ISSN 1977-091X

Official Journal

of the European Union

C 224

European flag  

English edition

Information and Notices

Volume 65
8 June 2022


Contents

page

 

 

EUROPEAN PARLIAMENT
2021–2022 SESSION
Sittings of 22 to 25 November 2021
TEXTS ADOPTED

1


 

I   Resolutions, recommendations and opinions

 

RESOLUTIONS

 

European Parliament

 

Tuesday 23 November 2021

2022/C 224/01

European Parliament resolution of 23 November 2021 on EU sports policy: assessment and possible ways forward (2021/2058(INI))

2

2022/C 224/02

European Parliament resolution of 23 November 2021 with recommendations to the Commission on digitalisation of the European reporting, monitoring and audit (2021/2054(INL))

11

 

Wednesday 24 November 2021

2022/C 224/03

European Parliament resolution of 24 November 2021 on a European strategy for critical raw materials (2021/2011(INI))

22

2022/C 224/04

European Parliament resolution of 24 November 2021 on the revision of the Financial Regulation in view of the entry into force of the 2021-2027 multiannual financial framework (2021/2162(INI))

37

2022/C 224/05

European Parliament resolution of 24 November 2021 on a pharmaceutical strategy for Europe (2021/2013(INI))

47

 

Thursday 25 November 2021

2022/C 224/06

European Parliament resolution of 25 November 2021 with recommendations to the Commission on legal migration policy and law (2020/2255(INL))

69

2022/C 224/07

European Parliament resolution of 25 November 2021 on the introduction of a European social security pass for improving the digital enforcement of social security rights and fair mobility (2021/2620(RSP))

81

2022/C 224/08

European Parliament resolution of 25 November 2021 on multilateral negotiations in view of the 12th WTO Ministerial Conference in Geneva, 30 November to 3 December 2021 (2021/2769(RSP))

89

2022/C 224/09

European Parliament resolution of 25 November 2021 on the safety of truck parking lots in the EU (2021/2918(RSP))

95

2022/C 224/10

European Parliament resolution of 25 November 2021 on the situation in Somalia (2021/2981(RSP))

99

2022/C 224/11

European Parliament resolution of 25 November 2021 on the human rights violations by private military and security companies, particularly the Wagner Group (2021/2982(RSP))

104

2022/C 224/12

European Parliament resolution of 25 November 2021 on the human rights situation in Cameroon (2021/2983(RSP))

111


 

III   Preparatory acts

 

European Parliament

 

Tuesday 23 November 2021

2022/C 224/13

P9_TA(2021)0456
Common agricultural policy — support for strategic plans to be drawn up by Member States and financed by the EAGF and by the EAFRD ***I
European Parliament legislative resolution of 23 November 2021 on the proposal for a regulation of the European Parliament and of the Council establishing rules on support for strategic plans to be drawn up by Member States under the Common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulation (EU) No 1305/2013 of the European Parliament and of the Council and Regulation (EU) No 1307/2013 of the European Parliament and of the Council (COM(2018)0392 — C8-0248/2018 — 2018/0216(COD))
P9_TC1-COD(2018)0216
Position of the European Parliament adopted at first reading on 23 November 2021 with a view to the adoption of Regulation (EU) 2021/… of the European Parliament and of the Council establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305/2013 and (EU) No 1307/2013

115

2022/C 224/14

P9_TA(2021)0457
Common agricultural policy: financing, management and monitoring ***I
European Parliament legislative resolution of 23 November 2021 on the proposal for a regulation of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy and repealing Regulation (EU) No 1306/2013 (COM(2018)0393 — C8-0247/2018 — 2018/0217(COD))
P9_TC1-COD(2018)0217
Position of the European Parliament adopted at first reading on 23 November 2021 with a view to the adoption of Regulation (EU) 2021/… of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy and repealing Regulation (EU) No 1306/2013

118

2022/C 224/15

P9_TA(2021)0458
Common agricultural policy — amendment of the CMO and other Regulations ***I
European Parliament legislative resolution of 23 November 2021 on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products, (EU) No 1151/2012 on quality schemes for agricultural products and foodstuffs, (EU) No 251/2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products, (EU) No 228/2013 laying down specific measures for agriculture in the outermost regions of the Union and (EU) No 229/2013 laying down specific measures for agriculture in favour of the smaller Aegean islands (COM(2018)0394 — C8-0246/2018 — 2018/0218(COD))
P9_TC1-COD(2018)0218
Position of the European Parliament adopted at first reading on 23 November 2021 with a view to the adoption of Regulation (EU) 2021/… of the European Parliament and of the Council amending Regulations (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products, (EU) No 1151/2012 on quality schemes for agricultural products and foodstuffs, (EU) No 251/2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products and (EU) No 228/2013 laying down specific measures for agriculture in the outermost regions of the Union

122

2022/C 224/16

P9_TA(2021)0459
Insolvency proceedings: replacing Annexes A and B to Regulation ***I
European Parliament legislative resolution of 23 November 2021 on the proposal for a regulation of the European Parliament and of the Council replacing Annexes A and B to Regulation (EU) 2015/848 on insolvency proceedings (COM(2021)0231 — C9-0178/2021 — 2021/0118(COD))
P9_TC1-COD(2021)0118
Position of the European Parliament adopted at first reading on 23 November 2021 with a view to the adoption of Regulation (EU) 2021/… of the European Parliament and of the Council amending Regulation (EU) 2015/848 on insolvency proceedings to replace its Annexes A and B

126

2022/C 224/17

P9_TA(2021)0460
Integrated farm statistics: Union contribution under the MFF for the years 2021 to 2027 ***I
European Parliament legislative resolution of 23 November 2021 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2018/1091 as regards the Union contribution for the integrated farm statistics under the 2021-2027 financial framework (COM(2021)0477 — C9-0346/2021 — 2021/0270(COD))
P9_TC1-COD(2021)0270
Position of the European Parliament adopted at first reading on 23 November 2021 with a view to the adoption of Regulation (EU) 2021/… of the European Parliament and of the Council amending Regulation (EU) 2018/1091 as regards the Union contribution for integrated farm statistics under Council Regulation (EU, Euratom) 2020/2093 laying down the multiannual financial framework for the years 2021 to 2027

127

2022/C 224/18

P9_TA(2021)0461
Packaged retail and insurance-based investment products (PRIIPs): key information documents. Extension of the transitional arrangement ***I
European Parliament legislative resolution of 23 November 2021 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 1286/2014 as regards the extension of the transitional arrangement for management companies, investment companies and persons advising on, or selling, units of undertakings for collective investment in transferable securities (UCITS) and non-UCITS (COM(2021)0397 — C9-0326/2021 — 2021/0215(COD))
P9_TC1-COD(2021)0215
Position of the European Parliament adopted at first reading on 23 November 2021 with a view to the adoption of Regulation (EU) 2021/… of the European Parliament and of the Council amending Regulation (EU) No 1286/2014 as regards the extension of the transitional arrangement for management companies, investment companies and persons advising on, or selling, units of undertakings for collective investment in transferable securities (UCITS) and non-UCITS

128

2022/C 224/19

P9_TA(2021)0462
Undertakings for collective investment in transferable securities (UCITS): the use of key information documents ***I
European Parliament legislative resolution of 23 November 2021 on the proposal for a directive of the European Parliament and of the Council amending Directive 2009/65/EC as regards the use of key information documents by management companies of undertakings for collective investment in transferable securities (UCITS) (COM(2021)0399 — C9-0327/2021 — 2021/0219(COD))
P9_TC1-COD(2021)0219
Position of the European Parliament adopted at first reading on 23 November 2021 with a view to the adoption of Directive (EU) 2021/… of the European Parliament and of the Council amending Directive 2009/65/EC as regards the use of key information documents by management companies of undertakings for collective investment in transferable securities (UCITS)

129

 

Wednesday 24 November 2021

2022/C 224/20

European Parliament legislative resolution of 24 November 2021 on the joint text on the draft general budget of the European Union for the financial year 2022 approved by the Conciliation Committee under the budgetary procedure (13911/2021 — C9-0428/2021 — 2021/0227(BUD))

130

2022/C 224/21

European Parliament resolution of 24 November 2021 on the Council position on Draft amending budget No 5/2021 of the European Union for the financial year 2021 — Humanitarian support to refugees in Turkey (12444/2021 — C9-0380/2021 — 2021/0226(BUD))

151

2022/C 224/22

European Parliament resolution of 24 November 2021 on the Council position on Draft amending budget No 6/2021 of the European Union for the financial year 2021 — Additional vaccines doses to low and lower-middle income countries, UCPM reinforcement and other adjustments to expenditure and revenue (14038/2021 — C9-0425/2021 — 2021/0326(BUD))

153

 

Thursday 25 November 2021

2022/C 224/23

European Parliament resolution of 25 November 2021 on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the European Globalisation Adjustment Fund for Displaced Workers following an application from Spain — EGF/2021/001 ES/País Vasco metal (COM(2021)0618 — C9-0377/2021 — 2021/0316(BUD))

155

2022/C 224/24

European Parliament legislative resolution of 25 November 2021 on the proposal for a Council decision authorising the Member States of the European Union to accept, in the interest of the European Union, the accession of Philippines to the 1980 Hague Convention on the Civil Aspects of International Child Abduction (COM(2021)0359 — C9-0361/2021 — 2021/0178(NLE))

159

2022/C 224/25

European Parliament legislative resolution of 25 November 2021 on the proposal for a Council decision authorising the Member States to accept, in the interest of the European Union, the accession of Jamaica to the 1980 Hague Convention on the Civil Aspects of International Child Abduction (COM(2021)0363 — C9-0334/2021 — 2021/0179(NLE))

160

2022/C 224/26

European Parliament legislative resolution of 25 November 2021 on the proposal for a Council decision authorising the Member States of the European Union to accept, in the interest of the European Union, the accession of Bolivia to the 1980 Hague Convention on the Civil Aspects of International Child Abduction (COM(2021)0369 — C9-0336/2021 — 2021/0183(NLE))

161

2022/C 224/27

European Parliament legislative resolution of 25 November 2021 on the proposal for a Council decision authorising the Member States of the European Union to accept, in the interest of the European Union, the accession of Pakistan to the 1980 Hague Convention on the Civil Aspects of International Child Abduction (COM(2021)0368 — C9-0335/2021 — 2021/0182(NLE))

162

2022/C 224/28

European Parliament legislative resolution of 25 November 2021 on the proposal for a Council decision authorising the Member States to accept, in the interest of the European Union, the accession of Tunisia to the 1980 Hague Convention on the Civil Aspects of International Child Abduction (COM(2021)0371 — C9-0337/2021 — 2021/0198(NLE))

163


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

 


8.6.2022   

EN

Official Journal of the European Union

C 224/1


EUROPEAN PARLIAMENT

2021–2022 SESSION

Sittings of 22 to 25 November 2021

TEXTS ADOPTED

 


I Resolutions, recommendations and opinions

RESOLUTIONS

European Parliament

Tuesday 23 November 2021

8.6.2022   

EN

Official Journal of the European Union

C 224/2


P9_TA(2021)0463

EU sports policy: assessment and possible ways forward

European Parliament resolution of 23 November 2021 on EU sports policy: assessment and possible ways forward (2021/2058(INI))

(2022/C 224/01)

The European Parliament,

having regard to Articles 6 and 165 of the Treaty on the Functioning of the European Union (TFEU), which specify the competences and actions of the Union in the area of sport, in particular the promotion of European sporting issues, while taking account of the specific nature of sport, its structures based on voluntary activity and its social and educational function,

having regard to the United Nations 2030 Agenda for Sustainable Development and its 17 Sustainable Development Goals (SDGs), and in particular the role of sport as an important enabler of sustainable development and the contributions it makes to peace, to the promotion of tolerance and respect, and to the empowerment of women and of young people, individuals and communities, as well as to health, education and social inclusion objectives (1),

having regard to Regulation (EU) 2021/817 of the European Parliament and of the Council of 20 May 2021 establishing Erasmus+: the Union Programme for education and training, youth and sport and repealing Regulation (EU) No 1288/2013 (2), and in particular to the sport chapter thereof,

having regard to the Commission white paper of 11 July 2007 on sport (COM(2007)0391),

having regard to the Commission communication of 18 January 2011 entitled ‘Developing the European Dimension in Sport’ (COM(2011)0012),

having regard to the Commission communication of 7 July 2020 on the implementation and relevance of the European Union Work Plan for Sport 2017-2020 (COM(2020)0293), and in particular its recommendations for the future,

having regard to the Commission communication of 3 March 2021 entitled ‘Union of Equality: Strategy for the Rights of Persons with Disabilities 2021-2030’ (COM(2021)0101),

having regard to the EU guidelines of 16 November 2012 entitled ‘Dual Careers of Athletes — Recommended Policy Actions in Support of Dual Careers in High-Performance Sport’,

having regard to its resolution of 2 February 2012 on the European dimension in sport (3),

having regard to its resolution of 14 March 2013 on match-fixing and corruption in sport (4),

having regard to its resolution of 11 June 2015 on recent revelations on high-level corruption cases in FIFA (5),

having regard to its resolution of 2 February 2017 on an integrated approach to Sport Policy: good governance, accessibility and integrity (6),

having regard to its resolution of 15 September 2020 on effective measures to ‘green’ Erasmus+, Creative Europe and the European Solidarity Corps (7),

having regard to its resolution of 10 February 2021 on the impact of COVID-19 on youth and on sport (8),

having regard to its resolution of 19 May 2021 with recommendations to the Commission on challenges of sports events organisers in the digital environment (9),

having regard to the resolution of the Council and of the representatives of the governments of the Member States meeting within the Council on the European Union Work Plan for Sport (1 January 2021-30 June 2024) (10), in particular its priority areas,

having regard to the conclusions of the Council and of the representatives of the governments of the Member States meeting within the Council on combating corruption in sport (11),

having regard to the conclusions of the Council and of the representatives of the governments of the Member States meeting within the Council on access to sport for persons with disabilities (12),

having regard to the conclusions of the Council and of the representatives of the governments of the Member States meeting within the Council on the impact of the COVID-19 pandemic and the recovery of the sport sector (13),

having regard to the conclusions of the Council and of the representatives of the governments of the Member States meeting within the Council on empowering coaches by enhancing opportunities to acquire skills and competences (14),

having regard to the conclusions of the Council and of the representatives of the governments of the Member States meeting within the Council on sport innovation (15),

having regard to the Council of Europe Convention of 16 November 1989 on anti-doping,

having regard to the Council of Europe Convention of 18 September 2014 on the manipulation of sports competitions,

having regard to the Council of Europe Convention of 3 July 2016 on an integrated safety, security and service approach at football matches and other sports events,

having regard to the Code of Sports Ethics, as revised on 16 May 2001, and to the European Sports Charter of the Council of Europe, as revised on 13 October 2021,

having regard to the UNESCO International Convention of 19 October 2005 against doping in sport,

having regard to its study of June 2021 entitled ‘EU sports policy: assessment and possible ways forward’ (16),

having regard to the final report of Ecorys, KEA and Sport and Citizenship to the DG Education and Culture of the European Commission of June 2016 entitled ‘Mapping and analysis of the specificity of sport’,

having regard to the report of Ecorys and SportsEconAustria to the European Commission of 2020 entitled ‘Mapping study on measuring the economic impact of COVID-19 on the sport sector in the EU’,

having regard to Rule 54 of its Rules of Procedure,

having regard to the report of the Committee on Culture and Education (A9-0318/2021),

A.

whereas sport plays a key role in the social, cultural and educational life of European citizens and promotes values such as democracy, respect, solidarity, diversity and equality;

B.

whereas sport serves as a vector for integration, especially for people with fewer opportunities;

C.

whereas sport must be inclusive and open to all regardless of age, gender, disability or cultural and socioeconomic background;

D.

whereas sport is a growing economic sector contributing to growth and jobs in the EU and therefore to its prosperity;

E.

whereas sport contributes to strengthening European integration and to the EU’s position in international cooperation;

F.

whereas COVID-19 has had an adverse economic and social impact on the sport sector;

G.

whereas the EU should aim to further develop the European dimension of sport while respecting its specific nature and autonomy;

H.

whereas EU sports policy must support both elite and grassroots sports, including forms of active leisure;

I.

whereas grassroots sport contributes to the development of skills among young people and promotes civic participation through volunteering;

J.

whereas young athletes face the challenge of reconciling their sports careers, their training and professional activities;

K.

whereas sport has a positive impact on citizens’ health and wellbeing;

L.

whereas the development of sports infrastructure is an important element in improving quality of life and economic opportunities in remote and disadvantaged areas;

M.

whereas sport faces a range of challenges such as governance issues, corruption, match-fixing, doping, financing, digital piracy, purely profit-based models, human rights violations, discrimination and violence, and environmental impacts and sustainability concerns;

N.

whereas women still are underrepresented in sport, both in governing bodies and in the media sphere;

O.

whereas illegal streaming of live sports events threatens the financial stability of both professional and grassroots sports, which depend on the revenues from sport broadcasting rights;

Strengthening visibility, cooperation and the mainstreaming of sport in EU policies

1.

Calls on the EU to adopt a more holistic approach to sports policy and step up efforts to mainstream it into other EU policies;

2.

Stresses the need to strengthen interinstitutional cooperation and collaboration with sports stakeholders;

3.

Calls on the Commission to set up regular high-level structured cooperation with all sports stakeholders and other institutions to deliver more targeted and accountable recommendations for action on the current challenges facing the sport sector;

4.

Calls on the Commission to present a communication on the future of sport linked to the EU’s strategic goals;

5.

Calls on the Commission to strengthen the visibility of sport and its perspective on sport across policy areas at EU level by adding sport to the title of the portfolio of the Commissioner in charge;

6.

Calls also in this regard for the establishment of an EU sport coordinator who would be the Commission’s contact on the issue and a visible reference point;

7.

Insists on the increased involvement of Parliament in order to provide a framework for regular political debate and action on sport, and on parliamentary scrutiny and monitoring with regard to the implementation of the strategic goals;

8.

Underlines the role of the Conference on the Future of Europe in discussions on the way forward on EU sports policy and sport related issues, and encourages the active participation of all sports stakeholders;

9.

Acknowledges the recent adoption of the revised European Sports Charter within the Council of Europe which highlights the common features of a framework for European sport and its organisation and invites EU institutions to strive for consistency, cooperation and solidarity at continental level, while taking initiative in the field of sports policy;

10.

Calls for Parliament to play a more active role in sports diplomacy;

Enhancing the principles of a European sports model

11.

Acknowledges the importance of a European sports model based on values, voluntary activities and solidarity and looks forward to further developing it in the interests of citizens and stakeholders;

12.

Acknowledges the diversity of approaches across sports and countries while considering that the common foundation of European sport needs to be further enhanced and protected, in particular the links between grassroots and elite sport;

13.

Calls for a European sports model that recognises the need for a strong commitment to integrating the principles of solidarity, sustainability, inclusiveness for all, open competition, sporting merit and fairness, and accordingly strongly opposes breakaway competitions that undermine such principles and endanger the stability of the overall sports ecosystem; stresses that these principles should be encouraged by all sports stakeholders and national authorities;

14.

Recognises the role of federations in governing their sport and encourages closer coordination and cooperation with authorities and all relevant stakeholders;

15.

Acknowledges sports clubs as the foundation of a European sports model offering everyone the opportunity to engage in sport locally, especially young people, regardless of their cultural or socioeconomic background;

16.

Highlights the need for more targeted and increased solidarity and more financial redistribution, as well as exchanges in skills and know-how, especially between professional and grassroots sport; calls on sports federations to implement a solidarity mechanism based on a fair and binding distribution method that ensures the adequate funding of amateur and grassroots sport;

17.

Emphasises the need to ensure the sustainable financial stability and sound management of sports clubs and calls on sporting bodies to introduce mechanisms to this end, where they do not already exist, alongside a proper enforcement system;

18.

Believes that the German club ownership model based on the 50+1 rule has served German football well and should be considered as a possible example of best practice as other countries seek to enhance their own models;

19.

Urges public authorities, sports federations and organisations to uphold human rights and democratic principles in all of their actions, especially when awarding host status for major sporting events, as well as in the choice of sponsors; insists that major sporting events should no longer be awarded to countries where these fundamental rights and values are repeatedly violated;

20.

Calls on sports organisations to respect the established frequency of international sports tournaments, especially European and world championships, while taking into account domestic competitions and the health of athletes and players;

Renewing good governance and integrity

21.

Considers that a renewed commitment to good governance is needed in order to rebalance the social and economic elements in sport and to ensure that stakeholder representation in decision-making bodies is respected;

22.

Notes that a focus on commercial interests by professional sport should be balanced with much-needed social functions; encourages the relevant organisations to address this issue as a means of maintaining their position as role models in defending the ideals on which European sport was built;

23.

Calls on international, European and national sports organisations and stakeholder representative organisations to implement the highest governance standards;

24.

Acknowledges the efforts made by sports organisations and federations to ensure the implementation of good governance principles in sport and stresses the need for the Commission to develop recommendations for guidelines for the organisation of sport and its governing bodies in the EU;

25.

Urges the international, European and national sports governing bodies and stakeholders to implement measures on diversity and inclusion, in particular to address the low numbers of women and ethnic minorities in leadership positions and on boards;

26.

Calls on all sports stakeholder organisations to attain the appropriate levels of representativeness and professionalisation as a prerequisite for involvement in collective decision-making processes;

27.

Calls for the EU institutions to promote and protect the fundamental rights of athletes, including athlete representation in decision-making, freedom of association, collective bargaining and non-discrimination;

28.

Stresses the need for sports authorities to take into account the protection of athletes’ mental health in the same way as their physical health;

29.

Calls on the Member States to take measures to ensure that all professional athletes have equal access to social and labour protection mechanisms;

30.

Calls on the Member States, sports governing bodies and clubs to acknowledge the status of fans in sport by involving them in governance and decision-making bodies;

31.

Calls on the Commission to build on its existing work on social dialogue and to extend its scope to all professional sports;

32.

Welcomes reforms and measures to improve transparency and accountability in the player transfer market across sports and urges further efforts; notes that European frameworks are needed to improve player transfer systems to meet European standards and objectives, in particular with regard to labour market and financial regulations;

33.

Recalls the need to regulate the activities of agents and acknowledges that the recent reforms in the football transfer market, including the establishment of a clearing house, licencing requirements for agents and caps on agents’ commission go in the right direction; urges the relevant sports authorities to ensure the prompt implementation of these reforms and calls on the Commission to monitor progress;

34.

Insists that fighting corruption in sport, which is often linked to money laundering and crime, requires transnational cooperation among all stakeholders and authorities;

35.

Calls on Member States and the relevant authorities to firmly fight against abuses in the gambling sector, including the proliferation of fraudulent sites and predatory practices, in order to protect minors and vulnerable people from any risk;

36.

Urges the Council and the Commission to break the deadlock on the signing and ratification of the Council of Europe Convention on the manipulation of sports competitions;

37.

Highlights the need for capacity building to strengthen prevention and anti-doping measures in sport through a common European strategy that includes close collaboration and information sharing between law enforcement agencies in all EU countries;

38.

Highlights the need for information and educational campaigns on the prevention of doping, match-fixing, corruption, violence, physical and psychological abuse and other integrity-related matters with a focus on amateur sport;

Ensuring safe, inclusive and equal sport

39.

Calls on the Commission and the Member States to involve all relevant stakeholders in ensuring that sports policy and legislation support gender equality, with particular attention to tackling all forms of violence and harassment, gender stereotypes, low visibility and media coverage, and disparities in wages, premium pay and awards;

40.

Calls on national sports federations to move towards equalising premium payments for female and male athletes, following the example of the Football Association of Ireland (FAI);

41.

Calls on the Commission to recognise the importance and support the social inclusion of persons with fewer opportunities, refugees, ethnic minorities and the LGBTQI+ community in sport, leaving no one behind;

42.

Underlines the need to leverage the significant social weight of elite sport to raise awareness related to issues faced by LGBTQI+ people in sport;

43.

Urges sports bodies and public authorities to effectively tackle discrimination, violence and hate speech and to guarantee safe, inclusive sport for all athletes, spectators and staff in sports venues and online;

44.

Insists on a zero-tolerance approach in terms of racism and violence in sport and urges the Commission, the Member States and sports federations to develop measures to prevent such incidents and to adopt effective penalties and measures to support victims;

45.

Calls on the Member States to step up efforts towards the inclusion in sports activities and programmes of persons with mental and physical disabilities, and to increase visibility in the media of competitions involving athletes with disabilities;

46.

Stresses the need to increase funding and remove all barriers for people with disabilities through educational and awareness campaigns, specialised training for relevant actors and accessible sports infrastructure that allows attendance at sports events and participation in sports;

47.

Calls on the Member States to offer equal financial rewards to their Olympic and Paralympic champions and to support Olympians and Paralympians with low incomes;

48.

Recalls that the EU faces demographic challenges such as an ageing population, and that specific attention should be paid to encouraging active ageing through physical activity;

49.

Urges the media in the Member States to give more coverage to a wider range of sports and in particular women’s and youth sports;

50.

Calls on the Member States to introduce special measures to enable children from socially disadvantaged backgrounds to access sports that involve high equipment costs and fees, including winter sports;

51.

Calls for the EU institutions, the Member States and sports organisations to prioritise policies that safeguard children from discrimination, harassment and any form of abuse, raise awareness and provide access to remedies, including legal advice and timely protection;

52.

Welcomes the 2019 Commission study entitled ‘Safeguarding children in sport’ and calls on the Commission to continue working in this area, including by regularly collecting and updating data;

53.

Insists that young athletes from developing countries must be protected from fraud and trafficking, and should benefit from a legal status in Europe and receive support with the assessment and monitoring of their contracts;

54.

Calls on the Member States and sports federations to provide first aid training for young people and athletes;

Promoting healthy and active lifestyles together with education and development opportunities

55.

Urges the Member States and public authorities to develop sports infrastructure, especially in remote regions and disadvantaged areas, and to increase the amount of physical education, including daily physical activities, active breaks and extracurricular physical activities in schools, while instigating a change of mentality in the recognition of the importance of sport as a school discipline;

56.

Stresses the need for an integrated approach to active cities which promotes physical activity in the everyday life of European citizens, including at the workplace, and which increases and develops active and sustainable mobility and means of transportation;

57.

Welcomes initiatives and campaigns to encourage physical activity such as the European Week of Sport, #BeActive and HealthyLifestyle4All and encourages the Commission to intensify communication about these events in the Member States, particularly targeted towards schools; underlines the importance of regular assessments of their outreach and impact;

58.

Calls for the EU guidelines on dual careers of athletes to be implemented and promoted in each Member State, and extended to all sport staff engaged in structured sport and for specific retraining initiatives;

59.

Reiterates its call on the Commission, the Member States, sports federations and clubs to promote dual-career opportunities for athletes and calls on the Commission to consider including cross-border mobility of athletes in the next Erasmus+ programme;

60.

Reiterates the need to develop a strategy for supporting former athletes to ensure they have adequate access to jobs, skilling or reskilling;

61.

Highlights the role of coaches, sport staff, teachers and youth workers in developing the skills of and in educating children and young people and stresses that adequate training plays a key role in encouraging participation in sport and in ensuring a safe environment for all;

62.

Welcomes the inclusion of sport staff mobility in the Erasmus + 2021-2027 programme, and calls on the Commission, national agencies and sports federations to raise awareness about this new opportunity;

63.

Calls on the Commission and the Member States to develop common standards at EU level to ensure that all coaches have the appropriate skills and training to coach children and young people;

64.

Calls on the Commission to establish a network of ambassadors for sport to leverage the influence of respected sports role models to encourage physical activity and healthy lifestyles;

65.

Recognises the valuable contributions that sports volunteers bring to a society and calls on the Commission and the Member States to create a system in line with the EU skills agenda, and building on the European credit transfer and accumulation system (ECTS) and the European credit system for vocational education and training (ECVET), for the recognition of qualifications gained by volunteers, including coaches working as volunteers;

Helping sport to ensure a successful recovery

66.

Insists on the need for support and dedicated funding mechanisms to get the sport sector and all sports back on track in the wake of COVID-19, including through national support funds, the Recovery and Resilience Facility and EU structural funds;

67.

Welcomes the fact that some Member States have included sports in their national recovery and resilience plans;

68.

Calls on the Commission to provide data on sports-related investments and reforms in its review report on the implementation of the Recovery and Resilience Facility, which is to be presented to Parliament and the Council in 2022;

69.

Welcomes the higher budget for sport under the current Erasmus+ programme and supports further synergies between funds and programmes such as EU4Health and LIFE; underlines that the removal of all obstacles in the application process at national level is key in order to make better use of these tools to support the recovery in sport;

70.

Regrets the absence of an explicit reference to sport in the EU4Health programme regulation;

71.

Urges the EU institutions to considerably increase the budget dedicated to grassroots sport under the Erasmus+ programme in the next financial programming period;

72.

Stresses the need to further increase funding for sport, also beyond the Erasmus+ programme, in a targeted manner with a focus on the social dimension of sport, particularly in grassroots sports;

73.

Highlights the importance of preparatory actions and pilot projects in the field of sport which provide additional funding for grassroots sport and give promising results;

74.

Calls on the Commission to increase the number of accepted pilot projects and preparatory actions in the field of sport;

75.

Highlights the need to support sports tourism as one of the means to boost the recovery and resilience of the sport sector after COVID-19;

76.

Recalls the importance of protecting traditional sports and promoting them with adequate funding as part of European cultural heritage and regional identity;

77.

Calls on national, regional and local authorities to recognise the key role of sport and physical activity in fields such as urban regeneration, tourism and territorial cohesion and to encourage relevant investments under EU cohesion policy, specifically with regard to the European Social Fund Plus, the European Regional and Development Fund and the Recovery and Resilience Facility;

78.

Calls on the Commission to encourage the use of REACT-EU funding for projects related to sports infrastructure, provided that it is sustainable, contributes to long-term economic recovery and supports tourism;

79.

Draws the attention of the Commission and the managing authorities to the important role of small sports clubs and associations and highlights the lack of human and material resources available to them for accessing European funding and targeted support;

80.

Calls on the Member States to consider applying the lowest possible rate of VAT to the sports sector as one of the tools to facilitate access to its services in the wake of COVID-19;

81.

Calls on the Commission to develop a methodology for defining the criteria for measuring and monitoring the social impact of sports-related projects together with all relevant stakeholders including civil society, social partners and public authorities, and to regularly update and present data on the social impact of sport;

82.

Urges the Commission and the Member States to regularly update and present data on the economic impact of sport;

Supporting the transition to a sustainable and innovative future

83.

Notes the efforts undertaken by clubs and federations to ensure environmental sustainability; calls on the EU institutions, Member States and sports federations, however, to further support and promote the development of sport and the organisation of environmentally ambitious sporting events;

84.

Insists on the alignment of sport with the principles of the European Green Deal and its contribution to environmental education and behaviour change;

85.

Calls on the Commission and the Member States to support the green transition of the sport sector, especially with regards to constructing, extending and renovating sports infrastructure, including winter sports facilities;

86.

Highlights the importance of sport and physical activity within the New European Bauhaus and acknowledges the potential for the development of active spaces and the promotion of sustainable sports infrastructure; calls on the Commission to ensure that sports-related projects, especially those within public spaces, are prioritised within this initiative;

87.

Calls on the Commission and the Member States to establish harmonised minimum accessibility criteria, sustainability benchmarks and safety standards for sports infrastructure, including measures to prevent any form of harassment, and to support inclusion as well as mobility of athletes and sports-related workers;

88.

Calls for particular attention to be paid to the working conditions of construction workers involved in building sports infrastructure;

89.

Highlights the importance of innovation and cross-sectoral cooperation in sport, especially of developing digital tools to increase participation in physical activity, with a particular focus on young people;

90.

Underlines that in the context of the COVID-19 pandemic, new ways of organising sporting events should be envisaged using the digital technologies available;

91.

Calls on the Commission and the European Institute for Technology to create a Knowledge and Innovation Community (KIC) in the field of sport to boost innovation, resilience and transnational collaboration;

92.

Calls for the EU institutions to launch a debate on the future and on the opportunities of e-sports and to collect data in order to assess this sector and present a study on its social and economic impact;

93.

Calls on the Commission to effectively tackle the growing problem of illegal streaming of live sport events without delay;

o

o o

94.

Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States and European, international and national sports federations and organisations.

(1)  Resolution entitled ‘Transforming our world: the 2030 Agenda for Sustainable Development’, adopted by the UN General Assembly on 25 September 2015, A/RES/70/1.

(2)  OJ L 189, 28.5.2021, p. 1.

(3)  OJ C 239 E, 20.8.2013, p. 46.

(4)  OJ C 36, 29.1.2016, p. 137.

(5)  OJ C 407, 4.11.2016, p. 81.

(6)  OJ C 252, 18.7.2018, p. 2.

(7)  OJ C 385, 22.9.2021, p. 2.

(8)  Texts adopted, P9_TA(2021)0045.

(9)  Texts adopted, P9_TA(2021)0236.

(10)  OJ C 419, 4.12.2020, p. 1.

(11)  OJ C 416, 11.12.2019, p. 3.

(12)  OJ C 192, 7.6.2019, p. 18.

(13)  OJ C 214 I, 29.6.2020, p. 1.

(14)  OJ C 196, 11.6.2020, p. 1.

(15)  OJ C 212, 4.6.2021, p. 2.

(16)  Mittag, J. & Naul, R. (2021), EU sports policy: assessment and possible ways forward, European Parliament, Research for CULT Committee — Policy Department for Structural and Cohesion Policies, Brussels.


