall adopt the guidelines for the Quaestors and may request that they carry out certain tasks .

9.   The Bureau shall be the authority responsible for authorising meetings of committees away from the usual places of work, hearings and study and fact-finding journeys by rapporteurs.

9.   The Bureau shall be the authority responsible for authorising meetings or missions of committees away from the usual places of work, hearings as well as study and fact-finding journeys by rapporteurs.

Where such meetings are authorised, the language arrangements shall be determined on the basis of the official languages used and requested by the members and substitutes of the committee concerned .

Where such meetings or missions are authorised, the language arrangements shall be determined on the basis of the Code of Conduct on multilingualism adopted by the Bureau. The same rule shall also apply to delegations .

The same shall apply in the case of the delegations, except where the members and substitutes concerned agree otherwise.

 

10.   The Bureau shall appoint the Secretary-General in accordance with Rule 222.

10.   The Bureau shall appoint the Secretary-General in accordance with Rule 222.

11.   The Bureau shall lay down the implementing rules relating to Regulation (EC) No 2004/2003 of the European Parliament and of the Council on the regulations governing political parties at European level and the rules regarding their funding. In implementing that Regulation, it shall assume the tasks conferred upon it by these Rules of Procedure.

11.   The Bureau shall lay down the implementing rules relating to the regulations governing political parties and foundations at European level and the rules regarding their funding.

12.   The Bureau shall lay down rules concerning the treatment of confidential information by Parliament and its bodies, office-holders and other Members, taking into account any interinstitutional agreement concluded on such matters. Those rules shall be published in the Official Journal of the European Union and annexed to these Rules of Procedure  (7) .

12.   The Bureau shall lay down rules concerning the treatment of confidential information by Parliament and its bodies, office-holders and other Members, taking into account any interinstitutional agreement concluded on such matters. Those rules shall be published in the Official Journal of the European Union.

13.   The President and/or the Bureau may entrust one or more members of the Bureau with general or specific tasks lying within the competence of the President and/or the Bureau. At the same time the ways and means of carrying them out shall be laid down.

13.   The President and/or the Bureau may entrust one or more members of the Bureau with general or specific tasks lying within the competence of the President and/or the Bureau. At the same time the ways and means of carrying them out shall be laid down.

14.   The Bureau shall nominate two Vice-Presidents who shall be entrusted with the implementation of relations with national parliaments.

14.   The Bureau shall nominate two Vice-Presidents who shall be entrusted with the implementation of relations with national parliaments.

They shall report back regularly to the Conference of Presidents on their activities in this regard.

 

 

14a.     The Bureau shall nominate a Vice-President who shall be entrusted with the implementation of structured consultation with European civil society on major topics.

 

14b.     The Bureau shall be responsible for the application of the Statute for Members and shall decide on the amounts of the allowances on the basis of the annual budget.

15.     When a new Parliament is elected, the outgoing Bureau shall remain in office until the first sitting of the new Parliament.

 

 

Amendment 22

Parliament's Rules of Procedure

Rule 26

Present text

Amendment

Rule 26

Rule 26

Composition of the Conference of Presidents

Composition of the Conference of Presidents

1.   The Conference of Presidents shall consist of the President of Parliament and the Chairs of the political groups. The Chair of a political group may arrange to be represented by a member of that group.

1.   The Conference of Presidents shall consist of the President of Parliament and the Chairs of the political groups. The Chair of a political group may arrange to be represented by a member of that group.

2.   The President of Parliament shall invite one of the non-attached Members to attend meetings of the Conference of Presidents, without having the right to vote.

2.   The President of Parliament shall , after giving the opportunity to non-attached Members to express their views, invite one of them to attend meetings of the Conference of Presidents, without the right to vote.

3.   The Conference of Presidents shall endeavour to reach a consensus on matters referred to it.

3.   The Conference of Presidents shall endeavour to reach a consensus on matters referred to it.

Where a consensus cannot be reached, the matter shall be put to a vote subject to a weighting based on the number of Members in each political group.

Where a consensus cannot be reached, the matter shall be put to a vote subject to a weighting based on the number of Members in each political group.

Amendments 23 and 387

Parliament's Rules of Procedure

Rule 27

Present text

Amendment

Rule 27

Rule 27

Duties of the Conference of Presidents

Duties of the Conference of Presidents

1.   The Conference of Presidents shall carry out the duties assigned to it under these Rules of Procedure.

1.   The Conference of Presidents shall carry out the duties assigned to it under these Rules of Procedure.

2.   The Conference of Presidents shall take decisions on the organisation of Parliament's work and matters of legislative planning.

2.   The Conference of Presidents shall take decisions on the organisation of Parliament's work and matters of legislative planning.

3.   The Conference of Presidents shall be the authority responsible for matters concerning relations with the other institutions and bodies of the European Union and with the national parliaments of Member States.

3.   The Conference of Presidents shall be the authority responsible for matters concerning relations with the other institutions and bodies of the European Union and with the national parliaments of Member States. Decisions concerning the mandate and composition of the delegation from Parliament, that is to participate in consultations within the Council and in other European Union Institutions on fundamental issues concerning the development of the European Union (Sherpa process) shall be taken on the basis of relevant positions adopted by Parliament and taking into account the diversity of political views represented within Parliament. The Vice-Presidents who have been entrusted with the implementation of relations with national parliaments shall regularly report back to the Conference of Presidents on their activities in that regard..

4.   The Conference of Presidents shall be the authority responsible for matters concerning relations with non-member countries and with non-Union institutions and organisations.

4.   The Conference of Presidents shall be the authority responsible for matters concerning relations with non-member countries and with non-Union institutions and organisations.

5.   The Conference of Presidents shall be responsible for organising structured consultation with European civil society on major topics. This may include holding public debates, open to participation by interested citizens, on subjects of general European interest. The Bureau shall appoint a Vice-President responsible for the implementation of such consultations, who shall report back to the Conference of Presidents.

5.   The Conference of Presidents shall be responsible for organising structured consultation with European civil society on major topics. This may include holding public debates, open to participation by interested citizens, on subjects of general European interest. The Vice-President responsible for the implementation of such consultation shall regularly report back to the Conference of Presidents on his or her activities in that regard .

6.   The Conference of Presidents shall draw up the draft agenda of Parliament's part-sessions.

6.   The Conference of Presidents shall draw up the draft agenda of Parliament's part-sessions.

7.   The Conference of Presidents shall be the authority responsible for the composition and competence of committees, committees of inquiry, joint parliamentary committees, standing delegations and ad hoc delegations.

7.   The Conference of Presidents shall make proposals to Parliament concerning the composition and competence of committees, committees of inquiry, joint parliamentary committees and standing delegations . The Conference of Presidents shall be responsible for authorising ad hoc delegations.

8.   The Conference of Presidents shall decide how seats in the Chamber are to be allocated pursuant to Rule 36.

8.   The Conference of Presidents shall decide how seats in the Chamber are to be allocated pursuant to Rule 36.

9.   The Conference of Presidents shall be the authority responsible for authorising the drawing up of own-initiative reports.

9.   The Conference of Presidents shall be the authority responsible for authorising the drawing up of own-initiative reports.

10.   The Conference of Presidents shall submit proposals to the Bureau on administrative and budgetary matters concerning the political groups.

10.   The Conference of Presidents shall submit proposals to the Bureau on administrative and budgetary matters concerning the political groups.

Amendment 24

Parliament's Rules of Procedure

Rule 28

Present text

Amendment

Rule 28

Rule 28

Duties of the Quaestors

Duties of the Quaestors

The Quaestors shall be responsible for administrative and financial matters directly concerning Members, in accordance with guidelines laid down by the Bureau.

The Quaestors shall be responsible for administrative and financial matters directly concerning Members, in accordance with guidelines laid down by the Bureau , as well as for other tasks entrusted to them .

Amendment 25

Parliament's Rules of Procedure

Rule 29

Present text

Amendment

Rule 29

Rule 29

Conference of Committee Chairs

Conference of Committee Chairs

1.   The Conference of Committee Chairs shall consist of the Chairs of all standing or special committees. It shall elect its chair.

1.   The Conference of Committee Chairs shall consist of the Chairs of all standing or special committees. It shall elect its chair.

In the absence of the Chair, the meeting of the Conference shall be chaired by the oldest Member , or, in the absence of the latter, by the oldest Member present.

1a.    In the absence of the Chair, the meeting of the Conference shall be chaired by the oldest Member present.

2.   The Conference of Committee Chairs may make recommendations to the Conference of Presidents about the work of committees and the drafting of the agenda of part-sessions.

2.   The Conference of Committee Chairs may make recommendations to the Conference of Presidents about the work of committees and the drafting of the agenda of part-sessions.

3.   The Bureau and the Conference of Presidents may instruct the Conference of Committee Chairs to carry out specific tasks.

3.   The Bureau and the Conference of Presidents may instruct the Conference of Committee Chairs to carry out specific tasks.

Amendment 26

Parliament's Rules of Procedure

Rule 30

Present text

Amendment

Rule 30

Rule 30

Conference of Delegation Chairs

Conference of Delegation Chairs

1.   The Conference of Delegation Chairs shall consist of the Chairs of all standing interparliamentary delegations. It shall elect its chair.

1.   The Conference of Delegation Chairs shall consist of the Chairs of all standing interparliamentary delegations. It shall elect its chair.

In the absence of the Chair, the meeting of the Conference shall be chaired by the oldest Member , or, in the absence of the latter, by the oldest Member present.

1a.    In the absence of the Chair, the meeting of the Conference shall be chaired by the oldest Member present.

2.   The Conference of Delegation Chairs may make recommendations to the Conference of Presidents about the work of the delegations.

2.   The Conference of Delegation Chairs may make recommendations to the Conference of Presidents about the work of the delegations.

3.   The Bureau and the Conference of Presidents may instruct the Conference of Delegation Chairs to carry out specific tasks.

3.   The Bureau and the Conference of Presidents may instruct the Conference of Delegation Chairs to carry out specific tasks.

Amendment 27

Parliament's Rules of Procedure

Rule 30 a (new)

Present text

Amendment

 

Rule 30a

 

Continuity of an office during the election period

 

When a new Parliament is elected, all bodies and office holders of the outgoing Parliament shall continue to exercise their functions until the first sitting of the new Parliament.

Amendment 28

Parliament's Rules of Procedure

Rule 31

Present text

Amendment

Rule 31

Rule 31

Accountability of the Bureau and the Conference of Presidents

Accountability of the Bureau and the Conference of Presidents

1.   The minutes of the Bureau and the Conference of Presidents shall be translated into the official languages , printed and distributed to all Members of Parliament and shall be accessible to the public, unless the Bureau or the Conference of Presidents exceptionally, for reasons of confidentiality, as laid down in Article 4(1) to (4) of European Parliament and Council Regulation (EC) No 1049/2001, decides otherwise with regard to certain items of the minutes.

1.   The minutes of the Bureau and the Conference of Presidents shall be translated into the official languages and distributed to all Members of Parliament, and shall be accessible to the public, unless the Bureau or the Conference of Presidents exceptionally, for reasons of confidentiality, subject to Article 4(1) to (4) of European Parliament and Council Regulation (EC) No 1049/2001, decides otherwise with regard to certain items of the minutes.

2.   Any Member may ask questions concerning the work of the Bureau, the Conference of Presidents and the Quaestors. Such questions shall be submitted to the President in writing, notified to Members and published on Parliament's website within 30 days of tabling, together with the answers given.

2.   Any Member may ask questions concerning the performance by the Bureau, the Conference of Presidents and the Quaestors of their respective duties . Such questions shall be submitted to the President in writing, notified to Members and published on Parliament's website within 30 days of tabling, together with the answers given.

Amendment 29

Parliament's Rules of Procedure

Rule 32

Present text

Amendment

Rule 32

Rule 32

Formation of political groups

Establishment and dissolution of political groups

1.   Members may form themselves into groups according to their political affinities.

1.   Members may form themselves into groups according to their political affinities.

Parliament need not normally evaluate the political affinity of members of a group. In forming a group together under this Rule, the Members concerned accept by definition that they have political affinity. Only when this is denied by the Members concerned is it necessary for Parliament to evaluate whether the group has been constituted in accordance with the Rules.

Parliament need not normally evaluate the political affinity of members of a group. In forming a group together under this Rule, the Members concerned accept by definition that they have political affinity. Only when this is denied by the Members concerned is it necessary for Parliament to evaluate whether the group has been constituted in accordance with the Rules.

2.   A political group shall comprise Members elected in at least one-quarter of the Member States. The minimum number of Members required to form a political group shall be 25.

2.   A political group shall comprise Members elected in at least one-quarter of the Member States. The minimum number of Members required to form a political group shall be 25.

3.   If a group falls below the required threshold , the President, with the agreement of the Conference of Presidents, may allow it to continue to exist until Parliament's next constitutive sitting, provided the following conditions are met:

3.   If a group falls below one of the required thresholds , the President, with the agreement of the Conference of Presidents, may allow it to continue to exist until Parliament's next constitutive sitting, provided the following conditions are met:

the members continue to represent at least one-fifth of the Member States;

the members continue to represent at least one-fifth of the Member States;

the group has been in existence for a period longer than a year.

the group has been in existence for a period longer than a year.

The President shall not apply this derogation where there is sufficient evidence to suspect that it is being abused.

The President shall not apply this derogation where there is sufficient evidence to suspect that it is being abused.

4.   A Member may not belong to more than one political group.

4.   A Member may not belong to more than one political group.

5.   The President shall be notified in a statement when a political group is set up. This statement shall specify the name of the group and the names of its members and bureau members.

5.   The President shall be notified in a statement when a political group is set up. This statement shall specify the name of the group and the names of its members and bureau members. It shall be signed by all members of the group.

6.   The statement shall be published in the Official Journal of the European Union .

6.   The statement shall be annexed to the minutes of the part-session during which the announcement of the establishment of the political group is made .

 

6a.     The President shall announce the establishment of political groups in Parliament. Such announcement shall have retroactive legal effect from the moment when the group notified its establishment to the President in conformity with this Rule.

 

The President shall also announce the dissolution of political groups in Parliament. Such announcement will have legal effect on the day following the that on which the conditions for the political group’s existence were no longer met.

Amendments 30 and 461

Parliament's Rules of Procedure

Rule 33

Present text

Amendment

Rule 33

Rule 33

Activities and legal situation of the political groups

Activities and legal situation of the political groups

1.   The political groups shall carry out their duties as part of the activities of the Union, including the tasks allocated to them by these Rules of Procedure. The political groups shall be provided with a secretariat on the basis of the establishment plan of the Secretariat, with administrative facilities and with the appropriations entered for that purpose in Parliament's budget.

1.   The political groups shall carry out their duties as part of the activities of the Union, including the tasks allocated to them by these Rules of Procedure. The political groups shall be provided with a secretariat on the basis of the establishment plan of the Secretariat, with administrative facilities and with the appropriations entered for that purpose in Parliament's budget.

 

1a.     At the beginning of each parliamentary term, the Conference of Presidents shall endeavour to agree procedures for reflecting the political diversity of Parliament in the committees and delegations and the decision-making bodies.

2.   The Bureau shall lay down the rules relating to the provision, implementation and monitoring of those facilities and appropriations, as well as to the related delegations of budget implementation powers.

2.   The Bureau shall , having regard to any proposal made by the Conference of Presidents, lay down the rules relating to the provision, implementation and monitoring of those facilities and appropriations, as well as to the related delegations of budget implementation powers and the consequences of any failure to respect them .

3.   Those rules shall determine the administrative and financial consequences in the event of the dissolution of a political group.

3.   Those rules shall determine the administrative and financial consequences in the event of the dissolution of a political group.

Amendment 31

Parliament's Rules of Procedure

Rule 34

Present text

Amendment

Rule 34

Rule 34

Intergroups

Intergroups

1.   Individual Members may form Intergroups or other unofficial groupings of Members, to hold informal exchanges of views on specific issues across different political groups, drawing on members of different parliamentary committees, and to promote contact between Members and civil society.

1.   Individual Members may form Intergroups or other unofficial groupings of Members, to hold informal exchanges of views on specific issues across different political groups, drawing on members of different parliamentary committees, and to promote contact between Members and civil society.

2.   Such groupings may not engage in any activities which might result in confusion with the official activities of Parliament or of its bodies. Provided that the conditions laid down in the rules governing their establishment adopted by the Bureau are met, political groups may facilitate their activities by providing them with logistical support.

2.   Such groupings shall be fully transparent in their actions and may not engage in any activities which might result in confusion with the official activities of Parliament or of its bodies. Provided that the conditions laid down in the rules governing their establishment adopted by the Bureau are met, political groups may facilitate their activities by providing them with logistical support.

Such groupings shall be required to declare any support, whether in cash or in kind (e.g. secretarial assistance), which if offered to Members as individuals would have to be declared under Annex I.

3.     Intergroups shall be required to declare annually any support, whether in cash or in kind (e.g. secretarial assistance), which if offered to Members as individuals would have to be declared under Annex I.

The Quaestors shall keep a register of the declarations referred to in the second subparagraph . That register shall be published on the Parliament’s website. The Quaestors shall adopt detailed rules on those declarations.

4.    The Quaestors shall keep a register of the declarations referred to in paragraph 3 . That register shall be published on the Parliament’s website. The Quaestors shall adopt detailed rules on those declarations and shall ensure the effective enforcement of this Rule .

Amendment 32

Parliament's Rules of Procedure

Title II — title

Present text

Amendment

LEGISLATIVE, BUDGETARY AND OTHER PROCEDURES

LEGISLATIVE, BUDGETARY , DISCHARGE AND OTHER PROCEDURES

Amendment 33

Parliament's Rules of Procedure

Rule 37

Present text

Amendment

Rule 37

Rule 37

The Commission Work Programme

Annual programming

1.   Parliament shall work together with the Commission and the Council to determine the legislative planning of the European Union.

1.   Parliament shall work together with the Commission and the Council to determine the legislative planning of the European Union.

Parliament and the Commission shall cooperate in preparing the Commission Work Programme — which is the Commission’s contribution to the Union’s annual and multiannual programming — in accordance with the timetable and arrangements agreed between the two institutions and annexed to these Rules of Procedure  (8).

Parliament and the Commission shall cooperate in preparing the Commission Work Programme — which is the Commission’s contribution to the Union’s annual and multiannual programming — in accordance with the timetable and arrangements agreed between the two institutions (8).

 

1a.     After the adoption of the Commission Work Programme, the Parliament, the Council and the Commission will, pursuant to paragraph 7 of the Interinstitutional Agreement of 13 April 2016 on Better Law-Making  (8a) , exchange views and agree on a joint declaration on annual interinstitutional programming setting out broad objectives and priorities.

 

Before negotiating with the Council and the Commission on the joint declaration, the President shall hold an exchange of views with the Conference of Presidents and the Conference of Committee Chairs regarding Parliament's broad objectives and priorities.

 

Before signing the joint declaration, the President shall seek the approval of the Conference of Presidents.

2.     In urgent and unforeseen circumstances, an institution may, on its own initiative and in accordance with the procedures laid down in the Treaties, propose adding a legislative measure to those proposed in the Commission Work Programme.

 

3.   The President shall forward the resolution adopted by Parliament to the other institutions which participate in the European Union's legislative procedure and to the parliaments of the Member States.

3.   The President shall forward any resolution adopted by Parliament concerning legislative planning and priorities to the other institutions which participate in the European Union's legislative procedure and to the parliaments of the Member States.

The President shall ask the Council to express an opinion on the Commission Work Programme and on Parliament's resolution.

 

4.     Where an institution is unable to comply with the timetable laid down it is required to notify the other institutions as to the reasons for the delay and to propose a new timetable.

 

 

4a.     If the Commission intends to withdraw a proposal, the competent Commissioner shall be invited by the committee responsible to a meeting to discuss that intention. The Presidency of the Council may also be invited to such meeting. If the committee responsible disagrees with the intended withdrawal, it may request that the Commission make a statement to Parliament. Rule 123 shall apply.

Amendment 34

Parliament's Rules of Procedure

Rule 38

Present text

Amendment

Rule 38

Rule 38

Respect for the Charter of Fundamental Rights of the European Union

Respect for fundamental rights

1.   Parliament shall in all its activities fully respect fundamental rights as laid down in the Charter of Fundamental Rights of the European Union.

1.   Parliament shall in all its activities fully respect the rights , freedoms and principles recognised by Article 6 of the Treaty on European Union , and the values enshrined in Article 2 thereof .

Parliament shall also fully respect the rights and principles enshrined in Article 2 and in Article 6(2) and (3) of the Treaty on European Union.

 

2.   Where the committee responsible for the subject matter, a political group or at least 40 Members are of the opinion that a proposal for a legislative act or parts of it do not comply with rights enshrined in the Charter of Fundamental Rights of the European Union, the matter shall, at their request, be referred to the committee responsible for the interpretation of the Charter. The opinion of that committee shall be annexed to the report of the committee responsible for the subject-matter .

2.   Where the committee responsible for the subject matter, a political group or at least 40 Members are of the opinion that a proposal for a legislative act or parts of it do not comply with the fundamental rights of the European Union, the matter shall, at their request, be referred to the committee responsible for the protection of fundamental rights .

 

2a.     That request shall be submitted within four working weeks of the announcement in Parliament of referral to committee.

 

2b.     The opinion of the committee responsible for the protection of fundamental rights shall be annexed to the report of the committee responsible for the subject-matter.

Amendment 36

Parliament's Rules of Procedure

Rule 39

Present text

Amendment

Rule 39

Rule 39

Verification of legal basis

Verification of legal basis

1.   In the case of all proposals for legislative acts and other documents of a legislative nature , the committee responsible for the subject-matter shall first verify the legal basis.

1.   In the case of all proposals for legally binding acts , the committee responsible for the subject-matter shall first verify the legal basis.

2.   If that committee disputes the validity or the appropriateness of the legal basis, including in the context of the verification under Article 5 of the Treaty on European Union, it shall request the opinion of the committee responsible for legal affairs.

2.   If that committee disputes the validity or the appropriateness of the legal basis, including in the context of the verification under Article 5 of the Treaty on European Union, it shall request the opinion of the committee responsible for legal affairs.

3.   The committee responsible for legal affairs may also on its own initiative take up questions concerning the legal basis of the proposals for legislative acts . In such cases it shall duly inform the committee responsible for the subject-matter.

3.   The committee responsible for legal affairs may also on its own initiative take up questions concerning the legal basis at any stage of the legislative procedure . In such cases it shall duly inform the committee responsible for the subject-matter.

4.    If the committee responsible for legal affairs decides to dispute the validity or the appropriateness of the legal basis, it shall report its conclusions to Parliament. Parliament shall vote on this before voting on the substance of the proposal.

4.    Where appropriate, after the exchange of views with the Council and the Commission in accordance with the arrangements agreed at interinstitutional level  (1a) , if the committee responsible for legal affairs decides to dispute the validity or the appropriateness of the legal basis, it shall report its conclusions to Parliament. Without prejudice to Rule 63, Parliament shall vote on this before voting on the substance of the proposal.

5.   Amendments tabled in Parliament to change the legal basis of a proposal for a legislative act without the committee responsible for the subject-matter or the committee responsible for legal affairs having disputed the validity or appropriateness of the legal basis shall be inadmissible.

5.   Amendments tabled in Parliament to change the legal basis without the committee responsible for the subject-matter or the committee responsible for legal affairs having disputed the validity or appropriateness of the legal basis shall be inadmissible.

6.     If the Commission does not agree to modify its proposal to conform to the legal basis approved by Parliament, the rapporteur or the Chair of the committee responsible for legal affairs or of the committee responsible for the subject-matter may propose that the vote on the substance of the proposal be postponed to a subsequent sitting.

 

 

Amendment 37

Parliament's Rules of Procedure

Rule 40

Present text

Amendment

Rule 40

Rule 40

Delegation of legislative powers

Delegation of legislative powers and conferral of implementing powers

1.   When scrutinising a proposal for a legislative act which delegates powers to the Commission as provided for in Article 290 of the Treaty on the Functioning of the European Union, Parliament shall pay particular attention to the objectives, content, scope and duration of the delegation, and to the conditions to which it is subject.

1.   When scrutinising a proposal for a legislative act which delegates powers to the Commission as provided for in Article 290 of the Treaty on the Functioning of the European Union, Parliament shall pay particular attention to the objectives, content, scope and duration of the delegation, and to the conditions to which it is subject.

 

1a.     When scrutinising a proposal for a legislative act which confers implementing powers pursuant to Article 291 of the Treaty on the Functioning of the European Union, Parliament shall pay particular attention to the fact that in exercising an implementing power, the Commission may neither amend nor supplement the legislative act, even as to its non-essential elements.

2.   The committee responsible for the subject-matter may at any time request the opinion of the committee responsible for the interpretation and application of Union law.

2.   The committee responsible for the subject-matter may at any time request the opinion of the committee responsible for the interpretation and application of Union law.

3.   The committee responsible for the interpretation and application of Union law may also, on its own initiative, take up questions concerning the delegation of legislative powers. In such cases it shall duly inform the committee responsible for the subject-matter.

3.   The committee responsible for the interpretation and application of Union law may also, on its own initiative, take up questions concerning the delegation of legislative powers and the conferral of implementing powers . In such cases it shall duly inform the committee responsible for the subject-matter.

Amendment 38

Parliament's Rules of Procedure

Rule 41

Present text

Amendment

Rule 41

Rule 41

Verification of financial compatibility

Verification of financial compatibility

1.   Where a proposal for a  legislative act has financial implications, Parliament shall establish whether sufficient financial resources are provided.

1.   Where a proposal for a  legally binding act has financial implications, Parliament shall establish whether sufficient financial resources are provided.

2.    Without prejudice to Rule 47, the committee responsible for the subject-matter shall verify the financial compatibility of any proposal for a  legislative act, or any other document of a legislative nature, with the multiannual financial framework.

2.   The committee responsible for the subject-matter shall verify that any proposal for a  legally binding act is financially compatible with the multiannual financial framework regulation .

3.   When the committee responsible for the subject-matter amends the financial endowment of the act it is considering, it shall request the opinion of the committee responsible for budgetary issues.

3.   When the committee responsible for the subject-matter amends the financial endowment of the act it is considering, it shall request the opinion of the committee responsible for budgetary issues.

4.   The committee responsible for budgetary issues may also on its own initiative take up questions concerning the financial compatibility of proposals for legislative acts. In such cases it shall duly inform the committee responsible for the subject-matter.

4.   The committee responsible for budgetary issues may also on its own initiative take up questions concerning the financial compatibility of proposals for legally binding acts. In such cases it shall duly inform the committee responsible for the subject-matter.

5.   If the committee responsible for budgetary issues decides to dispute the financial compatibility of the proposal, it shall report its conclusions to Parliament which shall put them to the vote .

5.   If the committee responsible for budgetary issues decides to dispute the financial compatibility of the proposal, it shall report its conclusions to Parliament before Parliament votes on the proposal .

6.     An act declared incompatible may be adopted by Parliament subject to the decisions of the Budgetary Authority.

 

Amendment 39

Parliament's Rules of Procedure

Rule 42

Present text

Amendment

Rule 42

Rule 42

Examination of respect for the principle of subsidiarity

Examination of respect for the principles of subsidiarity and proportionality

1.   During the examination of a proposal for a legislative act, Parliament shall pay particular attention to respect for the principles of subsidiarity and proportionality.

1.   During the examination of a proposal for a legislative act, Parliament shall pay particular attention to respect for the principles of subsidiarity and proportionality.

2.   The committee responsible for respect of the principle of subsidiarity may decide to make recommendations for the attention of the committee responsible for the subject-matter in respect of any proposal for a legislative act.

2.    Only the committee responsible for respect of the principle of subsidiarity may decide to make recommendations for the attention of the committee responsible for the subject-matter in respect of a proposal for a legislative act.

3.     If a national parliament sends the President a reasoned opinion in accordance with Article 3 of the Protocol on the role of national parliaments in the European Union and Article 6 of the Protocol on the application of the principles of subsidiarity and proportionality, that document shall be referred to the committee responsible for the subject-matter and forwarded for information to the committee responsible for respect of the principle of subsidiarity.

 

4.   Except in the cases of urgency referred to in Article 4 of the Protocol on the role of national parliaments in the European Union, the committee responsible for the subject-matter shall not proceed to its final vote before the expiry of the deadline of eight weeks laid down in Article 6 of the Protocol on the application of the principles of subsidiarity and proportionality.

4.   Except in the cases of urgency referred to in Article 4 of Protocol No 1 on the role of national parliaments in the European Union, the committee responsible for the subject-matter shall not proceed to its final vote before the expiry of the deadline of eight weeks laid down in Article 6 of Protocol No 2 on the application of the principles of subsidiarity and proportionality.

 

4a.     If a national parliament sends the President a reasoned opinion in accordance with Article 3 of the Protocol on the role of national parliaments in the European Union, that document shall be referred to the committee responsible for the subject-matter and forwarded, for information, to the committee responsible for respect of the principle of subsidiarity.

5.   Where reasoned opinions on the non-compliance of a proposal for a legislative act with the principle of subsidiarity represent at least one third of all the votes allocated to the national parliaments or a quarter in the case of a proposal for a legislative act submitted on the basis of Article 76 of the Treaty on the Functioning of the European Union, Parliament shall not take a decision until the author of the proposal has stated how it intends to proceed.

5.   Where reasoned opinions on the non-compliance of a proposal for a legislative act with the principle of subsidiarity represent at least one third of all the votes allocated to the national parliaments or a quarter in the case of a proposal for a legislative act submitted on the basis of Article 76 of the Treaty on the Functioning of the European Union, Parliament shall not take a decision until the author of the proposal has stated how it intends to proceed.

6.   Where, under the ordinary legislative procedure, reasoned opinions on the non-compliance of a proposal for a legislative act with the principle of subsidiarity represent at least a simple majority of the votes allocated to the national parliaments, the committee responsible for the subject-matter, having considered the reasoned opinions submitted by the national parliaments and the Commission, and having heard the views of the committee responsible for respect of the principle of subsidiarity, may recommend to Parliament that it reject the proposal on the grounds of infringement of the principle of subsidiarity or submit to Parliament any other recommendation, which may include suggestions for amendments related to respect of the principle of subsidiarity. The opinion given by the committee responsible for respect of the principle of subsidiarity shall be annexed to any such recommendation.

6.   Where, under the ordinary legislative procedure, reasoned opinions on the non-compliance of a proposal for a legislative act with the principle of subsidiarity represent at least a simple majority of the votes allocated to the national parliaments, the committee responsible for the subject-matter, having considered the reasoned opinions submitted by the national parliaments and the Commission, and having heard the views of the committee responsible for respect of the principle of subsidiarity, may recommend to Parliament that it reject the proposal on the grounds of infringement of the principle of subsidiarity or submit to Parliament any other recommendation, which may include suggestions for amendments related to respect of the principle of subsidiarity. The opinion given by the committee responsible for respect of the principle of subsidiarity shall be annexed to any such recommendation.

The recommendation shall be submitted to Parliament for a debate and vote. If a recommendation to reject the proposal is adopted by a majority of the votes cast, the President shall declare the procedure closed. Where Parliament does not reject the proposal, the procedure shall continue, taking into account any recommendations approved by Parliament.

The recommendation shall be submitted to Parliament for a debate and vote. If a recommendation to reject the proposal is adopted by a majority of the votes cast, the President shall declare the procedure closed. Where Parliament does not reject the proposal, the procedure shall continue, taking into account any recommendations approved by Parliament.

Amendment 40

Parliament's Rules of Procedure

Rule 44

Present text

Amendment

Rule 44

Rule 44

Representation of Parliament in Council meetings

Representation of Parliament in Council meetings

When the Council invites Parliament to take part in a Council meeting in which the Council acts in a legislative capacity , the President shall ask the Chair or rapporteur of the committee responsible, or another Member designated by the committee, to represent Parliament.

When the Council invites Parliament to take part in a Council meeting, the President shall ask the Chair or rapporteur of the committee responsible for the subject matter , or another Member designated by the committee, to represent Parliament.

Amendment 41

Parliament's Rules of Procedure

Rule 45

Present text

Amendment

Rule 45

Rule 45

Rights of initiative conferred on Parliament by the Treaties

Right of Parliament to submit proposals

In cases where the Treaties confer a right of initiative on Parliament, the committee responsible may decide to draw up an own-initiative report.

In cases where the Treaties confer a right of initiative on Parliament, the committee responsible may decide to draw up an own-initiative report in accordance with Rule 52 .

The report shall comprise:

The report shall comprise:

(a)

a motion for a resolution;

(a)

a motion for a resolution;

(b)

where appropriate, a draft decision or a draft proposal;

(b)

a draft proposal;

(c)

an explanatory statement including, where appropriate, a financial statement.

(c)

an explanatory statement including, where appropriate, a financial statement.

Where the adoption of an act by Parliament requires the approval or the consent of the Council and the opinion or the consent of the Commission, Parliament may, following the vote on the proposed act, and on a proposal by the rapporteur, decide to postpone the vote on the motion for a resolution until the Council or the Commission have stated their position.

Where the adoption of an act by Parliament requires the approval or the consent of the Council and the opinion or the consent of the Commission, Parliament may, following the vote on the proposed act, and on a proposal by the rapporteur, decide to postpone the vote on the motion for a resolution until the Council or the Commission have stated their position.

Amendment 42

Parliament's Rules of Procedure

Rule 46

Present text

Amendment

Rule 46

Rule 46

Initiative pursuant to Article 225 of the Treaty on the Functioning of the European Union

Requests to the Commission for submission of proposals

1.   Parliament may request the Commission, pursuant to Article 225 of the Treaty on the Functioning of the European Union, to submit to it any appropriate proposal for the adoption of a new act or the amendment of an existing act, by adopting a resolution on the basis of an own-initiative report drawn up by the committee responsible in accordance with Rule 52. The resolution shall be adopted by a majority of the component Members of Parliament in the final vote. Parliament may, at the same time, set a deadline for the submission of such a proposal.

1.   Parliament may request the Commission, pursuant to Article 225 of the Treaty on the Functioning of the European Union, to submit to it any appropriate proposal for the adoption of a new act or the amendment of an existing act, by adopting a resolution on the basis of an own-initiative report drawn up by the committee responsible in accordance with Rule 52. The resolution shall be adopted by a majority of the component Members of Parliament in the final vote. Parliament may, at the same time, set a deadline for the submission of such a proposal.

2.   Any Member may table a proposal for a Union act on the basis of the right of initiative granted to Parliament under Article 225 of the Treaty on the Functioning of the European Union.

2.   Any Member may table a proposal for a Union act on the basis of the right of initiative granted to Parliament under Article 225 of the Treaty on the Functioning of the European Union.

Such a proposal may be tabled together by up to 10 Members. The proposal shall indicate its legal basis and may be accompanied by an explanatory statement of no more than 150 words.

Such a proposal may be tabled jointly by up to 10 Members. The proposal shall indicate the legal basis on which it is made and may be accompanied by an explanatory statement of no more than 150 words.

 

The proposal shall be submitted to the President, who shall verify whether the legal requirements are fulfilled. He may refer the proposal for an opinion on the appropriateness of the legal basis to the committee responsible for such verification. If the President declares the proposal admissible, he or she shall announce it in plenary and refer it to the committee responsible.

 

Before such referral to the committee responsible, the proposal shall be translated into those official languages which the Chair of that committee considers necessary in order to make summary consideration possible.

 

The committee responsible shall take a decision on further action within three months of the referral, after giving the authors of the proposal the opportunity to address the committee.

 

The authors of the proposal shall be named in the title of the report.

3.     The proposal shall be submitted to the President, who shall verify whether the legal requirements are fulfilled. He may refer the proposal for an opinion on the appropriateness of the legal basis to the committee responsible for such verification. If the President declares the proposal admissible, he shall announce it in plenary and refer it to the committee responsible.

 

Before such referral to the committee responsible, the proposal shall be translated into those official languages which the Chair of that committee considers necessary in order to make summary consideration possible.

 

The committee may recommend to the President that the proposal be opened for signature by any Member, subject to the modalities and deadlines set out in Rule 136(2), 136(3) and 136(7).

 

Where such a proposal is signed by a majority of Parliament's component Members, the report on the proposal shall be deemed to be authorised by the Conference of Presidents. The committee shall draw up a report in accordance with Rule 52, after having heard the authors of the proposal.

 

Where a proposal is not opened for additional signatures or is not signed by a majority of Parliament's component Members, the committee responsible shall take a decision on further action within three months of the referral, and after having heard the authors of the proposal.

 

The authors of the proposal shall be named in the title of the report.

 

4.   Parliament's resolution shall indicate the appropriate legal basis and be accompanied by detailed recommendations as to the content of the required proposals , which shall respect fundamental rights and the principle of subsidiarity .

4.   Parliament's resolution shall indicate the appropriate legal basis and be accompanied by recommendations as to the content of the required proposals.

5.   Where a proposal has financial implications, Parliament shall indicate how sufficient financial resources can be provided.

5.   Where a proposal has financial implications, Parliament shall indicate how sufficient financial resources can be provided.

6.   The committee responsible shall monitor the progress of preparation of any proposed legislative act drawn up following a particular request by Parliament.

6.   The committee responsible shall monitor the progress of preparation of any proposed Union legal act drawn up following a particular request by Parliament.

 

6a.     The Conference of Committee Chairs shall regularly monitor whether the Commission is complying with paragraph 10 of the Interinstitutional Agreement on Better Law-Making, according to which the Commission is to reply to requests for submission of proposals within three months by adopting a specific communication stating the intended follow-up actions to be taken. It shall regularly report on the results of such monitoring to the Conference of Presidents.

Amendment 43

Parliament's Rules of Procedure

Rule 47

Present text

Amendment

Rule 47

Rule 47

Consideration of legislative documents

Consideration of legally binding acts

1.   Proposals for legislative acts and other documents of a legislative nature shall be referred by the President to the committee responsible for consideration.

1.   Proposals for legally binding acts received from other institutions or Member States shall be referred by the President to the committee responsible, for its consideration.

In cases of doubt the President may apply Rule 201(2) before the announcement in Parliament of referral to the committee responsible.

 

In cases where a proposal is listed in the Commission Work Programme the committee responsible may decide to appoint a rapporteur to follow the preparatory phase of the proposal.

 

Consultations by the Council or requests from the Commission for an opinion shall be forwarded by the President to the committee responsible for consideration of the proposal concerned.

 

The provisions for the first reading as set out in Rules 38 to 46, 57 to 63 and 75 shall apply to proposals for legislative acts whether they require one, two or three readings.

 

 

1a.     In cases of doubt, the President may, before the announcement in Parliament of a referral to the committee responsible, submit a question concerning competence to the Conference of Presidents. The Conference of Presidents shall adopt its decision on the basis of a recommendation from the Conference of Committee Chairs, or the latter’s Chair, in accordance with Rule 201a(2) .

 

1b.     The committee responsible may, at any time, decide to appoint a rapporteur to follow the preparatory phase of a proposal. It shall give particular consideration to doing so where the proposal is listed in the Commission Work Programme.

2.    Council positions shall be referred for consideration to the committee responsible at the first reading.

 

The provisions for the second reading as set out in Rules 64 to 69 and 76 shall apply to Council positions.

 

3.    During the conciliation procedure between Parliament and the Council following the second reading, no referral back to committee shall take place.

 

The provisions for the third reading as set out in Rules 70, 71 and 72 shall apply to the conciliation procedure.

 

4.    Rules 49, 50, 53, 59(1) and (3), 60, 61 and 188 shall not apply during the second and third readings.

 

5.   In the event of a conflict between a provision of the Rules of Procedure relating to the second and third readings and any other provision of the Rules, the provision relating to the second and third readings shall take precedence.

5.   In the event of a conflict between a provision of the Rules of Procedure relating to the second and third readings and any other provision of the Rules, the provision relating to the second and third readings shall take precedence.

Amendment 44

Parliament's Rules of Procedure

Rule 47 a (new)

Present text

Amendment

 

Rule 47a

 

Acceleration of legislative procedures

 

The acceleration of legislative procedures in coordination with the Council and Commission regarding specific proposals, selected in particular from among those identified as priorities in the joint declaration on annual interinstitutional programming pursuant to Rule 37(1a), may be agreed by the committee or committees responsible.

Amendment 45

Parliament's Rules of Procedure

Rule 48

Present text

Amendment

Rule 48

Rule 48

Legislative procedures on initiatives originating from Member States

Legislative procedures on initiatives originating from institutions other than the Commission or from Member States

1.   Initiatives originating from Member States pursuant to Article 76 of the Treaty on the Functioning of the European Union shall be dealt with pursuant to this Rule and Rules 38 to 43, 47 and 59 .

1.    When dealing with initiatives originating from institutions other than the Commission or from Member States , the committee responsible may invite representatives of the institutions or the originating Member States to present their initiative to the committee. The representatives of the originating Member States may be accompanied by the Presidency of the Council .

2.    The committee responsible may invite representatives of the originating Member States to present their initiative to the committee. The representatives may be accompanied by the Presidency of the Council.

 

3.   Before the committee responsible proceeds to the vote, it shall ask the Commission whether it is preparing an opinion on the initiative. In the affirmative, the committee shall not adopt its report before receiving the Commission’s opinion.

3.   Before the committee responsible proceeds to the vote, it shall ask the Commission whether it is preparing an opinion on the initiative , or if it intends to submit an alternative proposal within a short period of time . If the answer that it receives is in the affirmative, the committee shall not adopt its report before receiving the Commission's opinion or alternative proposal .

4.   When two or more proposals originating from the Commission and/or the Member States with the same legislative objective have been submitted to Parliament simultaneously or within a short period of time, Parliament shall deal with them in a single report. In its report, the committee responsible shall indicate to which text it has proposed amendments and it shall refer to all other texts in the legislative resolution.

4.   When two or more proposals originating from the Commission and/or another institution and/or the Member States with the same legislative objective have been submitted to Parliament simultaneously or within a short period of time, Parliament shall deal with them in a single report. In its report, the committee responsible shall indicate to which text it has proposed amendments and it shall refer to all other texts in the legislative resolution.

Amendment 46

Parliament's Rules of Procedure

Rule 49

Present text

Amendment

Rule 49

Rule 49

Legislative reports

Legislative reports

1.   The Chair of the committee to which a proposal for a  legislative act is referred shall propose to the committee the procedure to be followed.

1.   The Chair of the committee to which a proposal for a  legally binding act is referred shall propose to the committee the procedure to be followed.

2.   Following a decision on the procedure to be followed, and if Rule 50 does not apply, the committee shall appoint a rapporteur on the proposal for a legislative act from among its members or permanent substitutes if it has not yet done so on the basis of the Commission Work Programme agreed under Rule 37 .

2.   Following a decision on the procedure to be followed, and if the simplified procedure under Rule 50 does not apply, the committee shall appoint a rapporteur on the proposal for a legislative act from among its members or permanent substitutes if it has not yet done so on the basis of Rule 47(1b) .

3.   The committee's report shall comprise:

3.   The committee's report shall comprise:

(a)

amendments, if any, to the proposal, accompanied, if appropriate, by short justifications which shall be the responsibility of the rapporteur and shall not be put to the vote;

(a)

amendments, if any, to the proposal, accompanied, if appropriate, by short justifications which shall be the responsibility of the author and shall not be put to the vote;

(b)

a draft legislative resolution, in accordance with Rule 59(2);

(b)

a draft legislative resolution, in accordance with Rule 59(1c);

(c)

if appropriate, an explanatory statement including a financial statement which establishes the magnitude of any financial impact of the report and its compatibility with the multiannual financial framework.

(c)

if appropriate, an explanatory statement including , where necessary, a financial statement which establishes the magnitude of any financial impact of the report and its compatibility with the multiannual financial framework;

 

(ca)

if available, a reference to the Impact Assessment by Parliament.

Amendment 47

Parliament's Rules of Procedure

Rule 50

Present text

Amendment

Rule 50

Rule 50

Simplified procedure

Simplified procedure

1.   Following a first discussion of a proposal for a legislative act, the Chair may propose that it be approved without amendment. Unless at least one-tenth of the members of the committee object, the Chair shall present to Parliament a report approving the proposal. Rule 150(1), second subparagraph, (2) and (4) shall apply.

1.   Following a first discussion of a proposal for a legislative act, the Chair may propose that it be approved without amendment. Unless at least one-tenth of the members of the committee object, the proposed procedure shall be deemed to have been approved. The Chair, or the rapporteur if one has been appointed, shall present to Parliament a report approving the proposal. Rule 150(1), second subparagraph, (2) and (4) shall apply.

2.   The Chair may alternatively propose that a set of amendments be drafted by the chair or by the rapporteur reflecting the committee's discussion. If the committee so agrees, these amendments shall be sent to the members of the committee. Unless at least one tenth of the members of the committee object within a set time limit, which may not be less than 21 days from the date of dispatch, the report shall be deemed to have been adopted by the committee. In this case the draft legislative resolution and the amendments shall be submitted to Parliament without debate pursuant to Rule 150(1), second subparagraph, (2) and (4).

2.    Alternatively, the Chair may propose that a set of amendments be drafted by the chair or by the rapporteur reflecting the committee's discussion. Unless at least one-tenth of the members of the committee object, the proposed procedure shall be deemed to have been approved and the amendments shall be sent to the members of the committee.

 

Unless at least one tenth of the members of the committee object to the amendments within a set time limit, which may not be less than 10 working days from the date of dispatch, the report shall be deemed to have been adopted by the committee. In this case the draft legislative resolution and the amendments shall be submitted to Parliament without debate pursuant to Rule 150(1), second subparagraph, (2) and (4).

 

If at least one tenth of the committee's members object to the amendments, they shall be put to the vote at the next meeting of the committee.

3.    If at least one tenth of the committee's members object, the amendments shall be put to the vote at the next meeting of the committee.

 

4.    The first and second sentences of paragraph 1, the first, second and third sentences of paragraph 2 and paragraph 3 shall apply, mutatis mutandis, to committee opinions within the meaning of Rule 53.

4.    With the exception of the provisions concerning the submission to Parliament, this Rule shall apply, mutatis mutandis, to committee opinions within the meaning of Rule 53.

Amendment 48

Parliament's Rules of Procedure

Rule 51

Present text

Amendment

Rule 51

Rule 51

Non-legislative reports

Non-legislative reports

1.   Where a committee draws up a non-legislative report, it shall appoint a rapporteur from among its members or permanent substitutes.

1.   Where a committee draws up a non-legislative report, it shall appoint a rapporteur from among its members or permanent substitutes.

2.    The rapporteur shall be responsible for preparing the committee's report and for presenting it to Parliament on behalf of the committee.

 

3.   The committee's report shall comprise:

3.   The committee's report shall comprise:

(a)

a motion for a resolution;

(a)

a motion for a resolution;

(b)

an explanatory statement including a financial statement which establishes the magnitude of any financial impact of the report and its compatibility with the multiannual financial framework;

(b)

an explanatory statement including , where necessary, a financial statement which establishes the magnitude of any financial impact of the report and its compatibility with the multiannual financial framework;

(c)

the texts of any motions for resolutions to be included under Rule 133(4).

(c)

the texts of any motions for resolutions to be included under Rule 133(4).

Amendment 49

Parliament's Rules of Procedure

Rule 52

Present text

Amendment

Rule 52

Rule 52

Own-initiative reports

Own-initiative reports

1.   A committee intending to draw up a report and to submit to Parliament a motion for a resolution on a subject within its competence on which neither a consultation nor a request for an opinion has been referred to it under Rule 201(1) may do so only with the authorisation of the Conference of Presidents. Where such authorisation is withheld the reason must always be stated. Where the subject of the report is a proposal tabled by a Member pursuant to Rule 46(2), authorisation may be withheld only if the conditions set out in Article 5 of the Statute for Members and in Article 225 of the Treaty on the Functioning of the European Union are not met .

1.   A committee intending to draw up a  non-legislative report or a report under Rule 45 or 46 on a subject within its competence on which no referral has taken place, may do so only with the authorisation of the Conference of Presidents.

 

The Conference of Presidents shall take a decision on requests for authorisation to draw up reports submitted pursuant to the first subparagraph on the basis of implementing provisions, which it shall lay down.

The Conference of Presidents takes a decision on requests for authorisation to draw up reports submitted pursuant to paragraph 1 on the basis of implementing provisions which it itself lays down. If a committee's competence to draw up a report for which it has requested authorisation is challenged, the Conference of Presidents takes a decision within six weeks on the basis of a recommendation from the Conference of Committee Chairs, or, if no such recommendation is forthcoming, from its Chair. If the Conference of Presidents fails to take a decision within that period, the recommendation is declared to have been approved.

 

 

1a.     Where such authorisation is withheld the reason for withholding it shall always be stated.

 

Where the subject of the report comes under Parliament's right of initiative referred to in Rule 45, authorisation may be withheld only on the grounds that the conditions set out in the Treaties are not met.

 

1b.     In the cases referred to in Rule 45 and Rule 46, the Conference of Presidents shall take a decision within two months

2.   Motions for resolutions contained in own-initiative reports shall be examined by Parliament under the short presentation procedure set out in Rule 151. Amendments to such motions for resolutions shall only be admissible for consideration in plenary if tabled by the rapporteur to take account of new information or by at least one-tenth of the Members of Parliament. Political groups may table alternative motions for resolutions in accordance with Rule 170(4). Rule 176 and Rule 180 shall apply to the committee's motion for a resolution and amendments thereto. Rule 180 shall also apply to the single vote on alternative motions for resolutions.

2.   Motions for resolutions submitted to Parliament shall be examined under the short presentation procedure set out in Rule 151. Amendments to such motions for resolutions and requests for split votes or separate votes shall only be admissible for consideration in plenary if they are tabled either by the rapporteur to take account of new information or by at least one-tenth of the Members of Parliament. Political groups may table alternative motions for resolutions in accordance with Rule 170(4). Rule 180 shall apply to the committee's motion for a resolution and amendments thereto. Rule 180 shall also apply to the single vote on alternative motions for resolutions.

The first subparagraph shall not apply in cases where the subject of the report qualifies for a key debate in plenary, where the report is drawn up pursuant to the right of initiative referred to in Rule 45 or 46, or where the report has been authorised as a strategic report  (9) .

 

 

2a.     Paragraph2 shall not apply in cases where the subject of the report qualifies for a key debate in plenary, where the report is drawn up pursuant to the right of initiative referred to in Rule 45 or 46, or where the report has been authorised as a strategic report  (9a) .

3.    Where the subject of the report comes under the right of initiative referred to in Rule 45, authorisation may be withheld only on the grounds that the conditions set out in the Treaties are not met.

 

4.    In the cases referred to in Rule 45 and Rule 46, the Conference of Presidents shall take a decision within two months.

 

Amendment 50

Parliament's Rules of Procedure

Rule 53

Present text

Amendment

Rule 53

Rule 53

Opinions of committees

Opinions of committees

1.   If the committee to which a matter was first referred wishes to hear the views of another committee, or if another committee wishes to make known its views on the report of the committee to which a matter was first referred, such committees may ask the President in accordance with Rule 201(3), for one committee to be named as the committee responsible and the other as the committee asked for an opinion.

1.   If the committee to which a matter was first referred wishes to hear the views of another committee, or if another committee wishes to make known its views to the committee to which a matter was first referred, such committees may ask the President in accordance with Rule 201 (3) for one committee to be named as the committee responsible and the other as the committee asked for an opinion.

 

The opinion giving committee may appoint a rapporteur for opinion from among its members or permanent substitutes or send its views in the form of a letter from the Chair.

2.    In the case of documents of a legislative nature within the meaning of Rule 47(1), the opinion shall consist of amendments to the text referred to the committee accompanied where appropriate by short justifications. Such justifications shall be the responsibility of the rapporteur for the opinion and shall not be put to the vote. If necessary the committee asked for an opinion may submit a short written justification for the opinion taken as a whole.

2.    Where the opinion concerns a proposal for a legally binding act, it shall consist of amendments to the text referred to the committee, accompanied where appropriate by short justifications. Such justifications shall be the responsibility of their author and shall not be put to the vote. If necessary the committee asked for an opinion may submit a short written justification for the opinion taken as a whole . Such short written justification shall be the responsibility of the rapporteur .

In the case of non-legislative texts, the opinion shall consist of suggestions for parts of the motion for a resolution submitted by the committee responsible.

Where the opinion does not concern a proposal for a legally binding act, it shall consist of suggestions for parts of the motion for a resolution submitted by the committee responsible.

The committee responsible shall put these amendments or suggestions to the vote.

The committee responsible shall put these amendments or suggestions to the vote.

The opinions shall deal solely with those matters that fall within the areas of responsibility of the committee asked for an opinion.

The opinions shall deal solely with those matters that fall within the areas of responsibility of the committee asked for an opinion.

3.   The committee responsible shall set a deadline within which the committee asked for an opinion must deliver it if it is to be taken into account by the committee responsible. Any changes to the announced timetable shall be immediately communicated by the committee responsible to the committee(s) asked for an opinion. The committee responsible shall not reach its final conclusions before that time-limit has expired.

3.   The committee responsible shall set a deadline within which the committee asked for an opinion must deliver it if it is to be taken into account by the committee responsible. Any changes to the announced timetable shall be immediately communicated by the committee responsible to the committee(s) asked for an opinion. The committee responsible shall not reach its final conclusions before that time-limit has expired.

 

3a.     Alternatively, the opinion-giving committee may decide to present its position in the form of amendments to be tabled directly in the committee responsible following their adoption. These amendments shall be tabled by the Chair or the rapporteur on behalf of the committee.

 

3b.     The opinion-giving committee shall table the amendments referred to in paragraph 3a within the deadline for amendments set by the committee responsible.

4.   All adopted opinions shall be annexed to the report of the committee responsible.

4.   All opinions and amendments adopted by the opinion giving committee shall be annexed to the report of the committee responsible.

5.    Only the committee responsible may table amendments in plenary .

5.    Opinion giving committees within the meaning of this Rule cannot table amendments for consideration by Parliament .

6.   The Chair and rapporteur of the committee asked for an opinion shall be invited to take part in an advisory capacity in meetings of the committee responsible, insofar as these relate to the matter of common concern.

6.   The Chair and rapporteur of the committee asked for an opinion shall be invited to take part in an advisory capacity in meetings of the committee responsible, insofar as these relate to the matter of common concern.

Amendment 51

Parliament's Rules of Procedure

Rule 54

Present text

Amendment

Rule 54

Rule 54

Procedure with associated committees

Associated committee procedure

Where a question of competence is referred to the Conference of Presidents pursuant to Rules 201 ( 2 ) or 52 , and the Conference of Presidents, on the basis of Annex VI, considers that the matter falls almost equally within the competence of two or more committees, or that different parts of the matter fall within the competence of two or more committees, Rule 53 shall apply with the following additional provisions:

1.   Where a question of competence is referred to the Conference of Presidents pursuant to Rule 201a , and the Conference of Presidents, on the basis of Annex VI, considers that the matter falls almost equally within the competence of two or more committees, or that different parts of the matter fall within the competence of two or more committees, Rule 53 shall apply with the following additional provisions:

the timetable shall be jointly agreed by the committees concerned;

the timetable shall be jointly agreed by the committees concerned;

the rapporteurs concerned shall keep each other informed and shall endeavour to agree on the texts they propose to their committees and on their position regarding amendments;

the rapporteurs concerned shall keep each other informed and shall endeavour to agree on the texts they propose to their committees and on their position regarding amendments;

the Chairs and rapporteurs concerned shall jointly identify areas of the text falling within their exclusive or joint competence and agree on the precise arrangements for their cooperation. In the event of disagreement about the delimitation of competences the matter shall be submitted, at the request of one of the committees involved, to the Conference of Presidents, which may decide on the question of the respective competences or decide that the procedure with joint committee meetings under Rule 55 is to apply ; the second subparagraph of Rule 201(2) shall apply mutatis mutandis;

the Chairs and rapporteurs concerned are bound by principle of good and sincere cooperation and shall jointly identify areas of the text falling within their exclusive or shared competence and agree on the precise arrangements for their cooperation. In the event of disagreement about the delimitation of competences the matter shall be submitted, at the request of one of the committees involved, to the Conference of Presidents, which may decide on the question of the respective competences or decide that the procedure with joint committee meetings under Rule 55 is to apply . That decision shall be taken in accordance with the procedure and within the deadline set out in Rule 201a.

the committee responsible shall accept without a vote amendments from an associated committee where they concern matters which fall within the exclusive competence of the associated committee. If amendments on matters which fall within the joint competence of the committee responsible and an associated committee are rejected by the former, the latter may table those amendments directly in plenary;

the committee responsible shall accept without a vote amendments from an associated committee where they concern matters which fall within the exclusive competence of the associated committee. If the committee responsible fails to respect the exclusive competence of the associated committee, the associated committee may table amendments directly in plenary. If amendments on matters which fall within the shared competence of the committee responsible and an associated committee are not adopted by the former, the associated committee may table those amendments directly in plenary;

in the event of a conciliation procedure taking place on the proposal, Parliament's delegation shall include the rapporteur of any associated committee.

in the event of a conciliation procedure taking place on the proposal, Parliament's delegation shall include the rapporteur of any associated committee.

The wording of this Rule does not lay down any limits to its scope. Requests for application of the procedure with associated committees concerning non-legislative reports based on Rules 52(1) and 132(1) and (2) are admissible.

 

The procedure with associated committees set out in this Rule may not be applied in relation to the recommendation to be adopted by the committee responsible under Rule 99.

 

The Conference of Presidents' decision to apply the procedure with associated committees applies at all stages of the procedure in question.

The Conference of Presidents' decision to apply the procedure with associated committees applies at all stages of the procedure in question.

The rights attaching to the status of ‘committee responsible’ are exercised by the lead committee. In exercising those rights, the lead committee must take due account of the prerogatives of the associated committee, and in particular must comply with the obligation to observe the principle of sincere cooperation as regards the timetable and respect the right of the associated committee to determine the amendments submitted in plenary which fall within its exclusive competence.

The rights attaching to the status of ‘committee responsible’ are exercised by the lead committee. In exercising those rights, the lead committee must take due account of the prerogatives of the associated committee, and in particular must comply with the obligation to observe the principle of sincere cooperation as regards the timetable and respect the right of the associated committee to determine the amendments submitted in plenary which fall within its exclusive competence.

Should the lead committee disregard the prerogatives of the associated committee, decisions taken by the former remain valid but the latter may table amendments directly in plenary, within the limits of its exclusive competence.

 

 

1a.     The procedure laid down in this Rule shall not apply to the recommendations to be adopted by the committee responsible under Rule 99.

Amendment 52

Parliament's Rules of Procedure

Rule 55

Present text

Amendment

Rule 55

Rule 55

Procedure with joint committee meetings

Joint committee procedure

1.   When a question of competence is referred to it pursuant to Rule 201(2) , the Conference of Presidents may decide that the procedure with joint meetings of committees and a joint vote is to be applied, provided that:

1.   When a question of competence is referred to it pursuant to Rule 201a , the Conference of Presidents may decide that the procedure with joint meetings of committees and a joint vote is to be applied, provided that:

by virtue of Annex VI, the matter falls indissociably within the competences of several committees; and

by virtue of Annex VI, the matter falls indissociably within the competences of several committees; and

it is satisfied that the question is of major importance.

it is satisfied that the question is of major importance.

2.   In that event, the respective rapporteurs shall draw up a single draft report, which shall be examined and voted on by the committees concerned, under the joint chairmanship of the committee Chairs.

2.   In that event, the respective rapporteurs shall draw up a single draft report, which shall be examined and voted on by the committees concerned, under the joint chairmanship of the committee Chairs.

At all stages of the procedure, the rights attaching to the status of committee responsible may be exercised by the committees concerned only when they are acting jointly. The committees involved may set up working groups to prepare the meetings and votes.

At all stages of the procedure, the rights attaching to the status of committee responsible may be exercised by the committees concerned only when they are acting jointly. The committees involved may set up working groups to prepare the meetings and votes.

3.   At the second-reading stage of the ordinary legislative procedure, the Council position shall be considered at a joint meeting of the committees concerned, which, should no agreement be reached between their Chairs, shall be held on the Wednesday of the first week set aside for meetings of parliamentary bodies following the communication of the Council’s position to Parliament. Should no agreement be reached on the convening of a further meeting, any such meeting shall be convened by the Chair of the Conference of Committee Chairs. The vote on the recommendation for second reading shall be taken at a joint meeting on the basis of a joint text drafted by the respective rapporteurs of the committees concerned or, in the absence of a joint text, on the basis of the amendments tabled in the committees concerned.

3.   At the second-reading stage of the ordinary legislative procedure, the Council position shall be considered at a joint meeting of the committees concerned, which, should no agreement be reached between their Chairs, shall be held on the Wednesday of the first week set aside for meetings of parliamentary bodies following the communication of the Council’s position to Parliament. Should no agreement be reached on the convening of a further meeting, any such meeting shall be convened by the Chair of the Conference of Committee Chairs. The vote on the recommendation for second reading shall be taken at a joint meeting on the basis of a joint text drafted by the respective rapporteurs of the committees concerned or, in the absence of a joint text, on the basis of the amendments tabled in the committees concerned.

At the third-reading stage of the ordinary legislative procedure, the Chairs and rapporteurs of the committees concerned shall be ex officio members of the delegation to the Conciliation Committee.

At the third-reading stage of the ordinary legislative procedure, the Chairs and rapporteurs of the committees concerned shall be ex officio members of the delegation to the Conciliation Committee.

This Rule can be applied to the procedure leading to a recommendation to approve or reject the conclusion of an international agreement pursuant to Rules 108(5) and 99(1) provided that the conditions set out in it are fulfilled.

 

Amendment 53

Parliament's Rules of Procedure

Rule 56

Present text

Amendment

Rule 56

Rule 52a

Drafting of reports

Drafting of reports

 

-1.     The rapporteur shall be responsible for preparing the committee's report and for presenting it to Parliament on behalf of the committee.

1.   The explanatory statement shall be the responsibility of the rapporteur and shall not be put to the vote. It must, however, accord with the text of the motion for a resolution as adopted and any amendments proposed by the committee. If it fails to do so, the chair of the committee may delete the explanatory statement.

1.   The explanatory statement shall be the responsibility of the rapporteur and shall not be put to the vote. It must, however, accord with the text of the motion for a resolution as adopted and any amendments proposed by the committee. If it fails to do so, the chair of the committee may delete the explanatory statement.

2.   The report shall state the result of the vote taken on the report as a whole . In addition, if at least one third of the members present so request when the vote is taken , the report shall indicate how each member voted.

2.   The report shall state the result of the vote taken on the report as a whole and shall indicate in line with Rule 208(3) , how each member voted.

3.    Where the committee's opinion is not unanimous the report shall also give a summary of the minority opinion. Minority opinions shall be expressed when the vote on the text as a whole is taken and may, at the request of their authors, be the subject of a written declaration not exceeding 200 words in length, annexed to the explanatory statement.

3.   Minority positions may be expressed when the vote on the text as a whole is taken and may, at the request of their authors, be the subject of a written declaration not exceeding 200 words in length, annexed to the explanatory statement.

The Chair shall settle any disputes which may arise as a result of the application of these provisions .

The Chair shall settle any disputes which may arise as a result of the application of this paragraph .

4.   On a proposal from its bureau , a committee may set a deadline within which the rapporteur must submit the draft report. This deadline may be extended or a new rapporteur appointed.

4.   On a proposal from its Chair , a committee may set a deadline within which the rapporteur must submit the draft report. This deadline may be extended or a new rapporteur appointed.

5.   Once the deadline has expired, the committee may instruct its Chair to ask for the matter referred to it to be placed on the agenda of one of the next sittings of Parliament. The debates may then be conducted on the basis of an oral report by the committee concerned.

5.   Once the deadline has expired, the committee may instruct its Chair to ask for the matter referred to it to be placed on the agenda of one of the next sittings of Parliament. The debates and votes may then be conducted on the basis of an oral report by the committee concerned.

 

(This Rule as amended shall be moved before Rule 53)

Amendment 54

Parliament's Rules of Procedure

Title II — chapter 3 — title

Present text

Amendment

CHAPTER 3

CHAPTER 3

FIRST READING

ORDINARY LEGISLATIVE PROCEDURE

Amendment 55

Parliament's Rules of Procedure

Title II — chapter 3 — section 1 (new)

Present text

Amendment

 

SECTION 1

 

FIRST READING

Amendment 56

Parliament's Rules of Procedure

Title II — chapter 3 — subtitle 1

Present text

Amendment

Committee stage

deleted

Amendment 57

Parliament's Rules of Procedure

Rule 57

Present text

Amendment

Rule 57

deleted

Modification of a proposal for a legislative act

 

1.    If the Commission informs Parliament or if the committee responsible becomes otherwise aware that the Commission intends to modify its proposal, the committee responsible shall postpone its examination of the matter until it has received the new proposal or the amendments of the Commission.

 

2.    If the Council substantially modifies the proposal for a legislative act, the provisions of Rule 63 shall apply.

 

Amendment 58

Parliament's Rules of Procedure

Rule 58

Present text

Amendment

Rule 58

deleted

Commission and Council position on amendments

 

1.    Before the committee responsible proceeds to the final vote on a proposal for a legislative act, it shall ask the Commission to state its position on all the amendments to the proposal adopted by the committee, and the Council to comment.

 

2.    If the Commission is not in a position to make such a statement or declares that it is not prepared to accept all the amendments adopted by the committee, then the committee may postpone the final vote.

 

3.    If appropriate, the position of the Commission shall be included in the report.

 

Amendment 59

Parliament's Rules of Procedure

Title II — chapter 3 — subtitle 2

Present text

Amendment

Plenary stage

deleted

Amendment 60

Parliament's Rules of Procedure

Rule 59

Present text

Amendment

Rule 59

Rule 59

Conclusion of first reading

Vote in Parliament – first reading

 

-1.     Parliament may approve, amend or reject the draft legislative act.

1.   Parliament shall examine the proposal for a legislative act on the basis of the report drawn up by the committee responsible pursuant to Rule 49 .

1.   Parliament shall first vote on any proposal for the immediate rejection of the draft legislative act that has been tabled in writing by the committee responsible , a political group or at least 40 Members .

 

If that proposal for rejection is adopted, the President shall ask the originating institution to withdraw the draft legislative act.

 

If the originating institution does so , the President shall declare the procedure closed.

 

If the originating institution does not withdraw the draft legislative act, the President shall announce that the first reading of Parliament is concluded, unless, on a proposal of the Chair or rapporteur of the committee responsible or of a political group or at least 40 Members, Parliament decides to refer the matter back to the committee responsible for reconsideration .

 

If that proposal for rejection is not adopted, Parliament shall then proceed in accordance with paragraphs 1a to 1c .

 

1a.     Any provisional agreement tabled by the committee responsible under Rule 73d(4) shall be given priority in voting and shall be put to a single vote, unless, at the request of a political group or at least 40 Members, Parliament decides instead to proceed with the vote on amendments in accordance with paragraph 1b . In that case, Parliament shall also decide whether the vote on the amendments shall take place immediately. If not, Parliament shall set a new deadline for amendments and the vote shall take place at a subsequent sitting.

 

If, in a single vote, the provisional agreement is adopted, the President shall announce that the first reading of Parliament has been concluded .

 

If, in a single vote, the provisional agreement fails to secure the majority of the votes cast, the President shall set a new deadline for amendments to the draft legislative act. Such amendments shall then be put to the vote at a subsequent sitting in order for Parliament to conclude its first reading.

 

1b.     Save where a proposal for rejection has been adopted in accordance with paragraph 1 or a provisional agreement has been adopted in accordance with paragraph 1a, any amendments to the draft legislative act shall then be put to the vote, including, where applicable, individual parts of the provisional agreement where requests have been made for split or separate votes, or competing amendments have been tabled.

 

Before voting on the amendments, the President may ask the Commission to state its position and the Council to comment.

 

After the vote on those amendments has taken place, Parliament shall vote on the whole draft legislative act, amended or otherwise.

 

If the whole draft legislative act, amended or otherwise, is adopted, the President shall announce that the first reading has been concluded, unless, on a proposal of the Chair or the rapporteur of the committee responsible or of a political group or at least 40 Members, Parliament decides to refer the matter back to the committee responsible, for interinstitutional negotiations in accordance with Rules 59a, 73a and 73d.

 

If the whole draft legislative act, as amended or otherwise, fails to secure a majority of the votes cast, the President shall announce that the first reading has been concluded, unless, on a proposal of the Chair or rapporteur of the committee responsible or of a political group or at least 40 Members, Parliament decides to refer the matter back to the committee responsible for reconsideration.

 

1c.     After the votes taken under paragraphs 1 to 1b, and the votes subsequently taken on amendments to the draft legislative resolution relating to procedural requests, if any, the legislative resolution shall be deemed to have been adopted. If necessary, the legislative resolution shall be modified, pursuant to Rule 193(2), in order to reflect the outcome of the votes taken under paragraphs 1 to 1b.

 

The text of the legislative resolution and of Parliament's position shall be forwarded, by the President, to the Council and the Commission, as well as, where the draft legislative act originates from them, to the originating group of Member States, the Court of Justice or the European Central Bank.

2.    Parliament shall first vote on the amendments to the proposal with which the report of the committee responsible is concerned, then on the proposal, amended or otherwise, then on the amendments to the draft legislative resolution, then on the draft legislative resolution as a whole, which shall contain only a statement as to whether Parliament approves, rejects or proposes amendments to the proposal for a legislative act and any procedural requests.

 

The first reading is concluded if the draft legislative resolution is adopted. If Parliament does not adopt the legislative resolution, the proposal shall be referred back to the committee responsible.

 

All reports tabled under the legislative procedure should comply with Rules 39, 47 and 49. Any non-legislative motion for a resolution tabled by a committee should be in accordance with the referral procedures provided for in Rule 52 or 201.

 

3.    The text of the proposal as approved by Parliament and the accompanying resolution shall be forwarded to the Council and the Commission by the President as Parliament's position.

 

Amendment 61

Parliament's Rules of Procedure

Rule 59 a (new)

Present text

Amendment

 

Rule 59a

 

Referral back to the committee responsible

 

If in accordance with Rule 59, a matter is referred back to the committee responsible for reconsideration or for interinstitutional negotiations in accordance with Rules 73a and 73d, the committee responsible shall, orally or in writing, report to Parliament within four months, which period may be extended by the Conference of Presidents.

 

Following a referral back to committee, the lead committee must, before taking a decision on the procedure to be followed, allow an associated committee, as Rule 54 provides, to make choices as to the amendments which fall within its exclusive competence, and in particular to choose which amendments are to be resubmitted in plenary.

 

Nothing prevents Parliament from deciding to hold, if appropriate, a concluding debate following the report by the Committee responsible to which the matter was referred back.

 

(The last two paragraphs are inserted as interpretations)

Amendment 62

Parliament's Rules of Procedure

Rule 60

Present text

Amendment

Rule 60

deleted

Rejection of a Commission proposal

 

1.    If a Commission proposal fails to secure a majority of the votes cast or if a motion for its rejection, which may be tabled by the committee responsible or by at least 40 Members, has been adopted, the President shall, before Parliament votes on the draft legislative resolution, ask the Commission to withdraw the proposal.

 

2.    If the Commission does so, the President shall declare the procedure closed and shall inform the Council accordingly.

 

3.    If the Commission does not withdraw its proposal, Parliament shall refer the matter back to the committee responsible without voting on the draft legislative resolution, unless Parliament, on a proposal of the Chair or rapporteur of the committee responsible or of a political group or at least 40 Members, proceeds to vote on the draft legislative resolution.

 

In the event of referral back, the committee responsible shall decide on the procedure to be followed and shall, orally or in writing, report back to Parliament within a period decided by Parliament which may not exceed two months.

 

Following a referral back to committee pursuant to paragraph 3, the lead committee must, before taking a decision on the procedure to be followed, allow an associated committee, as provided for in Rule 54, to make choices as to the amendments which fall within its exclusive competence, and in particular to choose which amendments are to be resubmitted in plenary.

 

The time-limit laid down in the second subparagraph of paragraph 3 applies to the tabling in writing, or the oral presentation, of the report of the committee responsible. It does not apply to Parliament's decision as to the appropriate juncture at which to continue consideration of the procedure in question.

 

4.    If the committee responsible is unable to meet the deadline, it shall request referral back to committee pursuant to Rule 188(1). If necessary, Parliament may set a new time-limit pursuant to Rule 188(5). If the committee's request is not accepted, Parliament shall proceed to the vote on the draft legislative resolution.

 

Amendment 63

Parliament's Rules of Procedure

Rule 61

Present text

Amendment

Rule 61

deleted

Adoption of amendments to a Commission proposal

 

1.    Where the Commission proposal as a whole is approved, but on the basis of amendments which have also been adopted, the vote on the draft legislative resolution shall be postponed until the Commission has stated its position on each of Parliament's amendments.

 

If the Commission is not in a position to make such a statement at the end of Parliament's vote on its proposal, it shall inform the President or the committee responsible as to when it will be in a position to do so; the proposal shall then be placed on the draft agenda of the first part-session thereafter.

 

2.    If the Commission announces that it does not intend to adopt all Parliament's amendments, the rapporteur of the committee responsible, or else the Chair of that committee, shall make a formal proposal to Parliament as to whether the vote on the draft legislative resolution should proceed. Before submitting this proposal, the rapporteur or Chair of the committee responsible may ask the President to suspend consideration of the item.

 

If Parliament decides to postpone the vote, the matter shall be deemed to be referred back to the committee responsible for reconsideration.

 

In this case, the committee responsible shall, orally or in writing, report to Parliament within a period decided by Parliament which may not exceed two months.

 

If the committee responsible is unable to meet the deadline, the procedure provided for in Rule 60(4) shall be applied.

 

Only amendments tabled by the committee responsible and seeking to reach a compromise with the Commission shall be admissible at this stage.

 

Nothing prevents Parliament from deciding to hold, if appropriate, a concluding debate following the report by the Committee responsible to which the matter has been referred back.

 

3.    Application of paragraph 2 does not preclude a request for referral being tabled by other Members pursuant to Rule 188.

 

A committee to which a matter has been referred back under paragraph 2 is principally required under the terms of that referral to report within the deadline given and, where appropriate, to table amendments seeking to reach a compromise with the Commission, but not to reconsider all the provisions approved by Parliament.

 

However, within these terms of reference, in view of the suspensory effect of the referral, the committee enjoys a greater degree of freedom and may, where necessary in the interests of the compromise, propose reconsidering provisions which received a favourable vote in Parliament.

 

In such cases, in view of the fact that the only admissible amendments from the committee are those seeking to reach a compromise, and with a view to preserving Parliament's sovereignty, the report referred to in paragraph 2 must clearly state which provisions already approved would fall if the proposed amendments were adopted.

 

Amendment 64

Parliament's Rules of Procedure

Title II — chapter 3 — subtitle 3

Present text

Amendment

Follow-up procedure

deleted

Amendment 65

Parliament's Rules of Procedure

Rule 62

Present text

Amendment

Rule 62

deleted

Follow-up to Parliament's position

 

1.    In the period following the adoption by Parliament of its position on a proposal by the Commission, the Chair and the rapporteur of the committee responsible shall monitor the progress of the proposal over the course of the procedure leading to its adoption by the Council, in particular to ensure that the undertakings given by the Council or the Commission to Parliament concerning its position are properly observed.

 

2.    The committee responsible may invite the Commission and the Council to discuss the matter with it.

 

3.    At any stage of the follow-up procedure the committee responsible may, if it deems it necessary, table a motion for a resolution under this Rule recommending that Parliament:

 

call upon the Commission to withdraw its proposal, or

 

call upon the Commission or the Council to refer the matter to Parliament once again pursuant to Rule 63, or upon the Commission to present a new proposal, or

 

decide to take such other action as it deems appropriate.

 

This motion shall be placed on the draft agenda of the part-session following the decision by the committee.

 

Amendment 66

Parliament's Rules of Procedure

Rule 63

Present text

Amendment

Rule 63

Rule 63

Renewed referral to Parliament

Renewed referral to Parliament

Ordinary legislative procedure

 

1.   The President shall, at the request of the committee responsible, ask the Commission to refer its proposal again to Parliament in cases :

1.   The President shall, at the request of the committee responsible, ask the Commission to refer its proposal again to Parliament where :

where the Commission withdraws its initial proposal after Parliament has adopted its position, in order to replace it with another text, except where this is done in order to take account of Parliament's position; or

 

where the Commission substantially amends or intends to amend its initial proposal, except where this is done in order to take account of Parliament's position; or

the Commission replaces, substantially amends or intends to substantially amend its initial proposal after Parliament has adopted its position , except where this is done in order to take account of Parliament's position;

where , through the passage of time or changes in circumstances, the nature of the problem with which the proposal is concerned substantially changes; or

the nature of the problem with which the proposal is concerned substantially changes as a result of passage of time or changes in circumstances ; or

where new elections to Parliament have taken place since it adopted its position, and the Conference of Presidents considers it desirable.

new elections to Parliament have taken place since it adopted its position, and the Conference of Presidents considers it desirable.

 

1a.     Where a modification of the legal basis of a proposal is envisaged which would result in the ordinary legislative procedure no longer applying to that proposal, the Parliament, Council and Commission will, pursuant to paragraph 25 of the Interinstitutional agreement on Better Law Making, exchange views thereon through their respective Presidents or their representatives.

2.    Parliament shall, at the request of the committee responsible, ask the Council to refer again to Parliament a proposal submitted by the Commission pursuant to Article 294 of the Treaty on the Functioning of the European Union, where the Council intends to modify the legal basis of the proposal with the result that the ordinary legislative procedure will no longer apply.

2.    Following the exchange of views referred to in paragraph 1a, the President shall, at the request of the committee responsible, ask the Council to refer the draft legally binding act to Parliament again, where the Commission or the Council intends to modify the legal basis provided for in Parliament's position at first reading, with the result that the ordinary legislative procedure would no longer apply.

Other procedures

 

3.    At the request of the committee responsible, the President shall call on the Council to reconsult Parliament in the same circumstances and under the same conditions as those set out in paragraph 1, and also where the Council substantially amends or intends to amend the proposal on which Parliament originally delivered its opinion, except where this is done in order to incorporate Parliament's amendments.

 

4.    The President shall also request that a proposal for an act be referred again to Parliament in the circumstances defined in this Rule where Parliament so decides on a proposal from a political group or at least 40 Members.

 

Amendment 67

Parliament's Rules of Procedure

Title II — chapter 4 — title

Present text

Amendment

CHAPTER 4

SECTION 2

SECOND READING

SECOND READING

Amendment 68

Parliament's Rules of Procedure

Title II — chapter 4 — subtitle 1

Present text

Amendment

Committee stage

deleted

Amendment 69

Parliament's Rules of Procedure

Rule 64

Present text

Amendment

Rule 64

Rule 64

Communication of the Council's position

Communication of the Council's position

1.   Communication of the Council's position pursuant to Article 294 of the Treaty on the Functioning of the European Union takes place when it is announced by the President in Parliament. The President shall make the announcement after receiving the documents which contain the position itself, all declarations made in the Council minutes when it adopted the position, the reasons which led the Council to adopt its position, and the Commission's position, duly translated into the official languages of the European Union. The President's announcement shall be made during the part-session following the receipt of such documents.

1.   Communication of the Council's position pursuant to Article 294 of the Treaty on the Functioning of the European Union takes place when it is announced by the President in Parliament. The President shall make the announcement after receiving the documents which contain the position itself, all declarations made in the Council minutes when it adopted the position, the reasons which led the Council to adopt its position, and the Commission's position, duly translated into the official languages of the European Union. The President's announcement shall be made during the part-session following the receipt of such documents.

Before making the announcement, the President establishes, after consulting the Chair of the committee responsible and/or the rapporteur, that the text received is indeed a Council's first reading position and that the circumstances described in Rule 63 do not apply. Failing this, the President, together with the committee responsible and, where possible, in agreement with the Council, seeks an appropriate solution.

Before making the announcement, the President establishes, after consulting the Chair of the committee responsible and/or the rapporteur, that the text received is indeed a Council's first reading position and that the circumstances described in Rule 63 do not apply. Failing this, the President, together with the committee responsible and, where possible, in agreement with the Council, seeks an appropriate solution.

 

1a.     On the day of its announcement in Parliament, the Council's position shall be deemed to have been referred automatically to the committee responsible at first reading.

2.   A list of such communications shall be published in the minutes of the sitting together with the name of the committee responsible.

2.   A list of such communications shall be published in the minutes of the sitting together with the name of the committee responsible.

Amendment 70

Parliament's Rules of Procedure

Rule 65

Present text

Amendment

Rule 65

Rule 65

Extension of time limits

Extension of time limits

1.   The President shall, at the request of the Chair of the committee responsible in the case of time-limits for second reading , or at the request of Parliament's conciliation delegation in the case of time-limits for conciliation, extend the limits in question in accordance with Article 294(14) of the Treaty on the Functioning of the European Union.

1.   The President shall, at the request of the Chair of the committee responsible , extend the time-limits for second reading in accordance with Article 294(14) of the Treaty on the Functioning of the European Union.

2.   The President shall notify Parliament of any extension of time limits under Article 294(14) of the Treaty on the Functioning of the European Union, whether on the initiative of Parliament or of the Council.

2.   The President shall notify Parliament of any extension of time limits under Article 294(14) of the Treaty on the Functioning of the European Union, whether on the initiative of Parliament or of the Council.

Amendment 71

Parliament's Rules of Procedure

Rule 66

Present text

Amendment

Rule 66

Rule 66

Referral to and procedure in the committee responsible

Procedure in the committee responsible

1.    On the day of its communication to Parliament pursuant to Rule 64(1), the Council's position shall be deemed to have been referred automatically to the committee responsible and to the committees asked for their opinion at first reading.

 

2.   The Council's position shall be entered as the first item on the agenda of the first meeting of the committee responsible following the date of its communication. The Council may be invited to present its position.

2.   The Council's position shall be entered as a priority item on the agenda of the first meeting of the committee responsible following the date of its communication. The Council may be invited to present its position.

3.   Unless otherwise decided, the rapporteur at second reading shall be the same as at first reading.

3.   Unless otherwise decided, the rapporteur at second reading shall be the same as at first reading.

4.   The provisions for Parliament's second reading in Rule 69(2), (3) and (5) shall apply to the proceedings in the committee responsible; only members or permanent substitutes of that committee may table proposals for rejection and amendments. The committee shall decide by a majority of the votes cast.

4.   The provisions concerning the admissibility of the amendments to the Council's position in Rule 69(2) and (3) shall apply to the proceedings in the committee responsible; only members or permanent substitutes of that committee may table proposals for rejection and amendments. The committee shall decide by a majority of the votes cast.

5.    Before voting, the committee may request the Chair and rapporteur to discuss amendments that have been tabled in the committee with the President of the Council or the latter's representative and with the Commissioner responsible present. The rapporteur may table compromise amendments following such discussion .

 

6.   The committee responsible shall submit a recommendation for second reading proposing the approval, amendment or rejection of the position adopted by the Council. The recommendation shall include a short justification for the decision proposed.

6.   The committee responsible shall submit a recommendation for second reading proposing the approval, amendment or rejection of the position adopted by the Council. The recommendation shall include a short justification for the decision proposed.

 

6a.     Rules 49, 50, 53 and 188 shall not apply during second reading.

Amendment 72

Parliament's Rules of Procedure

Title II — chapter 4 — subtitle 2

Present text

Amendment

Plenary stage

deleted

Amendment 73

Parliament's Rules of Procedure

Rule 67

Present text

Amendment

Rule 67

Rule 67

Conclusion of second reading

Submission to Parliament

1.   The Council's position and, where available, the recommendation for second reading of the committee responsible shall automatically be placed on the draft agenda for the part-session whose Wednesday falls before and closest to the day of expiry of the period of three months or, if extended in accordance with Rule 65, of four months, unless the matter has been dealt with at an earlier part-session.

The Council's position and, where available, the recommendation for second reading of the committee responsible shall automatically be placed on the draft agenda for the part-session whose Wednesday falls before and closest to the day of expiry of the period of three months or, if extended in accordance with Rule 65, of four months, unless the matter has been dealt with at an earlier part-session.

The recommendations for second reading submitted by parliamentary committees are equivalent to an explanatory statement in which the committee justifies its position in relation to the Council's position. There is no vote on these texts.

 

2.    The second reading shall be concluded when Parliament approves, rejects or amends the Council's position within the time limits and in accordance with the conditions laid down by Article 294 of the Treaty on the Functioning of the European Union.

 

Amendment 74

Parliament's Rules of Procedure

Rule 67 a (new)

Present text

Amendment

 

Rule 67a

 

Vote in Parliament — second reading

 

1.    Parliament shall first vote on any proposal for the immediate rejection of Council's position that has been tabled in writing by the committee responsible, a political group or at least 40 Members. For it to be adopted, such a proposal shall require the votes of a majority of the component Members of Parliament.

 

If that proposal for rejection is adopted, resulting in the rejection of the Council's position, the President shall announce in Parliament that the legislative procedure is closed.

 

If that proposal for rejection is not adopted, Parliament shall then proceed in accordance with paragraphs 2 to 5.

 

2.    Any provisional agreement tabled under Rule 73d(4) by the committee responsible shall be given priority in voting and put to a single vote, unless, at the request of a political group or at least 40 Members, Parliament decides to proceed immediately with the vote on amendments in accordance with paragraph 3.

 

If, in a single vote, the provisional agreement secures the votes of a majority of the component Members of Parliament, the President shall announce that the second reading of Parliament has been concluded.

 

If, in a single vote, the provisional agreement fails to secure the majority of the component Members of Parliament, Parliament shall then proceed in accordance with paragraphs 3 to 5.

 

3.    Save where a proposal for rejection has been adopted in accordance with paragraph 1 or a provisional agreement has been adopted in accordance with paragraph 2, any amendments to the Council's position, including those contained in the provisional agreement tabled by the committee responsible under Rule 73d(4), shall then be put to the vote. Any amendment to the Council's position shall be adopted only if it secures the votes of a majority of the component Members of Parliament.

 

Before voting on the amendments, the President may ask the Commission to state its position and the Council to comment.

 

4.    Notwithstanding a vote by Parliament against the initial proposal to reject the Council's position under paragraph 1, Parliament may, on the proposal of the Chair or the rapporteur of the committee responsible or of a political group or at least 40 Members, consider a further proposal for rejection after voting on the amendments under paragraphs 2 or 3. For it to be adopted, such a proposal shall require the votes of a majority of the component Members of Parliament.

 

If the Council's position is rejected, the President shall announce in Parliament that the legislative procedure is closed.

 

5.    After the votes taken under paragraphs 1 to 4 and the votes subsequently taken on amendments to the draft legislative resolution relating to procedural requests, the President shall announce that the second reading of Parliament has been concluded and the legislative resolution shall be deemed to have been adopted. If necessary, the legislative resolution shall be modified, pursuant to Rule 193(2), in order to reflect the outcome of the votes taken under paragraphs 1 to 4 or the application of Rule 76.

 

The text of the legislative resolution and of Parliament's position, if any, shall be forwarded by the President to the Council and to the Commission.

 

Where no proposal to reject or amend the Council's position has been tabled, it shall be deemed to have been approved.

Amendment 75

Parliament's Rules of Procedure

Rule 68

Present text

Amendment

Rule 68

deleted

Rejection of the Council's position

 

1.    The committee responsible, a political group or at least 40 Members may, in writing and before a deadline set by the President, table a proposal to reject the Council's position. Such a proposal shall require for adoption the votes of a majority of the component Members of Parliament. A proposal to reject the Council's position shall be voted on before voting on any amendments.

 

2.    Notwithstanding a vote by Parliament against the initial proposal to reject the Council's position, Parliament may, on the recommendation of the rapporteur, consider a further proposal for rejection after voting on the amendments and hearing a statement from the Commission pursuant to Rule 69(5).

 

3.    If the Council's position is rejected, the President shall announce in Parliament that the legislative procedure is closed.

 

Amendment 76

Parliament's Rules of Procedure

Rule 69

Present text

Amendment

Rule 69

Rule 69

Amendments to the Council's position

Admissibility of amendments to the Council's position

1.   The committee responsible, a political group or at least 40 Members may table amendments to the Council's position for consideration in Parliament.

1.   The committee responsible, a political group or at least 40 Members may table amendments to the Council's position for consideration in Parliament.

2.   An amendment to the Council's position shall be admissible only if it complies with Rules 169 and 170 and seeks:

2.   An amendment to the Council's position shall be admissible only if it complies with Rules 169 and 170 and seeks:

(a)

to restore wholly or partly the position adopted by Parliament at its first reading; or

(a)

to restore wholly or partly the position adopted by Parliament at its first reading; or

(b)

to reach a compromise between the Council and Parliament; or

(b)

to reach a compromise between the Council and Parliament; or

(c)

to amend a part of the text of a  Council's position which was not included in — or differs in content from — the proposal submitted at first reading and which does not amount to a substantial change within the meaning of Rule 63 ; or

(c)

to amend a part of the text of a  Council position which was not included in — or differs in content from — the proposal submitted at first reading; or

(d)

to take account of a new fact or legal situation which has arisen since the first reading.

(d)

to take account of a new fact or legal situation which has arisen since the adoption of Parliament's position at first reading.

The President's discretion to declare an amendment admissible or inadmissible may not be questioned.

The President's discretion to declare an amendment admissible or inadmissible may not be questioned.

3.   If new elections have taken place since the first reading, but Rule 63 has not been invoked, the President may decide to waive the restrictions on admissibility laid down in paragraph 2.

3.   If new elections have taken place since the first reading, but Rule 63 has not been invoked, the President may decide to waive the restrictions on admissibility laid down in paragraph 2.

4.    An amendment shall be adopted only if it secures the votes of a majority of the component Members of Parliament.

 

5.    Before voting on the amendments, the President may ask the Commission to state its position and the Council to comment.

 

Amendment 77

Parliament's Rules of Procedure

Title II — chapter 5 — title

Present text

Amendment

CHAPTER 5

SECTION 4

THIRD READING

CONCILIATION AND THIRD READING

Amendment 78

Parliament's Rules of Procedure

Title II — chapter 5 — subtitle 1

Present text

Amendment

Conciliation

deleted

Amendment 79

Parliament's Rules of Procedure

Rule 69 b (new)

Present text

Amendment

 

Rule 69b

 

Extension of time limits

 

1.    The President shall, at the request of Parliament's delegation to the conciliation committee, extend the time limits for third reading in accordance with Article 294(14) of the Treaty on the Functioning of the European Union.

 

2.    The President shall notify Parliament of any extension of time limits under Article 294(14) of the Treaty on the Functioning of the European Union, whether on the initiative of Parliament or of the Council.

Amendment 80

Parliament's Rules of Procedure

Rule 71

Present text

Amendment

Rule 71

Rule 71

Delegation to the Conciliation Committee

Delegation to the Conciliation Committee

1.   Parliament's delegation to the Conciliation Committee shall consist of a number of members equal to the number of members of the Council delegation.

1.   Parliament's delegation to the Conciliation Committee shall consist of a number of members equal to the number of members of the Council delegation.

2.   The political composition of the delegation shall correspond to the composition of Parliament by political groups. The Conference of Presidents shall determine the exact number of Members from each political group.

2.   The political composition of the delegation shall correspond to the composition of Parliament by political groups. The Conference of Presidents shall determine the exact number of Members from each political group.

3.   The members of the delegation shall be appointed by the political groups for each conciliation case, preferably from among the members of the committees concerned , except for three members who shall be appointed as permanent members of successive delegations for a period of 12 months. The three permanent members shall be appointed by the political groups from among the Vice-Presidents and shall represent at least two different political groups. The chair and the rapporteur of the committee responsible in each case shall be members of the delegation.

3.   The members of the delegation shall be appointed by the political groups for each conciliation case, preferably from among the members of the committee responsible , except for three members who shall be appointed as permanent members of successive delegations for a period of 12 months. The three permanent members shall be appointed by the political groups from among the Vice-Presidents and shall represent at least two different political groups. The chair and the rapporteur in second reading of the committee responsible as well as the rapporteur of any associated committee shall in each case be members of the delegation.

4.   The political groups represented on the delegation shall appoint substitutes.

4.   The political groups represented on the delegation shall appoint substitutes.

5.   Political groups and non-attached Members not represented on the delegation may each send one representative to any internal preparatory meeting of the delegation.

5.   Political groups not represented on the delegation may each send one representative to any internal preparatory meeting of the delegation. If the delegation does not include any non-attached Members, one non-attached Member may attend any internal preparatory meeting of the delegation.

6.   The delegation shall be led by the President or by one of the three permanent members.

6.   The delegation shall be led by the President or by one of the three permanent members.

7.   The delegation shall decide by a majority of its members. Its deliberations shall not be public.

7.   The delegation shall decide by a majority of its members. Its deliberations shall not be public.

The Conference of Presidents shall lay down further procedural guidelines for the work of the delegation to the Conciliation Committee.

The Conference of Presidents shall lay down further procedural guidelines for the work of the delegation to the Conciliation Committee.

8.   The results of the conciliation shall be reported by the delegation to Parliament.

8.   The results of the conciliation shall be reported by the delegation to Parliament.

Amendment 81

Parliament's Rules of Procedure

Title II — chapter 5 — subtitle 2

Present text

Amendment

Plenary stage

deleted

Amendment 82

Parliament's Rules of Procedure

Rule 72

Present text

Amendment

Rule 72

Rule 72

Joint text

Joint text

1.   Where agreement on a joint text is reached within the Conciliation Committee, the matter shall be placed on the agenda of a sitting of Parliament to be held within six or, if extended, eight weeks of the date of approval of the joint text by the Conciliation Committee.

1.   Where agreement on a joint text is reached within the Conciliation Committee, the matter shall be placed on the agenda of a sitting of Parliament to be held within six or, if extended, eight weeks of the date of approval of the joint text by the Conciliation Committee.

2.   The Chair or another designated member of Parliament's delegation to the Conciliation Committee shall make a statement on the joint text, which shall be accompanied by a report.

2.   The Chair or another designated member of Parliament's delegation to the Conciliation Committee shall make a statement on the joint text, which shall be accompanied by a report.

3.   No amendments may be tabled to the joint text.

3.   No amendments may be tabled to the joint text.

4.   The joint text as a whole shall be the subject of a single vote. The joint text shall be approved if it secures a majority of the votes cast.

4.   The joint text as a whole shall be the subject of a single vote. The joint text shall be approved if it secures a majority of the votes cast.

5.   If no agreement is reached on a joint text within the Conciliation Committee, the Chair or another designated member of Parliament's delegation to the Conciliation Committee shall make a statement. This statement shall be followed by a debate.

5.   If no agreement is reached on a joint text within the Conciliation Committee, the Chair or another designated member of Parliament's delegation to the Conciliation Committee shall make a statement. This statement shall be followed by a debate.

 

5a.     During the conciliation procedure between Parliament and the Council following the second reading, no referral back to committee shall take place.

 

5b.     Rules 49, 50 and 53 shall not apply during third reading.

Amendment 83

Parliament's Rules of Procedure

Title II — chapter 6 — title

Present text

Amendment

CHAPTER 6

SECTION 5

CONCLUSION OF THE LEGISLATIVE PROCEDURE

CONCLUSION OF THE PROCEDURE

Amendment 84

Parliament's Rules of Procedure

Title II — chapter 3 — section 3 (new)

Present text

Amendment

 

SECTION 3

 

INTERINSTITUTIONAL NEGOTIATIONS DURING THE ORDINARY LEGISLATIVE PROCEDURE

 

(Section 3 shall be inserted before section 4 on Conciliation and third reading and shall contain Rule 73, as amended, and Rule 73a to 73d).

Amendment 85

Parliament's Rules of Procedure

Rule 73

Present text

Amendment

Rule 73

Rule 73

Interinstitutional negotiations in legislative procedures

General provisions

1.   Negotiations with the other institutions aimed at reaching an agreement in the course of a legislative procedure shall be conducted having regard to the Code of Conduct laid down by the Conference of Presidents (10) .

Negotiations with the other institutions aimed at reaching an agreement in the course of a legislative procedure may only be entered into following a decision taken in accordance with the Rules 73a to 73c or following a referral back by Parliament for interinstitutional negotiations. Such negotiations shall be conducted having regard to the Code of Conduct laid down by the Conference of Presidents (10).

2.    Such negotiations shall not be entered into prior to the adoption by the committee responsible, on a case-by-case basis for every legislative procedure concerned and by a majority of its members, of a decision on the opening of negotiations. That decision shall determine the mandate and the composition of the negotiating team. Such decisions shall be notified to the President, who shall keep the Conference of Presidents informed on a regular basis.

 

The mandate shall consist of a report adopted in committee and tabled for later consideration by Parliament. By way of exception, where the committee responsible considers it duly justified to enter into negotiations prior to the adoption of a report in committee, the mandate may consist of a set of amendments or a set of clearly defined objectives, priorities or orientations.

 

3.    The negotiating team shall be led by the rapporteur and presided over by the Chair of the committee responsible or by a Vice-Chair designated by the Chair. It shall comprise at least the shadow rapporteurs from each political group.

 

4.    Any document intended to be discussed in a meeting with the Council and the Commission (‘trilogue’) shall take the form of a document indicating the respective positions of the institutions involved and possible compromise solutions and shall be circulated to the negotiating team at least 48 hours, or in cases of urgency at least 24 hours, in advance of the trilogue in question.

 

After each trilogue the negotiating team shall report back to the following meeting of the committee responsible. Documents reflecting the outcome of the last trilogue shall be made available to the committee.

 

Where it is not feasible to convene a meeting of the committee in a timely manner, the negotiating team shall report back to the Chair, the shadow rapporteurs and the coordinators of the committee, as appropriate.

 

The committee responsible may update the mandate in the light of the progress of the negotiations.

 

5.    If the negotiations lead to a compromise, the committee responsible shall be informed without delay. The agreed text shall be submitted to the committee responsible for consideration. If approved by a vote in committee, the agreed text shall be tabled for consideration by Parliament in the appropriate form, including compromise amendments. It may be presented as a consolidated text provided that it clearly displays the modifications to the proposal for a legislative act under consideration.

 

6.    Where the procedure involves associated committees or joint committee meetings, Rules 54 and 55 shall apply to the decision on the opening of negotiations and to the conduct of such negotiations.

 

In the event of disagreement between the committees concerned, the modalities for the opening of negotiations and the conduct of such negotiations shall be determined by the Chair of the Conference of Committee Chairs in accordance with the principles set out in those Rules.

 

Amendment 86

Parliament's Rules of Procedure

Rule 73 a (new)

Present text

Amendment

 

Rule 73a

 

Negotiations ahead of Parliament's first reading

 

1.    Where a committee has adopted a legislative report pursuant to Rule 49, it may decide, by a majority of its members, to enter into negotiations on the basis of that report.

 

2.    Decisions to enter into negotiations shall be announced at the beginning of the part-session following their adoption in committee. By the end of the day following the announcement in Parliament, political groups or individual members who together constitute at least one tenth of the Members of Parliament may request in writing that a committee decision to enter into negotiations be put to the vote. Parliament shall vote on such requests during the same part-session.

 

If no such request is received by the expiry of the deadline laid down in subparagraph 1, the President shall inform the Parliament that this is the case. If a request is made, the President may, immediately prior to the vote, give the floor to one speaker in favour and to one speaker against. Each speaker may make a statement lasting no more than two minutes.

 

3.    If Parliament rejects the committee’s decision to enter into negotiations, the draft legislative act and the report of the committee responsible shall be placed on the agenda of the following part-session, and the President shall set a deadline for amendments. Rule 59(1b) shall apply.

 

4.    Negotiations may start at any time after the deadline laid down in the first subparagraph of paragraph 2 has expired without a request for a vote in Parliament on the decision to enter into negotiations being made. If such a request has been made, negotiations may start at any time after the committee decision to enter into negotiations has been approved in Parliament.

Amendment 87

Parliament's Rules of Procedure

Rule 73 b (new)

Present text

Amendment

 

Rule 73b

 

Negotiations ahead of Council's first reading

 

Where the Parliament has adopted its position at first reading, this shall constitute the mandate for any negotiations with other institutions. The committee responsible may decide, by a majority of its members, to enter into negotiations at any time thereafter. Such decisions shall be announced in Parliament during the part-session following the vote in committee and reference to them shall be included in the minutes.

Amendment 88

Parliament's Rules of Procedure

Rule 73 c (new)

Present text

Amendment

 

Rule 73c

 

Negotiations ahead of Parliament's second reading

 

Where the Council position at first reading has been referred to the committee responsible, Parliament's position at first reading shall, subject to Rule 69, constitute the mandate for any negotiations with other institutions. The committee responsible may decide to enter into negotiations at any time after.

 

Where the Council position contains elements not covered by the draft legislative act or by the Parliament's position at first reading, the committee may adopt guidelines, including in the form of amendments to the Council position, for the negotiating team.

Amendment 305

Parliament's Rules of Procedure

Rule 73 d (new)

Present text

Amendment

 

Rule 73d

 

Conduct of negotiations

 

1.    Parliament's negotiating team shall be led by the rapporteur and shall be presided over by the Chair of the committee responsible or by a Vice-Chair designated by the Chair. It shall comprise at least the shadow rapporteurs from each political group that wishes to participate.

 

2.    Any document intended to be discussed at a meeting with the Council and the Commission (‘trilogue’) shall be circulated to the negotiating team at least 48 hours or, in cases of urgency, at least 24 hours in advance of that trilogue.

 

3.    After each trilogue, the Chair of the negotiating team and the Rapporteur, on behalf of the negotiating team, shall report back to the next meeting of the committee responsible.

 

Where it is not feasible to convene a meeting of the committee in a timely manner, the Chair of the negotiating team and the Rapporteur, on behalf of the negotiating team, shall report back to a meeting of the committee coordinators.

 

4.    If negotiations lead to a provisional agreement, the committee responsible shall be informed without delay. Documents reflecting the outcome of the concluding trilogue shall be made available to the committee and shall be published. The provisional agreement shall be submitted to the committee responsible, which shall decide by way of a single vote by a majority of the votes cast. If approved, it shall be tabled for consideration by Parliament, in a presentation which clearly indicates the modifications to the draft legislative act.

 

5.    In the event of disagreement between the committees concerned under Rules 54 and 55, the detailed rules for the opening of negotiations and the conduct of such negotiations shall be determined by the Chair of the Conference of Committee Chairs in accordance with the principles set out in those Rules.

Amendment 90

Parliament's Rules of Procedure

Rule 74

Present text

Amendment

Rule 74

deleted

Approval of a decision on the opening of interinstitutional negotiations prior to the adoption of a report in committee

 

1.    Any decision by a committee on the opening of negotiations prior to the adoption of a report in committee shall be translated into all the official languages, distributed to all Members of Parliament and submitted to the Conference of Presidents.

 

At the request of a political group, the Conference of Presidents may decide to include the item, for consideration with a debate and vote, in the draft agenda of the part-session following the distribution, in which case the President shall set a deadline for the tabling of amendments.

 

In the absence of a decision by the Conference of Presidents to include the item in the draft agenda of that part-session, the decision on the opening of negotiations shall be announced by the President at the opening of that part-session.

 

2.    The item shall be included in the draft agenda of the part-session following the announcement, for consideration with a debate and vote, and the President shall set a deadline for the tabling of amendments where a political group or at least 40 Members so request within 48 hours after the announcement.

 

Otherwise, the decision on the opening of the negotiations shall be deemed to be approved.

 

Amendment 91

Parliament's Rules of Procedure

Rule 75

Present text

Amendment

Rule 75

Rule 63a

First-reading agreement

First-reading agreement

Where, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, the Council has informed Parliament that it has approved Parliament's position, the President, following finalisation in accordance with Rule 193, shall announce in Parliament that the proposal has been adopted in the wording which corresponds to the position of Parliament.

Where, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, the Council has informed Parliament that it has approved Parliament's position, the President, following finalisation in accordance with Rule 193, shall announce in Parliament that the legislative act has been adopted in the wording which corresponds to the position of Parliament.

 

(This Rule shall be moved to the end of section 1 on first reading.)

Amendment 92

Parliament's Rules of Procedure

Rule 76

Present text

Amendment

Rule 76

Rule 69a

Second-reading agreement

Second-reading agreement

Where no motion to reject the Council's position, and no amendments to that position, are adopted under Rules 68 and 69 within the time limits set for tabling and voting on amendments or proposals to reject, the President shall announce in Parliament that the proposed act has been finally adopted. He shall, with the President of the Council, sign the proposed act and arrange for its publication in the Official Journal of the European Union, in accordance with Rule 78.

Where no proposal to reject the Council's position and no amendments to that position are tabled under Rules 67a and 69 within the time limits set for tabling and voting on amendments or proposals to reject, the President shall announce in Parliament that the proposed act has been finally adopted.

 

(This Rule shall be moved to the end of section 2 on second reading.)

Amendment 93

Parliament's Rules of Procedure

Rule 77

Present text

Amendment

Rule 77

deleted

Requirements for the drafting of legislative acts

 

1.    Acts adopted jointly by Parliament and the Council in accordance with the ordinary legislative procedure shall indicate the nature of the relevant act followed by the serial number, the date of its adoption and an indication of its subject-matter.

 

2.    Acts adopted jointly by Parliament and the Council shall contain the following:

 

(a)

‘The European Parliament and the Council of the European Union’;

 

(b)

a reference to the provisions under which the act is adopted, preceded by the words ‘Having regard to’;

 

(c)

a citation containing a reference to proposals submitted, opinions obtained and consultations held;

 

(d)

a statement of the reasons on which the act is based, introduced by the word ‘Whereas’;

 

(e)

a phrase such as ‘have adopted this Regulation’ or ‘have adopted this Directive’ or ‘have adopted this Decision’ or ‘have decided as follows’, followed by the body of the act.

 

3.    Acts shall be divided into articles, if appropriate grouped into chapters and sections.

 

4.    The last article of an act shall specify the date of entry into force, where that date is before or after the twentieth day following publication.

 

5.    The last article of an act shall be followed by:

 

the appropriate formulation, according to the relevant provisions of the Treaties, as to its applicability;

 

‘Done at …’, followed by the date on which the act was adopted;

 

‘For the European Parliament The President’, ‘For the Council The President’, followed by the name of the President of Parliament and of the President-in-Office of the Council at the time when the act was adopted.

 

Amendment 94

Parliament's Rules of Procedure

Rule 78

Present text

Amendment

Rule 78

Rule 78

Signing of adopted acts

Signing and publication of adopted acts

After finalisation of the text adopted in accordance with Rule 193 and once it has been verified that all the procedures have been duly completed, acts adopted in accordance with the ordinary legislative procedure shall be signed by the President and the Secretary-General and shall be published in the Official Journal of the European Union by the Secretaries-General of Parliament and of the Council .

After finalisation of the text adopted in accordance with Rule 193 and Annex XVIa and once it has been verified that all the procedures have been duly completed, acts adopted in accordance with the ordinary legislative procedure shall be signed by the President and the Secretary-General.

 

The Secretaries-General of Parliament and of the Council shall then arrange for the publication of the act in the Official Journal of the European Union.

Amendment 95

Parliament's Rules of Procedure

Title II — chapter 4 (new)

Present text

Amendment

 

CHAPTER 4

 

PROVISIONS SPECIFIC TO THE CONSULTATION PROCEDURE

 

(This shall be introduced after Rule 78)

Amendment 96

Parliament's Rules of Procedure

Rule 78 a (new)

Present text

Amendment

 

Rule 78a

 

Modified proposal for a legally binding act

 

If the Commission intends to replace or modify its proposal for a legally binding act, the committee responsible may postpone its examination of the matter until it has received the new proposal or the amendments of the Commission.

Amendment 97

Parliament's Rules of Procedure

Rule 78 b (new)

Present text

Amendment

 

Rule 78b

 

Commission position on amendments

 

Before the committee responsible proceeds to the final vote on a proposal for a legally binding act, it may ask the Commission to state its position on all the amendments to the proposal adopted by the committee.

 

If appropriate, that position shall be included in the report.

Amendment 98

Parliament's Rules of Procedure

Rule 78 c (new)

Present text

Amendment

 

Rule 78c

 

Vote in Parliament

 

Rule 59 (-1), (1), (1b) and (1c) shall apply mutatis mutandis.

Amendment 99

Parliament's Rules of Procedure

Rule 78 d (new)

Present text

Amendment

 

Rule 78d

 

Follow-up to Parliament's position

 

1.    In the period following the adoption by Parliament of its position on a draft legally binding act, the Chair and the rapporteur of the committee responsible shall monitor the progress of that draft act over the course of the procedure leading to its adoption by the Council, in particular in order to ensure that any undertakings given by the Council or the Commission to Parliament concerning its position are properly observed. They shall report back to the committee regularly.

 

2.    The committee responsible may invite the Commission and the Council to discuss the matter with it.

 

3.    At any stage of the follow-up procedure, the committee responsible may, if it deems it to be necessary, table a motion for a resolution recommending that Parliament:

 

call upon the Commission to withdraw its proposal,

 

call upon the Commission or the Council to refer the matter to Parliament once again pursuant to Rule 78e, or upon the Commission to present a new proposal, or

 

decide to take any other action that it deems to be appropriate.

 

This motion shall be placed on the draft agenda of the part-session following the adoption of the motion by the committee.

Amendment 100

Parliament's Rules of Procedure

Rule 78 e (new)

Present text

Amendment

 

Rule 78e

 

Renewed referral to Parliament

 

1.    At the request of the committee responsible, the President shall call on the Council to reconsult Parliament in the same circumstances and under the same conditions as those set out in Rule 63(1), as well as where the Council substantially amends or intends to amend the draft legally binding act on which Parliament originally delivered its position, except where this is done in order to incorporate Parliament's amendments.

 

2.    The President shall also request that a draft legally binding act be referred again to Parliament in the circumstances defined in this Rule where Parliament so decides on a proposal from a political group or at least 40 Members.

Amendment 101

Parliament's Rules of Procedure

Title II — chapter 7 — numbering

Present text

Amendment

CHAPTER 7

CHAPTER 5

CONSTITUTIONAL MATTERS

CONSTITUTIONAL MATTERS

Amendment 102

Parliament's Rules of Procedure

Rule 81

Present text

Amendment

Rule 81

Rule 81

Accession treaties

Accession treaties

1.   Any application by a European State to become a member of the European Union shall be referred for consideration to the committee responsible.

1.   Any application by a European State to become a member of the European Union in accordance with Article 49 of the Treaty on European Union shall be referred for consideration to the committee responsible.

2.   Parliament may decide, on a proposal from the committee responsible, a political group or at least 40 Members, to request the Commission and the Council to take part in a debate before negotiations with the applicant State commence.

2.   Parliament may decide, on a proposal from the committee responsible, a political group or at least 40 Members, to request the Commission and the Council to take part in a debate before negotiations with the applicant State commence.

3.    Throughout the negotiations the Commission and the Council shall inform the committee responsible regularly and fully of their progress, if necessary on a confidential basis.

3.    The committee responsible shall request the Commission and the Council to provide it with full and regular information about the progress of negotiations , if necessary on a confidential basis.

4.   At any stage of the negotiations Parliament may, on the basis of a report from the committee responsible, adopt recommendations and require these to be taken into account before the conclusion of a Treaty for the accession of an applicant State to the European Union.

4.   At any stage of the negotiations Parliament may, on the basis of a report from the committee responsible, adopt recommendations and require these to be taken into account before the conclusion of a Treaty for the accession of an applicant State to the European Union.

5.   When the negotiations are completed, but before any agreement is signed, the draft agreement shall be submitted to Parliament for consent in accordance with Rule 99.

5.   When the negotiations are completed, but before any agreement is signed, the draft agreement shall be submitted to Parliament for consent in accordance with Rule 99. In accordance with Article 49 of the Treaty on European Union, the consent of Parliament shall require the votes of a majority of its component members.

Amendment 103

Parliament's Rules of Procedure

Rule 83

Present text

Amendment

Rule 83

Rule 83

Breach by a Member State of fundamental principles

Breach by a Member State of fundamental principles and values

1.   Parliament may, on the basis of a specific report of the committee responsible drawn up in accordance with Rules 45 and 52:

1.   Parliament may, on the basis of a specific report of the committee responsible drawn up in accordance with Rules 45 and 52:

(a)

vote on a reasoned proposal calling on the Council to act pursuant to Article 7(1) of the Treaty on European Union;

(a)

vote on a reasoned proposal calling on the Council to act pursuant to Article 7(1) of the Treaty on European Union;

(b)

vote on a proposal calling on the Commission or the Member States to submit a proposal pursuant to Article 7(2) of the Treaty on European Union;

(b)

vote on a proposal calling on the Commission or the Member States to submit a proposal pursuant to Article 7(2) of the Treaty on European Union;

(c)

vote on a proposal calling on the Council to act pursuant to Article 7(3) or, subsequently, Article 7(4) of the Treaty on European Union.

(c)

vote on a proposal calling on the Council to act pursuant to Article 7(3) or, subsequently, Article 7(4) of the Treaty on European Union.

2.   Any request from the Council for consent in relation to a proposal submitted pursuant to Article 7(1) and (2) of the Treaty on European Union along with the observations submitted by the Member State in question shall be announced to Parliament and referred to the committee responsible in accordance with Rule 99. Except in urgent and justified circumstances, Parliament shall take its decision on a proposal from the committee responsible.

2.   Any request from the Council for consent in relation to a proposal submitted pursuant to Article 7(1) and (2) of the Treaty on European Union along with the observations submitted by the Member State in question shall be announced to Parliament and referred to the committee responsible in accordance with Rule 99. Except in urgent and justified circumstances, Parliament shall take its decision on a proposal from the committee responsible.

3.   Decisions under paragraphs 1 and 2 shall require a two-thirds majority of the votes cast, constituting a majority of Parliament's component Members.

3.    In accordance with Article 354 of the Treaty on the Functioning of the European Union, decisions under paragraphs 1 and 2 shall require a two-thirds majority of the votes cast, constituting a majority of Parliament's component Members.

4.   Subject to the authorisation of the Conference of Presidents, the committee responsible may submit an accompanying motion for a resolution. That motion for a resolution shall set out Parliament’s views on a serious breach by a Member State, on the appropriate sanctions and on varying or revoking those sanctions .