8.6.2022   

EN

Official Journal of the European Union

C 224/11


P9_TA(2021)0464

Digitalisation of the European reporting, monitoring and audit

European Parliament resolution of 23 November 2021 with recommendations to the Commission on digitalisation of the European reporting, monitoring and audit (2021/2054(INL))

(2022/C 224/02)

The European Parliament,

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

having regard to Articles 322(1) and 325 of the Treaty on the Functioning of the European Union,

having regard to Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (Financial Regulation) (1),

having regard to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (2),

having regard to Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union’s financial interests by means of criminal law (PIF Directive) (3),

having regard to Directive (EU) 2018/843 of the European Parliament and the Council of 30 May 2018 amending Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, and amending Directives 2009/138/EC and 2013/36/EU (Anti Money Laundering Directive) (4),

having regard to Article 22(4) of Regulation (EU) 2021/241 of the European Parliament and of the Council of 12 February 2021 establishing the Recovery and Resilience Facility (5),

having regard to the Joint Declaration by the European Parliament and the Commission on data collection for effective controls and audits (6),

having regard to the Interinstitutional Agreement of 16 December 2020 between the European Parliament, the Council of the European Union and the European Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources,

having regard to its resolution of 14 May 2020 with observations forming an integral part of the decisions on discharge in respect of the implementation of the general budget of the European Union for the financial year 2018, Section III — Commission and executive agencies (7),

having regard to its resolution of 29 April 2021 with observations forming an integral part of the decisions on discharge in respect of the implementation of the general budget of the European Union for the financial year 2019, Section III — Commission and executive agencies (8),

having regard to paragraph 24 of the European Council conclusions of 17 to 21 July 2020 on the Multiannual Financial Framework 2021-2027,

having regard to the Court of Justice’s statement in the joined cases C-465/00, C-138/01 and C-139/01 Österreichischer Rundfunk (9) that ‘in a democratic society, taxpayers and public opinion generally have the right to be kept informed of the use of public revenues.’,

having regard to the study carried out by the Policy Department for Budgetary Affairs, as requested by the Committee on Budgetary Control, entitled ‘The Largest 50 Beneficiaries in each EU Member State of CAP and Cohesion Funds’,

having regard to the European added value assessment study carried out by the European Parliamentary Research Service, entitled ‘Digitalisation of the European reporting, monitoring and audit’,

having regards to the Court of Auditors' Special Report No 4/2020: Using new imaging technologies to monitor the Common Agricultural Policy: steady progress overall, but slower for climate and environment monitoring,

having regard to Rules 47 and 54 of its Rules of Procedure,

having regard to the report of the Committee on Budgetary Control (A9-0311/2021),

A.

whereas in accordance with Article 15 of the Treaty on the Functioning of the European Union the Union’s institutions, bodies, offices and agencies shall conduct their work as openly as possible;

B.

whereas with regard to budget implementation, the application of that principle implies that European citizens should know where, and for what purpose, funds are spent by the Union; notes that the number of off-budget instruments continues to grow, considers that the instruments such as Next Generation EU underlie the direct management of the Commission; highlights that Parliament needs to fulfil its mandate in decision-making, scrutiny and discharge functions; requests that the Financial Regulation is updated, allowing Parliament to fulfil its mandate in controlling these new mechanisms; stresses that this is particularly important in the context of the digitalisation of the European reporting, monitoring and audit;

C.

whereas public knowledge and full transparency about the spending of Union funds is essential for the acceptance of this spending and is also crucial in order to ensure accountability, credibility and ensure better control of spending including the avoidance of misuse, corruption, fraud and of conflicts of interests;

D.

whereas Article 38 of the Financial Regulation lays down the current rules for the publication of information on recipients and other information;

E.

whereas differences in implementation of these rules have led to a situation where there is currently one reporting system for CAP in each Member State and more than 250 reporting systems under the structural and cohesion policies in Member States;

F.

whereas there are currently major differences in how these systems are designed, how they work and how to retrieve and share information from them;

G.

whereas fragmentation of data makes the identification of final beneficiaries extremely difficult, if not impossible, for direct, indirect or shared management Union funds;

H.

whereas there are many systems that do not include unique identification numbers for natural persons and companies;

I.

whereas for companies the current systems in most cases do not contain information about the owner or owners of the companies, and their beneficial owners; whereas digitalisation of the European reporting, monitoring and audit is the most useful instrument to avoid disinformation if non-sensitive information is publicly available;

J.

whereas Parliament has asked the Commission several times to provide information concerning the 50 largest beneficiaries of CAP and structural funds in each Member State but has so far been receiving incomplete and unsatisfactory replies;

K.

whereas Parliament initiated a study in 2020 with a view to identifying the 50 largest beneficiaries of CAP and structural funds in each Member State based on publicly available information, which has provided interesting findings but also has illustrated how it remains difficult to clearly identify many final beneficiaries;

L.

whereas the current situation makes it de facto impossible for anybody to get an overview about how much money final beneficiaries get from the CAP and from the structural and cohesion policies;

M.

whereas the Court of Auditors' findings presented during the public hearing of the 2 September 2021 in CONT showed a clear need to improve transparency of the existing system of the oversight of Union funds;

N.

whereas some companies and natural persons operate in more than one Member State and, therefore, receive Union subsidies in several Member States, and given that company structures can be highly complex and opaque, the Commission is unable to keep track of the total amount of money accumulated by each of these multinational companies;

O.

whereas the European Council, in connection with the agreement among Heads of State and Government on the MFF 2021-2027 on 17-21 July 2020 in paragraph 24 of their conclusions, acknowledged the need for more information about final beneficiaries of Union funding for the purposes of control and audit;

P.

whereas all these factors illustrate that there is an urgent need to create a single, transparent and easy-to-use standardised, and to the extent possible based on open-source principles, Union-wide interoperable digital system for Member States’ implementing authorities to report on the beneficiaries of CAP and structural and cohesion policy funds and all the other funds in order to enable national control and audit authorities, OLAF and EPPO and other Union institutions and bodies, to obtain complete and reliable information with regard to the identity of final beneficiaries, how much they receive and from which funds;

Q.

whereas the public should have access to information on the direct and final beneficiaries of Union funds to the greatest extend possible in line with applicable data protection rules and the standing jurisprudence of the Court of Justice of the European Union (CJEU) on the publication of data on beneficiaries of Union funds;

R.

whereas such a system should ensure data format harmonisation, be machine readable, contain unique identification numbers, include search and sort functions and be interoperable so that data can be aggregated not only in respect of one policy or fund but across all policies, funds and Member States and should concern direct, indirect and also shared management;

S.

whereas such a system should be developed by the Commission in order to ensure the full interoperability, including automatic translation of the main elements of the system and ensure the swiftest possible implementation of such a system across all Member States, policies and funds;

T.

whereas such a system must be developed in conjunction with the highest level of cyber security in order to avoid any cyber attacks or attempted cyber attacks on that system used in all Member States;

U.

whereas the Union budget should finance the development of such a system, and should be made available to Member States and regional authorities in charge of running and maintaining such reporting systems, as well as for journalist, civil society representatives and the general public, together with training courses for officials in charge of the daily operation of the systems;

V.

whereas the reporting systems for CAP and structural and cohesion policies cannot realistically be constantly updated with the most recent information about company ownership and thereby ultimate beneficiaries, the systems should therefore be automatically linked to public company databases and common databases about ultimate beneficiaries;

W.

whereas public entities are often the direct recipients of funds from CAP or structural funds which are then paid to other recipients as part of a specific program implementation; whereas in such situations the public entity should also be obliged to report about who the final recipients of the money have been; whereas the digital system should include interoperability inter alia with internal systems of relevant national bodies and authorities, management and paying authorities, as well as national public procurement and tender databases;

X.

whereas such an interoperable system should respect GDPR rules and reasonable ‘de minimis rules’ for the publication of data;

Y.

whereas data on recipients of funds from CAP and structural and cohesion funds should be available to the public for a minimum period of five years;

Z.

whereas rules on the publication of data concerning beneficiaries of funds from shared management policies should as far as possible be harmonised with rules concerning beneficiaries of funds in direct management; whereas satellite data should be used more frequently and better use should be made of it, removing the obstacles currently hampering the wide use of new technologies by paying agencies (10);

1.

Requests that the Commission, including as part of the upcoming revision of the Financial Regulation, submit, before the end of 2021, necessary legislative proposals for amendments to the Financial Regulation, following the recommendations set out in the Annex hereto;

2.

Considers that the financial implications of the requested proposal should be covered by the Union Budget;

3.

Considers that ensuring trust in the financial management of Union funds is essential for overall trust in the Union institutions and thereby ensuring credibility in the project of further European integration;

4.

Whereas cloud services are strategic innovation enablers for digital transformation and the launching of the European Alliance for Industrial Data, Edge and Cloud in July 2021 represents an important step in this regard.

5.

Stresses that clear, understandable and fair rules concerning entitlements for receiving support or participating in spending programmes is a first precondition for support concerning financial management of Union funds;

6.

Is of the firm opinion that the most efficient and effective way to further enhance protection of Union finances and enable even closer scrutiny is to create an integrated, interoperable and harmonised system to collect, monitor and analyse information about final beneficiaries in all Member States;

7.

Considers that transparency with regard to the implementation of the rules and accordingly about the identity of recipients of funds from different funds and programmes and about the amounts they receive and prevention of fraud policies are an essential part of ensuring trust in the financial management of Union funds; acknowledges that the publication of data on beneficiaries should include ‘de minimis’ thresholds in line with applicable data protection rules and the standing jurisprudence of the CJEU;

8.

Considers furthermore that transparency ensured with a digitalisation program creating an integrated, interoperable and harmonised system could be the best instrument to fight disinformation across all Member States;

9.

Considers that transparency with regard to final beneficiaries is also a very efficient tool in the fight against possible misuse, conflicts of interests, fraud and corruption linked to the spending and distribution of Union funds;

10.

Believes that transparency of public funds ensures better accountability and enhanced trust from citizens in public authorities;

11.

Underlines that transparency with regard to ultimate beneficiaries will ensure that auditing, control and discharge authorities in national and regional administrations, the Commission, the Council and Parliament will have much better and more accurate possibilities to ensure that funds are being spent efficiently or to carry out recoveries in the event of fraud or any other kind of misspending according to rules and policy ambitions; emphasises that the Court of Auditors, OLAF and EPPO will also be able to fulfil their respective responsibilities with greater efficiency and accuracy if given full access to complete and reliable information;

12.

Underlines furthermore, that a more coherent and Union wide publication of data about final beneficiaries will give journalists, civil society representatives and the general public much better possibilities to raise legitimate questions and concerns and thereby expose potential cases of misuse or fraud of Union funds or suspected involvement from Politically Exposed Persons (PEPs);

13.

Considers that the present situation, where it is impossible to get a reasonably complete picture of who is receiving funds and how much they are receiving, especially from shared management funds, including, in particular, the inability to aggregate individual amounts where the same direct and/or final beneficiary and/or beneficial owner is involved, is unacceptable and needs to be changed as soon as possible to increase the transparency and efficiency of Union funds;

14.

Is of the firm conviction that the most efficient way to correct the situation is to revise the relevant parts of the Financial Regulation with the objective of increasing transparency with regard to who is receiving funds, how much they are receiving and from which Union funds and programmes;

15.

Underlines that such a change to the Financial Regulation may entail changes to sectoral legislation concerning funds and programmes respectively;

16.

Stresses that such a revision of the current Financial Regulation should be made as part of the upcoming revision of the Financial Regulation that the Commission has announced will be presented in the fourth quarter of 2021;

17.

Believes that the review of the Financial Regulation should include a solid legal basis for mandatory use of open and standardised public procurement data, as well as to make budgetary control IT systems mandatory and interoperable with national and regional databases;

18.

Stresses that the revision should ensure the use of standardised datasets and the possibility to identify final beneficiaries of funds; considers that compulsory information items collected for audit and control purposes need to include, as a minimum, the registration number of legal entities, the national identification number for natural persons, an indication of the type of beneficiary, sub-contractors, beneficial owners, whether the beneficiary also receives state aid and the beneficiary’s contact information; underlines that access to sensitive data through the interoperable digital reporting and monitoring system should be limited to responsible national and European authorities, institutions and bodies for audit, control and discharge purposes and should be strictly in line with data protection requirements;

19.

Stresses that the Commission should ensure that the use of integrated and standardised reporting and monitoring tools is mandatory and fully implemented in the Member States and thus no longer operates solely on a voluntary basis;

20.

Underlines that the revision should further ensure that when the direct recipient of Union funds is a company, it should be ensured that it is possible to identify the beneficial owners of that company;

21.

Underlines that in situations where the direct recipient is a company which is owned by another company, it should be ensured that it is possible to identify the beneficial owners of the second company also, and that this obligation should apply to all companies involved in the ownership structure; considers therefore that it is necessary to have unique identification numbers set up for beneficiaries by parent companies, so that every subsidiary has a subsequent number, allowing funds to be to fully traced back to the final beneficiaries and beneficial owners;

22.

Notes that this obligation to identify the beneficial owner should as a minimum apply whenever any natural or legal person owns more than 15 % of the company in question; emphasises that company shares belonging to relatives should be aggregated and counted as one;

23.

Notes that the obligation to be able to identify the beneficial owners of the company should also apply when a company is located in a non-Union country;

24.

Notes that the revision of the Financial Regulation should also ensure that public entities, which are the direct recipients of Union funds, should be obliged to report on the final beneficiaries of the funds, i.e. if it is a natural or legal person other than the public entity itself; underlines the necessity for the digital system to include interoperability with internal systems of relevant national bodies and authorities, management and paying authorities, as well as national public procurement and tender databases;

25.

Calls on the Commission to develop and make available to financial actors and entities responsible for budget implementation, including competent national and regional authorities under shared management, a system to ensure the digitalisation of European reporting, monitoring and audit for the CAP, cohesion and structural funds policies and other policies;

26.

Stresses that such a system shall be based to the extent possible on open-source principles and use standardised datasets and measures to collect, compare and aggregate information and figures on the direct and final recipients and beneficiaries of Union funding, for the purposes of control, audit and discharge; emphasises the need for electronic identity as a first step to increase the trust of citizens in public institutions;

27.

Underlines that such a system should be developed with a view to ensuring full compliance with the principles of transparency as specified in Title II, chapter 8 of the Financial Regulation;

28.

Highlights that such a system should be accessible to journalists, civil society representatives and the general public in order to facilitate research on the use of public funds and possibly uncover fraud, while respecting GDPR rules;

29.

Asks for this system to be developed within two years and to be made available, free of charge, and mandatory for the reporting authorities in Member States;

30.

Underlines that the development of such a system should be accompanied with the enabling of national and regional authorities and relevant Union institutions, including the Parliament, the Commission, the Court of Auditors, OLAF and EPPO where relevant, to ensure efficient checks on conflicts of interests, irregularities, issues of double funding and any misuse of funds including the use of modern IT tools such as ARACHNE;

31.

Points to the fact that such a system would allow for very quick identification of recurrent and possible overrepresented beneficiaries of Union funds, including tender winners;

32.

Asks for the Commission to ensure that the necessary funding for such a system is made available in the Union budget together with appropriations for training and technical assistance for staff of national and regional authorities that will be using this system;

33.

Notes that such a system cannot itself contain updated data on ownership of companies; notes further, that such a requirement would imply that managing authorities would become responsible for data on companies, which they are not responsible for;

34.

Requests that the system is designed in such a way that it automatically links to databases containing updated information about company ownership as well as interoperability with internal systems of relevant national bodies and authorities, management and paying authorities, as well as national public procurement and tender databases;

35.

Asks that information about recipients of Union funds is made publicly available for a minimum period of five years;

36.

Underlines that such a system should respect the Union data protection rules and standing jurisprudence of the CJEU; notes that there are differences between the level of detail in information which needs to be collected, aggregated and stored for audit, control and discharge purposes and which can be made available for the public in general; stresses that audit, control and discharge authorities must have full access to all available information while the publication of data may be restricted by applicable data protection requirements and ‘de minimis’ thresholds;

37.

Highlights that such a system shall be effectively protected from cyber threats; asks the Commission to invest in high level cybersecurity software and run periodic tests to identify potential vulnerabilities also at Member State level;

38.

Acknowledges that the system should respect rules concerning minimum amounts that will not be made publicly available; stresses that the responsible authorities should nevertheless always aggregate all the funds that are being paid to a single beneficiary and if the total amount that is being paid to any single beneficiary exceeds the minimum amount, information regarding all the payments made to that beneficiary should be disclosed to the public;

39.

Asks the Commission to ensure that this system will also, to the furthest possible degree, be used for funds and policies under direct management with the same rules concerning transparency as for recipients of funds from Union programmes;

40.

Stresses that the existing Early Detection and Exclusion System (EDES) also plays an important role in the protection of the Union's financial interests; is concerned that it only applies to funds under direct management, which only represent about 20 % of the Union funds; is equally concerned that economic operators identified by OLAF as abusing public funds are not automatically excluded from contracts financed by the Union budget or subject to financial penalties; urges the Commission to extend the scope of the EDES in the upcoming revision of the Financial Regulation in order to make it more effective;

41.

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

(1)  OJ L 193, 30.7.2018, p. 1.

(2)  OJ L 119, 4.5.2016, p. 1.

(3)  OJ L 198, 28.7.2017, p. 29.

(4)  OJ L 156, 19.6.2018, p. 43.

(5)  OJ L 57, 18.2.2021, p. 17.

(6)  OJ C 58 I, 18.2.2021, p. 2.

(7)  OJ L 417, 11.12.2020, p. 381.

(8)  Texts adopted, P9_TA(2021)0164.

(9)  ECLI:EU:C:2003:294, paragraph 85.

(10)  ECA Special Report No 4/2020: Using new imaging technologies to monitor the Common Agricultural Policy: steady progress overall, but slower for climate and environment monitoring.


ANNEX TO THE RESOLUTION

TEXT OF THE PROPOSAL REQUESTED

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 322(1) thereof, in conjunction with the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the Court of Auditors,

Acting in accordance with the ordinary legislative procedure,

Whereas:

(1)

In line with the requests of the European Parliament and in response to point 24 of the European Council conclusions of 17 to 21 July 2020, in order to enhance the protection of the Union budget and the European Union Recovery Instrument against fraud and irregularities, standardised measures should be introduced to collect, compare and aggregate information and figures on the final recipients and beneficiaries of Union funding, for the purposes of control and audit.

(2)

To ensure effective controls and audits, it is necessary to collect data on those ultimately benefitting, directly or indirectly, from Union funding under shared management and from projects and reforms supported under Regulation (EU) 2021/241 of the European Parliament and of the Council of 12 February 2021 establishing the Recovery and Resilience Facility (1), including data on beneficial owners of the recipients of the funding. The rules related to the collection and processing of such data will have to comply with applicable data protection rules.

(3)

To enhance the protection of the Union budget, the Commission should make available an integrated and interoperable information and monitoring system, including a single data-mining and risk-scoring tool, to access, store, aggregate and analyse the aforementioned data with a view to a generalised mandatory application by Member States. That system should ensure efficient checks on conflicts of interests, irregularities, issues of double funding, and any misuse of the funds. The Commission, the European Anti-Fraud Office (OLAF) and other Union investigative and control bodies should have the necessary access to that data in order to exercise their supervisory functions in relation to the controls and audits that are to be carried out by the Member States in the first place to detect irregularities and conduct administrative investigations into the misuse of the Union funding concerned, and to get a precise overview of its distribution;

(4)

Regulation (EU, Euratom) 2018/1046 should therefore be amended accordingly.

HAVE ADOPTED THIS REGULATION:

Regulation (EU, Euratom) 2018/1046 is amended as follows:

(1)

Article 36 is amended as follows:

(a)

In paragraph 3, the following point is inserted:

‘(ee)

the collection of data on those ultimately benefitting, directly or indirectly, from Union funding’;

(b)

In paragraph 4, the following point is inserted:

‘(cc)

reliance on an integrated and interoperable electronic information and monitoring system, including a single data-mining and risk-scoring tool, to access and analyse data on those ultimately benefitting, directly or indirectly, from Union funding.’;

(2)

Article 38 is amended as follows:

(a)

Paragraph 1 is replaced by the following:

‘1.   The Commission shall make available, in an appropriate and timely manner, information on those ultimately benefitting, directly or indirectly, from Union funding, drawing on the data collected in the integrated and interoperable electronic information and monitoring system established in accordance with Article 129a.

The first subparagraph of this paragraph shall also apply to other Union institutions when they implement the budget pursuant to Article 59(1).Where the recipient of funds is a legal person, information shall be published on persons and entities holding more than 15 % ownership of that entity’;

(b)

Paragraph 2 is replaced by the following:

‘2.   The following non-sensitive information shall be published, having due regard for the requirements of confidentiality and security, in particular the protection of personal data:

(a)

the name of the recipient;

(b)

the legal nature of the recipient, namely:

(i)

a natural person;

(ii)

a legal person;

(iii)

a public entity or institution;

(iv)

other.;

(c)

the locality of the recipient, namely:

(i)

the address of the recipient when the recipient is a legal person;

(ii)

the region on NUTS 2 level when the recipient is a natural person;

(d)

the amount legally committed;

(e)

the nature and purpose of the measure.’;

(c)

Paragraph 4 is deleted;

(d)

Paragraph 6 is replaced by the following:

‘6.   Where personal data are published, the information shall be removed five years after the end of the financial year in which the funds were legally committed. This shall also apply to personal data referring to legal persons whose official name identifies one or more natural persons’;

(3)

Article 63 is amended as follows:

(a)

the following paragraph is inserted:

‘1a.   When executing tasks relating to budget implementation, Member States shall collect data on those ultimately benefitting, directly or indirectly, from Union funding in accordance with the requirements of the integrated and interoperable electronic information and monitoring system established under Article 129a. Complementary requirements for the use of the system in a given sector may be laid down in sector-specific rules.’;

(b)

In paragraph 2, first subparagraph, the following point is inserted:

‘(bb)

collecting data on those ultimately benefitting, directly or indirectly, from Union funding, using the integrated and interoperable electronic information and monitoring system made available by the Commission in accordance with Article 129a.’;

(c)

In paragraph 4, the following point is inserted:

‘(bb)

use the integrated and interoperable electronic information and monitoring system made available by the Commission in accordance with Article 129a.’;

(4)

the following Article is inserted:

‘Article 129a

Integrated and interoperable electronic information and monitoring system

1.   The Commission shall set up, operate and make available to financial actors, other persons and entities involved in budget implementation, including competent national authorities under shared management, an integrated and interoperable electronic information and monitoring system, including a single data-mining and risk-scoring tool, to access and analyse data on those ultimately benefitting, directly or indirectly, from Union funding.

2.   The system referred to in paragraph 1 shall be based on standardised measures to collect, compare and aggregate information and figures on those ultimately benefitting, directly or indirectly, from Union funding, for the purposes of control and audit. The system shall allow for efficient checks on conflicts of interests, irregularities, issues of double funding, and any misuse of the funds.

3.   The compulsory information items collected in the system shall include inter alia:

(a)

VAT or registration number of legal entities;

(b)

national identification number for natural persons;

(c)

the legal nature of the recipient, namely:

(i)

a natural person;

(ii)

a legal person;

(iii)

a public entity or institution;

(iv)

other.

(d)

contractor(s) and sub-contractor(s);

(e)

beneficial owner(s) whenever the recipient, owner, contractor or sub-contractor is a legal person;

(f)

information on whether the beneficiary also receives state aid;

(g)

all beneficiaries’ and beneficial owners’ contact information;

4.   The Commission, OLAF, the Court of Auditors and, in respect of those Member States participating in enhanced cooperation pursuant to Council Regulation (EU) 2017/1939, EPPO, as well as other Union investigative and control bodies, including the discharge authority, shall be granted access to the information contained in the system referred to in paragraph 1 where necessary for the exercise of their functions.

5.   Any processing of personal data in the operation of the system shall comply with Regulation (EU) 2016/679.

6.   The Commission is empowered to adopt delegated acts in accordance with Article 269 to lay down detailed rules on the operation and functioning of the system referred to in paragraph 1, including rules on the collection of data and on access to the information contained in the system.’;

(5)

in Article 154(4), first subparagraph, the following point is inserted:

‘(dd)

ensure the collection of data on those ultimately benefitting, directly or indirectly, from Union funding to an extent equivalent to the requirements of the system referred to in Article 129a.’;

(6)

Article 269 is amended as follows:

(a)

In paragraph 3, the first sentence is replaced by the following:

‘The delegation of power referred to in Article 70(1), the third paragraph of Article 71, Article 129a, Article 161 and the second and third subparagraphs of Article 213(2) may be revoked at any time by the European Parliament or by the Council.’;

(b)

In paragraph 6, the first sentence is replaced by the following:

‘A delegated act adopted pursuant to Article 70(1), the third paragraph of Article 71, Article 129a, Article 161 and the second and third subparagraphs of Article 213(2) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object.’.

Done at …,

For the European Parliament

The President

For the Council

The President


(1)  OJ L 57, 18.2.2021, p. 17.


Wednesday 24 November 2021

8.6.2022   

EN

Official Journal of the European Union

C 224/22


P9_TA(2021)0468

A European strategy for critical raw materials

European Parliament resolution of 24 November 2021 on a European strategy for critical raw materials (2021/2011(INI))

(2022/C 224/03)

The European Parliament,

having regard to the Treaty on the Functioning of the European Union (TFEU), in particular Articles 9, 151, 152, 153(1) and (2), Article 173, which concerns EU industrial policy and refers, among other things, to the competitiveness of EU industry, and Article 208, which reaffirms that the EU must take account of the objectives of development cooperation in the policies that it implements which are likely to affect developing countries,

having regard to the Treaty on European Union (TEU), in particular Article 3(3), which refers to the internal market, sustainable development and the social market economy, and Article 5(3), which refers to the principle of subsidiarity,

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

having regard to Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment (1) (the Taxonomy Regulation),

having regard to Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (2) (the Waste Shipment Regulation),

having regard to Regulation (EU) 2017/821 of the European Parliament and of the Council of 17 May 2017 laying down supply chain due diligence obligations for Union importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas (3) (the Conflict Minerals Regulation),

having regard to Regulation (EU) 2016/1037 of the European Parliament and of the Council of 8 June 2016 on protection against subsidised imports from countries not members of the European Union (4) (the EU Anti-Subsidy Regulation),

having regard to Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (WEEE) (5),

having regard to Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste (6) (the Waste Framework Directive),

having regard to Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries and amending Directive 2004/35/EC (7) (the Mining Waste Directive),

having regard to Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (8) (the Industrial Emissions Directive),

having regard to Directive 2014/52/EU of the European Parliament and of the Council of 16 April 2014 amending Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment (9) (the Environmental Impact Assessment Directive),

having regard to Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (10) (the Birds Directive),

having regard to Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (11) (the Habitats Directive),

having regard to Directive 2014/95/EU of the European Parliament and of the Council of 22 October 2014 amending Directive 2013/34/EU as regards disclosure of non-financial and diversity information by certain large undertakings and groups (12) (the Non-Financial Reporting Directive),

having regard to the agreement adopted at the 21st Conference of the Parties to the United Nations Framework Convention on Climate Change (COP21) in Paris on 12 December 2015 (the Paris Agreement),

having regard to the UN 2030 Agenda for Sustainable Development and to the Sustainable Development Goals (SDGs), including SDG 12 on responsible consumption and production and SDG 15 on life on land,

having regard to the European Pillar of Social Rights,

having regard to the UN Guiding Principles on business and human rights,

having regard to the OECD Due Diligence Guidance for Responsible Business Conduct,

having regard to the 2009 UN Environment Programme Guidelines for Social Life Cycle Assessment of Products,

having regard to the International Energy Agency (IEA) special report of May 2021 entitled ‘The Role of Critical Minerals in Clean Energy Transitions’,

having regard to the IEA special report of May 2021 entitled ‘Net zero by 2050: A Roadmap for the Global Energy Sector’,

having regard to the European Environment Agency briefing of 13 January 2021 entitled ‘Growth without economic growth’,

having regard to the European Environmental Agency report of 30 August 2021 entitled ‘Improving the climate impact of raw material sourcing’,

having regard to the opinion of the European Economic and Social Committee (EESC) of 25 March 2021 entitled ‘Critical Raw Materials Resilience: Charting a Path towards greater Security and Sustainability’,

having regard to the Commission’s final report of September 2020 entitled ‘Study on the EU’s list of Critical Raw Materials (2020)’, and the accompanying fact sheets on critical raw materials,

having regard to the Commission’s foresight study of 3 September 2020 entitled ‘Critical Raw Materials for Strategic Technologies and Sectors in the EU’,

having regard to the Commission report of 5 November 2018 entitled ‘Report on critical raw materials and the circular economy’,

having regard to its resolution of 10 March 2021 with recommendations to the Commission on corporate due diligence and corporate accountability (13),

having regard to its resolution of 16 December 2020 on a new strategy for European SMEs (14),

having regard to its resolution of 25 November 2020 on a New Industrial Strategy for Europe (15),

having regard to its resolution of 10 February 2021 on the New Circular Economy Action Plan (16),

having regard to its resolution of 17 April 2020 on EU coordinated action to combat the COVID-19 pandemic and its consequences (17),

having regard to its resolution of 15 January 2020 on the European Green Deal (18),

having regard to its resolution of 25 March 2021 entitled ‘A new EU-Africa Strategy — a partnership for sustainable and inclusive development’ (19),

having regard to its resolution of 27 April 2017 on implementation of the Mining Waste Directive (20),

having regard to the Commission proposal of 10 December 2020 for a regulation of the European Parliament and of the Council concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) 2019/1020 (COM(2020)0798),

having regard to the Commission communication of 3 September 2020 entitled ‘Critical Raw Materials Resilience: Charting a Path towards greater Security and Sustainability’ (COM(2020)0474),

having regard to the Commission communication of 5 May 2021 entitled ‘Updating the 2020 New Industrial Strategy: Building a stronger single market for Europe’s recovery’ (COM(2021)0350),

having regard to the Commission communication of 19 October 2020 entitled ‘Commission Work Programme 2021 — A Union of vitality in a world of fragility’ (COM(2020)0690),

having regard to the Commission communication of 27 May 2020 entitled ‘Europe’s moment: Repair and Prepare for the Next Generation’ (COM(2020)0456),

having regard to the Commission communication of 11 March 2020 entitled ‘A new Circular Economy Action Plan — For a cleaner and more competitive Europe’ (COM(2020)0098), and the staff working document of 11 March 2020 entitled ‘Leading the way to a global circular economy: state of play and outlook’ (SWD(2020)0100),

having regard to the Commission communication of 2 December 2015 entitled ‘Closing the loop — An EU action plan for the Circular Economy’ (COM(2015)0614),

having regard to the Commission communication of 10 March 2020 entitled ‘An SME Strategy for a sustainable and digital Europe’ (COM(2020)0103),

having regard to the Commission communication of 18 February 2021 entitled ‘Trade Policy Review — An Open, Sustainable and Assertive Trade Policy’ (COM(2021)0066),

having regard to OECD publication of 12 February 2019 entitled ‘Global Material Resources Outlook to 2060: Economic Drivers and Environmental Consequences’,

having regard to World Bank publication of 2020 entitled ‘Minerals for Climate Action: The Mineral Intensity of the Clean Energy Transition’,

having regard to the Council conclusions of 17 December 2020 on making the recovery circular and green,

having regard to the Council conclusions of 16 November 2020 entitled ‘A recovery advancing the transition towards a more dynamic, resilient and competitive European industry’,

having regard to the Council conclusions of 28 November 2019 on ‘Circular Economy in the Construction Sector’,

having regard to the Council conclusions of 4 October 2019 entitled ‘More circularity — Transition to a sustainable society’,

having regard to Rule 54 of its Rules of Procedure,

having regard to the opinions of the Committee on the Environment, Public Health and Food Safety and the Committee on International Trade,

having regard to the report of the Committee on Industry, Research and Energy (A9-0280/2021),

A.

whereas critical raw materials (CRMs) are the originators of industrial value creation and therefore have a significant effect on downstream sectors; whereas it is of strategic importance that the EU reduces its dependency, safeguards its flows, value and supply chains, and supports, fosters and digitalises ecosystems since this is the new core capacity in international (industrial) competition; whereas a comprehensive CRM strategy should incorporate high environmental and societal standards;

B.

whereas the growing population and the transition towards digital, highly energy-efficient and climate-neutral economies lead in all scenarios to significantly higher demand for CRMs (21);

C.

whereas technologies requiring CRMs will be key to ensuring the EU and the world as a whole can achieve their goals under the Paris Agreement;

D.

whereas a comprehensive EU CRM strategy should be based on high environmental, social and human rights standards, also taking into account natural mineral scarcity;

E.

whereas the EU currently provides only 1 % of the raw materials for wind energy, less than 1 % of lithium batteries, less than 1 % of fuel cells, only 2 % of the raw materials relevant to robotics and only 1 % of silicon-based photovoltaic assemblies (22);

F.

whereas the Commission communication on updating the 2020 new industrial strategy identifies 137 products and raw materials (representing 6 % of the total value of goods imported into the EU) used in sensitive ecosystems on which the EU is highly dependent — mainly in energy-intensive industries and health ecosystems — as well as other products needed to support the green and digital transition; whereas 52 % of these products are imported from the People’s Republic of China;

G.

whereas COVID-19 negatively affected global supply chains and led to CRM shortages in Europe;

H.

whereas one of the great challenges concerning CRMs in Europe is recycling; whereas the CRM recycling sector has significant job creation potential; whereas it is estimated that the traction battery recycling sector alone will create about 10 500 jobs by 2035 in the EU;

I.

whereas recycling, substitution and changing behavioural and consumption patterns have the potential to flatten CRM demand;

J.

whereas according to the United Nations University, in 2016, the total value of secondary raw materials in WEEE was estimated to be around EUR 55 billion (23); whereas, according to the same study, up to 90 % of the world’s e-waste has been illegally traded or landfilled;

K.

whereas it is evident that — also with regard to envisaged new due diligence obligations — new sustainable sourcing is required and that the potential to source materials at high sustainability standards in the EU and its neighbourhood should be exploited, while fully taking into account circular economy options such as recycling, product design, substitution and reduced use of materials;

L.

whereas the EESC opinion of 25 March 2021‘emphasises the importance of widening the definition and the paradigm of critical raw materials. Conventionally, critical raw materials have been understood as materials coming mainly from mining sector. This is too narrow scope and limits the growth of green energies. Today, wood-based materials can be efficiently used in much more applications than in the past. From textiles to new lighter and more environmentally friendly battery technologies, this is an area that is advancing with great speed. Bioeconomy has the unique possibilities of adding resilience to the EU economy and geopolitical stability for our continent. Using renewable materials would simultaneously also help mitigate climate change as it allows keeping the fossil emissions in the ground, creating green resilience to fossil sectors’;

M.

whereas, as pointed out in the opinion, ‘there are extremely few examples of raw material exports in developing countries triggering sustainable economic and social development from which broad sections of the population would have benefited. Rather, the situation often entails social exploitation and environmental pollution with usually only a few profiteers on the winning side’;

N.

whereas the supply of many CRMs is highly concentrated outside the EU, with China providing 98 % of the EU’s supply of rare earth elements (REE), Turkey providing 98 % of its supply of borate, and South Africa providing 71 % of its platinum, 92 % of its iridium, 80 % of its rhodium and 93 % of its ruthenium’ (24);

O.

whereas future scenarios indicate that for electric vehicle batteries and energy storage, the EU will need up to 18 times more lithium and five times more cobalt in 2030, and almost 60 times more lithium and 15 times more cobalt in 2050, compared to the current supply to the whole EU economy (25);

P.

whereas four sustainable lithium mining projects totalling EUR 2 billion are under way in the EU and should be in operation between 2022 and 2024; whereas they are expected to cover up to 80 % of the EU’s lithium needs in the battery sector by 2025, thus contributing directly to our strategic autonomy;

Q.

whereas shortages of CRMs are leading to increasing industrial and security concerns, especially owing to the predicted exponential increase in production, especially the production of batteries, which are essential for the transition to producing energy from renewable sources;

R.

whereas the EU needs to improve its strategic autonomy in key areas such as CRM supply, which is also crucial for increasing its capacity in defence and space matters;

S.

whereas considering that the EU will continue to rely on international supply chains to fulfil its needs for CRMs, measures to make global trade markets more transparent, effective and predictable will also play an important role;

T.

whereas the raw materials sector provides around 350 000 jobs in the EU, and more than 30 million jobs in downstream manufacturing industries that depend on it (26); whereas moving towards a more circular economy could bring a net increase of 700 000 jobs in the EU by 2030 (27);

U.

whereas mining activities potentially expose workers to harmful and hazardous conditions; whereas labour rights and protection vary greatly across the globe and at different mining sites;

V.

whereas CRMs do not appear separately, but are mixed in ore with base metals, and whereas their processing require a considerable amount of energy; whereas competitiveness and profitability of production is therefore determined by the availability of stable and affordable energy, as well as the identification and development of relevant methods, procedures and technologies;

W.

whereas in its report entitled ‘Growth without economic growth’, the European Environment Agency says that economic growth is closely linked to increased production, consumption and use of resources, with negative effects on nature, climate and human health and that current research suggests that it is unlikely economic growth can be completely divorced from its environmental impacts;

Challenges and opportunities

1.