4.   Subject to the authorisation of the Conference of Presidents, the committee responsible may submit an accompanying motion for a resolution. That motion for a resolution shall set out Parliament's views on a serious breach by a Member State, on the appropriate measures to be taken and on varying or revoking those measures .

5.   The committee responsible shall ensure that Parliament is fully informed and, where necessary, asked for its views on all follow-up measures to its consent as given pursuant to paragraph 3. The Council shall be invited to outline developments as appropriate. On a proposal from the committee responsible, drawn up with the authorisation of the Conference of Presidents, Parliament may adopt recommendations to the Council.

5.   The committee responsible shall ensure that Parliament is fully informed and, where necessary, asked for its views on all follow-up measures to its consent as given pursuant to paragraph 3. The Council shall be invited to outline developments as appropriate. On a proposal from the committee responsible, drawn up with the authorisation of the Conference of Presidents, Parliament may adopt recommendations to the Council.

Amendment 104

Parliament's Rules of Procedure

Rule 84

Present text

Amendment

Rule 84

Rule 84

Composition of Parliament

Composition of Parliament

In due time before the end of a parliamentary term, Parliament may, on the basis of a report drawn up by its committee responsible in accordance with Rule 45, make a proposal to modify its composition. The European Council’s draft decision establishing the composition of Parliament shall be examined in accordance with Rule 99.

In due time before the end of a parliamentary term, Parliament may, on the basis of a report drawn up by its committee responsible in accordance with Article 14(2) of the Treaty on European Union and with Rules 45 and 52 , make a proposal to modify its composition. The European Council's draft decision establishing the composition of Parliament shall be examined in accordance with Rule 99.

Amendment 105

Parliament's Rules of Procedure

Rule 85

Present text

Amendment

Rule 85

Rule 85

Enhanced cooperation between Member States

Enhanced cooperation between Member States

1.   Requests for the introduction of enhanced cooperation between Member States pursuant to Article 20 of the Treaty on European Union shall be referred by the President to the committee responsible for consideration. Rules 39, 41, 43, 47, 57 to 63 and 99 shall apply as appropriate .

1.   Requests for the introduction of enhanced cooperation between Member States pursuant to Article 20 of the Treaty on European Union shall be referred by the President to the committee responsible for consideration. Rule 99 shall apply.

2.   The committee responsible shall verify compliance with Article 20 of the Treaty on European Union and Articles 326 to 334 of the Treaty on the Functioning of the European Union.

2.   The committee responsible shall verify compliance with Article 20 of the Treaty on European Union and Articles 326 to 334 of the Treaty on the Functioning of the European Union.

3.   Acts subsequently proposed under enhanced cooperation, once it is established, shall be dealt with in Parliament under the same procedures as when enhanced cooperation does not apply. Rule 47 shall apply.

3.   Acts subsequently proposed under enhanced cooperation, once it is established, shall be dealt with in Parliament under the same procedures as when enhanced cooperation does not apply. Rule 47 shall apply.

Amendment 106

Parliament's Rules of Procedure

Title II — chapter 8 — numbering

Present text

Amendment

CHAPTER 8

CHAPTER 6

BUDGETARY PROCEDURES

BUDGETARY PROCEDURES

Amendment 107

Parliament's Rules of Procedure

Rule 86

Present text

Amendment

Rule 86

Rule 86

Multiannual financial framework

Multiannual financial framework

Where the Council requests Parliament's consent concerning the proposal for a regulation laying down the multiannual financial framework, the matter shall be referred to the committee responsible in accordance with the procedure laid down in Rule 99. Parliament’s consent shall require the votes of a majority of its component Members.

Where the Council requests Parliament's consent concerning the proposal for a regulation laying down the multiannual financial framework, the matter shall be dealt with in accordance with Rule 99. In accordance with Article 312(2) of the Treaty on the Functioning of the European Union, Parliament's consent shall require the votes of a majority of its component Members.

Amendment 108

Parliament's Rules of Procedure

Rule 86 a (new)

Present text

Amendment

 

Rule 86 a

 

Annual budgetary procedure

 

The committee responsible may decide to draw up any report that is deemed to be appropriate concerning the budget, having regard to the Annex to the Interinstitutional Agreement of 2 December 2013 on budgetary discipline, on cooperation in budgetary matters and on sound financial management  (1a) .

 

Any other committee may deliver an opinion within the time limit set by the committee responsible.

Amendment 109

Parliament's Rules of Procedure

Rule 87

Present text

Amendment

Rule 87

deleted

Working documents

 

1.    The following documents shall be made available to Members:

 

(a)

the draft budget presented by the Commission;

 

(b)

a summary by the Council of its deliberations on the draft budget;

 

(c)

the Council’s position on the draft budget drawn up pursuant to Article 314(3) of the Treaty on the Functioning of the European Union;

 

(d)

any draft decision on the provisional twelfths pursuant to Article 315 of the Treaty on the Functioning of the European Union.

 

2.    Those documents shall be referred to the committee responsible. Any committee concerned may deliver an opinion.

 

3.    If other committees wish to deliver opinions, the President shall set the time limit within which these are to be communicated to the committee responsible.

 

Amendment 110

Parliament's Rules of Procedure

Rule 88

Present text

Amendment

Rule 88

Rule 88

Consideration of the draft budget - first stage

Parliament's position on the draft budget

1.    Subject to the conditions set out below, any Member may table and speak in support of draft amendments to the draft budget .

1.    Amendments to the Council's position on the draft budget may be tabled in the committee responsible by individual Members.

 

Amendments to the Council's position may be tabled in Parliament by at least 40 Members or on behalf of a committee or a political group .

2.    Draft amendments shall be admissible only if they are presented in writing, bear the signatures of at least 40 Members or are tabled on behalf of a political group or committee, specify the budget heading to which they refer and ensure the maintenance of a balance between revenue and expenditure. Draft amendments shall include all relevant information on the remarks to be entered against the budget heading in question .

2.   Amendments shall be presented and justified in writing, bear the signature of their authors and specify the budget line to which they refer.

All draft amendments to the draft budget must be justified in writing.

 

3.   The President shall set the time limit for the tabling of draft amendments.

3.   The President shall set the time limit for the tabling of amendments.

4.   The committee responsible shall deliver its opinion on the texts submitted before they are discussed in Parliament.

4.   The committee responsible shall vote on the amendments before they are discussed in Parliament.

Draft amendments which have been rejected in the committee responsible shall not be put to the vote in Parliament unless this has been requested in writing, before a deadline to be set by the President, by a committee or at least 40 Members; that deadline may on no account be less than 24 hours before the start of the vote.

4a.    Amendments tabled in Parliament which have been rejected in the committee responsible may only be put to the vote if this has been requested in writing, before a deadline to be set by the President, by a committee or by at least 40 Members; that deadline may on no account be less than 24 hours before the start of the vote.

5.    Draft amendments to the estimates of Parliament which are similar to those already rejected by Parliament at the time when the estimates were drawn up shall be discussed only where the committee responsible has delivered a favourable opinion.

5.   Amendments to the estimates of Parliament which are similar to those already rejected by Parliament at the time when the estimates were drawn up shall be discussed only where the committee responsible has delivered a favourable opinion.

6.    Notwithstanding Rule 59(2), Parliament shall take separate and successive votes on:

6.   Parliament shall take successive votes on:

each draft amendment ,

the amendments to Council's position on the draft budget , by section,

each section of the draft budget,

 

a motion for a resolution concerning the draft budget.

a motion for a resolution concerning the draft budget.

However, Rule 174(4) to (8) shall apply.

However, Rule 174(4) to (8a) shall apply.

7.   Articles, chapters, titles and sections of the draft budget in respect of which no draft amendments have been tabled shall be deemed adopted.

7.   Articles, chapters, titles and sections of the draft budget in respect of which no amendments have been tabled shall be deemed to have been adopted.

8.    Draft amendments shall require for adoption the votes of a majority of the component Members of Parliament.

8.    In accordance with Article 314(4)(a) of the Treaty on the Functioning of the European Union, amendments shall require for adoption the votes of a majority of the component Members of Parliament.

9.   If Parliament has amended the draft budget, the draft budget thus amended shall be forwarded to the Council and the Commission, together with the justifications.

9.   If Parliament has amended the Council's position on the draft budget , the position thus amended shall be forwarded to the Council and the Commission, together with the justifications and the minutes of the sitting at which the amendments were adopted.

10.    The minutes of the sitting at which Parliament delivered its opinion on the draft budget shall be forwarded to the Council and the Commission.

 

Amendment 111

Parliament's Rules of Procedure

Rule 89

Present text

Amendment

Rule 89

Rule 95a

Financial trilogue

Inter-institutional cooperation

The President shall participate in regular meetings between the Presidents of the European Parliament, the Council and the Commission convened, on the initiative of the Commission, under the budgetary procedures referred to in Title II of Part Six of the Treaty on the Functioning of the European Union. The President shall take all necessary steps to promote consultation and reconciliation of the positions of the institutions in order to facilitate the implementation of the procedures aforementioned.

In accordance with Article 324 of the Treaty on the Functioning of the European Union, the President shall participate in regular meetings between the Presidents of the European Parliament, the Council and the Commission convened, on the initiative of the Commission, under the budgetary procedures referred to in Title II of Part Six of the Treaty on the Functioning of the European Union. The President shall take all necessary steps to promote consultation and reconciliation of the positions of the institutions in order to facilitate the implementation of the procedures aforementioned.

The President of Parliament may delegate this task to a Vice-President having experience in budgetary matters or to the Chair of the committee responsible for budgetary issues.

The President of Parliament may delegate this task to a Vice-President having experience in budgetary matters or to the Chair of the committee responsible for budgetary issues.

 

(This Rule as amended shall be moved to the end of chapter on budgetary procedures, after Rule 95.)

Amendment 112

Parliament's Rules of Procedure

Rule 91

Present text

Amendment

Rule 91

Rule 91

Definitive adoption of the budget

Definitive adoption of the budget

Where the President is satisfied that the budget has been adopted in accordance with the provisions of Article 314 of the Treaty on the Functioning of the European Union, he shall declare in Parliament that the budget has been definitively adopted. He shall arrange for its publication in the Official Journal of the European Union.

Where the President considers that the budget has been adopted in accordance with the provisions of Article 314 of the Treaty on the Functioning of the European Union, he shall declare in Parliament that the budget has been definitively adopted. He shall arrange for its publication in the Official Journal of the European Union.

Amendment 113

Parliament's Rules of Procedure

Rule 93

Present text

Amendment

Rule 93

Rule 93

Discharge to the Commission in respect of implementation of the budget

Discharge to the Commission in respect of implementation of the budget

The provisions concerning the procedures for implementing the decision on the granting of discharge to the Commission in respect of the implementation of the budget in accordance with the financial provisions of the Treaty on the Functioning of the European Union and the Financial Regulation are attached to these Rules as an annex (11) . This annex shall be adopted in accordance with Rule 227(2) .

The provisions concerning the procedures for the granting of discharge to the Commission in respect of the implementation of the budget in accordance with the financial provisions of the Treaty on the Functioning of the European Union and the Financial Regulation are attached to these Rules as an annex (11).

Amendment 114

Parliament's Rules of Procedure

Rule 94

Present text

Amendment

Rule 94

Rule 94

Other discharge procedures

Other discharge procedures

The provisions governing the procedure for granting discharge to the Commission in respect of the implementation of the budget shall likewise apply to the procedure for granting discharge to:

The provisions governing the procedure for granting discharge to the Commission , in accordance with Article 319 of the Treaty on the Functioning of the European Union, in respect of the implementation of the budget, shall likewise apply to the procedure for granting discharge to:

the President of the European Parliament in respect of the implementation of the budget of the European Parliament;

the President of the European Parliament in respect of the implementation of the budget of the European Parliament;

the persons responsible for the implementation of the budgets of other institutions and bodies of the European Union such as the Council (as regards its activity as executive) , the Court of Justice of the European Union, the Court of Auditors, the European Economic and Social Committee and the Committee of the Regions;

the persons responsible for the implementation of the budgets of other institutions and bodies of the European Union such as the Council, the Court of Justice of the European Union, the Court of Auditors, the European Economic and Social Committee and the Committee of the Regions;

the Commission in respect of the implementation of the budget of the European Development Fund;

the Commission in respect of the implementation of the budget of the European Development Fund;

the bodies responsible for the budgetary management of legally independent entities which carry out Union tasks, insofar as their activities are subject to legal provisions requiring discharge by the European Parliament.

the bodies responsible for the budgetary management of legally independent entities which carry out Union tasks, insofar as their activities are subject to legal provisions requiring discharge by the European Parliament.

Amendment 115

Parliament's Rules of Procedure

Rule 95

Present text

Amendment

Rule 95

Rule 92a

Parliamentary control over implementation of the budget

Implementation of the budget

1.   Parliament shall monitor the implementation of the current year's budget. It shall entrust this task to the committees responsible for the budget and budgetary control and to the other committees concerned.

1.   Parliament shall monitor the implementation of the current year's budget. It shall entrust this task to the committees responsible for the budget and budgetary control and to the other committees concerned.

2.   Each year it shall consider, before the first reading of the draft budget for the following financial year, the problems involved in the implementation of the current budget, where appropriate on the basis of a motion for a resolution tabled by its committee responsible.

2.   Each year it shall consider, before its reading of the draft budget for the following financial year, the problems involved in the implementation of the current budget, where appropriate on the basis of a motion for a resolution tabled by its committee responsible.

 

(This Rule as amended shall be moved before Rule 93.)

Amendment 116

Parliament's Rules of Procedure

Title II — chapter 9 — numbering

Present text

Amendment

CHAPTER 9

CHAPTER 7

INTERNAL BUDGETARY PROCEDURES

INTERNAL BUDGETARY PROCEDURES

Amendment 117

Parliament's Rules of Procedure

Rule 98

Present text

Amendment

Rule 98

Rule 98

Power to incur and settle expenditure

Power to incur and settle expenditure , to approve accounts and to grant discharge

1.   The President shall incur and settle, or cause to be incurred and settled, the expenditure covered by the internal financial regulations issued by the Bureau after consulting the appropriate committee.

1.   The President shall incur and settle, or cause to be incurred and settled, the expenditure covered by the internal financial regulations issued by the Bureau after consulting the appropriate committee.

2.   The President shall forward the draft annual accounts to the committee responsible.

2.   The President shall forward the draft annual accounts to the committee responsible.

3.   On the basis of a report by the committee responsible, Parliament shall approve its accounts and decide on the granting of a discharge.

3.   On the basis of a report by the committee responsible, Parliament shall approve its accounts and decide on the granting of a discharge.

Amendment 118

Parliament's Rules of Procedure

Title II — chapter 10 — numbering

Present text

Amendment

CHAPTER 10

CHAPTER 8

CONSENT PROCEDURE

CONSENT PROCEDURE

Amendment 119

Parliament's Rules of Procedure

Rule 99

Present text

Amendment

Rule 99

Rule 99

Consent procedure

Consent procedure

1.   Where Parliament is asked to give its consent to a proposed act, it shall, when adopting its decision, take into account a recommendation from the committee responsible to approve or reject the act. The recommendation shall include citations but not recitals. It may include a short justification , which shall be the responsibility of the rapporteur and which shall not be put to the vote. Rule 56(1) shall apply mutatis mutandis. Amendments tabled in committee shall be admissible only if they aim to reverse the recommendation as proposed by the rapporteur.

1.   Where Parliament is asked to give its consent to a legally binding act, the committee responsible shall submit to Parliament a recommendation to approve or reject the proposed act.

 

The recommendation shall include citations but not recitals. Amendments in committee shall be admissible only if they aim to reverse the recommendation proposed by the rapporteur.

 

The recommendation may be accompanied by a short explanatory statement , which shall be the responsibility of the rapporteur and shall not be put to the vote. Rule 56(1) shall apply mutatis mutandis.

The committee responsible may table a motion for a non-legislative resolution . Other committees may be involved in drawing up the resolution in accordance with Rule 201(3) in conjunction with Rules 53, 54 or 55 .

1a.     If necessary, the committee responsible may also table a  report including a motion for a non-legislative resolution setting out the reasons why Parliament should give or refuse its consent and, where appropriate, making recommendations for the implementation of the proposed act .

 

1b.     The committee responsible shall deal with the request for consent without undue delay. If the committee responsible has not adopted its recommendation within six months after the request for consent was referred to it, the Conference of Presidents may either place the matter on the agenda for consideration at a subsequent part-session or, in duly substantiated cases, decide to extend the six-month period.

Parliament shall decide on the act requiring its consent under the Treaty on European Union or the Treaty on the Functioning of the European Union by means of a single vote on consent, irrespective of whether the recommendation from the committee responsible is to approve or reject the act, and no amendments may be tabled . The majority required for the adoption of the consent shall be the majority indicated in the article of the Treaty on European Union or the Treaty on the Functioning of the European Union that constitutes the legal basis for the proposed act or, where no majority is indicated therein, the majority of the votes cast . If the majority required is not obtained, the proposed act shall be deemed to have been rejected.

1c.    Parliament shall decide on the proposed act by means of a single vote on consent, irrespective of whether the recommendation from the committee responsible is to approve or reject the act, and no amendments may be tabled. If the majority required is not obtained, the proposed act shall be deemed to have been rejected.

2.    In addition, in the case of international agreements, accession treaties, the determination of a serious and persistent breach of fundamental principles by a Member State, the establishment of the composition of Parliament, the establishment of enhanced cooperation between Member States or the adoption of the multiannual financial framework, Rules 108, 81, 83, 84, 85 and 86 shall apply respectively.

 

3.   Where Parliament's consent is required for a proposal for a legislative act or an envisaged international agreement , the committee responsible may present an interim report to Parliament, including a motion for a resolution containing recommendations for modification or implementation of the proposed legislative act or envisaged international agreement .

3.   Where Parliament's consent is required, the committee responsible may , at any time, present an interim report to Parliament, including a motion for a resolution containing recommendations for modification or implementation of the proposed act.

4.    The committee responsible shall deal with the request for consent without undue delay. If the committee responsible decides not to give a recommendation, or has not adopted a recommendation within six months after the request for consent has been referred to it, the Conference of Presidents may either place the matter on the agenda for a subsequent part-session for consideration, or decide to extend the six-month period in duly substantiated cases.

 

Where Parliament's consent is required for an envisaged international agreement, Parliament may decide, on the basis of a recommendation from the committee responsible, to suspend the consent procedure for no longer than one year.

 

Amendment 120

Parliament's Rules of Procedure

Title II — chapter 11 — numbering

Present text

Amendment

CHAPTER 11

CHAPTER 9

OTHER PROCEDURES

OTHER PROCEDURES

Amendment 121

Parliament's Rules of Procedure

Rule 100

Present text

Amendment

Rule 100

Rule 100

Procedure for delivering opinions pursuant to Article 140 of the Treaty on the Functioning of the European Union

Procedure for delivering opinions on derogations to the adoption of the euro

1.   When Parliament is consulted on Council recommendations pursuant to Article 140(2) of the Treaty on the Functioning of the European Union, it shall , after the Council has presented those recommendations in plenary, deliberate on the basis of a  proposal submitted orally or in writing by its committee responsible and advocating approval or rejection of the recommendations on which Parliament has been consulted .

1.   When Parliament is consulted pursuant to Article 140(2) of the Treaty on the Functioning of the European Union, it shall deliberate on the basis of a  report by its committee responsible advocating approval or rejection of the proposed act .

2.   Parliament shall then take a single collective vote on the recommendations , to which no amendments may be tabled.

2.   Parliament shall then take a single vote on the proposed act , to which no amendments may be tabled.

Amendment 122

Parliament's Rules of Procedure

Rule 102

Present text

Amendment

Rule 102

Rule 102

Procedures for scrutiny of voluntary agreements

Procedures for scrutiny of envisaged voluntary agreements

1.   Where the Commission informs Parliament of its intention to explore the use of voluntary agreements as an alternative to legislation, the committee responsible may draw up a report on the substantive issue in question pursuant to Rule 52.

1.   Where the Commission informs Parliament of its intention to explore the use of voluntary agreements as an alternative to legislation, the committee responsible may draw up a report on the substantive issue in question pursuant to Rule 52.

2.   When the Commission announces that it intends to enter into a voluntary agreement, the committee responsible may table a motion for a resolution recommending approval or rejection of the proposal, and under what conditions.

2.   When the Commission announces that it intends to enter into a voluntary agreement, the committee responsible may table a motion for a resolution recommending approval or rejection of the proposal, and under what conditions.

Amendment 123

Parliament's Rules of Procedure

Rule 103

Present text

Amendment

Rule 103

Rule 103

Codification

Codification

1.   When a proposal for codification of Union legislation is submitted to Parliament, it shall be referred to the committee responsible for legal affairs. The latter shall examine it in accordance with the arrangements agreed at interinstitutional level (12) in order to ascertain that it is a straightforward codification, with no changes of a substantive nature.

1.   When a proposal for codification of Union legislation is submitted to Parliament, it shall be referred to the committee responsible for legal affairs. The latter shall examine it in accordance with the arrangements agreed at interinstitutional level (12) in order to ascertain that it is a straightforward codification, with no changes of a substantive nature.

2.   The committee which was responsible for the acts to be codified may, at its own request or at the request of the committee responsible for legal affairs, be asked to deliver an opinion on the desirability of codification.

2.   The committee which was responsible for the acts to be codified may, at its own request or at the request of the committee responsible for legal affairs, be asked to deliver an opinion on the desirability of codification.

3.   Amendments to the text of the proposal shall be inadmissible.

3.   Amendments to the text of the proposal shall be inadmissible.

However, at the rapporteur's request, the Chair of the committee responsible for legal affairs may submit for the latter’s approval , amendments relating to technical adaptations, provided that those adaptations are necessary in order to ensure that the proposal complies with the codification rules and that they do not involve any substantive change to the proposal.

However, at the rapporteur's request, the Chair of the committee responsible for legal affairs may submit for the latter's approval technical adaptations, provided that those adaptations are necessary in order to ensure that the proposal complies with the codification rules and that they do not involve any substantive change to the proposal.

4.   If the committee responsible for legal affairs concludes that the proposal does not entail any substantive change to Union legislation, it shall refer it to Parliament for approval.

4.   If the committee responsible for legal affairs concludes that the proposal does not entail any substantive change to Union legislation, it shall refer it to Parliament for approval.

If the committee takes the view that the proposal entails a substantive change, it shall propose that Parliament reject the proposal.

If the committee takes the view that the proposal entails a substantive change, it shall propose that Parliament reject the proposal.

In either case, Parliament shall take a decision by means of a single vote, without amendment or debate.

In either case, Parliament shall take a decision by means of a single vote, without amendment or debate.

Amendment 124

Parliament's Rules of Procedure

Rule 104

Present text

Amendment

Rule 104

Rule 104

Recasting

Recasting

1.   When a proposal recasting Union legislation is submitted to Parliament, that proposal shall be referred to the committee responsible for legal affairs and to the committee responsible for the subject-matter.

1.   When a proposal recasting Union legislation is submitted to Parliament, that proposal shall be referred to the committee responsible for legal affairs and to the committee responsible for the subject-matter.

2.   The committee responsible for legal affairs shall examine the proposal in accordance with the arrangements agreed at interinstitutional level (13) with a view to checking that it entails no substantive changes other than those identified as such in the proposal.

2.   The committee responsible for legal affairs shall examine the proposal in accordance with the arrangements agreed at interinstitutional level (13) with a view to checking that it entails no substantive changes other than those identified as such in the proposal.

For the purpose of that examination, amendments to the text of the proposal shall be inadmissible. However, the second subparagraph of Rule 103(3) shall apply to provisions which remain unchanged in the recasting proposal.

For the purpose of that examination, amendments to the text of the proposal shall be inadmissible. However, the second subparagraph of Rule 103(3) shall apply to provisions which remain unchanged in the recasting proposal.

3.   If the committee responsible for legal affairs considers that the proposal does not entail any substantive changes other than those identified as such in the proposal, it shall inform the committee responsible.

3.   If the committee responsible for legal affairs considers that the proposal does not entail any substantive changes other than those identified as such in the proposal, it shall inform the committee responsible.

In such a case, over and above the conditions laid down in Rules 169 and 170, amendments shall be admissible within the committee responsible for the subject-matter only if they concern those parts of the proposal which contain changes.

In such a case, over and above the conditions laid down in Rules 169 and 170, amendments shall be admissible within the committee responsible for the subject-matter only if they concern those parts of the proposal which contain changes.

However, if in accordance with point 8 of the Interinstitutional Agreement the committee responsible intends also to submit amendments to the codified parts of the proposal, it shall immediately notify its intention to the Council and to the Commission, and the latter should inform the committee, prior to the vote pursuant to Rule 58, of its position on the amendments and whether or not it intends to withdraw the recast proposal .

However, amendments to parts of the proposal which remain unchanged may, by way of exception and on a case-by-case basis, be accepted by the Chair of the committee responsible for the subject matter if he or she considers that this is necessary for pressing reasons relating to the internal logic of the text or because the amendments are inextricably linked to other admissible amendments. Such reasons must be stated in a written justification to the amendments .

4.   If the committee responsible for legal affairs considers that the proposal entails substantive changes other than those which have been identified as such in the proposal, it shall propose that Parliament reject the proposal and shall inform the committee responsible for the subject-matter that it has done so.

4.   If the committee responsible for legal affairs considers that the proposal entails substantive changes other than those which have been identified as such in the proposal, it shall propose that Parliament reject the proposal and shall inform the committee responsible for the subject-matter that it has done so.

In such a case the President shall ask the Commission to withdraw the proposal. If the Commission does so, the President shall hold the procedure to be superfluous and shall inform the Council accordingly. If the Commission does not withdraw its proposal, Parliament shall refer the matter back to the committee responsible for the subject-matter, which shall consider it in accordance with the normal procedure.

In such a case the President shall ask the Commission to withdraw the proposal. If the Commission does so, the President shall hold the procedure to be superfluous and shall inform the Council accordingly. If the Commission does not withdraw its proposal, Parliament shall refer the matter back to the committee responsible for the subject-matter, which shall consider it in accordance with the normal procedure.

Amendment 125

Parliament's Rules of Procedure

Title II — chapter 9a (new)

Present text

Amendment

 

CHAPTER 9A

 

DELEGATED AND IMPLEMENTING ACTS

Amendment 126

Parliament's Rules of Procedure

Rule 105

Present text

Amendment

Rule 105

Rule 105

Delegated acts

Delegated acts

1.   When the Commission forwards a delegated act to Parliament, the President shall refer it to the committee responsible for the basic legislative act, which may decide to appoint a rapporteur to consider one or more delegated acts.

1.   When the Commission forwards a delegated act to Parliament, the President shall refer it to the committee responsible for the basic legislative act, which may decide to designate one of its members to consider one or more delegated acts.

2.   The President shall announce to Parliament the date on which the act was received in all the official languages and the period during which objections may be raised. The period in question shall commence on that date .

2.    During the part-session following its reception, the President shall announce to Parliament the date on which the delegated act was received in all the official languages and the period during which objections may be raised. The period in question shall commence on the date of reception .

The announcement shall be published in the minutes of the sitting together with the name of the committee responsible.

The announcement shall be published in the minutes of the sitting together with the name of the committee responsible.

3.   In accordance with the provisions of the basic legislative act and — if the committee responsible considers it appropriate to do so — after consulting any committees concerned, the committee responsible may table a reasoned motion for a resolution . That motion for a resolution shall state the reasons for Parliament’s objections and may incorporate a request to the Commission to submit a new delegated act which takes account of Parliament’s recommendations .

3.   In accordance with the provisions of the basic legislative act and — if the committee responsible considers it appropriate to do so — after consulting any committees concerned, the committee responsible may table a reasoned motion for a resolution objecting to the delegated act. If, 10 working days prior to the start of the part-session of which the Wednesday falls before and closest to the day of expiry of the deadline referred to in paragraph 5, the committee responsible has not tabled such a motion for a resolution , a political group or at least 40 Members may table a motion for a resolution on the matter for inclusion on the agenda for the part-session referred to above .

4.    If, 10 working days prior to the start of the part-session the Wednesday of which falls before and closest to the day of expiry of the deadline referred to in paragraph 5, the committee responsible has not tabled a motion for a resolution, a political group or at least 40 Members may table a motion for a resolution on the matter for inclusion on the agenda for the part-session referred to above.

 

 

4a.     Any motion for a resolution tabled in accordance with paragraph 3 shall state the reasons for Parliament's objections and may incorporate a request calling on the Commission to submit a new delegated act which takes account of Parliament's recommendations.

5.   Parliament shall take a decision  — by the deadline laid down in the basic legislative act and by the majority stipulated in Article 290 of the Treaty on the Functioning of the European Union  — on any motion for a resolution tabled.

5.   Parliament shall approve such a motion by the deadline laid down in the basic legislative act and , in accordance with Article 290(2) of the Treaty on the Functioning of the European Union, by the majority of its component Members .

Where the committee responsible considers that it is appropriate to extend the deadline for raising objections to the delegated act in accordance with the basic legislative act, the committee chair shall notify the Council and the Commission, on behalf of Parliament, of that extension.

Where the committee responsible considers that it is appropriate to extend the deadline for raising objections to the delegated act in accordance with the provisions of the basic legislative act, the committee chair shall notify the Council and the Commission, on behalf of Parliament, of that extension.

6.   If the committee responsible recommends that, prior to the expiry of the deadline set in the basic legislative act, Parliament should declare that it has no objections to the delegated act:

6.   If the committee responsible recommends that, prior to the expiry of the deadline set in the basic legislative act, Parliament should declare that it has no objections to the delegated act:

it shall inform the Chair of the Conference of Committee Chairs by means of a letter setting out its reasons and table a recommendation to that effect;

it shall inform the Chair of the Conference of Committee Chairs by means of a letter setting out its reasons and table a recommendation to that effect;

if no objections are raised at the next meeting of the Conference of Committee Chairs, or, on grounds of urgency, by written procedure, the Chair of that body shall inform the President of Parliament, who shall in turn inform the plenary as soon as possible;

if no objections are raised at the next meeting of the Conference of Committee Chairs, or, on grounds of urgency, by written procedure, the Chair of that body shall inform the President of Parliament, who shall in turn inform the plenary as soon as possible;

if, within 24 hours following the announcement in plenary, a political group or at least 40 Members object to the recommendation, it shall be put to the vote;

if, within 24 hours following the announcement in plenary, a political group or at least 40 Members object to the recommendation, it shall be put to the vote;

if, within the same period, no objections are raised, the proposed recommendation shall be deemed to have been approved;

if, within the same period, no objections are raised, the proposed recommendation shall be deemed to have been approved;

the adoption of such a recommendation shall render inadmissible any subsequent proposal objecting to the delegated act.

the adoption of such a recommendation shall render inadmissible any subsequent proposal objecting to the delegated act.

7.   The committee responsible may, in accordance with the provisions of the basic legislative act, submit to Parliament a  reasoned motion for a resolution revoking, in full or in part, the delegation of powers provided for by that act. Parliament shall take a decision by the majority stipulated in Article 290 of the Treaty on the Functioning of the European Union .

7.   The committee responsible may, in accordance with the provisions of the basic legislative act, submit to Parliament a motion for a resolution revoking, in full or in part, the delegation of powers or opposing the tacit extension of the delegation of powers provided for by that act.

 

In accordance with Article 290(2) of the Treaty on the Functioning of the European Union, a decision to revoke the delegation of powers shall require the votes of a majority of Parliament’s component Members .

8.   The President shall inform the Council and Commission of the positions taken under this Rule.

8.   The President shall inform the Council and Commission of the positions taken under this Rule.

Amendment 127

Parliament's Rules of Procedure

Rule 106

Present text

Amendment

Rule 106

Rule 106

Implementing acts and measures

Implementing acts and measures

1.   When the Commission forwards a draft implementing act or measure to Parliament, the President shall refer it to the committee responsible for the basic legislative act, which may decide to appoint a rapporteur to consider one or more draft implementing acts.

1.   When the Commission forwards a draft implementing act or measure to Parliament, the President shall refer it to the committee responsible for the basic legislative act, which may decide to designate one of its members to consider one or more draft implementing acts or measures .

2.   The committee responsible may table a reasoned motion for a resolution stating that a draft implementing act or measure goes beyond the implementing powers provided for in the basic legislative act or is not consistent with Union law in other respects.

2.   The committee responsible may table a reasoned motion for a resolution stating that a draft implementing act or measure goes beyond the implementing powers provided for in the basic legislative act or is not consistent with Union law in other respects.

3.   The motion for a resolution may incorporate a request to the Commission to withdraw the act, the measure or the draft act or measure, to amend it in keeping with the objections raised by Parliament, or to submit a new legislative proposal. The President shall inform the Council and the Commission of the decision taken.

3.   The motion for a resolution may incorporate a request to the Commission to withdraw the draft implementing act or measure, to amend it in keeping with the objections raised by Parliament, or to submit a new legislative proposal. The President shall inform the Council and the Commission of the decision taken.

4.   If the implementing acts envisaged by the Commission fall under the regulatory procedure with scrutiny provided for by Council Decision 1999/468/EC laying down procedures for the exercise of the implementing powers conferred on the Commission, the following additional provisions shall apply:

4.   If the implementing acts envisaged by the Commission fall under the regulatory procedure with scrutiny provided for by Council Decision 1999/468/EC laying down procedures for the exercise of the implementing powers conferred on the Commission, the following additional provisions shall apply:

(a)

the time for scrutiny shall start to run when the draft of measures has been submitted to Parliament in all the official languages. Where the shorter time limit for scrutiny provided for in Article 5a(5)(b) of Council Decision 1999/468/EC applies, and in the urgent cases provided for in Article 5a(6) of Decision 1999/468/EC, the time for scrutiny shall, unless the Chair of the committee responsible objects, start to run from the date of receipt by Parliament of the final draft implementing measures in the language versions submitted to the members of the committee set up in accordance with Decision 1999/468/EC. Rule 158 shall not apply in this case ;

(a)

the time for scrutiny shall start to run when the draft implementing measure has been submitted to Parliament in all the official languages. Where the shorter time limit for scrutiny provided for in Article 5a(5)(b) of Council Decision 1999/468/EC applies, and in the urgent cases provided for in Article 5a(6) of Decision 1999/468/EC, the time for scrutiny shall, unless the Chair of the committee responsible objects, start to run from the date of receipt by Parliament of the final draft implementing measure in the language versions submitted to the members of the committee set up in accordance with Decision 1999/468/EC. Rule 158 shall not apply in the two instances mentioned in the previous sentence ;

(b)

if the draft implementing measure is based on paragraph 5 or 6 of Article 5a of Decision 1999/468/EC, which prescribes curtailed time limits for opposition by Parliament, a motion for a resolution opposing the adoption of the draft measure may be tabled by the chair of the committee responsible if that committee has not been able to meet in the time available;

(b)

if the draft implementing measure is based on paragraph 5 or 6 of Article 5a of Decision 1999/468/EC, which prescribes curtailed time limits for opposition by Parliament, a motion for a resolution opposing the adoption of the draft measure may be tabled by the chair of the committee responsible if that committee has not been able to meet in the time available;

(c)

Parliament, acting by a majority of its component Members, may oppose the adoption of the draft implementing measure by indicating that the draft exceeds the implementing powers provided for in the basic act, is not compatible with the aim or the content of the basic act or does not respect the principles of subsidiarity or proportionality;

(c)

Parliament, acting by a majority of its component Members, may adopt a resolution opposing the adoption of the draft implementing measure and indicating that the draft exceeds the implementing powers provided for in the basic act, is not compatible with the aim or the content of the basic act or does not respect the principles of subsidiarity or proportionality;

 

If, 10 working days prior to the start of the part-session of which the Wednesday falls before and closest to the day of expiry of the deadline for opposing the adoption of the draft implementing measure, the committee responsible has not tabled a motion for such a resolution, a political group or at least 40 Members may table a motion for a resolution on the matter for inclusion on the agenda for the part-session referred to above.

(d)

if the committee responsible , in response to a duly substantiated request from the Commission, recommends, by means of a letter to the Chair of the Conference of Committee Chairs setting out its reasons, that Parliament should declare that it has no objections to the proposed measure prior to the expiry of the normal time limit laid down in Article 5a(3)(c) and/or Article 5a(4)(e) of Decision 1999/468/EC, the procedure provided for in Rule 105(6) shall apply.

(d)

if the committee responsible recommends, by means of a letter to the Chair of the Conference of Committee Chairs setting out its reasons, that Parliament should declare that it has no objections to the proposed measure prior to the expiry of the normal time limit laid down in Article 5a(3)(c) and/or Article 5a(4)(e) of Decision 1999/468/EC, the procedure provided for in Rule 105(6) shall apply.

Amendment 128

Parliament's Rules of Procedure

Rule 108

Present text

Amendment

Rule 108

Rule 108

International agreements

International agreements

1.   When it is intended to open negotiations on the conclusion, renewal or amendment of an international agreement, the committee responsible may decide to draw up a report or otherwise monitor the procedure and inform the Conference of Committee Chairs of that decision. Where appropriate, other committees may be asked for an opinion pursuant to Rule 53(1). Rules 201(2), 54 or 55 shall apply where appropriate.

1.   When it is intended to open negotiations on the conclusion, renewal or amendment of an international agreement, the committee responsible may decide to draw up a report or otherwise monitor this preparatory phase. It shall inform the Conference of Committee Chairs of that decision.

The Chairs and rapporteurs of the committee responsible and of any associated committees shall jointly take appropriate action to ensure that Parliament is provided with immediate, regular and full information, if necessary on a confidential basis, at all stages of the negotiation and conclusion of international agreements, including the draft and the finally adopted text of negotiating directives, and with the information referred to in paragraph 3,

 

by the Commission in accordance with its obligations under the Treaty on the Functioning of the European Union and its commitments under the Framework Agreement on relations between the European Parliament and the European Commission, and

 

by the Council in accordance with its obligations under the Treaty on the Functioning of the European Union.

 

 

1a.     The committee responsible shall, as soon as possible, ascertain from the Commission, the chosen legal basis for concluding the international agreements referred to in paragraph 1. The committee responsible shall verify that chosen legal basis in accordance with Rule 39.

2.   Parliament may, on a proposal from the committee responsible, a political group or at least 40 Members, ask the Council not to authorise the opening of negotiations until Parliament has stated its position on the proposed negotiating mandate on the basis of a report from the committee responsible.

2.   Parliament may, on a proposal from the committee responsible, a political group or at least 40 Members, ask the Council not to authorise the opening of negotiations until Parliament has stated its position on the proposed negotiating mandate on the basis of a report from the committee responsible.

3.    The committee responsible shall ascertain from the Commission, at the time when the negotiations are scheduled to start, the chosen legal basis for concluding the international agreements referred to in paragraph 1. The committee responsible shall verify the chosen legal basis in accordance with Rule 39. Where the Commission fails to designate a legal basis, or where there is doubt about its appropriateness, Rule 39 shall apply.

 

4.   At any stage of the negotiations and from the end of the negotiations to the conclusion of the international agreement, Parliament may, on the basis of a report from the committee responsible, and after considering any relevant proposal tabled pursuant to Rule 134 , adopt recommendations and require them to be taken into account before the conclusion of that agreement.

4.   At any stage of the negotiations and from the end of the negotiations to the conclusion of the international agreement, Parliament may, on the basis of a report from the committee responsible, drawn up on its own initiative or after considering any relevant proposal tabled by a political group or at least 40 Members , adopt recommendations to the Council, the Commission or the Vice President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy and require them to be taken into account before the conclusion of that agreement.

5.   Requests by the Council for Parliament's consent or opinion shall be referred by the President to the committee responsible for consideration in accordance with Rule 99 or Rule 47(1).

5.   Requests by the Council for Parliament's consent or opinion shall be referred by the President to the committee responsible for consideration in accordance with Rule 99 or Rule 47(1).

6.   Before the vote is taken , the committee responsible , a political group or at least one-tenth of the Members may propose that Parliament seek an opinion from the Court of Justice on the compatibility of an international agreement with the Treaties. If Parliament approves such a proposal, the vote shall be adjourned until the Court has delivered its opinion (14).

6.    At any time before Parliament votes on a request for consent or opinion , the committee responsible or at least one-tenth of Parliament’s component Members may propose that Parliament seek an opinion from the Court of Justice on the compatibility of an international agreement with the Treaties.

 

Before Parliament votes on that proposal, the President may request the opinion of the committee responsible for legal affairs, which shall report its conclusions to Parliament.

 

If Parliament approves the proposal to seek an opinion from the Court of Justice , the vote on a request for consent or opinion shall be adjourned until the Court has delivered its opinion.

7.   Parliament shall give its opinion on, or its consent to, the conclusion, renewal or amendment of an international agreement or a financial protocol concluded by the European Union in a single vote by a majority of the votes cast. No amendments to the text of the agreement or protocol shall be admissible .

7.    Where Parliament is requested to give its consent to the conclusion, renewal or amendment of an international agreement , it shall decide by a single vote in accordance with Rule 99.

 

If Parliament declines to give its consent, the President shall inform the Council that the agreement in question cannot be concluded, renewed or amended.

 

Without prejudice to Rule 99(1b), Parliament may decide, on the basis of a recommendation from the committee responsible, to postpone its decision on the consent procedure for no longer than one year .

8.   If the opinion adopted by Parliament is unfavourable, the President shall ask the Council not to conclude the agreement in question.

8.    Where Parliament is requested to give its opinion on the conclusion, renewal or amendment of an international agreement, no amendments to the text of the agreement shall be admissible. Without prejudice to Rule 170(1), amendments to the draft Council decision shall be admissible.

 

If the opinion adopted by Parliament is unfavourable, the President shall ask the Council not to conclude the agreement in question.

9.    If Parliament declines to consent to an international agreement, the President shall inform the Council that the agreement in question cannot be concluded.

 

 

9a.     The Chairs and rapporteurs of the committee responsible and of any associated committees shall jointly check that, in accordance with Article 218(10) of the Treaty on the Functioning of the European Union, the Council, the Commission and the Vice-President of theCommission/High Representative of the Union for Foreign Affairs and Security Policy provide Parliament with immediate, regular and full information, if necessary on a confidential basis, at all stages of the preparations for the negotiation, the negotiation and the conclusion of international agreements, including information on the draft and the finally adopted text of negotiating directives, as well as information relating to the implementation of those agreements.

 

Amendment 129

Parliament's Rules of Procedure

Rule 109

Present text

Amendment

Rule 109

Rule 109

Procedures based on Article 218 of the Treaty on the Functioning of the European Union in the case of the provisional application or suspension of international agreements or establishment of the Union's position in a body set up by an international agreement

Provisional application or suspension of the application of international agreements or establishment of the Union's position in a body set up by an international agreement

Where the Commission , in accordance with its obligations under the Treaty on the Functioning of the European Union and the Framework Agreement on relations between the European Parliament and the European Commission, informs Parliament and the Council of its intention to propose the provisional application or suspension of an international agreement, a statement shall be made in Parliament, followed by a debate. Parliament may issue recommendations pursuant to Rule 108 or 113.

Where the Commission or the Vice-President/High Representative informs Parliament and the Council of its intention to propose the provisional application or suspension of an international agreement , Parliament may invite the Council, the Commission or the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy to make a statement, following which there shall be a debate. Parliament may issue recommendations on the basis of a report by the committee responsible or pursuant to Rule 113, which may include, in particular, the request to the Council not to provisionally apply an agreement until the Parliament has given consent .

The same procedure shall apply when the Commission informs Parliament of a proposal concerning the positions to be adopted on the Union's behalf in a body set up by an international agreement.

The same procedure shall apply when the Commission or the Vice-President/High Representative proposes positions to be adopted on the Union's behalf in a body set up by an international agreement.

Amendment 130

Parliament's Rules of Procedure

Rule 110

Present text

Amendment

Rule 110

Rule 110

Special representatives

Special representatives

1.   Where the Council intends to appoint a special representative under Article 33 of the Treaty on European Union, the President, at the request of the committee responsible, shall invite the Council to make a statement and answer questions concerning the mandate, the objectives and other relevant matters relating to the tasks and role to be performed by the special representative.

1.   Where the Council intends to appoint a special representative under Article 33 of the Treaty on European Union, the President, at the request of the committee responsible, shall invite the Council to make a statement and answer questions concerning the mandate, the objectives and other relevant matters relating to the tasks and role to be performed by the special representative.

2.   Once the special representative has been appointed, but prior to taking up the position, the appointee may be invited to appear before the committee responsible to make a statement and answer questions.

2.   Once the special representative has been appointed, but prior to taking up the position, the appointee may be invited to appear before the committee responsible to make a statement and answer questions.

3.   Within three months of the hearing, the committee may propose a recommendation pursuant to Rule 134 relating directly to the statement made and answers provided .

3.   Within two months of the hearing, the committee responsible may make recommendations to the Council, the Commission or the Vice President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy relating directly to the appointment .

4.   The special representative shall be invited to keep Parliament fully and regularly informed as to the practical implementation of the mandate.

4.   The special representative shall be invited to keep Parliament fully and regularly informed as to the practical implementation of the mandate.

5.    A special representative appointed by the Council with a mandate in relation to particular policy issues may be invited by Parliament, or may ask to be invited, to make a statement to the committee responsible.

 

Amendment 131

Parliament's Rules of Procedure

Rule 111

Present text

Amendment

Rule 111

Rule 111

International representation

International representation

1.   When the head of a Union external delegation is to be appointed, the nominee may be invited to appear before the relevant body of Parliament to make a statement and answer questions.

1.   When the head of a Union external delegation is to be appointed, the nominee may be invited to appear before the committee responsible to make a statement and answer questions.

2.   Within three months of the hearing provided for in paragraph 1, the committee responsible may adopt a resolution or make a recommendation, as appropriate, relating directly to the statement made and the answers provided .

2.   Within two months of the hearing provided for in paragraph 1, the committee responsible may adopt a resolution or make a recommendation, as appropriate, relating directly to the appointment .

Amendment 132

Parliament's Rules of Procedure

Rule 112

Present text

Amendment

Rule 112

Rule 113a

Consultation of, and provision of information to, Parliament within the framework of the common foreign and security policy

Consultation of, and provision of information to, Parliament within the framework of the common foreign and security policy

1.   When Parliament is consulted pursuant to Article 36 of the Treaty on European Union, the matter shall be referred to the committee responsible which may make recommendations pursuant to Rule 113.

1.   When Parliament is consulted pursuant to Article 36 of the Treaty on European Union, the matter shall be referred to the committee responsible, which may draw up draft recommendations pursuant to Rule 113.

2.   The committees concerned shall seek to ensure that the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy provides them with regular and timely information on the development and implementation of the Union's common foreign and security policy, on the costs envisaged each time that a decision entailing expenditure is adopted under that policy and on any other financial considerations relating to the implementation of actions under that policy. Exceptionally, at the request of the Vice-President/High Representative, a committee may decide to hold its proceedings in camera.

2.   The committees concerned shall seek to ensure that the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy provides them with regular and timely information on the development and implementation of the Union's common foreign and security policy, on the costs envisaged each time that a decision entailing expenditure is adopted under that policy and on any other financial considerations relating to the implementation of actions under that policy. Exceptionally, at the request of the Vice-President/High Representative, a committee may decide to hold its proceedings in camera.

3.   Twice a year, a debate shall be held on the consultative document drawn up by the Vice-President/High Representative on the main aspects and basic choices of the common foreign and security policy, including the common security and defence policy and the financial implications for the Union budget. The procedures laid down in Rule 123 shall apply.

3.   Twice a year, a debate shall be held on the consultative document drawn up by the Vice-President/High Representative on the main aspects and basic choices of the common foreign and security policy, including the common security and defence policy and the financial implications for the Union budget. The procedures laid down in Rule 123 shall apply.

(See also interpretation under Rule 134.)

 

4.   The Vice-President/High Representative shall be invited to every plenary debate that involves either foreign, security or defence policy.

4.   The Vice-President/High Representative shall be invited to every plenary debate that involves either foreign, security or defence policy.

 

(This Rule as amended shall be moved after Rule 113 and consequently included in the newly created Chapter 2a.)

Amendment 133

Parliament's Rules of Procedure

Title III — chapter 2 a — title (new)

Present text

Amendment

 

CHAPTER 2A

 

RECOMMENDATIONS ON THE UNION’S EXTERNAL ACTION

 

(To be introduced before Rule 113)

Amendment 134

Parliament's Rules of Procedure

Rule 113

Present text

Amendment

Rule 113

Rule 113

Recommendations within the framework of the common foreign and security policy

Recommendations on the Union's external policies

1.   The committee responsible for the common foreign and security policy may draw up recommendations to the Council in its areas of responsibility after obtaining authorisation from the Conference of Presidents or on a proposal under Rule 134 .

1.   The committee responsible may draw up draft recommendations to the Council, the Commission or the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy on subjects under Title V of the Treaty on European Union (the Union's external action) or in cases where an international agreement falling within the scope of Rule 108 has not been referred to Parliament or Parliament has not been informed thereof under Rule 109 .

2.   In urgent cases the authorisation referred to in paragraph 1 may be granted by the President , who may likewise authorise an emergency meeting of the committee concerned.

2.   In urgent cases, the President may authorise an emergency meeting of the committee concerned.

3.   During the procedure for adopting these recommendations , which must be put to the vote in the form of a written text , Rule 158 shall not apply and oral amendments shall be admissible .

3.   During the procedure for adopting these draft recommendations at committee stage, it shall be necessary for a written text to be put to the vote .

The non-application of Rule 158 is possible only in committee and only in urgent cases. There may be no departure from the provisions of Rule 158 either in committee meetings not declared to be urgent or in plenary sitting.

 

The provision stating that oral amendments are admissible means that Members may not object to oral amendments being put to the vote in committee.

 

 

3a.     In the urgent cases referred to in paragraph 2, Rule 158 shall not apply at committee stage and oral amendments shall be admissible. Members may not object to oral amendments being put to the vote in committee.

4.   Recommendations drawn up in this way shall be included on the agenda for the next part-session. In urgent cases decided upon by the President, recommendations may be included on the agenda for a current part-session. Recommendations shall be deemed adopted unless, before the beginning of the part-session, at least 40 Members submit a written objection, in which case the committee's recommendations shall be included on the agenda of the same part-session for debate and voting. A political group or at least 40 Members may table amendments.

4.    The draft recommendations drawn up by the committee shall be included on the agenda for the next part-session. In urgent cases decided upon by the President, recommendations may be included on the agenda for a current part-session.

 

4a.     Recommendations shall be deemed to have been adopted unless, before the beginning of the part-session, at least 40 Members submit a written objection. Where such an objection is submitted, the committee's draft recommendations shall be included on the agenda of the same part-session. Such recommendations shall be the subject of a debate, and any amendment tabled by a political group or at least 40 Members shall be put to the vote.

Amendment 135

Parliament's Rules of Procedure

Rule 114

Present text

Amendment

Rule 114

Rule 114

Breach of human rights

Breach of human rights

At each part-session, without requiring authorisation, the committees responsible may each table a motion for a resolution under the same procedure as laid down in Rule 113(4) concerning cases of breaches of human rights.

At each part-session, without requiring authorisation, the committees responsible may each table a motion for a resolution under the same procedure as laid down in Rule 113(4) and (4a ) concerning cases of breaches of human rights.

Amendment 136

Parliament's Rules of Procedure

Rule 115

Present text

Amendment

Rule 115

Rule 115

Transparency of Parliament's activities

Transparency of Parliament's activities

1.   Parliament shall ensure that its activities are conducted with the utmost transparency, in accordance with the second paragraph of Article 1 of the Treaty on European Union, Article 15 of the Treaty on the Functioning of the European Union and Article 42 of the Charter of Fundamental Rights of the European Union.

1.   Parliament shall ensure that its activities are conducted with the utmost transparency, in accordance with the second paragraph of Article 1 of the Treaty on European Union, Article 15 of the Treaty on the Functioning of the European Union and Article 42 of the Charter of Fundamental Rights of the European Union.

2.   Debates in Parliament shall be public.

2.   Debates in Parliament shall be public.

3.   Committees shall normally meet in public. They may, however, decide, at the latest when the agenda for a meeting is adopted, to divide that agenda into items open to the public and items closed to the public. However, if a meeting is held in camera, the committee may , subject to Article 4(1) to (4) of Regulation (EC) No 1049/2001 of the European Parliament and of the Council, open documents and minutes from the meeting to public access. Rule 166 shall apply in the event of any breach of the rules governing confidentiality.

3.   Committees shall normally meet in public. They may, however, decide, at the latest when the agenda for a meeting is adopted, to divide that agenda into items open to the public and items closed to the public. However, if a meeting is held in camera, the committee may decide to make documents from the meeting available for public access.

4.    Consideration by the committee responsible of requests relating to procedures on immunity under Rule 9 shall always take place in camera.

 

Amendment 137

Parliament's Rules of Procedure

Rule 116

Present text

Amendment

Rule 116

Rule 116

Public access to documents

Public access to documents

1.   Any citizen of the Union and any natural or legal person residing or having its registered office in a Member State has a right of access to Parliament documents in accordance with Article 15 of the Treaty on the Functioning of the European Union, subject to the principles, conditions and limits laid down in Regulation (EC) No 1049/2001 of the European Parliament and of the Council and pursuant to the specific provisions contained in these Rules of Procedure .

1.   Any citizen of the Union and any natural or legal person residing or having its registered office in a Member State has a right of access to Parliament documents in accordance with Article 15 of the Treaty on the Functioning of the European Union, subject to the principles, conditions and limits laid down in Regulation (EC) No 1049/2001 of the European Parliament and of the Council.

Access to Parliament documents shall as far as possible be granted to other natural or legal persons in the same way.

Access to Parliament documents shall as far as possible be granted to other natural or legal persons in the same way.

Regulation (EC) No 1049/2001 shall be published for information alongside the Rules of Procedure  (15) .

 

2.   For the purposes of access to documents, the term ‘Parliament documents’ means any content within the meaning of Article 3(a) of Regulation (EC) No 1049/2001 which has been drawn up or received by officers of Parliament within the meaning of Title I, Chapter 2, of these Rules, by Parliament's governing bodies, committees or interparliamentary delegations, or by Parliament's Secretariat.

2.   For the purposes of access to documents, the term ‘Parliament documents’ means any content within the meaning of Article 3(a) of Regulation (EC) No 1049/2001 which has been drawn up or received by officers of Parliament within the meaning of Title I, Chapter 2, of these Rules, by Parliament's governing bodies, committees or interparliamentary delegations, or by Parliament's Secretariat.

Documents drawn up by individual Members or political groups are Parliament documents for the purposes of access to documents if they are tabled under the Rules of Procedure.

In accordance with Article 4 of the Statute for Members of the European Parliament, documents drawn up by individual Members or political groups are Parliament documents for the purposes of access to documents only if they are tabled in accordance with the Rules of Procedure.

The Bureau shall lay down rules to ensure that all Parliament documents are registered.

The Bureau shall lay down rules to ensure that all Parliament documents are registered.

3.   Parliament shall establish a register of Parliament documents. Legislative documents and certain other categories of documents shall, in accordance with Regulation (EC) No 1049/2001, be made directly accessible through the register. References to other Parliament documents shall as far as possible be included in the register.

3.   Parliament shall establish a  public register website of Parliament documents. Legislative documents and certain other categories of documents shall, in accordance with Regulation (EC) No 1049/2001, be made directly accessible through Parliament's public register website . References to other Parliament documents shall as far as possible be included in the public register website .

Categories of documents which are directly accessible shall be set out in a list adopted by the Bureau and published on Parliament's website. This list shall not restrict the right of access to documents not falling within the categories listed; those documents shall be made available on written application.

Categories of documents which are directly accessible through Parliament's public register website shall be set out in a list adopted by the Bureau and published on Parliament's public register website. This list shall not restrict the right of access to documents not falling within the categories listed; those documents may be made available on written application in accordance with Regulation (EC) No 1049/2001 .

The Bureau may adopt rules , in accordance with Regulation (EC) No 1049/2001, laying down arrangements for access which shall be published in the Official Journal of the European Union.

The Bureau shall adopt rules for access to documents, pursuant to Regulation (EC) No 1049/2001, which shall be published in the Official Journal of the European Union.

4.   The Bureau shall designate the bodies responsible for handling initial applications (Article 7 of Regulation (EC) No 1049/2001) and shall adopt decisions on confirmatory applications (Article 8 of the Regulation) and applications for sensitive documents (Article 9 of the Regulation).

4.   The Bureau shall designate the bodies responsible for the handling of initial applications (Article 7 of Regulation (EC) No 1049/2001) and for the adoption of decisions on confirmatory applications (Article 8 of the Regulation) and on applications for access to sensitive documents (Article 9 of the Regulation).

5.    The Conference of Presidents shall designate Parliament's representatives on the interinstitutional committee established pursuant to Article 15(2) of Regulation (EC) No 1049/2001.

 

6.   One of the Vice-Presidents shall be responsible for supervising the handling of applications for access to documents.

6.   One of the Vice-Presidents shall be responsible for supervising the handling of applications for access to documents.

 

6a.     The Bureau shall adopt the annual report referred to in Article 17(1) of Regulation (EC) No 1049/2001.

7.   Parliament's committee responsible shall , on the basis of information provided by the Bureau and drawn from other sources, prepare the annual report referred to in Article 17 of Regulation (EC) No 1049/2001 and submit it to the plenary.

7.   Parliament's committee responsible shall regularly examine the transparency of Parliament's activities and submit a report with its conclusions and recommendations to the plenary.

The committee responsible shall also examine and evaluate the reports adopted by the other institutions and agencies in accordance with Article 17 of the Regulation.

The committee responsible may also examine and evaluate the reports adopted by the other institutions and agencies in accordance with Article 17 of Regulation (EC) No 1049/2001 .

 

7a.     The Conference of Presidents shall designate Parliament's representatives on the interinstitutional committee established pursuant to Article 15(2) of Regulation (EC) No 1049/2001.

 

Amendment 138

Parliament's Rules of Procedure

Rule 116 a (new)

Present text

Amendment

 

Rule 116a

 

Access to Parliament

 

1.    Access badges for Members, Members' assistants and third persons shall be issued on the basis of the rules laid down by the Bureau. Those rules shall also govern the use and withdrawal of access badges.

 

2.    Badges shall not be issued to individuals within a Member’s entourage who fall within the scope of the Agreement between the European Parliament and the European Commission on the transparency register for organisations and self-employed individuals engaged in EU policy-making and policy implementation  (1a) .

 

3.    Entities listed in the transparency register, and their representatives who have been issued with long-term access badges to the European Parliament must respect:

 

the Code of Conduct for Registrants annexed to the agreement;

 

the procedures and other obligations laid down by the agreement; and

 

the provisions implementing this Rule.

 

Without prejudice to the applicability of the general rules governing the withdrawal or temporary de-activation of long-term access badges, and unless there are significant arguments to the contrary, the Secretary-General shall, with the authorisation of the Quaestors, withdraw or de-activate a long-term access badge where its holder has been disbarred from the transparency register for a breach of the Code of Conduct for Registrants, has been guilty of a serious breach of the obligations laid down in this paragraph, or has refused to comply with a formal summons to attend a hearing or committee meeting or to cooperate with a committee of inquiry, without offering a sufficient justification.

 

4.    The Quaestors may determine to what extent the Code of Conduct referred to in paragraph 2 is applicable to persons who, whilst in possession of a long-term access badge, do not fall within the scope of the agreement.

 

5.    The Bureau, acting on a proposal from the Secretary-General, shall lay down the measures needed to implement the transparency register, in accordance with the provisions of the agreement on the establishment of that register.

 

Amendment 139

Parliament's Rules of Procedure

Rule 117

Present text

Amendment

Rule 117

Rule 117

Election of the President of the Commission

Election of the President of the Commission

1   When the European Council proposes a candidate for President of the Commission, the President shall request the candidate to make a statement and present his or her political guidelines to Parliament. The statement shall be followed by a debate.

1.   When the European Council proposes a candidate for President of the Commission, the President shall request the candidate to make a statement and present his or her political guidelines to Parliament. The statement shall be followed by a debate.

The European Council shall be invited to take part in the debate.

The European Council shall be invited to take part in the debate.

2.   Parliament shall elect the President of the Commission by a majority of its component Members.

2.    In accordance with Article 17(7) of the Treaty on European Union, Parliament shall elect the President of the Commission by a majority of its component Members.

The vote shall be taken by secret ballot.

The vote shall be taken by secret ballot.

3.   If the candidate is elected, the President shall inform the Council accordingly, asking it and the President-elect of the Commission to propose by common accord the nominees for the various posts of Commissioners.

3.   If the candidate is elected, the President shall inform the Council accordingly, asking it and the President-elect of the Commission to propose by common accord the nominees for the various posts of Commissioners.

4.   If the candidate does not obtain the required majority, the President shall invite the European Council to propose a new candidate within one month for election in accordance with the same procedure.

4.   If the candidate does not obtain the required majority, the President shall invite the European Council to propose a new candidate within one month for election in accordance with the same procedure.

Amendment 140

Parliament's Rules of Procedure

Rule 118

Present text

Amendment

Rule 118

Rule 118

Election of the Commission

Election of the Commission

 

- 1.     The President shall invite the President-elect of the Commission to inform Parliament about the allocation of portfolio responsibilities in the proposed College of Commissioners in accordance with the political guidelines of the President-elect.

1.   The President shall, after consulting the President-elect of the Commission, request the nominees proposed by the President-elect of the Commission and by the Council for the various posts of Commissioner to appear before the appropriate committees according to their prospective fields of responsibility . These hearings shall be held in public.

1.   The President shall, after consulting the President-elect of the Commission, request the nominees proposed by the President-elect of the Commission and by the Council for the various posts of Commissioner to appear before the appropriate committees or bodies according to their prospective fields of responsibility.

 

1a.     The hearings shall be conducted by the committees.

 

Exceptionally, a hearing may be carried out in a different format when a Commissioner-designate has responsibilities which are primarily horizontal, provided that such a hearing involves the committees responsible. The hearings shall be held in public.

2.    The President may invite the President-elect of the Commission to inform Parliament about the allocation of portfolio responsibilities in the proposed College of Commissioners in accordance with his or her political guidelines.

 

3.   The appropriate committee or committees shall invite the Commissioner-designate to make a statement and answer questions. The hearings shall be organised in such a way as to enable Commissioners-designate to disclose to Parliament all relevant information. Provisions relating to the organisation of the hearings shall be laid down in an annex to these Rules of Procedure (16).

3.   The appropriate committee or committees shall invite the Commissioner-designate to make a statement and answer questions. The hearings shall be organised in such a way as to enable Commissioners-designate to disclose to Parliament all relevant information. Provisions relating to the organisation of the hearings shall be laid down in an annex to these Rules of Procedure16.

4.   The President-elect shall present the college of Commissioners and their programme at a sitting of Parliament which the President of the European Council and the President of the Council shall be invited to attend. The statement shall be followed by a debate.

4.   The President-elect shall be invited to present the college of Commissioners and their programme at a sitting of Parliament which the President of the European Council and the President of the Council shall be invited to attend. The statement shall be followed by a debate.

5.   In order to wind up the debate, any political group or at least 40 Members may table a motion for a resolution. Rule 123(3), (4) and (5) shall apply.

5.   In order to wind up the debate, any political group or at least 40 Members may table a motion for a resolution. Rule 123(3) to (5b) shall apply.

Following the vote on the motion for a resolution, Parliament shall elect or reject the Commission by a majority of the votes cast.

 

The vote shall be taken by roll call.

 

Parliament may defer the vote until the next sitting.

 

 

5a.     Following the vote on the motion for a resolution, Parliament shall elect or reject the Commission by a majority of the votes cast, by roll call. Parliament may defer the vote until the next sitting.

6.   The President shall inform the Council of the election or rejection of the Commission.

6.   The President shall inform the Council of the election or rejection of the Commission.

7.   In the event of a substantial portfolio change during the Commission’s term of office, the filling of a vacancy or the appointment of a new Commissioner following the accession of a new Member State, the Commissioners concerned shall be invited to appear before the committees responsible for the areas of responsibility in question in accordance with paragraph 3.

7.   In the event of a substantial portfolio change or a change in the composition of the Commission during the Commission’s term of office , the Commissioners concerned or any other Commissioners designate shall be invited to participate in a hearing held in accordance with paragraphs 1a and 3.

 

7a.     In the event of a change in the Commissioner’s portfolio or in the financial interests of a Commissioner during her or his term of office, this situation shall be subject to scrutiny by Parliament in accordance with Annex XVI.

 

If a conflict of interests is identified during a Commissioner’s term of office and the President of the Commission fails to implement Parliament’s recommendations for resolving that conflict of interests, Parliament may ask the President of the Commission to withdraw confidence in the Commissioner in question, pursuant to paragraph 5 of the Framework agreement on relations between the European Parliament and the European Commission and, where appropriate, to take action with a view to depriving the Commissioner in question of his right to a pension or other benefits in lieu of pension in accordance with the second paragraph of Article 245 of the Treaty on the Functioning of the European Union..

 

Amendment 141

Parliament's Rules of Procedure

Rule 118 a (new)

Present text

Amendment

 

Rule 118a

 

Multiannual programming

 

Upon the appointment of a new Commission, the Parliament, the Council and the Commission will, pursuant to paragraph 5 of the Interinstitutional Agreement on Better Law-Making, exchange views and agree on joint conclusions on multiannual programming.

 

To that effect, and before negotiating with the Council and the Commission on the joint conclusions on multiannual programming, the President shall hold an exchange of views with the Conference of Presidents regarding the principal policy objectives and priorities for the new legislative term. This exchange of views will take into consideration, inter alia, the priorities presented by the President-elect of the Commission, as well as the replies given by Commissioners-designate during the hearings provided for in Rule 118.

 

Before signing the joint conclusions, the President shall seek the approval of the Conference of Presidents.

Amendment 142

Parliament's Rules of Procedure

Rule 119

Present text

Amendment

Rule 119

Rule 119

Motion of censure on the Commission

Motion of censure on the Commission

1.   A motion of censure on the Commission may be submitted to the President by one tenth of the component Members of Parliament.

1.   A motion of censure on the Commission may be submitted to the President by one tenth of the component Members of Parliament. If a motion of censure has been voted on in the preceding two months, a new one may be tabled only by one fifth of the component Members of Parliament.

2.   The motion shall be called ‘motion of censure’ and supported by reasons. It shall be forwarded to the Commission.

2.   The motion shall be called ‘motion of censure’ and shall state reasons. It shall be forwarded to the Commission.

3.   The President shall announce to Members that a motion of censure has been tabled immediately after receiving it.

3.   The President shall announce to Members that a motion of censure has been tabled immediately after receiving it.

4.   The debate on censure shall not take place until at least 24 hours after the receipt of a motion of censure is announced to Members.

4.   The debate on censure shall not take place until at least 24 hours after the receipt of a motion of censure is announced to Members.

5.   The vote on the motion shall be by roll call and shall not be taken until at least 48 hours after the beginning of the debate.

5.   The vote on the motion shall be by roll call and shall not be taken until at least 48 hours after the beginning of the debate.

6.   The debate and the vote shall take place, at the latest, during the part-session following the submission of the motion.

6.    Without prejudice to paragraphs 4 and 5, the debate and the vote shall take place, at the latest, during the part-session following the submission of the motion

7.   The motion of censure shall be adopted if it secures a two-thirds majority of the votes cast, representing a majority of the component Members of Parliament. The President of the Council and the President of the Commission shall be notified of the result of the vote.

7.    In accordance with Article 234 of the Treaty on the Functioning of the European Union, the motion of censure shall be adopted if it secures a two-thirds majority of the votes cast, representing a majority of the component Members of Parliament. The President of the Council and the President of the Commission shall be notified of the result of the vote.

Amendment 143

Parliament's Rules of Procedure

Rule 120

Present text

Amendment

Rule 120

Rule 120

Nomination of Judges and Advocates-General at the Court of Justice of the European Union

Nomination of Judges and Advocates-General at the Court of Justice of the European Union

On a proposal of its committee responsible, Parliament shall appoint its nominee to the panel of seven persons charged with scrutinising the suitability of candidates to hold the office of Judge or Advocate-General of the Court of Justice and the General Court.

On a proposal of its committee responsible, Parliament shall appoint its nominee to the panel of seven persons charged with scrutinising the suitability of candidates to hold the office of Judge or Advocate-General of the Court of Justice and the General Court. The committee responsible shall select the nominee it wishes to propose by holding a vote by simple majority. For that purpose, the coordinators of that committee shall establish a shortlist of candidates.

Amendment 144

Parliament's Rules of Procedure

Rule 121

Present text

Amendment

Rule 121

Rule 121

Appointment of the Members of the Court of Auditors

Appointment of the Members of the Court of Auditors

1.   Candidates nominated as Members of the Court of Auditors shall be invited to make a statement before the committee responsible and to answer questions put by members. The committee shall vote on each nomination separately by secret ballot.

1.   Candidates nominated as Members of the Court of Auditors shall be invited to make a statement before the committee responsible and to answer questions put by members. The committee shall vote on each nomination separately by secret ballot.

2.   The committee responsible shall make a recommendation to Parliament , in the form of a report containing a separate proposal for a decision on each nomination as to whether the nomination should be approved.

2.   The committee responsible shall make a recommendation to Parliament as to whether the nomination should be approved.

3.   The vote in plenary shall take place within two months of receipt of the nomination unless Parliament, at the request of the committee responsible, a political group or at least 40 Members, decides otherwise. Parliament shall vote on each nomination separately by secret ballot and shall take its decision by a majority of the votes cast.

3.   The vote in plenary shall take place within two months of receipt of the nomination unless Parliament, at the request of the committee responsible, a political group or at least 40 Members, decides otherwise. Parliament shall vote on each nomination separately by secret ballot.

4.   If the opinion adopted by Parliament on an individual nomination is unfavourable, the President shall ask the Council to withdraw its nomination and to submit a new nomination to Parliament.

4.   If the opinion adopted by Parliament on an individual nomination is unfavourable, the President shall ask the Council to withdraw its nomination and to submit a new nomination to Parliament.

Amendment 145

Parliament's Rules of Procedure

Rule 122

Present text

Amendment

Rule 122

Rule 122

Appointment of the Members of the Executive Board of the European Central Bank

Appointment of the Members of the Executive Board of the European Central Bank

1.   The candidate nominated as President of the European Central Bank shall be invited to make a statement before the committee responsible and to answer questions put by members.

1.   The candidate nominated as President , Vice-President or Member of the Executive Board of the European Central Bank shall be invited to make a statement before the committee responsible and to answer questions put by members.

2.   The committee responsible shall make a recommendation to Parliament as to whether the nomination should be approved.

2.   The committee responsible shall make a recommendation to Parliament as to whether the nomination should be approved.

3.   The vote shall take place within two months of receipt of the nomination unless Parliament, at the request of the committee responsible, a political group or at least 40 Members, decides otherwise.

3.   The vote shall take place within two months of receipt of the nomination unless Parliament, at the request of the committee responsible, a political group or at least 40 Members, decides otherwise. Parliament shall vote on each nomination separately by secret ballot.

4.   If the opinion adopted by Parliament is unfavourable, the President shall ask the Council to withdraw its nomination and to submit a new nomination to Parliament.

4.   If the opinion adopted by Parliament on a nomination is unfavourable, the President shall ask for the withdrawal of the nomination and for the submission of a new nomination to Parliament.

5.    The same procedure shall apply for nominations for Vice-President and other Executive Board Members of the European Central Bank.

 

Amendment 146

Parliament's Rules of Procedure

Rule 122 a (new)

Present text

Amendment

 

Rule 122 a

 

Appointments to the economic governance bodies

 

1.    This Rule shall apply to the appointment of:

 

the Chair and the Vice-Chair of the Supervisory Board of the Single Supervisory Mechanism;

 

the Chair, the Vice-Chair and the full-time members of the Single Resolution Board of the Single Resolution Mechanism;

 

the Chairs and Executive Directors of the European Supervisory Authority (European Banking Authority, European Securities and Markets Authority, European Insurance and Occupational Pensions Authority); and

 

the Managing Director and Deputy Managing Director of the European Fund for Strategic Investments.

 

2.    Each candidate shall be invited to make a statement before the committee responsible and to answer questions put by Members.

 

3.    The committee responsible shall make a recommendation to Parliament on each proposal for appointment.

 

4.    The vote shall take place within two months of receipt of the proposal for appointment unless Parliament, at the request of the committee responsible, a political group or at least 40 Members, decides otherwise. Parliament shall vote on each appointment separately by secret ballot.

 

5.    If the decision adopted by Parliament on a proposal for appointment is unfavourable, the President shall ask for its withdrawal and for the submission of a new proposal to Parliament.

Amendment 147

Parliament's Rules of Procedure

Rule 123

Present text

Amendment

Rule 123

Rule 123

Statements by the Commission, Council and European Council

Statements by the Commission, Council and European Council

1.   Members of the Commission, the Council and the European Council may at any time ask the President of Parliament for permission to make a statement. The President of the European Council shall make a statement after each of its meetings. The President of Parliament shall decide when the statement may be made and whether it is to be followed by a full debate or by 30 minutes of brief and concise questions from Members.

1.   Members of the Commission, the Council and the European Council may at any time ask the President of Parliament for permission to make a statement. The President of the European Council shall make a statement after each of its meetings. The President of Parliament shall decide when the statement may be made and whether it is to be followed by a full debate or by 30 minutes of brief and concise questions from Members.

2.   When placing a statement with debate on its agenda, Parliament shall decide whether or not to wind up the debate with a resolution. It shall not do so if a report on the same matter is scheduled for the same or the next part-session, unless the President, for exceptional reasons, proposes otherwise. If Parliament decides to wind up a debate with a resolution, a committee, a political group or at least 40 Members may table a motion for a resolution.

2.   When placing a statement with debate on its agenda, Parliament shall decide whether or not to wind up the debate with a resolution. It shall not do so if a report on the same matter is scheduled for the same or the next part-session, unless the President, for exceptional reasons, proposes otherwise. If Parliament decides to wind up a debate with a resolution, a committee, a political group or at least 40 Members may table a motion for a resolution.

3.   Motions for resolutions shall be put to the vote on the same day . The President shall decide on any exceptions. Explanations of vote shall be admissible.

3.   Motions for resolutions shall be put to the vote at the earliest possible voting time . The President shall decide on any exceptions. Explanations of vote shall be admissible.

4.   A joint motion for a resolution shall replace the motions for resolutions tabled previously by its signatories, but not those tabled by other committees, political groups or Members.

4.   A joint motion for a resolution shall replace the motions for resolutions tabled previously by its signatories, but not those tabled by other committees, political groups or Members.

 

4a.     If a joint motion for a resolution is tabled by political groups representing a clear majority, the President may put that motion to the vote first.

5.   After a resolution has been adopted, no further motions may be put to the vote unless the President, exceptionally, decides otherwise.

5.   After a resolution has been adopted, no further motions may be put to the vote unless the President, exceptionally, decides otherwise.

 

5a.     The author or authors of a motion for a resolution tabled under paragraph 2 or Rule 135(2) shall be entitled to withdraw it before the final vote.

 

5b.     A withdrawn motion for a resolution may be taken over and retabled immediately by a group, a committee or the same number of Members as is entitled to table it. Paragraphs 5a and this paragraph shall apply also to resolutions tabled under Rules 105 and 106.

Amendment 148

Parliament's Rules of Procedure

Rule 124

Present text

Amendment

Rule 124

Rule 124

Statements explaining Commission decisions

Statements explaining Commission decisions

After consulting the Conference of Presidents , the President may invite the President of the Commission, the Commissioner responsible for relations with the European Parliament or, by agreement, another Commissioner, to make a statement to Parliament after each meeting of the Commission, explaining the main decisions taken. The statement shall be followed by a debate of at least 30 minutes in which Members may put brief and concise questions.

The President shall invite the President of the Commission, the Commissioner responsible for relations with the European Parliament or, by agreement, another Commissioner, to make a statement to Parliament after each meeting of the Commission, explaining the main decisions taken , unless, for timetabling reasons or because of the relative political relevance of the subject-matter, the Conference of Presidents decides that this is not necessary . The statement shall be followed by a debate of at least 30 minutes in which Members may put brief and concise questions.

Amendment 149

Parliament's Rules of Procedure

Rule 125

Present text

Amendment

Rule 125

Rule 125

Statements by the Court of Auditors

Statements by the Court of Auditors

1.   In the context of the discharge procedure or of Parliament's activities in the sphere of budgetary control, the President of the Court of Auditors may be invited to take the floor in order to present the comments contained in the Annual Report, special reports or opinions of the Court, or in order to explain the Court's work programme.

1.   In the context of the discharge procedure or of Parliament's activities in the sphere of budgetary control, the President of the Court of Auditors may be invited to make a statement in order to present the comments contained in the Annual Report, special reports or opinions of the Court, or in order to explain the Court's work programme.

2.   Parliament may decide to hold a separate debate on any questions raised in such statements with the participation of the Commission and Council, in particular when irregularities in financial management have been reported.

2.   Parliament may decide to hold a separate debate on any questions raised in such statements with the participation of the Commission and Council, in particular when irregularities in financial management have been reported.

Amendment 150

Parliament's Rules of Procedure

Rule 126

Present text

Amendment

Rule 126

Rule 126

Statements by the European Central Bank

Statements by the European Central Bank

1.   The President of the European Central Bank shall present to Parliament the Bank's Annual Report on the activities of the European System of Central Banks and on the monetary policy of both the previous and the current year.

1.   The President of the European Central Bank shall be invited to present to Parliament the Bank's Annual Report on the activities of the European System of Central Banks and on the monetary policy of both the previous and the current year.

2.   This presentation shall be followed by a general debate.

2.   This presentation shall be followed by a general debate.

3.   The President of the European Central Bank shall be invited to attend meetings of the committee responsible at least four times a year in order to make a statement and to answer questions.

3.   The President of the European Central Bank shall be invited to attend meetings of the committee responsible at least four times a year in order to make a statement and to answer questions.

4.   If they or Parliament so request, the President, Vice-President and other Members of the Executive Board of the European Central Bank shall be invited to attend additional meetings.

4.   If they or Parliament so request, the President, Vice-President and other Members of the Executive Board of the European Central Bank shall be invited to attend additional meetings.

5.   A verbatim report of the proceedings under paragraphs 3 and 4 shall be drawn up in the official languages .

5.   A verbatim report of the proceedings under paragraphs 3 and 4 shall be drawn up.

Amendment 151

Parliament's Rules of Procedure

Rule 127

Present text

Amendment

Rule 127

deleted

Recommendation on the broad guidelines of economic policies

 

1.    The recommendation from the Commission on the broad guidelines of the economic policies of the Member States and the Union shall be presented to the committee responsible which shall submit a report to Parliament.

 

2.    The Council shall be invited to inform Parliament of the content of its recommendation, and of the position taken by the European Council.

 

Amendment 152

Parliament's Rules of Procedure

Rule 128

Present text

Amendment

Rule 128

Rule 128

Questions for oral answer with debate

Questions for oral answer with debate

1.   Questions may be put to the Council or the Commission by a committee, a political group or at least 40 Members with a request that they be placed on the agenda of Parliament.

1.   Questions may be put to the Council, the Commission or the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy by a committee, a political group or at least 40 Members with a request that they be placed on the agenda of Parliament.

Such questions shall be submitted in writing to the President who shall immediately refer them to the Conference of Presidents.

Such questions shall be submitted in writing to the President who shall immediately refer them to the Conference of Presidents.

The Conference of Presidents shall decide whether and in what order questions should be placed on the agenda. Questions not placed on Parliament's agenda within three months of being submitted shall lapse.

The Conference of Presidents shall decide whether questions should be placed on the draft agenda in accordance with the procedure provided for in Rule 149 . Questions not placed on Parliament's draft agenda within three months of being submitted shall lapse.

2.   Questions to the Commission must be referred to that institution at least one week before the sitting on whose agenda they are to appear and questions to the Council at least three weeks before that date.

2.   Questions to the Commission and to the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy must be referred to the addressee at least one week before the sitting on whose agenda they are to appear and questions to the Council at least three weeks before that date.

3.   Where the questions concern matters referred to in Article 42 of the Treaty on European Union, the time limit provided for in paragraph 2 of this Rule shall not apply, and the Council must reply sufficiently promptly to keep Parliament properly informed.

3.   Where the questions concern the common security and defence policy , the time limits provided for in paragraph 2 shall not apply, and the reply must be given sufficiently promptly to keep Parliament properly informed.

4.   One of the questioners may move the question for five minutes. One member of the institution concerned shall answer.

4.   One of the questioners may move the question. The addressee shall answer.

The author of the question is entitled to use the whole period of speaking time mentioned.

 

5.   Rule 123(2) to (5) shall apply mutatis mutandis.

5.   Rule 123(2) to (5b) concerning the tabling and voting of motions for resolutions shall apply mutatis mutandis.

Amendment 153

Parliament's Rules of Procedure

Rule 129

Present text

Amendment

Rule 129

Rule 129

Question Time

Question Time

1.   Question Time with the Commission shall be held at each part-session for a duration of 90 minutes on one or more specific horizontal themes to be decided upon by the Conference of Presidents one month in advance of the part-session.

1.   Question Time with the Commission may be held at each part-session for a duration of up to 90 minutes on one or more specific horizontal themes to be decided upon by the Conference of Presidents one month in advance of the part-session.

2.   The Commissioners invited to participate by the Conference of Presidents shall have a portfolio related to the specific horizontal theme or themes on which questions are to be put to them. The number of Commissioners shall be limited to two per part-session, with the possibility of adding a third being dependent on the specific horizontal theme or themes chosen for the Question Time.

2.   The Commissioners invited to participate by the Conference of Presidents shall have a portfolio related to the specific horizontal theme or themes on which questions are to be put to them. The number of Commissioners shall be limited to two per part-session, with the possibility of adding a third being dependent on the specific horizontal theme or themes chosen for the Question Time.

3.    Question time shall be conducted in accordance with a ballot-system the details of which are laid down in an annex to these Rules of Procedure  (17) .

 

4.   In accordance with guidelines established by the Conference of Presidents, specific question hours may be held with the Council, with the President of the Commission, with the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy and with the President of the Eurogroup.

4.   In accordance with guidelines established by the Conference of Presidents, specific question hours may be held with the Council, with the President of the Commission, with the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy and with the President of the Eurogroup.

 

4a.     Question time shall not be specifically allocated in advance. The President shall ensure, as far as possible, that Members holding different political views and from different Member States are given the opportunity to put a question in turn.

 

4b.     The Member shall be given one minute in which to formulate the question and the Commissioner two minutes in which to reply. That Member may put a supplementary question, of 30 seconds duration, having a direct bearing on the main question. The Commissioner shall then be given two minutes in which to give a supplementary reply.

 

Questions and supplementary questions must be directly related to the specific horizontal theme decided under paragraph 1. The President may rule on their admissibility.

 

Amendment 154

Parliament's Rules of Procedure

Rule 130

Present text

Amendment

Rule 130

Rule 130

Questions for written answer

Questions for written answer

1.   Any Member may put questions for written answer to the President of the European Council, the Council, the Commission or the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy in accordance with criteria laid down in an annex to these Rules of Procedure (18). The content of questions shall be the sole responsibility of their authors.

1.   Any Member may put questions for written answer to the President of the European Council, the Council, the Commission or the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy in accordance with criteria laid down in an annex to these Rules of Procedure (18). The content of questions shall be the sole responsibility of their authors.

2.   Questions shall be submitted to the President. Doubts concerning the admissibility of a question shall be settled by the President. The President's decision shall be based not exclusively on the provisions of the annex referred to in paragraph 1 but on the provisions of these Rules of Procedure in general. The questioner shall be notified of the President's decision.

2.   Questions shall be submitted to the President. Doubts concerning the admissibility of a question shall be settled by the President. The President's decision shall be based not exclusively on the provisions of the annex referred to in paragraph 1 but on the provisions of these Rules of Procedure in general. The questioner shall be notified of the President's reasoned decision.

3.   Questions shall be submitted in electronic format. Each Member may submit a maximum of five questions per month.

3.   Questions shall be submitted in electronic format. Each Member may submit a maximum of twenty questions over a rolling period of three months .

By way of exception, additional questions may be submitted in the form of a paper document tabled and signed personally by the Member concerned in the relevant service of the Secretariat.

 

After a period expiring one year from the beginning of the eighth parliamentary term, the Conference of Presidents shall carry out an assessment of the regime in respect of additional questions.

 

The expression ‘by way of exception’ is to be interpreted as meaning that the additional question concerns a matter of urgency and that the submission of that question cannot wait until the following month. Furthermore, the number of questions tabled under the second subparagraph of paragraph 3 must be smaller than the norm of five questions per month.

 

 

3a.     A question may be supported by Members other than the author. Such questions shall only count towards the author’s and not the supporter’s maximum number of questions under paragraph 3.

4.   If a question cannot be answered within the time limit set it shall , at the request of the author, be placed on the agenda for the next meeting of the committee responsible. Rule 129 shall apply mutatis mutandis.

4.   If a question cannot be answered by the addressee within three weeks (priority question) or of six weeks (non-priority question) of being forwarded to the addressee, it may , at the request of the author, be placed on the agenda for the next meeting of the committee responsible.

Since the chair of a committee is empowered by Rule 206(1) to convene a meeting of that committee, it is up to him, in the interest of the proper organisation of proceedings, to determine the draft agenda of the meeting he has convened. This prerogative is without prejudice to his obligation under Rule 130(4) to place a written question, at the request of its author, on the draft agenda for the next meeting of the committee. However, the chair has the discretionary power to propose, in the light of political priorities, the agenda and procedural arrangements for the meeting (e.g. a procedure without debate, possibly with the adoption of a decision on action to be taken, or, where appropriate, a recommendation to carry over the item to a subsequent meeting).

 

5.    Questions which require an immediate answer but not detailed research (priority questions) shall be answered within three weeks of being forwarded to the addressees. Each Member may table one priority question each month.

5.   Each Member may table one priority question each month.

Other questions (non-priority questions) shall be answered within six weeks of being forwarded to the addressees.

 

6.   Questions and answers shall be published on Parliament’s website.

6.   Questions and answers including any related annexes shall be published on Parliament’s website.

Amendment 295

Parliament's Rules of Procedure

Rule 130 a (new)

Present text

Amendment

 

Rule 130a

 

Minor interpellations for written answer

 

1.    In minor interpellations, consisting in questions for written answer, the Council, the Commission or the Vice-President of the Commission/High-Representative of the Union for Foreign Affairs and Security Policy may be asked by a committee, a political group or at least five per cent of Parliament’s component Members to furnish information on specifically designated issues.

 

Such questions shall be submitted to the President who, provided that the questions are in accordance with these Rules of Procedure generally and that they fulfil the criteria laid down in an annex to these Rules of Procedure  (1a) , shall ask the addressee to reply within two weeks; the President may extend this time limit in consultation with the questioners.

 

2.    Questions and answers shall be published on Parliament's website.

 

Amendment 296

Parliament's Rules of Procedure

Rule 130 b (new)

Present text

Amendment

 

Rule 130b

 

Major interpellations for written answer with debate

 

1.    In major interpellations, consisting in questions for written answer with debate, those questions may be put to the Council, the Commission or the Vice-President of the Commission/High-Representative of the Union for Foreign Affairs and Security Policy by a committee, a political group or at least five percent of Parliament’s component Members. Questions may include a brief explanatory memorandum.

 

Such questions shall be submitted in writing to the President who, provided that they are in accordance with these Rules of Procedure generally and that they fulfil the criteria laid down in an annex to these Rules of Procedure  (1a) , shall immediately inform the addressee of the question and ask the addressee to state whether it will be answered and, if so, when.

 

2.    On receipt of the written reply, the major interpellation shall be placed on the draft agenda of Parliament in accordance with the procedure provided for in Rule 149. A debate must be held if a committee, a political group or at least five per cent of Parliament’s component Members so demand.

 

3.    If the addressee refuses to answer the question or fails to do so within three weeks, the question shall be placed on the draft agenda. A debate must be held if a committee, a political group or at least five per cent of Parliament’s component Members so demand. Prior to the debate one of the questioners may be given leave to state supplementary reasons for the question.

 

4.    One of the questioners may move the question. One member of the institution concerned shall answer.

 

Rule 123(2) to (5) concerning the tabling of, and voting on, motions for resolutions shall apply mutatis mutandis.

 

5.    Questions and answers shall be published on Parliament's website.

 

Amendment 155

Parliament's Rules of Procedure

Rule 131

Present text

Amendment

Rule 131

Rule 131

Questions for written answer to the European Central Bank

Questions for written answer to the European Central Bank

1.   Any Member may put a maximum of six questions per month for written answer to the European Central Bank in accordance with criteria laid down in an annex to these Rules of Procedure (19). The content of questions shall be the sole responsibility of their authors.

1.   Any Member may put a maximum of six questions per month for written answer to the European Central Bank in accordance with criteria laid down in an annex to these Rules of Procedure (19). The content of questions shall be the sole responsibility of their authors.

2.   Such questions shall be submitted in writing to the Chair of the committee responsible, who shall notify them to the European Central Bank. Doubts concerning the admissibility of a question shall be settled by the Chair. The questioner shall be notified of the Chair's decision.

2.   Such questions shall be submitted in writing to the Chair of the committee responsible, who shall notify them to the European Central Bank. Doubts concerning the admissibility of a question shall be settled by the Chair. The questioner shall be notified of the Chair's decision.

3.   Questions and answers shall be published on Parliament’s website

3.   Questions and answers shall be published on Parliament’s website

4.   If a question has not received a reply by the required deadline, it shall be included at the request of its author, on the agenda for the next meeting of the committee responsible with the President of the European Central Bank.

4.   If a question has not received a reply within six weeks, it may be included, at the request of its author, on the agenda for the next meeting of the committee responsible with the President of the European Central Bank.

Amendment 156

Parliament's Rules of Procedure

Rule 131 a (new)

Present text

Amendment

 

Rule 131 a

 

Questions for written answer concerning the Single Supervisory Mechanism and the Single Resolution Mechanism

 

1.    Rule 131 (1), (2) and (3) shall apply mutatis mutandis with regard to questions for written answer concerning the Single Supervisory Mechanism and the Single Resolution Mechanism. The number of such questions shall be subtracted from the maximum of six provided for in Rule 131(1).

 

2.    If a question has not received a reply within 5 weeks, it may be included, at the request of its author, on the agenda for the next meeting of the committee responsible with the Chair of the Board of the addressee.

Amendment 157

Parliament's Rules of Procedure

Title V — chapter 4 — title

Present text

Amendment

REPORTS OF OTHER INSTITUTIONS

REPORTS OF OTHER INSTITUTIONS AND BODIES

Amendment 158

Parliament's Rules of Procedure

Rule 132

Present text

Amendment

Rule 132

Rule 132

Annual and other reports of other institutions

Annual and other reports of other institutions or bodies

1.   Annual and other reports of other institutions on which the Treaties provide for consultation of the European Parliament or other legal provisions require an opinion by the European Parliament shall be dealt with in a report submitted to the plenary.

1.   Annual and other reports of other institutions or bodies on which the Treaties provide for consultation of the European Parliament or other legal provisions require an opinion by the European Parliament shall be dealt with in a report submitted to the plenary.

2.   Annual and other reports of other institutions not covered by paragraph 1 shall be referred to the committee responsible, which may propose drawing up a report under Rule 52.

2.   Annual and other reports of other institutions or bodies not covered by paragraph 1 shall be referred to the committee responsible, which shall examine them, and which may submit a short motion for resolution to Parliament or propose the drawing up of a report under Rule 52 if it considers that Parliament should take a position on an important matter covered in the reports .

Amendment 159

Parliament's Rules of Procedure

Rule 133

Present text

Amendment

Rule 133

Rule 133

Motions for resolutions

Motions for resolutions

1.   Any Member may table a motion for a resolution on a matter falling within the spheres of activity of the European Union.

1.   Any Member may table a motion for a resolution on a matter falling within the spheres of activity of the European Union.

The motion may not comprise more than 200 words.

The motion may not comprise more than 200 words.

 

1a.     The content of such a motion may not:

 

contain any decision on matters for which other specific procedures and competences are laid down in these Rules of Procedure, in particular Rule 46, or

 

deal with the subject of ongoing proceedings in Parliament.

 

1b.     Each Member may table no more than one such motion per month.

 

1c.     The motion for a resolution shall be submitted to the President, who shall verify whether it fulfils the applicable criteria. If the President declares the motion to b e admissible, he or she shall announce it in plenary and refer it to the committee responsible.

2.   The committee responsible shall decide what procedure is to be adopted.

2.   The committee responsible shall decide what procedure is to be adopted , including the combination of the motion for a resolution with other motions for resolutions or reports, the adoption of an opinion, which may take the form of a letter, or the drawing up of a report under Rule 52. It may also decide not to follow up the motion for a resolution .

It may combine the motion for a resolution with other motions for resolutions or reports.

 

It may adopt an opinion, which may take the form of a letter.

 

It may decide to draw up a report under Rule 52.

 

3.   The authors of a motion for a resolution shall be informed of the decisions of the committee and of the Conference of Presidents.

3.   The authors of a motion for a resolution shall be informed of the decisions of the President, of the committee and of the Conference of Presidents.

4.   The report shall contain the text of the motion for a resolution.

4.   The report shall contain the text of the motion for a resolution.

5.   Opinions in the form of a letter addressed to other institutions of the European Union shall be forwarded by the President.

5.   Opinions in the form of a letter addressed to other institutions of the European Union shall be forwarded by the President.

6.    The author or authors of a motion for a resolution tabled under Rule 123(2), 128(5) or 135(2) shall be entitled to withdraw it before the final vote.

 

7.   A motion for a resolution tabled in accordance with paragraph 1 may be withdrawn by its author, authors or first signatory before the committee responsible has decided, in accordance with paragraph 2, to draw up a report on it.

7.   A motion for a resolution tabled in accordance with paragraph 1 may be withdrawn by its author, authors or first signatory before the committee responsible has decided, in accordance with paragraph 2, to draw up a report on it.

Once the motion has been thus taken over by the committee, only the committee shall be empowered to withdraw it up until the opening of the final vote.

Once the motion has been thus taken over by the committee, only the committee shall be empowered to withdraw it up until the opening of the final vote.

8.    A withdrawn motion for a resolution may be taken over and retabled immediately by a group, a committee or the same number of Members as is entitled to table it.

 

Committees have a duty to ensure that motions for resolutions tabled under this Rule which meet the requirements laid down are followed up and duly referred to in the resulting documents.

 

Amendment 160

Parliament's Rules of Procedure

Rule 134

Present text

Amendment

Rule 134

deleted

Recommendations to the Council

 

1.    A political group or at least 40 Members may table a proposal for a recommendation to the Council on subjects under Title V of the Treaty on European Union, or in cases where Parliament has not been consulted on an international agreement falling within the scope of Rules 108 or 109.

 

2.    Such proposals shall be referred to the committee responsible for consideration.

 

Where appropriate, the committee shall refer the matter to Parliament in accordance with the procedures laid down in these Rules.

 

3.    If it presents a report, the committee responsible shall submit to Parliament a proposal for a recommendation to the Council, together with a brief explanatory statement and, where appropriate, the opinions of the committees consulted.

 

No prior authorisation from the Conference of Presidents is required for the application of this paragraph.

 

4.    The provisions of Rule 113 shall apply.

 

Amendment 161

Parliament's Rules of Procedure

Rule 135

Present text

Amendment

Rule 135

Rule 135

Debates on cases of breaches of human rights, democracy and the rule of law

Debates on cases of breaches of human rights, democracy and the rule of law

1.   A committee, an interparliamentary delegation, a political group or at least 40 Members may ask the President in writing for a debate to be held on an urgent case of a breach of human rights, democracy and the rule of law (Rule 149(3)).

1.   A committee, an interparliamentary delegation, a political group or at least 40 Members may ask the President in writing for a debate to be held on an urgent case of a breach of human rights, democracy and the rule of law.

2.   The Conference of Presidents shall draw up a list of subjects to be included in the final draft agenda for the next debate on cases of breaches of human rights, democracy and the rule of law on the basis of the requests referred to in paragraph 1 and in accordance with the provisions of Annex IV. The total number of subjects included in the agenda shall not exceed three, including sub-chapters.

2.   The Conference of Presidents shall draw up a list of subjects to be included in the final draft agenda for the next debate on cases of breaches of human rights, democracy and the rule of law on the basis of the requests referred to in paragraph 1 and in accordance with the provisions of Annex IV. The total number of subjects included in the agenda shall not exceed three, including sub-chapters.

In accordance with Rule 152, Parliament may abandon a topic due to be debated and replace it with an unscheduled topic. Motions for resolutions on the subjects chosen shall be tabled by the evening of the day on which the agenda is adopted. The President shall set the precise deadline for tabling such motions for resolutions.

In accordance with Rule 152, Parliament may abandon a topic due to be debated and replace it with an unscheduled topic. Motions for resolutions on the subjects chosen may be tabled by a committee, a political group or at least 40 Members by the evening of the day on which the agenda is adopted. The President shall set the precise deadline for tabling such motions for resolutions.

3.   The total speaking time for the political groups and non-attached Members shall be allocated in accordance with the procedure laid down in Rule 162(4) and (5) within the maximum time for debates of 60 minutes per part-session.

3.   The total speaking time for the political groups and non-attached Members shall be allocated in accordance with the procedure laid down in Rule 162(4) and (5) within the maximum time for debates of 60 minutes per part-session.

Any time remaining after deducting the time required to introduce and vote on the motions for resolutions and any speaking time allocated to the Commission and Council shall be divided among the political groups and the non-attached Members.

Any time remaining after deducting the time required to introduce the motions for resolutions and any speaking time allocated to the Commission and Council shall be divided among the political groups and the non-attached Members.

4.   At the end of the debate there shall be an immediate vote. Rule 183 shall not apply.

4.   At the end of the debate there shall be an immediate vote. Rule 183 concerning explanations of vote shall not apply.

Votes taken under this Rule may be organised on a collective basis under the responsibility of the President and the Conference of Presidents.

Votes taken under this Rule may be organised on a collective basis under the responsibility of the President and the Conference of Presidents.

5.   If two or more motions for resolutions are tabled on the same subject, the procedure set out in Rule 123(4) shall apply.

5.   If two or more motions for resolutions are tabled on the same subject, the procedure set out in Rule 123(4) and (4a) shall apply.

6.   The President and political group Chairs may decide that a motion for a resolution will be put to the vote without debate. Such a decision shall require the unanimous assent of all the political group Chairs.

6.   The President and political group Chairs may decide that a motion for a resolution will be put to the vote without debate. Such a decision shall require the unanimous assent of all the political group Chairs.

The provisions of Rules 187, 188 and 190 do not apply to motions for resolutions included on the agenda for a debate on cases of breaches of human rights, democracy and the rule of law.

The provisions of Rules 187 and 188 do not apply to motions for resolutions included on the agenda for a debate on cases of breaches of human rights, democracy and the rule of law.

Motions for resolutions are tabled for a debate on cases of breaches of human rights, democracy and the rule of law only after the list of subjects has been adopted. Motions for resolutions that cannot be dealt with in the time allocated to the debate shall lapse. The same applies to motions for resolutions in respect of which it is established, following a request under Rule 168(3), that a quorum is not present. Members are entitled to retable such motions either for consideration in committee under Rule 133 or for the debate on cases of breaches of human rights, democracy and the rule of law at the next part-session.

Motions for resolutions are tabled for a debate on cases of breaches of human rights, democracy and the rule of law only after the list of subjects has been adopted. Motions for resolutions that cannot be dealt with in the time allocated to the debate shall lapse. The same applies to motions for resolutions in respect of which it is established, following a request under Rule 168(3), that a quorum is not present. The authors are entitled to retable such motions either for consideration in committee under Rule 133 or for the debate on cases of breaches of human rights, democracy and the rule of law at the next part-session.

A subject may not be included on the agenda for a debate on cases of breaches of human rights, democracy and the rule of law if it is already on the agenda for that part-session.

A subject may not be included on the agenda for a debate on cases of breaches of human rights, democracy and the rule of law if it is already on the agenda for that part-session.

There are no provisions in the Rules to allow a joint debate on a motion for a resolution tabled in accordance with paragraph 2, second subparagraph, and a committee report on the same subject.

There are no provisions in the Rules to allow a joint debate on a motion for a resolution tabled in accordance with paragraph 2, second subparagraph, and a committee report on the same subject.

* * *

 

When a request is made under Rule 168(3) that it be established whether a quorum is present, this request shall be valid only for the motion for a resolution which is to be put to the vote and not for those which follow.

When a request is made under Rule 168(3) that it be established whether a quorum is present, this request shall be valid only for the motion for a resolution which is to be put to the vote and not for those which follow.

Amendment 162

Parliament's Rules of Procedure

Rule 136

Present text

Amendment

Rule 136

deleted

Written declarations

 

1.    At least 10 Members from at least three political groups may submit a written declaration of not more than 200 words relating exclusively to a matter falling within the competence of the European Union. The contents of such a declaration may not go beyond the form of a declaration. In particular, it may not call for any legislative action, contain any decision on matters for which specific procedures and competences are laid down in these Rules of Procedure or deal with the subject of ongoing proceedings in Parliament.

 

2.    The authorisation to proceed further shall be subject to a reasoned decision by the President pursuant to paragraph 1 in any given case. Written declarations shall be published in the official languages on Parliament's website and distributed electronically to all Members. They shall be entered, with the names of the signatories, in an electronic register. This register shall be public and shall be accessible through Parliament's website. Hard copies of written declarations with signatures will be also kept by the President.

 

3.    The signature of any Member may be added to a declaration entered in the electronic register. It may be withdrawn at any time before the end of a period of three months from the entry of the declaration in the register. In the event of such a withdrawal the Member concerned shall not be permitted to add his or her signature again to the declaration.

 

4.    Where, at the end of a period of three months from its being entered in the register, a declaration is signed by a majority of Parliament's component Members, the President shall notify Parliament accordingly. Without binding Parliament, the declaration shall be published in the minutes with the names of its signatories.

 

5.    The procedure shall be closed by the forwarding to the addressees, at the end of the part-session, of the declaration, together with the names of the signatories.

 

6.    Where the institutions to which the adopted declaration has been addressed do not inform Parliament about the intended follow-up within three months from its receipt, the matter shall, at the request of one of the authors of the declaration, be placed on the agenda of a subsequent meeting of the committee responsible.

 

7.    A written declaration that has remained in the register for over three months and is not signed by at least one half of the component Members of Parliament shall lapse, without any possibility of that three-month period being extended.

 

Amendment 163

Parliament's Rules of Procedure

Title V — chapter 5 a (new)

Present text

Amendment

 

CHAPTER 5A

 

CONSULTATION OF OTHER INSTITUTIONS AND BODIES

 

(To be introduced after Rule 136)

Amendment 164

Parliament's Rules of Procedure

Rule 137

Present text

Amendment

Rule 137

Rule 137

Consultation of the European Economic and Social Committee

Consultation of the European Economic and Social Committee

1.   Where the Treaty on the Functioning of the European Union provides for consultation of the Economic and Social Committee, the President shall initiate the consultation procedure and inform Parliament thereof.

1.   Where the Treaty on the Functioning of the European Union provides for consultation of the Economic and Social Committee, the President shall initiate the consultation procedure and inform Parliament thereof.

2.   A committee may request that the European Economic and Social Committee be consulted on matters of a general nature or on specific points.

2.   A committee may request that the European Economic and Social Committee be consulted on matters of a general nature or on specific points.

The committee shall indicate the deadline for delivery by the European Economic and Social Committee of its opinion.

The committee shall indicate the deadline for delivery by the European Economic and Social Committee of its opinion.

A request for consultation of the European Economic and Social Committee shall be approved by Parliament without debate .

A request for consultation of the European Economic and Social Committee shall be announced to Parliament at its next part-session and shall be deemed to have been approved, unless, within 24 hours from the announcement, a political group or at least 40 Members request that it be put to the vote .

3.   Opinions forwarded by the Economic and Social Committee shall be referred to the committee responsible.

3.   Opinions forwarded by the Economic and Social Committee shall be referred to the committee responsible.

Amendment 165

Parliament's Rules of Procedure

Rule 138

Present text

Amendment

Rule 138

Rule 138

Consultation of the Committee of the Regions

Consultation of the Committee of the Regions

1.   Where the Treaty on the Functioning of the European Union provides for consultation of the Committee of the Regions, the President shall initiate the consultation procedure and inform Parliament thereof.

1.   Where the Treaty on the Functioning of the European Union provides for consultation of the Committee of the Regions, the President shall initiate the consultation procedure and inform Parliament thereof.

2.   A committee may request that the Committee of the Regions be consulted on matters of a general nature or on specific points.

2.   A committee may request that the Committee of the Regions be consulted on matters of a general nature or on specific points.

The committee shall indicate the deadline for delivery by the Committee of the Regions of its opinion.

The committee shall indicate the deadline for delivery by the Committee of the Regions of its opinion.

A request for consultation of the Committee of the Regions shall be approved by Parliament without debate .

A request for consultation of the Committee of the Regions shall be announced to Parliament at its next part-session and shall be deemed to have been approved, unless within 24 hours from the announcement a political group or at least 40 Members request that it be put to the vote .

3.   Opinions forwarded by the Committee of the Regions shall be referred to the committee responsible.

3.   Opinions forwarded by the Committee of the Regions shall be referred to the committee responsible.

Amendment 166

Parliament's Rules of Procedure

Rule 140

Present text

Amendment

Rule 140

Rule 140

Interinstitutional agreements

Interinstitutional agreements

1.   Parliament may enter into agreements with other institutions in the context of the application of the Treaties or in order to improve or clarify procedures.

1.   Parliament may enter into agreements with other institutions in the context of the application of the Treaties or in order to improve or clarify procedures.

Such agreements may take the form of joint declarations, exchanges of letters, codes of conduct or other appropriate instruments. They shall be signed by the President after examination by the committee responsible for constitutional affairs and after approval by Parliament. They may be annexed to the Rules of Procedure for information.

Such agreements may take the form of joint declarations, exchanges of letters, codes of conduct or other appropriate instruments. They shall be signed by the President after examination by the committee responsible for constitutional affairs and after approval by Parliament.

2.   Where such agreements necessitate changes to existing procedural rights or obligations or establish new procedural rights or obligations for Members or bodies of Parliament, or otherwise necessitate amendment or interpretation of the Rules of Procedure, the matter shall be referred to the committee responsible for its consideration in accordance with Rule 226(2) to (6) before the agreement is signed.

2.   Where such agreements necessitate changes to existing procedural rights or obligations or establish new procedural rights or obligations for Members or bodies of Parliament, or otherwise necessitate amendment or interpretation of the Rules of Procedure, the matter shall be referred to the committee responsible for its consideration in accordance with Rule 226(2) to (6) before the agreement is signed.

Amendment 167

Parliament's Rules of Procedure

Rule 141

Present text

Amendment

Rule 141

Rule 141

Proceedings before the Court of Justice of the European Union

Proceedings before the Court of Justice of the European Union

1.   Parliament shall, within the time limits specified by the Treaties and the Statute of the Court of Justice of the European Union for action by the institutions of the Union and by natural or legal persons, examine Union legislation and its implementing measures in order to ensure that the Treaties have been fully complied with, in particular where Parliament's rights are concerned.

1.   Parliament shall, within the time limits specified by the Treaties and the Statute of the Court of Justice of the European Union for action by the institutions of the Union and by natural or legal persons, examine Union legislation and its implementation in order to ensure that the Treaties have been fully complied with, in particular where Parliament's rights are concerned.

2.   The committee responsible shall report to Parliament, orally if necessary, if it suspects a breach of Union law.

2.   The committee responsible for legal affairs shall report to Parliament, orally if necessary, if it suspects a breach of Union law. Where appropriate, it may hear the views of the committee responsible for the subject matter.

3.   The President shall bring an action on behalf of Parliament in accordance with the recommendation of the committee responsible.

3.   The President shall bring an action on behalf of Parliament in accordance with the recommendation of the committee responsible for legal affairs .

At the start of the following part-session, the President may ask the plenary to decide whether the action should be maintained. Should plenary rule against the action by a majority of the votes cast, he shall withdraw it .

At the start of the following part-session, the President may ask Parliament to decide whether the action should be maintained. If Parliament rules against the action by a majority of the votes cast, the President shall withdraw the action.

Should the President bring an action contrary to the recommendation of the committee responsible, he shall, at the start of the following part-session, ask the plenary to decide whether the action should be maintained.

Should the President bring an action contrary to the recommendation of the committee responsible, he shall, at the start of the following part-session, ask Parliament to decide whether the action should be maintained.

4.   The President shall submit observations or intervene in court proceedings on behalf of Parliament after consulting the committee responsible.

4.   The President shall submit observations or intervene in court proceedings on behalf of Parliament after consulting the committee responsible for legal affairs .

If the President intends to depart from the recommendation of the committee responsible, he shall inform the committee accordingly and shall refer the matter to the Conference of Presidents, stating his reasons.

If the President intends to depart from the recommendation of the committee responsible for legal affairs , he or she shall inform the committee accordingly and shall refer the matter to the Conference of Presidents, stating his or her reasons.

If the Conference of Presidents takes the view that Parliament should, exceptionally, not submit observations or intervene before the Court of Justice of the European Union where the legal validity of an act of Parliament is being questioned, the matter shall be submitted to plenary without delay.

If the Conference of Presidents takes the view that Parliament should, exceptionally, not submit observations or intervene before the Court of Justice of the European Union where the legal validity of an act of Parliament is being questioned, the matter shall be submitted to Parliament without delay.

In urgent cases, the President may take precautionary action in order to comply with the time-limits prescribed by the court concerned. In such cases, the procedure provided for in this paragraph shall be implemented at the earliest opportunity.

 

Nothing in the Rules prevents the committee responsible from deciding on appropriate procedural arrangements for the timely transmission of its recommendation in urgent cases.

Nothing in the Rules prevents the committee responsible from deciding on appropriate procedural arrangements for the timely transmission of its recommendation in urgent cases.

Rule 108(6) of the Rules of Procedure lays down a specific procedure by means of which Parliament can take a decision on whether to exercise its prerogative, pursuant to Article 218(11) TFEU, to seek an opinion from the Court of Justice on the compatibility of an international agreement with the Treaties; that provision constitutes a ‘lex specialis’ which takes precedence over the general provision laid down in Rule 141 of the Rules of Procedure.

 

When a decision must be taken as to whether Parliament should exercise its rights vis-à-vis the Court of Justice of the European Union, and the act in question is not covered by Rule 141 of the Rules of Procedure, the procedure provided for in this rule should apply, mutatis mutandis.

When a decision must be taken as to whether Parliament should exercise its rights vis-à-vis the Court of Justice of the European Union, and the act in question is not covered by Rule 141 of the Rules of Procedure, the procedure provided for in this rule should apply, mutatis mutandis.

 

4a.     In urgent cases, where possible after consulting the Chair and the rapporteur of the committee responsible for legal affairs, the President may take precautionary action in order to comply with the relevant time-limits. In such cases, the procedure provided for in paragraphs 3 or 4, shall, as applicable, be implemented at the earliest opportunity.

 

4b.     The committee responsible for legal affairs shall lay down the principles that it will use in its application of this Rule.

Amendment 168

Parliament's Rules of Procedure

Rule 143

Present text

Amendment

Rule 143

Rule 143

Conference of European Affairs Committees (COSAC)

Conference of Parliamentary Committees for Union Affairs (COSAC)

1.   On a proposal from the President, the Conference of Presidents shall name the members of, and may confer a mandate on, Parliament’s delegation to COSAC. The delegation shall be headed by a Vice-President of the European Parliament responsible for implementation of relations with the national parliaments and by the Chair of the committee responsible for institutional matters .

1.   On a proposal from the President, the Conference of Presidents shall name the members of, and may confer a mandate on, Parliament's delegation to COSAC. The delegation shall be headed by a Vice-President of the European Parliament responsible for implementation of relations with the national parliaments and by the Chair of the committee responsible for constitutional affairs .

2.   The other members of the delegation shall be chosen in the light of the subjects to be discussed at the COSAC meeting and shall comprise, as far as possible, representatives of the committees responsible for those subjects . A report shall be submitted by the delegation after each meeting.

2.   The other members of the delegation shall be chosen in the light of the subjects to be discussed at the COSAC meeting and shall comprise, as far as possible, representatives of the committees responsible for those subjects.

3.   Due account shall be taken of the overall political balance within Parliament.

3.   Due account shall be taken of the overall political balance within Parliament.

 

3a.     The delegation shall submit a report to the Conference of Presidents after each COSAC meeting.

Amendment 169

Parliament's Rules of Procedure

Rule 146

Present text

Amendment

Rule 146

Rule 146

Convening of Parliament

Convening of Parliament

1.   Parliament shall meet, without requiring to be convened, on the second Tuesday in March each year and shall itself determine the duration of adjournments of the session.

1.    In accordance with the first paragraph of Article 229 of the Treaty on the Functioning of the European Union, Parliament shall meet, without requiring to be convened, on the second Tuesday in March each year. It shall itself determine the duration of adjournments of the session.

2.   Parliament shall in addition meet, without requiring to be convened on the first Tuesday after expiry of an interval of one month from the end of the period referred to in Article 10(1) of the Act of 20 September 1976.

2.   Parliament shall in addition meet, without requiring to be convened on the first Tuesday after expiry of an interval of one month from the end of the period referred to in Article 10(1) of the Act of 20 September 1976.

3.   The Conference of Presidents, stating its reasons, may alter the duration of adjournments decided pursuant to paragraph 1 at least two weeks before the date previously fixed by Parliament for resuming the session; the date of resumption shall not, however, be postponed for more than two weeks.

3.   The Conference of Presidents, stating its reasons, may alter the duration of adjournments decided pursuant to paragraph 1 at least two weeks before the date previously fixed by Parliament for resuming the session; the date of resumption shall not, however, be postponed for more than two weeks.

4.   Exceptionally, after consulting the Conference of Presidents, the President shall convene Parliament at the request of a majority of its component Members or at the request of the Commission or the Council.

4.   Exceptionally, after consulting the Conference of Presidents, the President shall convene Parliament at the request of a majority of its component Members or at the request of the Commission or the Council.