Considers that an integrated approach throughout the value chain, from waste collection and product design for recyclability to material recovery, is an essential strategy to increase CRM supply; regrets, however, that waste collection and product design have a low technology readiness level; stresses that only focusing on recycling will not be sufficient to meet increasing CRM demand; notes that although CRM substitution has limitations in terms of product efficiency, it is an inherent goal of affected industries and respective research projects because of high prices and dependency, and can help to address CRM sufficiency challenges; stresses the need for continuous efforts in and support for research and innovation regarding the recycling and substitution of CRMs and product design;

2.

Stresses that CRM sourcing is tied to geographic location, which to date has been highly dependent on fossil energy, and at risk of indirect and direct carbon leakage and exposure to unfair competition; notes that CRM sourcing is often associated with potentially significant environmental impacts such as biodiversity loss or the contamination of air, soil and water, and potential conflicts with local communities; stresses the need for a transition to renewable energy in the mining and refining sectors; notes, therefore, the need for an active industry policy to support the sector in its transformation with access to affordable sources of clean energy; further notes the favourable circumstances for low-emission and sustainable mining activities in the EU and asks for sourcing possibilities in CRM-rich Member States to be further explored;

3.

Warns that the EU’s transition to climate neutrality should not replace reliance on fossil fuels with reliance on raw materials; stresses that the transition should decrease the EU’s dependence on imported CRMs; further stresses the role that innovation, new technologies, the minimisation of resource consumption and the maintenance and reuse valuable raw materials within the EU can play in reducing dependence on CRMs;

4.

Notes that the development and future large-scale deployment of technologies, including emerging digital applications, renewable electricity generation and batteries for electric vehicles and light means of transport, will boost demand for certain CRMs and other raw materials; calls for it to be taken into account that rising climate and digital ambitions by countries increases competition in global markets and puts an additional strain on the security of their supply in Europe;

5.

Calls on the Commission to carefully review the criticality assessment methodology before 2023, ahead of the publication of the next list of CRMs, in order to assess whether the list needs broadening, taking into account the development of the international situation related to CRMs, scenarios for future demand for CRMs and other raw materials, and social and ecological criteria based on the UN Guiding Principles on business and human rights and the SDGs, to get a broader picture of extraction conditions across the globe; further calls on the Commission to duly take into account all environmental externalities related to extraction and processing in its supply risk analysis; also calls for a comprehensive debate involving all stakeholders;

6.

Calls on the Commission to pay attention not only to CRMs but also to the potential criticality of other raw materials needed for strong supply chains, the continuity of production and the twin transition, and their availability from EU sources, also taking into account natural mineral scarcity; underlines that, in addition to specialised minerals, ‘commonly produced’ raw materials such as copper, helium and nickel are also becoming critical as demand for them increases in a climate-neutral society;

7.

Asks the Commission to take a holistic approach when assessing the implications of several low-carbon, renewable and digital technologies competing for the same CRMs and to examine critical supply chains, also with regard to the needs of individual sectors; stresses the importance of ensuring that the energy-efficiency-first principle, zero emissions and resource-efficient solutions prevail;

8.

Asks the Commission to make sure that national resilience and recovery plans under NextGenerationEU tackle the challenges linked to economically, environmentally and socially sustainable CRM supply; asks the Member States to invest more in CRM recycling and include CRM requirements, sources of supply and costs in their strategic recovery plans;

9.

Calls for investment in the training and reskilling of workers, including through the Just Transition Mechanism, as mining skills can be transferred to metal and mineral exploitation, processing and recycling, preferably in the same regions; calls on the Commission to ensure that respective funding also addresses the social, employment and environmental impacts of the transition in former mining areas;

10.

Calls on the Commission and the Member States to create, as soon as possible, an Important Project of Common European Interest (IPCEI) on CRMs to strategically and sustainably plan for our demand for the twin transition, covering requirements, sources of supply and (social, environmental and financial) costs; stresses that the IPCEI should cover all the relevant topics in order to reduce criticality and dependence, such as recycling, reuse, substitution, reduction of material use and mining; highlights that these projects should unlock the unfulfilled potential in CRM-rich EU countries that have large untapped sources;

11.

Calls on the Commission to promote research and development on and skills and competencies relating to CRMs for small and medium-sized enterprises (SMEs) as a growth strategy for EU high-tech technologies such as lithium-ion batteries, fuel cells, wind turbines, electric traction motors, photovoltaic technology, robotics, drones, 3D printing and a broad range of digital technologies and medical devices;

12.

Calls on the Commission to conduct a comprehensive, scientific and evidence-based impact assessment to determine the minimum volumes of CRMs of strategic importance required for the twin transition;

13.

Notes that for the EU, reliable and fully operational value chains, including prospecting and recycling, play a key role and are a prerequisite for achieving the goals of the European Green Deal, the EU industrial strategy and the twin transition and for securing its future industrial competitiveness and innovation capacity;

14.

Believes that funding opportunities for the sustainable production, processing or recycling of all CRMs listed in the Commission communication on critical raw materials resilience is indispensable;

15.

Calls on the Commission to propose science-based sustainability criteria for defining what constitutes a sustainable investment in the mining sector under the Taxonomy Regulation; emphasises the need to enable the EU mining industry to contribute to the twin green and digital transitions;

16.

Calls for EU support and funding for the technological development of CRMs to improve efficiency, substitution, recycling processes and closed material cycles; underlines, in particular, the need for specific financial instruments and targeted research and innovation (R&I) funds for recycling processes and welcomes the proposal to promote, in 2021, CRM research and innovation on waste processing, advanced materials and substitution under Horizon Europe, the European Regional Development Fund and national R&I programmes; further stresses the importance of R&I for increasing the feasibility of refining processes, especially of mine tailings and in small-scale mines; calls on the Commission to introduce support schemes encouraging innovation in new mining techniques and new small-scale mining projects; calls for the development of new and innovative technologies in the field of sustainable CRM mining in the EU;

17.

Calls on the Commission, the European Investment Bank and the other EU institutions, in cooperation with international partners, to provide technical and strategic financial support for long-term strategic CRM investment projects, including to find new tools for sharing risks in the mining sector, and to promote and support investments in research on sustainable CRM sourcing and processing and on refining sites, to make them compliant with EU rules and high social and environmental standards, thereby ensuring a level playing field;

Strategic autonomy and resilience

18.

Welcomes the creation of the European Raw Materials Alliance (ERMA), and, in the light of the geopolitical situation worldwide and potential trade tensions with rich non-EU producer countries, its current focus on the most critical CRMs, namely REE and magnets, and on quantitative domestic and non-EU sourcing targets, with the aim of supporting long-term supply relationships for a huge range of small and large manufacturers in the EU and reducing the current reliance on a few non-EU countries; underlines ERMA’s role as an ‘investment pipeline’ and encourages it to further engage on pre-assessments to unlock public and private investments for environmentally assessed and sustainable CRM projects;

19.

Considers it important to further develop ERMA, mainly with regard to materials which are of great importance for the twin transition, like CRMs needed for energy storage and conversion;

20.

Welcomes the Commission’s intention to launch a monitoring system, through the future Observatory of Critical Technologies, of current dependencies and the risks of future technological dependencies, and calls for close cooperation between the observatory and those working to monitor demand for CRMs;

21.

Regrets that the creation of strategic stockpiling is not yet part of the action plan and calls on the Commission to also focus on securing supplies of CRMs in the EU by encouraging Member States to carry out strategic stockpiling as part of a coordinated approach, where analysis deems it appropriate; believes that strategic stockpiling in combination with other strategic measures contributes to reducing CRM dependencies; underlines that increasing availability should go hand in hand with a decrease in demand by looking at the entire value chain — design, operation and end of life;

22.

Believes that awareness of possible scarcity problems with CRMs is too low and should be improved; calls on the Commission to expand ERMA in order to increase cooperation between industrial actors throughout the value chain, Member States, regions and non-EU countries, trade unions, civil society, research and technology organisations, investors and non-governmental organisations within the sectors of the EU economy most affected by bottlenecks in CRM supply, either through the framework offered by ERMA or by forming sector-specific industry and stakeholder alliances; emphasises the employment potential of domestic projects and therefore calls for a comprehensive social dialogue to be promoted; stresses, in this regard, the urgent need for closer partnerships between CRM actors, especially in mining regions, and downstream users, notably other industrial alliances, and for common awareness and an obligation to ensure value chains are sustainable and circular;

23.

Believes that more coordination and joint efforts are necessary to develop resilient supply chains to meet the demand for current and future CRMs for the EU’s industrial needs, in order to avoid supply chain disruptions, reduce dependency and maintain high social and environmental standards; calls on the Commission to ensure that, in the EU, the assessment of imports and exports and global supply of and demand for CRMs, the coordination of stockpiling and the monitoring of CRM sourcing are implemented in a coherent and cohesive way, for example by establishing a CRM taskforce;

24.

Asks the Commission to diversify supply chains for both primary and secondary sources and calls for better transparency regarding information on supply chains;

25.

Notes that increasing tensions between major powers have exposed strategic vulnerabilities for the EU, particularly in securing key resources including CRMs and processed material; further notes that monitoring commodity dependencies and securing access to CRMs can ensure the greater resilience of sustainable supply chains; notes that in the transition to a circular economy, particular attention should be paid to key supply chains where the EU’s dependence on CRMs is particularly high;

26.

Reiterates the circular economy potential of optimised use of products and services; calls on the Commission and the Member States to support new sustainable and circular business models in the new sustainable products initiative, including product-as-a-service, provided they save resources, reduce environmental impacts and guarantee consumer protection; calls on the Commission and the Member States to facilitate these approaches by introducing regulatory frameworks;

27.

Considers it important to support a circular economy approach throughout the value chain, from design to material recovery, of the key technologies for the energy, digital and mobility transitions, such as wind plants, solar plants, battery production, electric mobility and smart grids; calls on the Commission to make the transition to a circular economy a priority, reducing the EU’s import dependence, improving resource efficiency, optimising resource consumption and keeping and reusing valuable raw materials within the EU; recalls its demand in its resolution on the New Circular Economy Action Plan to consider proposing, based on a comprehensive impact assessment, clear and easily understandable harmonised labelling on durability, which could take the form of an index, and reparability, which could take the form of a uniform repair score;

28.

Calls on the Commission to strengthen cooperation with non-EU countries on the sustainable sourcing of CRMs, particularly like-minded partners, as well as in its engagement at the World Trade Organization (WTO);

Closing material loops

29.

Underlines the need to build well-functioning secondary CRM markets in order to guarantee constant secondary CRM flows to strengthen the EU’s industrial ecosystems and to keep jobs in the manufacturing sector; calls, in this regard, on the Commission to examine the balance of imports and exports of secondary CRMs in the EU and to rapidly establish a market observatory for key secondary materials, including CRMs; stresses that CRM treatment in non-EU countries needs to comply with EU standards; notes that there is no one-size-fits-all approach; stresses that the achievement of clean and safe material cycles is a prerequisite for the creation of a credible secondary raw materials market in the EU;

30.

Welcomes the proposal to map the potential supply of secondary CRMs from EU stocks, waste and the processing of by-products; encourages the Commission to make this mapping exercise a priority and carry it out earlier than envisaged; encourages the Commission, furthermore, to extend it to current available technologies used to decrease demand for CRMs and increase the reuse of CRMs in the supply chain; stresses the need to encourage the introduction of collaborative instruments for the CRM market, such as an EU raw materials platform, which should also cover circulating product fluxes and their trends, in order to evaluate which secondary materials can be recycled;

31.

Calls on the Commission and the Member States to unlock the potential of secondary processing projects through specific incentives, including expedited licensing, and to provide incentives for recovering CRMs to ensure reliable, secure and sustainable access to them;

32.

Notes the importance of waste recycling given the significant presence of CRMs in electrical and electronic equipment; notes that the increase in recycled volumes might not be sufficient in the long term to reduce mining; further notes that by moving towards a more circular economy, 700 000 jobs (28) could be created, especially additional jobs in recycling plants and repair services; notes that disassembly and recycling is a major opportunity to bring industrial jobs back to the EU; further highlights that the development of recycling can be used to respond to future raw material needs;

33.

Notes that the share of collected recyclable lithium-ion traction batteries is expected to grow markedly by the mid-2030s, thus creating a significant secondary source of supply;

34.

Notes that for industrial CRM recycling processes to be successful, massive private and public investment is still needed in sorting, pre-processing and recovery infrastructure, in innovation, research and the scaling up of technologies, and in skills, which will provide job opportunities that are projected to vastly increase in the coming decades; calls on the Commission to provide incentives for the recycling and recovery of CRMs from mining, processing and commercial waste streams to ensure reliable, secure and sustainable access to them;

35.

Encourages the Commission to propose minimum recycled CRM content targets and dedicated CRM recycling targets accompanied by a robust monitoring framework, drawing inspiration from the proposal for a regulation concerning batteries and waste batteries and based on a comprehensive, scientific and evidence-based impact assessment assessing the minimum volumes of CRMs required for products that will facilitate the twin transition, the percentage of this demand that could be covered via recycling in line with existing assessments, and the availability of the necessary technology; notes that any reduction targets for primary raw materials should not lead to the overall raw material yield dipping below these minimum volumes;

36.

Recognises that brownfield sites (industrial waste dumps and mine tailing dams) often contain discarded CRMs, REE and other minerals and metals used in technology products; therefore encourages the documentation, evaluation, and extraction of the valuable materials found on these brownfield sites, wherever possible and practicable; underlines the need for improved refining technologies to be covered under the relevant research, development and innovation funding mechanisms to unlock this potential;

37.

Underlines that stronger controls for EU exports of key CRM waste products are needed and that a level playing field for recycling operators who meet the necessary standards for safe and efficient recovery needs to be established; calls on the Commission, when it revises the Waste Shipment Regulation, to prevent the illegal export of waste products containing CRMs; calls for the setting of requirements that only allow waste products containing CRMs to be exported with a guarantee that they will be processed in the destination country under conditions equivalent to EU social and environmental standards;

38.

Calls on the Commission and the Member States to enhance efforts to properly collect and recycle end-of-life-products with CRMs instead of stockpiling them in households or landfills or incinerating them;

39.

Asks the Commission to propose product design measures, tailored to different product categories, for the easy identification and removal of parts or components containing CRMs, especially with regard to post-consumer waste, in addition to eco-design requirements to significantly improve the longevity, durability, reparability, modularity, reusability and recyclability of end-of-life products manufactured or sold in the EU; stresses that these measures should create competitive advantages for EU businesses, should not place a disproportionate financial burden on them, and should trigger innovation;

40.

Believes that substitution is helpful where a CRM could be substituted by an abundant material, but has little benefit if the substitute itself is not sustainable, leaves the finite nature of resources unaddressed, is critical or might become so because of the substitution; recognises the importance of maintaining the quality performance of the products and their economic viability; calls on the Commission to encourage and increase research on and innovation of substitutes for CRMs for different uses;

Sourcing from the EU

41.

Notes that while smart product design, the reuse of materials, substitution with recycled materials and promoting the reduction of materials and consumption footprints can significantly reduce primary demand, and its potential should be fully exploited, responsible and sustainable CRM sourcing with prior impact assessment to mitigate potential social and environmental impacts is needed when CRM supply cannot be kept economically viable by the measures mentioned or would lead to lower quality products;

42.

Highlights that primary and secondary sourcing in the EU is subject to the highest environmental and social standards worldwide, which have to be properly enforced, provides thousands of highly qualified jobs and is an indispensable prerequisite for the green and digital transitions; calls, therefore, on all actors to promote responsible and sustainable CRM sourcing projects in the EU to support local production and raise awareness of the environmental footprints of imports of CRMs from outside the EU; considers that this must be set through an open, transparent and science-based process, with the early involvement of relevant stakeholders and local communities;

43.

Strongly believes that responsible sourcing in the EU can only be based on an effective social dialogue promoting the health and safety of workers, securing decent jobs and working conditions and protecting workers’ rights by promoting gender equality; calls on the Member States to ensure workers in this sector are protected with appropriate personal protective equipment;

44.

Notes the opportunity to develop a responsible and sustainable battery value chain by sourcing CRMs such as graphite, cobalt and lithium from new facilities in the EU;

45.

Notes the Commission’s plan to roll out earth observation programmes and remote sensing for resource exploration, operations and post-closure environmental management; points out that in-service regulatory oversight can be enhanced with the use of remote sensing methods;

46.

Notes that the reorientation towards the circular economy in many EU industries and services requires specific skills and competencies to ensure high environmental performance and worker safety, and emphasises the specific role that first movers, SMEs and start-ups are playing in this transition; further notes that the mining sector is being increasingly automated, while recycling and remanufacturing are still more labour-intensive; underlines the importance of maintaining, developing and building up relevant expertise and skills in mining and processing technologies as well as recycling and other relevant technologies in the EU in relation to both CRMs and by-products, as some of them can be used for the production of highly advanced chemical products; notes with regret that raw materials currently mined in the EU often need to be exported to Asia for refining, as the relevant know-how and technology have been lost in the EU, which constitutes another dependency;

47.

Calls on the Commission to request that industrial side streams containing CRMs be effectively used; underlines that especially in the mining industry, there is a great deal of potential for the recovery and separation of rare earths;

48.

Notes the important role of Member States in increasing the sustainable domestic supply of CRMs from primary and secondary sources; calls on the Member States to improve the timeliness, predictability and transparency of the authorisation processes for prospecting and sourcing projects without lowering environmental and social standards;

49.

Calls on the Commission and the Member States to make sure that sustainable CRM sourcing is based on an approach diligently balancing both the EU’s increased need for sustainably sourced CRMs and the need to protect nature and biodiversity;

50.

Highlights that improved and more flexible predictability and efficiency, as well as prioritising key enablers such as a competitive renewable and transitional low-carbon energy supply, will help to unlock necessary investments;

51.

Expects the Commission to provide further details on the operationalisation of CRM projects as an alternative business model and a source of regional employment in coal mining and other regions in transition;

Diversification

52.

Urges the Commission to foster relations with all existing CRM supplier countries of the EU, to systematically and strategically build new CRM partnerships, in cooperation with our allies, where possible, taking into account the sovereignty of non-EU countries over their resources, so as to ensure that CRM becomes a source of welfare for developing countries, to promote the participation of SMEs and make this endeavour a horizontal task of its external and internal policies, and to present the results in 2021; welcomes the Commission’s plans to establish strong and supportive international partnerships by endorsing a global agenda on raw materials, aiming for EU strategic partnerships that ensure both security of supply and development benefits;

53.

Stresses that if the European Green Deal simply displaces the EU’s greenhouse gas emissions to its trading partners, it will have no impact at all on climate change; urges the EU, therefore, to push for enforceable multilateral agreements on containing global warming and exporting its environmental standards, including for sourcing and processing; considers that the EU will need to develop new trade and investment agreements, new models of financial and technical assistance and, more generally, a new approach to international diplomacy aimed at ensuring a level playing field;

54.

Welcomes the EU’s commitment to responsible and sustainable sourcing and encourages the Commission to take the standard for responsible mining developed by the Initiative for Responsible Mining Assurance as a starting point, taking into consideration the needs of SMEs; stresses the need to underpin this commitment with concrete technical support, knowledge transfer, building of skills, institutions and legal frameworks, institution-building and political dialogue with partner countries; stresses the need for homogeneous policies related to ethical standards for CRM sourcing; stresses the need to mobilise more state and private actors to also subscribe to and implement sustainability standards;

55.

Welcomes the Commission’s public commitment to introducing a legislative proposal on corporate due diligence and corporate accountability in 2021, and insists that this legislation contribute to addressing human rights abuses and social and environmental standards in value chains; recalls its resolution with recommendations to the Commission on corporate due diligence and corporate accountability;

56.

Believes that international agreements should pave the way for more responsible and sustainable sourcing globally; calls for enhanced cooperation to develop international agreements for better monitoring, notification and implementation of CRM export restrictions to promote responsible sourcing and increase circularity in this sector;

57.

Reiterates its call in its resolution on a new EU-Africa Strategy for fair and sustainable exploitation of CRMs in Africa; supports the Commission in its endeavours to conclude new CRM partnerships with African countries to strengthen the value chain in Africa to make it ethically, environmentally and technologically more sustainable and enable EU support for capacity building;

58.

Calls on the Commission to strengthen standardisation activities with regard to CRM-related high-quality components in relevant international fora, since this is important for EU companies, in particular SMEs;

59.

Calls for the scaling up of sustainable agricultural practices beneficial to sustainable phosphorus management; highlights the synergies of such practices with reduced climate and biodiversity footprints;

60.

Asks the Commission to propose effective EU-wide collection scheme rules to increase collection rates of waste products containing CRMs; calls on the Commission to assess, among other options for extended producer responsibility, introducing deposit refund schemes in EU waste legislation, in particular in the WEEE Directive, taking into account the characteristics of different products, while ensuring the schemes are compatible across Member States, in order to incentivise consumers to bring their end-of-life electrical and electronic equipment — particularly small items — to dedicated collection and recycling facilities, building on positive experience from deposit refund schemes for glass and plastics in many Member States;

61.

Regrets that the low level of recycling in some uses (29) and the export of aluminium waste and scrap (30) have led to a lower end-of-life recycling input rate (EOL-RIR) than could have otherwise been achieved; stresses that the EU should aim to put in place measures to achieve 100 % EOL-RIR for aluminium;

62.

Calls on the Commission to prioritise CRM extraction from existing domestic mines — i.e. from mine tailings, waste rock, landfills and through more effective urban mining — in preference to new mining, if sustainable, i.e. if the environmental impacts, including from energy and chemical use, are smaller; stresses that this extraction and subsequent restoration must be carried out using the best available techniques, guaranteeing best ecological performance and economic viability;

63.

Calls on the Commission to pay particular attention to the post-extraction phase of mining projects and the end-of-life phase of CRMs, in accordance with the waste hierarchy established in the Waste Framework Directive, and especially where CRMs are also hazardous substances;

64.

Believes that mining permits and concessions should include requirements for the safe, efficient and sustainable recovery and processing of all economically and technically recoverable CRMs; asks the Commission to urgently implement Parliament’s demands in its resolution on implementation of the Mining Waste Directive; reiterates that the questionnaire currently used as a reporting system under Article 18 of the directive is not fit for purpose, and asks the Commission to create a harmonised, digitised and transparent EU registration system that is based on harmonised definitions of and treatment criteria for mining waste and that includes all the relevant environmental impact data, including the content concentrations of waste deposits;

65.

Calls on the Commission to tighten enforcement and ensure full implementation of current EU environmental legislation and to propose amendments to legislation where necessary;

66.

Encourages a comprehensive assessment of the mining sector’s inclusion in the scope of the Industrial Emissions Directive given the high environmental impact of mining activities, the on-average large size of mining projects, the variations in the pollution management standards applied in mining sites across the EU, and the potential expansion of CRM mining activities in the EU; suggests that best available techniques be identified for mine restoration specifically relating to soil and water;

67.

Encourages the Commission to review the Environmental Impact Assessment Directive to ensure that an environmental impact assessment is carried out for mining projects of all sizes, and that these assessments are performed by an independent third party;

68.

Considers that mining emissions and CRM imports should be covered by the future carbon border adjustment mechanism;

69.

Notes the challenges and risks associated with mining in protected areas, i.e. Natura 2000 areas, and believes that mining in these areas should remain tightly restricted; underlines that mining in protected areas is subject to the conditions laid down in the Birds and Habitats Directives and stresses that any new mining or extractive project must undergo a thorough environmental impact assessment in order to minimise its environmental impact; calls on the Member States and the mining industry, in line with the polluter pays principle, to take appropriate conservation measures to maintain and restore to a favourable conservation status the habitats and species for which the site has been designated; highlights, in this regard, the Commission’s guidance document on non-energy mineral extraction in relation to Natura 2000 (31) as well as its respective case studies and best practices;

70.

Recalls the Commission’s commitment to ensure marine minerals in the international seabed cannot be extracted or used before the effects of deep sea mining on the marine environment, biodiversity and human activities have been sufficiently researched, the risks are understood, and it is proven that the technologies and operational practices do no serious harm to the environment, in line with the precautionary principle, and calls for Parliament and the Council to make the same commitment; encourages the Commission to translate this commitment into concrete actions to protect these highly vulnerable ecosystems;

71.

Calls on the Commission to consider legislative options in line with the Espoo and Aarhus Conventions to ensure that local authorities adopt and enforce the right of local communities to effective and inclusive participation in permit procedures for new mining prospecting and extraction projects, throughout all stages of mining projects and when permit requests for the extension of existing mines are submitted, and to ensure that local communities have the right of recourse to effective redress mechanisms governed by independent courts and oversight bodies free from any conflict of interest;

72.

Welcomes the emphasis on CRMs in the Commission’s communication on the Trade Policy Review; calls for an assertive trade policy emphasising the diversification and resilience of supply chains, and prioritising the improvement of global and EU mechanisms to create a favourable trade environment for EU industry;

73.

Stresses that EU industry faces fierce international competition for access to raw materials and is vulnerable to export restriction measures by non-EU countries; acknowledges that a global increase in demand is likely to lead to an increase in prices and encourages the Commission to present an analysis of this point;

74.

Calls on the Commission to diversify the supply sources of CRMs as much as possible, increase resource efficiency and reduce current reliance on a few non-EU countries by supporting investment which engages EU and global partners and SMEs as a part of a long-term international sourcing strategy; stresses that this goal should be achieved by strengthening existing partnerships and trade agreements and building new strategic agreements or EU joint ventures with resource-rich and other like-minded sourcing countries, in accordance with clearly defined priorities; welcomes in that sense the ongoing dialogue with Canada, Australia and Chile, aiming to strengthen trade relations in the area of CRMs; calls on the Commission to further reinforce cooperation during the next EU-US-Japan Conference on Critical Materials; emphasises the need for closer cooperation with key international suppliers in the Western Balkans, eastern Europe, Latin America and Africa, as well as with China and other developing countries in the global south;

75.

Underlines that future EU free trade and partnership agreements can provide not only greater supply security but also a reliable political and economic framework, and that they should include specific provisions on CRMs, as announced by the Commission in its Trade for All Strategy, in order to promote cooperation, ensure compliance with international commitments, eliminate and avoid export restrictions and comply with the current rules for pre- and post-establishment of foreign direct investments; calls on the Commission to further enhance the monitoring and enforcement of free trade agreements, including trade and sustainable development chapters, to ensure that commitments and provisions on the responsible sourcing of CRMs are defined and are met by trading partners and that the possible concerns of communities affected by extractive activities are considered; underlines that this should be among the priority tasks of the Chief Trade Enforcement Officer;

76.

Calls on the Commission to launch a discussion at the WTO on the constraints placed on the scaling up of a circular economy by local content requirement measures, to build a stronger partnership with different world regions, in particular Africa, and to ensure that free trade agreements reflect the enhanced objectives of the circular economy;

77.

Calls for rules of origin to be used in a stricter way to safeguard raw material production and prevent circumvention in regions where operators are subject to less stringent sustainability and industrial subsidy requirements; underlines that any new sourcing activities by companies operating in the EU market have to be consistent with the Conflict Minerals Regulation, the rules on responsible sourcing described in the Non-Financial Reporting Directive and international standards for responsible commodity sourcing; calls for a ban on the import of CRMs linked to human and workers’ rights violations such as forced labour or child labour;

78.

Underlines that a fully functioning rules-based multilateral trading system is key to ensuring open and sustainable trade flows of CRMs; expresses concern at the use of export restrictions on CRMs by some WTO members, including China, and urges all members to refrain from pursuing such policies; calls on the Commission, therefore, to use international fora to curtail such distortive export restrictions on CRMs; renews its call on the Commission, in this regard, to redouble its efforts to achieve an ambitious reform of the WTO in order to fight distortions of international trade and unfair trade practices, provide a stable and predictable international trading environment and guarantee fair and effective competition worldwide;

79.

Welcomes the Joint Statement of the Trilateral Meeting of the Trade Ministers of Japan, the US and the Commission, and supports the proposed definition of industrial subsidies; welcomes the fact that the definition extends beyond those set out in the WTO Agreement on Subsidies and Countervailing Measures and the EU Anti-Subsidy Regulation, and provides a broader definition of a subsidy; believes that such measures are crucial in levelling the international playing field in the area of CRMs, as industrial subsidies, particularly in China, pose a serious threat to EU industry and workers since they distort international competition;

80.

Welcomes the joint EU-US initiative on addressing global steel and aluminium excess capacity and calls for comprehensive and expeditious measures to hold to account countries such as China that support trade-distorting policies; reminds the Commission, however, that for the time being the US Section 232 tariffs remain in full force and that this issue must urgently be resolved;

81.

Agrees with the Commission’s assessment that shifting EU import payments for CRMs from other international currencies to the euro would have some advantages, such as reducing price volatility and helping to make EU importers and non-EU exporters less dependent on US dollar funding markets;

o

o o

82.

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

(1)  OJ L 198, 22.6.2020, p. 13.

(2)  OJ L 190, 12.7.2006, p. 1.

(3)  OJ L 130, 19.5.2017, p. 1.

(4)  OJ L 176, 30.6.2016, p. 55.

(5)  OJ L 197, 24.7.2012, p. 38.

(6)  OJ L 312, 22.11.2008, p. 3.

(7)  OJ L 102, 11.4.2006, p. 15.

(8)  OJ L 334, 17.12.2010, p. 17.

(9)  OJ L 124, 25.4.2014, p. 1.

(10)  OJ L 20, 26.1.2010, p. 7.

(11)  OJ L 206, 22.7.1992, p. 7.

(12)  OJ L 330, 15.11.2014, p. 1.

(13)  Texts adopted, P9_TA(2021)0073.

(14)  Texts adopted, P9_TA(2020)0359.

(15)  Texts adopted, P9_TA(2020)0321.