Exceptionally, with the approval of the Conference of Presidents, the President may convene Parliament in cases of urgency.

Exceptionally, with the approval of the Conference of Presidents, the President may convene Parliament in cases of urgency.

Amendment 170

Parliament's Rules of Procedure

Rule 148

Present text

Amendment

Rule 148

Rule 148

Attendance of Members at sittings

Attendance of Members at sittings

1.   An attendance register shall be open for signature by Members at each sitting.

1.   An attendance register shall be open for signature by Members at each sitting.

2.   The names of the Members present , as shown in the attendance register, shall be recorded in the minutes of each sitting as ‘present’. The names of the Members excused by the President shall be recorded in the minutes of each sitting as ‘excused’.

2.   The names of the Members recorded as being present in the attendance register shall be indicated in the minutes of each sitting as ‘present’. The names of the Members excused by the President shall be indicated in the minutes of each sitting as ‘excused’.

Amendment 171

Parliament's Rules of Procedure

Rule 149

Present text

Amendment

Rule 149

Rule 149

Draft agenda

Draft agenda

1.   Before each part-session the draft agenda shall be drawn up by the Conference of Presidents on the basis of recommendations by the Conference of Committee Chairs taking into account the agreed Commission Work Programme referred to in Rule 37 .

1.   Before each part-session the draft agenda shall be drawn up by the Conference of Presidents on the basis of recommendations by the Conference of Committee Chairs.

The Commission and the Council may, at the invitation of the President attend the deliberations of the Conference of Presidents on the draft agenda.

The Commission and the Council may, at the invitation of the President attend the deliberations of the Conference of Presidents on the draft agenda.

2.   The draft agenda may indicate voting times for certain items down for consideration.

2.   The draft agenda may indicate voting times for certain items down for consideration.

3.    One or two periods, together totalling a maximum of 60 minutes, may be set aside in the draft agenda for debates on cases of breaches of human rights, democracy and the rule of law pursuant to Rule 135.

 

4.   The final draft agenda shall be distributed to Members at least three hours before the beginning of the part-session.

4.   The final draft agenda shall be made available to Members at least three hours before the beginning of the part-session.

Amendment 172

Parliament's Rules of Procedure

Rule 150

Present text

Amendment

Rule 150

Rule 150

Procedure in plenary without amendment and debate

Procedure in plenary without amendment and debate

1.    Any proposal for a legislative act (first reading) and any non-legislative motion for a resolution adopted in committee with fewer than one tenth of the members of the committee voting against shall be placed on the draft agenda of Parliament for vote without amendment.

1.    Where a report has been adopted in committee with fewer than one tenth of the members of the committee voting against , it shall be placed on the draft agenda of Parliament for vote without amendment.

The item shall then be subject to a single vote unless, before the drawing up of the final draft agenda, political groups or individual Members who together constitute one-tenth of the Members of Parliament have requested in writing that the item be open to amendment, in which case the President shall set a deadline for tabling amendments.

The item shall then be subject to a single vote unless, before the drawing up of the final draft agenda, political groups or individual Members who together constitute one-tenth of the Members of Parliament have requested in writing that the item be open to amendment, in which case the President shall set a deadline for tabling amendments.

2.   Items placed on the final draft agenda for vote without amendment shall also be without debate unless Parliament, when adopting its agenda at the start of a part-session, decides otherwise on a proposal from the Conference of Presidents or at the request of a political group or at least 40 Members.

2.   Items placed on the final draft agenda for vote without amendment shall also be without debate unless Parliament, when adopting its agenda at the start of a part-session, decides otherwise on a proposal from the Conference of Presidents or at the request of a political group or at least 40 Members.

3.   When drawing up the final draft agenda for a part-session, the Conference of Presidents may propose that other items be taken without amendment or without debate. When adopting its agenda, Parliament may not accept any such proposal if a political group or at least 40 Members have tabled their opposition in writing at least one hour before the opening of the part-session.

3.   When drawing up the final draft agenda for a part-session, the Conference of Presidents may propose that other items be taken without amendment or without debate. When adopting its agenda, Parliament may not accept any such proposal if a political group or at least 40 Members have tabled their opposition in writing at least one hour before the opening of the part-session.

4.   When an item is taken without debate, the rapporteur or the Chair of the committee responsible may make a statement lasting no more than two minutes immediately prior to the vote.

4.   When an item is taken without debate, the rapporteur or the Chair of the committee responsible may make a statement lasting no more than two minutes immediately prior to the vote.

Amendment 173

Parliament's Rules of Procedure

Rule 152

Present text

Amendment

Rule 152

Rule 149a

Adopting and amending the agenda

Adopting and amending the agenda

1.   At the beginning of each part-session, Parliament shall take a decision on the final draft agenda . Amendments may be proposed by a committee, a political group or at least 40 Members. Any such proposals must be received by the President at least one hour before the opening of the part-session. The President may give the floor to the mover , one speaker in favour and one speaker against, in each case for not more than one minute.

1.   At the beginning of each part-session, Parliament shall adopt its agenda. Amendments to the final draft agenda may be proposed by a committee, a political group or at least 40 Members. Any such proposals must be received by the President at least one hour before the opening of the part-session. The President may give the floor to the mover and to one speaker against, in each case for not more than one minute.

2.   Once adopted, the agenda may not be amended, except in pursuance of Rules 154 or 187 to 191 or on a proposal from the President.

2.   Once adopted, the agenda may not be amended, except in pursuance of Rules 154 or 187 to 191 or on a proposal from the President.

If a procedural motion to amend the agenda is rejected, it may not be tabled again during the same part-session.

If a procedural motion to amend the agenda is rejected, it may not be tabled again during the same part-session.

3.   Before closing the sitting, the President shall announce the date, time and agenda of the next sitting.

3.   Before closing the sitting, the President shall announce the date, time and agenda of the next sitting.

 

This Rule shall be moved immediately after Rule 149 as it concerns the draft agenda.

Amendment 174

Parliament's Rules of Procedure

Rule 153 a (new)

Present text

Amendment

 

Rule 153 a

 

Topical debate requested by a political group

 

1.    At each part-session, one or two periods of not less than 60 minutes each shall be set aside in the draft agenda for debates on a topical matter of major interest to European Union policy.

 

2.    Each political group shall have the right to propose a topical matter of its choice for at least one such debate per year. The Conference of Presidents shall ensure, over a rolling period of one year, a fair distribution among the political groups of the exercise of that right.

 

3.    The political groups shall transmit the topical matter of their choice to the President in writing before the drawing up of the final draft agenda by the Conference of Presidents. Rule 38(1) concerning the rights, freedoms and principles recognised by Article 6 of the Treaty on European Union and the values enshrined in its Article 2 shall be fully respected.

 

4.    The Conference of Presidents shall determine the time at which such a debate is to be held. It may decide by a majority representing four-fifths of the Parliament Members to reject a matter put forward by a group.

 

5.    The debate shall be introduced by a representative of the political group having proposed the topical matter. Speaking time following this introduction shall be allocated in accordance with Rule 162 (4) and (5).

 

6.    The debate shall be wound up without the adoption of a resolution.

Amendment 175

Parliament's Rules of Procedure

Rule 154

Present text

Amendment

Rule 154

Rule 154

Urgent procedure

Urgent procedure

1.   A request that a debate on a proposal on which Parliament has been consulted pursuant to Rule 47(1) be treated as urgent may be made to Parliament by the President, a committee, a political group, at least 40 Members, the Commission or the Council. This request shall be made in writing and supported by reasons.

1.   A request that a debate on a proposal submitted to Parliament pursuant to Rule 47(1) be treated as urgent may be made to Parliament by the President, a committee, a political group, at least 40 Members, the Commission or the Council. This request shall be made in writing and supported by reasons.

2.   As soon as the President has received a request for urgent debate this shall be announced to Parliament. The vote on the request shall be taken at the beginning of the sitting following that during which the announcement was made, provided that the proposal to which the request relates has been distributed in the official languages. Where there are several requests for urgent debate on the same subject, the approval or rejection of the request for urgent debate shall apply to all the requests on the same subject.

2.   As soon as the President has received a request for urgent debate this shall be announced to Parliament. The vote on the request shall be taken at the beginning of the sitting following that during which the announcement was made, provided that the proposal to which the request relates has been distributed in the official languages. Where there are several requests for urgent debate on the same subject, the approval or rejection of the request for urgent debate shall apply to all the requests on the same subject.

3.   Before the vote, only the mover, one speaker in favour, one speaker against, and the Chair and/or rapporteur of the committee responsible may be heard, in each case for no more than three minutes.

3.   Before the vote, only the mover, one speaker against, and the Chair and/or rapporteur of the committee responsible may be heard, and in each case for no more than three minutes.

4.   Questions to be dealt with by urgent procedure shall be given priority over other items on the agenda. The President shall determine the time of the debate and vote.

4.   Questions to be dealt with by urgent procedure shall be given priority over other items on the agenda. The President shall determine the time of the debate and vote.

5.   An urgent debate may be held without a report or, exceptionally, on the basis of an oral report by the committee responsible.

5.   An urgent procedure may be held without a report or, exceptionally, on the basis of an oral report by the committee responsible.

 

Where an urgent procedure is used and interinstitutional negotiations take place, Rules 73 and 73a shall not apply. Rule 73d shall apply mutatis mutandis.

Amendment 176

Parliament's Rules of Procedure

Rule 156

Present text

Amendment

Rule 156

Rule 156

Time limits

Time limits

Except in the cases of urgency referred to in Rules 135 and 154, a debate and vote shall not be opened on a text unless it has been distributed at least 24 hours earlier.

Except in the cases of urgency referred to in Rules 135 and 154, a debate and vote shall not be opened on a text unless it has been made available at least 24 hours earlier.

Amendment 177

Parliament's Rules of Procedure

Rule 157

Present text

Amendment

Rule 157

Rule 157

Access to the Chamber

Access to the Chamber

1.   No person may enter the Chamber except Members of Parliament, Members of the Commission or Council, the Secretary-General of Parliament, members of staff whose duties require their presence there, and experts or officials of the European Union .

1.   No person may enter the Chamber except Members of Parliament, Members of the Commission or Council, the Secretary-General of Parliament, members of staff whose duties require their presence there, and any person invited by the President .

2.   Only holders of an admission card duly issued by the President or Secretary-General of Parliament shall be admitted to the galleries.

2.   Only holders of an admission card duly issued by the President or Secretary-General of Parliament shall be admitted to the galleries.

3.   Members of the public admitted to the galleries shall remain seated and keep silent. Any person expressing approval or disapproval shall immediately be ejected by the ushers.

3.   Members of the public admitted to the galleries shall remain seated and keep silent. Any person expressing approval or disapproval shall immediately be ejected by the ushers.

Amendment 178

Parliament's Rules of Procedure

Rule 158

Present text

Amendment

Rule 158

Rule 158

Languages

Languages

1.   All documents of Parliament shall be drawn up in the official languages.

1.   All documents of Parliament shall be drawn up in the official languages.

2.   All Members shall have the right to speak in Parliament in the official language of their choice. Speeches delivered in one of the official languages shall be simultaneously interpreted into the other official languages and into any other language the Bureau may consider necessary.

2.   All Members shall have the right to speak in Parliament in the official language of their choice. Speeches delivered in one of the official languages shall be simultaneously interpreted into the other official languages and into any other language the Bureau may consider necessary.

3.   Interpretation shall be provided in committee and delegation meetings from and into the official languages used and requested by the members and substitutes of that committee or delegation.

3.   Interpretation shall be provided in committee and delegation meetings from and into the official languages used and requested by the members and substitutes of that committee or delegation.

4.   At committee and delegation meetings away from the usual places of work interpretation shall be provided from and into the languages of those members who have confirmed that they will attend the meeting. These arrangements may exceptionally be made more flexible where the members of the committee or delegation so agree. In the event of disagreement, the Bureau shall decide .

4.   At committee and delegation meetings away from the usual places of work interpretation shall be provided from and into the languages of those members who have confirmed that they will attend the meeting. These arrangements may exceptionally be made more flexible . The Bureau shall adopt the necessary provisions .

Where it has been established after the result of a vote has been announced that there are discrepancies between different language versions, the President decides whether the result announced is valid pursuant to Rule 184(5). If he declares the result valid, he must decide which version is to be regarded as having been adopted. However, the original version cannot be taken as the official text as a general rule, since a situation may arise in which all the other languages differ from the original text.

 

 

4a.     After the result of a vote has been announced, the President shall rule on any requests concerning alleged discrepancies between the different language versions.

Amendment 179

Parliament's Rules of Procedure

Rule 159

Present text

Amendment

Rule 159

Rule 159

Transitional arrangement

Transitional arrangement

1.   During a transitional period expiring at the end of the eighth parliamentary term (20), derogations from Rule 158 shall be permissible if and to the extent that, despite adequate precautions, interpreters or translators for an official language are not available in sufficient numbers.

1.   During a transitional period expiring at the end of the eighth parliamentary term (20), derogations from Rule 158 shall be permissible if and to the extent that, despite adequate precautions, interpreters or translators for an official language are not available in sufficient numbers.

2.   The Bureau, on a proposal from the Secretary-General, shall ascertain with respect to each of the official languages concerned whether the conditions set out in paragraph 1 are fulfilled, and shall review its decision at six-monthly intervals on the basis of a progress report from the Secretary-General. The Bureau shall adopt the necessary implementing rules.

2.   The Bureau, on a proposal from the Secretary-General and having due regard to the arrangements referred to in paragraph 3 , shall ascertain with respect to each of the official languages concerned whether the conditions set out in paragraph 1 are fulfilled, and shall review its decision at six-monthly intervals on the basis of a progress report from the Secretary-General. The Bureau shall adopt the necessary implementing rules.

3.   The temporary special arrangements adopted by the Council on the basis of the Treaties concerning the drafting of legal acts, with the exception of regulations adopted jointly by the European Parliament and the Council , shall apply.

3.   The temporary special arrangements adopted by the Council on the basis of the Treaties concerning the drafting of legal acts shall apply.

4.   On a reasoned recommendation from the Bureau, Parliament may decide at any time to repeal this Rule early or, at the end of the period indicated in paragraph 1, to extend it.

4.   On a reasoned recommendation from the Bureau, Parliament may decide at any time to repeal this Rule early or, at the end of the period indicated in paragraph 1, to extend it.

Amendment 180

Parliament's Rules of Procedure

Rule 160

Present text

Amendment

Rule 160

Rule 160

Distribution of documents

Distribution of documents

Documents forming the basis for Parliament's debates and decisions shall be printed and distributed to Members. A list of these documents shall be published in the minutes of Parliament's sittings .

Documents forming the basis for Parliament's debates and decisions shall be made available to Members.

Without prejudice to the application of the first paragraph, Members and political groups shall have direct access to the European Parliament's internal computer system for the consultation of any non-confidential preparatory document (draft report, draft recommendation, draft opinion, working document, amendments tabled in committee).

Without prejudice to the application of the first paragraph, Members and political groups shall have direct access to the European Parliament's internal computer system for the consultation of any non-confidential preparatory document (draft report, draft recommendation, draft opinion, working document, amendments tabled in committee).

Amendment 181

Parliament's Rules of Procedure

Rule 162

Present text

Amendment

Rule 162

Rule 162

Allocation of speaking time and list of speakers

Allocation of speaking time and list of speakers

1.   The Conference of Presidents may propose to Parliament that speaking time be allocated for a particular debate. Parliament shall decide on this proposal without debate.

1.   The Conference of Presidents may propose to Parliament that speaking time be allocated for a particular debate. Parliament shall decide on this proposal without debate.

2.   Members may not speak unless called upon to do so by the President. Members shall speak from their places and shall address the President. If speakers depart from the subject, the President shall call them to order.

2.   Members may not speak unless called upon to do so by the President. Members shall speak from their places and shall address the President. If speakers depart from the subject, the President shall call them to order.

3.   The President may draw up, for the first part of a particular debate, a list of speakers that includes one or more rounds of speakers from each political group wishing to speak, in the order of their size, and one non-attached Member.

3.   The President may draw up, for the first part of a particular debate, a list of speakers that includes one or more rounds of speakers from each political group wishing to speak, in the order of their size.

4.   Speaking time for this part of a debate shall be allocated in accordance with the following criteria:

4.   Speaking time for this part of a debate shall be allocated in accordance with the following criteria:

(a)

a first fraction of speaking time shall be divided equally among all the political groups;

(a)

a first fraction of speaking time shall be divided equally among all the political groups;

(b)

a further fraction shall be divided among the political groups in proportion to the total number of their members;

(b)

a further fraction shall be divided among the political groups in proportion to the total number of their members;

(c)

the non-attached Members shall be allocated an overall speaking time based on the fractions allocated to each political group under points (a) and (b).

(c)

the non-attached Members shall be allocated an overall speaking time based on the fractions allocated to each political group under points (a) and (b);

 

(ca)

the allocation of speaking time in the plenary shall take into consideration the fact that Members with disabilities might need more time.

5.   Where a total speaking time is allocated for several items on the agenda, the political groups shall inform the President of the fraction of their speaking time to be used for each individual item. The President shall ensure that these speaking times are respected.

5.   Where a total speaking time is allocated for several items on the agenda, the political groups shall inform the President of the fraction of their speaking time to be used for each individual item. The President shall ensure that these speaking times are respected.

6.   The remaining part of the time for a debate shall not be specifically allocated in advance. Instead, the President shall call on Members to speak, as a general rule for no more than one minute. The President shall ensure — as far as possible — that speakers holding different political views and from different Member States are heard in turn.

6.   The remaining part of the time for a debate shall not be specifically allocated in advance. Instead, the President may call on Members to speak, as a general rule for no more than one minute. The President shall ensure — as far as possible — that speakers holding different political views and from different Member States are heard in turn.

7.   On request priority may be given to the Chair or rapporteur of the committee responsible and to the Chairs of political groups who wish to speak on their groups' behalf, or to speakers deputising for them.

7.   On request priority may be given by the President to the Chair or rapporteur of the committee responsible and to the presidents of political groups who wish to speak on their groups' behalf, or to speakers deputising for them.

8.   The President may give the floor to Members who indicate, by raising a blue card, their wish to put to another Member, during that Member's speech, a question of no longer than half a minute's duration , if the speaker agrees and if the President is satisfied that this will not lead to a disruption of the debate.

8.   The President may give the floor to Members who indicate, by raising a blue card, their wish to put to another member, during that Member's speech, a question of no longer than half a minute's duration related to what that Member has said , provided that the speaker agrees and the President is satisfied that this will lead neither to disruption of the debate nor, through successive questions put by the raising of blue cards, to a gross imbalance in the political group affinities of Members speaking in it .

9.   No Member may speak for more than one minute on any of the following: the minutes of the sitting, procedural motions, or amendments to the final draft agenda or the agenda.

9.   No Member may speak for more than one minute on any of the following: the minutes of the sitting, procedural motions, or amendments to the final draft agenda or the agenda.

10.    Without prejudice to his other disciplinary powers, the President may cause to be deleted from the verbatim reports of debates of sittings the speeches of Members who have not been called upon to speak or who continue to speak beyond the time allotted to them.

 

11.   In the debate on a report the Commission and the Council shall as a rule be heard immediately after its presentation by the rapporteur. The Commission, the Council and the rapporteur may be heard again, in particular in order to respond to the statements made by Members.

11.   In the debate on a report the Commission and the Council shall as a rule be heard immediately after its presentation by the rapporteur. The Commission, the Council and the rapporteur may be heard again, in particular in order to respond to the statements made by Members.

12.   Members who have not spoken in a debate may, at most once per part-session, hand in a written statement of not more than 200 words, which shall be appended to the verbatim report of the debate.

12.   Members who have not spoken in a debate may, at most once per part-session, hand in a written statement of not more than 200 words, which shall be appended to the verbatim report of the debate.

13.    Without prejudice to Article 230 of the Treaty on the Functioning of the European Union, the President shall seek to reach an understanding with the Commission, the Council and the President of the European Council on the appropriate allocation of speaking time for them.

13.    Having due regard to Article 230 of the Treaty on the Functioning of the European Union, the President shall seek to reach an understanding with the Commission, the Council and the President of the European Council on the appropriate allocation of speaking time for them.

Amendment 182

Parliament's Rules of Procedure

Rule 164 a (new)

Present text

Amendment

 

Rule 164 a

 

Prevention of obstruction

 

The President shall have the power to put an end to the excessive use of motions such as points of order, procedural motions or explanations of vote, or of requests for separate, split or roll-call votes, where he is convinced that those motions or requests are manifestly intended to cause, and would result in, a prolonged and serious obstruction of the procedures of Parliament or the rights of the Members.

 

(In chapter 3 ‘General rules for the conduct of sittings’)

Amendment 183

Parliament's Rules of Procedure

Rule 165

Present text

Amendment

Rule 165

Rule 165

Immediate measures

Immediate measures

1.   The President shall call to order any Member who disrupts the smooth conduct of the proceedings or whose conduct fails to comply with the relevant provisions of Rule 11.

1.   The President shall call to order any Member who disrupts the smooth conduct of the proceedings or whose conduct fails to comply with the relevant provisions of Rule 11.

2.   Should the offence be repeated, the President shall again call the Member to order, and the fact shall be recorded in the minutes.

2.   Should the offence be repeated, the President shall again call the Member to order, and the fact shall be recorded in the minutes.

3.   Should the disturbance continue, or if a further offence is committed, the offender may be denied the right to speak and may be excluded from the Chamber by the President for the remainder of the sitting. The President may also resort to the latter measure immediately and without a second call to order in cases of exceptional seriousness. The Secretary-General shall, without delay, see to it that such disciplinary measures are carried out, with the assistance of the ushers and, if necessary, of Parliament's Security Service.

3.   Should the disturbance continue, or if a further offence is committed, the offender may be denied the right to speak and may be excluded from the Chamber by the President for the remainder of the sitting. The President may also resort to the latter measure immediately and without a second call to order in cases of exceptional seriousness. The Secretary-General shall, without delay, see to it that such disciplinary measures are carried out, with the assistance of the ushers and, if necessary, of Parliament's Security Service.

4.   Should disturbances threaten to obstruct the business of the House, the President shall close or suspend the sitting for a specific period to restore order. If the President cannot make himself heard, he shall leave the chair; this shall have the effect of suspending the sitting. The President shall reconvene the sitting.

4.   Should disturbances threaten to obstruct the business of the House, the President shall close or suspend the sitting for a specific period to restore order. If the President cannot make himself heard, he shall leave the chair; this shall have the effect of suspending the sitting. The President shall reconvene the sitting.

 

4a.     The President may decide to interrupt the live broadcasting of the sitting in the case of defamatory, racist or xenophobic language or behaviour by a Member.

 

4b.     The President may decide to delete from the audiovisual record of the proceedings those parts of a speech by a Member that contain defamatory, racist or xenophobic language.

 

That decision shall take immediate effect. It shall, however, be subject to confirmation by the Bureau not later than four weeks after it is taken, or, if the Bureau does not meet in that period, at its next meeting.

5.   The powers provided for in paragraphs 1 to 4 shall be vested, mutatis mutandis, in the presiding officers of bodies, committees and delegations as provided for in the Rules of Procedure.

5.   The powers provided for in paragraphs 1 to 4b shall be vested, mutatis mutandis, in the presiding officers of bodies, committees and delegations as provided for in the Rules of Procedure.

6.   Where appropriate, and bearing in mind the seriousness of the breach of the Members' standards of conduct, the Member in the Chair may, no later than the following part-session or the following meeting of the body, committee or delegation concerned, ask the President to apply Rule 166.

6.   Where appropriate, and bearing in mind the seriousness of the breach of the Members' standards of conduct, the Member in the Chair may, no later than the following part-session or the following meeting of the body, committee or delegation concerned, ask the President to apply Rule 166.

Amendment 184

Parliament's Rules of Procedure

Rule 166

Present text

Amendment

Rule 166

Rule 166

Penalties

Penalties

1.   In exceptionally serious cases of disorder or disruption of Parliament in violation of the principles laid down in Rule 11, the President , after hearing the Member concerned, shall adopt a reasoned decision laying down the appropriate penalty , which he shall notify to the Member concerned and to the presiding officers of the bodies, committees and delegations on which the Member serves , before announcing it to plenary .

1.   In serious cases of disorder or disruption of Parliament in violation of the principles laid down in Rule 11, the President shall adopt a reasoned decision laying down the appropriate penalty.

 

The Member concerned shall be invited by the President to submit written observations before the decision is adopted. In exceptional cases, the President may decide to convene an oral hearing of the Member concerned.

 

The decision shall be notified to the Member concerned via registered letter or, in urgent cases, via the ushers.

 

After being notified to the Member concerned, any penalty imposed on a Member shall be announced by the President in Parliament, and the presiding officers of the bodies, committees and delegations on which the Member serves shall be informed.

 

Once the penalty is final, it shall be published prominently on Parliament's website for the remainder of the parliamentary term .

2.   When assessing the conduct observed, account shall be taken of its exceptional, recurrent or permanent nature and of its seriousness, on the basis of the guidelines annexed to these Rules of Procedure  (21) .

2.   When assessing the conduct observed, account shall be taken of its exceptional, recurrent or permanent nature and of its seriousness.

 

A distinction should be drawn between actions of a visual nature, which may be tolerated provided they are not offensive, defamatory, racist or xenophobic, and remain within reasonable bounds, and those which actively disrupt parliamentary activity.

3.   The penalty may consist of one or more of the following measures:

3.   The penalty may consist of one or more of the following measures:

(a)

a reprimand;

(a)

a reprimand;

(b)

forfeiture of entitlement to the daily subsistence allowance for a period of between two and ten days;

(b)

forfeiture of entitlement to the daily subsistence allowance for a period of between two and thirty days;

(c)

without prejudice to the right to vote in plenary, and subject, in this instance, to strict compliance with the Members' standards of conduct, temporary suspension from participation in all or some of the activities of Parliament for a period of between two and ten consecutive days on which Parliament or any of its bodies, committees or delegations meet;

(c)

without prejudice to the right to vote in plenary, and subject, in this instance, to strict compliance with the Members' standards of conduct, temporary suspension from participation in all or some of the activities of Parliament for a period of between two and thirty days on which Parliament or any of its bodies, committees or delegations meet;

(d)

submission to the Conference of Presidents, in accordance with Rule 21, of a proposal for the Member’s suspension or removal from one or more of the offices held by the Member in Parliament.

 

 

(d a)

prohibition of the Member from representing the Parliament on an inter-parliamentary delegation, inter-parliamentary conference or any inter-institutional forum, for up to one year.

 

(d b)

in the case of a breach in the obligations of confidentiality, a limitation in the rights to access confidential or classified information for up to one year.

 

3a.     The measures laid down in paragraph 3 (b) to (d b) may be doubled in the case of repeated offences, or if the Member refuses to comply with a measure taken under Rule 165(3),

 

3b.     The President may additionally submit a proposal to the Conference of Presidents for the suspension or removal of the Member from one or more of the offices held by the Member in Parliament, in accordance with the procedure laid down in Rule 21.

 

Amendment 185

Parliament's Rules of Procedure

Rule 167

Present text

Amendment

Rule 167

Rule 167

Internal appeal procedures

Internal appeal procedures

The Member concerned may lodge an internal appeal with the Bureau within two weeks of notification of the penalty imposed by the President. Such an appeal shall have the effect of suspending the application of that penalty. The Bureau may, not later than four weeks after the lodging of the appeal, annul, confirm or reduce the penalty imposed, without prejudice to the external rights of appeal open to the Member concerned. Should the Bureau fail to take a decision within the time limit laid down, the penalty shall be declared null and void.

The Member concerned may lodge an internal appeal with the Bureau within two weeks of notification of the penalty imposed by the President by virtue of Rule 166(1) to (3a) . Such an appeal shall have the effect of suspending the application of that penalty. The Bureau may, not later than four weeks after the lodging of the appeal or, if it does not meet in that period, at its next meeting , annul, confirm or modify the penalty imposed, without prejudice to the external rights of appeal open to the Member concerned. Should the Bureau fail to take a decision within the time limit laid down, the penalty shall be deemed to be null and void.

Amendment 186

Parliament's Rules of Procedure

Title VII — chapter 5 — title

Present text

Amendment

QUORUM AND VOTING

QUORUM , AMENDMENTS AND VOTING

Amendment 187

Parliament's Rules of Procedure

Rule 168

Present text

Amendment

Rule 168

Rule 168

Quorum

Quorum

1.   Parliament may deliberate, settle its agenda and approve the minutes, whatever the number of Members present.

1.   Parliament may deliberate, settle its agenda and approve the minutes, whatever the number of Members present.

2.   A quorum shall exist when one third of the component Members of Parliament are present in the Chamber.

2.   A quorum shall exist when one third of the component Members of Parliament are present in the Chamber.

3.   All votes shall be valid whatever the number of voters unless the President, on a request made before voting has begun by at least 40 Members, establishes at the time of voting that the quorum is not present. If the vote shows that the quorum is not present, the vote shall be placed on the agenda for the next sitting.

3.   All votes shall be valid whatever the number of voters unless the President, on a request made before voting has begun by at least 40 Members, establishes that the quorum is not present. If the number of Members required to make up the quorum is not present, the President shall declare that the quorum is not present, and the vote shall be placed on the agenda for the next sitting.

A request for the quorum to be established must be made by at least 40 Members. A request on behalf of a political group is not admissible.

 

When establishing the result of the vote, account must be taken, in accordance with paragraph 2, of all the Members present in the Chamber and, in accordance with paragraph 4, of all the Members who asked for the quorum to be established. The electronic voting system cannot be used for this purpose . The doors of the Chamber may not be closed.

The electronic voting system may be used in order to check the threshold of 40 Members , but it cannot be used for checking the quorum . The doors of the Chamber may not be closed.

If the number of Members required to make up the quorum is not present, the President shall not announce the result of the vote but shall declare that the quorum is not present.

 

The last sentence of paragraph 3 shall not apply to votes on procedural motions but only to votes on the subject-matter itself.

 

4.   Members who have asked for the quorum to be established shall be counted as being present within the meaning of paragraph 2 , even if they are no longer in the Chamber.

4.   Members who ask for the quorum to be established must be present in the Chamber when the request is made, and shall be counted as being present within the meaning of paragraphs 2 and 3 , even if they then leave the Chamber.

Members who have asked for the quorum to be established must be present in the Chamber when the request is made.

 

5.   If fewer than 40 Members are present, the President may rule that there is no quorum.

5.   If fewer than 40 Members are present, the President may rule that there is no quorum.

Amendment 188

Parliament's Rules of Procedure

Rule 168 a (new)

Present text

Amendment

 

Rule 168a

 

Thresholds

 

1.    For the purposes of these Rules, and unless specified otherwise, the following definitions shall apply:

 

(a)

‘low threshold’ means one-twentieth of Parliament’s component Members or a political group;

 

(b)

‘medium threshold’ means one-tenth of Parliament’s component Members, made up of one or more political groups or individual Members, or a combination of the two;

 

(c)

‘high threshold’ means one-fifth of Parliament’s component Members made up of one or more political groups or individual Members, or a combination of the two.

 

2.    Where, for the purpose of determining whether an applicable threshold has been attained, a Member’s signature is required, that signature may be either handwritten or in electronic form, produced by the electronic signature system of Parliament. Within the relevant time-limits, a Member may withdraw, but may not subsequently renew, his or her signature.

 

3.    Where the support of a political group is necessary in order for a threshold to be attained, the group shall act through its chair or through a person duly designated by him or her for that purpose.

 

4.    The support of a political group shall be counted as follows for the application of the medium and high thresholds:

 

where a Rule laying down such a threshold is invoked in the course of a sitting or meeting: all Members who belong to the supporting group and are physically present;

 

in the other cases: all Members who belong to the supporting group.

Amendment 189

Parliament's Rules of Procedure

Horizontal alignment

Present text

Horizontal alignment

 

Horizontal alignment of Rules and amendments to the new definitions of the thresholds laid down in Rule 168a

 

A.

In the following Rules or amendments concerning the following Rules, the words ‘a political group or at least 40 Members’, in any grammatically inflected form, shall be replaced by ‘a political group or Members reaching at least the low threshold’, with any necessary grammatical changes being made:

 

Rule 15(1)

 

Rule 38(2)

 

Rule 38a (1) (new)

 

Rule 59(1) subparagraph 1

 

Rule 59(1) subparagraph 4 (new)

 

Rule 59 (1a) subparagraph 1 (new)

 

Rule 59(1b) subparagraph 4 (new)

 

Rule 59(1b) subparagraph 5 (new)

 

Rule 63(4) and Rule 78e (2)

 

Rule 67a (1) subparagraph 1 (new) and Rule 68(1)

 

Rule 67a (2) subparagraph 1 (new)

 

Rule 67a (4) subparagraph 1 (new)

 

Rule 69(1)

 

Rule 81(2)

 

Rule 88(1) subparagraph 2

 

Rule 105(3) and (4)

 

Rule 105(6) third indent

 

Rule 106(4)(c) subparagraph 2 (new)

 

Rule 108(2)

 

Rule 108(4)

 

Rule 113(4a) (new)

 

Rule 118(5) subparagraph 1

 

Rule 121(3)

 

Rule 122(3)

 

Rule 122a (4) (new)

 

Rule 123(2)

 

Rule 128(1) subparagraph 1

 

Rule 135(1)

 

Rule 135(2)

 

Rule 137(2) subparagraph 3

 

Rule 138(2) subparagraph 3

 

Rule 150(2)

 

Rule 150(3)

Rule 152(1)

Rule 153(1)

 

Rule 154(1)

 

Rule 169(1) subparagraph 1

 

Rule 170(4) subparagraph 1

Rule 174(5)

 

Rule 174(6)

Rule 176(1)

 

Rule 180 (1)

 

Rule 187(1) subparagraph 1

 

Rule 188(1) subparagraph 1 and (2)

 

Rule 189(1) subparagraph 1

 

Rule 190(1) subparagraph 1

 

Rule 190(4)

 

Rule 226(4)

Rule 231(4)

Annex XVI paragraph 1 c, subparagraph 7

In Rules 88(4) and 113(4a), the words ‘at least 40 Members’, in any grammatically inflected form, shall be replaced by ‘a political group or Members reaching at least the low threshold’, with any necessary grammatical changes being made.

 

B.

In Rules 50(1) and 50(2) subparagraph 1, the words ‘at least one-tenth of the members of the committee’, in any grammatically inflected form, shall be replaced by ‘members or political group(s) reaching at least the medium threshold in the committee’ with any necessary grammatical changes being made.

 

In Rule 73a (2) and Rule 150(1), subparagraph 2, the words ‘political groups or individual Members who together constitute one-tenth of the members of Parliament’ , in any grammatically inflected form, shall be replaced by ‘Members or political group(s) reaching at least the medium threshold’ with any necessary grammatical changes being made.

 

In Rule 210a (4), the words ‘three members of a committee’ shall be replaced by ‘members or political group(s) reaching at least the medium threshold in the committee’ with any necessary grammatical changes being made.

 

C.

In Rule 15(1), the words ‘one-fifth of Parliament's component Members’ shall be replaced by ‘Members or political group(s) reaching at least the high threshold’ with any necessary grammatical changes being made.

 

In Rule 182(2) and Rule 180a (2), the words ‘at least one-fifth of the component Members of Parliament’ shall be replaced by ‘Members or political group(s) reaching at least the high threshold’ with any necessary grammatical changes being made.

 

In Rule 191(1), the words ‘a political group or at least 40 Members’ shall be replaced by ‘Members or political group(s) reaching at least the high threshold’ with any necessary grammatical changes being made.

 

In Rule 204(2), subparagraph 1 and Rule 208(2) the words ‘at least one-sixth of the committee members’ or ‘one sixth of its members’, in any grammatically inflected form, shall be replaced by ‘members or political group(s) reaching at least the high threshold in the committee’ with any necessary grammatical changes being made.

 

In Rule 208(3), the words ‘a quarter of the committee members’ shall be replaced by ‘members or political group(s) reaching at least the high threshold in the committee’ with any necessary grammatical changes being made.

 

D.

This horizontal alignment of the thresholds does not prejudice the adoption, rejection or modification of the above listed Rules and amendments on aspects which are different from the thresholds.

 

(This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

Amendment 190

Parliament's Rules of Procedure

Rule 169

Present text

Amendment

Rule 169

Rule 169

Tabling and moving amendments

Tabling and moving amendments

1.   Amendments for consideration in Parliament may be tabled by the committee responsible, a political group or at least 40 Members.

1.   Amendments for consideration in Parliament may be tabled by the committee responsible, a political group or at least 40 Members. The names of all co-signatories shall be published.

Amendments shall be tabled in writing and signed by their authors.

Amendments shall be tabled in writing and signed by their authors.

Amendments to documents of a legislative nature within the meaning of Rule 47(1) may be accompanied by a short justification. Such justifications shall be the responsibility of the author and shall not be put to the vote.

Amendments to proposals for legally binding acts may be accompanied by a short justification. Such justifications shall be the responsibility of the author and shall not be put to the vote.

2.   Subject to the limitations laid down in Rule 170, an amendment may seek to change any part of a text, and may be directed to deleting, adding or replacing words or figures.

2.   Subject to the limitations laid down in Rule 170, an amendment may seek to change any part of a text, and may be directed to deleting, adding or replacing words or figures.

In this Rule and Rule 170 the term ‘text’ means the whole of a motion for a resolution/draft legislative resolution, of a proposal for a decision or of a proposal for a  legislative act .

In this Rule and Rule 170 the term ‘text’ means the whole of a motion for a resolution/draft legislative resolution, of a proposal for a decision or of a proposal for a  legally binding act .

3.   The President shall set a deadline for the tabling of amendments.

3.   The President shall set a deadline for the tabling of amendments.

4.   An amendment may be moved during the debate by its author or by any other Member appointed by the author to replace him or her.

4.   An amendment may be moved during the debate by its author or by any other Member appointed by the author to replace him or her.

5.   Where an amendment is withdrawn by its author, it shall fall unless immediately taken over by another Member.

5.   Where an amendment is withdrawn by its author, it shall fall unless immediately taken over by another Member.

6.   Amendments shall be put to the vote only after they have been printed and distributed in all the official languages, unless Parliament decides otherwise. Parliament may not decide otherwise if at least 40 Members object. Parliament shall avoid taking decisions which would place Members who use a particular language at an unacceptable disadvantage.

6.   Amendments shall be put to the vote only after they have been made available in all the official languages, unless Parliament decides otherwise. Parliament may not decide otherwise if at least 40 Members object. Parliament shall avoid taking decisions which would place Members who use a particular language at an unacceptable disadvantage.

Where fewer than 100 Members are present, Parliament may not decide otherwise if at least one tenth of the Members present object.

Where fewer than 100 Members are present, Parliament may not decide otherwise if at least one tenth of the Members present object.

On a proposal from the President, an oral amendment, or any other oral modification, shall be treated in the same way as an amendment not distributed in all the official languages. If the President considers it admissible under Rule 170(3), and save in the case of objection under Rule 169(6), it shall be put to the vote in accordance with the order of voting established.

On a proposal from the President, an oral amendment, or any other oral modification, shall be treated in the same way as an amendment not made available in all the official languages. If the President considers it admissible under Rule 170(3), and save in the case of objection under Rule 169(6), it shall be put to the vote in accordance with the order of voting established.

In committee, the number of votes needed to object to such an amendment or such a modification is established on the basis of Rule 209 proportionally to that applicable in plenary, rounded up where necessary to the nearest complete number.

In committee, the number of votes needed to object to such an amendment or such a modification is established on the basis of Rule 209 proportionally to that applicable in plenary, rounded up where necessary to the nearest complete number.

Amendment 191

Parliament's Rules of Procedure

Rule 170

Present text

Amendment

Rule 170

Rule 170

Admissibility of amendments

Admissibility of amendments

1.   No amendment shall be admissible if:

1.    Without prejudice to the additional conditions laid down in Rule 52(2) concerning own initiative reports and Rule 69 (2) concerning amendments to the Council's position, no amendment shall be admissible if:

(a)

it does not directly relate to the text which it seeks to amend;

(a)

it does not directly relate to the text which it seeks to amend;

(b)

it seeks to delete or replace the whole of a text;

(b)

it seeks to delete or replace the whole of a text;

(c)

it seeks to amend more than one of the individual articles or paragraphs of the text to which it relates. This provision shall not apply to compromise amendments nor to amendments which seek to make identical changes to a particular form of words throughout the text;

(c)

it seeks to amend more than one of the individual articles or paragraphs of the text to which it relates. This provision shall not apply to compromise amendments nor to amendments which seek to make identical changes to a particular form of words throughout the text;

 

(c a)

it seeks to amend a proposal for codification of Union legislation; however, the second subparagraph of Rule 103(3) shall apply mutatis mutandis;

 

(c b)

it seeks to amend those parts of a proposal recasting Union legislation which remain unchanged in such proposal; however, the second subparagraph of Rule 104(2) and the third subparagraph of Rule 104(3) shall apply mutatis mutandis;

(d)

it is established that the wording in at least one of the official languages of the text that the amendment is seeking to change does not require amendment ; in this case, the President shall seek out a suitable linguistic remedy together with those concerned.

(d)

it only seeks to ensure the linguistic correctness or address the terminological consistency of the text in the language in which the amendment is tabled ; in this case, the President shall seek a suitable linguistic remedy together with those concerned.

2.    An amendment shall fall if it is inconsistent with decisions previously taken on the text during the same vote.

 

3.   The President shall decide whether amendments are admissible.

3.   The President shall decide whether amendments are admissible.

The President's decision under paragraph 3 concerning the admissibility of amendments is not based exclusively on the provisions of paragraphs 1 and 2 of this Rule but on the provisions of the Rules in general.

The President's decision under paragraph 3 concerning the admissibility of amendments is not based exclusively on the provisions of paragraph 1 of this Rule but on the provisions of the Rules in general.

4.   A political group or at least 40 members may table an alternative motion for a resolution seeking to replace a non-legislative motion for a resolution contained in a committee report.

4.   A political group or at least 40 members may table an alternative motion for a resolution seeking to replace a non-legislative motion for a resolution contained in a committee report.

In such a case, the group or the Members concerned may not table amendments to the motion for a resolution by the committee responsible. The alternative motion for a resolution may not be longer than the committee's motion for a resolution. It shall be put to a single vote in Parliament without amendment.

In such a case, the group or the Members concerned may not table amendments to the motion for a resolution by the committee responsible. The alternative motion for a resolution may not be longer than the committee's motion for a resolution. It shall be put to a single vote in Parliament without amendment.

Rule 123(4) shall apply mutatis mutandis.

Rule 123(4) and (4a) concerning joint motions for resolutions shall apply mutatis mutandis.

 

4a.     With the agreement of the President, amendments may exceptionally be tabled after the close of the deadline for amendments if they are compromise amendments, or if there are technical problems. The President shall decide on the admissibility of such amendments. The President shall obtain the agreement of Parliament to do so before putting such amendments to the vote.

 

The following general criteria for admissibility of compromise amendments may be applied:

 

as a general rule, the compromise amendments relate to parts of the text which have been the subject of amendments prior to the deadline for tabling amendments;

 

as a general rule, the compromise amendments are tabled by political groups representing a majority in Parliament, the Chairs or rapporteurs of the committees concerned or the authors of other amendments;

 

as a general rule, the compromise amendments entail the withdrawal of other amendments to the same passage.

 

Only the President may propose that a compromise amendment be considered. In order for a compromise amendment to be put to the vote, the President must obtain the agreement of Parliament by asking whether there are any objections to such a vote being held. If an objection is raised, Parliament shall decide on the matter by a majority of the votes cast.

Amendment 192

Parliament's Rules of Procedure

Rule 171

Present text

Amendment

Rule 171

Rule 171

Voting procedure

Voting procedure

1.   The following voting procedure shall apply to reports :

1.    Save where specifically provided otherwise in these Rules, the following voting procedure shall apply to texts submitted to Parliament :

(a)

first, voting on any amendments to the text with which the report of the committee responsible is concerned ,

(a)

first, where applicable, voting any amendment to the proposal for a legally binding act ,

(b)

second, voting on that text as a whole, amended or otherwise,

(b)

second, where applicable, voting on that proposal as a whole, amended or otherwise,

(c)

third, voting on amendments to the motion for a resolution/draft legislative resolution,

(c)

third, voting on any amendment to the motion for a resolution/draft legislative resolution,

(d)

finally, voting on the motion for a resolution/ draft legislative resolution as a whole (final vote).

(d)

finally, voting on the motion for a resolution as a whole (final vote).

Parliament shall not vote on the explanatory statement contained in the report.

Parliament shall not vote on any explanatory statement contained in a report.

2.    The following procedure shall apply to second readings:

 

(a)

where no proposal to reject or amend the Council's position has been tabled, it shall be deemed to have been approved in accordance with Rule 76;

 

(b)

a proposal to reject the Council's position shall be voted upon before voting on any amendments (see Rule 68(1));

 

(c)

where several amendments to the Council's position have been tabled they shall be put to the vote in the order set out in Rule 174;

 

(d)

where Parliament has held a vote with a view to amending the Council's position, a further vote on the text as a whole may only be taken in accordance with Rule 68(2).

 

3.    The procedure set out in Rule 72 shall apply to third readings.

 

4.   In voting on legislative texts and on non-legislative motions for resolutions, votes relating to substantive parts shall be taken first, followed by votes relating to citations and recitals. Amendments shall fall if they are inconsistent with a prior vote.

4.   In voting on proposals for legally binding acts and on non-legislative motions for resolutions, votes relating to substantive parts shall be taken first, followed by votes relating to citations and recitals.

 

4a.     An amendment shall fall if it is inconsistent with decisions previously taken on the text during the same vote.

5.   The only Member permitted to speak during the vote shall be the rapporteur, who shall have the opportunity of expressing briefly the views of the committee responsible on the amendments put to the vote.

5.   The only Member permitted to speak during the vote shall be the rapporteur, or, in his or her place, the chair of the committee. He or she shall have the opportunity of expressing briefly the views of the committee responsible on the amendments put to the vote.

Amendment 193

Parliament's Rules of Procedure

Rule 172

Present text

Amendment

Rule 172

deleted

Tied votes

 

1.    In the event of a tied vote under Rule 171(1)(b) or (d), the text as a whole shall be referred back to committee. This shall also apply to votes under Rules 3 and 9 and to final votes under Rules 199 and 212, on the understanding that, in the case of these two Rules, the matter is referred back to the Conference of Presidents.

 

2.    In the event of a tied vote on the agenda as a whole (Rule 152) or the minutes as a whole (Rule 192), or on a text put to a split vote under Rule 176, the text shall be deemed adopted.

 

3.    In all other cases where there is a tied vote, without prejudice to those Rules which require qualified majorities, the text or proposal shall be deemed rejected.

 

Rule 172(3) is to be interpreted as meaning that, where there is a tied vote on a draft recommendation under Rule 141(4) not to intervene in proceedings before the Court of Justice of the European Union, such a tie does not signify the adoption of a recommendation that Parliament should intervene in those proceedings. In such a case, the committee responsible is to be deemed not to have expressed any recommendation.

 

Amendment 194

Parliament's Rules of Procedure

Rule 173

Present text

Amendment

Rule 173

deleted

Principles governing voting

 

1.    Voting on a report shall take place on the basis of a recommendation from the committee responsible. The committee may delegate this task to its Chair and rapporteur.

 

2.    The committee may recommend that all or several amendments be put to the vote collectively, that they be accepted or rejected or declared void.

 

It may also propose compromise amendments.

 

3.    Where the committee recommends that amendments be put to the vote collectively, the collective vote on these amendments shall be taken first.

 

4.    Where the committee proposes a compromise amendment, that compromise amendment shall be given priority in voting.

 

5.    Amendments for which a roll-call vote has been requested shall be put to the vote individually.

 

6.    A split vote shall not be admissible in the case of a collective vote or a vote on a compromise amendment.

 

Amendment 195

Parliament's Rules of Procedure

Rule 174

Present text

Amendment

Rule 174

Rule 174

Order of voting on amendments

Order of voting on amendments

1.   Amendments shall have priority over the text to which they relate and shall be put to the vote before that text.

1.   Amendments shall have priority over the text to which they relate and shall be put to the vote before that text.

2.   If two or more mutually exclusive amendments have been tabled to the same part of a text, the amendment that departs furthest from the original text shall have priority and shall be put to the vote first. If it is adopted the other amendments shall be deemed rejected; if it is rejected, the amendment next in priority shall be put to the vote and similarly for each of the remaining amendments. Where there is doubt as to priority, the President shall decide. If all amendments are rejected, the original text shall be deemed adopted unless a separate vote has been requested within the specified deadline.

2.   If two or more mutually exclusive amendments have been tabled to the same part of a text, the amendment that departs furthest from the original text shall have priority and shall be put to the vote first. If it is adopted the other amendments shall be deemed rejected; if it is rejected, the amendment next in priority shall be put to the vote and similarly for each of the remaining amendments. Where there is doubt as to priority, the President shall decide. If all amendments are rejected, the original text shall be deemed adopted unless a separate vote has been requested within the specified deadline.

3.   The President may put the original text to the vote first, or put an amendment that is closer to the original text to the vote before the amendment that departs furthest from the original text.

3.    However, where the President considers that this will facilitate the vote, he or she may put the original text to the vote first, or put an amendment that is closer to the original text to the vote before the amendment that departs furthest from the original text.

If either of these secures a majority, all other amendments tabled to the same text shall fall.

If either of these secures a majority, all other amendments tabled to the same part of the text shall fall.

4.    Exceptionally, on a proposal from the President, amendments tabled after the close of the debate may be put to the vote if they are compromise amendments, or if there are technical problems. The President shall obtain the agreement of Parliament to putting such amendments to the vote.

 

Under Rule 170(3), the President decides whether amendments are admissible. In the case of compromise amendments tabled after the close of a debate, under this paragraph, the President decides on their admissibility on a case-by-case basis, having regard to the compromise nature of the amendments.

 

Only the President may propose that a compromise amendment be considered. In order for a compromise amendment to be put to the vote, the President must obtain the agreement of Parliament by asking whether there are any objections to such a vote being held. If an objection is raised, Parliament decides on the matter by a majority of the votes cast.

 

 

4a.     Where compromise amendments are put to the vote, they shall be given priority in voting.

 

4b.     A split vote shall not be admissible in the case of a vote on a compromise amendment.

5.   Where the committee responsible has tabled a set of amendments to the text with which the report is concerned, the President shall put them to the vote collectively, unless a political group or at least 40 Members have requested separate votes or unless other amendments have been tabled.

5.   Where the committee responsible has tabled a set of amendments to the text with which the report is concerned, the President shall put them to the vote collectively, unless on particular points a political group or at least 40 Members have requested separate or split votes or unless other competing amendments have been tabled.

6.   The President may put other amendments to the vote collectively where they are complementary . In such cases he shall follow the procedure laid down in paragraph 5 . Authors of such amendments may propose such collective votes where their amendments are complementary.

6.   The President may put other amendments to the vote collectively where they are complementary , unless a political group or at least 40 Members have requested separate or split votes . Authors of amendments may also propose such collective votes where their amendments are complementary.

7.   The President may decide, following the adoption or rejection of a particular amendment, that several other amendments of similar content or with similar objectives shall be put to the vote collectively. The President may seek the agreement of Parliament before doing so.

7.   The President may decide, following the adoption or rejection of a particular amendment, that several other amendments of similar content or with similar objectives shall be put to the vote collectively. The President may seek the agreement of Parliament before doing so.

Such a set of amendments may relate to different parts of the original text.

Such a set of amendments may relate to different parts of the original text.

8.   Where two or more identical amendments are tabled by different authors, they shall be put to the vote as one.

8.   Where two or more identical amendments are tabled by different authors, they shall be put to the vote as one.

 

8a.     Amendments for which a roll-call vote has been requested shall be put to the vote individually.

Amendment 196

Parliament's Rules of Procedure

Rule 175

Present text

Amendment

Rule 175

Rule 175

Committee consideration of plenary amendments

Committee filter of plenary amendments

When more than 50 amendments and requests for a split or separate vote have been tabled to a report for consideration in Parliament, the President may, after consulting its Chair, ask the committee responsible to meet to consider those amendments or requests. Any amendment or request for a split or separate vote not receiving favourable votes at this stage from at least one-tenth of the members of the committee shall not be put to the vote in Parliament.

When more than 50 amendments or requests for a split or separate vote have been tabled concerning a text tabled by a committee for consideration in Parliament, the President may, after consulting its Chair, ask that committee to meet to vote on each of those amendments or requests. Any amendment or request for a split or separate vote not receiving favourable votes at this stage from at least one-third of the members of the committee shall not be put to the vote in Parliament.

Amendment 197

Parliament's Rules of Procedure

Rule 176

Present text

Amendment

Rule 176

Rule 176

Split voting

Split voting

1.   Where the text to be put to the vote contains two or more provisions or references to two or more points or lends itself to division into two or more parts having a distinct meaning and/or normative value, a split vote may be requested by a political group or at least 40 Members.

1.   Where the text to be put to the vote contains two or more provisions or references to two or more points or lends itself to division into two or more parts having a distinct meaning and/or normative value, a split vote may be requested by a political group or at least 40 Members.

2.   The request shall be made the evening before the vote, unless the President sets a different deadline. The President shall decide on the request.

2.   The request shall be made at the latest on the evening before the vote, unless the President sets a different deadline. The President shall decide on the request.

Amendments 198 and 347

Parliament's Rules of Procedure

Rule 178

Present text

Amendment

Rule 178

Rule 178

Voting

Voting

1.   As a general rule Parliament shall vote by show of hands.

1.   As a general rule Parliament shall vote by show of hands.

 

However, the President may at any time decide that the voting operations will be carried out by means of the electronic voting system.

 

1a.     The President shall declare votes open and closed.

 

Once the President has declared a vote open, no-one except the President shall be allowed to speak until the vote is declared to be closed.

 

1b.     In calculating whether a text has been adopted or rejected account shall be taken only of votes cast for and against, except where a specific majority is laid down by the Treaties.

2.   If the President decides that the result is doubtful, a fresh vote shall be taken using the electronic voting system and, if the latter is not working, by sitting and standing.

2.   If the President decides that the result of a vote by show of hands is doubtful, a fresh vote shall be taken using the electronic voting system and, if the latter is not working, by sitting and standing.

 

2a.     The President shall establish the result of the vote and announce it.

3.   The result of the vote shall be recorded.

3.   The result of the vote shall be recorded.

Amendment 199

Parliament's Rules of Procedure

Rule 179

Present text

Amendment

Rule 179

Rule 179

Final vote

Final vote

When deciding on the basis of a report, Parliament shall take any single and/or final vote by roll call in accordance with Rule 180(2). The vote on amendments shall be taken by roll call only upon request made pursuant to Rule 180 .

When deciding on the basis of a report, Parliament shall take any single and/or final vote by roll call in accordance with Rule 180(2).

The provisions of Rule 179 on voting by roll call do not apply to the reports provided for in Rule 8(2) and Rule 9(3), (6) and (8) in the context of procedures relating to the immunity of a Member.

The provisions of Rule 179 on voting by roll call do not apply to the reports provided for in Rule 8(2) and Rule 9(3), (6) and (8) in the context of procedures relating to the immunity of a Member.

Amendment 200

Parliament's Rules of Procedure

Rule 179 a (new)

Present text

Amendment

 

Rule 179a

 

Tied votes

 

1.    In the event of a tied vote under Rule 171(1)(b) or (d), the text as a whole shall be referred back to committee. This shall also apply to votes under Rules 3 and 9.

 

2.    In the event of a tied vote on a text put to a split vote under Rule 176, the text shall be deemed to have been adopted.

 

3.    In all other cases where there is a tied vote, without prejudice to those Rules which require qualified majorities, the text or proposal shall be deemed to have been rejected.

 

Rule 179a(3) is to be interpreted as meaning that, where there is a tied vote on a draft recommendation under Rule 141(4) not to intervene in proceedings before the Court of Justice of the European Union, such a tie does not signify the adoption of a recommendation according to which Parliament should intervene in those proceedings. In such a case, the committee responsible is to be deemed not to have expressed any recommendation.

 

The President may vote, but shall not have a casting vote.

 

(The last two subparagraphs shall be inserted as interpretations.)

Amendment 201

Parliament's Rules of Procedure

Rule 180

Present text

Amendment

Rule 180

Rule 180

Voting by roll call

Voting by roll call

1.   In addition to the cases provided for under Rules 118(5), 119(5) and 179 , the vote shall be taken by roll call if this is requested in writing by a political group or at least 40 Members the evening before the vote unless the President sets a different deadline.

1.   In addition to the cases provided for in these Rules, the vote shall be taken by roll call if this is requested in writing by a political group or at least 40 Members at the latest the evening before the vote unless the President sets a different deadline.

The provisions of Rule 180(1) on voting by roll call do not apply to the reports provided for in Rule 8(2) and Rule 9(3), (6) and (8) in the context of procedures relating to the immunity of a Member.

The provisions of Rule 180 on voting by roll call do not apply to the reports provided for in Rule 8(2) and Rule 9(3), (6) and (8) in the context of procedures relating to the immunity of a Member.

 

1a.     Each political group may table no more than one hundred requests for roll call votes per part-session.

2.   The roll call vote shall be taken using the electronic voting system. Where the latter cannot be used for technical reasons, the roll shall be called in alphabetical order, beginning with the name of a Member drawn by lot. The President shall be the last to be called to vote.

2.   The roll call vote shall be taken using the electronic voting system.

 

Where the latter cannot be used for technical reasons, the roll may be called in alphabetical order, beginning with the name of a Member drawn by lot. The President shall be the last to be called to vote. Voting shall be oral and shall be expressed by ‘Yes’, ‘No’, or ‘I abstain’.

Voting shall be by word of mouth and shall be expressed by ‘Yes’, ‘No’, or ‘I abstain’. In calculating whether a motion has been adopted or rejected account shall be taken only of votes cast for and against. The President shall establish the result of the vote and announce it.

 

Votes shall be recorded in the minutes of the sitting by political group in the alphabetical order of Members' names, with an indication of how they voted.

2a.    Votes shall be recorded in the minutes of the sitting by political group in the alphabetical order of Members' names, with an indication of how they voted.

Amendment 202

Parliament's Rules of Procedure

Rule 180 a (new)

Present text

Amendment

 

Rule 180a

 

Voting by secret ballot

 

1.    In the case of appointments, voting shall be by secret ballot without prejudice to Rules 15(1) and 204(2), second subparagraph.

 

Only ballot papers bearing the names of candidates who have been nominated shall be taken into account in calculating the number of votes cast.

 

2.    Voting shall also be by secret ballot if this is requested by at least one-fifth of the component Members of Parliament. Such requests must be made before voting begins.

 

3.    A request for a secret ballot shall take priority over a request for a vote by roll call.

 

4.    Between two and eight Members chosen by lot shall count the votes cast in a secret ballot, unless an electronic vote is taken.

 

In the case of votes under paragraph 1, candidates shall not act as tellers.

 

The names of Members who have taken part in a secret ballot shall be recorded in the minutes of the sitting at which the ballot was held.

Amendment 203

Parliament's Rules of Procedure

Rule 181

Present text

Amendment

Rule 181

Rule 181

Electronic voting

Use of electronic voting system

1.    The President may at any time decide that the voting operations indicated in Rules 178, 180 and 182 will be carried out by means of the electronic voting system.

 

Where the electronic voting system cannot be used for technical reasons, voting shall take place in accordance with Rules 178, 180(2) or 182.

 

The technical arrangements for using the electronic voting system shall be governed by instructions from the Bureau.

1.   The technical arrangements for using the electronic voting system shall be governed by instructions from the Bureau.

2.   Where an electronic vote is taken, only the numerical result of the vote shall be recorded.

2.   Where an electronic vote is taken, unless it concerns a roll call vote, only the numerical result of the vote shall be recorded.

However, if a vote by roll call has been requested in accordance with Rule 180(1), the votes shall be recorded in the minutes of the sitting by political group in the alphabetical order of Members' names.

 

3.    The vote by roll call shall be taken in accordance with Rule 180(2) if a majority of the Members present so request. The system indicated in paragraph 1 of this Rule may be used to determine whether a majority exists.

 

 

3a.     The President may at any time decide to use the electronic voting system in order to check a threshold.

Amendment 204

Parliament's Rules of Procedure

Rule 182

Present text

Amendment

Rule 182

deleted

Voting by secret ballot

 

1.    In the case of appointments, voting shall be by secret ballot without prejudice to Rules 15(1), 199(1) and 204(2), second subparagraph.

 

Only ballot papers bearing the names of Members who have been nominated shall be taken into account in calculating the number of votes cast.

 

2.    Voting may also be by secret ballot if this is requested by at least one-fifth of the component Members of Parliament. Such requests must be made before voting begins.

 

When a request for a secret ballot is submitted by at least one fifth of the component Members of Parliament before voting begins, Parliament must hold such a vote.

 

3.    A request for a secret ballot shall take priority over a request for a vote by roll call.

 

4.    Between two and eight Members chosen by lot shall count the votes cast in a secret ballot, unless an electronic vote is taken.

 

In the case of votes under paragraph 1, candidates shall not act as tellers.

 

The names of Members who have taken part in a secret ballot shall be recorded in the minutes of the sitting at which the ballot was held.

 

Amendment 205

Parliament's Rules of Procedure

Rule 182 a (new)

Present text

Amendment

 

Rule 182 a

 

Disputes on voting

 

1.    Points of order concerning the validity of a vote may be raised after the President has declared it closed.

 

2.    After the result of a vote by show of hands has been announced, a Member may request that this result be checked using the electronic voting system.

 

3.    The President shall decide whether the result announced is valid. His decision shall be final.

Amendment 206

Parliament's Rules of Procedure

Rule 183

Present text

Amendment

Rule 183

Rule 183

Explanations of vote

Explanations of vote

1.   Once the general debate has been concluded, any Member may give an oral explanation on the final vote for not longer than one minute or give a written explanation of no more than 200 words, which shall be included in the verbatim report of proceedings .

1.   Once the voting session has been concluded, any Member may give an oral explanation on the single and/or final vote on an item submitted to Parliament for not longer than one minute . Each Member may give a maximum of three oral explanations of vote per part-session.

 

Any Member may give on such vote a written explanation of vote of no more than 200 words which shall be included on the Member’s page on Parliament's website .

Any political group may give an explanation of vote lasting not more than two minutes.

Any political group may give an explanation of vote lasting not more than two minutes.

No further requests to give explanations of vote shall be accepted once the first explanation of vote has begun.

No further requests to give explanations of vote shall be accepted once the first explanation of vote on the first item has begun.

Explanations of vote are admissible on the final vote on any subject submitted to Parliament. For the purposes of this Rule the term ‘final vote’ does not refer to the type of vote, but means the last vote on any item.

Explanations of vote are admissible on the single and/or final vote on any item submitted to Parliament. For the purposes of this Rule the term ‘final vote’ does not refer to the type of vote, but means the last vote on any item.

2.   Explanations of vote shall not be admissible in the case of votes on procedural matters.

2.   Explanations of vote shall not be admissible in the case of secret ballot or votes on procedural matters.

3.   Where a proposal for a legislative act or a report has been included on the agenda of Parliament pursuant to Rule 150 , Members may submit written explanations of vote in accordance with paragraph 1.

3.   Where an item has been included on the agenda of Parliament without amendments or without debate , Members may only submit written explanations of vote in accordance with paragraph 1.

Explanations of vote given either orally or in writing must have a direct bearing on the text being put to the vote .

Explanations of vote given either orally or in writing must have a direct bearing on the item submitted to Parliament .

Amendment 207

Parliament's Rules of Procedure

Rule 184

Present text

Amendment

Rule 184

deleted

Disputes on voting

 

1.    The President shall declare votes open and closed.

 

2.    Once the President has declared a vote open, no-one except the President shall be allowed to speak until the vote is declared closed.

 

3.    Points of order concerning the validity of a vote may be raised after the President has declared it closed.

 

4.    After the result of a vote by show of hands has been announced, a Member may request that this result be checked using the electronic voting system.

 

5.    The President shall decide whether the result announced is valid. The decision shall be final.

 

Amendment 208

Parliament's Rules of Procedure

Title VII — chapter 6 — title

Present text

Amendment

CHAPTER 6

CHAPTER 6

INTERRUPTIVE AND PROCEDURAL MOTIONS

POINTS OF ORDER AND PROCEDURAL MOTIONS

Amendment 209

Parliament's Rules of Procedure

Rule 185

Present text

Amendment

Rule 185

Rule 185

Procedural motions

Procedural motions

1.   Requests to move a procedural motion, namely:

1.   Requests to move a procedural motion, namely:

(a)

the inadmissibility of a matter (Rule 187);

(a)

the inadmissibility of a matter (Rule 187);

(b)

referral back to committee (Rule 188);

(b)

referral back to committee (Rule 188);

(c)

the closure of a debate (Rule 189);

(c)

the closure of a debate (Rule 189);

(d)

the adjournment of a debate and vote (Rule 190); or

(d)

the adjournment of a debate and vote (Rule 190); or

(e)

the suspension or closure of the sitting (Rule 191)

(e)

the suspension or closure of the sitting (Rule 191)

shall take precedence over other requests to speak.

shall take precedence over other requests to speak.

Only the following shall be heard on these motions in addition to the mover: one speaker in favour and one against and the Chair or rapporteur of the committee responsible.

Only the following shall be heard on these motions in addition to the mover: one speaker against and the Chair or rapporteur of the committee responsible.

2.   Speaking time shall not exceed one minute.

2.   Speaking time shall not exceed one minute.

Amendment 210

Parliament's Rules of Procedure

Rule 186

Present text

Amendment

Rule 186

Rule 184a

Points of order

Points of order

1.   Members may be allowed to speak in order to draw the attention of the President to any failure to comply with Parliament's Rules of Procedure. They shall first specify to which Rule they are referring.

1.   Members may be allowed to speak in order to draw the attention of the President to any failure to comply with Parliament's Rules of Procedure. They shall first specify to which Rule they are referring.

2.   A request to raise a point of order shall take precedence over all other requests to speak.

2.   A request to raise a point of order shall take precedence over all other requests to speak or procedural motions .

3.   Speaking time shall not exceed one minute.

3.   Speaking time shall not exceed one minute.

4.   The President shall take an immediate decision on points of order in accordance with the Rules of Procedure and shall announce it immediately after the point of order has been raised. No vote shall be taken on the President's decision.

4.   The President shall take an immediate decision on points of order in accordance with the Rules of Procedure and shall announce it immediately after the point of order has been raised. No vote shall be taken on the President's decision.

5.   Exceptionally, the President may state that he will announce the decision later, but not more than 24 hours after the point of order was raised. Postponement of the ruling shall not entail the adjournment of the debate. The President may refer the matter to the committee responsible.

5.   Exceptionally, the President may state that he will announce the decision later, but not more than 24 hours after the point of order was raised. Postponement of the ruling shall not entail the adjournment of the debate. The President may refer the matter to the committee responsible.

A request to raise a point of order must relate to the agenda item under discussion. The President may take a point of order concerning a different matter at an appropriate time, e.g., after the discussion of the agenda item in question is closed or before the sitting is suspended.

A request to raise a point of order must relate to the agenda item under discussion. The President may take a point of order concerning a different matter at an appropriate time, e.g., after the discussion of the agenda item in question is closed or before the sitting is suspended.

 

(This Rule as amended shall be moved before Rule 185.)

Amendment 211

Parliament's Rules of Procedure

Rule 187

Present text

Amendment

Rule 187

Rule 187

Moving the inadmissibility of a matter

Moving the inadmissibility of a matter

1.   At the beginning of the debate on a specific item on the agenda, its inadmissibility may be moved. Such a motion shall be put to the vote immediately.

1.   At the beginning of the debate on a specific item on the agenda, its inadmissibility may be moved by a political group or 40 Members . Such a motion shall be put to the vote immediately.

The intention to move inadmissibility shall be notified at least 24 hours in advance to the President who shall inform Parliament immediately.

The intention to move inadmissibility shall be notified at least 24 hours in advance to the President who shall inform Parliament immediately.

2.   If the motion is carried, Parliament shall immediately proceed to the next item on the agenda.

2.   If the motion is carried, Parliament shall immediately proceed to the next item on the agenda.

Amendment 212

Parliament's Rules of Procedure

Rule 188

Present text

Amendment

Rule 188

Rule 188

Referral back to committee

Referral back to committee

1.   Referral back to committee may be requested by a political group or at least 40 Members when the agenda is fixed or before the start of the debate.

1.   Referral back to committee may be requested by a political group or at least 40 Members when the agenda is fixed or before the start of the debate.

The intention to move referral back to committee shall be notified at least 24 hours in advance to the President, who shall inform Parliament immediately.

The intention to move referral back to committee shall be notified at least 24 hours in advance to the President, who shall inform Parliament immediately.

2.   Referral back to committee may also be requested by a political group or at least 40 Members before or during a vote. Such a motion shall be put to the vote immediately.

2.   Referral back to committee may also be requested by a political group or at least 40 Members before or during a vote. Such a motion shall be put to the vote immediately.

3.   A request may be made only once at each of these procedural stages.

3.   A request may be made only once at each of these procedural stages.

4.   Referral back to committee shall entail suspension of the discussion of the item.

4.   Referral back to committee shall entail suspension of the consideration of the item.

5.   Parliament may set a time limit within which the committee must report its conclusions.

5.   Parliament may set a time limit within which the committee must report its conclusions.

Amendment 213

Parliament's Rules of Procedure

Rule 190

Present text

Amendment

Rule 190

Rule 190

Adjournment of a debate and vote

Adjournment of a debate or vote

1.   At the start of a debate on an item on the agenda, a political group or at least 40 Members may move that the debate be adjourned to a specific date and time. Such a motion shall be put to the vote immediately.

1.   At the start of a debate on an item on the agenda, a political group or at least 40 Members may move that the debate be adjourned to a specific date and time. Such a motion shall be put to the vote immediately.

The intention to move adjournment shall be notified at least 24 hours in advance to the President, who shall inform Parliament immediately.

The intention to move adjournment shall be notified at least 24 hours in advance to the President, who shall inform Parliament immediately.

2.   If the motion is carried, Parliament shall proceed to the next item on the agenda. The adjourned debate shall be resumed at the specified date and time.

2.   If the motion is carried, Parliament shall proceed to the next item on the agenda. The adjourned debate shall be resumed at the specified date and time.

3.   If the motion is rejected, it may not be tabled again during the same part-session.

3.   If the motion is rejected, it may not be tabled again during the same part-session.

4.   Before or during a vote, a political group or at least 40 Members may move that the vote be adjourned. Such a motion shall be put to the vote immediately.

4.   Before or during a vote, a political group or at least 40 Members may move that the vote be adjourned. Such a motion shall be put to the vote immediately.

Any decision by Parliament to adjourn a debate to a subsequent part-session shall specify the part-session on the agenda of which the debate is to be included, on the understanding that the agenda for that part-session is drawn up in accordance with Rules 149 and 152.

 

Amendment 214

Parliament's Rules of Procedure

Rule 191

Present text

Amendment

Rule 191

Rule 191

Suspension or closure of the sitting

Suspension or closure of the sitting

The sitting may be suspended or closed during a debate or a vote if Parliament so decides on a proposal from the President or at the request of a political group or at least 40 Members. Such a proposal or request shall be put to the vote immediately.

The sitting may be suspended or closed during a debate or a vote if Parliament so decides on a proposal from the President or at the request of a political group or at least 40 Members. Such a proposal or request shall be put to the vote immediately.

If a request to suspend or close the sitting is presented, the procedure to vote on that request is to be initiated without undue delay. The usual means of announcing plenary votes should be used and, in line with existing practice, sufficient time should be given for Members to reach the Chamber.

If a request to suspend or close the sitting is presented, the procedure to vote on that request is to be initiated without undue delay. The usual means of announcing plenary votes should be used and, in line with existing practice, sufficient time should be given for Members to reach the Chamber.

By analogy with the second subparagraph of Rule 152(2) , if such a request has been rejected, a similar request cannot be tabled again during the same day. In accordance with the interpretation to Rule 22(1) , the President has the right to put an end to excessive use of requests presented under this Rule.

By analogy with the second subparagraph of Rule 149a (2), if such a request has been rejected, a similar request cannot be tabled again during the same day. In accordance with Rule 164a , the President has the right to put an end to excessive use of requests presented under this Rule.

Amendment 215

Parliament's Rules of Procedure

Rule 192

Present text

Amendment

Rule 192

Rule 192

Minutes

Minutes

1.   The minutes of each sitting, detailing the proceedings and the decisions of Parliament and the names of speakers , shall be distributed at least half an hour before the beginning of the afternoon period of the next sitting.

1.   The minutes of each sitting, detailing the proceedings , the names of speakers and the decisions of Parliament , including the result of any vote on any amendment, shall be made available at least half an hour before the beginning of the afternoon period of the next sitting.

In the context of legislative proceedings, any amendments adopted by Parliament are also deemed to be decisions within the meaning of this provision, even if the relevant Commission proposal or the Council's position is ultimately rejected, in accordance with Rule 60(1) or Rule 68(3) respectively.

 

 

1a.     A list of documents forming the basis for Parliament's debates and decisions shall be published in the minutes.

2.   At the beginning of the afternoon period of each sitting the President shall place before Parliament, for its approval, the minutes of the previous sitting.

2.   At the beginning of the afternoon period of each sitting the President shall place before Parliament, for its approval, the minutes of the previous sitting.

3.   If any objections are raised to the minutes Parliament shall, if necessary, decide whether the changes requested should be considered . No Member may speak on the subject for more than one minute.

3.   If any objections are raised to the minutes Parliament shall, if necessary, decide whether the changes requested should be taken into account . No Member may speak on the subject for more than one minute.

4.   The minutes shall be signed by the President and the Secretary-General and preserved in the records of Parliament. They shall be published in the Official Journal of the European Union.

4.   The minutes shall be signed by the President and the Secretary-General and preserved in the records of Parliament. They shall be published in the Official Journal of the European Union.

Amendment 216

Parliament's Rules of Procedure

Rule 194

Present text

Amendment

Rule 194

Rule 194

Verbatim reports

Verbatim reports

1.   A verbatim report of the proceedings of each sitting shall be drawn up as a multilingual document in which all oral contributions appear in their original language.

1.   A verbatim report of the proceedings of each sitting shall be drawn up as a multilingual document in which all oral contributions appear in the original official language.

 

1a.     Without prejudice to his other disciplinary powers, the President may cause to be deleted from the verbatim reports the speeches of Members who have not been called upon to speak or who continue to speak beyond the time allotted to them.

2.   Speakers may make corrections to typescripts of their oral contributions within five working days. Corrections shall be sent within that deadline to the Secretariat.

2.   Speakers may make corrections to typescripts of their oral contributions within five working days. Corrections shall be sent within that deadline to the Secretariat.

3.   The multilingual verbatim report shall be published as an annex to the Official Journal of the European Union and preserved in the records of Parliament.

3.   The multilingual verbatim report shall be published as an annex to the Official Journal of the European Union and preserved in the records of Parliament.

4.   A translation into any official language of an extract from the verbatim report shall be made on request from a Member. If necessary, the translation shall be provided at short notice.

4.   A translation into any official language of an extract from the verbatim report shall be made on request from a Member. If necessary, the translation shall be provided at short notice.

Amendment 217

Parliament's Rules of Procedure

Rule 195

Present text

Amendment

Rule 195

Rule 195

Audiovisual record of proceedings

Audiovisual record of proceedings

1.   The proceedings of Parliament in the languages in which they are conducted, as well as the multilingual soundtrack from all active interpretation booths, shall be broadcast in real time on its website.

1.   The proceedings of Parliament in the languages in which they are conducted, as well as the multilingual soundtrack from all active interpretation booths, shall be broadcast in real time on its website.

2.   Immediately after the sitting, an indexed audiovisual record of the proceedings in the languages in which they were conducted, as well as the multilingual soundtrack from all active interpretation booths, shall be produced and made available on Parliament's website during the current and the next parliamentary term, after which it shall be preserved in the records of Parliament. That audiovisual record shall be linked to the multilingual verbatim reports of the proceedings as soon as they are available.

2.   Immediately after the sitting, an indexed audiovisual record of the proceedings in the languages in which they were conducted, as well as the multilingual soundtrack from all active interpretation booths, shall be produced and made available on Parliament's website for the remainder of the parliamentary term and during the following parliamentary term, after which it shall be preserved in the records of Parliament. That audiovisual record shall be linked to the multilingual verbatim reports of the proceedings as soon as they are available.

Amendment 218

Parliament's Rules of Procedure

Title VIII — chapter 1 — title

Present text

Amendment

COMMITTEES - SETTING-UP AND POWERS

COMMITTEES

Amendment 219

Parliament's Rules of Procedure

Rule 196

Present text

Amendment

Rule 196

Rule 196

Setting-up of standing committees

Setting-up of standing committees

On a proposal from the Conference of Presidents, Parliament shall set up standing committees whose powers shall be defined in an annex to these Rules of Procedure (22). Their members shall be elected during the first part-session following the re-election of Parliament and again two and a half years thereafter.

On a proposal from the Conference of Presidents, Parliament shall set up standing committees. Their responsibilities shall be defined in an annex to these Rules of Procedure (22) which shall be adopted by a majority of the votes cast . Their members shall be appointed during the first part-session following the re-election of Parliament and again two and a half years thereafter.

The powers of standing committees can be determined at a time other than that at which the committee is set up.

The responsibilities of standing committees can be defined at a time other than that at which the committee is set up.

Amendment 220

Parliament's Rules of Procedure

Rule 197

Present text

Amendment

Rule 197

Rule 197

Setting-up of special committees

Special committees

On a proposal from the Conference of Presidents, Parliament may at any time set up special committees, whose powers, composition and term of office shall be defined at the same time as the decision to set them up is taken; their term of office may not exceed 12 months, except where Parliament extends that term on its expiry.

1.   On a proposal from the Conference of Presidents, Parliament may at any time set up special committees, whose responsibilities, numerical strength and term of office shall be defined at the same time as the decision to set them up is taken.

As the powers, composition and term of office of special committees are decided at the same time as those committees are set up, Parliament cannot subsequently decide to alter their powers by either increasing or reducing them.

 

 

1a.     The term of office of special committees may not exceed 12 months except where Parliament extends that term on its expiry. Unless otherwise decided in the Parliament's decision setting up the special committee, its term of office shall start running from the date of its constituent meeting.

 

1b.     Special committees shall not be entitled to deliver opinions to other committees.

Amendments 221 and 307

Parliament's Rules of Procedure

Rule 198

Present text

Amendment

Rule 198

Rule 198

Committees of inquiry

Committees of inquiry

1.   Parliament may, at the request of one quarter of its component Members, set up a committee of inquiry to investigate alleged contraventions of Union law or alleged maladministration in the application of Union law which would appear to be the act of an institution or body of the European Union, of a public administrative body of a Member State, or of persons empowered by Union law to implement that law.

1.    In accordance with Article 226 of the Treaty on the Functioning of the European Union and Article 2 of Decision 95/167/EC, Euratom, ECSC of the European Parliament, the Council and the Commission of 19 April 1995 on the detailed provisions governing the exercise of the European Parliament's right of inquiry , Parliament may, at the request of one quarter of its component Members, set up a committee of inquiry to investigate alleged contraventions or maladministration in the implementation of Union law which would appear to be the act of an institution or body of the European Union, of a public administrative body of a Member State, or of persons empowered by Union law to implement that law.

The decision to set up a committee of inquiry shall be published in the Official Journal of the European Union within one month. In addition, Parliament shall take all the necessary steps to make this decision as widely known as possible.

 

 

The subject of the inquiry, as defined by one quarter of Parliament's component Members, and the period laid down in paragraph 10 shall not be open to amendments.

 

1a.     The decision to set up a committee of inquiry shall be published in the Official Journal of the European Union within one month of being taken.

2.   The modus operandi of a committee of inquiry shall be governed by the provisions of these Rules relating to committees, save as otherwise specifically provided for in this Rule and in the Decision of the European Parliament, the Council and the Commission of 19 April 1995 on the detailed provisions governing the exercise of the European Parliament's right of inquiry, which is annexed to these Rules  (23).

2.   The modus operandi of a committee of inquiry shall be governed by the provisions of the Rules relating to committees, save as otherwise specifically provided for in this Rule and in Decision 95/167/EC, Euratom, ECSC .

3.   The request to set up a committee of inquiry must specify precisely the subject of the inquiry and include a detailed statement of the grounds for it. Parliament, on a proposal from the Conference of Presidents, shall decide whether to set up a committee and, if it decides to do so, on its composition, in accordance with Rule 199.

3.   The request to set up a committee of inquiry must specify precisely the subject of the inquiry and include a detailed statement of the grounds for it. Parliament, on a proposal from the Conference of Presidents, shall decide whether to set up a committee and, if it decides to do so, on its numerical strength .

4.    A committee of inquiry shall conclude its work by submitting a report within not more than 12 months. Parliament may twice decide to extend this period by three months.

 

Only full members or, in their absence, permanent substitutes may vote in a committee of inquiry.

 

 

4a.     Committees of inquiry shall not be entitled to deliver opinions to other committees.

 

4b.     At any stage of its proceedings, only full members or, in their absence, substitutes may vote in a committee of inquiry.

5.   A committee of inquiry shall elect its Chair and two Vice-Chairs and appoint one or more rapporteurs. The committee may also assign responsibilities, duties or specific tasks to its members who must subsequently report to the committee in detail thereon.

5.   A committee of inquiry shall elect its Chair and Vice-Chairs and appoint one or more rapporteurs. The committee may also assign responsibilities, duties or specific tasks to its members who must subsequently report to the committee in detail thereon.

In the interval between one meeting and another, the bureau of the committee shall, in cases of urgency or need, exercise the committee's powers, subject to ratification at the next meeting.

5a.    In the interval between one meeting and another, the coordinators of the committee shall, in cases of urgency or need, exercise the committee's powers, subject to ratification at the next meeting.

6.    If a committee of inquiry considers that any of its rights have been infringed, it shall propose that the President take appropriate measures.

 

7.    A committee of inquiry may contact the institutions or persons referred to in Article 3 of the Decision referred to in paragraph 2 with a view to holding a hearing or obtaining documents.

 

The travel and accommodation expenses of members and officials of Union institutions and bodies shall be borne by those institutions and bodies. Travel and accommodation expenses of other persons who appear before a committee of inquiry shall be reimbursed by the European Parliament in accordance with the rules governing hearings of experts.

 

Persons called to give evidence before a committee of inquiry may claim the rights they would enjoy if appearing as a witness before a tribunal in their country of origin. They must be informed of these rights before they make a statement to the committee.

 

With regard to the languages used, a committee of inquiry shall apply the provisions of Rule 158. However, the bureau of the committee:

7.   With regard to the languages used, a committee of inquiry shall apply the provisions of Rule 158. However, the bureau of the committee:

may restrict interpretation to the official languages of those taking part in the deliberations, if it deems this necessary for reasons of confidentiality,

may restrict interpretation to the official languages of those taking part in the deliberations, if it deems this necessary for reasons of confidentiality,

shall decide about translation of the documents received in such a way as to ensure that the committee can carry out its deliberations efficiently and rapidly and that the necessary secrecy and confidentiality are respected.

shall decide about translation of the documents received in such a way as to ensure that the committee can carry out its deliberations efficiently and rapidly and that the necessary secrecy and confidentiality are respected.

8.    The Chair of a committee of inquiry shall, together with the bureau, ensure that the secrecy or confidentiality of deliberations are respected and shall give members due notice to this effect.

 

The Chair shall also explicitly refer to the provisions of Article 2(2) of the Decision referred to above. Part A of Annex VII to these Rules of Procedure shall apply.

 

9.    Secret or confidential documents which have been forwarded shall be examined using technical measures to ensure that only the members responsible for the case have personal access to them. The members in question shall give a solemn undertaking not to allow any other person access to secret or confidential information, in accordance with this Rule, and to use such information exclusively for the purposes of drawing up their report for the committee of inquiry. Meetings shall be held on premises equipped in such a way as to make it impossible for any non-authorised persons to listen to the proceedings.

 

 

9a.     Where alleged contraventions or maladministration in the implementation of Union law suggest that a body or authority of a Member State could be responsible, the committee of inquiry may ask the parliament of the Member State concerned to cooperate in the investigation.

10.    After completion of its work a committee of inquiry shall submit to Parliament a report on the results of its work, containing minority opinions if appropriate in accordance with the conditions laid down in Rule 56. The report shall be published.

10.   A committee of inquiry shall conclude its work by presenting to Parliament a report on the results of its work within no more than 12 months from its constituent meeting. Parliament may twice decide to extend this period by three months. If appropriate, the report may contain minority opinions in accordance with the conditions laid down in Rule 56. The report shall be published.

At the request of the committee of inquiry Parliament shall hold a debate on the report at the part-session following its submission.

At the request of the committee of inquiry Parliament shall hold a debate on the report at the part-session following its submission.

The committee may also submit to Parliament a draft recommendation addressed to institutions or bodies of the European Union or the Member States.

10a.    The committee may also submit to Parliament a draft recommendation addressed to institutions or bodies of the European Union or the Member States.

11.   The President shall instruct the committee responsible under Annex VI to monitor the action taken on the results of the work of the committee of inquiry and, if appropriate, to report thereon, and shall take any further steps which are deemed appropriate to ensure that the conclusions of the inquiry are acted upon in practice.

11.   The President shall instruct the committee responsible under Annex VI to monitor the action taken on the results of the work of the committee of inquiry and, if appropriate, to report thereon, and shall take any further steps which are deemed appropriate to ensure that the conclusions of the inquiry are acted upon in practice.

Only the proposal from the Conference of Presidents concerning the composition of a committee of inquiry (paragraph 3) is open to amendment, in accordance with Rule 199(2).

 

The subject of the inquiry as defined by one quarter of Parliament's component Members (paragraph 3) and the period laid down in paragraph 4 are not open to amendments.

 

 

 

(The second subparagraph of paragraph 1 is inserted as an interpretation.)

Amendment 222

Parliament's Rules of Procedure

Rule 199

Present text

Amendment

Rule 199

Rule 199

Composition of committees

Composition of committees

1.   Members of committees and committees of inquiry shall be elected after nominations have been submitted by the political groups and the non-attached Members. The Conference of Presidents shall submit proposals to Parliament. The composition of the committees shall , as far as possible, reflect the composition of Parliament.

1.   Members of committees , special committees and committees of inquiry shall be appointed by the political groups and the non-attached Members.

 

The Conference of Presidents shall set a deadline by which political groups and the non-attached Members shall communicate their appointments to the President, who shall then announce them to Parliament.

When Members change their political group they shall retain, for the remainder of their two-and-a-half year term of office, the seats they hold in parliamentary committees. However, if a Member's change of political group has the effect of disturbing the fair representation of political views in a committee, new proposals for the composition of that committee are made by the Conference of Presidents in accordance with the procedure laid down in paragraph 1, second sentence, so that the individual rights of the Member concerned are guaranteed.

 

The proportionality of the distribution of committee seats among political groups must not depart from the nearest appropriate whole number. If a group decides not to take seats on a committee, the seats in question will remain vacant and the committee will be reduced in size by the corresponding number. Exchange of seats between political groups is not allowed.

 

 

1a.     The composition of the committees shall, as far as possible, reflect the composition of Parliament. The distribution of committee seats among political groups must be either the nearest whole number above or the nearest whole number below the proportional calculation.

 

Where there is no agreement among the political groups on their proportional weight within one or more specific committees, the Conference of Presidents shall decide.

 

1b.     If a political group decides not to take seats on a committee, or fails to appoint its members within the deadline set by the Conference of Presidents, the seats in question shall remain vacant. Exchange of seats between political groups is not allowed.

 

1c.     Where a Member's change of political group has the effect of disturbing the proportional distribution of committee seats as defined in paragraph 1a, and there is no agreement among political groups to ensure compliance with the principles set out therein, the Conference of Presidents shall take the necessary decisions.

 

1d.     Any modifications decided in the appointments by political groups and non-attached Members shall be communicated to the President, who shall announce them to Parliament at the latest at the beginning of the next sitting. These decisions shall take effect as from the day of the announcement.

 

1e.     The political groups and the non-attached Members may appoint a number of substitutes for each committee which shall not exceed the number of full members that the political group or the non-attached Members are entitled to appoint in the committee. The President shall be informed accordingly. These substitutes shall be entitled to attend and to speak at committee meetings and, if the full member is absent, to take part in the vote.

 

1f.     In the absence of the full member and where substitutes either have not been appointed or are absent, the full member may arrange to be represented at meetings by another member of the same political group, or, where the member is a non-attached Member, by another non-attached Member, who shall be entitled to vote. The Chair of the committee shall be notified at the latest by the beginning of the voting session.

 

The advance notification provided for in the last sentence of paragraph 1f must be given before the end of the debate or before the opening of the vote on the item or items for which the full member is to be replaced.

2.    Amendments to the proposals by the Conference of Presidents shall be admissible only if they are tabled by at least 40 Members. Parliament shall vote on such amendments by secret ballot.

 

3.    Members shall be deemed to be elected on the basis of the proposals from the Conference of Presidents, as and where amended in accordance with paragraph 2.

 

4.    If a political group fails to submit nominations for membership of a committee of inquiry in accordance with paragraph 1 within a time limit set by the Conference of Presidents, the Conference of Presidents shall submit to Parliament only the nominations communicated to it within that time-limit.

 

5.    The Conference of Presidents may provisionally decide to fill any vacancy on a committee with the agreement of the persons to be appointed, having regard to paragraph 1.

 

6.    Any such changes shall be placed before Parliament for ratification at the next sitting.

 

 

In accordance with this Rule:

 

the status of a full or substitute member of a committee shall depend exclusively on membership of a given political group;

 

if the number of a political group's full members in a committee changes, the maximum number of permanent substitutes which it can appoint to that committee shall change accordingly;

 

Members who change their political group may not keep the status of full or substitute member of a committee which they had as members of their original group;

 

a committee member may not under any circumstances be a substitute for a colleague who belongs to another political group.

 

(The last two unnumbered paragraphs of the Rule are inserted as interpretations.)

Amendment 223

Parliament's Rules of Procedure

Rule 200

Present text

Amendment

Rule 200

deleted

Substitutes

 

1.    The political groups and the non-attached Members may appoint a number of permanent substitutes for each committee equal to the number of full members representing them on the committee. The President shall be informed accordingly. These permanent substitutes shall be entitled to attend and speak at committee meetings and, if the full member is absent, to take part in the vote.

 

In the event that the seat of a full member of a committee falls vacant, a permanent substitute from the same political group shall be entitled to vote in place of the full member, on a temporary basis pending the provisional replacement of the full member in accordance with Rule 199(5), or, in the absence of such provisional replacement, pending the appointment of a new full member. Such entitlement is based on Parliament's decision concerning the numerical composition of the committee, and aims at ensuring that the number of members of the political group concerned who can take part in the vote is equal to the number entitled to do so before the seat fell vacant.

 

2.    In addition, in the absence of the full member and where permanent substitutes either have not been appointed or are absent, the full member of the committee may arrange to be represented at meetings by another member of the same political group, who shall be entitled to vote. The Chair of the committee shall be notified of the name of the substitute prior to the beginning of the voting session.

 

Paragraph 2 shall apply, mutatis mutandis, to the non-attached Members.

 

The advance notification provided for in the last sentence of paragraph 2 must be given before the end of the debate or before the opening of the vote on the item or items for which the full member is to be replaced.

 

* * *

 

The provisions of this Rule encompass two concepts which are clearly defined by this text:

 

a political group may not have more permanent substitutes on a committee than it has full members;

 

only political groups are entitled to appoint permanent substitutes, on the sole condition that they inform the President.

 

To conclude:

 

the status of permanent substitutes depends exclusively on membership of a given political group;

 

if the number of a political group's full members in a committee changes, the maximum number of permanent substitutes which it can appoint to that committee changes accordingly;

 

Members who change their political group may not keep the status of permanent substitute which they had as members of their original group;

 

a committee member may not under any circumstances be a substitute for a colleague who belongs to another political group.

 

Amendment 224

Parliament's Rules of Procedure

Rule 201

Present text

Amendment

Rule 201

Rule 201

Duties of committees

Duties of committees

1.   Standing committees shall examine questions referred to them by Parliament or, during an adjournment of the session, by the President on behalf of the Conference of Presidents. The responsibilities of special committees and committees of inquiry shall be defined when they are set up; they shall not be entitled to deliver opinions to other committees.

1.   Standing committees shall examine questions referred to them by Parliament or, during an adjournment of the session, by the President on behalf of the Conference of Presidents.

(See interpretation under Rule 197.)

 

2.    If a standing committee declares itself not competent to consider a question, or a conflict arises over the competence of two or more standing committees, the question of competence shall be referred to the Conference of Presidents within four working weeks of the announcement in Parliament of referral to committee.

 

The Conference of Presidents shall take a decision within six weeks on the basis of a recommendation from the Conference of Committee Chairs, or, if no such recommendation is forthcoming, from the latter's Chair. If the Conference of Presidents fails to take a decision within that period, the recommendation shall be deemed to have been approved.

 

The committee Chairs may enter into agreements with other committee Chairs concerning the allocation of an item to a particular committee, subject, where necessary, to authorisation of a procedure with associated committees under Rule 54.

 

3.   Should two or more standing committees be competent to deal with a question, one committee shall be named as the committee responsible and the others as committees asked for opinions.

3.   Should two or more standing committees be competent to deal with a question, one committee shall be named as the committee responsible and the others as committees asked for opinions.

A question shall not, however, be referred simultaneously to more than three committees, unless it is decided for sound reasons to depart from this rule under the conditions laid down in paragraph 1.

A question shall not, however, be referred simultaneously to more than three committees, unless it is decided to depart from this rule under the conditions laid down in paragraph 1.

4.   Any two or more committees or subcommittees may jointly consider matters falling within their competence, but they may not take a decision.

4.   Any two or more committees or subcommittees may jointly consider matters falling within their competence, but they may not take a decision jointly except where Rule 55 applies .

5.   Any committee may, with the agreement of Parliament's Bureau , instruct one or more of its members to undertake a study or fact-finding mission.

5.   Any committee may, with the agreement of Parliament's relevant bodies , instruct one or more of its members to undertake a study or fact-finding mission.

Amendment 225

Parliament's Rules of Procedure

Rule 201 a (new)

Present text

Amendment

 

Rule 201 a

 

Questions of competence

 

1.    If a standing committee declares itself to be not competent to consider an item, or a conflict arises over the competence of two or more standing committees, the question of competence shall be submitted to the Conference of Committee Chairs within four weeks of the announcement in Parliament of the referral to committee.

 

2.    The Conference of Presidents shall take a decision within six weeks after the submission of the question on the basis of a recommendation from the Conference of Committee Chairs, or, if no such recommendation is forthcoming, from the latter's Chair. If the Conference of Presidents fails to take a decision within that period, the recommendation shall be deemed to have been approved.

 

3.    The committee Chairs may enter into agreements with other committee Chairs concerning the allocation of an item to a particular committee, subject, where necessary, to authorisation of a procedure with associated committees under Rule 54.

Amendment 226

Parliament's Rules of Procedure

Rule 202

Present text

Amendment

Rule 202

deleted

Committee responsible for the verification of credentials

 

Among the committees set up in accordance with the provisions of these Rules, one committee shall be responsible for the verification of credentials and the preparation of decisions on any objections concerning the validity of elections.

 

Amendment 227

Parliament's Rules of Procedure

Rule 203

Present text

Amendment

Rule 203

Rule 203

Subcommittees

Subcommittees

1.    Subject to prior authorisation by the Conference of Presidents , a standing or special committee may, in the interests of its work, appoint one or more subcommittees, at the same time determining their composition, in accordance with Rule 199, and their areas of responsibility. Subcommittees shall report to the committee that set them up .

1.    Subcommittees may be set up in accordance with Rule 196 . A standing or special committee may also , in the interests of its work and subject to prior authorisation by the Conference of Presidents , appoint one or more subcommittees, at the same time determining their composition, in accordance with the relevant provisions laid down in Rule 199, and their areas of responsibility , which shall fall within the areas of responsibility of the parent committee . Subcommittees shall report to their parent committee.

2.   The procedure for subcommittees shall be the same as for committees.

2.    Unless otherwise specified in these Rules, the procedure for subcommittees shall be the same as for committees.

 

2a.     Full members of a subcommittee shall be chosen from among the members of the parent committee.

3.   Substitutes shall be allowed to sit on subcommittees under the same conditions as on committees.

3.   Substitutes shall be allowed to sit on subcommittees under the same conditions as on committees.

4.    The application of these provisions must safeguard the interdependence between a subcommittee and the committee within which it is set up. For this purpose all the full members of a subcommittee shall be chosen from among the members of the parent committee.

 

 

4a.     The Chair of the parent committee may involve the Chairs of the subcommittees in the work of the coordinators or may allow them to chair debates in the parent committee on issues specifically dealt with by the subcommittees in question, provided that this way of proceeding is submitted to the committee bureau for consideration and approved.

Amendment 228

Parliament's Rules of Procedure

Rule 204

Present text

Amendment

Rule 204

Rule 204

Committee bureaux

Committee bureaux

At the first committee meeting after the election of committee members pursuant to Rule 199, the committee shall elect a bureau consisting of a chair and of vice-chairs who shall be elected in separate ballots. The number of vice-chairs to be elected shall be determined by Parliament upon a proposal by the Conference of Presidents.

1.   At the first committee meeting after the appointment of committee members pursuant to Rule 199, the committee shall elect a bureau consisting of a chair and of vice-chairs who shall be elected from among the full members of that committee in separate ballots. The number of vice-chairs to be elected shall be determined by Parliament upon a proposal by the Conference of Presidents. The diversity of Parliament must be reflected in the composition of the bureau of each committee; it shall not be permissible to have an all male or all female bureau or for all of the Vice-Chairs to come from the same Member State.

Only full members of a committee who have been elected in accordance with Rule 199 may be elected to the bureau of that committee.

 

Where the number of nominations corresponds to the number of seats to be filled, the election may take place by acclamation.

2.   Where the number of nominations corresponds to the number of seats to be filled, the election shall take place by acclamation. However, if there is more than one candidate on a given ballot, or at least one sixth of the committee members requested a vote , the election shall take place by secret ballot.

If this is not the case, or at the request of one-sixth of the members of the committee , the election shall take place by secret ballot.

 

If there is only one candidate, the election shall be won by an absolute majority of the votes cast, these to include votes cast for and against.

If there is only one candidate, the election shall be won by an absolute majority of the votes cast, these to include votes cast for and against.

If there is more than one candidate at the first ballot , the candidate who obtains an absolute majority of the votes cast , as defined in the preceding subparagraph, shall be elected. At the second ballot, the candidate who obtains the highest number of votes shall be elected. In the event of a tie, the oldest candidate shall be elected.

If there is more than one candidate, the candidate who obtains an absolute majority of the votes cast at the first ballot shall be elected. At the second ballot, the candidate who obtains the highest number of votes shall be elected. In the event of a tie, the oldest candidate shall be elected.

Where a second ballot is required, new candidates may be nominated.

 

This Rule does not preclude the Chair of the main committee from involving the Chairs of the subcommittees in the work of the bureau or from permitting them to chair debates on issues specifically dealt with by the subcommittees in question — on the contrary, it allows this — provided that this way of proceeding is submitted to the bureau in its entirety for its consideration and that it receives the bureau's agreement.

 

 

2a.     The following Rules concerning the Officers of Parliament shall apply mutatis mutandis to committees: Rule 14 (Provisional Chair), Rule 15 (Nominations and general provisions), Rule 16 (Election of President — opening address), Rule 19 (Term of office of Officers) and Rule 20 (Vacancies).

Amendment 229

Parliament's Rules of Procedure

Rule 205

Present text

Amendment

Rule 205

Rule 205

Committee coordinators and shadow rapporteurs

Committee coordinators

1.   The political groups may designate one of their members as coordinator.

1.   The political groups may designate one of their members in each committee as coordinator.

2.   The committee coordinators shall if necessary be convened by their committee Chair to prepare decisions to be taken by the committee, in particular decisions on procedure and the appointment of rapporteurs. The committee may delegate the power to take certain decisions to the coordinators, with the exception of decisions concerning the adoption of reports, opinions or amendments. The Vice-Chairs may be invited to participate in the meetings of committee coordinators in a consultative role. The coordinators shall endeavour to find a consensus. When consensus cannot be reached, they may act only by a majority that clearly represents a large majority of the committee, having regard to the respective strengths of the various groups.

2.   The committee coordinators shall if necessary be convened by the committee Chair to prepare decisions to be taken by the committee, in particular decisions on procedure and on the appointment of rapporteurs. The committee may delegate the power to take certain decisions to the coordinators, with the exception of decisions concerning the adoption of reports, motions for resolutions, opinions or amendments.

 

The Vice-Chairs may be invited to participate in the meetings of committee coordinators in a consultative role.

 

When consensus cannot be reached, the coordinators may act only by a majority that clearly represents a large majority of the committee, having regard to the respective strengths of the various political groups.

 

The Chair shall announce in committee all decisions and recommendations of the coordinators, which shall be deemed to have been adopted if they are not contested and shall be duly mentioned in the minutes of the committee meeting.

3.    The committee coordinators shall be convened by their committee Chair to prepare the organisation of the hearings of Commissioners-designate. Following those hearings, the coordinators shall meet to evaluate the nominees in accordance with the procedure laid down in Annex XVI.

 

4.    The political groups may designate a shadow rapporteur for each report to follow the progress of the relevant report and find compromises within the committee on behalf of the group. Their names shall be communicated to the committee Chair. The committee, on a proposal from the coordinators, may in particular decide to involve the shadow rapporteurs in seeking an agreement with the Council in ordinary legislative procedures.

 

Non-attached Members do not constitute a political group within the meaning of Rule 32 and they cannot therefore designate coordinators, who are the only Members entitled to attend coordinator meetings.

Non-attached Members do not constitute a political group within the meaning of Rule 32 and they cannot therefore designate coordinators, who are the only Members entitled to attend coordinator meetings.

The function of coordinator meetings is to prepare committee decisions and they may not replace committee meetings without explicit delegation. Hence ex-ante delegation is required for decisions taken at coordinator meetings. In the absence of such delegation, coordinators may only adopt recommendations requiring formal ex-post approval by the committee.

 

In all cases, non-attached Members must be guaranteed access to information, in accordance with the principle of non-discrimination, through the supply of information and the presence of a member of the non-attached Members’ secretariat at coordinator meetings.

In all cases, non-attached Members must be guaranteed access to information, in accordance with the principle of non-discrimination, through the supply of information and the presence of a member of the non-attached Members’ secretariat at coordinator meetings.

Amendment 230

Parliament's Rules of Procedure

Rule 205 a (new)

Present text

Amendment

 

Rule 205 a

 

Shadow Rapporteurs

 

The political groups may designate a shadow rapporteur for each report to follow the progress of the relevant report and find compromises within the committee on behalf of the group. Their names shall be communicated to the committee Chair.

Amendment 231

Parliament's Rules of Procedure

Title VIII — chapter 2 — title

Present text

Amendment

CHAPTER 2

deleted

COMMITTEES — FUNCTIONING

 

Amendment 232

Parliament's Rules of Procedure

Rule 206

Present text

Amendment

Rule 206

Rule 206

Committee meetings

Committee meetings

1.   A committee shall meet when convened by its Chair or at the request of the President.

1.   A committee shall meet when convened by its Chair or at the request of the President.

 

When convening the meeting, the Chair shall submit its draft agenda. The committee shall take a decision on the agenda at the beginning of the meeting.

2.   The Commission and the Council may take part in committee meetings if invited to do so on behalf of a committee by its Chair.

2.   The Commission , the Council and other Union institutions may take the floor in committee meetings if invited to do so on behalf of a committee by its Chair.

By special decision of a committee, any other person may be invited to attend and to speak at a meeting.

By decision of a committee, any other person may be invited to attend and to take the floor at a meeting.

By analogy, the decision on whether to allow Members' assistants to be present at committee meetings is left to the discretion of each committee.

 

The committee responsible may, subject to approval by the Bureau, organise a hearing of experts if it considers such a hearing essential to the effective conduct of its work on a particular subject.

The committee responsible may, subject to approval by the Bureau, organise a hearing of experts if it considers such a hearing essential to the effective conduct of its work on a particular subject.

Committees asked for opinions may attend the hearing if they so wish.

 

Provisions of this paragraph shall be interpreted in accordance with the point 50 of the Framework Agreement on relations between the European Parliament and the European Commission  (24) .

 

3.   Without prejudice to Rule 53(6) and unless the committee concerned decides otherwise, Members may attend meetings of committees to which they do not belong but may not take part in their deliberations.

3.   Without prejudice to Rule 53(6) and unless the committee concerned decides otherwise, Members who attend meetings of committees to which they do not belong, may not take part in their deliberations.

Such Members may, however, be allowed by the committee to take part in its proceedings in an advisory capacity.

They may, however, be allowed by the committee to take part in its meetings in an advisory capacity.

 

3a.     Rule 162(2) on allocation of speaking time shall apply mutatis mutandis to committees.

 

3b.     Where a verbatim report is drawn up, Rule 194 (1a), (2) and (4) shall apply mutatis mutandis.

 

Amendment 233

Parliament's Rules of Procedure

Rule 207

Present text

Amendment

Rule 207

Rule 207

Minutes of committee meetings

Minutes of committee meetings

The minutes of each meeting of a committee shall be distributed to all its members and submitted to the committee for its approval.

The minutes of each meeting of a committee shall be made available to all its members and submitted to the committee for its approval.

Amendment 234

Parliament's Rules of Procedure

Rule 208

Present text

Amendment

Rule 208

Rule 208

Voting in committee

Voting in committee

1.    Any Member may table amendments for consideration in committee.

1.    Without prejudice to Rule 66(4) on second readings, amendments or draft proposals for rejection tabled for consideration in committee shall always be signed by a full or substitute member of the committee concerned or co-signed by at least one such member .

2.   A committee may validly vote when one quarter of its members are actually present. However, if so requested by one sixth of its members before voting begins, the vote shall be valid only if the majority of the component members of the committee have taken part in it.

2.   A committee may validly vote when one quarter of its members are actually present. However, if so requested by one sixth of its members before voting begins, the vote shall be valid only if the majority of its members have taken part in it.

3.   Any single and/or final vote in committee on a report shall be taken by roll call in accordance with Rule 180(2). The vote on amendments and other votes shall be taken by a show of hands, unless the Chair decides to proceed to an electronic vote or a quarter of the committee members request a vote by roll call.

3.   Any single and/or final vote in committee on a report or opinion shall be taken by roll call in accordance with Rule 180(2 ) and (2a ). The vote on amendments and other votes shall be taken by a show of hands, unless the Chair decides to proceed to an electronic vote or a quarter of the committee members request a vote by roll call.

The provisions of Rule 208(3) on voting by roll call do not apply to the reports provided for in Rule 8(2) and Rule 9(3), (6) and (8) in the context of procedures relating to the immunity of a Member.

The provisions of Rule 208(3) on voting by roll call do not apply to the reports provided for in Rule 8(2) and Rule 9(3), (6) and (8) in the context of procedures relating to the immunity of a Member.

4.    The Chair may take part in discussions and may vote, but without having a casting vote.

 

5.   In the light of the amendments tabled, the committee may, instead of proceeding to a vote, ask the rapporteur to submit a new draft taking account of as many of the amendments as possible. A new deadline shall then be set for amendments to this draft .

5.   In the light of the amendments tabled, the committee may, instead of proceeding to a vote, ask the rapporteur to submit a new draft taking account of as many of the amendments as possible. A new deadline shall then be set for amendments.

Amendment 235

Parliament's Rules of Procedure

Rule 209

Present text

Amendment

Rule 209

Rule 209

Provisions concerning plenary sittings applicable in committee

Provisions concerning plenary sittings applicable in committee

Rules 14, 15, 16, 19, 20, 38 to 48, 160, 162 ( 2 ) and (10 ), 165, 167, 169 to 172, 174, 176(1), 177, 178, 181 , 182, 184 to 187, 190 and 191 shall apply mutatis mutandis to committee meetings .

The following Rules concerning voting, interruptive and procedural motions shall apply mutatis mutandis to committees: Rule 164a (Prevention of obstruction), 168a (Thresholds), Rule 169 (Tabling and moving amendments), Rule 170 ( Admissibility of amendments ) , Rule 171 (Voting procedure ), Rule 174 (Order of voting on amendments), Rule 176 (1) (Split voting), Rule 177 (Right to vote), Rule 178 (Voting), Rule 179a (Tied votes), Rule 180(2) and (2a) (Vote by roll call), Rule 180a (Voting by secret ballot), Rule 181 (Use of electronic voting system), Rule 182a (Disputes on voting), Rule 184a (Points of order), Rule 190 (Adjournment of a debate or vote) and Rule 191 (Suspension or closure of the sitting) .

Amendment 236

Parliament's Rules of Procedure

Rule 210 a (new)

Present text

Amendment

 

Rule 210a

 

Procedure for the consultation by a committee of confidential information received by Parliament

 

1.    When Parliament is under a legal obligation to treat information received as confidential information, the chair of the committee responsible shall automatically apply the confidential procedure laid down in paragraph 3.

 

2.    Without prejudice to paragraph 1, in the absence of any legal obligation to treat the information received as confidential information, any committee may apply the confidential procedure laid down in paragraph 3 on its own motion to an item of information or a document indicated by one of its members in a written or oral request. A majority of two-thirds of the members present shall be required for a decision to apply the confidential procedure in such a case.

 

3.    Once the chair of the committee has declared that the confidential procedure is applied, the meeting shall be attended only by members of the committee and by officials and experts who have been designated in advance by the chair and whose presence is strictly necessary.

 

The documents shall be distributed at the beginning of the meeting and collected again at the end. They shall be numbered. No notes and no photocopies may be taken.

 

The minutes of the meeting shall make no mention of the discussion of the item taken under the confidential procedure. Only the relevant decision, if any, may be recorded.

 

4.    Three members of a committee which has applied the confidential procedure may request consideration of a breach of confidentiality. This request may be placed on the agenda of the next committee meeting. By a majority of its members, the committee may decide to submit the matter to the President for further consideration under Rules 11 and 166.

Amendment 237

Parliament's Rules of Procedure

Rule 211

Present text

Amendment

Rule 211

Rule 211

Public hearings on citizens’ initiatives

Public hearings on citizens’ initiatives

1.   When the Commission has published a citizens’ initiative in the relevant register pursuant to point (a) of Article 10(1) of Regulation (EU) No 211/2011 of the European Parliament and of the Council of 16 February 2011 on the citizens' initiative, the President of the European Parliament, on a proposal from the Chair of the Conference of Committee Chairs:

1.   When the Commission has published a citizens’ initiative in the relevant register pursuant to point (a) of Article 10(1) of Regulation (EU) No 211/2011 of the European Parliament and of the Council of 16 February 2011 on the citizens' initiative, the President of the European Parliament, on a proposal from the Chair of the Conference of Committee Chairs:

(a)

shall task a legislative committee responsible for the subject-matter according to Annex VI with organising the public hearing provided for in Article 11 of Regulation (EU) No 211/2011; the committee responsible for petitions shall be automatically associated with the legislative committee under Rule 54;

(a)

shall task the committee responsible for the subject-matter according to Annex VI with organising the public hearing provided for in Article 11 of Regulation (EU) No 211/2011; the committee responsible for petitions shall be automatically associated under Rule 54;

(b)

may, where two or more citizens' initiatives published in the relevant register pursuant to point (a) of Article 10(1) of Regulation (EU) No 211/2011 have a similar subject-matter, decide, after consulting the organisers, that a joint public hearing is to be organised at which all of the citizens' initiatives involved shall be dealt with on an equal footing.

(b)

may, where two or more citizens' initiatives published in the relevant register pursuant to point (a) of Article 10(1) of Regulation (EU) No 211/2011 have a similar subject-matter, decide, after consulting the organisers, that a joint public hearing is to be organised at which all of the citizens' initiatives involved shall be dealt with on an equal footing.

2.   The committee responsible:

2.   The committee responsible:

(a)

shall ascertain whether the Commission has received the organisers at an appropriate level in accordance with point (b) of Article 10(1) of Regulation (EU) No 211/2011;

(a)

shall ascertain whether the Commission has received the organisers at an appropriate level in accordance with point (b) of Article 10(1) of Regulation (EU) No 211/2011;

(b)

shall ensure, if necessary with the support of the Conference of Committee Chairs, that the Commission is properly involved in organising the public hearing and that it is represented at an appropriate level at the hearing.

(b)

shall ensure, if necessary with the support of the Conference of Committee Chairs, that the Commission is properly involved in organising the public hearing and that it is represented at an appropriate level at the hearing.

3.   The chair of the committee responsible shall convene the public hearing at an appropriate date within three months of the submission of the initiative to the Commission pursuant to Article 9 of Regulation (EU) No 211/2011.

3.   The chair of the committee responsible shall convene the public hearing at an appropriate date within three months of the submission of the initiative to the Commission pursuant to Article 9 of Regulation (EU) No 211/2011.

4.   The committee responsible shall organise the public hearing at Parliament, if appropriate together with such other institutions and bodies of the Union as may wish to participate. It may invite other stakeholders to attend.

4.   The committee responsible shall organise the public hearing at Parliament, if appropriate together with such other institutions and bodies of the Union as may wish to participate. It may invite other stakeholders to attend.

The committee responsible shall invite a representative group of organisers, including at least one of the contact persons referred to in the second subparagraph of Article 3(2) of Regulation (EU) No 211/2011, to present the initiative at the hearing.

The committee responsible shall invite a representative group of organisers, including at least one of the contact persons referred to in the second subparagraph of Article 3(2) of Regulation (EU) No 211/2011, to present the initiative at the hearing.

5.   The Bureau shall, in accordance with the arrangements agreed with the Commission, adopt rules concerning the reimbursement of incurred costs.

5.   The Bureau shall, in accordance with the arrangements agreed with the Commission, adopt rules concerning the reimbursement of incurred costs.

6.   The President of Parliament and the Chair of the Conference of Committee Chairs may delegate their powers under this Rule to a Vice-President and another committee chair respectively.