(16)  Texts adopted, P9_TA(2021)0040.

(17)  Texts adopted, P9_TA(2020)0054.

(18)  Texts adopted, P9_TA(2020)0005.

(19)  Texts adopted, P9_TA(2021)0108.

(20)  OJ C 298, 23.8.2018, p. 132.

(21)  World Bank, Minerals for Climate Action: The Mineral Intensity of the Clean Energy Transition; European Commission foresight study; OECD, Global Material Resources Outlook to 2060: Economic Drivers and Environmental Consequences.

(22)  Commission foresight study.

(23)  Baldé, C.P., Forti V., Gray, V., Kuehr, R., Stegmann, P. The Global E-waste Monitor — 2017, United Nations University, International Telecommunication Union & International Solid Waste Association, Bonn/Geneva/Vienna, 2017.

(24)  Commission communication entitled ‘Critical Raw Materials Resilience: Charting a Path towards greater Security and Sustainability’.

(25)  Commission communication entitled ‘Critical Raw Materials Resilience: Charting a Path towards greater Security and Sustainability’.

(26)  EESC opinion of 25 March 2021.

(27)  Commission communication of 2020 entitled ‘Critical Raw Materials Resilience: Charting a Path towards greater Security and Sustainability’.

(28)  Commission communication entitled ‘Critical Raw Materials Resilience: Charting a Path towards greater Security and Sustainability’.

(29)  While EOL-RIR in Europe for aluminium used in transport and buildings was over 90 %, only 60 % of the aluminium used in packaging was recycled in 2013.

(30)  ‘If the EU had processed domestically the flow of aluminium waste and scrap exported in 2015, the EoL-RIR would have increased to 16 %’ (Passarini et al., 2018), from the Commission Study on the EU’s list of Critical Raw Materials.

(31)  Directorate-General for Environment, ‘Guidance document on non-energy mineral extraction and Natura 2000: a summary’, European Commission, Brussels, 2019.


8.6.2022   

EN

Official Journal of the European Union

C 224/37


P9_TA(2021)0469

The revision of the Financial Regulation in view of the entry into force of the 2021-2027 multiannual financial framework

European Parliament resolution of 24 November 2021 on the revision of the Financial Regulation in view of the entry into force of the 2021-2027 multiannual financial framework (2021/2162(INI))

(2022/C 224/04)

The European Parliament,

having regard to Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (1) (‘the Financial Regulation’),

having regard to Council Regulation (EU, Euratom) 2020/2093 of 17 December 2020 laying down the multiannual financial framework for the years 2021 to 2027 (2),

having regard to Council Decision (EU, Euratom) 2020/2053 of 14 December 2020 on the system of own resources of the European Union and repealing Decision 2014/335/EU, Euratom (3),

having regard to Council Regulation (EU) 2020/2094 of 14 December 2020 establishing a European Union Recovery Instrument to support the recovery in the aftermath of the COVID-19 crisis (4),

having regard to Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council of 16 December 2020 on a general regime of conditionality for the protection of the Union budget (5) (‘the Conditionality Regulation’),

having regard to Regulation (EU) 2021/241 of the European Parliament and of the Council of 12 February 2021 establishing the Recovery and Resilience Facility (6),

having regard to the Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources (7) (‘the IIA’),

having regard to the Joint Declaration of the European Parliament, the Council and the Commission on reassessing the external assigned revenue and borrowing and lending provisions in the Financial Regulation (8) (‘the Joint Declaration’),

having regard to the roadmap for a targeted revision of the Financial Regulation published by the Commission on 19 March 2021,

having regard to its resolution of 17 December 2020 on the Multiannual Financial Framework 2021-2027, the Interinstitutional Agreement, the EU Recovery Instrument and the Rule of Law Regulation (9),

having regard to its resolution of 25 March 2021 on the application of Regulation (EU, Euratom) 2020/2092, the rule-of-law conditionality mechanism (10),

having regard to its resolution of 10 June 2021 on the rule of law situation in the European Union and the application of the Conditionality Regulation (EU, Euratom) 2020/2092 (11),

having regard to its motion for a resolution of 27 May 2021 on the review of the Financial Regulation and the Commission’s guidelines on public procurement for policy-related service contracts,

having regard to the Commission notice of 9 April 2021 on guidance on the avoidance and management of conflicts of interest under the Financial Regulation (12),

having regard to the 2030 Agenda for Sustainable Development, adopted in September 2015 and in force since 1 January 2016,

having regard to the Commission communication of 10 March 2020 on an SME strategy for a sustainable and digital Europe (COM(2020)0103),

having regard to the Commission communication of 5 May 2021 entitled ‘Updating the 2020 New Industry Strategy: Building a stronger Single Market for Europe's recovery’ (COM(2021)0350),

having regard to the Commission communication of 29 April 2021 entitled ‘Better regulation: Joining forces to make better laws’ (COM(2021)0219),

having regard to the study requested by its Committee on Budgetary Control and drawn up by the Policy Department for Budgetary Affairs of its Directorate-General for Internal Policies in May 2021 on the largest 50 beneficiaries in each EU Member State of common agricultural policy and Cohesion Funds,

having regard to Rule 54 of its Rules of Procedure,

having regard to the joint deliberations of the Committee on Budgets and the Committee on Budgetary Control under Rule 58 of the Rules of Procedure,

having regard to the letter from the Committee on Agriculture and Rural Development,

having regard to the report of the Committee on Budgets and the Committee on Budgetary Control (A9-0295/2021),

A.

whereas, following the entry into force of the multiannual financial framework (MFF) for 2021-2027, the Commission published a roadmap and launched a public consultation with a view to aligning the Financial Regulation, where appropriate, with the rules agreed by the legislator as part of the MFF 2021-2027 package, and to proposing limited and targeted improvements required by the evolving situation, for instance following the COVID-19 crisis or in the context of the growing opportunities for digitalisation;

B.

whereas, against the background of NextGenerationEU (NGEU), Parliament, the Council and the Commission agreed in the Joint Declaration that the provisions on the external assigned revenue, in particular as referred to in Article 21(5) of the Financial Regulation, and the provisions on reporting on borrowing and lending operations, would be assessed and, as appropriate, revised in the framework of the next revision of the Financial Regulation; whereas the three institutions acknowledged that the existing rules on audits and discharge procedure apply to assigned revenue;

C.

whereas the absorption rate under the 2014-2020 MFF was too low and needs to be improved, especially from the perspective of small and medium-sized enterprises (SMEs), by refining and strengthening the decision-making and allocation processes and the principles and procedures that govern the establishment, implementation and control of the EU budget;

D.

whereas the revision of the Financial Regulation should take into account the Union’s security interests, including key infrastructure and telecommunications projects, with a focus on the eligibility criteria required to apply for and receive EU funding;

E.

whereas respect for the rule of law is an essential precondition for compliance with the principles of sound financial management;

F.

whereas an impact assessment was not conducted even if, as recalled by the European Court of Auditors, it could have provided clear information on the accessibility of EU funds to citizens in view of the revision of the Financial Regulation;

1.

Notes that the upcoming revision of the Financial Regulation is needed as a consequence of the entry into force of the MFF 2021-2027 package, including NGEU, which not only updates legal provisions but also contains significant innovations within the budgetary system, and to ensure the proper implementation of the IIA;

2.

Believes that the revision should seek to modernise the rules applicable to the EU budget in line with its latest evolutions and in line with the budgetary principles and respect for Union values, and to increase parliamentary oversight, democratic accountability, transparency, civic engagement and the ability to respond to citizens’ needs quickly and effectively, particularly at times of crisis;

3.

Is of the opinion that, while a global overhaul of the rules applicable to the budget is not needed at this time, the Financial Regulation must be subject to targeted improvements and simplifications, in particular where they increase transparency, accountability and democratic scrutiny and improve the implementation of the EU budget;

4.

Believes that the main objectives of the revision of the EU financial rules should include reinforcing the protection of the Union’s financial interests, ensuring alignment with the rule-of-law conditionality, strengthening public procurement rules to avoid any potential conflict of interests and increase transparency, reducing the administrative burden for beneficiaries, strengthening the efficacy of spending with a view to achieving greater European added value and increasing access to EU funding for citizens, SMEs and local and regional authorities;

5.

Believes that, as a matter of principle, the same level of protection should be guaranteed for the whole EU budget, regardless of whether it is under direct, indirect or shared management;

Democratic accountability for a modern budget

6.

Notes that the number and scope of off-budget instruments have grown significantly in the past decade, and that NGEU has taken this practice to the next level, by greatly, if temporarily, increasing the magnitude of the EU budget in the form of external assigned revenue to allow the Union to face one of the greatest challenges of its existence, and by creating liabilities until 2058 through borrowing for lending and borrowing for direct EU expenditure; warns that these developments put at risk central budgetary principles such as unity and budgetary accuracy, equilibrium and universality;

7.

Notes that the EU has reacted swiftly and decisively in response to the COVID-19 crisis to support the Member States affected and to curb the socioeconomic fallout of the pandemic; notes that crisis management requires swift action; recalls, however, that this must never be an excuse to bypass Parliament and undermine democratic accountability; notes with concern the increasing use of Article 122 of the Treaty on the Functioning of the European Union for creating new mechanisms and bodies with budgetary implications for the EU budget, under which Parliament’s role is limited to the mere right to information; insists on an appropriate role for Parliament in the budgetary scrutiny of such initiatives; stresses, in addition, the importance of ensuring a meaningful role in the decision-making and scrutiny of all EU programmes based on national implementation plans;

8.

Underlines that the coordinated collection of national contributions based on gross national income in the form of external assigned revenue and outside the budgetary procedure is not exclusive to NGEU, but has been the chosen fix for the Facility for Refugees in Turkey, the COVID-19 vaccine contracts and perhaps, in the future, the Health Emergency Preparedness and Response Authority; recalls that borrowing on capital markets has been a long-standing feature of Union budget operations to the extent that both the Commission and Parliament called for its inclusion in the budget in the 1970s and 1980s, well before the creation of the European Financial Stabilisation Mechanism, the temporary Support to mitigate Unemployment Risks in an Emergency or NGEU;

9.

Is concerned that the unprecedented amounts made available under the Recovery and Resilience Facility, for which Member States will only have to report to the Commission in broad strokes about progress on milestones, will make it highly challenging for the European Court of Auditors to provide assurance on the legality and regularity of the spending;

10.

Is concerned that off-budget mechanisms and the use of external assigned revenue in particular pose a serious challenge to Parliament’s ability to fulfil its decision-making, scrutiny and discharge functions and, more generally, to the ability of the general public and public or private institutions to understand the Union budget and hold the Commission to account; recalls the Joint Declaration and reaffirms its expectation that EU financial rules be updated as regards the role of the budgetary authority and the budget structure in relation to these mechanisms in order to bring them closer to the principles and responsibilities set out in the Treaties; considers that this principle of democratic accountability and oversight in decision-making needs to be reflected in the Financial Regulation;

11.

Believes that Parliament, as one arm of the budgetary authority, must be able to scrutinise and authorise, as appropriate, the Commission’s use and management of external assigned revenue and of its borrowing and lending operations; suggests that the relevant articles of the Financial Regulation, including Articles 7, 46 and 56, be revised and complemented to clarify that external assigned revenue, assets and liabilities linked to borrowing and lending operations are included in the EU budget, so that they are subject to the control of and reported on by the European Court of Auditors and so that the budgetary authority and the discharge authority can be properly informed about any allegations of misuse, corruption, fraud or breaches of rule of law, including when Member States lack sufficient anti-fraud systems, especially, but not exclusively, with regard to off-budget instruments;

12.

Believes that external assigned revenue pursuant to the current Article 21 of the Financial Regulation, and assets and liabilities deriving from off-budget operations, including borrowing on capital markets, should be allocated to the relevant budget lines, classified in accordance with the budget nomenclature and consolidated in Parts II and III of the Union budget; considers that they should form an integral part of the EU budget and be adopted by the budgetary authority as part of that budget;

13.

Calls for the revision of reporting requirements on the Commission’s debt management strategy, including maturity, schedule of payments and the role of new own resources in the repayment of the debt, in order to adapt them to the increased complexity and risk of borrowing and lending operations for the Union budget;

14.

Calls on the Commission to simplify further annual accounts and other financial reporting obligations applicable to the general budget of the Union in the context of the Financial Regulation in order to encourage the participation of SMEs in relevant programmes included in the MFF 2021-2027 package, including NGEU;

15.

Believes that in view of the budgetary implications involved, the Financial Regulation needs to establish a procedure for decisions on the location of decentralised agencies; stresses that such a procedure should be based on objective criteria, safeguard Parliament’s prerogatives as co-legislator and avoid arbitrary modes of decision-making such as coin-flipping;

Rule of law

16.

Emphasises the clear relationship between respect for the rule of law and the efficient implementation of the Union budget, including NGEU, in accordance with the principles of sound financial management: economy, efficiency and effectiveness, as laid down in the Financial Regulation; underlines that sound financial management is based on the effective pursuit of cases of fraud, including tax fraud, tax evasion, corruption and conflicts of interest, as well as the judicial review of public authorities’ decisions by independent courts; highlights that, with regard to economy and efficiency, fraudulent and corrupt practices by definition violate sound financial management as defined in Article 33(1) of the Financial Regulation, given that such practices are directly at odds with ensuring the best quantity and quality at the best price, and with achieving the optimal relationship between the employment of resources and the achievement of objectives; recalls that, upon the adoption of the Conditionality Regulation, Parliament, the Council and the Commission agreed to consider including the content of the Conditionality Regulation in the Financial Regulation upon its next revision; calls on the Commission therefore to make that proposal; calls on the Commission to examine opportunities to further improve the alignment of all EU instruments that aim to ensure sound financial management and the protection of the Union’s financial interests, including the Commission’s annual rule of law report; believes that the Commission should pay particular attention to preventive ex- ante measures to ensure that Member States apply Article 63(2) of the Financial Regulation;

17.

Believes that the Commission should ensure that the Union budget is spent on projects or organisations that respect the Union values laid down in Article 2 of the Treaty on European Union in order to protect the Union’s financial interests; calls on the Commission, to that end, to develop concise indicators to be included in the Financial Regulation, which should be applied through a risk-based approach and used for targeted ex ante and ex post controls to detect potential non-compliance with Union values in the use of EU funds;

18.

Welcomes the Commission’s guidance on the avoidance and management of conflicts of interest under the Financial Regulation, which aims to raise awareness and promote a uniform interpretation and application of conflict of interest rules; regrets, however, that conflict-of-interest issues continue to persist at the highest level in some Member States; calls on the Commission to evaluate whether the relevant provisions of the Financial Regulation are sufficiently effective in preventing and addressing conflicts of interest in the implementation and control of the EU budget;

Digital tools

19.

Stresses that it is important to know how EU funds are spent and who truly benefits from them in order to protect the financial interests of the EU and to detect fraud, corruption and conflicts of interest in particular; notes that the study commissioned by the Committee on Budgetary Control on the 50 largest beneficiaries of EU funds revealed that data for identifying economic operators and their beneficial owners is not easily accessible, if at all; considers that the compulsory centralisation of information within a single, interoperable reporting and monitoring system, and within a user-friendly public EU database with information on direct and ultimate beneficiaries and accessible data in a machine-readable format, would overcome the fragmentation and lack of transparency highlighted by the study and enhance public scrutiny and trust in EU public spending; notes that this, coupled with a comprehensive definition of ‘conflict of interest’ at EU level, will increase the effective protection of the EU’s financial interests; stresses the urgency of establishing transparency for beneficial owners in the light of the Pandora Papers; highlights the role of the European Public Prosecutor’s Office and the importance of cooperation between it and the EU institutions, Member States and the European Anti-Fraud Office;

20.

Emphasises that the Financial Regulation should include provisions that require the responsible actors to gather and keep uniform records on economic operators and beneficial owners in order to allow their identification across EU programmes, regardless of who implements these programmes and of management mode (direct, indirect or shared); calls on the Commission to take measures to ensure that this is done through digital, interoperable, standardised collection of information on the recipients of Union funding, including those ultimately benefitting, directly or indirectly, from Union funding, and their beneficial owners; considers that these requirements should reflect all relevant information items to enhance the Commission’s ability and capacity to detect fraud; emphasises the need to remove any technical and legal barriers to the collection of data on company structures and beneficial ownership;

21.

Underlines that data should be published openly as a general principle, while respecting data protection requirements and the standing jurisprudence of the Court of Justice of the European Union; acknowledges that the European Data Protection Supervisor does not see any general data protection issues regarding the establishment of such interoperability but underlines the need for a clear legal basis; considers that compulsory information items collected for audit and control purposes need to include, as a minimum, the registration number of legal entities, national identification number for natural persons, the relevant code or uniquely identifying specific EU funding programme, an indication of the type of beneficiary, sub-contractors, beneficial owners, whether the beneficiary also receives State aid and contact information; stresses that the database should not be exclusively self-regulated, but rather that datasets should be created by the Commission or an external authority in order to ensure coherent and high-quality data; requests that information about recipients of EU funds remains publicly accessible for at least five years;

22.

Underlines that the system needs to facilitate the aggregation of individual amounts concerning the same direct or ultimate beneficiary or beneficial owner, and be accessible in all EU languages; considers that the publicly accessible systems should facilitate both individual searches through a web-based tool and systemic analysis through bulk downloads in a machine-readable and interoperable format; stresses that standardised, open data across the full procurement cycle, including the ultimate beneficiaries of contracted companies, will provide civil society and non-governmental actors with the toolbox and requisite information to monitor the integrity, fairness and efficiency of public procurement markets; urges the Member States and the Commission to guarantee increased interoperability between existing EU and national databases and data-mining tools to facilitate risk analysis and fraud detection;

23.

Notes that ARACHNE is used in shared management; emphasises that ARACHNE enriches data provided by managing authorities with publicly available information in order to identify the projects, beneficiaries, contracts and contractors that might be susceptible to not only the risk of fraud, but also conflicts of interest; considers that Article 63 of the Financial Regulation should be modified to include ARACHNE as a compulsory risk scoring tool for general use, independent of the management mode, made available by the Commission to the Member States and entrusted entities, which should be obliged to feed information into it; considers that the Financial Regulation should provide indicators that ARACHNE can use to determine the risk score of economic operators; stresses the need to harmonise such basic indicators with the exclusion grounds of the Early Detection and Exclusion System (EDES) and with ongoing investigations by the European Public Prosecutor’s Office and the European Anti-Fraud Office to ensure that excluded economic operators are also visible in ARACHNE; calls for maximum interoperability between ARACHNE and other software to reduce the need to insert information items into various IT-systems multiple times and the ensuing administrative burden; considers that ARACHNE should be made simpler and more user friendly, including with regard to the standardisation of risk indicators, through visualisations for example; stresses the importance of full ownership of and operational rights to ARACHNE and calls on the Commission to consider moving the tool’s management in-house where appropriate;

24.

Recalls that a high-level panel was established in 2018 to assess cases in the database that are submitted for early detection or exclusion; calls for the opinion of the EDES panel, in the light of its experiences with the system, to be considered in the revision of the Financial Regulation and shared with Parliament at the same time as it is with the Commission; notes that EDES is currently only used under direct and indirect management; considers that economic operators that are considered a risk to EU financial interests under direct and indirect management should also be considered a risk under shared management and vice versa; calls, therefore, for the use of EDES to be made compulsory under shared management; further notes that EDES does not distinguish between subsidiaries of larger corporations; calls on the Commission to make this distinction and to specify in the rules for early detection and for exclusion which entity of a multinational or multi-company corporation is registered for early detection or exclusion; calls for an obligation to update EDES once fraud or other relevant facts have been established by actors involved in the implementation; believes that excluded legal entities or natural persons (beneficial owners) should, for the duration of their exclusion, no longer have the ability to be a final recipient or beneficiary to whom any payments from the EU budget can be made; calls on the Commission to encourage the Member States to ensure that these entities or natural persons are also excluded from any contributions from national budgets for the period of exclusion; regrets that the database lists relatively few economic operators; views this as a sign that EDES has not been properly implemented; highlights that the EDES panel handled 20 cases in 2020, with 28 cases in the pipeline; stresses the importance of allocating sufficient resources to the panel in line with any extension of responsibility; calls on the Commission, moreover, to review the criteria to decrease the complexity and increase the applicability of EDES in practice;

25.

Stresses that, while it is of the utmost importance to know who the final beneficiaries of EU funds are in order to ensure their proper use, the accessibility and simplicity of digital tendering platforms for EU funds also plays an important role; recalls that the Commission has adopted the concept of ‘digital by design’ and the ‘Think Small First’ principle in order to ensure sufficient SME participation; encourages the Commission, in this sense, to also take these principles into account when revising the Financial Regulation in the context of implementing the MFF 2021-2027 package;

Gender budgeting

26.

Regrets the fact that only 21,7 % of EU programmes had gender-related indicators under the previous MFF; insists that gender mainstreaming be better reflected in the drafting and implementation of the budget, including through targeted incentives; calls for the systematic and comprehensive collection of gender-disaggregated data in the context of all EU policies and programmes in order to measure the impact on gender equality; expects the Commission to develop a methodology to measure the relevant expenditure at programme level in the 2021-2027 MFF, in line with the IIA; calls on the Commission to integrate gender mainstreaming and gender budgeting in the relevant provisions of the Financial Regulation;

Climate and biodiversity mainstreaming

27.

Reiterates the Union’s commitment to spending at least 30 %of resources available under the 2021-2027 MFF and NGEU on addressing the climate challenge, as set out in the IIA; expects the Commission to develop a robust and clear methodology for tracking climate spending and its performance, and to consistently apply it across all policy areas; emphasises that the rules on budget implementation must reflect this methodology to allow for the effective and efficient tracking of funds used in tackling climate change on both the climate mitigation and adaptation fronts; calls on the Commission to integrate appropriate references to climate mainstreaming and tracking in the relevant provisions of the Financial Regulation in line with the IIA to ensure that the Union budget is climate-proof;

28.

Underlines the importance of accurately monitoring the expenditures contributing to halting and reversing the decline of biodiversity, on the basis of an effective, transparent and comprehensive methodology to be set out by the Commission, in cooperation with Parliament and the Council; emphasises that the rules on budget implementation laid down in the Financial Regulation must also reflect this methodology;

29.

Believes that the Financial Regulation should reflect the implementation of the ‘do no significant harm’ principle, in line with the guidance published under the Recovery and Resilience Facility;

European Pillar of Social Rights

30.

Believes that the Financial Regulation should enable the appropriate implementation of the European Pillar of Social Rights; considers that compliance with basic standards for employment conditions for workers and occupational safety and health by the beneficiaries should be ensured before proceeding to the disbursement of payments from the EU budget;

Decommitments

31.

Suggests that the re-use of decommitted appropriations as a result of full or partial non-implementation of projects pursuant to Article 15(3) of the Financial Regulation should be extended beyond research and innovation to include all appropriations; believes that decommitted appropriations should be made available in their entirety the year following that of their decommitment;

EU trust funds

32.

Insists that the Financial Regulation be revised to guarantee the appropriate role of Parliament in the setting up, supervision and scrutiny of trust funds, including in the drawing up of the constitutive agreement and the mobilisation of the Union’s contribution, implementation, continuation, and possible liquidation; reiterates that Parliament should be involved, at a minimum, as an observer, and should be able to monitor the activities of the governing bodies of a given trust fund; stresses that complete detailed and timely quantitative and qualitative information on the implementation of any trust fund is essential for Parliament to exercise its democratic oversight and scrutiny role effectively; recalls that the extensive use of trust funds undermines the EU budget’s principle of unity;

33.

Calls on the Commission to ensure that Union trust funds deliver clear visibility for the Union and appeals to it to raise awareness of trust fund results and achievements by reinforcing provisions on effective communication with citizens and stronger relationships between communication activities, as is the case with the European Structural and Investment funds;

Public procurement

34.

Notes that the Commission’s Vademecum on public procurement was last updated in January 2020 but has not been made public or shared with Parliament to give its opinion; requests that Parliament be regularly consulted on future revisions and informed about its application;

35.

Notes that the current definition of ‘professional conflict of interest’ is limited to a conflicting interest that affects the capacity of an economic operator to perform a contract; calls on the Commission to provide for a more explicit definition and to ensure that its implementation rules on public procurement do not permit the awarding of policy-related service contracts to undertakings that are under the economic control of a parent company or a group that owns shares related to activities that are not in line with the EU’s environmental, social and Green Deal objectives;

36.

Asks the Commission to amend Article 167(1)(c) of the Financial Regulation to include a definition of ‘professional conflicting interest’ so as to ensure that EU institutions can take mitigating measures in case of bidders with a financial interest in a policy-related service contract, taking into account the European Ombudsman’s decision in joint inquiry 853/2020/KR on the Commission’s decision to award a contract to BlackRock Investment Management to carry out a study on integrating environmental, social and governance objectives into EU banking rules; reiterates that the general conditions of the Commission’s public procurement contracts for services contain standard provisions on professional conflicting interests with requirements for contractors to proactively disclose any situations that could constitute a conflict of interest; calls on the Commission to update and strengthen the Financial Regulation in order to address professional conflicting interests and to further increase the accuracy and completeness of the voluntary notification thereof by applicants submitting tenders, such as developing adequate sanctions if voluntarily notifications are not complied with, including a temporary ban from public tendering in case of severe breaches;

37.

Considers that all EU institutions engaging in public procurement should publish clear rules on their websites regarding acquisition, expenditure and monitoring, and should publish all contracts awarded with the fullest possible transparency; notes the guidance provided by the Commission on using the public procurement framework in the emergency situation related to the COVID-19 crisis; encourages the Commission to gather and evaluate the experience of contracting authorities with the public procurement framework in this regard, especially its effect on SMEs, and to reflect the lessons learned in the Financial Regulation, by identifying criteria for defining exceptional/unusual circumstances in which temporary/framed/necessary flexibility in the implementation of public procurement rules can be applied;

38.

Notes that the upcoming revision of the Financial Regulation should take into account the autonomous strategic interests of the EU, including fair competition, and the need to stimulate EU job creation in a range of industries that are key to achieving the Union’s future policy objectives, while ensuring a level playing field for fair competition; calls on the Commission to ensure that ambitious awarding criteria are set, particularly taking into account the Union added value of projects and the principle of the ‘most economically advantageous tender’; calls for including safeguards in public procurement rules to evaluate the activities of companies that contradict the social and environmental objectives of the Union in the award decision;

39.

Notes that the Commission proposal for a regulation on foreign subsidies distorting the internal market addresses potential distortive effects of foreign subsidies in the single market and is key to delivering on the updated EU industrial strategy; calls on the Commission to take the industrial strategy into account in the upcoming revision of the Financial Regulation in order to guarantee fair and competitive conditions in the single market;

Pilot projects and preparatory actions

40.

Notes that there is considerable interest among MEPs in proposing pilot projects and preparatory actions and that the Commission has to apply a rigorous selection procedure to the proposals in order to match the limited financial resources available for the projects and actions; considers that the available financial resources and acceptance of proposals can benefit from more flexibility between the three envelopes for pilot projects, preparatory actions (first year) and preparatory actions (second and third year);

Audit, control and discharge

41.

Notes that, under the new budget nomenclature adopted with the 2021-2027 MFF, the correspondence between programmes and budget chapters has been made more precise, and as a consequence the Commission enjoys higher discretion as regards autonomous transfers within programme strands; believes that appropriate scrutiny of transfers by the budgetary authority should be ensured;

42.

Criticises the length of the audit and control procedures in shared management, including the length of the ensuing contradictory procedures, as provided for by sectoral legislation; underlines that lengthy procedures increase the risk of leaks of confidential documents; considers it intolerable that the Commission insists that Parliament be subject to confidentiality requirements with regard to the audit and contradictory procedure even in cases of legitimate public interest involving public figures; expects the Commission to strengthen and shorten the length of audit and control procedures in shared management in line with the timeline applicable under the Conditionality Regulation;

43.

Recalls that the three institutions acknowledge that the existing rules on audits and the discharge procedure apply to assigned revenue and calls for this to be reflected properly in the Financial Regulation;

44.

Considers it regrettable that audit and contradictory procedures and procedures on the application of financial correction currently last several years; urges the Commission to revise the rules on audit and financial correction procedures to allow for more timely conclusions and a faster recovery of EU funds paid out unduly;

45.

Notes that Article 59 of the Financial Regulation relates to the conferral on ‘other Union institutions’ of the requisite powers for the implementation of the sections of the budget relating to them; welcomes the fact that the concept of ‘conferral’ underlines the autonomy of the other institutions as regards the management of their funds; notes, however, that the Commission has repeatedly and consistently taken the view that it is not in a position to exercise scrutiny over the implementing activities carried out by other institutions; proposes to address this issue by changing Article 260 of the Financial Regulation to make Parliament explicitly responsible for scrutinising the budget implementation by the other institutions in the discharge procedure;

46.

Considers it necessary to amend Article 2(67) of the Financial Regulation to include the European Public Prosecutors Office as a ’Union institution’;

47.

Notes that Article 262 of the Financial Regulation requires that the Union institutions and bodies referred to in Articles 70 and 71 of the Financial Regulation report on the measures taken in response to the decision on discharge; considers that this requirement would benefit from the setting of a reasonable deadline for reporting on the measures taken; calls on the Commission to include 30 September of the year following the year under review in the discharge procedure as the deadline in Article 262 of the Financial Regulation;

48.

Notes that management and control systems of Member States’ authorities are regularly assessed by the Commission in accordance with the sector-specific rules; considers that shortcomings found in one Member State are not automatically applicable to other Member States and that corrective measures, in adjustments either to the legal requirements or to the implementation guidelines, should be proportionate and tailored to the Member State where these findings are applicable;

49.

Considers that EU assessments should strictly adhere to EU standards; considers that where stricter national standards exist, the use of these must not be to the detriment of the beneficiary; considers that Article 126 of the Financial Regulation on cross-reliance on assessments should be changed to reflect this principle;

50.

Encourages the Commission and the Member States to exploit the opportunities for simplified cost options to their full potential; considers that the focus of checks should be on ex ante verification of the calculations of the simplified cost options, while ex post verifications should be used to improve the system of calculation, except in cases of suspected fraud;

51.

Believes that the obligation under Article 93 of the Financial Regulation as regards an act or omission of a member of staff is too generic and should rather focus on gross negligence;

Agriculture

52.

Considers that derogations should remain possible from the rule that expenditures from the European Agricultural Guarantee Fund must be entered into the accounts for a financial year on the basis of the repayments made by the Commission to Member States by 31 December of that year; calls on the Commission to consider adapting the Financial Regulation to ensure that the financial rules applicable to the European Agricultural Fund for Rural Development continue to apply once the necessary changes have been made even if the fund is no longer fully under the Common Provisions Regulation (13);

o

o o

53.

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

(1)  OJ L 193, 30.7.2018, p. 1.

(2)  OJ L 433 I, 22.12.2020, p. 11.

(3)  OJ L 424, 15.12.2020, p. 1.

(4)  OJ L 433 I, 22.12.2020, p. 23.

(5)  OJ L 433 I, 22.12.2020, p. 1.

(6)  OJ L 57, 18.2.2021, p. 17.

(7)  OJ L 433 I, 22.12.2020, p. 28.

(8)  OJ C 444 I, 22.12.2020, p. 6.

(9)  OJ C 445, 29.10.2021, p. 15.

(10)  Texts adopted, P9_TA(2021)0103.

(11)  Texts adopted, P9_TA(2021)0287.

(12)  OJ C 121, 9.4.2021, p. 1.

(13)  OJ L 231, 30.6.2021, p. 159.