6.   The President of Parliament and the Chair of the Conference of Committee Chairs may delegate their powers under this Rule to a Vice-President and another committee chair respectively.

7.   If the conditions laid down in Rule 54 or Rule 55 are met, those provisions shall also apply, mutatis mutandis, to other committees. Rule 201 shall also apply.

7.   If the conditions laid down in Rule 54 or Rule 55 are met, those provisions shall also apply, mutatis mutandis, to other committees. Rules 201 and 201a shall also apply.

Rule 25(9) shall not apply to public hearings on citizens' initiatives.

Rule 25(9) shall not apply to public hearings on citizens' initiatives

 

7a.     In the event that the Commission fails to put forward a proposal for a legal act on a citizens' initiative successfully submitted to it in accordance with Article 9 of Regulation (EU) No 211/2011 within a twelve-month period after issuing a positive opinion on it and setting out in a communication the action it intends to take, the committee responsible may organise a hearing in consultation with the citizen's initiative organisers and if necessary activate the procedure laid down in Rule 46 with a view to exercise Parliament's right to request the Commission to submit an appropriate proposal.

Amendment 238

Parliament's Rules of Procedure

Rule 212

Present text

Amendment

Rule 212

Rule 212

Setting-up and duties of interparliamentary delegations

Setting-up and duties of interparliamentary delegations

1.   On a proposal from the Conference of Presidents, Parliament shall set up standing interparliamentary delegations and decide on their nature and the number of their members in the light of their duties. The members shall be elected during the first or second part-session following the re-election of Parliament for the duration of the parliamentary term.

1.   On a proposal from the Conference of Presidents, Parliament shall set up standing interparliamentary delegations and decide on their nature and the number of their members in the light of their duties. The members shall be appointed by the political groups and the non-attached Members during the first or second part-session following the re-election of Parliament for the duration of the parliamentary term.

2.    Members of the delegations shall be elected after nominations have been submitted to the Conference of Presidents by the political groups and the non-attached Members. The Conference of Presidents shall submit to Parliament proposals designed to ensure as far as possible that Member States and political views are fairly represented . Rule 199 (2), (3), (5) and (6) shall apply .

2.    The political groups shall ensure as far as possible that Member States, political views and gender are fairly represented. It shall not be possible for more than one third of the members of a delegation to have the same nationality . Rule 199 shall apply mutatis mutandis .

3.   The bureaux of the delegations shall be constituted in accordance with the procedure laid down for the standing committees in Rule 204.

3.   The bureaux of the delegations shall be constituted in accordance with the procedure laid down for the standing committees in Rule 204.

4.   Parliament shall determine the general powers of the individual delegations. It may at any time decide to increase or restrict those powers.

4.   Parliament shall determine the general powers of the individual delegations. It may at any time decide to increase or restrict those powers.

5.   The implementing provisions needed to enable the delegations to carry out their work shall be adopted by the Conference of Presidents on a proposal from the Conference of Delegation Chairs.

5.   The implementing provisions needed to enable the delegations to carry out their work shall be adopted by the Conference of Presidents on a proposal from the Conference of Delegation Chairs.

6.   The Chair of a delegation shall submit to the committee responsible for foreign affairs and security a report on the activities of the delegation.

6.   The Chair of a delegation shall regularly report back to the committee responsible for foreign affairs on the activities of the delegation.

7.   The Chair of a delegation shall be given an opportunity to be heard by a committee when an item on the agenda which touches on the delegation's area of responsibility. The same shall apply to the Chair or rapporteur of that committee in the case of meetings of the delegation.

7.   The Chair of a delegation shall be given an opportunity to be heard by a committee when an item on the agenda which touches on the delegation's area of responsibility. The same shall apply to the Chair or rapporteur of that committee in the case of meetings of the delegation.

Amendment 239

Parliament's Rules of Procedure

Rule 213

Present text

Amendment

Rule 213

Rule 214a

Cooperation with the Parliamentary Assembly of the Council of Europe

Cooperation with the Parliamentary Assembly of the Council of Europe

1.   Parliament's bodies, particularly the committees, shall cooperate with their counterparts at the Parliamentary Assembly of the Council of Europe in fields of mutual interest, with the aim in particular of improving the efficiency of their work and avoiding duplication of effort.

1.   Parliament's bodies, particularly the committees, shall cooperate with their counterparts at the Parliamentary Assembly of the Council of Europe in fields of mutual interest, with the aim in particular of improving the efficiency of their work and avoiding duplication of effort.

2.   The Conference of Presidents, in agreement with the competent authorities of the Parliamentary Assembly of the Council of Europe, shall decide on the arrangements for implementing these provisions .

2.   The Conference of Presidents, in agreement with the competent authorities of the Parliamentary Assembly of the Council of Europe, shall decide on the arrangements for that cooperation .

 

(This Rule as amended shall be moved after Rule 214.)

Amendment 240

Parliament's Rules of Procedure

Rule 214

Present text

Amendment

Rule 214

Rule 214

Joint parliamentary committees

Joint parliamentary committees

1.   The European Parliament may set up joint parliamentary committees with the parliaments of States associated with the Union or States with which accession negotiations have been initiated.

1.   The European Parliament may set up joint parliamentary committees with the parliaments of States associated with the Union or States with which accession negotiations have been initiated.

Such committees may formulate recommendations for the parliaments involved. In the case of the European Parliament, these recommendations shall be referred to the committee responsible, which shall put forward proposals on the action to be taken.

Such committees may formulate recommendations for the parliaments involved. In the case of the European Parliament, these recommendations shall be referred to the committee responsible, which shall put forward proposals on the action to be taken.

2.   The general responsibilities of the various joint parliamentary committees shall be defined by the European Parliament and by the agreements with the third countries.

2.   The general responsibilities of the various joint parliamentary committees shall be defined by the European Parliament , in accordance with the agreements with the third countries.

3.   Joint parliamentary committees shall be governed by the procedures laid down in the relevant agreement. Such procedures shall be based on the principle of parity between the delegation of the European Parliament and that of the parliament involved.

3.   Joint parliamentary committees shall be governed by the procedures laid down in the relevant agreement. Such procedures shall be based on the principle of parity between the delegation of the European Parliament and that of the parliament involved.

4.   Joint parliamentary committees shall draw up their own rules of procedure and submit them for approval to the bureaux of the European Parliament and of the parliament involved.

4.   Joint parliamentary committees shall draw up their own rules of procedure and submit them for approval , within the European Parliament to its Bureau, and within the third country parliament involved to the latter's relevant body .

5.   The election of the members of European Parliament delegations to joint parliamentary committees and the constitution of the bureaux of these delegations shall take place in accordance with the procedure laid down for interparliamentary delegations.

5.   The election of the members of European Parliament delegations to joint parliamentary committees and the constitution of the bureaux of these delegations shall take place in accordance with the procedure laid down for interparliamentary delegations.

Amendment 241

Parliament's Rules of Procedure

Rule 215

Present text

Amendment

Rule 215

Rule 215

Right of petition

Right of petition

1.   Any citizen of the European Union and any natural or legal person residing or having its registered office in a Member State shall have the right to address, individually or in association with other citizens or persons, a petition to Parliament on a matter which comes within the European Union's fields of activity and which affects him, her or it directly.

1.    In accordance with Article 227 of the Treaty on the Functioning of the European Union, any citizen of the European Union and any natural or legal person residing or having its registered office in a Member State shall have the right to address, individually or in association with other citizens or persons, a petition to Parliament on a matter which comes within the European Union's fields of activity and which affects him, her or it directly.

2.   Petitions to Parliament shall show the name , nationality and permanent address of each petitioner.

2.   Petitions to Parliament shall show the name and the permanent address of each petitioner.

 

2a.     Submissions to Parliament that are clearly not intended to be a petition shall not be registered as petitions; instead, they shall be forwarded without delay to the appropriate service for further treatment.

3.   Where a petition is signed by several natural or legal persons, the signatories shall designate a representative and deputy representatives who shall be regarded as the petitioners for the purposes of this Title.

3.   Where a petition is signed by several natural or legal persons, the signatories shall designate a representative and deputy representatives who shall be regarded as the petitioners for the purposes of this Title.

If no such representatives have been designated the first signatory or another appropriate person shall be regarded as the petitioner.

If no such representatives have been designated the first signatory or another appropriate person shall be regarded as the petitioner.

4.   Each petitioner may at any time withdraw support for the petition.

4.   Each petitioner may at any time withdraw his, her or its signature from the petition.

After withdrawal of support by all the petitioners the petition shall become null and void.

Should all petitioners withdraw their signatures, the petition shall become null and void.

5.   Petitions must be written in an official language of the European Union.

5.   Petitions must be written in an official language of the European Union.

Petitions written in any other language will be considered only if the petitioner has attached a translation in an official language. Parliament's correspondence with the petitioner shall employ the official language in which the translation is drawn up.

Petitions written in any other language will be considered only if the petitioner has attached a translation in an official language. Parliament's correspondence with the petitioner shall employ the official language in which the translation is drawn up.

The Bureau may decide that petitions and correspondence with petitioners may be drafted in other languages used in a Member State .

The Bureau may decide that petitions and correspondence with petitioners may be drafted in other languages which, in accordance with the constitutional order of the Member States concerned, enjoy official status in all or part of their territory.

 

5a.     Petitions can be submitted either by post or through the Petitions portal that shall be made available on Parliament's website and which shall guide the petitioner to formulate the petition in a manner that complies with paragraphs 1 and 2.

 

5b.     Where several petitions are received on a similar subject matter, they may be dealt with jointly.

6.   Petitions shall be entered in a register in the order in which they are received if they comply with the conditions laid down in paragraph 2; those that do not shall be filed, and the petitioner shall be informed of the reasons for this.

6.   Petitions shall be entered in a register in the order in which they are received if they comply with the conditions laid down in paragraph 2; those that do not shall be filed, and the petitioner shall be informed of the reasons for this.

7.   Petitions entered in the register shall be forwarded by the President to the committee responsible, which shall first establish the admissibility or otherwise of the petition in accordance with Article 227 of the Treaty on the Functioning of the European Union.

7.   Petitions entered in the register shall be forwarded by the President to the committee responsible, which shall first establish the admissibility of the petition in accordance with Article 227 of the Treaty on the Functioning of the European Union.

If the committee responsible fails to reach a consensus on the admissibility of the petition, it shall be declared admissible at the request of at least one quarter of the members of the committee.

If the committee responsible fails to reach a consensus on the admissibility of the petition, it shall be declared admissible at the request of at least one-third of the members of the committee.

8.   Petitions declared inadmissible by the committee shall be filed; the petitioner shall be informed of the decision and the reasons for it. Where possible, alternative means of redress may be recommended.

8.   Petitions declared inadmissible by the committee shall be filed; the petitioner shall be informed of the decision and the reasons for it. Where possible, alternative means of redress may be recommended.

9.   Petitions, once registered, shall as a general rule become public documents, and the name of the petitioner and the contents of the petition may be published by Parliament for reasons of transparency.

9.   Petitions, once registered, shall become public documents, and the name of the petitioner , possible co-petitioners and possible supporters and the contents of the petition may be published by Parliament for reasons of transparency. The petitioner, co-petitioners and supporters shall be informed accordingly.

10.   Notwithstanding the provisions contained in paragraph 9, the petitioner may request that his or her name be withheld in order to protect his or her privacy, in which case Parliament must comply with the request.

10.   Notwithstanding paragraph 9, the petitioner , a co-petitioner or a supporter may request that his, her or its name be withheld in order to protect his, her or its privacy, in which case Parliament must comply with the request.

Where the petitioner's complaint cannot be investigated for reasons of anonymity, the petitioner shall be consulted as to the further steps to be taken.

Where the petitioner's complaint cannot be investigated for reasons of anonymity, the petitioner shall be consulted as to the further steps to be taken.

 

10a.     In order to protect rights of third parties, Parliament may, on its own motion or upon request by the third party concerned, anonymise a petition and/or other data contained therein, if it sees fit to do so.

11.    The petitioner may request that his or her petition be treated confidentially, in which case suitable precautions shall be taken by Parliament to ensure that the contents are not made public. The petitioner shall be told under which precise conditions this provision is to apply.

 

12.    Where the committee deems it appropriate, it may refer the matter to the Ombudsman.

 

13.   Petitions addressed to Parliament by natural or legal persons who are neither citizens of the European Union nor reside in a Member State nor have their registered office in a Member State shall be registered and filed separately. The President shall send a monthly record of such petitions received during the previous month, indicating their subject-matter, to the committee responsible for petitions, which may ask to see those which it wishes to consider.

13.   Petitions addressed to Parliament by natural or legal persons who are neither citizens of the European Union nor reside in a Member State nor have their registered office in a Member State shall be registered and filed separately. The President shall send a monthly record of such petitions received during the previous month, indicating their subject-matter, to the committee responsible for petitions, which may ask to see those which it wishes to consider.

Amendment 242

Parliament's Rules of Procedure

Rule 216

Present text

Amendment

Rule 216

Rule 216

Examination of petitions

Examination of petitions

1.   Admissible petitions shall be considered by the committee responsible in the course of its normal activity, either through discussion at a regular meeting or by written procedure. Petitioners may be invited to participate in meetings of the committee if their petition is to be the subject of discussion, or they may ask to be present. The right to speak shall be granted to petitioners at the discretion of the Chair.

1.   Admissible petitions shall be considered by the committee responsible in the course of its normal activity, either through discussion at a regular meeting or by written procedure. Petitioners may be invited to participate in meetings of the committee if their petition is to be the subject of discussion, or they may ask to be present. The right to speak shall be granted to petitioners at the discretion of the Chair.

2.   The committee may, with regard to an admissible petition, decide to draw up an own-initiative report in accordance with Rule 52(1) or to submit a short motion for a resolution to Parliament, provided that there is no objection by the Conference of Presidents. Such motions for resolutions shall be placed on the draft agenda for the part-session held no later than eight weeks after their adoption in committee. They shall be put to a single vote and shall also be without debate unless the Conference of Presidents exceptionally decides to apply Rule 151.

2.   The committee may, with regard to an admissible petition, decide to submit a short motion for a resolution to Parliament, provided that the Conference of Committee Chairs is informed in advance and there is no objection by the Conference of Presidents. Such motions for resolutions shall be placed on the draft agenda for the part-session held no later than eight weeks after their adoption in committee. They shall be put to a single vote. The Conference of Presidents may propose to apply Rule 151, failing which they shall be adopted without debate.

The committee may request opinions from other committees that have specific responsibility for the issue under consideration in accordance with Rule 53 and Annex VI.

 

3.   Where the report deals with, in particular, the application or interpretation of Union law or proposed changes to existing law, the committee responsible for the subject-matter shall be associated in accordance with Rule 53 (1) and the first and second indents of Rule 54. The committee responsible shall accept without a vote suggestions for parts of the motion for a resolution received from the committee responsible for the subject-matter which deal with the application or interpretation of Union law or changes to existing law. If the committee responsible does not accept such suggestions, the associated committee may table them directly in plenary.

3.   Where the committee intends to draw up an own initiative report under Rule 52(1) with regard to an admissible petition and dealing with, in particular, the application or interpretation of Union law or proposed changes to existing law, the committee responsible for the subject-matter shall be associated in accordance with Rule 53 and Rule 54. The committee responsible shall accept without a vote suggestions for parts of the motion for a resolution received from the committee responsible for the subject-matter which deal with the application or interpretation of Union law or changes to existing law. If the committee responsible does not accept such suggestions, the associated committee may table them directly in plenary.

4.    An electronic register shall be set up in which citizens may lend or withdraw support to the petitioner, appending their own electronic signature to petitions which have been declared admissible and entered in the register .

4.    Signatories may lend support to, or withdraw support from, an admissible petition on the Petitions Portal that shall be made available on Parliament's website .

5.    When investigating petitions, establishing facts or seeking solutions the committee may organise fact-finding visits to the Member State or region concerned by the petition.

 

Reports on the visits shall be drafted by their participants. They shall be forwarded to the President after approval by the committee.

 

Fact-finding visits and the reports on those visits are aimed solely at providing the Committee with the requisite information to enable it to consider the petition further. Such reports are drafted under the exclusive responsibility of the participants in the visit, who shall seek to reach a consensus. Failing such a consensus, the report must set out the divergent findings of fact or assessments. The report is submitted to the Committee for its approval by a single vote, unless the Chair declares, where appropriate, that amendments may be tabled to parts of the report. Rule 56 does not apply to these reports, either directly or mutatis mutandis. In the absence of approval by the Committee, reports shall not be forwarded to the President.

 

6.   The committee may request assistance from the Commission particularly in the form of information on the application of, or compliance with, Union law and information or documents relevant to the petition. Representatives of the Commission shall be invited to attend meetings of the committee.

6.   The committee may request assistance from the Commission particularly in the form of information on the application of, or compliance with, Union law and information or documents relevant to the petition. Representatives of the Commission shall be invited to attend meetings of the committee.

7.   The committee may ask the President to forward its opinion or recommendation to the Commission, the Council or the Member State authority concerned for action or response.

7.   The committee may ask the President to forward its opinion or recommendation to the Commission, the Council or the Member State authority concerned for action or response.

8.   The committee shall inform Parliament every six months of the outcome of its deliberations.

8.   The committee shall report to Parliament annually on the outcome of its deliberations and, where appropriate, on the measures taken by the Council or the Commission on petitions referred to them by Parliament .

The committee shall, in particular, inform Parliament of the measures taken by the Council or the Commission on petitions referred to them by Parliament.

 

The petitioner shall be informed of the decision taken by the committee and the reasons for that decision.

 

When consideration of an admissible petition has been concluded, it shall be declared closed and the petitioner informed .

When consideration of an admissible petition has been concluded, it shall be declared closed by decision of the committee .

 

9a.     The petitioner shall be informed of all relevant decisions taken by the committee and the reasons thereof.

 

9b.     A petition may be re-opened by committee decision, if relevant new facts relating to the petition have been brought to its attention and the petitioner so requests.

 

9c.     By a majority of its members, the committee shall adopt guidelines for the treatment of petitions in accordance with these Rules of Procedure.

Amendment 243

Parliament's Rules of Procedure

Rule 216 a (new)

Present text

Amendment

 

Rule 216 a

 

Fact-finding visits

 

1.    When investigating petitions, establishing facts or seeking solutions the committee may organise fact-finding visits to the Member State or region concerned by admissible petitions that have been already debated in the committee. As a general rule, fact-finding visits shall cover issues raised in several petitions. The Bureau Rules governing committee delegations within the European Union shall apply.

 

2.    Members elected in the Member State of destination shall not be part of the delegation. They may be allowed to accompany the fact-finding visit delegation in an ex officio capacity.

 

3.    After each visit, a mission report shall be drafted by the official members of the delegation. The Head of the delegation shall coordinate the drafting of the report and shall seek consensus on its content among the official members on an equal footing. Failing such a consensus, the mission report shall set out the divergent assessments.

 

Members taking part in the delegation ex officio shall not participate in the drafting of the report.

 

4.    The mission report, including possible recommendations, shall be submitted to the committee. Members may table amendments to the recommendations, but not to the parts of the report concerning the facts established by the delegation.

 

The committee shall first vote on the amendments to the recommendations, if any, then on the mission report as a whole.

 

The mission report, if approved, shall be forwarded for information to the President.

Amendment 244

Parliament's Rules of Procedure

Rule 217

Present text

Amendment

Rule 217

Rule 217

Notice of petitions

Notice of petitions

1.   Notice shall be given in Parliament of the petitions entered in the register referred to in Rule 215(6) and the main decisions on the procedure to be followed in relation to specific petitions. Such announcements shall be entered in the minutes of proceedings.

1.   Notice shall be given in Parliament of the petitions entered in the register referred to in Rule 215(6) and the main decisions on the procedure to be followed in relation to specific petitions. Such announcements shall be entered in the minutes of proceedings.

2.   The title and a summary of the texts of petitions entered in the register, together with the texts of the opinions and the most important decisions forwarded in connection with the examination of the petitions, shall be made available to the public in a database, provided the petitioner agrees. Confidential petitions shall be preserved in the records of Parliament, where they shall be available for inspection by Members .

2.   The title and a summary of the texts of petitions entered in the register, together with the texts of the opinions and the most important decisions forwarded in connection with the examination of the petitions, shall be made available to the public on the Petitions Portal that shall be made available on Parliament’s website .

Amendment 245

Parliament's Rules of Procedure

Rule 218

Present text

Amendment

Rule 218

Rule 218

Citizens' initiative

Citizens' initiative

When Parliament is informed that the Commission has been invited to submit a proposal for a legal act under Article 11(4) of the EU Treaty and in accordance with Regulation (EU) No 211/2011, the committee responsible for petitions shall ascertain whether this is likely to affect its work and, if need be, shall inform those petitioners who have addressed petitions on related subjects.

1.   When Parliament is informed that the Commission has been invited to submit a proposal for a legal act under Article 11(4) of the EU Treaty and in accordance with Regulation (EU) No 211/2011, the committee responsible for petitions shall ascertain whether this is likely to affect its work and, if need be, shall inform those petitioners who have addressed petitions on related subjects.

Proposed citizens’ initiatives which have been registered in accordance with Article 4 of Regulation (EU) No 211/2011, but which cannot be submitted to the Commission in accordance with Article 9 of that Regulation since not all the relevant procedures and conditions laid down have been complied with, may be examined by the committee responsible for petitions if it considers that follow-up is appropriate. Rules 215, 216 and 217 shall apply mutatis mutandis.

2.   Proposed citizens' initiatives which have been registered in accordance with Article 4 of Regulation (EU) No 211/2011, but which cannot be submitted to the Commission in accordance with Article 9 of that Regulation since not all the relevant procedures and conditions laid down have been complied with, may be examined by the committee responsible for petitions if it considers that follow-up is appropriate. Rules 215, 216 , 216a and 217 shall apply mutatis mutandis.

Amendment 246

Parliament's Rules of Procedure

Rule 219

Present text

Amendment

Rule 219

Rule 219

Election of the Ombudsman

Election of the Ombudsman

1.   At the start of each parliamentary term , immediately after his election or in the cases referred to in paragraph 8 , the President shall call for nominations for the office of Ombudsman and set a time-limit for their submission. A notice calling for nominations shall be published in the Official Journal of the European Union.

1.   At the start of each parliamentary term or in the case of death, resignation or dismissal of the Ombudsman , the President shall call for nominations for the office of Ombudsman and set a time-limit for their submission. A notice calling for nominations shall be published in the Official Journal of the European Union.

2.   Nominations must have the support of at least 40 Members who are nationals of at least two Member States.

2.   Nominations must have the support of at least 40 Members who are nationals of at least two Member States.

Each Member may support only one nomination.

Each Member may support only one nomination.

Nominations shall include all the supporting documents needed to show conclusively that the nominee fulfils the conditions required by the Regulations on the Ombudsman .

Nominations shall include all the supporting documents needed to show conclusively that the nominee fulfils the conditions laid down in Article 6(2) of Decision 94/262/ECSC, EC, Euratom of the European Parliament on the regulations and general conditions governing the performance of the Ombudsman's duties .

3.   Nominations shall be forwarded to the committee responsible , which may ask to hear the nominees.

3.   Nominations shall be forwarded to the committee responsible . A full list of the Members who have given their support to the nominees shall be made available to the public in due time .

Such hearings shall be open to all Members.

 

 

3a.     The committee responsible may ask to hear the nominees. Such hearings shall be open to all Members.

4.   A list of admissible nominations in alphabetical order shall then be submitted to the vote of Parliament.

4.   A list of admissible nominations in alphabetical order shall then be submitted to the vote of Parliament.

5.   The vote shall be held by secret ballot on the basis of a majority of the votes cast.

5.   The Ombudsman shall be elected by a majority of the votes cast.

If no candidate is elected after the first two ballots, only the two candidates obtaining the largest number of votes in the second ballot may continue to stand.

If no candidate is elected after the first two ballots, only the two candidates obtaining the largest number of votes in the second ballot may continue to stand.

In the event of any tie the oldest candidate shall be appointed.

In the event of any tie the oldest candidate shall be appointed.

6.   Before opening the vote, the President shall ensure that at least half of Parliament's component Members are present.

6.   Before opening the vote, the President shall ensure that at least half of Parliament's component Members are present.

7.    The person elected shall immediately be called upon to take an oath before the Court of Justice.

 

8.   The Ombudsman shall exercise his duties until his successor takes office, except in the case of his death or dismissal.

8.   The Ombudsman shall exercise his or her duties until his or her successor takes office, except in the case of his or her death or dismissal.

Amendment 247

Parliament's Rules of Procedure

Rule 220

Present text

Amendment

Rule 220

Rule 220

Activities of the Ombudsman

Activities of the Ombudsman

1.    The decision on the regulations and general conditions governing the performance of the Ombudsman's duties and the provisions implementing that decision as adopted by the Ombudsman are annexed to these Rules of Procedure  (25) for information.

 

2.    The Ombudsman shall , in accordance with Article 3(6) and (7) of the abovementioned decision, inform Parliament of cases of maladministration, on which the committee responsible may draw up a report . The Ombudsman shall also, in accordance with Article 3(8) of that decision, submit a report to Parliament at the end of each annual session on the outcome of his inquiries . The committee responsible shall draw up a report thereon which shall be submitted to Parliament for debate .

2.    The committee responsible shall examine cases of maladministration that it was informed about by the Ombudsman pursuant to Article 3(6) and (7) of Decision 94/262/ECSC, EC, Euratom and may draw up a report under Rule 52.

 

The committee responsible shall examine the report submitted by the Ombudsman at the end of each annual session on the outcome of his or her inquiries , in accordance with Article 3(8) of Decision 94/262/ECSC, EC, Euratom and may submit a motion of resolution to Parliament if it considers that Parliament needs to take a position in respect of any aspect of that report .

3.   The Ombudsman may also provide the committee responsible with information at its request, or be heard by it on his own initiative.

3.   The Ombudsman may also provide the committee responsible with information at its request, or be heard by it on his own initiative.

 

Amendment 248

Parliament's Rules of Procedure

Rule 221

Present text

Amendment

Rule 221

Rule 221

Dismissal of the Ombudsman

Dismissal of the Ombudsman

1.   One tenth of Parliament's component Members may request the Ombudsman's dismissal if he no longer fulfils the conditions required for the performance of his duties or is guilty of serious misconduct.

1.   One tenth of Parliament's component Members may request the Ombudsman's dismissal if he or she no longer fulfils the conditions required for the performance of his duties or is guilty of serious misconduct. Where such a request for dismissal has been voted on in the preceding two months, a new one may be tabled only by one fifth of the component Members of Parliament.

2.   The request shall be forwarded to the Ombudsman and to the committee responsible, which, if it decides by a majority of its members that the reasons are well founded, shall submit a report to Parliament. If he so requests, the Ombudsman shall be heard before the report is put to the vote. Parliament shall, following a debate, take a decision by secret ballot.

2.   The request shall be forwarded to the Ombudsman and to the committee responsible, which, if it decides by a majority of its members that the reasons are well founded, shall submit a report to Parliament. If he or she so requests, the Ombudsman shall be heard before the report is put to the vote. Parliament shall, following a debate, take a decision by secret ballot.

3.   Before opening the vote, the President shall ensure that half of Parliament's component Members are present.

3.   Before opening the vote, the President shall ensure that half of Parliament's component Members are present.

4.   If the vote is in favour of the Ombudsman's dismissal and he does not resign accordingly the President shall, at the latest by the part-session following that at which the vote was held, apply to the Court of Justice to have the Ombudsman dismissed with a request for a ruling to be given without delay.

4.   If the vote is in favour of the Ombudsman's dismissal and he or she does not resign accordingly the President shall, at the latest by the part-session following that at which the vote was held, apply to the Court of Justice to have the Ombudsman dismissed with a request for a ruling to be given without delay.

Resignation by the Ombudsman shall terminate the procedure.

Resignation by the Ombudsman shall terminate the procedure.

Amendment 249

Parliament's Rules of Procedure

Rule 222

Present text

Amendment

Rule 222

Rule 222

Secretariat

Secretariat

1.   Parliament shall be assisted by a Secretary-General appointed by the Bureau.

1.   Parliament shall be assisted by a Secretary-General appointed by the Bureau.

The Secretary-General shall give a solemn undertaking before the Bureau to perform his duties conscientiously and with absolute impartiality.

The Secretary-General shall give a solemn undertaking before the Bureau to perform his duties conscientiously and with absolute impartiality.

2.   The Secretary-General shall head a Secretariat the composition and organisation of which shall be determined by the Bureau.

2.   The Secretary-General shall head a Secretariat the composition and organisation of which shall be determined by the Bureau.

3.   The Bureau shall decide on the establishment plan of the Secretariat and lay down regulations relating to the administrative and financial situation of officials and other servants.

3.   The Bureau shall decide on the establishment plan of the Secretariat and lay down regulations relating to the administrative and financial situation of officials and other servants.

The Bureau shall also decide on the categories of officials and other servants to which Articles 11 to 13 of the Protocol on the Privileges and Immunities of the European Union are to apply wholly or in part.

 

The President of Parliament shall inform the appropriate institutions of the European Union accordingly.

The President of Parliament shall inform the appropriate institutions of the European Union accordingly.

Amendment 250

Parliament's Rules of Procedure

Title 12 — title

Present text

Amendment

TITLE XII

TITLE XII

POWERS AND RESPONSIBILITIES RELATING TO POLITICAL PARTIES AT EUROPEAN LEVEL

POWERS AND RESPONSIBILITIES RELATING TO EUROPEAN POLITICAL PARTIES AND EUROPEAN POLITICAL FOUNDATIONS

Amendment 251

Parliament's Rules of Procedure

Rule 223

Present text

Amendment

Rule 223

deleted

Powers and responsibilities of the President

 

The President shall represent Parliament in its relations with political parties at European level, in accordance with Rule 22(4).

 

Amendment 252

Parliament's Rules of Procedure

Rule 223 a (new)

Present text

Amendment

 

Rule 223 a  (1a)

Powers and responsibilities relating to European political parties and European political foundations

1.    Where, in accordance with Article 65(1) of Regulation (EU, Euratom) No 966/2012 on the financial rules applicable to the general budget of the Union, Parliament decides to reserve to itself the right to authorise expenditure, it shall act through its Bureau.

 

On this basis, the Bureau shall be competent to adopt decisions under Articles 17, 18, 24, 27(3) and 30 of Regulation (EU, Euratom) No 1141/2014 of the European Parliament and of the Council on the statute and funding of European political parties and European political foundations.

 

Individual decisions adopted by the Bureau on the basis of this paragraph shall be signed by the President on its behalf and shall be notified to the applicant or to the beneficiary in accordance with Article 297 of the Treaty on the Functioning of the European Union. Individual decisions shall state the reasons on which they are based in accordance with the second paragraph of Article 296 of that Treaty.

 

The Bureau may at any time consult the Conference of Presidents.

 

2.    At the request of one quarter of the component Members of Parliament representing at least three political groups, Parliament shall vote on the decision to request, in accordance with Article 10(3) of Regulation (EU, Euratom) No 1141/2014, the Authority for European political parties and European political foundations to verify whether a registered European political party or a registered European political foundation complies with the conditions laid down in point (c) of Article 3(1) and point (c) of Article 3(2) of Regulation (EU, Euratom) No 1141/2014.

 

3.    At the request of one quarter of the component Members of Parliament representing at least three political groups, Parliament shall vote on a proposal for a reasoned decision to object, pursuant to Article 10(4) of Regulation (EU, Euratom) No 1141/2014, to the decision of the Authority for European political parties and European political foundations to deregister a European political party or a European political foundation within three months of the communication of the decision.

 

The committee responsible shall submit the proposal for a reasoned decision. If this proposal is rejected, the contrary decision shall be deemed to have been adopted.

 

4.    On the basis of a proposal by the committee responsible, the Conference of Presidents shall appoint two members of the committee of independent eminent persons pursuant to Article 11 (1) of Regulation (EU, Euratom) No 1141/2014.

Amendment 253

Parliament's Rules of Procedure

Rule 224

Present text

Amendment

Rule 224

deleted

Powers and responsibilities of the Bureau

 

1.    The Bureau shall take a decision on any application for funding submitted by a political party at European level and on the distribution of appropriations amongst the beneficiary political parties. It shall draw up a list of the beneficiaries and of the amounts allocated.

 

2.    The Bureau shall decide whether to suspend or reduce funding and whether to recover amounts which have been wrongly paid.

 

3.    After the end of the budget year the Bureau shall approve the beneficiary political parties' final activity reports and final financial statements.

 

4.    Under the terms and conditions laid down in Regulation (EC) No 2004/2003 of the European Parliament and of the Council the Bureau may grant technical assistance to political parties at European level in accordance with their proposals. The Bureau may delegate specific types of decisions to grant technical assistance to the Secretary-General.

 

5.    In all the cases set out in paragraphs 1 to 4 the Bureau shall act on the basis of a proposal from the Secretary-General. Except in the cases set out in paragraphs 1 and 4 the Bureau shall, before taking a decision, hear the representatives of the political party concerned. The Bureau may at any time consult the Conference of Presidents.

 

6.    Where Parliament — following verification — establishes that a political party at European level has ceased to observe the principles of liberty, democracy, respect for human rights and fundamental freedoms and the rule of law, the Bureau shall decide that that political party shall be excluded from funding.

 

Amendment 254

Parliament's Rules of Procedure

Rule 225

Present text

Amendment

Rule 225

deleted

Powers and responsibilities of the committee responsible and of Parliament's plenary

 

1.    At the request of one-quarter of Parliament's Members representing at least three political groups, the President, following an exchange of views in the Conference of Presidents, shall call upon the committee responsible to verify whether or not a political party at European level is continuing (particularly in its programme and in its activities) to observe the principles upon which the European Union is founded, namely the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law.

 

2.    Before submitting a proposal for a decision to Parliament, the committee responsible shall hear the representatives of the political party concerned. It shall ask for and consider the opinion of a committee of independent eminent persons, as provided for in Regulation (EC) No 2004/2003.

 

3.    Parliament shall vote (by a majority of the votes cast) on the proposal for a decision establishing that the political party concerned either does or does not observe the principles set out in paragraph 1. No amendment may be tabled. In either case, if the proposal for a decision does not secure a majority, a decision to the contrary shall be deemed to have been adopted.

 

4.    Parliament’s decision shall apply with effect from the day upon which the request referred to in paragraph 1 was tabled.

 

5.    The President shall represent Parliament on the committee of independent eminent persons.

 

6.    The committee responsible shall draw up the report provided for in Regulation (EC) No 2004/2003 on the application of that Regulation and the activities funded, and shall submit it in plenary.

 

Amendment 255

Parliament's Rules of Procedure

Rule 226

Present text

Amendment

Rule 226

Rule 226

Application of the Rules of Procedure

Application of the Rules of Procedure

1.   Should doubt arise over the application or interpretation of these Rules of Procedure, the President may refer the matter to the committee responsible for examination.

1.   Should doubt arise over the application or interpretation of these Rules of Procedure, the President may refer the matter to the committee responsible for examination.

Committee Chairs may do so when such a doubt arises in the course of the committee's work and is related to it.

Committee Chairs may do so when such a doubt arises in the course of the committee's work and is related to it.

2.   The committee shall decide whether it is necessary to propose an amendment to the Rules of Procedure. If this should be the case, it shall proceed in accordance with Rule 227.

2.   The committee shall decide whether it is necessary to propose an amendment to the Rules of Procedure. If this should be the case, it shall proceed in accordance with Rule 227.

3.   Should the committee decide that an interpretation of the existing Rules is sufficient, it shall forward its interpretation to the President who shall inform Parliament at its next part-session.

3.   Should the committee decide that an interpretation of the existing Rules is sufficient, it shall forward its interpretation to the President who shall inform Parliament at its next part-session.

4.   Should a political group or at least 40 Members contest the committee's interpretation, the matter shall be put to the vote in Parliament. Adoption of the text shall be by a majority of the votes cast, provided that at least one third of Parliament's component Members are present. In the event of rejection, the matter shall be referred back to the committee.

4.   Should a political group or at least 40 Members contest the committee's interpretation within a period of 24 hours following its announcement , the matter shall be put to the vote in Parliament. Adoption of the text shall be by a majority of the votes cast, provided that at least one third of Parliament's component Members are present. In the event of rejection, the matter shall be referred back to the committee.

5.   Uncontested interpretations and interpretations adopted by Parliament shall be appended in italic print as explanatory notes to the appropriate Rule or Rules.

5.   Uncontested interpretations and interpretations adopted by Parliament shall be appended in italic print as explanatory notes to the appropriate Rule or Rules.

6.   Interpretations shall constitute precedents for the future application and interpretation of the Rules concerned.

6.   Interpretations shall constitute precedents for the future application and interpretation of the Rules concerned.

7.   The Rules of Procedure and interpretations shall be reviewed regularly by the committee responsible.

7.   The Rules of Procedure and interpretations shall be reviewed regularly by the committee responsible.

8.   Where these Rules confer rights on a specific number of Members, that number shall be automatically adjusted to the nearest whole number representing the same percentage of Parliament's membership whenever the total size of Parliament is increased , in particular following enlargements of the European Union.

8.   Where these Rules confer rights on a specific number of Members, that number shall be automatically adjusted to the nearest whole number representing the same percentage of Parliament's membership whenever the total size of Parliament is modified , in particular following enlargements of the European Union.

Amendment 256

Parliament's Rules of Procedure

Rule 227

Present text

Amendment

Rule 227

Rule 227

Amendment of the Rules of Procedure

Amendment of the Rules of Procedure

1.   Any Member may propose amendments to these Rules and to their annexes accompanied, where appropriate, by short justifications.

1.   Any Member may propose amendments to these Rules and to their annexes accompanied, where appropriate, by short justifications.

Such proposed amendments shall be translated, printed, distributed and referred to the committee responsible , which shall examine them and decide whether to submit them to Parliament.

The committee responsible shall examine them and decide whether to submit them to Parliament.

For the purpose of applying Rules 169, 170 and 174 to consideration of such proposed amendments in Parliament, references made in those Rules to the ‘original text’ or the proposal for a legislative act shall be considered as referring to the provision in force at the time.

For the purpose of applying Rules 169, 170 and 174 to consideration of such proposed amendments in Parliament, references made in those Rules to the ‘original text’ or the proposal for a legislative act shall be considered as referring to the provision in force at the time.

2.   Amendments to these Rules shall be adopted only if they secure the votes of a majority of the component Members of Parliament.

2.    In accordance with Article 232 of the Treaty on the Functioning of the European Union, amendments to these Rules shall be adopted only if they secure the votes of a majority of the component Members of Parliament.

3.   Unless otherwise specified when the vote is taken, amendments to these Rules and to their annexes shall enter into force on the first day of the part-session following their adoption.

3.   Unless otherwise specified when the vote is taken, amendments to these Rules and to their annexes shall enter into force on the first day of the part-session following their adoption.

Amendment 257

Parliament's Rules of Procedure

Rule 230

Present text

Amendment

Rule 230

deleted

Arrangement of annexes

 

The annexes to these Rules of Procedure shall be arranged under the following four headings:

 

(a)

implementing provisions for procedures under these Rules, adopted by a majority of the votes cast (Annex VI);

 

(b)

provisions adopted in implementation of specific terms of the Rules of Procedure and in accordance with the procedures and majority rules laid down therein (Annexes I, II, III, IV, V, VII(A), (C), (E) and (F), and IX(A));

 

(c)

interinstitutional agreements or other provisions adopted in accordance with the Treaties which are applicable within Parliament or which have a bearing on its operation. Decisions to annex such provisions to the Rules of Procedure shall be taken by Parliament by a majority of the votes cast, on a proposal from its committee responsible (Annexes VII(B) and (D), VIII, IX(B) X, XI, XII, XIII, XIV, XVIII, XIX and XXI);

 

(d)

guidelines and codes of conduct adopted by the relevant bodies of Parliament (Annexes XV, XVI, XVII and XX).

 

Amendment 258

Parliament's Rules of Procedure

Rule 231

Present text

Amendment

Rule 231

Rule 231

Corrigenda

Corrigenda

1.   If an error is identified in a text adopted by Parliament, the President shall, where appropriate, refer a draft corrigendum to the committee responsible.

1.   If an error is identified in a text adopted by Parliament, the President shall, where appropriate, refer a draft corrigendum to the committee responsible.

2.   If an error is identified in a text adopted by Parliament and agreed with other institutions, the President shall seek the agreement of those institutions on the necessary corrections before proceeding in accordance with paragraph 1.

2.   If an error is identified in a text adopted by Parliament and agreed with other institutions, the President shall seek the agreement of those institutions on the necessary corrections before proceeding in accordance with paragraph 1.

3.   The committee responsible shall examine the draft corrigendum and submit it to Parliament if it is satisfied that an error has occurred which can be corrected in the proposed manner.

3.   The committee responsible shall examine the draft corrigendum and submit it to Parliament if it is satisfied that an error has occurred which can be corrected in the proposed manner.

4.   The corrigendum shall be announced at the following part-session. It shall be deemed approved unless, not later than 24 hours after its announcement, a request is made by a political group or at least 40 Members that it be put to the vote. If the corrigendum is not approved, it shall be referred back to the committee responsible which may propose an amended corrigendum or close the procedure.

4.   The corrigendum shall be announced at the following part-session. It shall be deemed approved unless, not later than 24 hours after its announcement, a request is made by a political group or at least 40 Members that it be put to the vote. If the corrigendum is not approved, it shall be referred back to the committee responsible which may propose an amended corrigendum or close the procedure.

5.   Approved corrigenda shall be published in the same way as the text to which they refer. Rules 76, 77 and 78 shall apply mutatis mutandis.

5.   Approved corrigenda shall be published in the same way as the text to which they refer. Rule 78 shall apply mutatis mutandis.

Amendment 259

Parliament's Rules of Procedure

Annex I — Article 2

Present text

Amendment

Article 2

Article 2

Main duties of Members

Main duties of Members

In exercising their duties, Members of the European Parliament shall:

In exercising their duties, Members of the European Parliament shall:

(a)

not enter into any agreement to act or vote in the interest of any other legal or natural person that would compromise their voting freedom, as enshrined in Article 6 of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage and Article 2 of the Statute for Members of the European Parliament,

(a)

not enter into any agreement to act or vote in the interest of any other legal or natural person that would compromise their voting freedom, as enshrined in Article 6 of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage and Article 2 of the Statute for Members of the European Parliament,

(b)

not solicit, accept or receive any direct or indirect financial benefit or other reward in exchange for influencing, or voting on, legislation, motions for a resolution, written declarations or questions tabled in Parliament or any of its committees , and shall consciously seek to avoid any situation which might imply bribery or corruption.

(b)

not solicit, accept or receive any direct or indirect benefit or other reward , whether in cash or in kind, in exchange for specific behaviour in the scope of the Member's parliamentary work , and shall consciously seek to avoid any situation which might imply bribery, corruption , or undue influence ,

 

(ba)

not engage in paid professional lobbying directly linked to the Union decision-making process.

Amendment 260

Parliament's Rules of Procedure

Annex I — Article 4

Present text

Amendment

Article 4

Article 4

Declaration by Members

Declaration by Members

1.   For reasons of transparency, Members of the European Parliament shall be personally responsible for submitting a declaration of financial interests to the President by the end of the first part-session after elections to the European Parliament (or within 30 days of taking up office with the Parliament in the course of a parliamentary term), in accordance with a form to be adopted by the Bureau pursuant to Article 9. They shall notify the President of any changes that have an influence on their declaration within 30 days of each change occurring.

1.   For reasons of transparency, Members of the European Parliament shall be personally responsible for submitting a declaration of financial interests to the President by the end of the first part-session after elections to the European Parliament (or within 30 days of taking up office with the Parliament in the course of a parliamentary term), in accordance with a form to be adopted by the Bureau pursuant to Article 9. They shall notify the President of any changes that have an influence on their declaration by the end of the month following each change occurring.

2.   The declaration of financial interests shall contain the following information, which shall be provided in a precise manner:

2.   The declaration of financial interests shall contain the following information, which shall be provided in a precise manner:

(a)

the Member’s occupation(s) during the three-year period before he or she took up office with the Parliament, and his or her membership during that period of any boards or committees of companies, non-governmental organisations, associations or other bodies established in law,

(a)

the Member’s occupation(s) during the three-year period before he or she took up office with the Parliament, and his or her membership during that period of any boards or committees of companies, non-governmental organisations, associations or other bodies established in law,

(b)

any salary which the Member receives for the exercise of a mandate in another parliament,

(b)

any salary which the Member receives for the exercise of a mandate in another parliament,

(c)

any regular remunerated activity which the Member undertakes alongside the exercise of his or her office, whether as an employee or as a self-employed person,

(c)

any regular remunerated activity which the Member undertakes alongside the exercise of his or her office, whether as an employee or as a self-employed person,

(d)

membership of any boards or committees of any companies, non-governmental organisations, associations or other bodies established in law, or any other relevant outside activity that the Member undertakes, whether the membership or activity in question is remunerated or unremunerated,

(d)

membership of any boards or committees of any companies, non-governmental organisations, associations or other bodies established in law, or any other relevant outside activity that the Member undertakes, whether the membership or activity in question is remunerated or unremunerated,

(e)

any occasional remunerated outside activity (including writing, lecturing or the provision of expert advice), if the total remuneration exceeds EUR 5 000 in a calendar year,

(e)

any occasional remunerated outside activity (including writing, lecturing or the provision of expert advice), if the total remuneration of all the Member's occasional outside activities exceeds EUR 5 000 in a calendar year,

(f)

any holding in any company or partnership, where there are potential public policy implications or where that holding gives the Member significant influence over the affairs of the body in question,

(f)

any holding in any company or partnership, where there are potential public policy implications or where that holding gives the Member significant influence over the affairs of the body in question,

(g)

any support, whether financial or in terms of staff or material, additional to that provided by Parliament and granted to the Member in connection with his or her political activities by third parties, whose identity shall be disclosed,

(g)

any support, whether financial or in terms of staff or material, additional to that provided by Parliament and granted to the Member in connection with his or her political activities by third parties, whose identity shall be disclosed,

(h)

any other financial interests which might influence the performance of the Member’s duties.

(h)

any other financial interests which might influence the performance of the Member’s duties.

Any regular income Members receive in respect of each item declared in accordance with the first subparagraph shall be placed in one of the following categories:

For any item to be declared in accordance with the first subparagraph, Members shall, where appropriate, indicate whether it is remunerated or not; for items (a), (c), (d), (e) and (f), Members shall also indicate one of the following income categories:

 

Unremunerated

 

EUR 1 to EUR 499 a month;

EUR 500 to EUR 1 000 a month;

EUR 500 to EUR 1 000 a month;

EUR 1 001 to EUR 5 000 a month;

EUR 1 001 to EUR 5 000 a month;

EUR 5 001 to EUR 10 000 a month;

EUR 5 001 to EUR 10 000 a month;

more than EUR 10 000 a month.

above EUR 10 000 a month , with an indication of the nearest EUR 10 000 amount .

Any other income Members receive in respect of each item declared in accordance with the first subparagraph shall be calculated on an annual basis, divided by twelve and placed in one of the categories set out in the second subparagraph.

Any income that Members receive in respect of each item declared in accordance with the first subparagraph , but not on a regular basis, shall be calculated on an annual basis, divided by twelve and placed in one of the categories set out in the second subparagraph.

3.   The information provided to the President in line with this Article shall be published on Parliament’s website in an easily accessible manner.

3.   The information provided to the President in line with this Article shall be published on Parliament’s website in an easily accessible manner.

4.   Members may not be elected as office-holders of Parliament or of one of its bodies, be appointed as a rapporteur or participate in an official delegation, if they have not submitted their declaration of financial interests.

4.   Members may not be elected as office-holders of Parliament or of one of its bodies, be appointed as a rapporteur or participate in an official delegation or inter-institutional negotiations , if they have not submitted their declaration of financial interests.

 

4a.     If the President receives information, which leads him to believe that the declaration of financial interests of a Member is substantially incorrect or out of date, he may consult the advisory committee provided for in Article 7 and where appropriate, shall request the Member to correct the declaration within 10 days. The Bureau may adopt a decision applying Article 4(4) to Members who do not comply with the President’s correction request.

 

4b.     Rapporteurs may voluntarily list in the explanatory statement to their report outside interests who have been consulted on matters pertaining to the subject of the report  (1a).

Amendment 261

Parliament's Rules of Procedure

Annex I — Article 6

Present text

Amendment

Article 6

Article 6

Activities of former Members

Activities of former Members

Former Members of the European Parliament who engage in professional lobbying or representational activities directly linked to the European Union decision-making process may not, throughout the period in which they engage in those activities, benefit from the facilities granted to former Members under the rules laid down by the Bureau to that effect (26).

Former Members of the European Parliament who engage in professional lobbying or representational activities directly linked to the European Union decision-making process should inform the European Parliament thereof and may not, throughout the period in which they engage in those activities, benefit from the facilities granted to former Members under the rules laid down by the Bureau to that effect (26).

Amendment 262

Parliament's Rules of Procedure

Annex I — Article 7

Present text

Amendment

Article 7

Article 7

Advisory Committee on the Conduct of Members

Advisory Committee on the Conduct of Members

1.   An Advisory Committee on the Conduct of Members (‘the Advisory Committee’) is hereby established.

1.   An Advisory Committee on the Conduct of Members (‘the Advisory Committee’) is hereby established.

2.   The Advisory Committee shall be composed of five members, appointed by the President at the beginning of his or her term of office from amongst the members of the bureaux and the coordinators of the Committee on Constitutional Affairs and the Committee on Legal Affairs, taking due account of the Members’ experience and of political balance.

2.   The Advisory Committee shall be composed of five members, appointed by the President at the beginning of his or her term of office from amongst the members of the Committee on Constitutional Affairs and the Committee on Legal Affairs, taking due account of the Members' experience and of political balance.

Each member of the Advisory Committee shall serve as chair for six months on a rotating basis.

Each member of the Advisory Committee shall serve as chair for six months on a rotating basis.

3.   The President shall also, at the beginning of his or her term of office, nominate reserve members for the Advisory Committee, one for each political group not represented in the Advisory Committee.

3.   The President shall also, at the beginning of his or her term of office, nominate reserve members for the Advisory Committee, one for each political group not represented in the Advisory Committee.

In the event of an alleged breach of this Code of Conduct by a member of a political group not represented in the Advisory Committee, the relevant reserve member shall serve as a sixth full member of the Advisory Committee for the purposes of investigation of that alleged breach.

In the event of an alleged breach of this Code of Conduct by a member of a political group not represented in the Advisory Committee, the relevant reserve member shall serve as a sixth full member of the Advisory Committee for the purposes of investigation of that alleged breach.

4.   Upon request by a Member, the Advisory Committee shall give him or her, in confidence and within 30 calendar days, guidance on the interpretation and implementation of the provisions of this Code of Conduct. The Member in question shall be entitled to rely on such guidance.

4.   Upon request by a Member, the Advisory Committee shall give him or her, in confidence and within 30 calendar days, guidance on the interpretation and implementation of the provisions of this Code of Conduct. The Member in question shall be entitled to rely on such guidance.

At the request of the President, the Advisory Committee shall also assess alleged breaches of this Code of Conduct and advise the President on possible action to be taken.

At the request of the President, the Advisory Committee shall also assess alleged breaches of this Code of Conduct and advise the President on possible action to be taken.

5.   The Advisory Committee may, after consulting the President, seek advice from outside experts.

5.   The Advisory Committee may, after consulting the President, seek advice from outside experts.

6.   The Advisory Committee shall publish an annual report of its work.

6.   The Advisory Committee shall publish an annual report of its work.

Amendment 263

Parliament's Rules of Procedure

Annex I — Article 8

Present text

Amendment

Article 8

Article 8

Procedure in the event of possible breaches of the Code of Conduct

Procedure in the event of possible breaches of the Code of Conduct

1.   Where there is reason to think that a Member of the European Parliament may have breached this Code of Conduct, the President may refer the matter to the Advisory Committee.

1.   Where there is reason to think that a Member of the European Parliament may have breached this Code of Conduct, the President shall, except in manifestly vexatious cases, refer the matter to the Advisory Committee.

2.   The Advisory Committee shall examine the circumstances of the alleged breach, and may hear the Member concerned. On the basis of the conclusions of its findings, it shall make a recommendation to the President on a possible decision.

2.   The Advisory Committee shall examine the circumstances of the alleged breach, and may hear the Member concerned. On the basis of the conclusions of its findings, it shall make a recommendation to the President on a possible decision.

 

In case of an alleged breach of the Code of Conduct by a permanent member or by a reserve member of the Advisory Committee, the member or reserve member concerned shall refrain from taking part in the proceedings of the Advisory Committee on that alleged breach.

3.   If, taking into account that recommendation, the President concludes that the Member concerned has breached the Code of Conduct, he shall , after hearing the Member, adopt a reasoned decision laying down a penalty, which he shall notify to the Member.

3.   If, taking into account that recommendation, and having invited the Member concerned to submit written observations, the President concludes that the Member concerned has breached the Code of Conduct, he shall adopt a reasoned decision laying down a penalty, which he shall notify to the Member.

The penalty may consist of one or more of the measures listed in Rule 166(3) of the Rules of Procedure.

The penalty may consist of one or more of the measures listed in Rule 166(3) to (3b) of the Rules of Procedure.

4.   The internal appeal procedures defined in Rule 167 of the Rules of Procedure shall be open to the Member concerned.

4.   The internal appeal procedures defined in Rule 167 of the Rules of Procedure shall be open to the Member concerned.

5.    After the expiry of the time-limits laid down in Rule 167 of the Rules of the Procedure, any penalty imposed on a Member shall be announced by the President in plenary and prominently published on Parliament’s website for the remainder of the parliamentary term.

 

Amendment 264

Parliament's Rules of Procedure

Annex II

Present text

Amendment

[…]

deleted

Amendments 265 and 297

Parliament's Rules of Procedure

Annex III — title

Present text

Amendment

Criteria for questions for written answer under Rules 130 and 131

Criteria for Questions and Interpellations for Written Answer under Rules 130 , 130a, 130b, 131 and 131a

Amendment 266

Parliament's Rules of Procedure

Annex III — paragraph 1

Present text

Amendment

1.

Questions for written answer shall:

1.

Questions for written answer shall:

clearly specify the addressee to whom they are to be transmitted through the usual interinstitutional channels;

clearly specify the addressee to whom they are to be transmitted through the usual interinstitutional channels;

fall exclusively within the limits of the competences of the institutions as laid down in the relevant Treaties and within the sphere of responsibility of the addressee, and be of general interest;

fall exclusively within the limits of the competences of the addressee, as laid down in the relevant Treaties or in legal acts of the Union, or within its sphere of activity,

 

be of general interest;

be concise and contain an understandable interrogation;

be concise and contain an understandable interrogation;

not exceed 200 words;

not exceed 200 words;

not contain offensive language;

not contain offensive language;

not relate to strictly personal matters;

not relate to strictly personal matters;

not contain more than three sub-questions.

not contain more than three sub-questions.

Amendment 267

Parliament's Rules of Procedure

Annex III — paragraph 1 a (new)

Present text

Amendment

 

1a.

Questions to the Council may not deal with the subject of an ongoing ordinary legislative procedure or with Council's budgetary functions.

Amendment 268

Parliament's Rules of Procedure

Annex III — paragraph 3

Present text

Amendment

3.

If an identical or similar question has been put and answered during the preceding six months, or to the extent that a question merely seeks information on the follow-up to a specific resolution of Parliament of a kind which the Commission has already provided in a written follow-up communication, the Secretariat shall transmit a copy of the previous question and answer to the author . The renewed question shall not be forwarded to the addressee unless the President so decides in the light of significant new developments and in response to a reasoned request by the author.

3.

If an identical or similar question has been put and answered during the preceding six months, or to the extent that a question merely seeks information on the follow-up to a specific resolution of Parliament of a kind which the Commission has already provided in a written follow-up communication during the preceding six months , the Secretariat shall transmit to the author a copy of the previous question and answer or follow-up communication . The renewed question shall not be forwarded to the addressee unless the President so decides in the light of significant new developments and in response to a reasoned request by the author.

Amendment 269

Parliament's Rules of Procedure

Annex VII

Present text

Amendment

[…]

deleted

Amendment 270

Parliament's Rules of Procedure

Annex VIII

Present text

Amendment

[…]

deleted

Amendment 271

Parliament's Rules of Procedure

Annex IX

Present text

Amendment

[…]

deleted

Amendment 272

Parliament's Rules of Procedure

Annex X

Present text

Amendment

[…]

deleted

Amendment 273

Parliament's Rules of Procedure

Annex XI

Present text

Amendment

[…]

deleted

Amendment 274

Parliament's Rules of Procedure

Annex XII

Present text

Amendment

[…]

deleted

Amendment 275

Parliament's Rules of Procedure

Annex XIII

Present text

Amendment

[…]

deleted

Amendment 276

Parliament's Rules of Procedure

Annex XIV

Present text

Amendment

[…]

deleted

Amendment 277

Parliament's Rules of Procedure

Annex XV

Present text

Amendment

[…]

deleted

Amendment 278

Parliament's Rules of Procedure

Annex XVI

Present text

Amendment

Guidelines for the approval of the Commission

Approval of the Commission and monitoring of commitments made during the hearings.