8.6.2022   

EN

Official Journal of the European Union

C 224/47


P9_TA(2021)0470

A Pharmaceutical Strategy for Europe

European Parliament resolution of 24 November 2021 on a pharmaceutical strategy for Europe (2021/2013(INI))

(2022/C 224/05)

The European Parliament,

having regard to Article 168 of the Treaty on the Functioning of the European Union (TFEU),

having regard to Articles 101 and 102 TFEU laying down rules on competition,

having regard to Article 6 of the Treaty on European Union and Article 35 of the Charter of Fundamental Rights of the European Union (the Charter) on the right to preventive healthcare for all European citizens,

having regard to its resolution of 2 March 2017 on EU options for improving access to medicines (1),

having regards to its resolution of 13 September 2018 on a European One Health Action Plan against Antimicrobial Resistance (2),

having regard to its resolution of 15 January 2020 on the European Green Deal (3),

having regard to its resolution of 10 July 2020 on the EU’s public health strategy post-COVID-19 (4), calling for an EU action plan on rare and neglected diseases,

having regard to its resolution of 17 September 2020 entitled ‘The shortage of medicines — how to address an emerging problem’ (5),

having regard to its resolution of 17 September 2020 on a strategic approach to pharmaceuticals in the environment (6),

having regard to the Doha Declaration on the Agreement on Trade-Related Aspects of Intellectual Property Rights and Public Health (TRIPS Agreement) and to the decision of the General Council of the World Trade Organization (WTO) of 30 August 2003 on the implementation of Paragraph 6 of the Doha Declaration,

having regard to the 72nd World Health Assembly resolution of May 2019 on improving the transparency of markets for medicines, vaccines, and other health products,

having regard to Regulation (EC) No 141/2000 of the European Parliament and of the Council of 16 December 1999 on orphan medicinal products (7),

having regard to Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (8),

having regard to Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency (9),

having regard to Regulation (EC) No 1901/2006 of the European Parliament and of the Council of 12 December 2006 on medicinal products for paediatric use (10),

having regard to Directive 2010/63/EU of the European Parliament and of the Council of 22 September 2010 on the protection of animals used for scientific purposes (11),

having regard to Regulation (EU) No 536/2014 of the European Parliament and of the Council of 16 April 2014 on clinical trials on medicinal products for human use, and repealing Directive 2001/20/EC (12),

having regard to Regulation (EU) 2019/933 of the European Parliament and of the Council of 20 May 2019 amending Regulation (EC) No 469/2009 concerning the supplementary protection certificate for medicinal products (13),

having regard to Regulation (EU) 2021/522 of the European Parliament and of the Council of 24 March 2021 establishing a Programme for the Union’s action in the field of health (‘EU4Health Programme’) for the period 2021-2027, and repealing Regulation (EU) No 282/2014 (14),

having regard to Regulation (EU) 2021/695 of the European Parliament and of the Council of 28 April 2021 establishing Horizon Europe — the Framework Programme for Research and Innovation, laying down its rules for participation and dissemination (15),

having regard to the Commission communication of 11 December 2019 on the European Green Deal (COM(2019)0640),

having regard to the Commission communication of 10 March 2020 entitled ‘A New Industrial Strategy for Europe’ (COM(2020)0102),

having regard to the Commission communication of 11 November 2020 entitled ‘Building a European Health Union: Reinforcing the EU’s resilience for cross-border health threats’ (COM(2020)0724) and accompanying legislative proposals (16),

having regard to the Commission communication of 25 November 2020 on a Pharmaceutical Strategy for Europe (COM(2020)0761),

having regard to the Commission communication of 17 June 2020 on an EU Strategy for COVID-19 vaccines (COM(2020)0245),

having regard to the Commission communication of 3 February 2021 on Europe’s Beating Cancer Plan (COM(2021)0044),

having regard to the Commission’s Strategic Agenda for Medical Ionising Applications (SAMIRA) Action Plan of 5 February 2021 in support of the European Beating Cancer Plan,

having regard to the Commission communication of 5 May 2021 entitled ‘Updating the 2020 New Industrial Strategy: Building a stronger Single Market for Europe’s recovery’ (COM(2021)0350),

having regard to the Commission communication of 15 June 2021 on drawing the early lessons from the COVID-19 pandemic (COM(2021)0380),

having regard to the Commission communication of 16 September 2021 introducing HERA, the European Health Emergency preparedness and Response Authority, the next step towards completing the European Health Union (COM(2021)0576),

having regard to the proposal for a regulation of the European Parliament and of the Council of 31 January 2018 on health technology assessment (COM(2018)0051) and the work of EUNetHTA Joint Actions,

having regard to the joint evaluation of Regulation (EC) No 1901/2006 of the European Parliament and of the Council of 12 December 2006 on medicinal products for paediatric use and Regulation (EC) No 141/2000 of the European Parliament and of the Council of 16 December 1999 on orphan medicinal products (SWD(2020)0163),

having regard to the Council conclusions of 1 December 2014 on innovation for the benefit of patients,

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 Council conclusions of 18 December 2020 on COVID-19 lessons learned in health (17),

having regard to Rule 54 of its Rules of Procedure,

having regard to the opinions of the Committee on Industry, Research and Energy and the Committee on Legal Affairs,

having regard to the report of the Committee on the Environment, Public Health and Food Safety (A9-0317/2021),

A.

whereas health is fundamental to the well-being of Europeans and equitable access to healthcare is a cornerstone of the EU and Member States’ national health policies; whereas the Charter recognises the fundamental right of citizens to health, a high quality of life and medical treatment; whereas public health systems are crucial to guaranteeing equitable access to healthcare and safe, effective and affordable medicines; whereas ensuring patient access to medicines is one of the core objectives of the EU and the World Health Organization, and of Sustainable Development Goal 3;

B.

whereas one of the 20 principles of the European Pillar of Social Rights, reinforced by the Porto Declaration, establishes that everyone has the right to timely access to affordable, preventive and curative healthcare of good quality;

C.

whereas patients should be at the centre of all health policies and involved throughout the regulatory pathway for medicines; whereas access inequalities exist between and within Member States and special attention should be paid to people in vulnerable situations with specific health risks, including women, with a particular focus on pregnant women, children, the elderly, persons with disabilities, patients with chronic conditions and comorbidities, patients in intensive care units (ICU) and persons on long-term medication;

D.

whereas the increasing burden of chronic diseases and the health needs of aging populations, combined with high and rising prices of medicinal products and an increase in the societal cost of providing care, pose budgetary and affordability constraints and serious threats to the sustainability of European health systems; whereas the adoption of integrated models of care for chronic and other long-term conditions, underpinned by a person-centred and multi-disciplinary approach to healthcare, is essential to delivering high-quality health services;

E.

whereas a competitive, trusted, innovative and resilient European research-based pharmaceutical industry is more responsive to patients’ needs and to strategic interests in terms of public health, economic growth, jobs, trade, and scientific and technological progress;

F.

whereas the new European pharmaceutical strategy should be welcomed as a new opportunity;

G.

whereas medicine producers in the EU made a significant contribution to research investment in 2019, standing at over EUR 37 billion; whereas the sector provides 800 000 direct jobs and a EUR 109,4 billion trade surplus; whereas the sector generates about three times more employment indirectly — upstream and downstream — than it does directly; regrets that there are no aggregated data on the overall amount of public financing for the pharmaceutical sector in the EU;

H.

whereas there are differences in healthcare systems, national regulation, the implementation of EU legislation, pricing and authorisation processes in the different Member States; whereas these differences are a result of Member States’ competences in the area of health; whereas the differences can lead to fragmentation and unpredictable circumstances for actors in the pharmaceutical sector who operate outside their own country; whereas it is important to recognise that cooperation is required between the Commission and Member States so as to set out ambitious implementation agendas with clear timelines and the necessary long-term financing to implement concrete actions that follow on from the pharmaceutical strategy for Europe;

I.

whereas the overall consumption of pharmaceuticals continues to grow both globally and in the EU; whereas a number of pharmaceuticals continue to be prescribed, dispensed, sold or used inappropriately; whereas such misuse of pharmaceuticals means a waste of precious resources and can lead to health and environmental hazards;

J.

whereas 40 % of medicinal end products marketed in the EU originate in non-EU countries, while 60 % to 80 % of active pharmaceutical ingredients are produced in China and India; whereas this delocalisation of part of the production of essential components of medicines, vaccines and medical devices has direct consequences on treatment follow-up for patients;

K.

whereas the transfer of production to third countries tends to be motivated by an attempt to reduce production costs; whereas these savings are mainly the result of more lax environmental, safety and labour law standards;

L.

whereas the strategy recognises the key role that generic and biosimilar medicines play in hugely increasing equitable access for patients and for the sustainability of healthcare systems and that their entry into the market after exclusivity expiry should not be delayed;

M.

whereas biosimilar medicines create opportunities beyond access to medicines, such as benefit sharing across healthcare, and thus provide better healthcare and services to patients;

N.

whereas many innovations in the pharmaceutical industry do not really offer breakthrough improvements for patients, but are either so-called ‘me-too’ pharmaceuticals, which are simply another substance used for the same therapeutic purposes but without major benefits, or only offer minor improvements at a significantly higher cost; whereas it would be beneficial for patients if the framework for the pharmaceutical industry in Europe were to better incentivise real breakthrough innovations;

O.

whereas there is convincing evidence that pharmaceuticals leach into the environment, in particular soil and water; whereas their presence can have adverse effects on wild animals such as fish, birds and insects and, as a result, broader impacts on the stability of individual ecosystems; whereas these medicines also appear in drinking water at lower concentrations; whereas the European Green Deal must encourage the development of a vibrant, dynamic, sustainable and clean pharmaceutical industry within the EU;

P.

whereas action is required throughout the lifecycle of medicines to reduce resource use, emissions, and levels of pharmaceutical waste and residues in the environment;

Q.

whereas COVID-19 has had an impact on people’s physical and mental health and on the economy; whereas it has highlighted both the EU’s strengths and weaknesses; whereas in order to strengthen the resilience of our national health systems to cross-border threats, more European integration is necessary, as well as greater sharing of epidemiological and health data at EU level; whereas a European Health Union should contribute to and foster closer cooperation, coordination and knowledge sharing on health among Member States and relevant stakeholders and increase the EU’s capacity to combat cross-border health threats;

R.

whereas the disruption of the global supply chain ensuing from the COVID-19 pandemic has highlighted the EU’s dependency on third countries in the health sector; whereas understanding the root causes of medicine shortages is crucial for building an appropriate European response and tackling this long-standing challenge; whereas the EU’s open strategic autonomy and security of supply should be ensured through the diversification of supply chains for essential medicines and medicinal products, including European manufacturing sites, as well as by applying public procurement rules that do not consider price to be the sole criterion;

S.

whereas during the COVID-19 pandemic, uncoordinated actions at national level, such as hoarding and extreme stockpiling, undermined equitable supply in all markets; whereas lessons should be drawn from this experience in order to prevent it from happening again in any future crisis situation;

T.

whereas the COVID-19 experience also demonstrated the resilience of the European pharmaceutical industry and manufacturers and that they had contingency plans in place to limit disruption for critical products; whereas this was also possible thanks to the bilateral dialogue and two-way communication established, demand visibility and close cooperation between governments/regulators and actors, a practice which should be maintained and continued on a regular basis;

U.

whereas for the pharmaceutical strategy to be fully effective it must incorporate lessons learnt from the COVID-19 crisis and take into consideration the resilience demonstrated by the off-patent medicines industry during the COVID-19 outbreak, so as to build on existing European manufacturing capacity;

V.

whereas the pandemic has brought to the fore a number of pre-existing problems in the global production and supply of pharmaceuticals, such as the limited capacity of least-developed and middle-income countries to produce vaccines, the lack of essential medicines and an unevenly functioning supply chain; whereas the EU vaccine strategy is proving successful in delivering vaccines to all citizens in the EU; whereas the EU has been at the forefront of global vaccine delivery by continuing to export vaccines and by setting up and financing COVAX; stresses that more needs to be done to fully vaccinate low- and middle-income countries;

W.

whereas innovative R&D projects such as VACCELERATE have proven their worth during the pandemic and should be made sustainable in the long term;

X.

whereas gene and cell therapies, personalised medicine, nanotechnology, next-generation vaccines, e-health and the ‘1+ Million Genomes’ initiative can bring benefits in relation to the prevention, diagnosis and treatment of all diseases, and care for the patients affected, provided that they are effective, safe, affordable and accessible to all patients who need them;

Y.

whereas, in the spirit of the ‘One Health’ approach, the pharmaceutical strategy covers the full lifecycle of medicines and medical devices, including the collection and production of starting material, research, testing, manufacturing, authorisation, pre-and post-marketing pharmacovigilance, consumption and disposal, and contributes to meeting the objectives of the European Green Deal, Europe’s Beating Cancer Plan, the digital transformation, the circular economy and the industrial strategy, and climate neutrality;

Z.

whereas to secure the Union’s leading position in pharmaceutical development, the strategy must focus on strengthening the innovative potential of European pharmaceutical research, fulfilling patients’ needs, and acknowledging and reinforcing the link with the EU industrial strategy, the small and medium-sized enterprise (SME) strategy and the European Health Data Space;

Putting patients at the centre of all health policies

1.

Recalls that healthcare is a human right enshrined in the Universal Declaration of Human Rights; regrets the disparities in access to high-quality healthcare services, including access to medicinal products, among Member States and also among different regions within Member States; calls for national and EU measures, including legislative measures where appropriate, to address these disparities and guarantee the right of patients to universal, affordable, effective, safe and timely access to essential and innovative medicines;

2.

Points out that given that the Union is responsible for pharmaceutical legislation, as well as complementing public health policies, it should strive to coordinate national measures to guarantee access to affordable and high-quality health services for all EU citizens and residents;

3.

Stresses the geostrategic imperative for the Union to regain its independence with regard to healthcare, and its need for a diversified supply chain in order to secure its supply of medicines, medical equipment, medical devices, active substances, diagnostic tools and vaccines rapidly, affordably and efficiently and to prevent shortages thereof, thus prioritising the interest and safety of patients;

4.

Underlines that COVID-19 has brought about unprecedented challenges for health systems and their sustainability, but has also had a dramatic impact on patients, including those suffering from chronic conditions, and their ability to access treatments and care; calls on the Commission and Member States to assess and address the overall impact of the pandemic on patients and on the resilience of healthcare systems and to work collaboratively to ensure that no patient is left behind and that continuity of care is guaranteed even during emergency situations;

5.

Underlines that public investment in research should aim to strengthen public health and address unmet medical needs, especially those in areas not covered by the private sector, defined with the involvement of regulators, academia, healthcare professionals, patients and payers at the early stages of R&D, so as to ensure that research priorities respond to societal needs; points out that embedding meaningful patient involvement and dialogue throughout the entire lifecycle of medicines and other therapies is an indispensable requirement for achieving high-value innovation and the overall success of the pharmaceutical strategy, which also requires the adequate consultation of consumer and patient representatives throughout the implementation of the strategy;

6.

Calls on the Commission to start the process of defining unmet medical needs, under the coordination of the European Medicines Agency (EMA), in order to establish a commonly accepted definition that would help to better orientate research needs and prevent the use of various definitions for unmet medical needs which, at an early stage, lead to exorbitant pricing in the marketing of medicines;

7.

Calls on the Commission to leverage and coordinate the pharmaceutical, industrial, digital strategies, the renewed EU trade policy and other relevant policies to promote European competitiveness and ensure that the EU is capable of competing with challenger regions;

8.

Stresses that public and private investment in research into and the development of innovative diagnostics, as well as access to safe, affordable, effective and high-quality medicines and treatments, are essential for making progress in the prevention, diagnosis and treatment of diseases and the quality of life of patients;

9.

Recalls that public and private investments should be aligned with the necessary regulatory and legislative measures in order to meet the therapeutic and diagnostic needs of patients, including for rare and chronic diseases, rare adult cancers and paediatric cancers, and neurodegenerative diseases, and tackle antimicrobial resistance (AMR);

10.

Welcomes the Commission’s intention to assess and review the existing incentive framework; calls on the Commission to stimulate competition by adapting its regulatory framework and stimulating investments in off-patent orphan and paediatric medicines, including for oncology, paediatric cancers and neurological diseases;

Pharmaceuticals and antimicrobial resistance

11.

Highlights the serious and constantly increasing risks of AMR to public health, the environment, food production and economic growth; recognises the value of public health campaigns aimed at the prevention of infections through vaccination;

12.

Considers that AMR constitutes a serious threat to public health; calls on the Commission and Member States to fund projects aimed at improving diagnostics and developing new antibiotics, as well as developing a protocol for the prudent use of antibiotics and an awareness campaign for health professionals to encourage more targeted treatment based on patients’ actual needs;

13.

Invites the Innovative Medicines Initiative and the European Investment Bank to play a more active role in financing innovative initiatives in the field of AMR; stresses the importance of implementing the joint action plan on AMR and health infections; notes the need to facilitate access to new antibiotics while maintaining access to old ones;

14.

Considers it imperative that a common EU therapeutic guide for antimicrobials be introduced, setting up traceable antimicrobial use reduction targets at EU level, and that communication campaigns on AMR be coordinated through a single calendar at EU level to create more awareness of AMR, resistant variants and the consequences thereof;

15.

Underlines that the ‘One Health’ approach should guide the reduction and use optimisation of antimicrobials, as well as the development of new medicines, including antimicrobial agents; calls on the Commission and Member States to assess the existing legislative framework related to AMR and, where appropriate, come forward with a proposal to revise it;

Research in pharmaceuticals

16.

Calls on the Commission to assess, and revise where appropriate, the system of incentives to promote research into and the development of new medicines for unmet diagnostic and therapeutic needs, prioritising public interests and patient safety when assessing projects promoted by the pharmaceutical industry to combat cancers, including paediatric cancers, in particular to incentivise first-in-child development of paediatric anticancer medicines, rare diseases, neurodegenerative and mental illnesses, and AMR, with the aim of finding more therapeutic options and meeting the needs of patients and health systems;

17.

Calls on the Commission to promote the creation of an EU framework to guide and regularly evaluate the implementation of national plans to fight these diseases, and calls on the Member States to support R&D that focuses on unmet medical needs; stresses that a system based solely on research incentives will not achieve the necessary objectives in the fight against rare diseases;

18.

Calls on the Commission to provide public research funding to investigate the use of repurposed, off-label and off-patent products that can be used safely and effectively in patients; stresses that medicines resulting from publicly funded research must be equally available across the Union for a fair and affordable price and that, where appropriate, the marketing authorisation holder (MAH) may consider voluntary non-exclusive licensing for these products; emphasises that EU funding should be steered towards projects where research is needed the most;

19.

Stresses the importance of continuous innovation, including in the off-patent segment, to address patients’ unmet needs; calls on the Commission to design a fit-for-purpose regulatory framework that will enable the development of value added medicines, as well as recognise this category of affordable innovation, through appropriate incentives, for its value for healthcare systems;

20.

Welcomes the initiative to launch a pilot project seeking to test the framework provisions on new indications for off-patent medicines and the basis for possible regulatory action; stresses, in this regard, the necessity and importance of input from industry and academia and their involvement;

21.

Calls on the Commission, in dialogue with the Member States, to work on a framework for pharmaceutical legislation and a reimbursement system that favours meaningful innovation for patients and incentivises fewer ‘me-too’ pharmaceuticals which have no added value or highly expensive pharmaceuticals that offer only minor improvements for patients;

22.

Calls on the Commission to revise Regulation (EC) No 141/2000 and Regulation (EC) No 1901/2006; calls for an assessment of the effectiveness of funding and of public-private partnership projects, especially with a view to improving the relationship between local health authorities, universities and industry; recognises that further improvements are needed to address the needs of the patients that these regulations aim to cover and calls on the Commission to allow for measures targeting important underserved areas in order to streamline, simplify and adjust regulatory procedures;

23.

Highlights the fact that scientifically recognised integrative medicine approved by public health authorities can bring benefits to patients in relation to the parallel effects of several diseases, such as cancer, and their treatment; stresses the importance of developing a holistic, integrative and patient-centric approach and encouraging, where appropriate, the complementary use of these therapies under the supervision of healthcare professionals;

24.

Calls on the Commission to support additional research in underrepresented populations, such as the elderly, children, women and patients with comorbidities, including obesity as a primary morbidity, as well as where it exists as a gateway chronic disease to other non-communicable diseases; stresses the need to take gender into account in research, diagnosis and treatment and in the impact of medicines and therapeutics, as women across their lifespan remain underrepresented in biomedical and health research and data; underlines that consequently, the evidence base is weaker for women, as well as for older people, leading to many conditions being underdiagnosed in women, such as cardiovascular disease;

25.

Calls on the Commission to build on the work of Europe’s Beating Cancer Plan and ensure that Europe becomes the worldwide centre of excellence for R&D in emerging, innovative fields of medicine; underlines that state-of-the art technologies, such as nanomedicines, stand to provide solutions to current treatment challenges in areas such as cancer and cardiovascular diseases; highlights that these innovative fields of medicine should be authorised by the centralised approval framework for nanomedicines;

26.

Calls on the Commission to ensure that EU funding for biomedical research and development is made conditional on the full transparency and traceability of investments, on ensuring supply in all Member States, and on facilitating the best outcome for patients, including in terms of the accessibility and affordability of manufactured medicines;

27.

Emphasises that research into and the production and use of medicines should follow ethical principles that guarantee the right to life, dignity and the integrity of the person;

28.

Calls on the Commission to promote the development of research in the field of pain therapy drugs;

29.

Welcomes the Commission’s publication on 5 February 2021 of the SAMIRA Action Plan; calls on the Commission, when revising pharmaceutical legislation, to draw up a regulatory framework geared to the deployment of radiological and nuclear technologies for therapeutic, and not solely diagnostic, purposes;

30.

Calls for an important project of common European interest (IPCEI) to be launched in the pharmaceutical sector with a view to identifying targeted diseases or technologies in advance;

31.

Points out that a range of EU programmes can be used to fund pharmaceutical research projects, such as Horizon Europe, InvestEU, EU4Health, cohesion policy and the Digital Europe programme for projects focusing on the deployment of artificial intelligence (AI);

32.

Calls for the EU pharmaceutical strategy to give deeper and greater attention to all aspects of gender-specific medicine; underlines the need to reflect the diversity of society and gender-specific issues in physiology when conducting research on medicines to support research and development in gender-specific medicine and to ensure that these issues are taken into account when granting market authorisation;

Pricing and costs of pharmaceuticals

33.

Calls on the Commission to promote dialogue with the Member States and all relevant stakeholders to promote ‘Made in Europe’ pharmaceuticals by strengthening manufacturing and supply resilience, by assessing additional criteria for national pricing, at no additional cost to patients and without prejudice to the sustainability of the health system; stresses that these criteria should include high environmental manufacturing standards, robust supply chain management and investment in innovation and research;

34.

Further recommends that the Commission and Member States ensure that pricing also reflects whether any type of public funding was used to support innovation, manufacturing and research, the value of the therapeutic benefit of the medicine, whether the medicine in question is generic or biosimilar, and the primary and broader needs of the population;

35.

Underlines that such dialogue should further encourage cooperation in pricing negotiations and, where appropriate, joint procurement; recalls that national pricing should be based on the transparency of factors such as public and private research, development costs and added therapeutic value; calls on the Commission to promote information sharing among Member States on net medicine prices through the European Integrated Price Information Database (EURIPID) collaboration;

36.

Calls on the Commission to explore the possibility of establishing, subject to conditionalities, an EU fund, co-financed by the Member States, for negotiating and purchasing orphan medicines and other new, personalised medicines, so as to guarantee equal access for patients from different Member States to effective therapeutics and treatments and prevent individual healthcare units from having to bear excessive costs when treating rare diseases;

37.

Calls on the Commission to work with Member States to introduce measures to increase transparency in the area of research into and the development and production of medicinal products; calls for greater price transparency and invites Member States to continue to share their best pricing practices on a voluntary basis; stresses that pricing should remain a national competence, taking account of diversity across the EU;

38.

Calls on the Commission to periodically evaluate and review the incentive system, increase price transparency, and highlight the factors limiting affordability and patient access to medicinal products; further calls on the Commission to address the root causes of shortages of pharmaceuticals and propose sustainable solutions that also promote on- and off-patent competition and the timely entry into the market of generic and biosimilar medicines;

39.

Stresses the importance of striking the right balance between, on the one hand, offering incentives in medicine development, particularly where no treatment alternatives exist, and, on the other, safeguarding the public interest by preventing the distortion of competition and unintended effects and ensuring the affordability and availability of medicinal products;

40.

Further calls on the Commission, especially its Directorate-General for Competition, and national competent authorities to be alert to anti-competitive conduct and investigate anti-competitive practices in the pharmaceutical industry;

41.

Calls for maximum transparency in the use of public research and development funding and for easy public access to information regarding patenting/licensing conditions, the findings of clinical trials and public/private contributions;

42.

Insists on the need to ensure equal access to affordable drugs within the EU; supports collective negotiation of the price of medicines with pharmaceutical industries, such as in the case of the Beneluxa Initiative and the Valetta Declaration; considers that pharmaceutical industries should respect conditionalities on the affordable price of medicines within the framework of publicly funded research;

Role of generic and biosimilar medicines

43.

Points out that generic and biosimilar medicines increase patients’ access to effective and safe treatment options, increase competition, offer accessible and affordable treatments and contribute greatly to the budgetary sustainability of healthcare systems, generating costs savings, while maintaining the high quality of healthcare;

44.

Stresses the importance of generic, biosimilar and value added medicines for consistently increasing equitable access for patients and making healthcare systems sustainable in a European Union where access is still uneven; calls on the Commission to ensure healthy competition at the expiry of intellectual property (IP) exclusivities as a matter of urgency by ensuring accessibility to biosimilar medicines from day one and by removing all barriers to access to competition, for example through patent linkage, by banning IP evergreening practices that unduly delay access to medicines and by allowing single global development;

45.

Calls on the Commission to take measures to support the greater market presence of these medicines, and to harmonise at EU level the interpretation of the Bolar provision concerning possible exemptions from the legal framework for the Unitary Patent system for generic drug manufacturers;

46.

Calls on the Commission to take action that promotes research, development and the production of generic and biosimilar medicines in the EU and to propose EU protocols for the interchangeability of biosimilar medicines, as defined by the EMA, with respect for individual patient needs and clinicians’ freedom to prescribe the best treatment for each patient, while always keeping the patient informed and at the centre of all decision making;

47.

Encourages Member States to evaluate measures to promote the use of financial savings generated in the national health system from the use of biosimilar medicines and reinvest them in a transparent and tangible way to improve the quality of care services; calls on the Commission to encourage Member States to support transparent practices with regard to biosimilar-related cost savings; calls on the Commission to facilitate arrangements such as gainsharing programmes;

48.

Stresses the need for the Commission to continue preventing anti-competitive practices to ensure a competitive market in generic and biosimilar medicines;

49.

Stresses the importance of improving education on biosimilar medicines; calls on the Commission to promote relevant educational and communication activities among healthcare professionals by setting up a dedicated Europe-wide online resource centre;

Delayed arrival of medicines on the market

50.

Welcomes the fact that the Commission will launch a pilot project to better understand the root causes of the delayed arrival of medicines on the market; calls on the Commission to look at the huge differences across the EU of the average number of days between the approval of a medicine and the moment it become available to patients and to propose new ways to improve the regulatory process and its implementation and implement innovative solutions to reduce delays to the market entry of medicines;

51.

Emphasises that any revision of the regulatory procedures and approaches to the assessment of scientific evidence must be undertaken cautiously in order to adequately take the benefit to patients and safety aspects into consideration;

52.

Stresses the need to reduce medicine approval times, setting, where appropriate, a time limit for market access, and to align them with EMA decision-making times, in order to ensure rapid and equal access to medicines for everyone in the EU and prevent discrimination between EU citizens; recalls that MAH and distributors could also play a key role in the availability of medicinal products across the EU by avoiding the discontinuation of products and delays to arrival on the market due only to commercial factors;

Public-private partnerships and innovation

53.

Highlights the benefits of public-private partnership tenders for national health systems in funding research into and the production of innovative medicines and research into medicine repurposing, and that academia-pharma cooperation is essential for the exchange of knowledge and information for the benefit of all patients across the Union;

54.

Stresses that such collaboration must guarantee that research priorities are driven by patient and public health needs and that public funds are invested in a transparent manner, ensuring the availability and affordability of products resulting from these partnerships and public funds;

55.

Calls on the Commission to ensure that the European Partnership for Health Innovation is driven by public interest considerations; calls on the Commission to adopt and implement a general policy on such conditionalities under Horizon Europe;

European Health Emergency Preparedness and Response Authority (HERA)

56.

Welcomes the launch on 17 February 2021 of the HERA incubator focused on tackling variants of the COVID-19 virus;

57.

Takes note of the Commission proposal to establish HERA; considers that the authority should identify health threats, initiate and support the development of innovation, establish at EU level a list of medicinal products of major therapeutic interest, facilitate their production within the EU, and promote the joint purchase and build up strategic stocks of such medicines;

58.

Calls for the granting of sufficient resources and power autonomy to broadly address all the cross-borders threats to health that the EU could face in the medium term and beyond the COVID-19 pandemic, including resources for the development of new therapeutics against viral and bacterial pathogens;

59.

Calls on the Commission to ensure that HERA is public-interest driven and contributes effectively to the development, availability and affordability of safe and effective medical countermeasures;

60.

Reiterates its position that the Commission should consider the creation of a European version of the US Biomedical Advanced Research and Development Authority; welcomes the fact that the Commission has made a proposal for a European HERA but expresses its disappointment that Parliament has not been involved in its proper role as co-legislator;

Procurement practices

61.

Stresses the importance of new joint EU public procurement contracts by the Commission and the Member States, especially for, but not limited to, emergency medicines and unmet therapeutic needs to improve their affordability and access to them at EU level; calls for exploration of such practices in areas such as rare diseases and cancer through clearly outlined milestones, objectives and commitments agreed by all parties involved; highlights the need to ensure high levels of transparency in these initiatives and to apply lessons learned from the joint procurement of COVID-19 products; stresses that joint procurement must not risk having a negative impact on supply flows by increasing the risk of shortages in the EU;

62.

Underlines that joint procurement should be based on shared responsibilities and a fair approach, with rights and obligations for all parties involved; stresses that clear commitments should be made and respected, with manufacturers delivering the agreed production levels and the authorities purchasing the agreed reserved volumes;

63.

Further underlines that where joint procurement is deployed, the awarding process should take into account qualitative criteria such as the ability of the manufacturer to ensure security of supply during a health crisis;

64.

Highlights that joint public procurement should have a clearly defined scope, given the potential for new innovative antibiotics, vaccines, curative medicines and medicines for rare diseases, for example, while taking into consideration the need for more balanced public-private investment, clear liability for manufacturers, and sufficient flexibility for Member States in line with national specificities, while honouring the commitments undertaken;

65.

Welcomes the reference in the strategy to the fact that actions in the area of public procurement can foster competition and improve access to medicines; urges the Commission, in the context of Directive 2014/24/EU (18), to swiftly propose guidelines for the Member States, notably on how to best implement the most economically advantageous tender (MEAT) criteria, looking beyond the lowest price criteria alone; emphasises that security of supply is an essential factor and must be used as a qualitative criterion in connection with the awarding of public pharmacy contracts and calls for tender for the supply of medicines; emphasises the importance of diversified supplies and sustainable procurement practices for pharmaceuticals; proposes that investments in the manufacture of active ingredients and medicinal end products in the EU should also be retained as an essential criterion, as well as the number and location of production sites, the reliability of supply, the reinvestment of profits into R&D, and the application of social, environmental, ethical and quality standards;

66.

Considers that, in times of crisis, part of the Union’s joint procurement could, where appropriate and upon request, be pre-allocated to low- and middle-income third countries, in a spirit of solidarity;

67.

Calls on the Commission and the Member States to consider introducing procurement procedures under which contracts may be awarded to a number of successful tenderers, including joint tenderers;

Access to medicines in the EU

68.

Is concerned that the accessibility and affordability of medicines remain a challenge for national health systems, and that innovative medicines are expensive or in certain Member States not even brought to the market for commercial reasons;

69.

Calls on the Commission to look into policy options that help guarantee that centrally authorised medicines are marketed in all Member States and not just in those that are commercially interesting; stresses the need to ensure that any form of incentive at EU level leads to the fair and affordable pricing of pharmaceuticals, particularly innovative ones, across all Member States;

70.

Welcomes the Commission’s intention to review pharmaceutical legislation to promote robust and fair competition, to support the Member States in stabilising and balancing national drug pricing systems, to promote fair national drug pricing systems and to ensure equal access to medicines and medical products across the Member States; highlights that decisions on the pricing of medicines and reimbursement of the cost of medicines are the purview of Member States;

71.

Stresses that commercial withdrawals can have serious consequences in terms of the availability of medicines and thus hamper patients’ access to timely, equitable and high-quality treatment; underlines that commercial withdrawals of essential medicines should take place in situations where substitute and equivalent treatments are available for patients and should be subject to extended early notification obligations for MAHs and distributors, to ensure that Member State authorities are able to manage the situation of MAHs and distributors in the interest of patients;

72.

Calls on the Commission to consider new processes for promoting the repurposing of medicinal products; calls on the Commission to facilitate broader off-label use of medicines, including less expensive medicines and medicines used for rare cancers, among others, whenever there is strong scientific evidence of efficacy and safety for patients; highlights, in addition, the opportunity for a new framework to support the marketing and use of drugs with new approved indications in order to make drug repurposing more attractive in the EU;

73.

Calls on the Commission to develop European health strategies on the basis of a common basket of medicines for the treatment of cancer, infections and rare diseases and in other areas particularly affected by shortages; calls on the Commission to consider the option of common pricing criteria to make such medicines affordable; believes that facilitating faster access, without compromising safety, would be especially beneficial for patients with severe chronic diseases; suggests accordingly that patients be allowed to take part in decisions on risk-benefit, from early access to new and innovative medicines and treatment;

74.

Encourages the inclusion of disease-based communities in the EMA’s scientific advice processes, for rare cancers and diseases, so that they can provide regulators with their expertise on the disease concerned and factor in its rarity and unmet needs;

Supporting a transparent, competitive and innovative EU pharmaceutical industry to respond to public health needs

75.

Insists that a competitive, self-sufficient and sustainable EU pharmaceutical industry is of strategic importance for the Union as it fosters innovation, research and high-quality employment and is more responsive to patients’ needs; points out that the industry needs a stable and predictable regulatory environment, but one which limits the administrative burden and safeguards the principle of prevention and the availability of safe, effective and high-quality medicines on the EU market; underlines that the marketing authorisation system should build on the existing legislative framework and prevent duplication and any additional administrative burden;

76.

Welcomes the strong focus and several initiatives included in the pharmaceutical strategy on the need to optimise and modernise the existing regulatory framework, such as through revision of the variations legislation, more digitalised and efficient regulatory processes, implementation of electronic product information (ePI), streamlined active pharmaceutical ingredient (API) assessment, and better good manufacturing processes (GMPs)/manufacturing management and resources; urges the Commission to make swift progress on this agenda, making the best use of existing digital tools at EU level (telematics);

77.

Urges the Commission and the Member States to introduce financial incentives, where appropriate, to preserve and expand the EU’s pharmaceutical industrial base, from the production of active pharmaceutical ingredients to medicine manufacturing, packaging and distribution; emphasises the strategic significance of this sector and the importance of investing in European companies in order to diversify resources and encourage the development of innovative production technologies capable of enhancing the responsiveness of entire production lines; recalls that all public funding should facilitate the best outcomes for patients, including in terms of the accessibility of manufactured medicines, by respecting transparency, traceability and supply obligation conditionalities;

78.