1.

The following principles, criteria and arrangements shall apply for making the entire College of the Commission subject to Parliament's vote of consent:

 

 

Part I — Parliament's consent with regard to the entire College of the Commission

 

Article 1

(a)

Basis for assessment

Basis for assessment

Parliament shall evaluate Commissioners-designate on the basis of their general competence, European commitment and personal independence. It shall assess knowledge of their prospective portfolio and their communication skills.

1.   Parliament shall evaluate Commissioners-designate on the basis of their general competence, European commitment and personal independence. It shall assess knowledge of their prospective portfolio and their communication skills.

Parliament shall have particular regard to gender balance. It may express itself on the allocation of portfolio responsibilities by the President-elect.

2.   Parliament shall have particular regard to gender balance. It may express itself on the allocation of portfolio responsibilities by the President-elect.

Parliament may seek any information relevant to its reaching a decision on the aptitude of the Commissioners-designate. It shall expect full disclosure of information relating to their financial interests. The declarations of interest of the Commissioners-designate shall be sent for scrutiny to the committee responsible for legal affairs.

3.   Parliament may seek any information relevant to its reaching a decision on the aptitude of the Commissioners-designate. It shall expect full disclosure of information relating to their financial interests. The declarations of interest of the Commissioners-designate shall be sent for scrutiny to the committee responsible for legal affairs.

Scrutiny of the declaration of financial interests of a Commissioner-designate by the committee responsible for legal affairs consists not only in verifying that the declaration has been duly completed but also in assessing whether a conflict of interests may be inferred from the content of the declaration. It is then for the committee responsible for the hearing to decide whether or not it requires further information from the Commissioner-designate.

 

 

Article 1 a

 

Examination of declaration of financial interests

 

1.    The committee responsible for legal affairs shall examine the declarations of financial interests and assess whether the content of the declaration made by a commissioner-designate is accurate and complete and whether it is possible to infer a conflict of interests.

 

2.    The confirmation by the committee responsible for legal affairs of the absence of any conflict of interests is an essential precondition for the holding of the hearing by the committee responsible. In the absence of such confirmation, the procedure for appointing the Commissioner-designate shall be suspended while the procedure laid down in paragraph 3(c) is followed.

 

3.    The following guidelines shall be applied when the declarations of financial interests are scrutinised by the Committee responsible for Legal Affairs:

 

(a)

if, when scrutinising a declaration of financial interests, the Committee deems, on the basis of the documents presented, the declaration to be accurate, complete and to contain nothing indicating an actual or potential conflict of interests in connection with the portfolio of the Commissioner-designate, its Chair shall send a letter confirming this finding to the committees responsible for the hearing or to the committees involved in the event of a procedure taking place during a Commissioner's term of office;

 

(b)

if the Committee considers that the declaration of interests of a Commissioner-designate contains information which is incomplete or contradictory, or that there is a need for further information, it shall, pursuant to the Framework Agreement on relations between the European Parliament and the European Commission, request the Commissioner-designate to provide supplementary information without undue delay and shall consider and properly analyse it before making its decision; the Committee responsible for Legal Affairs may decide, where appropriate, to invite the Commissioner-designate to a discussion;

 

(c)

if the Committee identifies a conflict of interests based on the declaration of financial interests or the supplementary information supplied by the Commissioner-designate, it shall draw up recommendations aimed at resolving the conflict of interests; the recommendations may include renouncing the financial interests in question or changes to the portfolio of the Commissioner-designate by the President of the Commission; in more serious cases, if no solution is found to the conflict of interests, and as a last resort, the Committee responsible for legal affairs may conclude that the Commissioner-designate is unable to exercise his or her functions in accordance with the Treaties and the Code of Conduct; the President of Parliament shall then ask the President of the Commission what further steps the latter intends to take.

 

Article 2

(b)

Hearings

Hearings

Each Commissioner-designate shall be invited to appear before the appropriate committee or committees for a single hearing. The hearings shall be held in public.

1.   Each Commissioner-designate shall be invited to appear before the appropriate committee or committees for a single hearing.

The hearings shall be organised by the Conference of Presidents on a recommendation of the Conference of Committee Chairs. The Chair and coordinators of each committee shall be responsible for the detailed arrangements. Rapporteurs may be appointed.

2.   The hearings shall be organised by the Conference of Presidents on a recommendation of the Conference of Committee Chairs. The Chair and coordinators of each committee shall be responsible for the detailed arrangements. Rapporteurs may be appointed.

Appropriate arrangements shall be made to associate relevant committees where portfolios are mixed. There are three options:

3.   Appropriate arrangements shall be made to associate relevant committees where portfolios are mixed. There are three options:

(a)

if the portfolio of the Commissioner-designate falls within the remit of a single committee, the Commissioner-designate shall be heard by that committee alone (the committee responsible);

(a)

if the portfolio of the Commissioner-designate falls within the remit of a single committee, the Commissioner-designate shall be heard by that committee alone (the committee responsible);

(b)

if the portfolio of the Commissioner-designate falls more or less equally within the remit of more than one committee, the Commissioner-designate shall be heard jointly by those committees (joint committees); and

(b)

if the portfolio of the Commissioner-designate falls more or less equally within the remit of more than one committee, the Commissioner-designate shall be heard jointly by those committees (joint committees); and

(c)

if the portfolio of the Commissioner-designate falls mainly within the remit of one committee and only to a small extent within the remit of at least one other committee, the Commissioner-designate shall be heard by the committee mainly responsible, with the association of the other committee or committees (associated committees).

(c)

if the portfolio of the Commissioner-designate falls mainly within the remit of one committee and only to a small extent within the remit of at least one other committee, the Commissioner-designate shall be heard by the committee mainly responsible, with the association of the other committee or committees (associated committees).

The President-elect of the Commission shall be fully consulted on the arrangements.

4.   The President-elect of the Commission shall be fully consulted on the arrangements.

The committees shall submit written questions to the Commissioners-designate in good time before the hearings. For each Commissioner-designate there shall be two common questions drafted by the Conference of Committee Chairs, the first relating to the issues of general competence, European commitment and personal independence, and the second relating to the management of the portfolio and cooperation with Parliament. The committee responsible shall draft three other questions. In the case of joint committees, they shall each be given the right to draft two questions.

5.   The committees shall submit written questions to the Commissioners-designate in good time before the hearings. For each Commissioner-designate there shall be two common questions drafted by the Conference of Committee Chairs, the first relating to the issues of general competence, European commitment and personal independence, and the second relating to the management of the portfolio and cooperation with Parliament. The committee responsible shall submit five other questions; sub-questions shall not be allowed . In the case of joint committees, they shall each be given the right to submit three questions.

 

The curriculum vitae of the Commissioners-designate and their response to the written questions shall be published on Parliament’s website in advance of the hearing.

Each hearing shall be scheduled to last three hours. Hearings shall take place in circumstances, and under conditions, in which Commissioners-designate enjoy an equal and fair opportunity to present themselves and their opinions.

6.   Each hearing shall be scheduled to last three hours. Hearings shall take place in circumstances, and under conditions, in which Commissioners-designate enjoy an equal and fair opportunity to present themselves and their opinions.

Commissioners-designate shall be invited to make an opening oral statement of no longer than 15 minutes. Where possible, questions put during the course of the hearing shall be grouped together by theme . The bulk of the speaking time shall be allotted to political groups, mutatis mutandis in accordance with Rule 162. The conduct of the hearings shall aim to develop a pluralistic political dialogue between the Commissioners-designate and the Members. Before the end of the hearing, Commissioners-designate shall be given the opportunity to make a brief closing statement.

7.   Commissioners-designate shall be invited to make an opening oral statement of no longer than 15 minutes. Up to 25 questions, grouped together by theme whenever possible, shall be put during the course of the hearing . One follow up question may be asked immediately within the allocated time . The bulk of the speaking time shall be allotted to political groups, mutatis mutandis in accordance with Rule 162. The conduct of the hearings shall aim to develop a pluralistic political dialogue between the Commissioners-designate and the Members. Before the end of the hearing, Commissioners-designate shall be given the opportunity to make a brief closing statement.

There shall be a live audio-visual transmission of the hearings. An indexed recording of the hearings shall be made available for the public record within 24 hours.

8.   There shall be a live audio-visual transmission of the hearings made available free of charge to the public and media . An indexed recording of the hearings shall be made available for the public record within 24 hours.

 

Article 3

(c)

Evaluation

Evaluation

The Chair and coordinators shall meet without delay after the hearing to evaluate the individual Commissioners-designate. Those meetings shall be held in camera. The coordinators shall be invited to state whether, in their opinion, the Commissioners-designate are qualified both to be members of the College and to carry out the particular duties they have been assigned. The Conference of Committee Chairs shall design a pro forma template to assist the evaluation.

1.   The Chair and coordinators shall meet without delay after the hearing to evaluate the individual Commissioners-designate. Those meetings shall be held in camera. The coordinators shall be invited to state whether, in their opinion, the Commissioners-designate are qualified both to be members of the College and to carry out the particular duties they have been assigned. The Conference of Committee Chairs shall design a pro forma template to assist the evaluation.

In the case of joint committees the Chair and the coordinators of the committees concerned shall act jointly throughout the procedure.

2.   In the case of joint committees the Chair and the coordinators of the committees concerned shall act jointly throughout the procedure.

There shall be a single evaluation statement for each Commissioner-designate. The opinions of all the committees associated with the hearing shall be included.

3.   There shall be a single evaluation letter for each Commissioner-designate. The opinions of all the committees associated with the hearing shall be included.

Where committees require further information in order to complete their evaluation, the President shall write on their behalf to the President-elect of the Commission. The coordinators shall take the latter's reply into consideration.

 

If the coordinators are unable to reach a consensus on the evaluation, or at the request of one political group, the Chair shall convene a full committee meeting. As a last resort, the Chair shall put the two decisions to the vote by secret ballot.

 

 

3a.     The following principles shall apply to the coordinators' evaluation:

 

(a)

If the coordinators unanimously approve the Commissioner-designate, the Chair shall submit a letter of approval on their behalf.

 

(b)

If the coordinators unanimously reject the Commissioner-designate, the Chair shall submit a letter of rejection on their behalf.

 

(c)

If coordinators representing a majority of at least two-thirds of the committee membership approve the Commissioner-designate, the Chair shall submit a letter on their behalf stating that a large majority approve the Commissioner-designate. Minority views shall be mentioned upon request.

 

(d)

If coordinators cannot reach a majority of at least two-thirds of the committee membership to approve the candidate, they shall

 

 

first request additional information through further written questions;

 

 

if coordinators are still dissatisfied, request a resumed hearing of 1,5 hour subject to the approval of the Conference of Presidents;

 

(e)

If, further to the application of point (d), coordinators representing a majority of at least two-thirds of the committee membership approve the Commissioner-designate, the Chair shall submit a letter on their behalf stating that a large majority approve the Commissioner-designate. Minority views shall be mentioned upon request.

 

(f)

If, further to the application of point (d), there is still no majority of coordinators representing at least two-thirds of the committee membership to approve the Commissioner-designate, the Chair shall convene a committee meeting and put to vote the two questions mentioned in Article 3(1). The Chair shall submit a letter stating the committee’s evaluation.

The committees' statements of evaluation shall be adopted and made public within 24 hours after the hearing. The statements shall be examined by the Conference of Committee Chairs and conveyed subsequently to the Conference of Presidents. Unless it decides to seek further information, the Conference of Presidents, following an exchange of views, shall declare the hearings closed.

3b.    The committees' letters of evaluation shall be transmitted within 24 hours after the completion of the evaluation process. The letters shall be examined by the Conference of Committee Chairs and conveyed subsequently to the Conference of Presidents. Unless it decides to seek further information, the Conference of Presidents, following an exchange of views, shall declare the hearings closed and authorise the publication of all letters of evaluation .

 

Article 4

 

Presentation of the college

The President-elect of the Commission shall present the whole College of Commissioners-designate and their programme at a sitting of Parliament which the President of the European Council and the President of the Council shall be invited to attend. The presentation shall be followed by a debate. In order to wind up the debate, any political group or at least 40 Members may table a motion for resolution. Rule 123(3) , (4) and (5 ) shall apply.

1.   The President-elect of the Commission shall be invited to present the whole College of Commissioners-designate and their programme at a sitting of Parliament which the President of the European Council and the President of the Council shall be invited to attend. The presentation shall be followed by a debate. In order to wind up the debate, any political group or at least 40 Members may table a motion for resolution. Rule 123(3) to (5b ) shall apply.

Following the vote on the motion for resolution, Parliament shall vote on whether or not to give its consent to the appointment, as a body, of the President-elect and Commissioners-designate. Parliament shall decide by a majority of the votes cast, by roll call. It may defer the vote until the following sitting.

2.   Following the vote on the motion for resolution, Parliament shall vote on whether or not to give its consent to the appointment, as a body, of the President-elect and Commissioners-designate. Parliament shall decide by a majority of the votes cast, by roll call. It may defer the vote until the following sitting.

 

Article 5

 

Monitoring of commitments made during the hearings

 

The commitments made and priorities referred to by Commissioners-designate during the hearings shall be reviewed, throughout his or her mandate, by the committee responsible in the context of the annual structured dialogue with the Commission undertaken in accordance with paragraph 1 of Annex 4 to the Framework Agreement on relations between the European Parliament and the European Commission.

2.    The following arrangements shall apply in the event of a change in the composition of the College of Commissioners or a substantial portfolio change during its term of office:

 

 

Part II — Substantial portfolio change or change in the composition of the College of Commissioners during its term of office

 

Article 6

 

Vacancy

(a)

When a vacancy caused by resignation, compulsory retirement or death is to be filled, Parliament, acting with dispatch, shall invite the Commissioner-designate to participate in a hearing under the same conditions as those laid down in paragraph 1 .

When a vacancy caused by resignation, compulsory retirement or death is to be filled, Parliament, acting with dispatch, shall invite the Commissioner-designate to participate in a hearing under the same conditions as those laid down in Part I .

 

Article 7

 

Accession of a new Member State

(b)

In the event of the accession of a new Member State, Parliament shall invite the Commissioner-designate to participate in a hearing under the same conditions as those laid down in paragraph 1 .

In the event of the accession of a new Member State, Parliament shall invite the Commissioner-designate to participate in a hearing under the same conditions as those laid down in Part I .

 

Article 8

 

Substantial portfolio change

(c)

In the event of a substantial portfolio change, the Commissioners affected shall be invited to appear before the committees concerned before taking up their new responsibilities.

In the event of a substantial portfolio change during the Commission's term of office , the Commissioners affected shall be invited to participate in a hearing under the same conditions as those laid down in Part I before taking up their new responsibilities

 

Article 9

 

Vote in plenary

By way of derogation from the procedure laid down in paragraph 1 ( c ) , eighth subparagraph , when the vote in plenary concerns the appointment of a single Commissioner, the vote shall be by secret ballot.

By way of derogation from the procedure laid down in Rule 118 ( 5a ), when the vote in plenary concerns the appointment of a single Commissioner, the vote shall be by secret ballot.

Amendment 279

Parliament's Rules of Procedure

Annex XVI a (new)

Present text

Amendment

 

ANNEX XVI A

 

Requirements for the drafting of acts adopted in accordance with the ordinary legislative procedure

 

1.

Acts shall indicate the type of the act followed by the reference number, the names of both institutions which adopted it, the date of their signature and an indication of their subject-matter.

 

2.

Acts shall contain the following:

 

(a)

‘The European Parliament and the Council of the European Union’;

 

(b)

a reference to the provisions under which the act is adopted, preceded by the words ‘Having regard to’;

 

(c)

a citation containing a reference to proposals submitted, opinions obtained and consultations held;

 

(d)

a statement of the reasons on which the act is based, introduced by the word ‘Whereas’;

 

(e)

a phrase such as ‘have adopted this Regulation’ or ‘have adopted this Directive’ or ‘have adopted this Decision’, followed by the body of the act.

 

3.

Acts shall be divided into articles, if appropriate grouped into parts, titles, chapters and sections.

 

4.

The last article of an act shall specify the date of entry into force, where that date is before or after the twentieth day following publication.

 

5.

The last article of an act shall be followed by:

 

the appropriate formulation, according to the relevant provisions of the Treaties, as to its applicability;

 

‘Done at…’, followed by the date on which the act was signed;

 

‘For the European Parliament The President’, ‘For the Council The President’, followed by the name of the President of Parliament and of the President-in-Office of the Council at the time when the act was signed.

Amendment 280

Parliament's Rules of Procedure

Annex XVII

Present text

Amendment

[…]

deleted

Amendment 281

Parliament's Rules of Procedure

Annex XVIII

Present text

Amendment

[…]

deleted

Amendment 282

Parliament's Rules of Procedure

Annex XIX

Present text

Amendment

[…]

deleted

Amendment 283

Parliament's Rules of Procedure

Annex XX

Present text

Amendment

[…]

deleted

Amendment 284

Parliament's Rules of Procedure

Annex XXI

Present text

Amendment

[…]

deleted


(*1)  For the consolidated version of Parliament's Rules of Procedure as amended, see http://www.europarl.europa.eu/sides/getLastRules.do?language=EN&reference=TOC"

(1)  OJ L 123, 12.5.2016, p. 1.

(1)  See Annex I.

(1)  See Annex I.

(1a)   Register established by means of the Agreement between the European Parliament and the European Commission on the transparency register for organisations and self-employed individuals engaged in EU policy-making and policy implementation (OJ L 277, 19.9.2014, p. 11).

(2)   Register established by means of the agreement between the European Parliament and the European Commission on the establishment of a Transparency Register for organisations and self-employed persons engaged in EU policy-making and policy implementation (see Annex IX, Part B).

(3)   See Annex IX, Part B.

(4)   See Annex 3 to the agreement set out in Annex IX, Part B.

(5)   See Annex IX, Part A.

(6)   See Annex XI.

(7)   See Annex VII, Part E.

(8)   See Annex XIII.

(8)   Framework Agreement on relations between the European Parliament and the European Commission (OJ L 304, 20.11.2010, p. 47).

(8a)   OJ L 123, 12.5.2016, p. 1.

(1a)   Interinstitutional Agreement of 13 April 2016 on Better-Law Making, paragraph 25 (OJ L 123, 12.5.2016, p. 1)

(9)   See the relevant decision of the Conference of Presidents, reproduced in Annex XVII to these Rules of Procedure.

(9a)   See the relevant decision of the Conference of Presidents.

(10)   See Annex XX.

(10)   Code of Conduct for negotiating in the context of the ordinary legislative procedures.

(1a)   OJ C 373, 20.12.2013, p. 1.

(11)  See Annex V.

(11)  See Annex V.

(12)  Interinstitutional Agreement of 20 December 1994, Accelerated working method for official codification of legislative texts, point 4 (OJ C 102, 4.4.1996, p. 2).

(12)  Interinstitutional Agreement of 20 December 1994, Accelerated working method for official codification of legislative texts, point 4 (OJ C 102, 4.4.1996, p. 2).

(13)  Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts, point 9 (OJ C 77, 28.3.2002, p. 1).

(13)  Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts, point 9 (OJ C 77, 28.3.2002, p. 1).

(14)   See also interpretation of Rule 141.

(15)   See Annex XIV.

(1a)   OJ L 277, 19.9.2014, p. 11.

(16)   See Annex XVI.

(17)   See Annex II.

(18)  See Annex III.

(18)  See Annex III.

(1a)   See Annex III.

(1a)   See Annex III.

(19)  See Annex III.

(19)  See Annex III.

(20)  Extended by Parliament's decision of 26 February 2014.

(20)  Extended by Parliament's decision of 26 February 2014.

(21)   See Annex XV.

(22)  See Annex VI.

(22)  See Annex VI.

(23)   See Annex VIII.

(24)   See Annex XIII.

(25)   See Annex X.

(1a)   Rule 223a as inserted shall only apply to European political parties and European political foundations within the meaning of Article 2 (3) and (4) of Regulation (EU, Euratom) No 1141/2014. Rule 224 in its current wording shall remain applicable as regards acts and commitments relating to the funding of political parties and political foundations at European level for the 2014, 2015, 2016 and 2017 budget years, which, pursuant to Article 40 of Regulation (EU, Euratom) No 1141/2014 remain governed by Regulation (EC) No 2004/2003 of the European Parliament and of the Council on the regulations governing political parties at European level and the rules regarding their funding. Rule 225 in its current wording shall remain applicable to political parties and political foundations at European level within the meaning of Article 2 of Regulation (EC) No 2004/2003, for as long as they receive funding for the 2014, 2015, 2016 and 2017 budget years in application of that latter regulation.

(1a)   See Bureau Decision of 12 September 2016 on the implementation of the Inter-Institutional Agreement on the Transparency Register.

(26)  Bureau Decision of 12 April 1999.

(26)  Bureau Decision of 12 April 1999 on facilities granted to former Members of the European Parliament .


Wednesday 14 December 2016

6.7.2018   

EN

Official Journal of the European Union

C 238/393


P8_TA(2016)0488

Insolvency proceedings and insolvency practitioners ***I

European Parliament legislative resolution of 14 December 2016 on the proposal for a regulation of the European Parliament and of the Council replacing the lists of insolvency proceedings and insolvency practitioners in Annexes A and B to Regulation (EU) 2015/848 on insolvency proceedings (COM(2016)0317 — C8-0196/2016 — 2016/0159(COD))

(Ordinary legislative procedure: first reading)

(2018/C 238/20)

The European Parliament,

having regard to the Commission proposal to Parliament and the Council (COM(2016)0317),

having regard to Article 294(2) and Article 81 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0196/2016),

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

having regard to the undertaking given by the Council representative by letter of 17 November 2016 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 59 of its Rules of Procedure,

having regard to the report of the Committee on Legal Affairs (A8-0324/2016),

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;

3.

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

P8_TC1-COD(2016)0159

Position of the European Parliament adopted at first reading on 14 December 2016 with a view to the adoption of Regulation (EU) 2017/… of the European Parliament and of the Council replacing Annexes A and B to Regulation (EU) 2015/848 on insolvency proceedings

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2017/353.)


6.7.2018   

EN

Official Journal of the European Union

C 238/394


P8_TA(2016)0489

EC-Uzbekistan Partnership and Cooperation Agreement and bilateral trade in textiles ***

European Parliament legislative resolution of 14 December 2016 on the draft Council decision on the conclusion of a Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Uzbekistan, of the other part, amending the Agreement in order to extend the provisions of the Agreement to bilateral trade in textiles, taking account of the expiry of the bilateral textiles Agreement (16384/1/2010 — C7-0097/2011 — 2010/0323(NLE))

(Consent)

(2018/C 238/21)

The European Parliament,

having regard to the draft Council decision (16384/1/2010),

having regard to the draft Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Uzbekistan, of the other part, amending the Agreement in order to extend the provisions of the Agreement to bilateral trade in textiles, taking account of the expiry of the bilateral textiles Agreement (16388/2010),

having regard to the request for consent submitted by the Council in accordance with Article 207 and Article 218(6), second subparagraph, point (a)(v), of the Treaty on the Functioning of the European Union (C7-0097/2011),

having regard to its interim resolution of 15 December 2011 (1) on the draft Council decision,

having regard to its non-legislative resolution of 14 December 2016 (2) on the draft Council decision,

having regard to Rule 99(1), first and third subparagraphs, Rule 99(2), and Rule 108(7) of its Rules of Procedure,

having regard to the recommendation of the Committee on International Trade and the opinion of the Committee on Foreign Affairs (A8-0332/2016),

1.

Gives its consent to the conclusion of the Protocol;

2.

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

(1)  OJ C 168 E, 14.6.2013, p. 195.

(2)  Texts adopted, P8_TA(2016)0490.


6.7.2018   

EN

Official Journal of the European Union

C 238/395


P8_TA(2016)0491

EU-Colombia and Peru Trade Agreement (accession of Ecuador)***

European Parliament legislative resolution of 14 December 2016 on the draft Council decision on the conclusion, on behalf of the Union, of the Protocol of Accession to the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part, to take account of the accession of Ecuador (07620/2016 — C8-0463/2016 — 2016/0092(NLE))

(Consent)

(2018/C 238/22)

The European Parliament,

having regard to the draft Council decision (07620/2016),

having regard to the draft Protocol of Accession to the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part, to take account of the accession of Ecuador (07621/2016),

having regard to the request for consent submitted by the Council in accordance with Articles 91, 100(2), 207(4), first subparagraph, and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C8-0463/2016),

having regard to Rule 99(1), first and third subparagraphs, Rule 99(2), and Rule 108(7) of its Rules of Procedure,

having regard to the recommendation of the Committee on International Trade and the opinion of the Committee on Foreign Affairs (A8-0362/2016),

1.

Gives its consent to conclusion of the protocol;

2.

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

6.7.2018   

EN

Official Journal of the European Union

C 238/396


P8_TA(2016)0492

EU-Norway Agreement on reciprocal access to fishing in the Skagerrak ***

European Parliament legislative resolution of 14 December 2016 on the draft Council decision on the conclusion of the Agreement between the European Union and the Kingdom of Norway on reciprocal access to fishing in the Skagerrak for vessels flying the flag of Denmark, Norway and Sweden (10711/2016 — C8-0332/2016 — 2016/0192(NLE))

(Consent)

(2018/C 238/23)

The European Parliament,

having regard to the draft Council decision (10711/2016),

having regard to the draft Agreement between the European Union and the Kingdom of Norway on reciprocal access to fishing in the Skagerrak for vessels flying the flag of Denmark, Norway and Sweden (11692/2014),

having regard to the request for consent submitted by the Council in accordance with Article 43(2) and Article 218(6), second subparagraph, point (a) (v), of the Treaty on the Functioning of the European Union (C8-0332/2016),

having regard to its non-legislative resolution of 14 December 2016 (1) on the draft Council decision,

having regard to Rule 99(1), first and third subparagraphs, Rule 99(2), and Rule 108(7) of its Rules of Procedure,

having regard to the recommendation of the Committee on Fisheries (A8-0321/2016),

1.

Gives its consent 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 Kingdom of Norway.

(1)  Texts adopted, P8_TA(2016)0493.


6.7.2018   

EN

Official Journal of the European Union

C 238/397


P8_TA(2016)0494

Agreement on Operational and Strategic Cooperation between Georgia and Europol *

European Parliament legislative resolution of 14 December 2016 on the draft Council implementing decision approving the conclusion by the European Police Office (Europol) of the Agreement on Operational and Strategic Cooperation between Georgia and Europol (10343/2016 — C8-0266/2016 — 2016/0810(CNS))

(Consultation)

(2018/C 238/24)

The European Parliament,

having regard to the Council draft (10343/2016),

having regard to Article 39(1) of the Treaty on European Union, as amended by the Treaty of Amsterdam, and Article 9 of Protocol No 36 on transitional provisions, pursuant to which the Council consulted Parliament (C8-0266/2016),

having regard to Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol) (1), and in particular Article 23(2) thereof,

having regard to Council Decision 2009/934/JHA of 30 November 2009 adopting the implementing rules governing Europol’s relations with partners, including the exchange of personal data and classified information (2), and in particular Articles 5 and 6 thereof,

having regard to Council Decision 2009/935/JHA of 30 November 2009 determining the list of third States and organisations with which Europol shall conclude agreements (3),

having regard to Rule 59 of its Rules of Procedure,

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A8-0343/2016),

1.

Approves the Council draft;

2.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

3.

Asks the Council to consult Parliament again if it intends to substantially amend the text approved by Parliament;

4.

Calls on the Commission to assess, after the date of application of the new Europol Regulation (4), the provisions contained in the cooperation agreement; calls on the Commission to inform Parliament and the Council of the outcome of that assessment and, if appropriate, to submit a recommendation for an authorisation to open the international renegotiation of the agreement;

5.

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

(1)  OJ L 121, 15.5.2009, p. 37.

(2)  OJ L 325, 11.12.2009, p. 6.

(3)  OJ L 325, 11.12.2009, p. 12.

(4)  Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53).


6.7.2018   

EN

Official Journal of the European Union

C 238/398


P8_TA(2016)0495

Mobilisation of the European Globalisation Adjustment Fund: application EGF/2016/004 ES/Comunidad Valenciana automotive

European Parliament resolution of 14 December 2016 on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the European Globalisation Adjustment Fund (application from Spain — EGF/2016/004 ES/Comunidad Valenciana automotive) (COM(2016)0708 — C8-0454/2016 — 2016/2298(BUD))

(2018/C 238/25)

The European Parliament,

having regard to the Commission proposal to the European Parliament and the Council (COM(2016)0708 — C8-0454/2016),

having regard to Regulation (EU) No 1309/2013 of the European Parliament and of the Council of 17 December 2013 on the European Globalisation Adjustment Fund (2014-2020) and repealing Regulation (EC) No 1927/2006 (1) (EGF Regulation),

having regard to Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (2), and in particular Article 12 thereof,

having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (3) (IIA of 2 December 2013), and in particular point 13 thereof,

having regard to the trilogue procedure provided for in point 13 of the IIA of 2 December 2013,

having regard to the letter of the Committee on Employment and Social Affairs,

having regard to the letter of the Committee on Regional Development,

having regard to the report of the Committee on Budgets (A8-0379/2016),

A.

whereas the Union has set up legislative and budgetary instruments to provide additional support to workers who are suffering from the consequences of major structural changes in world trade patterns or of the global financial and economic crisis and to assist their reintegration into the labour market;

B.

whereas the Union’s financial assistance to workers made redundant should be dynamic and made available as quickly and efficiently as possible, in accordance with the Joint Declaration of the European Parliament, the Council and the Commission adopted during the conciliation meeting on 17 July 2008, and having due regard to the IIA of 2 December 2013 in respect of the adoption of decisions to mobilise the European Globalisation Adjustment Fund (EGF);

C.

whereas the adoption of the EGF Regulation reflects the agreement reached between Parliament and the Council to reintroduce the crisis mobilisation criterion, to set the Union financial contribution to 60 % of the total estimated cost of proposed measures, to increase efficiency for the treatment of EGF applications in the Commission and by the Parliament and the Council by shortening the time for assessment and approval, to widen eligible actions and beneficiaries by introducing self-employed persons and young people and to finance incentives for setting up own businesses;

D.

whereas Spain submitted application EGF/2016/004 ES/Comunidad Valenciana automotive for a financial contribution from the EGF, following redundancies in the economic sector classified under the NACE Revision 2 Division 29 (Manufacture of motor vehicles, trailers and semi-trailers) mainly in the NUTS level 2 region of Comunidad Valenciana (ES52) and whereas 250 redundant workers eligible for the EGF contribution are expected to participate in the measures;

E.

whereas the application was submitted under the intervention criteria set out in Article 4(2) of the EGF Regulation, derogating from the criteria set out in point (b) of Article 4(1) of that Regulation which requires that at least 500 workers be made redundant over a reference period of nine months in enterprises operating in the same economic sector defined at NACE Revision 2 Division and located in one region or two contiguous regions defined at NUTS 2 level in a Member State;

F.

whereas the EU-27 faced a production decline for motor vehicles of 0,5 million units in 2015 compared to 2006 (from 18,7 million units in 2006 to 18,2 million units in 2015) while global production increased by 31,1 % (from 69,2 million units in 2006 to 90,9 million units in 2015) (4), notably in China as well as other South-East Asian economies;

1.

Agrees with the Commission that the conditions set out in Article 4(2) of the EGF Regulation are met and that, therefore, Spain is entitled to a financial contribution of EUR 856 800 under that Regulation, which represents 60 % of the total cost of EUR 1 428 000, for reintegration into the labour market of 250 workers made redundant;

2.

Considers that the provision of support to former employees of small and medium-sized enterprises also justifies the approval of an application concerning fewer than 500 redundancies;

3.

Notes that Spain submitted the application for a financial contribution from the EGF on 21 June 2016, and that the assessment of that application was finalised by the Commission on 8 November 2016 and notified to Parliament that same day;

4.

Notes that the manufacture of motor vehicles, trailers and semi-trailers sector has been the subject of 23 EGF applications, 13 of which were based on trade related globalisation (5) and 10 on the global financial and economic crisis (6); notes that 3 of those EGF applications were from Spain (EGF/2008/002 ES Delphi, EGF/2008/004 ES Castilla y León and Aragón and EGF/2010/002 ES Cataluña automotive);

5.

Notes that the decrease in the Union market share of the automotive industry is part of a longer-term trend, as has been stated by the Commission in its assessments of previous EGF automotive cases based on trade related globalisation, with the Union losing almost half of its market share between 2000 and 2015;

6.

Points out that, in Spain, the decline in car production triggered a reduction in both enterprises and jobs and that in Comunidad Valenciana 62 of a total of 187 automotive enterprises stopped their activities in the period 2008 — 2014, representing a decline of 33,16 %;

7.

Notes that Bosal S.A. started operations in 1986 when the Sagunto area was declared a ‘Preferential Reindustrialization Area’ following redundancies in the local blast furnace; notes that the bankruptcy and closure of Bosal S.A. caused the loss of 250 jobs in the town of Sagunto, representing a relatively large number of jobs in that town, and has a serious impact on the local and regional economy, in particular considering the specific characteristics of a small town in a rural area which has seriously suffered from the economic crisis as well as the consequences of the globalisation process in the automotive sector; recalls that the unemployment rate in Comunidad Valenciana is still 20,17 % (7), although employment has shown signs of recovery;

8.

Regrets the increase in the number of unemployed persons in Sagunto between 2007 (2 778) and 2015 (6 437) and the unemployment rate of 25,8 % that further aggravates the already fragile situation in the area;

9.

Underlines that of the total number of redundant workers concerned by this application, 71 % are over 45 years old, 78 % had been employed by the same enterprise for at least 15 consecutive years and 50 % have no educational qualifications; notes, in addition, that there have been no recent plant openings in the area; points out that all those circumstances make the redundant workers highly vulnerable in a context of insufficient job creation, increasing the difficulties in finding new employment;

10.

Notes that Spain is planning 12 different actions, of which 6 are personalised services, such as information sessions, occupational guidance, job placement or promotion of entrepreneurship, and 6 are allowances and incentives for redundant workers covered by this application, such as contributions to commuting expenses and change of residence, or hiring benefits; points out that those actions constitute active labour market measures;

11.

Welcomes Spain’s decision to offer training measures focused on vocational licensing, such as that required for passenger transport, and on sectors or areas where opportunities exist or will arise, such as the food sector, cooking, occupational risk prevention and quality control and environmental standards, heating, ventilation and air conditioning projects and the maintenance of industrial equipment; endorses the offer of training in skills that contribute to better job performance such as information and communications technology, foreign languages and business management;

12.

Welcomes the willingness of the representatives of the former workers of Bosal S:A (the enterprise which made the majority of the workers concerned by this application redundant) to support an application for EGF funding and their involvement in designing the measures to be offered to redundant workers; notes that the social partners, the relevant employer's association and the local authorities of Sagunto were also involved in this process;

13.

Notes that the income support measures will be less than 25 % of the overall package of personalised measures, well below the maximum of 35 % set out in the EGF Regulation and that those actions are conditional on the active participation of the targeted beneficiaries in job-search or training activities;

14.

Recalls that, in line with Article 7 of the EGF Regulation, the design of the coordinated package of personalised services supported by the EGF should anticipate future labour market perspectives and required skills and should be compatible with the shift towards a resource-efficient and sustainable economy;

15.

Notes that Spain confirms that the eligible actions do not receive assistance from other Union financial instruments; reiterates its call to the Commission to present a comparative evaluation of those data in its annual reports in order to ensure full respect for existing regulations and that no duplication of Union-funded services can occur;

16.

Recalls the importance of improving the employability of all workers by means of adapted training and the recognition of skills and competences gained throughout a worker's professional career; expects the training on offer in the coordinated package to be adapted not only to the needs of the dismissed workers but also to the actual business environment;

17.

Believes that more widespread use of the derogation from the eligibility thresholds particularly to benefit SMEs employees, extension of the reference periods and the possibility of including workers who have been providing related services to the reference company, should be assessed carefully, case by case, seeking in every way to limit distorted use of the EGF budget; agrees therefore with the Commission decision to grant help to 250 workers from 29 enterprises in the Comunidad Valenciana region;

18.

Reiterates that assistance from the EGF must not replace actions which are the responsibility of companies by virtue of national law or collective agreements nor of measures for restructuring companies or sectors;

19.

Asks the Commission to ensure public access to the documents related to EGF cases;

20.

Approves the decision annexed to this resolution;

21.

Instructs its President to sign the decision with the President of the Council and arrange for its publication in the Official Journal of the European Union;

22.

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

(1)  OJ L 347, 20.12.2013, p. 855.

(2)  OJ L 347, 20.12.2013, p. 884.

(3)  OJ C 373, 20.12.2013, p. 1.

(4)  OICA data base: http://www.oica.net/category/production-statistics/

(5)  EGF/2016/004 ES Comunidad Valenciana automotive industry, COM(2016)0708; EGF/2007/001 FR PSA suppliers. COM(2007)0415; EGF/2007/010 PT Lisboa Alentejo. COM(2008)0094; EGF/2008/002 ES Delphi. COM(2008)0547; EGF/2008/004 ES Castilla y León Aragón. COM(2009)0150; EGF/2009/013 DE Karmann. COM(2010)0007; EGF/2012/005 SE Saab, COM(2012)0622; EGF/2012/008 IT De Tomaso; COM(2013)0469; EGF/2013/006 PL Fiat Auto Poland, COM(2014)0699; EGF/2013/012 BE Ford Genk, COM(2014)0532; EGF/2014/006 FR PSA, COM(2014)0560; EGF/2015/003 BE Ford Genk, COM(2015)0336 and EGF/2015/009 SE Volvo Trucks, COM(2016)0061

(6)  EGF/2009/007 SE Volvo, COM(2009)0602 EGF/2009/009 AT Steiermark, COM(2009)0602; EGF/2009/019 FR Renault, COM(2011)0420; EGF/2010/002 ES Cataluña automotive, COM(2010)0453; EGF/2010/004 PL Wielkopolskie, COM(2010)0616; EGF/2010/015 FR Peugeot, COM(2012)0461; EGF/2010/031 BE General Motors Belgium, COM(2011)0212; EGF/2011/003 DE Arnsberg and Düsseldorf automotive, COM(2011)0447; EGF/2011/005 PT Norte-Centro automotive, COM(2011)0664; and EGF/2015/002 DE Adam Opel, COM(2015)0342.

(7)  EPA Q3 2016. http://www.ine.es/infografias/tasasepa/desktop/tasas.html?t=0&lang=es


ANNEX

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the mobilisation of the European Globalisation Adjustment Fund following an application from Spain — EGF/2016/004 ES/Comunidad Valenciana automotive

(The text of this annex is not reproduced here since it corresponds to the final act, Decision (EU) 2017/341.)


6.7.2018   

EN

Official Journal of the European Union

C 238/403


P8_TA(2016)0496

Normalisation of the accounts of railway undertakings ***II

European Parliament legislative resolution of 14 December 2016 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council repealing Regulation (EEC) No 1192/69 of the Council on common rules for the normalisation of the accounts of railway undertakings (11197/1/2016 — C8-0424/2016 — 2013/0013(COD))

(Ordinary legislative procedure: second reading)

(2018/C 238/26)

The European Parliament,

having regard to the Council position at first reading (11197/1/2016 — C8-0424/2016),

having regard to the opinion of the European Economic and Social Committee of 11 July 2013 (1),

having regard to the opinion of the Committee of the Regions of 8 October 2013 (2),

having regard to its position at first reading (3) on the Commission proposal to Parliament and the Council (COM(2013)0026),

having regard to Article 294(7) of the Treaty on the Functioning of the European Union,

having regard to Rule 76 of its Rules of Procedure,

having regard to the recommendation for second reading of the Committee on Transport and Tourism (A8-0368/2016),

1.

Approves the Council position at first reading;

2.

Notes that the act is adopted in accordance with the Council position;

3.

Instructs its President to sign the act with the President of the Council, in accordance with Article 297(1) of the Treaty on the Functioning of the European Union;

4.

Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication in the Official Journal of the European Union;

5.

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

(1)  OJ C 327, 12.11.2013, p. 122.

(2)  OJ C 356, 5.12.2013, p. 92.

(3)  Texts adopted of 26.2.2014, P7_TA(2014)0152.


6.7.2018   

EN

Official Journal of the European Union

C 238/404


P8_TA(2016)0497

Domestic passenger transport services by rail ***II

European Parliament legislative resolution of 14 December 2016 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council amending Regulation (EC) No 1370/2007 concerning the opening of the market for domestic passenger transport services by rail (11198/1/2016 — C8-0425/2016 — 2013/0028(COD))

(Ordinary legislative procedure: second reading)

(2018/C 238/27)

The European Parliament,

having regard to the Council position at first reading (11198/1/2016 — C8-0425/2016),

having regard to the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Lithuanian Parliament, the Luxembourg Chamber of Deputies, the Netherlands Senate and the Netherlands House of Representatives, the Austrian Federal Council and 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 Economic and Social Committee of 11 July 2013 (1),

having regard to the opinion of the Committee of the Regions of 8 October 2013 (2),

having regard to its position at first reading (3) on the Commission proposal to Parliament and the Council (COM(2013)0028),

having regard to Article 294(7) of the Treaty on the Functioning of the European Union,

having regard to Rule 76 of its Rules of Procedure,

having regard to the recommendation for second reading of the Committee on Transport and Tourism (A8-0373/2016),

1.

Approves the Council position at first reading;

2.

Approves the statement annexed to this resolution;

3.

Notes that the act is adopted in accordance with the Council position;

4.

Suggests that the act be cited as ‘the van de Camp-Dijksma Regulation on the opening of the market for domestic passenger transport services by rail’ (4);

5.

Instructs its President to sign the act with the President of the Council, in accordance with Article 297(1) of the Treaty on the Functioning of the European Union;

6.

Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication in the Official Journal of the European Union;

7.

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

(1)  OJ C 327, 12.11.2013, p. 122.

(2)  OJ C 356, 5.12.2013, p. 92.

(3)  Texts adopted of 26.2.2014, P7_TA(2014)0148.

(4)  Wim van de Camp and Sharon Dijksma led the negotiations on the act on behalf of Parliament and the Council respectively.


ANNEX TO THE LEGISLATIVE RESOLUTION

Statement by the European Parliament on the transfer of staff

According to Recital 14 and Article 4, paragraphs 4a, 4b and 6, Member States must fully respect Directive 2001/23/EC relating to the safeguarding of employees' rights in the event of transfers of undertakings and are entitled to go beyond the application of this Directive taking additional measures for staff protection in compliance with Union law, such as requiring a mandatory transfer of staff even if Directive 2001/23/EC would not apply.


6.7.2018   

EN

Official Journal of the European Union

C 238/406


P8_TA(2016)0498

Single European railway area ***II

European Parliament legislative resolution of 14 December 2016 on the Council position at first reading with a view to the adoption of a directive of the European Parliament and of the Council amending Directive 2012/34/EU as regards the opening of the market for domestic passenger transport services by rail and the governance of the railway infrastructure (11199/1/2016 – C8-0426/2016 — 2013/0029(COD))

(Ordinary legislative procedure: second reading)

(2018/C 238/28)

The European Parliament,

having regard to the Council position at first reading (11199/1/2016 — C8-0426/2016),

having regard to the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the French Senate, the Lithuanian Parliament, the Luxembourg Chamber of Deputies, the Netherlands Senate, the Netherlands House of Representatives and 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 Economic and Social Committee of 11 July 2013 (1),

having regard to the opinion of the Committee of the Regions of 8 October 2013 (2),

having regard to its position at first reading (3) on the Commission proposal to Parliament and the Council (COM(2013)0029),

having regard to Article 294(7) of the Treaty on the Functioning of the European Union,

having regard to Rule 76 of its Rules of Procedure,

having regard to the recommendation for second reading of the Committee on Transport and Tourism (A8-0371/2016),

1.

Approves the Council position at first reading;

2.

Notes that the act is adopted in accordance with the Council position;

3.

Suggests that the act be cited as ‘the Sassoli-Dijksma Directive on the opening of the market for domestic passenger transport services by rail and the governance of the railway infrastructure’ (4);

4.

Instructs its President to sign the act with the President of the Council, in accordance with Article 297(1) of the Treaty on the Functioning of the European Union;

5.

Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication in the Official Journal of the European Union;

6.

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

(1)  OJ C 327, 12.11.2013, p. 122.

(2)  OJ C 356, 5.12.2013, p. 92.

(3)  Texts adopted, P7_TA(2014)0147.

(4)  David-Maria Sassoli and Sharon Dijksma led the negotiations on the act on behalf of Parliament and the Council respectively.


6.7.2018   

EN

Official Journal of the European Union

C 238/407


P8_TA(2016)0499

Market access to port services and financial transparency of ports ***I

European Parliament legislative resolution of 14 December 2016 on the proposal for a regulation of the European Parliament and of the Council establishing a framework on market access to port services and financial transparency of ports (COM(2013)0296 — C7-0144/2013 — 2013/0157(COD))

(Ordinary legislative procedure: first reading)

(2018/C 238/29)

The European Parliament,

having regard to the Commission proposal to Parliament and the Council (COM(2013)0296),

having regard to Article 294(2) and Article 100(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0144/2013),

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 Spanish Congress of Deputies and the Spanish Senate, the French National Assembly, the Italian Senate, the Latvian Parliament, the Maltese Parliament, the Polish Sejm, and 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 Economic and Social Committee of 11 July 2013 (1),

having regard to the opinion of the Committee of the Regions of 28 November 2013 (2),

having regard to the undertaking given by the Council representative by letter of 5 October 2016 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 59 of its Rules of Procedure,

having regard to the report of the Committee on Transport and Tourism (A8-0023/2016),

1.

Adopts its position at first reading hereinafter set out (3);

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.

Suggests that the act be cited as ‘the Fleckenstein-Schultz van Haegen Regulation establishing a framework for the provision of port services and common rules on the financial transparency of ports’ (4);

4.

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

(1)  OJ C 327, 12.11.2013, p. 111.

(2)  OJ C 114, 15.4.2014, p. 57.

(3)  This position replaces the amendments adopted on 8 March 2016 (Texts adopted P8_TA(2016)0069).

(4)  Knut Fleckenstein and Melanie Schultz van Haegen led the negotiations on the act on behalf of Parliament and the Council respectively.


P8_TC1-COD(2013)0157

Position of the European Parliament adopted at first reading on 14 December 2016 with a view to the adoption of Regulation (EU) 2017/… of the European Parliament and of the Council establishing a framework for the provision of port services and common rules on the financial transparency of ports

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2017/352.)


6.7.2018   

EN

Official Journal of the European Union

C 238/409


P8_TA(2016)0500

Nomination of a Member of the Court of Auditors — Juhan Parts

European Parliament decision of 14 December 2016 on the nomination of Juhan Parts as a Member of the Court of Auditors (C8-0445/2016 — 2016/0817(NLE))

(Consultation)

(2018/C 238/30)

The European Parliament,

having regard to Article 286(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C8-0445/2016),

having regard to Rule 121 of its Rules of Procedure,

having regard to the report of the Committee on Budgetary Control (A8-0375/2016),

A.

whereas Parliament’s Committee on Budgetary Control proceeded to evaluate the credentials of the nominee, in particular in view of the requirements laid down in Article 286(1) of the Treaty on the Functioning of the European Union;

B.

whereas at its meeting of 5 December 2016 the Committee on Budgetary Control heard the Council’s nominee for membership of the Court of Auditors;

1.

Delivers a favourable opinion on the Council’s nomination of Juhan Parts as a Member of the Court of Auditors;

2.

Instructs its President to forward this decision to the Council and, for information, the Court of Auditors, the other institutions of the European Union and the audit institutions of the Member States.

6.7.2018   

EN

Official Journal of the European Union

C 238/410


P8_TA(2016)0501

Research programme of the Research Fund for Coal and Steel *

European Parliament legislative resolution of 14 December 2016 on the proposal for a Council decision amending Decision 2008/376/EC on the adoption of the Research Programme of the Research Fund for Coal and Steel and on the multiannual technical guidelines for this programme (COM(2016)0075 — C8-0099/2016 — 2016/0047(NLE))

(Consultation)

(2018/C 238/31)

The European Parliament,

having regard to the Commission proposal to the Council (COM(2016)0075),

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

having regard to the second paragraph of Article 2 of Protocol No 37 on the financial consequences of the expiry of the ECSC Treaty and on the Research Fund for Coal and Steel, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C8-0099/2016),

having regard to Rule 59 of its Rules of Procedure,

having regard to the report of the Committee on Industry, Research and Energy (A8-0358/2016),

1.

Approves the Commission proposal as amended;

2.

Calls on the Commission to alter its proposal accordingly, in accordance with Article 293(2) of the Treaty on the Functioning of the European Union and Article 106a of the Treaty establishing the European Atomic Energy Community;

3.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

4.

Asks the Council to consult Parliament again if it intends to substantially amend the Commission proposal;

5.

Instructs its President to forward its position to the Council and the Commission.

Amendment 1

Proposal for a decision

Recital 3

Text proposed by the Commission

Amendment

(3)

It is necessary to revise the rules on the competencies and on the composition of the Advisory Groups and of the Technical Groups, notably as regards the nature of the experts appointed by the Commission to ensure increased transparency as well as compliance and coherence with the framework for Commission expert groups, and contribute, as far as possible, to a balanced representation of relevant areas of expertise and areas of interest as well as to an optimal gender balance.

(3)

It is necessary to revise the rules on the competencies and on the composition of the Advisory Groups and of the Technical Groups to make the relevant stakeholders aware of the deliberations in these groups , notably as regards the nature of and influence exerted by the experts appointed by the Commission, to ensure increased transparency as well as compliance and coherence with the framework for the Commission expert groups, and to contribute, as far as possible, to a balanced representation of relevant areas of expertise and areas of interest as well as to an optimal gender balance. It is, however, necessary to respect the Commission’s decision of 30 May 2016 on establishing horizontal rules on the creation and operation of Commission expert groups and a European Parliament resolution on the control of the register and composition of the Commission’s expert groups.

Amendment 2

Proposal for a decision

Recital 4

Text proposed by the Commission

Amendment

(4)

It is appropriate to consider simpler funding rules to ease the participation of small and medium-sized enterprises (SME) in the RFCS Programme and to permit the use of ‘unit costs’ to calculate eligible staff costs for SME owners and other natural persons not receiving a salary.

(4)

It is appropriate to support the overall participation of small and medium-sized enterprises (SME) in the RFCS Programme by, inter alia, simplifying the rules and to permit the use of ‘unit costs’ to calculate eligible staff costs for SME owners and other natural persons not receiving a salary.

Amendment 3

Proposal for a decision

Recital 5 a new

Text proposed by the Commission

Amendment

 

(5a)

The coal and steel sectors are important in the process of European integration and have a key role in the Union's overall industrial landscape. At the same time, the working conditions in those sectors are demanding and have often resulted in damage to the health of workers and citizens. Installations and companies should therefore respect all legal requirements on social responsibility, bring definitive solutions, and minimise the social implications of transition or closure of installations. The social partners need to be consulted to the extent possible on issues relating to social responsibility.

Amendment 16

Proposal for a decision

Article 1 — point - 1 (new)

Decision 2008/376/EC

Article 3 — point 1 — point g

Text proposed by the Commission

Amendment

 

(-1)

Point (g) of point 1 of Article 3 is deleted;

Amendment 4

Proposal for a decision

Article 1 — point - 1 a (new)

Decision 2008/376/EC

Article 6 — paragraph 2 — point g a (new)

Text proposed by the Commission

Amendment

 

(-1a)

In Article 6(2), the following point is added:

‘(ga)

the impact on the employment of workers and on the local community of mining operations;’

Amendment 5

Proposal for a decision

Article 1 — point - 1 b (new)

Decision 2008/376/EC

Article 6 — paragraph 2 — point g b (new)

Text proposed by the Commission

Amendment

 

(-1b)

In Article 6(2), the following point is added:

‘(gb)

the impact on the health and safety of workers and of the local community of mining operations.’

Amendment 20

Proposal for a decision

Article 1 — point - 1 c (new)

Decision 2008/376/EC

Article 8 — introductory part

Present text

Amendment

 

(-1c)

In Article 8, the introductory part is replaced by the following:

‘Research and technological development (RTD) shall aim toimprove steel production processes with a view to enhancing product quality and increasing productivity. Reducing emissions, energy consumption and the environmental impact as well as enhancing the use of raw materials and the conservation of resources shall form an integral part of the improvements sought. Research projects shall address one or more of the following areas:’

‘Research and technological development (RTD) shall aim to improve steel production processes with a view to enhancing product quality and increasing productivity. Reducing emissions, energy consumption and the environmental impact as well as enhancing the use of raw materials and the conservation of resources shall form an integral part of the improvements sought. Research projects shall address ground-breaking technologies in one or more of the following areas:’

Amendment 6

Proposal for a decision

Article 1 — point 1

Decision 2008/376/EC

Article 21 — point i a (new)

Text proposed by the Commission

Amendment

 

(ia)

assessment of finalised projects of coal and steel production in the areas concerned;

Amendment 7

Proposal for a decision

Article 1 — point 2

Decision 2008/376/EC

Article 22 — paragraph 1 — subparagraph 1

Text proposed by the Commission

Amendment

Each Advisory Group shall be composed in accordance with the tables set out in the Annex. Members of the Advisory Groups shall be individuals appointed by the Director General of Directorate General for Research and Innovation to represent a common interest shared by stakeholders. They shall not represent an individual stakeholder, but shall express an opinion common to the different stakeholder organisations.

Each Advisory Group shall be composed in accordance with the tables set out in the Annex. Members of the Advisory Groups shall be individuals appointed by the Director General of the Commission’s Directorate General for Research and Innovation to represent a common interest shared by stakeholders. They shall act individually and shall not represent an individual stakeholder, but shall express an opinion common to the different stakeholder organisations.

Amendment 8

Proposal for a decision

Article 1 — point 2

Decision 2008/376/EC

Article 22 — paragraph 2 — subparagraph 2

Text proposed by the Commission

Amendment

They shall be active in the field concerned and be aware of the industrial priorities.

They shall be active in the field concerned and be aware of the industrial and sectoral priorities.

Amendment 9

Proposal for a decision

Article 1 — point 3

Decision 2008/376/EC

Article 24 — paragraph 1 — subparagraph 2

Text proposed by the Commission

Amendment

Members of the Technical Groups shall be appointed in their personal capacity by the Director General of Directorate General for Research and Innovation.

Members of the Technical Groups shall be appointed in their personal capacity by the Director General of the Commission’s Directorate General for Research and Innovation.

Amendment 15

Proposal for a decision

Article 1 — point 3

Decision 2008/376/EC

Article 24 — paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

3a.     The Commission is urged to provide the maximum transparency possible, including publication of the agenda, background documents, voting records and detailed minutes, including dissenting opinions in line with the recommendation of the European Ombudsman;

Amendment 10

Proposal for a decision

Article 1 — point 9

Decision 2008/376/EC

Article 39

Text proposed by the Commission

Amendment

For the appointment of independent and highly qualified experts referred to in Article 18, Article 28(2) and Article 38, the provisions set out in Article 40 of Regulation (EU) No 1290/2013 (*1) shall apply by analogy.

For the appointment of independent and highly qualified experts referred to in Article 18, Article 28(2) and Article 38, the provisions set out in Article 40 of Regulation (EU) No 1290/2013 of the European Parliament and of the Council  (*2) shall apply by analogy together with, for expert groups as a whole, the Commission Decision of 30 May 2016 on establishing horizontal rules on the creation and operation of Commission expert groups and a European Parliament resolution on control of the register and composition of the Commission’s expert groups .


(*1)  Regulation (EU) No 1290/2013 of the European Parliament and of the Council of 11 December 2013 laying down the rules for participation and dissemination in ‘Horizon 2020 — the Framework Programme for Research and Innovation (2014-2020)’ and repealing Regulation (EC) No 1906/2006 (OJ L 347, 20.12.2013, p. 81).";

(*2)  Regulation (EU) No 1290/2013 of the European Parliament and of the Council of 11 December 2013 laying down the rules for participation and dissemination in ‘Horizon 2020 — the Framework Programme for Research and Innovation (2014-2020)’ and repealing Regulation (EC) No 1906/2006 (OJ L 347, 20.12.2013, p. 81).";


Thursday 15 December 2016

6.7.2018   

EN

Official Journal of the European Union

C 238/416


P8_TA(2016)0508

Third countries whose nationals are subject to or exempt from a visa requirement: revision of the suspension mechanism ***I

European Parliament legislative resolution of 15 December 2016 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (revision of the suspension mechanism) (COM(2016)0290 — C8-0176/2016 — 2016/0142(COD))

(Ordinary legislative procedure: first reading)

(2018/C 238/32)

The European Parliament,

having regard to the Commission proposal to Parliament and the Council (COM(2016)0290),

having regard to Article 294(2) and Article 77(2)(a) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0176/2016),

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

having regard to the undertaking given by the Council representative by letter of 7 December 2016 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 59 of its Rules of Procedure,

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A8-0235/2016),

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;

3.

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

P8_TC1-COD(2016)0142

Position of the European Parliament adopted at first reading on 15 December 2016 with a view to the adoption of Regulation (EU) 2017/… of the European Parliament and of the Council amending Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (revision of the suspension mechanism)

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2017/371.)