Recalls the Commission communication of 5 May 2021 entitled ‘Updating the 2020 New Industrial Strategy: Building a stronger Single Market for Europe’s recovery’, which analyses the EU’s strategic dependencies, including the production of active pharmaceutical ingredients and other health-related products, which could lead to vulnerabilities for the EU and affect its core interests, and which refers to the pharmaceutical strategy as a means to address these issues;

79.

Recalls the critical need for global health and for global supply chains to develop local production and distribution capacities in the EU and in developing countries, notably in terms of pharmaceutical research, development and production and always in accordance with social standards and industry due diligence; calls on the Commission to use the industrial, intellectual property and pharmaceutical strategies to facilitate bridging the persisting gap in research and medicine production through product-development partnerships and the creation of open centres for research and production;

80.

Considers that pharmaceutical manufacturing plants are part of Europe’s critical health infrastructure; calls therefore on the Commission and the Member States to monitor foreign direct investment in the sector; suggests applying the European Programme for Critical Infrastructure Protection to the health infrastructure sector;

81.

Points out that developing new mutual recognition agreements on GMP certificates and extending the scope of existing ones (most importantly on inspections and batch testing) with more countries who have high manufacturing standards could make it easier to include sites in non-EU countries in a production supply chain without giving up European standards, which would allow for higher production capacity in times of crisis;

82.

Urges the Commission to propose the inclusion of environmental standards, especially on waste and wastewater management, in the Good Manufacturing Practice guidelines at international level;

83.

Highlights the need for up-skilling, re-skilling and out-skilling of workers for healthcare careers in order to be better prepared for potential emergency and crisis situations; calls for due consideration to be given to the further training and retraining of workers involved at all stages of the value chain and to broadening the range of training opportunities for STEM specialists;

84.

Highlights the latest evolution of pharmaceutical products towards disease and patient-specific therapeutics, involving scrupulous manufacturing steps and the need to take into account the high sensitivity to environmental and transport conditions and complicating supply chain logistics; invites the Commission to maximise synergies between European funds and other EU instruments and policies in order to support the design and operation of robust manufacturing processes and distribution networks ensuring agile, responsive and reproducible manufacturing;

85.

Calls on the Commission to expand the role of the EMA in the assessment of drug-device/diagnostic combination products to simplify the fragmented supervisory framework; believes that greater regulatory agility and efficiency can be achieved by adopting a more expertise-driven scientific assessment of marketing authorisations within the EMA;

86.

Believes that fostering and building on an attractive European industrial eco-system for the pharmaceutical sector is one of the key conditions for continuing to foster the relocation of production facilities back to the EU; further believes that relocation of this kind can help to make European healthcare systems more independent from third countries and more resilient to disruptions, given that breaks in supply put patients at risk when they are not able to obtain recommended alternative treatments;

87.

Calls on the Commission to include in the EU Statistics on Income and Living Conditions (EU-SILC) data on self-reported lack of access to medicines, as so far access to medicines is not measured in the EU-SILC;

88.

Supports the adaptation of existing frameworks for the acceptability in decision making and adoption of AI technologies so as to provide a pathway through which AI can be developed, adopted and implemented in healthcare systems through inclusivity, capacity-building and trust; reiterates that, as with all AI-based technologies, human oversight must be guaranteed at all times; believes that legislation should not lag behind innovation; calls on the Commission to introduce a degree of regulatory flexibility in order to be able to respond more rapidly and effectively to new requirements and products, while respecting safety and ethical criteria;

89.

Calls on the Commission to facilitate assessment processes that allow for early and iterative dialogue on data and evidence as they are generated; calls on the EMA and national medicine agencies to prioritise the submission of data from randomised controlled clinical trials that compare investigational medicines according to the EMA definition against the standard treatment;

90.

Notes that decisions taken regarding the EU’s pharmaceutical regulatory environment will have implications beyond EU borders, given that several third countries recognise and rely on EU requirements, particularly when it comes to facilitating exports and waiving requirements to test them in third countries when they come from the EU; therefore emphasises the importance of maintaining such mutual recognition agreements with third countries where possible and ensuring that they remain up to date;

91.

Points out that the EU should focus on developing adequate capacity for the sustainable production of active substances, raw materials and medicines which reduce dependence on external sources; advocates greater legal certainty for drug developers;

Supplementary protection certificates

92.

Calls on the Commission to evaluate the added value of the supplementary protection certificate (SPC) mechanism in order to prevent delays in access to generic medicines and improve the financial sustainability of healthcare systems;

93.

Draws attention to differences in the validity of patents and SPCs in the various Member States; calls on the Commission to revise the use of SPCs on the basis of technological and scientific advances so as to enable generic and biosimilar medicines to become more competitive within and outside the EU;

94.

Calls on the Commission to evaluate the impact that a proposal for a unitary SPC would have on the market entry of generic and biosimilar medicines and on equitable patient access to treatments, and on the basis of such an evaluation propose a unitary SPC where appropriate;

95.

Underlines that the use of SPCs should be allowed only in exceptional and justified cases;

Innovative and new medicines

96.

Stresses that R&D is key for the development of innovative medicines, therapies and diagnoses;

97.

Highlights the fact that gene and cell therapies, personalised medicine, radionuclide therapy, nanotechnology, next-generation vaccines, including tmRNA derivatives, e-health and the ‘1+ Million Genomes’ initiative can bring enormous benefits in relation to the prevention, diagnosis, treatment and post-treatment of all diseases if they prove their added value compared to existing health technologies; underlines the transformative potential of these novel therapies and technologies for patients as well as societies at large, for example by enabling a shift from chronic management and care to one-time treatment, thereby contributing to reducing costs for health systems, and strengthening their efficacy, sustainability and resilience; urges the Commission to promote sufficient expertise, develop appropriate regulatory frameworks, guide new business models, consistently ensure high standards for safe products, and run information campaigns to raise awareness and ensure the uptake of these innovations; urges the Commission to propose adequate resources for the EMA to meet these objectives effectively;

98.

Recognises that advanced therapy medicinal products (ATMPs) are fundamentally different from traditional pharmaceuticals as they address the root causes of disease, and that their fundamental durability and potential curative nature could allow them to be the future of medicine; acknowledges that regulatory bodies such as the EMA are set to review and approve dozens of ATMPs over the coming years, underlining the need for the Commission to establish, in addition to its ATMP Action Plan, a robust regulatory landscape that facilitates access for all eligible European patients, and to continue to build on Europe’s position as a major player in ATMPs in order for Europe to remain globally competitive in ATMP development;

99.

Calls on the Commission to ensure that the existing coordinating bodies will facilitate cross-border treatments based on ATMP and that patients across Europe enjoy equitable access to innovative therapies;

100.

Urges the Commission to work with the EMA to create a one-stop shop for ATMP developers so as to provide them with guidance and a forum for communication on their applications;

101.

Urges the Commission and the EMA to consider the full lifecycle of all innovative medicines and therapies, including gene and cell therapies, personalised medicine, nanotechnology and next-generation vaccines, and ensure a fit-for-purpose framework for off-patent competition at the time of loss of exclusivity; calls on the Commission to establish a regulatory framework for nanomedicines and nanosimilar medicines, and calls for these products to be approved through a compulsory centralised procedure;

102.

Highlights that the take-up of new and innovative treatments, as well as their successful delivery to patients, depends on the knowledge, preparedness and technical base at the disposal of medical personnel; calls on the Commission and Member States to further cooperate with each other by sharing knowledge and best practices regarding emerging innovative medicines and treatments in order to better prepare their medical professionals;

Clinical trials

103.

Calls on the Commission to fully implement the Clinical Trials Regulation (19) to facilitate the launch of large clinical trials carried out in a harmonised and coordinated manner at EU level; stresses that patient associations should be more involved in defining research strategies for public and private clinical trials, in order to ensure that they meet the unmet needs of European patients; welcomes the revision of pharmaceutical legislation to reduce red tape and to adapt it to cutting-edge products, scientific advances and technological transformation; supports clinical trials that are more patient-centred, as well as a new framework for the design of innovative trials, and the pilot project to adopt a framework for the reuse of off-patent medicines; welcomes the launch of a vaccine platform to monitor vaccine efficacy and safety, supported by an EU-wide clinical trials network; urges the Commission to ensure more transparency in clinical trial results, with pharmaceutical companies sharing participant-level data, both positive and negative results, protocols and other trial documents in a timely manner;

104.

Calls on the Commission to ensure continuous dialogue between the European Centre for Disease Control, the EMA and vaccine developers on the establishment and functioning of the vaccine platform to monitor vaccine efficacy and safety;

105.

Calls for full implementation of the rules governing clinical trials in order to consolidate a clear and proportionate set of rules to ensure legal certainty for operators; calls on the Commission to improve the participation of public researchers in clinical trials and to allow clinical trials to be carried out in several Member States simultaneously for long-term research;

106.

Stresses that R&D clinical drug trials are very rarely successfully completed and that the R&D therefore does not result in final drug approval;

Health technology assessment

107.

Welcomes the agreement reached by Parliament and the Council on the forthcoming regulation on health technology assessment and calls for its swift adoption and thorough implementation so as to foster greater convergence between Member States on the evaluation of health technologies and to facilitate rapid access to innovative treatments for patients;

108.

Points out that new health technologies should demonstrate their clinical added value and cost-effectiveness compared to what is already available on the market; emphasises that health technology assessment is a tool to support this analysis but that it is currently highly fragmented within the Union, although it can enable cooperation on clinical evidence requirements and clinical trial design and therefore support Member States’ timely and evidence-based decision making on patient access to new medicines; reiterates that the Commission and Member States implement the regulation expeditiously in accordance with the agreed timeframe;

Current framework for authorisation

109.

Urges the Commission, based on the experience of the authorisation of COVID-19 vaccines, to work with the EMA to consider extending the application of rolling reviews to other emergency medicines and evaluate if further regulatory flexibilities could contribute to a more efficient authorisation system, while safeguarding a high level of safety, quality and effectiveness;

110.

Welcomes the fact that the strategy recognises that the better use of ePI will support the better delivery of information to patients and the wider availability of medicines, especially in critical situations;

111.

Calls on the Commission to work with the EMA and the EU regulatory network, including industry and all relevant stakeholders, to develop and implement the use of ePI for all medicines in the EU in all the languages of the Member States where the medicines are marketed;

112.

Calls on the Commission to reassess the system which leads from conditional marketing authorisation to standard marketing authorisation or to the exceptional renewal of the authorisation, on the basis of robust clinical data; calls on the EMA to thoroughly carry out the final evaluation and ensure the strict compliance by producers with all of the requirements for each medicine under conditional marketing authorisation in order to ensure the efficacy and safety of such medicine; asks for the time before the final evaluation to be reduced from five to three years where such measures are supported by sufficient clinical data;

113.

Encourages the Commission, in cooperation with the EMA, to consider how established tools such as accelerated authorisation, early dialogue, the PRIME scheme and expanded guidance can be used to make medicine available to patients at a faster pace, especially medicine that has the potential to address an urgent public health threat or an unmet medical need; calls on the Commission to further the application of the EMA’s PRIME scheme for life-saving medicines and to include a PRIME designation in the legislative framework, without affecting the safety of patients; recalls that accelerated schemes should not be misused where sufficient evidence on regular marketing authorisation is lacking;

114.

Calls on the Commission, the EMA and the competent authorities to capitalise on all the pragmatic efforts made during the COVID-19 crisis, in particular as regards regulatory flexibility, with a view to effectively tackling medicine shortages, including in emergency situations;

115.

Calls for long-term monitoring of medicines placed on the market in order to identify any harmful side effects and assess their cost-effectiveness as treatments;

SMEs and pharmaceuticals

116.

Calls on the Commission to create an innovation ecosystem that facilitates the exchange of experience and access for SMEs and contributes to the EU’s becoming a hub for global medical innovation; notes that the Commission should seek new advisory strategies to facilitate access to innovation funds for smaller companies; points out that bureaucratic hurdles and complexity make it difficult for SMEs and public research centres to take full advantage of European innovation programmes; underlines the need to promote access to funding lines to support the work of new start-ups and SMEs, while respecting the established conditions and criteria;

117.

Supports the Commission’s Intellectual Property Action Plan proposal to update a series of existing tools and make them fit for the digital age;

118.

Calls for the intellectual property system to be made more effective for SMEs through measures to simplify intellectual property registration procedures, improve access to strategic intellectual property advice, and facilitate the use of intellectual property as a lever to access funding, for example through the Intellectual Property Rights Helpdesk for SMEs; highlights the need to allocate more resources at EU level to the fight against unfair and abusive practices in the market for medicines;

119.

Points out that SMEs play a crucial role in the pharmaceutical value chain, often as first movers and drivers of innovation;

Increasing resilience: prevention of medicine shortages, secure supply chains, sustainable medicines, crisis preparedness and response mechanisms

120.

Recalls that the EU’s open strategic autonomy is linked to the constant and sufficient availability of medicines in all Member States; reiterates, in this regard, the recommendations stated in its resolution of 17 September 2020 on the shortage of medicines; calls on the Commission, the Member States and the EMA to develop an early warning system for medicine shortages, based on a European innovative, user-friendly, transparent and centralised digital platform to exchange information and data on shortages and focusing on supply problems; considers that such a system should be capable of determining the volume of existing medicine stock and demand and provide data capable of detecting, predicting and preventing shortages of medicinal products; calls on the Commission, moreover, to increase public-private collaboration and to monitor the obligation on the part of all relevant supply stakeholders to provide early and transparent information on the availability of medicines, demand for medicines, parallel trade activities, export bans and market distortions, without undue regulatory and administrative burdens;

121.

Calls on the Commission to develop a mechanism to safeguard transparency in production and supply chains in the event of emergencies and beyond; stresses, in this regard, the importance of monitoring and fighting counterfeit pharmaceuticals;

122.

Underlines that the pharmaceutical sector remains an important industrial pillar, as well as a driving force in terms of job creation; stresses the importance of creating high-quality jobs in the EU along the entire pharmaceutical value chain and in the medical field, including the health workforce, with the support of the Next Generation EU instrument; calls on the Commission to propose measures to promote employment and skill-building in the pharmaceutical and medical sectors in all Member States, facilitating geographical balance, talent retention and employment opportunities across the EU as a whole;

123.

Calls on the Commission and the Member States to develop innovative and coordinated strategies and to step up the exchange of good practice in the area of stock management; takes the view that the EMA is the body best suited to be designated as the regulatory authority tasked with preventing shortages of medicines at EU level during emergencies and beyond;

124.

Calls on the Commission to extend the mandate of the EMA further so as to allow it to monitor medicine shortages even beyond health crises and to ensure that it has the necessary resources;

125.

Reiterates its call on the Commission and the Member States to ensure that MAHs and wholesale distributors comply with the requirements of Directive 2001/83/EC in order to secure appropriate and continued supplies of medicines, as well as respecting notification obligations in the event of temporary or permanent supply interruption, and to further clarify these obligations to ensure that MAHs report medicine shortages within the established timeframes; stresses the need to apply dissuasive and proportionate sanctions in the event of non-compliance with these legal obligations, in line with the existing legislative framework;

126.

Insists that the public service obligation established in Article 81 of Directive 2001/83/EC is not sufficient to ensure that the EU as a whole is adequately supplied; calls on the Commission to implement the recommendations of the EU Executive Steering Group on Shortages of Medicines Caused by Major Events in order to prevent and mitigate supply disruption during the pandemic and beyond;

127.

Recalls that the root causes of medicine shortages should be addressed and tackled as a matter of urgency, taking into account the links between the supply chain and production challenges;

128.

Calls on the Commission to therefore ensure that the revision of the general pharmaceutical legislation builds on a good understanding of the root causes of medicine shortages; highlights the need for the Union’s pharmaceutical industry to have a diversified supply chain and a medicine shortage risk mitigation plan to cope with any vulnerabilities and risks to the supply chain; stresses, however, that sustainable systemic policies need to be put in place before resorting to disproportionate regulatory requirements, an obligation to supply, penalties or ill-conceived stockpiling fragmenting the single market or threatening products’ economic sustainability, which may lead to further shortages;

129.

Considers it important that the single market for medicines is safeguarded and that unjustified import and export restrictions, which can cause harm to the single market and decrease affordability, are avoided and addressed by the Commission if they occur; calls on the Commission to assess, and where necessary address, the impacts of parallel trade with regard to medicine shortages in the Member States and to tackle problems adequately by taking the necessary action to ensure that medicines reach all patients in the EU in a timely manner;

130.

Calls on the Commission to use all the means at its disposal to prevent counterfeit medicinal products from entering the market, since such products are often of low quality and dangerous to health, and have a major economic impact;

131.

Notes that technical assistance for the Member States is necessary for the proper implementation of the European Medicines Verification System;

132.

Welcomes the fact that the Commission will continue to monitor mergers between pharmaceutical companies to prevent distortion of competition;

133.

Calls on the Commission to consider creating a European contingency reserve for critical medicinal products that are at a high risk of shortage, along the lines of the RescEU mechanism, in order to alleviate recurrent shortages;

134.

Recalls that medicine shortages have a direct impact on patients’ health and safety and the continuation of their treatment, particularly for vulnerable populations such as children, the elderly, pregnant women, people with disabilities, patients with chronic diseases or cancer, and people in an ICU;

135.

Calls on the Commission to draft a harmonised definition of ‘shortages’ and to standardise reporting requirements across Member States in order to enable closer cooperation and enhanced data exchange across Europe;

European Health Data Space, health data and GDPR

136.

Welcomes the initiative of building interoperable digital infrastructure for the European Health Data Space, which will collate real-world data, to leverage the full potential of real-world data and access to rare therapies and to ensure fair, transparent and non-discriminatory access to data throughout Europe; underlines that the consistent application and enforcement of the General Data Protection Regulation (20) (GDPR) in all Member States is the foundation for such initiatives;

137.

Requests that the Commission work with Member States to ensure the full and harmonised application of the GDPR with regard to conducting clinical research across the EU;

138.

Highlights the need to promote the use of health data in full compliance with the GDPR; further believes that it is of the utmost importance to enable and promote trust and data innovation in digital health, which will be possible through education and capability building for regulators, industry and patients;

139.

Highlights the need to promote both primary and secondary use of aggregated health data and the need in this regard for a clearer definition of secondary data use vs. primary data collection;

140.

Stresses that, owing to the sensitive nature of health data, the Commission and all relevant agencies should safeguard and guarantee that its processing operations respect the data protection principles of lawfulness, fairness, transparency, purpose limitation, data minimisation, accuracy, storage limitation, integrity and confidentiality; further stresses that Member States and EU bodies should strictly respect the principles of data protection as set out in Article 4 of Regulation (EU) 2018/1725 (21), while also determining appropriate technical and organisational security measures in accordance with Article 33 of that regulation;

141.

Recalls the essential role that new technologies, digitalisation and AI can play in enabling researchers from European laboratories to work in a network and share their objectives and results, while fully respecting the European Data Protection Framework; calls on the Commission to support measures favouring open science in order to accelerate the sharing of data and research results within the scientific community in Europe and beyond;

142.

Stresses the need to develop European federated data networks aiming to contribute to optimal research, development and healthcare delivery; underlines the importance of data sharing and data accessibility in deploying the full potential of AI in the field of healthcare, while putting in place robust ethical requirements and establishing clear liability rules; refuses the commercialisation of such data and notes the urgent need to act against the sale of such data to, among others, the pharmaceutical industry, health insurance providers, technology companies and employers;

143.

Considers that the interconnection and interoperability of high-performance computing infrastructures with the European health data area would ensure the availability of large, high-quality health data sets, which are critically important for research and treatment of pathologies, especially rare diseases and paediatric conditions;

144.

Supports the adaptation of existing frameworks for acceptability in decision-making and the adoption of AI technologies to provide a pathway through which AI can be developed, adopted and implemented in healthcare systems through inclusivity, capacity and trust;

Structured dialogue with stakeholders

145.

Recognises the multiple drivers of shortages and therefore the importance of ensuring the involvement of manufacturers and other supply chain stakeholders to prevent and manage medicine shortages;

146.

Supports the Commission in its efforts to conduct a structured dialogue with relevant actors in the pharmaceutical value chain, public authorities, non-governmental patient and health organisations, healthcare professionals, including pharmacists, and the research community as one of the tools to address the root causes of medicine shortages and the weaknesses in the global manufacturing and supply chain for critical medicines, pharmaceutical raw materials, intermediate products and active pharmaceutical ingredients, as well as identify opportunities for innovation; calls on the Commission to ensure the balanced representation of stakeholders;

147.

Urges the Commission, the Member States and stakeholders to draw up, as soon as possible and on the basis of this structured dialogue, a clear and ambitious policy roadmap to secure and modernise Europe’s existing manufacturing capacity for medicines, technology and active pharmaceutical ingredients;

148.

Believes that, in addition to the structured dialogue on manufacturing and supply chain, a wider political High Level Pharmaceutical Forum is also needed, bringing together policymakers, regulators, payers, patient organisations, industry representatives and other relevant stakeholders in the healthcare supply chain, in order to share the lessons learnt from the COVID-19 emergency situation and to establish an effective policy framework to prevent shortages in the long term, enable access to medicines for patients, reduce delays, and ensure competiveness and innovation;

149.

Highlights the valuable role of community pharmacies and recognises their valuable contribution during the pandemic in continuously providing an essential and quality service; stresses that pharmacists are an independent, reliable and trustworthy source of information; suggests that pharmacists play a more active role in pharmacovigilance activities to assess and monitor the effectiveness of medicines and invites Member States to include them in their health, care and research programmes; calls for greater recognition of pharmacies in rural areas, which enable such areas to retain their populations and ensure the well-being of citizens;

Sustainable and environmentally friendly medicines

150.

Stresses the need for the pharmaceutical industry to be environmentally friendly and climate-neutral throughout the lifecycles of medicinal products, while ensuring access to safe and effective pharmaceutical treatments for patients; calls on the Commission to strengthen inspection and auditing throughout the production chain, particularly outside the EU; urges the Commission to ensure quality environmental sustainability standards for active pharmaceutical ingredients imported from non-EU countries; calls on the Commission to address the problem of pharmaceutical household waste, through measures to reduce packaging and the size of containers to ensure that they are no larger than necessary, while ensuring convenient and safe handling for patients or consumers with limited mobility, and to bring medical prescriptions into line with real therapeutic needs; encourages the Commission to consider the potential of e-leaflets as a measure complementary to the current paper information tools, in order to reduce the use of paper in packaging, while also maintaining equal access to important information; acknowledges the steps already taken by the pharmaceutical industry such as, for example, the Eco-Pharmaco-Stewardship initiative;

151.

Considers that the European Green Deal constitutes a major opportunity to encourage pharmaceutical manufacturers to participate in the green recovery plan by producing in compliance with environmental and ecological standards;

152.

Stresses that pharmaceutical waste should be handled in line with the objectives and targets of the circular economy; believes that the pharmaceutical industry should have the same requirements and standards for packaging and waste management as other sectors; calls on the Commission to create a uniform framework for packaging that takes into account user-friendliness and the characteristics of the industry;

153.

Calls on the Commission to develop clear guidance on the role of procurement policy in promoting greener pharmaceuticals;

154.

Calls on the Commission to respond to the demands made by Parliament in its resolution of 17 September 2020 on a strategic approach to pharmaceuticals in the environment (22), in particular that it revise the pharmaceutical legislation to strengthen the environmental risk assessment requirements and conditions for the approval and use of medicines, provided that marketing authorisations are not delayed or refused solely on the grounds of adverse environmental impacts; further calls on the Commission to speed up the catch-up procedure for environmental risk assessments of human medicines authorised before 2006, where they are not available;

155.

Recalls that information such as the impact of pharmaceuticals on water, environmental behaviour and degradability plays a key role in risk management and that this type of information should be transparent and made available to all relevant stakeholders; welcomes the Commission’s efforts to address the problem of pharmaceuticals in the environment; stresses the need to continue and step up these efforts, in particular as regards investments in technologies providing more effective solutions for the removal of pharmaceuticals from waste water, the assessment of the environmental impact of veterinary medicines, the development of continuous monitoring, and data sharing on significant potential sources of this type of pollution;

156.

Insists that the pharmaceutical strategy for Europe should consider the objectives of the Zero Pollution Action Plan for water, air and soil;

157.

Supports the implementation of the ‘polluter pays principle’ to increase the responsibility of the pharmaceutical industry for the pollution it may generate;

158.

Calls on the Member States and the Commission to support research, development and innovation in the field of pharmaceuticals that are equally effective for patients and intrinsically less harmful for the environment;

159.

Stresses the importance of investment in finding new alternative, non-animal methodologies for drug development, without lowering the level of protection for human health and without prejudice to innovation in the field of pharmaceuticals;

The EU is leading the world in healthcare

160.

Calls on the Commission to further facilitate access to global markets for the EU pharmaceutical industry, including SMEs, through a level playing field and a robust and clear regulatory framework promoting the highest standards of quality and safety at international level and facilitating trade agreements that prize innovation-based competitiveness, in order to make the pharmaceutical sector a strategic pillar of the EU; calls on the Commission to ensure that trade agreements contribute to improved access to safe, effective and affordable medicines in the EU and in third countries; highlights the importance of removing trade and non-tariff barriers in third countries, and ensuring fair access to international markets for companies operating in the EU;

161.

Calls on the Commission to facilitate agreements between the EMA and non-EU regulatory agencies on preventing emergencies and coordinating responses to them with full respect for the highest EU standards of personal data protection; encourages the Commission to work with World Trade Organization members to facilitate trade in health products, increase resilience in global supply chains through stable access to raw materials, and contribute to an effective response in the event of a health emergency;

162.

Reiterates its commitment to continue working with the Commission and the World Health Organization to standardise safe, effective and sustainable regulatory frameworks for medicinal products and improve access to and the affordability of medicines globally;

Patents and the TRIPs agreement

163.

Notes that patent protection is a key incentive for companies to invest in innovation and produce new medicines; notes, at the same time, that the exclusionary effect of patents may lead to limited market supply and reduced access to medicines and pharmaceutical products; stresses that a balance should be struck between encouraging innovation through the exclusionary effect of patents and ensuring access to medicines and protecting public health; recalls that a company that markets a medicine can enjoy data exclusivity for a period of eight years as of the first marketing authorisation pursuant to Article 14(11) of Regulation (EC) No 726/2004; calls on the Commission to propose a revision of that regulation to provide for the possibility of temporarily authorising the granting of compulsory licences in the event of a health crisis in order to allow for the production of generic versions of life-saving medicines; recalls that this is one of the public health flexibilities in the field of patent protection already included in the WTO’s TRIPS Agreement, as further reaffirmed by the 2001 Doha Declaration; calls on the Commission to ensure that the implementation of EU free trade agreements (FTAs) does not interfere with the possibility of invoking flexibilities provided by the TRIPS Agreement and to provide guidance to Member States in order to encourage voluntary licensing over immediate compulsory licensing; stresses that FTAs should not focus exclusively on enforcing intellectual property standards in third countries, but should take into account the impact on generic and biosimilar medicines in the EU and in third countries, as well as ensure coordination of regulatory standards;

o

o o

164.

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

(1)  OJ C 263, 25.7.2018, p. 4.

(2)  OJ C 433, 23.12.2019, p. 153.

(3)  OJ C 270, 7.7.2021, p. 2.

(4)  Texts adopted, P9_TA(2020)0205.

(5)  Texts adopted, P9_TA(2020)0228.

(6)  Texts adopted, P9_TA(2020)0226.

(7)  OJ L 18, 22.1.2000, p. 1.

(8)  OJ L 311, 28.11.2001, p. 67.

(9)  OJ L 136, 30.4.2004, p. 1.

(10)  OJ L 378, 27.12.2006, p. 1.

(11)  OJ L 276, 20.10.2010, p. 33.

(12)  OJ L 158, 27.5.2014, p. 1.

(13)  OJ L 153, 11.6.2019, p. 1.

(14)  OJ L 107, 26.3.2021, p. 1.

(15)  OJ L 170, 12.5.2021, p. 1.

(16)  Proposal for a regulation of the European Parliament and of the Council of 11 November 2020 on a reinforced role for the European Medicines Agency in crisis preparedness and management for medicinal products and medical devices (COM(2020)0725); proposal for a regulation of the European Parliament and of the Council of 11 November 2020 amending Regulation (EC) No 851/2004 establishing a European Centre for disease prevention and control (COM(2020)0726); proposal for a Regulation of the European Parliament and of the Council of 11 November 2020 on serious cross-border threats to health and repealing Decision No 1082/2013/EU (COM(2020)0727).

(17)  OJ C 450, 28.12.2020, p. 1.

(18)  Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).

(19)  Regulation (EU) No 536/2014 of the European Parliament and of the Council of 16 April 2014 on clinical trials on medicinal products for human use, and repealing Directive 2001/20/EC (OJ L 158, 27.5.2014, p. 1).

(20)  Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (OJ L 119, 4.5.2016, p. 1).

(21)  Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).

(22)  OJ C 385, 22.9.2021, p. 59.


Thursday 25 November 2021

8.6.2022   

EN

Official Journal of the European Union

C 224/69


P9_TA(2021)0472

Legal migration policy and law

European Parliament resolution of 25 November 2021 with recommendations to the Commission on legal migration policy and law (2020/2255(INL))

(2022/C 224/06)

The European Parliament,

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

having regard to Article 3(2) of the Treaty on European Union,

having regard to Article 79 of the Treaty on the Functioning of the European Union,

having regard to the Charter of Fundamental Rights of the European Union, in particular Article 45 thereof,

having regard to the European Pillar of Social Rights, in particular Principles 5, 10, 12 and 16 thereof,

having regard to the European Convention for the Protection of Human Rights and Fundamental Freedoms, in particular Article 2 of Protocol 4,

having regard to the Union legal migration acquis developed between 2003 and 2021 which regulates the conditions of entry and residence and the rights of third-country nationals working in the Union and which includes:

Directive (EU) 2021/1883 of the European Parliament and of the Council of 20 October 2021 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment, and repealing Council Directive 2009/50/EC (1),

Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing (2),

Directive 2014/36/EU of the European Parliament and of the Council of 26 February 2014 on the conditions of entry and stay of third-country nationals for the purpose of employment as seasonal workers (3),

Directive 2014/66/EU of the European Parliament and of the Council of 15 May 2014 on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer (4),

Directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State (5),

Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals (6),

Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (7),

Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification (8),

having regard to Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (9),

having regard to Regulation (EU) 2016/589 of the European Parliament and of the Council of 13 April 2016 on a European network of employment services (EURES), workers' access to mobility services and the further integration of labour markets, and amending Regulations (EU) No 492/2011 and (EU) No 1296/2013 (10),

having regard to Regulation (EU) 2019/1149 of the European Parliament and of the Council of 20 June 2019 establishing a European Labour Authority, amending Regulations (EC) No 883/2004, (EU) No 492/2011, and (EU) 2016/589 and repealing Decision (EU) 2016/344 (11),

having regard to the European Council conclusions on COVID-19 and migration of 24 June 2021, in particular no. 12,

having regard to the EU Emergency Trust Fund for Africa,

having regard to the Commission staff working document of 29 March 2019 entitled ‘Fitness Check on EU Legislation on legal migration’ (the ‘Fitness Check’),

having regard to the communication of the Commission of 13 May 2015 entitled ‘A European Agenda on Migration’,

having regard to the communication of the Commission of 24 November 2020 entitled ‘Action plan on Integration and Inclusion 2021-2027’,

having regard to the communication of the Commission of 6 April 2016 entitled ‘Towards a reform of the Common European Asylum System and enhancing legal avenues to Europe’,

having regard to the communication of the Commission of 12 September 2018 entitled ‘Enhancing legal pathways to Europe: an indispensable part of a balanced and comprehensive migration policy’,

having regard to the communication of the Commission of 23 September 2020 on a New Pact on Migration and Asylum,

having regard to the action plan and political declaration adopted at the EU-Africa Summit on Migration, held in Valletta on 11 and 12 November 2015, in particular their respective parts on legal migration and mobility,

having regard to the press release of the Commission of 11 June 2021 entitled ‘Talent Partnerships: Commission launches new initiative to address EU skills shortages and improve migration cooperation with partner countries’,

having regard to the Commission Joint Research Centre study of 23 April 2020 entitled ‘Immigrant Key Workers: Their Contribution to Europe’s COVID-19 Response’ and the Commission Joint Research Centre technical report of 19 May 2020 entitled ‘A vulnerable workforce: Migrant workers in the COVID-19 pandemic’,

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 (12),

having regard to its resolution of 19 June 2020 on European protection of cross-border and seasonal workers in the context of the COVID-19 crisis (13),

having regard to its resolution of 20 May 2021 on new avenues for legal labour migration, based on an initiative report of the Committee on Civil Liberties, Justice and Home Affairs (14),

having regard to the study by the Policy Department for Citizens’ Rights and Constitutional Affairs of its Directorate-General for Internal Policies of September 2015 entitled ‘Exploring new avenues for legislation for labour migration to the European Union’,

having regard to the study by the Policy Department for Citizens’ Rights and Constitutional Affairs of its Directorate-General for Internal Policies of October 2015 entitled ‘EU cooperation with third countries in the field of migration’,

having regard to the study by the European Parliamentary Research Service of March 2019 entitled ‘The cost of non-Europe in the area of legal migration’,

having regard to the study by the European Parliamentary Research Service of September 2021 entitled ‘Legal migration policy and law — European added value assessment’,

having regard to the studies by the European Migration Network,

having regard to the Universal Declaration of Human Rights, in particular Article 13 thereof,

having regard to the Global Compact for Safe, Orderly and Regular Migration of 19 December 2018,

having regard to the international labour standards on labour migration adopted by the International Labour Conference of the International Labour Organization,

having regard to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families adopted by the General Assembly of the United Nations on 18 December 1990,

having regard to the studies on legal migration by the Organisation for Economic Co-operation and Development,

having regard to the work and reports of the UN Special Rapporteur on the human rights of migrants,

having regard to the study by the Center for Global Development of 15 July 2019, entitle ‘Maximizing the Shared Benefits of Legal Migration Pathways: Lessons from Germany’s Skills Partnerships’,

having regard to the Africa Migration Report: Challenging the narrative of October 2020 by the International Organization for Migration,

having regard to the study by the European Parliamentary Research Service of August 2021 entitled ‘The European Commission’s New Pact on Migration and Asylum — Horizontal substitute impact assessment’,

having regard to Rules 47 and 54 of its Rules of Procedure,

having regard to the opinion of the Committee on Development,

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A9-0314/2021),

A.

whereas an adequate implementation of the existing legal acts on labour migration is equally important to proposing new legal acts;

B.

whereas Article 79(1) of the Treaty on the Functioning of the European Union (TFEU) states that ‘The Union shall develop a common immigration policy aimed at ensuring, at all stages, the efficient management of migration flows, fair treatment of third-country nationals residing legally in Member States, and the prevention of, and enhanced measures to combat, illegal immigration and trafficking in human beings’;

C.

whereas the Union is one of the main investors in developing human capital in neighbouring countries;

D.

whereas the creation of additional legal pathways at Union level could help to provide Member States with a tool to properly face upcoming demographic challenges, meet the demands of the labour markets that cannot be met by the domestic workforce and enhance the matching of skills on the labour markets;

E.

whereas 23 million third-country nationals were legally resident in the Member States in 2020, some 5,1 % of the total Union population (15);

F.

whereas the low issuance rate of long-term resident permits indicates that there might be a need to improve their attractiveness, something that could be achieved by a revision of Directive 2003/109/EC to clarify the advantages of holding an EU long-term residence permit and approximate national legislative schemes;

G.

whereas, according to the Commission report on the Impact of Demographic Change, adopted on 17 June 2020 (16), the median age of the population of the Union is currently 44 years, has been increasing for several years and will continue to do so for at least the coming two decades;

H.

whereas this implies that over the coming decades the Union will face a growing share of the population consisting of citizens aged 65 years and above, while the share of the population being of working age is projected to decrease during the same time period;

I.

whereas the Fitness Check states that the current Union rules on legal migration have had limited impact in relation to attracting the skills and talents needed for the Union labour market and economy and that the current legal framework is ‘fragmented and presents a number of gaps, as well as implementation problems’;

J.

whereas the main findings of the Fitness Check highlight effective legal migration policies as being key in the management of migratory flows;

K.

whereas Commissioner Ylva Johansson stated on the occasion of the launch event of the talent partnerships on 11 June 2021 that the Commission’s strategic objective is to replace irregular migration with legal pathways (17);

L.

whereas visa measures can act as a positive incentive in the engagement with third countries; whereas the full implementation of the recently revised Visa Code (18) and additional efforts on visa facilitation with third countries are part of a comprehensive approach to migration policy outlined in the New Pact on Migration and Asylum; whereas more cooperation and exchange of information would help to detect visa abuse;

M.

whereas the partnership frameworks between Member States and third countries can serve as a crucial tool in the acceleration of mutual recognition of skills and qualifications of legal labour migrants;

N.

whereas several Member States have already entered into successful partnerships with third countries to create a legal pathway for labour migration and to match labour market demands on a smaller scale through pilot projects; whereas talent partnerships should build upon positive lessons learned from these projects;

O.

whereas the renewed European Partnership for Integration with social and economic partners looks into expanding future cooperation to the area of labour migration;

P.

whereas the mismatch of skills on the Member States’ labour markets has proven very costly for the Union, causing its economy to lose over 2 % of productivity per year according to a study from the European Economic and Social Committee from 2018 (19); whereas that study states that the mismatch occurs on all skill levels, ranging from cooks and truck drivers to medical doctors and teachers; whereas that study asserts that the current legislative schemes are insufficient to ensure that the Union remains economically competitive in the short, medium and long-term and to meet the demands of the Member States’ labour markets;

Q.

whereas in 2017 there were around 3,1 million third-country nationals holding an EU long-term residence permit compared to around 7,1 million third-country nationals holding a national long-term residence permit (20);

R.

whereas the two main objectives of Directive 2011/98/EU are the facilitation of application procedures for a combined work and residence permit and equal treatment; whereas the evaluation of that Directive as part of the Fitness Check and its implementation report identified a number of shortcomings with regard to the achievement of those objectives; whereas, to address those shortcomings, the Commission in the New Pact on Migration and Asylum announced a number of new initiatives, including a revision of that Directive;

S.

whereas technical developments have transformed the way the world works and has created a situation in which many Union workers and self-employed persons work remotely; whereas remote workers are currently stuck in a legal grey area because they cannot apply for a traditional work permit in a Member State (21)

T.

whereas a number of Member States have launched ‘digital nomad visas’, which aim to facilitate the residence of remote workers or remote self-employed persons within a Member State and to allow them to work (22);

U.

whereas the Union is in the process of a post-pandemic economic recovery; whereas improved legislative schemes on legal labour migration are a decisive factor for the economic recovery of the Union;

V.

whereas, according to the Commission Joint Research Centre study of 23 April 2020 entitled ‘Immigrant Key Workers: Their Contribution to Europe’s COVID-19 Response’, an average of 13 % of workers key for societies are immigrants to the Union, which shows that they played a crucial role as regards the Union's ability to handle the COVID-19 pandemic;

W.

whereas the direct link between the residence rights of legally staying third-country nationals and their employer exposes them to potential labour exploitation; whereas there have been calls to phase out those kinds of permits and instead allow legally staying third-country nationals to change employers without losing their work permits (23);

X.

whereas Directive 2009/52/EC provides for sanctions and measures that can be used against employers exploiting illegally staying third-country nationals who are working; whereas third-country nationals who have entered the Union legally can also be exploited and should benefit from the same level of protection;

Y.

whereas the European Labour Authority has strengthened its cross-border operational capacity to support and strengthen national labour inspectorates and authorities, as well as social partners, in order to promote fair labour mobility and tackle cross-border fraud and abuse;

1.

Considers that, in order to face upcoming demographic challenges in Member States with data showing that the share of inhabitants aged 65 years or above is projected to be around one third of the Union population by 2050 (24), which will produce significant labour shortages at all skill levels (25), the Union needs to present new avenues for legal labour migration to the Union, while also taking into account the fact that Member States’ labour markets are different and face different kinds of labour shortages and challenges; is of the view that such new avenues will prove imperative for increasing the Union’s economic competitiveness and its global influence as the champion of democracy, the rule of law, human rights and free trade in goods and services, and as the leader in the fight against climate change; notes that such new avenues should ensure decent working conditions and reduce the exploitation of third-country workers; notes, moreover, that in a scenario where barriers to legal labour migration are reduced and labour market discrimination against third-country workers is diminished, it is estimated that long-run GDP gains of EUR 74 billion per year could be made in the Union (26); is concerned that high barriers to legal labour migration entail reduced attractiveness of the Union in the global competition of workers of all skill levels; highlights that the introduction of new legal channels for migrants to enter the Union for work could generate up to EUR 37,6 billion in GDP gains per year (27);

2.

Requests that the Commission submit, by 31 January 2022, on the basis of Article 79(2) TFEU, in particular points (a) and (b) thereof, a proposal for an act that would serve as a package of proposals to facilitate and promote entry into and mobility within the Union for legally migrating third-country nationals applying for work or already holding a work permit and that, by aligning provisions across the existing legal migration directives, would serve to reduce bureaucracy, enhance harmonisation, promote fundamental rights, such as equal treatment, and prevent labour exploitation, following the recommendations set out in the Annex to this Report; notes that such a new act supporting legal labour migration from third countries and a greater degree of mobility remains one of the main answers to the current mismatches between labour supply and demand;

3.

Considers that the creation of a Union talent pool for third-country nationals who wish to apply for work with a view to migrating legally to a Member State, as well as for Union-based employers to search for potential employees in third countries, would be an essential tool for achieving the purpose of the proposed act and calls on the Commission to include the creation of such a talent pool in its proposal; proposes that the Commission include, within the talent pool, a Union talent remote network that would allow third-country nationals to work remotely in a Member State other than the one in which they are residing and the Commission and the Member states to work together to better understand the benefits and challenges of hiring third-country nationals talent remotely, and promote fair remote hiring of international talent; points out that such a network would be optional for Member States to use;

4.

Supports the Commission’s statement in its communication of 23 September 2020 on a New Pact on Migration and Asylum regarding the enhancement of bona fide short-term mobility as a complement to legal pathways, especially for the purposes of research or study, in order to improve upstream cooperation with third countries and requests the Commission to explore this direction further;

5.

Asks the Commission to take into account Article 15 (1) of the Parliament and Council partial provisional agreement on the Reception Conditions recast Directive, thus reducing the negative impact of forced inactivity until the finalisation of the asylum procedure;

6.

Welcomes Directive (EU) 2021/1883 (the revised Blue Card Directive) but considers it insufficient due to the fact that the labour markets of the Union are also in need of low and medium-skilled workers, even though those needs differ; notes that the Union is already dependent on them in essential sectors such as agriculture and healthcare (28); calls, therefore, on the Commission to make it a priority to include in its proposal an ambitious admission scheme for low and medium-skilled third-country workers in consultation with social partners and civil society, while reflecting the needs of the Member States; calls on the Commission to include the creation of a framework for validation and recognition of the skills and qualifications of third-country nationals, including vocational training, based on objective and uniform criteria, to facilitate their early integration into the labour market; requests that the framework for validation and recognition of skills and qualification ensure that third-country nationals are consistently treated fairly during the validation and recognition process, enable efficient schemes and procedures, and facilitate obtaining information in an efficient and easy way; encourages the Commission to insist that national authorities continue to share information and best practices with one another; calls on the Commission, moreover, to promote by all means possible, including by means of targeted campaigns, the revised Blue Card Directive, including in start-ups and in the IT sector, where skills are recognised equivalently to qualifications as set out in Article 26, read jointly with Annex I, of that Directive; recalls, however, that Article 79(5) TFEU states that that Article ‘shall not affect the right of Member States to determine volumes of admission of third-country nationals coming from third countries to their territory in order to seek work, whether employed or self-employed’:

7.

Considers that the Union is in need of attracting more self-employed persons and entrepreneurs and needs to enhance innovation, for example through youth mobility and nomad schemes; in order for the Union to remain relevant and competitive in the global market, increasing the agility, robustness, stability, and growth of its economy, while creating new economic activity and employment opportunities, calls on the Commission to include in its proposal a Union-wide admission scheme for the entry and residence of self-employed persons and entrepreneurs based on objective and uniform criteria, in particular for those working to establish small and medium-sized enterprises and start-ups, and of highly mobile self-employed third-country nationals, such as artists and cultural professionals; insists that the schemes proposed must include measures that enhance fundamental rights and promote equal treatment for third-country workers; considers that the Commission should introduce a five-year multiple-entry visa allowing that category of third-country nationals to enter the Union for up to 90 days per year;

8.

Requests that the Commission include in its proposal a framework for talent partnerships with third countries that Member States could opt into on a voluntary basis, tailored to the situation and the benefit of both the sending and receiving countries in question, which should include vocational training programmes based on skills, in particular aptitude tests, workplace observation and simulations; calls on the Commission to ensure that that framework allows for Parliament to be able to fully exercise its scrutiny and evaluation role and that the proposal includes adequate mechanisms to prevent labour exploitation and ensure equal treatment; highlights that inspiration for the talent partnerships can be found in existing skills-based agreements in Member States and that the talent partnerships should be developed in consultation with relevant organisations both in the Member States and in third countries;

9.

Maintains that it is essential to follow a different and balanced approach to the relationship between the Union and third countries in the field of migration; calls on the Union to strive for formal agreements with partner countries on migration mobility;

10.

Welcomes the Commission’s planned review of Directive 2011/98/EU; notes that one of the objectives of that Directive is to simplify and harmonise the rules on permits currently applicable in the Member States and to promote equal treatment and that those objectives have not been fully achieved with some of the provisions of that Directive having been implemented in different ways across the Union; considers further that that the Commission should take the necessary steps to ensure first and foremost that that Directive be properly implemented by Member States, secondly that it be amended to allow applications for a single permit to be lodged both from within a Member State and from a third country, and thirdly, in order to further simplify and harmonise the rules, that the procedure for obtaining an entry visa be clearly regulated so as to avoid the situation where applicants would have to submit the documents needed to obtain a single permit twice and to reduce the dependency of workers and the risk of exploitation; points out that the lodging of an application from within a Member State should only be available if the third-country national holds a residence permit at the time the application is lodged; calls on the Commission to include such amendments to that Directive in its proposal;

11.

Requests that the Commission include in its proposal the establishment of a transnational advisory service network, to be managed by the Commission, for legally migrating third-country workers, with each Member State designating a lead authority to process applications and to coordinate the advice and information provided to third-country nationals applying for work in the Union or already holding a work permit; insists that the lead authorities should be responsible for sharing information among Member States on third-country workers, should act as contact points for workers and employers with regard to the talent pool and should provide relevant information to third-country nationals interested in migrating legally to the Union for work; points out that such information could be transmitted either virtually or via relevant bodies present in third countries, such as Member State embassies or Union delegations; asks that the lead authorities be responsible also for close coordination with one another with regard to applications lodged for a single permit to reside and work in accordance with Directive 2011/98/EU in order to avoid double submissions and to encourage employers to consider the possibility of applying for that permit and to support them in that effort; points out that there is a need to facilitate the gathering of data, statistics and evidence and that there is a need for information-sharing between Member States to improve the efficiency and effectiveness of the legal migration acquis;

12.

Calls on the Commission to include in its proposal an amendment to Directive 2014/36/EU to allow holders of work permits under that Directive a period of three months to seek new employment after having left their previous employer without having their work permit revoked, allowing them to reside legally within the Member State in question until the end of the period they are allowed to stay, but no longer than nine months, as set out in that Directive, provided that they are applying for work at another employer throughout that period; furthermore, in order to avoid labour exploitation, calls on the Commission to encourage Member States to fully apply that provision, thereby delinking residence permits from the employer and the job; calls on the Commission to include in its proposal an amendment to that Directive to allow Member States to renew work permits for the purposes of seasonal work up to a total period of five years;

13.

Requests the Commission to include in its proposal an amendment to Directive 2009/52/EC to adapt its scope to include exploited legally residing third-country nationals working in the Union who are victims of conditions that affect their health and safety and violate their human dignity and to improve the enforcement of equal treatment provisions, such as accessible and effective complaints mechanisms and access to justice for all workers in case of exploitation and other criminal offences;

14.

Is of the view that Directive 2003/109/EC, which is currently under used and does not provide an effective right to intra-Union mobility, should be amended to allow third-country nationals who are long-term residents of a Member State to reside permanently within another Member State from the day their permit is issued on terms similar to the terms applicable to Union citizens and to reduce the number of years of residence required to acquire EU long-term resident status from five to three years, and requests the Commission to include those amendments in its upcoming revision of that Directive; acknowledges that continuous residence in one Member State is one of the aspects that promotes the proper integration of a person in a community before that person decides to reside in another Member State; calls on the Commission to include those amendments in its proposal;

15.

Is of the view that sufficient funding for the proposals set out in this report is required and considers that the financial implications of the requested proposal should be covered by the relevant Union budgetary allocation;

16.

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

(1)  OJ L 382, 28.10.2021, p. 1.

(2)  OJ L 132, 21.5.2016, p. 21.

(3)  OJ L 94, 28.3.2014, p. 375.

(4)  OJ L 157, 27.5.2014, p. 1.

(5)  OJ L 343, 23.12.2011, p. 1.

(6)  OJ L 168, 30.6.2009, p. 24.

(7)  OJ L 16, 23.1.2004, p. 44.

(8)  OJ L 251, 3.10.2003, p. 12.

(9)  OJ L 337, 20.12.2011, p. 9.

(10)  OJ L 107, 22.4.2016, p. 1.

(11)  OJ L 186, 11.7.2019, p. 21.

(12)  OJ C 58, 15.2.2018, p. 9.

(13)  OJ C 362, 8.9.2021, p. 82.

(14)  Texts adopted, P9_TA(2021)0260.

(15)  https://ec.europa.eu/eurostat/web/products-eurostat-news/-/ddn-20210325-2#:~:text=On%201%20January%202020%2C%2023,5.1%25%20of%20the%20EU%20population

(16)  https://ec.europa.eu/info/sites/default/files/demography_report_2020_n.pdf

(17)  https://ec.europa.eu/commission/presscorner/detail/en/ip_21_2921

(18)  Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (OJ L 243, 15.9.2009, p. 1).

(19)  https://www.eesc.europa.eu/en/news-media/press-releases/skills-mismatches-eu-businesses-are-losing-millions-and-will-be-losing-even-more

(20)  https://ec.europa.eu/migrant-integration/librarydoc/report-on-the-implementation-of-directive-2003/109/ec-on-the-status-of-long-term-foreign-residents

(21)  https://www.etiasvisa.com/etias-news/digital-nomad-visas-eu-countries#:~:text=The%20digital%20nomad%20visa%20allows,are%20reviewed%20within%2030%20days.

(22)  Ibidem.

(23)  https://picum.org/wp-content/uploads/2021/03/Designing-labour-migration-policies-to-promote-decent-work-EN.pdf

(24)  Ageing Europe — looking at the lives of older people in the EU — 2020 edition

(25)  https://www.eesc.europa.eu/en/news-media/press-releases/skills-mismatches-eu-businesses-are-losing-millions-and-will-be-losing-even-more

(26)  Navarra, C. and Fernandes M.: Legal migration policy and law — European added value assessment, European Parliamentary Research Service, 2021, with annexes I and II.

(27)  Ibidem.

(28)  https://knowledge4policy.ec.europa.eu/publication/immigrant-key-workers-their-contribution-europes-covid-19-response_en


ANNEX TO THE RESOLUTION:

RECOMMENDATIONS AS TO THE CONTENT OF THE PROPOSAL REQUESTED

Recommendation 1 (on the establishment of an EU talent pool for legally migrating third-country nationals)

The European Parliament considers that the legislative act to be adopted should establish an EU talent pool and matching platform for third-country nationals who wish to apply for work in and migrate legally to a Member State, as well as for Union-based employers to search in third countries for potential employees, and should facilitate the admission and free movement of third-country workers. Job matching through the EU talent pool should happen on a voluntary basis. The European Parliament considers that such an EU talent pool should establish synergies with the existing framework, and that the legislative act should therefore amend Regulation (EU) 2016/589 in order to expand the current scope of the EURES Portal, established by that Regulation;

The EU talent pool, as established by the legislative act, should allow third-country nationals to express their interest in and apply for work, while also enabling employers to search for potential employees. Third-country nationals should be able to apply for work where there is a shortage in the Member States’ labour markets, after having gone through a transparent and non-discriminatory application and pre-screening process, facilitated by the Union. The EU talent pool would serve as an optional tool that Member States could use to meet the demands of and shortages in the Member States’ labour markets that cannot be met by the domestic workforce. The EU talent pool should be complemented by increased coordination between participating national authorities, with the involvement of public employment services and local authorities, and it should take into account national specificities and the different demands of national labour markets. The promotion of the EU talent pool and its usage could be enhanced by targeted information dissemination, promoting the EU talent pool and matching platform in third countries and participating Member States. In that spirit, the Union-wide transnational advisory service network, referred to in Recommendation 6, should facilitate the running of the EU talent pool and serve as a contact point for the EU talent pool in the Member States. Utilising that network, based on the harmonisation of applications, would help to reduce bureaucracy at Member State level. Within the EU talent pool, an EU talent remote network should be set up in order to allow third-country nationals to work remotely in a Member State other than the one in which they are residing, and such remote workers should enjoy equal treatment.

Recommendation 2 (on an admittance scheme for low and medium-skilled third-country workers)

Given the demographic challenges and the global competition for talent, it is a pressing need for many Member States to improve their attractiveness and to create admission schemes for all skilled third-country workers, not only for highly-skilled workers. With the replacement of Council Directive 2009/50/EC by Directive (EU) 2021/1883 (the revised Blue Card Directive) the Union has taken significant steps to achieve that goal for highly-skilled third-country workers. However, it is imperative that it also achieve that goal for third-country workers considered to be low or medium-skilled in order to fill vacancies and improve matching of the different needs of the Member States’ labour markets, as determined by the Member States themselves, and to be consistent in practicing Union values. This will further enhance the Union’s economic competitiveness.

To properly address that issue, the European Parliament calls on the Commission to include, within the legislative act to be adopted, provisions setting up an admission scheme with conditions of entry and residence for low and medium-skilled third-country workers. That scheme should ensure equal treatment in line with the existing Union acquis on labour migration and include the creation of a framework within which third-country workers are able to have their skills and qualifications properly recognised and validated for use on the Member States’ labour markets. In order to prevent any abuse of third-country workers and to ensure that they are treated equally when working or applying for work in the Union, the European Parliament, while insisting on the proper implementation of Directive 2009/52/EC and its monitoring mechanisms, calls for the Directive to be amended to include legally residing third-country workers within its scope, as set out in Recommendation 8. Furthermore, the European Parliament calls on the proper implementation by the Member States of the relevant existing legal framework on the issue of legal labour migration.

Recommendation 3 (on an admittance scheme for entrepreneurs and self-employed persons)

Traditionally, work permits are issued in the place where the third-country national already has an offer of employment. However, the European Parliament is of the view that the basis for issuing work permits could be improved and developed further. Along the same lines, the Commission has stated that its objective is to encourage more people to become entrepreneurs, thereby improving the Union’s innovation, creativity and economic performance (1). Self-employed third-country nationals or third-country nationals working as entrepreneurs might feel that the environment in their country of origin is not conducive for their start-up or for their efforts as entrepreneurs. Through a Union-wide admittance scheme, such third-country nationals could be given an opportunity to migrate legally to the Union and establish themselves and their businesses. Union-level action should strive towards a favourable environment for entrepreneurship, including for third-country nationals and for high common standards with respect to the fundamental rights of entrepreneurs and self-employed persons.

To that end, the European Parliament considers that the legislative act to be adopted should include an admission scheme with conditions of entry and residence for self-employed persons and entrepreneurs, in particular for third-country nationals who establish small and medium-sized enterprises and start-ups, and that that admission scheme should ensure robust safeguards, equal treatment and the protection of fundamental rights. The definitions of ‘self-employed person’ and ‘entrepreneur’ vary across the Union, and they should continue to be defined by each Member State in accordance with their national legal traditions and case law.

Recommendation 4 (on the preparation of a framework for talent partnerships between Member States and third countries)

The European Parliament calls on the Commission to prepare a tailor-made framework for talent partnerships in which Member States can voluntarily participate and to include that in the legislative act to be adopted. The talent partnerships should be open to third-country workers of all skill levels, as well as to students and graduates, and would serve as an efficient tool for Member States to match the skills of workers in third countries with the demands of the Member States’ labour markets which cannot be met by the domestic workforce. The aim of the talent partnerships is to add another legal channel as a mobility option for third-country nationals who wish to migrate to the Union for work and to tackle the issues of labour market shortages and mismatches across the Union, creating a ‘quadruple win’ for the Union, third countries, employers and migrant workers. The practical implementation of the talent partnerships would rely on close cooperation with national authorities, labour market institutions, civil society actors and social partners. The Commission should ensure that the European Parliament is able to, on a regular basis, scrutinise and evaluate the functioning of the talent partnerships, as well as to propose recommendations to improve the overall functioning of the framework for talent partnerships.

A reinforced and more comprehensive approach would offer cooperation with partner countries and help boost mutually beneficial international mobility. It is important that Member States and third countries have equal opportunities to develop the talent partnerships and are able to create a transparent and accessible process for applicants. The talent partnerships should be inclusive and build strong cooperation between the institutions concerned, for example national ministries of labour and education, employers, social partners, and education and training providers. It is important that the Member States strongly engage with the talent partnerships, that the private sector, in particular Union businesses, social partners and relevant civil society actors, be involved and that partner countries have a meaningful sense of ownership.

Recommendation 5 (on the simplification and improvement of Directive 2011/98/EU)

The European Parliament is of the view that the procedures with respect to Directive 2011/98/EU should be further harmonised for that Directive, in particular its equal treatment provisions, to be fully efficient and properly implemented. Therefore, the European Parliament considers that the legislative act to be adopted should amend that Directive in order to allow for applications for a single permit to be lodged both from within a Member State and from a third country, while engaging both the Member States and third countries in the exchange of information and coordination of the applications lodged, in full compliance with Union data protection standards. However, in order to be able to lodge an application for a single permit from within the territory of a Member State, the third-country national must have a valid residence permit at the time the application is lodged. The European Parliament moreover calls for the clear regulation and streamlining of the procedure for applying for an entry visa in order to avoid the situation whereby applicants would have to submit the documents needed to obtain a single permit twice. The European Parliament furthermore asks the Commission to analyse and reduce the administrative requirements and inefficiencies in permit procedures which prevents migration by legal pathways from responding to real labour market needs. Lastly, the European Parliament considers that the legislative act to be adopted should contain changes that would alleviate the difficulties third-country nationals holding work permits face when changing employment, as they currently are too dependent on the employer and therefore prone to labour exploitation.

Recommendation 6 (on the establishment of a Union-wide transnational advisory service network for legally migrating workers)

The European Parliament is of the view that systematic cooperation between and engagement with the authorities of Member States and of third countries is required to enhance legal pathways for labour migration. To achieve that goal, the European Parliament considers that the legislative act to be adopted should establish a transnational advisory service network, managed by the Commission, for third-country workers, with each Member State designating a lead authority to coordinate the advice and information provided to legally migrating third-country nationals applying for work in the Union. The transnational advisory service network should build on existing established networks and services and, if necessary, expand the scope of such established networks and services. The authorities of each Member State should also be responsible for closely coordinating with one another with regard to applications lodged for a single permit to reside and work in the Union in accordance with Directive 2011/98/EU in order to avoid double submissions. The transnational advisory service network should also take into account national specificities and the different demands of national labour markets.

In addition, each Member State should be responsible for requesting from employers information on third-country workers, in full respect of Union data protection law, in order to enable third-country workers to be connected with the relevant authorities and support services and in order to facilitate the protection of third-country workers and the strengthening of their equal rights and treatment. Moreover, the legislative act to be adopted should ensure that employers provide accurate and timely information about the rights, the relevant authorities and the services available to third-country workers. The transnational advisory service network should facilitate the running of the talent pool, as outlined in Recommendation 1, and relevant civil society organisations, including diaspora communities, should be consulted in the development of the transnational advisory service network.

Recommendation 7 (on amending Directive 2014/36/EU to enable seasonal workers to change employer

Promoting professional mobility for legally residing third-country nationals working in a Member State also means protecting them from exploitation. Numerous third-country workers, in particular low-skilled third-country workers, hesitate to leave an exploitative employer because it would mean that they would lose their work permit and right to stay in the Union. This is currently evident in the desperate situation of many workers in different sectors across the Union, such as in the catering, hotel and entertainment sectors, as well as care workers (2). Holders of a work permit issued under Directive 2014/36/EU are, in particular, prone to exploitation because they often tend to work within sectors mainly employing low-skilled workers.

Therefore, the European Parliament considers that the legislative act to be adopted should amend Directive 2014/36/EU to allow holders of work permits under that Directive a period of three months to seek new employment after having left their previous employer without having their permit revoked. The holders should be allowed to reside within the Union until the end of the period they are allowed to stay, but no longer than nine months, as set out in that Directive. The European Parliament recommends that the Commission, at the same time, consider other appropriate amendments to that Directive in order to bring it up to date and in line with other more recent Union legal acts dealing with legal migration, including allowing the application to be submitted from within the territory of the Member State, and to further address persistent labour exploitation of seasonal workers.

Recommendation 8 (on amending the Directive 2009/52/EC to include legally residing third-country nationals and to address labour exploitation)

Directive 2009/52/EC contains several tools that can be used to support irregularly staying third-country nationals working within the Union. The fact that it only covers irregularly staying third-country workers is, however, a substantial flaw. While regularly staying third-country workers enjoy a higher level of protection, mainly by virtue of their legal right to stay within the Union but also through other means, they too can be exploited and remain more vulnerable than Union citizens. Consequently, the European Parliament sees a need to amend Directive 2009/52/EC to enforce a horizontal provision strengthening the effective access to labour rights and to effective remedies through complaints mechanisms and legal procedures and to make that Directive applicable to all third-country nationals working in the Union.

Recommendation 9 (on the need for a revision of Directive 2003/109/EC)

Holders of EU long-term residence permits face a number of barriers to the exercise of their right to move to and reside in other Member States for work, study or other reasons. This is because the conditions for mobility which EU long-term residents must fulfil in many cases are similar to the conditions other third-country nationals must fulfil for a first-time application for a long-term permit. In 2017, in the 25 Member States bound by Directive 2003/109/EC, there were approximately 3,1 million third-country nationals holding an EU long-term residence permit as compared to approximately 7,1 million third-country nationals holding a national long-term residence permit. It can therefore be concluded that third-country nationals underuse the EU long-term residence permit, meaning that many of them do not enjoy the benefits flowing from having Union status, despite the fact that they would be eligible. The implementation report on that Directive points to the fact that most Member States have not actively promoted the use of the EU long-term residence permits and, as a result, there is no ‘level-playing field’ between the Union legislative scheme and the national equivalent (3).

The European Parliament therefore considers that the legislative act to be adopted should amend Directive 2003/109/EC to allow third-country nationals who are long-term residents of a Member State to reside permanently within another Member State from the day their permit is issued on terms similar to the terms applicable to Union citizens. The European Parliament recommends that the Commission, at the same time, consider other appropriate amendments to that Directive to bring it up to date and in line with other more recent Union legal acts dealing with third-country nationals legally staying in the Union. The European Parliament requests the Commission to, as a minimum, include in its proposal a reduction of the number of years required for acquiring an EU long-term residence permit from five to three years, particularly to enhance mobility, and a simplification and harmonisation of procedures. By making such amendments, Directive 2003/109/EC would facilitate intra-Union mobility as well as international mobility to and from the Union and third countries. Lastly, the European Parliament encourages the Commission to conduct a study on the issue of third-country nationals’ turnover rates within the Union in order to better understand the reasons for departure from a Member State within the first three years of arrival.


(1)  https://ec.europa.eu/growth/smes/sme-strategy/start-up-procedures_en

(2)  https://ec.europa.eu/home-affairs/minimum-standards-sanctions-and-measures-against-employers-illegally-staying-third-country_en

(3)  https://ec.europa.eu/migrant-integration/librarydoc/report-on-the-implementation-of-directive-2003/109/ec-on-the-status-of-long-term-foreign-residents


8.6.2022   

EN

Official Journal of the European Union

C 224/81


P9_TA(2021)0473

Introduction of a European Social Security pass for improving the digital enforcement of social security rights and fair mobility

European Parliament resolution of 25 November 2021 on the introduction of a European social security pass for improving the digital enforcement of social security rights and fair mobility (2021/2620(RSP))

(2022/C 224/07)

The European Parliament,

having regard to Article 3 of the Treaty on European Union,

having regard to Article 153 of the Treaty on the Functioning of the European Union (TFEU),

having regard to its resolution of 14 January 2014 on effective labour inspections as a strategy to improve working conditions in Europe (1),

having regard to its resolution of 19 January 2017 on a European Pillar of Social Rights (2),

having regard to its resolution of 17 December 2020 on a strong social Europe for Just Transitions (3),

having regard to its resolution of 22 October 2020 on the employment and social policies of the euro area 2020 (4),

having regard to its resolution of 20 January 2021 on strengthening the single market: the future of free movement of services (5),

having regard to its resolution of 20 May 2021 on impacts of EU rules on the free movements of workers and services: intra-EU labour mobility as a tool to match labour market needs and skills (6),

having regard to its resolution of 19 June 2020 on European protection of cross-border and seasonal workers in the context of the COVID-19 crisis (7),

having regard to question E-001132/2021 of 25 February 2021 and the written answer thereto, provided by the Commissioner for Jobs and Social Rights on behalf of the Commission on 28 April 2021 (8),

having regard to Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work (9),

having regard to Regulation (EU) 2019/1149 of the European Parliament and of the Council of 20 June 2019 establishing a European Labour Authority (10),

having regard to Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (11),

having regard to Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (12),

having regard to Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (13),

having regard to Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (14),

having regard to Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (15),

having regard to Directive (EU) 2020/1057 of the European Parliament and of the Council of 15 July 2020 laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posting drivers in the road transport sector and amending Directive 2006/22/EC as regards enforcement requirements and Regulation (EU) No 1024/2012 (16),

having regard to Regulation (EU) 2020/1054 of the European Parliament and of the Council of 15 July 2020 amending Regulation (EC) No 561/2006 as regards minimum requirements on maximum daily and weekly driving times, minimum breaks and daily and weekly rest periods and Regulation (EU) No 165/2014 as regards positioning by means of tachographs (17),

having regard to Regulation (EU) 2020/1055 of the European Parliament and of the Council of 15 July 2020 amending Regulations (EC) No 1071/2009, (EC) No 1072/2009 and (EU) No 1024/2012 with a view to adapting them to developments in the road transport sector (18),

having regard to Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union (19),

having regard to CJEU judgment in case C-55/18, according to which Member States must require employers to set up a system enabling the duration of daily working time to be measured (20),

having regard to the European Pillar of Social Rights (EPSR), proclaimed by the European Council, Parliament and the Commission in November 2017,

having regard to the Commission proposal of 3 June 2021 for a regulation of the European Parliament and of the Council amending Regulation (EU) No 910/2014 as regards establishing a framework for a European Digital Identity (COM(2021)0281), ‘a trusted and secure European e-ID’,

having regard to the Commission communication of 30 March 2020 on guidelines concerning the exercise of the free movement of workers during COVID-19 outbreak,

having regard to the Commission communication of 16 July 2020 on guidelines on seasonal workers in the EU in the context of the COVID-19 outbreak,

having regard to the Commission communication of 4 March 2021 on the European Pillar of Social Rights Action Plan (COM(2021)0102),

having regard to the question to the Commission on the introduction of a European Social Security Pass for improving the digital enforcement of social security rights and fair mobility (O-000071/2021 — B9-0041/2021),

having regard to Rules 136(5) and 132(2) of its Rules of Procedure,

having regard to the motion for a resolution of the Committee on Employment and Social Affairs,

A.

whereas intra-EU labour mobility has followed an upward trend in recent years; whereas in 2019, 17,9 million people from the EU-28 moved to another EU country; whereas 13 million of these movers were of working age and 78 % of them were employed; whereas there were 1,5 million cross-border workers in the EU in 2019 (21); whereas the active movers accounted for 4,3 % of the total labour force in the EU’s 28 Member States in 2019; whereas the Commission’s 2017 data estimates undeclared work at approximately 11,6 % of total labour input in the EU private sector and 16,4 % of gross value added (22); whereas 4,6 million A1 portable documents were issued in the EU in 2019 which accounts for an estimated 3,06 million workers; whereas posted workers are required to possess an A1 form when working in another Member State; whereas the A1 form provides information regarding the social security system which is covering a worker; whereas A1 forms do not provide up-to-date information in real time regarding social security coverage;

B.

whereas Eurofound data shows that the spells of intra-EU mobility are getting shorter, with 50 % of movers staying in the host country for one to four years; whereas return mobility has also increased (23): for every four people who left a Member State in 2017, three returned (24); whereas shorter and repeated spells of mobility make it even more necessary for mobile workers to keep track of their social security contributions and pension rights;

C.

whereas Article 48 TFEU confers on Parliament and the Council, acting in accordance with the ordinary legislative procedure, the competence to adopt such measures in the field of social security as are necessary to provide freedom of movement for workers; whereas to this end, they must make arrangements to secure social security rights for employed and self-employed migrant workers and their dependants; whereas Article 153(1) TFEU confers on the Union the competence to support and complement the activities of the Member States in the field of social security; whereas Article 153(2) TFEU establishes that, in the field of social security, the Council is to act unanimously, in accordance with a special legislative procedure, after consulting Parliament, the European Economic and Social Committee and the Committee of the Regions;

D.

whereas mobile workers and citizens contribute to the wealth of the socio-economic fabric in border regions, which account for 40 % of the EU’s territory; whereas it is therefore necessary to ensure a level playing field and fair mobility conditions for citizens by providing them with the appropriate tools in order to guarantee them legal certainty, protection of their rights and social security coverage; whereas it is important to avoid placing an excessive administrative burden on companies, in particular small and medium-sized enterprises (SMEs);

E.

whereas Principle 12 of the European Pillar of Social Rights states that, regardless of the type and duration of their employment relationship, workers and, under comparable conditions, the self-employed have the right to adequate social protection;

F.

whereas the challenges concerning unfair competition based on labour exploitation, fraudulent forms of contracting and unfair practices such as social dumping remain an issue across Member States and are highly problematic for European companies, workers and societies; whereas various forms of contracting work appear to be most affected by fraud; whereas there is a lack of reliable data to establish the size of the problem especially in the context of the posting of workers (25); whereas one of the causes is the lack of effective monitoring and enforcement of applicable Union law, in particular as regards the principles of equal treatment and equal pay for equal work at the same place, which cannot be guaranteed if the principle of traceability and portability of rights is not respected and which needs to be improved;

G.

whereas the COVID-19 pandemic has highlighted and exacerbated the precarious working and living conditions of many mobile and cross-border workers in the EU; whereas the crisis has shed light on the importance of robust and stable social security systems, ensuring that no one is left behind as a result of having exercised their freedom of movement; whereas at the outbreak of the pandemic, measures taken by Member States resulted in legal uncertainty for mobile workers as regards applicable rules on social security and many struggled to request unemployment benefits remotely; whereas the pandemic has shed light on the particular vulnerabilities of undeclared and seasonal workers without social security coverage, and abuse and fraudulent use of COVID-19 induced short-term financial support rescue packages has led to increased levels of undeclared and under-declared work, including new forms of undeclared work support (26);

H.

whereas digitalisation provides an unprecedented opportunity to facilitate labour mobility while making compliance with applicable EU provisions faster and easier to control; whereas there is no EU-wide systematic data gathering exercise aiming to provide adequate data on mobile workers or to facilitate the portability of social security rights across borders through the real-time verification of workers’ social security coverage and benefits by competent actors and institutions; whereas access to information on applicable rules as well as effective compliance, monitoring and enforcement are necessary preconditions for fair mobility and the fight against abuses; whereas digital technology, which can facilitate the supervision and enforcement of legislation, safeguarding the rights of mobile workers and reducing administrative costs for companies and national institutions, should therefore be promoted and used in compliance with data protection rules;

I.

whereas different forms of national cards or comparable instruments in the field of labour law have been developed by national social partners in various sectors in the Member States, either in cooperation with local authorities or by national authorities; whereas these various initiatives have an essential characteristic in common: an identification number or a personal card that supply workers, authorities and main providers with an effective instrument to ensure social security coverage and decent wages and working conditions at the workplace; whereas these initiatives create awareness of employment and working conditions for all workers and improve enforcement;

J.

whereas in its resolution of 14 January 2014 on effective labour inspections, Parliament called on the Commission to investigate the benefits of introducing a forgery-proof European social security card or other EU-wide electronic document at European level, on which could be stored all the data needed to verify the bearer’s employment relationship, such as details on social security status and working hours, and which would be subject to strict data protection rules; whereas in its resolution of 19 January 2017 on a European Pillar of Social Rights, Parliament pointed to the potential of accessible e-government solutions, possibly including a European social security card, with strong data protection guarantees, which could improve EU social security coordination and individual awareness; whereas, in its resolution of 22 October 2020 on the employment and social policies of the euro area 2020, Parliament called on the Commission to put forward a proposal for a digital EU social security number following a proper, fact-based impact assessment; whereas in its resolution of 17 December 2020 on a strong social Europe for Just Transitions, Parliament called once again on the Commission to put forward a proposal for a digital European social security number (ESSN) and for a potential control mechanism such as a personal labour card, and asserted that workers and their representatives and inspectorates must have up-to-date access to information about their employers and their wage entitlements and labour and social rights; whereas in its resolution of 20 May 2021 on intra-EU labour mobility, Parliament stressed that the digitalisation of data exchanges between Member States could facilitate the free movement of workers on a fair and equitable basis as well as ensuring the enforcement of relevant Union rules;

K.

whereas the Commission’s work programme for 2018, dated 24 October 2017, announced the intention to introduce an ESSN with the aim of contributing to the overall objective of safeguarding fair working conditions for mobile workers, upholding social standards for all mobile citizens and ensuring their proper enforcement; whereas the Commission consulted stakeholders and citizens on the introduction of an ESSN between 27 November 2017 and 7 January 2018; whereas in its 2017 inception impact assessment for an ESSN, the Commission envisaged, in a longer-term perspective, the possibility of extending the use of the ESSN to other policy areas beyond social security coordination; whereas the Commission confirmed in its 2019 Annual Burden Survey, published on 13 August 2020, that it was working on an initiative on an ESSN; whereas Commission President Ursula von der Leyen announced in the State of the European Union speech on 16 September 2020 that the Commission would soon propose a trusted and secure European e-identity system; whereas the Commission announced in the European Pillar of Social Rights action plan that it would start a pilot in 2021 to explore launching a European social security pass (ESSP) by 2023, building on the initiative for a European e-ID;

L.

whereas the European Trade Union Confederation considers the ESSN a valuable instrument to fight fraud and social security abuses; whereas on 12 January 2018, Business Europe published a note stressing the potential of the ESSN to improve the coordination of social security in the EU, while also addressing concerns related to the diversity of national social security systems, possible data protection issues and additional administrative burdens; whereas the social partners in the construction sector have called for effective digital tools to ensure the enforcement of the applicable legislation, including a European approach to personal labour cards (27);

M.

whereas the European Labour Authority (ELA) was established in June 2019; whereas an ESSN is not included in the ELA Regulation; whereas the objective of the ELA is to ensure fair labour mobility by assisting Member States and the Commission in their effective application and enforcement of Union law related to labour mobility and the coordination of social security system;

1.

Recalls that Parliament has called on the Commission on several occasions since 2014 to investigate the benefits of introducing a legislative proposal for an ESSN in order to create an EU-wide digital instrument for social security coordination and safeguarding fair labour mobility for mobile workers; expresses its regret that the Commission has not presented a proposal for an ESSN despite making several commitments to do so; reiterates its call on the Commission to give an explanation as to why it has not done so;

2.

Calls on the Commission to share with Parliament the draft impact assessment of the ESSN that was submitted to the Regulatory Scrutiny Board (RSB) in 2017/2018 and to share with it the opinion of the RSB on this draft impact assessment; calls on the Commission to share with Parliament any other documents that have contributed to its decision not to move forward with the proposal for an ESSN;

3.

Welcomes the commitment of the Commission in the European Pillar of Social Rights action plan to start a pilot to explore launching a digital ESSP; welcomes the launch of pilot projects to explore digital solutions and calls on the Commission to duly inform Parliament about the results and the possible difficulties faced during the implementation phase; underlines that the ESSP pilot project needs to have a strong focus on safeguarding fair mobility; calls on the Commission to step up its ambition as regards both content and timing, launching a proper assessment in parallel with the pilot based on the work done so far with a view to initiating a legislative proposal on the ESSP before the end of 2022, in order to ensure the portability and traceability of workers’ rights as soon as possible;

4.

Takes note of the Commission’s proposal on establishing a framework for a European digital identity; calls on the Commission to update Parliament on the rolling out of the e-ID; considers that the ESSP initiative, which is intended to be anchored in the e-ID framework, should be mandatory for all Member States;

5.

Points to the role played by mobile workers during the COVID-19 pandemic, especially in certain key sectors, and the urgent need to guarantee these workers not only decent working conditions but also equal conditions for work of equal value done in the same place;

6.

Considers that the introduction of an ESSP initiative should aim to: ensure effective identification, traceability, aggregation and portability of social security rights; improve enforcement of EU rules on labour mobility and social security coordination in the labour market in a fair and effective way to ensure a level playing field in the EU; enable real-time verification of the mobile workers’ insurance status and contributions by the relevant national authorities such as labour and social security inspectorates and social partners, where they are carrying out or involved in labour and social security inspections; better prevent unfair practices such as abuse and social fraud, and therefore contribute to combating undeclared work and non-compliance with wage setting mechanisms in place in the host country and obligations related to social security contributions; underlines that a ESSP would also make it easier for workers to track and claim their social security contributions and benefits such as pension rights, facilitating their portability; stresses that the ESSP, building on the European e-ID, should entail both an element of identification of the mobile citizen and worker, and an element of real-time verification of their social security benefits;

7.

Underlines that an ESSP initiative should aim to safeguard social rights by facilitating information and improving enforcement of applicable rules on social security coordination and labour mobility in cross-border situations; considers that the Commission’s proposal for an ESSP initiative needs to bring about clear benefits for all stakeholders involved in the process of mobility such as mobile citizens and workers, businesses, including SMEs, employers, and trade unions, as well as national authorities such as labour and social security inspectorates; is of the opinion that an ESSP initiative should aim to simplify interactions and bring these stakeholders in cross-border situations closer together, with the objective of better protecting mobile citizens and workers and their rights, and providing all these stakeholders with clear information in order to improve predictability and make the administrative procedures run in a smooth and time-efficient way; recalls that an ESSP initiative must be in line with the principle of subsidiarity and therefore without prejudice to national social security systems and their diversity, respecting the traditions of each Member State, national labour market models and the autonomy of social partners; underlines that an ESSP initiative must not constitute a requirement to be able to exercise one’s freedom of movement, but must aim to facilitate access to information and improve enforcement of applicable rules on social security coordination and labour mobility in cross-border situations;

8.

Calls on the Commission, in close cooperation with the ELA and after a proper assessment, to put forward a legislative proposal for an ESSP with a view to providing national authorities such as labour and social security inspectorates and social partners, where they are carrying out or are involved in labour and social security inspections, with a real-time instrument to effectively enforce national and EU law; believes that the ESSP should enable real-time verification of workers’ place of work, place of employment, employment relationship and identity, as well as standardised social security benefits, provisions and certificates as set out in Regulation (EC) No 883/2004; calls on the Commission to assess the possibility of the ESSP enabling checks of other relevant information without prejudice to data protection rules and while ensuring equal treatment;

9.

Believes that the ESSP must cover all mobile EU citizens and workers including the self-employed, as well as all mobile third country nationals who are covered by EU rules on intra-EU mobility;

10.

Considers that the introduction of an ESSP should include a system of real-time verification and monitoring control and exchange of information via cross-referencing between national databases in strict compliance with the EU rules on the protection of personal data, in order to be fully functional and to maintain a high level of data reliability and of certification of identifiers, and avoid errors and fraudulent use; stresses that social security and personal data should only be made available to the person and the competent national authorities concerned, and should not be shared for any other purposes than the enforcement of EU rules on social security coordination and intra-EU labour mobility in strict compliance with data protection rules; considers that in Member States where social partners are carrying out or are involved in labour inspections, access to social security data of workers from other Member States must be ensured for social partners without jeopardising compliance with data protection provisions;

11.

Welcomes initiatives in several Member States to improve effective enforcement of Union law through the use of national cards or comparable instruments in the field of labour law (28); stresses that while these national initiatives create awareness of wage and working conditions for all workers and improve enforcement, they cannot facilitate an exchange of valid and accurate information including employment relationships and rights across borders; calls on the Commission to ensure that the ESSP initiative affords Member States the possibility to draw on the information made available by the improved identification and verification possibilities provided by national cards or comparable instruments in the field of labour law in countries where these initiatives exist; stresses that the integration of the ESSP in the national cards or comparable instruments in the field of labour law should not replace but be complementary to these national practices, and only provide the relevant information to the appropriate authorities; adds that it must be without prejudice to the autonomy of national social partners and working conditions set out by applicable collective agreements in accordance with national law and practice; believes that the ESSP and its integration with national cards or comparable instruments in the field of labour law where they exist may prove to be a basis for future enforcement efforts at EU level;

12.

Believes that all workers, social partners and national labour and social security inspectorates should have up-to-date access to information about employment relations, wage entitlements and labour and social rights, in accordance with the applicable collective agreement or national legislation;

13.

Notes that the portable document (PD) A1 is important but that it is currently the only instrument for the verification of social security coverage of mobile workers; acknowledges the limitations and challenges related to the PD A1 procedure, in particular with regard to the use of PD A1 forms by employers, depending on the level of digitalisation of social security systems in Member States, as well as their verification by the competent national authorities in the context of the provision of services in another Member State, but also to obtaining accurate information on the number and characteristics of posted workers in the EU; calls on the Commission and the Member States to further improve the verification process of PD A1 forms and believes that speedy procedures between Member States must be developed to address fraudulently obtained or used PD A1 certificates; notes that the limitations and challenges related to the PD A1 are an obstacle to obtaining accurate information on the number and characteristics of posted workers in the EU; points out that the ESSP initiative would provide real-time information on the social security coverage of mobile workers on the day of a labour inspection in the host Member State; calls on the Commission to ensure that the ESSP pilot project facilitates social security coverage by simplifying the procedures on request, issuance and verification of the PD A1 in order to combat fraud;

14.

Considers that the ESSP should build on and complement the European e-ID, the European Health Insurance Card (EHIC) and the Electronic Exchange of Social Security Information (EESSI), including with a view to being extended to other areas of social security coordination and EU labour law; calls on the Commission and the Member States to ensure that the EESSI becomes fully functional as soon as possible and to make use of the opportunities provided by existing EU funds to facilitate the implementation of the national plans under the Recovery and Resilience Facility to fully implement the EESSI and further digitalise public administration, facilitate exchanges between social security institutions, speed up the handling of individual cases and improve the enforcement capacity of the ELA and relevant national competent authorities; calls on the Commission to clarify the role that the ELA will have in the design and implementation of the ESSP; underlines that increased digitalisation must not undermine national safeguards that are already in place to counter social fraud;

15.

Calls on the Commission to cooperate closely with social partners and relevant national social security institutions and labour inspectorates when it comes to the development and introduction of an ESSP initiative, ensuring full respect for the autonomy of social partners and national labour market models; considers that an ESSP with real-time data access would allow for national competent authorities and social partners to verify social security coverage for workers at any given point in time and thereby strengthen labour inspections and support the collection of evidence in joint cross-border labour inspections (29);

16.

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

(1)  OJ C 482, 23.12.2016, p. 31.

(2)  OJ C 242, 10.7.2018, p. 24.

(3)  OJ C 445, 29.10.2021, p. 75.

(4)  OJ C 404, 6.10.2021, p. 159.

(5)  OJ C 456, 10.11.2021, p. 14.

(6)  Texts Adopted, P9_TA(2021)0249.

(7)  OJ C 362, 8.9.2021, p. 82.

(8)  https://www.europarl.europa.eu/doceo/document/E-9-2021-001132-ASW_EN.html

(9)  OJ L 327, 5.12.2008, p. 9.

(10)  OJ L 186, 11.7.2019, p. 21.

(11)  OJ L 166, 30.4.2004, p. 1.

(12)  OJ L 284, 30.10.2009, p. 1.

(13)  OJ L 18, 21.1.1997, p. 1.

(14)  OJ L 173, 9.7.2018, p. 16.

(15)  OJ L 159, 28.5.2014, p. 11.

(16)  OJ L 249, 31.7.2020, p. 49.

(17)  OJ L 249, 31.7.2020, p. 1.

(18)  OJ L 249, 31.7.2020, p. 17.

(19)  OJ L 186, 11.7.2019, p. 105.

(20)  Judgment of 14 May 2019, Federación de Servicios de Comisiones Obreras (CCOO) v Deutsche Bank SAE, C-55/18 — CCOO, EU:C:2019:402.

(21)  European Commission, Annual Report on Intra-EU Labour Mobility 2020, 8 January 2021. https://ec.europa.eu/social/main.jsp?catId=738&langId=en&pubId=8369

(22)  European Commission, Evaluation of the scale of undeclared work in the European Union and its structural determinants, November 2017. https://ec.europa.eu/social/ BlobServlet?docId=19002&langId=en

(23)  Eurofound, Tackling labour shortages in EU Member States, Publications Office of the European Union, Luxembourg, 2021.

(24)  European Commission, Annual Report on Intra-EU Labour Mobility 2020, 8 January 2021. https://ec.europa.eu/social/main.jsp?catId=738&langId=en&pubId=8369

(25)  Eurofound, Exploring the fraudulent contracting of work in the European Union, Publications Office of the European Union, Luxembourg, 21 November 2016.

(26)  European Platform tackling undeclared work, COVID 19: combating fraud in short-term financial support schemes, May 2021. https://ec.europa.eu/social/BlobServlet? docId=24072&langId=en

(27)  EFBWW & FIEC statement, EU construction social partners call for digital enforcement, 24 June 2021. https://www.efbww.eu/news/eu-construction-social-partners-call-for-digital-enforcement/2657-a

(28)  EFBWW-FIEC Report, Social identity cards in the European construction industry, 2015.

(29)  Eurofound, Joint cross-border labour inspections and evidence gathered in their course, 2019.


8.6.2022   

EN

Official Journal of the European Union

C 224/89


P9_TA(2021)0474

Multilateral negotiations in view of the 12th WTO Ministerial Conference in Geneva, 30 November to 3 December 2021

European Parliament resolution of 25 November 2021 on multilateral negotiations in view of the 12th WTO Ministerial Conference in Geneva, 30 November to 3 December 2021 (2021/2769(RSP))

(2022/C 224/08)

The European Parliament,

having regard to the Marrakesh Agreement of 15 April 1994 establishing the World Trade Organisation (WTO),

having regard to the Doha Ministerial Declaration of the WTO of 14 November 2001 (1),

having regard to its previous resolutions on the WTO, in particular those of 15 November 2017 on multilateral negotiations in view of the 11th WTO Ministerial Conference (2), of 29 November 2018 entitled ‘WTO: the way forward’ (3) and of 28 November 2019 on the crisis of the WTO Appellate Body (4),

having regard to its resolution of 20 May 2021 on accelerating progress and tackling inequalities towards ending AIDS as a public health threat by 2030 (5),

having regard to its resolution of 10 June 2021 entitled ‘Meeting the Global COVID-19 challenge: effects of the waiver of the WTO TRIPS Agreement on COVID-19 vaccines, treatment, equipment and increasing production and manufacturing capacity in developing countries’ (6),

having regard to the outcome document adopted by consensus on 7 December 2018 at the Annual Session of the Parliamentary Conference on the WTO in Geneva (7),

having regard to the results of the 11th Ministerial Conference held in Buenos Aires in December 2017, which include a series of ministerial decisions, and at which it was not possible to adopt a ministerial declaration,

having regard to the Buenos Aires Declaration on Women and Trade of 12 December 2017, as well as to the joint statements on electronic commerce, investment facilitation and micro, small and medium-sized enterprises (MSMEs) adopted in Buenos Aires on 13 December 2017,

having regard to the UN Sustainable Development Goals (SDGs),

having regard to the Paris Agreement within the United Nations Framework Convention on Climate Change (UNFCCC), in effect since November 2016,

having regard to the joint statement of the trilateral meeting of the trade ministers of the United States, Japan and the European Union adopted on 14 January 2020,

having regard to the Bali Ministerial Decision of 7 December 2013 on public stockholding for food security purposes,

having regard to the Commission’s concept paper of 18 September 2018 on WTO modernisation,

having regard to the Commission’s Trade Policy Review and its annex entitled ‘Reforming the WTO: Towards a sustainable and effective multilateral trading system’,

having regard to the Ottawa Group’s Trade and Health Initiative (8),

having regard to the communication from the EU to the WTO General Council of 4 June 2021 on urgent trade policy responses to the COVID-19 crisis,

having regard to the sixth assessment report of the Intergovernmental Panel on Climate Change (IPCC) (9),

having regard to Rule 132(2) of its Rules of Procedure,

having regard to the motion for a resolution of the Committee on International Trade,

A.

whereas the WTO was created to further the liberalisation of trade in goods and services, strengthen multilateralism and foster an open, inclusive, rules-based and non-discriminatory multilateral trading system; whereas trade is vital and a key instrument for supporting and complementing efforts to advance sustainable growth and improve standards of living, ensuring full employment and a large and steadily growing volume of real income in accordance with the objective of sustainable development;

B.

whereas the rules-based multilateral trading system is currently facing a serious crisis, threatening the basic functions of the organisation, namely setting the essential rules and structure for international trade and delivering effective dispute resolution and enforcement;

C.

whereas as of 11 December 2019, the WTO Appellate Body ceased to be operational, which brought to a standstill the functional, independent and impartial appellate stage;

D.

whereas the WTO has a clear mandate under SDG 14.6 to engage in fisheries subsidies negotiation in order to find an agreement which prohibits certain forms of fisheries subsidies that contribute to fleet overcapacity and overfishing, with a view to fostering the sustainable management of fishing resources;

E.

whereas the COVID-19 pandemic has created unique challenges for the multilateral trading system while placing the crucial issue of trade and health on the agenda;

F.

whereas despite overt or latent export restrictions, in overall terms, trade and the multilateral system have played a positive role in tackling the pandemic; whereas the pandemic also revealed weaknesses and vulnerabilities, in particular in essential supply chains; whereas, in this context, the WTO’s monitoring function has proved useful in insisting that members to provide transparency on trade and trade-related measures taken in the context of COVID-19;

G.

whereas the 12th WTO Ministerial Conference (MC12) will take place in Geneva, Switzerland, from 30 November to 3 December 2021;

1.

Reiterates its full commitment to the enduring value of multilateralism and underlines that a multilateral system to govern trade is essential; calls for a trade agenda based on fair and rules-based trade for the benefit of all, which contributes to sustainable economic growth and prosperity, thereby strengthening peace and security; emphasises the importance of the SDGs, social, environmental and human rights and ensuring that multilaterally agreed and harmonised rules are applied by all;

2.

Warns that the WTO is at risk of losing legitimacy if not all members commit to a successful outcome of MC12; believes that MC12 should be the official starting point for advancing and modernising the WTO to ensure it can play a role in addressing the challenges of the 21st century, including issues such as climate change and sustainability; urges, in the light of the post-COVID recovery, all members to step up efforts to focus on a few core tangible outcomes that show that the WTO can address current challenges; asks members to find, as a minimum, a multilateral agreement on prohibiting unsustainable fisheries subsidies, as well as on pandemic response, a limited package on agriculture, and on launching work towards institutional reform, including a process that would lead to a fully functioning dispute settlement system by MC13 at the latest; warns all members that without substantial outcomes at MC12, some members might look for alternative forums for rule-making, which might jeopardise the future of the multilateral trading system; welcomes the appointment of new WTO Director-General Ngozi Okonjo-Iweala, and commends her great commitment to multilateralism;

3.

Stresses the crucial importance for the WTO’s credibility as a multilateral institution of reaching an agreement on harmful fisheries subsidies that effectively triggers a prompt and significant reduction in certain forms of fisheries subsidies which contribute to overcapacity and overfishing, and eliminates subsidies that contribute to illegal, unreported and unregulated fishing (IUU) in order to ensure the sustainable use of marine resources; emphasises in this regard the principle of common but differentiated responsibilities according to the size of the harmful subsidies, while respecting the need for special and differentiated treatment in line with SDG 14.6; points out that more than 39 million people depend directly on capture fisheries, while many millions more depend on it in downstream industries; considers such an agreement to be essential not only for the credibility of the WTO to reach multilateral agreements, but also as a prerequisite for showing the strong link between the multilateral trading system and the SDGs; stresses the importance of the EU explaining its stance and internal rules in order to increase its credibility;

4.

Recognises the crucial role of trade policy during the COVID-19 pandemic; reiterates its resolution of 10 June 2021 entitled ‘Meeting the Global COVID-19 challenge: effects of waiver of the WTO TRIPS agreement on COVID-19 vaccines, treatment, equipment and increasing production and manufacturing capacity in developing countries’; stresses, in this regard, the need to outline a basic agreement aiming to eliminate tariffs on pharmaceutical and medical goods, to abolish export restrictions, and on disciplines on transparency and global cooperation in times of crisis, in a ministerial declaration in line with the Trade and Health Initiative; believes that such an agreement is of utmost importance to show the relevance of the WTO; calls for the establishment of a new permanent Committee on Trade and Health at MC12 in order to assist governments with implementing existing exceptions and flexibilities in international trade law and to lay the groundwork for a trade pillar for the negotiations on a future international treaty on pandemic response; believes that many, especially developing, countries face difficulties in the use of TRIPS flexibilities, notably Article 31bis; recalls that the EU should actively participate in text based negotiations on a temporary TRIPS waiver; calls, in that regard, for the EU to support the granting of a temporary waiver from certain provisions of the TRIPS agreement for COVID-19, in order to enhance timely global access to affordable COVID-19 vaccines, therapeutics and diagnostics by addressing global production constraints and supply shortages;

5.

Calls on all WTO members to respect their commitments on transparency in all agricultural pillars, as well as to agree on systematic improvements as suggested in the EU’s co-sponsored proposal for a ministerial decision on transparency improvements in agriculture in document JOB/AG/213; stresses the importance of adopting a work plan on trade-distorting domestic support including a permanent solution on public stockholding as mandated by the Bali Ministerial Declaration, with a mandatory system of notifications built on an effective mechanism of technical assistance and capacity-building to ensure stockholding programmes are proportionate to and comply with the objective of food security and to minimise trade distortions and adverse consequences for the food security of other members; stresses that the Agreement on Agriculture must be adapted to meet the challenges of the present day and to ensure fairer competition conditions by taking into account modes of production; supports Director-General Okonjo-Iweala in her call for a WTO food security package;

6.

Considers that it is now a matter of urgency to proceed to a substantive reform of the WTO in the light of the deep crisis facing the organisation, but also owing to the long-standing lack of progress on the Doha Development Agenda (DDA), and underlines that the relevant issues of the DDA should remain on the agenda; calls on WTO members to fundamentally review several aspects of the WTO, specifically its monitoring, negotiating and dispute settlement functions, with a view to increasing its effectiveness, inclusiveness, transparency and legitimacy; urges all WTO members to focus on a constructive process of change to modernise and equip the WTO with tools that effectively address the trade challenges of the 21st century, and to establish an institutional mechanism and clear timeline to carry the reform agenda forward at MC12 with the objective of achieving concrete outcomes by MC13 at the latest;

7.

Welcomes the remarks by US Ambassador Tai on the WTO on 14 October 2021, and in particular the clear commitment to reforming all three functions of the organisation; expects the United States to now come forward with concrete proposals to move forward; urges the United States to commit to starting a constructive negotiation process on dispute settlement reforms at MC12 so that a fully functioning system is in place no later than MC13;

8.

Deeply regrets the stalemate at the WTO Appellate Body, which is depriving the global trading system of an enforceable dispute settlement system; warns that without a functioning Appellate Body, the WTO is toothless and the tendency to breach multilateral agreements will only increase; notes that currently more than 15 cases for appeal have been notified, without the possibility of review; strongly urges all WTO Members to fully engage and work on solutions to restore a fully functioning two-tiered dispute settlement system with a fully functioning and independent Appellate Body as swiftly as possible; strongly supports recent EU initiatives to conclude arrangements with our major trade partners that preserve, on an interim basis, a functioning dispute settlement process among those WTO Members who participate in it; recalls that a binding, two-tier and independent process should remain the core objective of the EU’s strategy; emphasises that successful reform will require engaging with the valid concerns of all parties involved and agreeing on a compromise solution; urges the relevant stakeholders to agree by the end of MC12 on an agenda for further work on the medium- to long-term areas of reform, some of which should be completed before the next Ministerial Conference (MC13); supports the Commission’s recent proposal for the reform of the enforcement regulation in order to ensure that the EU has the right tools to enforce third countries’ commitments;

9.

Calls on the Commission and the Council to cooperate with all WTO members in order to start a discussion on establishing new rules to address current gaps in the rulebook on unfair trade practices, counterfeiting, market-distorting subsidies, state-owned enterprises and forced technology transfer;

10.

Is convinced that the current differentiation between developed and developing countries does not reflect economic reality, and that this can be an obstacle to making progress in the Doha Round; urges advanced developing countries to take their share of the responsibility and make contributions commensurate with their level of development; believes that the special and differential treatment mechanism should be re-examined and revised with the due involvement of all WTO Members in order to better reflect human development indices while protecting policy space for addressing unfair trade, and calls therefore on WTO members to revise the system; underlines, however, that self-assertion of development status as only criterion could lead to unfair trade;

11.

Expects the WTO reform to create an easier path for open plurilateral agreements to be integrated into the multilateral architecture in order to ensure progress in areas not mature enough for the entire membership; invites all members to reflect on a way to develop a new system for enhanced cooperation such as is used in the European Union, with clear rules on a minimum number of members that should participate in a plurilateral initiative, and on that basis establish a straightforward mechanism which allows the resulting agreements to be incorporated into the WTO structure;

12.

Welcomes and supports the broad membership, ambitious negotiating agenda and progress made to date in the WTO plurilateral negotiations on e-commerce; calls for efforts to conclude negotiations on compliance with WTO rules; recalls its position that a possible agreement needs to guarantee market access for e-commerce-related goods and services in third countries, as well as the protection of consumer and labour rights; stresses the need to facilitate business innovation and data flows, in full compliance with EU law on privacy and data protection; recognises the possible legal uncertainty facing businesses and researchers using personal data, and the effect this could have on innovation; calls urgently for measures to increase legal certainty for stakeholders dependent on data usage for pre-approved data usage procedures, as well as for pseudonymisation and anonymisation; emphasises that WTO members should express their continuing support for the negotiations and a clear timeline for further progress; supports making the WTO moratorium on electronic transmissions permanent;

13.

Calls urgently for the possibilities for facilitating data flows with strategically important third countries to be explored; notes that European companies operating in some third countries are increasingly faced with unjustified barriers and digital restrictions; stresses that, to this end, data localisation requirements should be avoided where appropriate, that data must be covered by the EU’s free trade agreements, and that efforts to conclude adequacy decisions with third countries must be accelerated;

14.

Notes that due to legal requirements, trade still relies on a significant amount of paper documents, which is costly, inefficient and a risk during global crises; stresses the need to explore the use of electronic trade documents, which will increase efficiency and security and reduce environmental impact; emphasises the need to change international law to allow electronic documents to be used in trade;

15.

Calls urgently for the Information Technology Agreement (ITA) expansion to be extended; recognises that the ITA promotes global manufacturing digitalisation and should continue to evolve to include a greater range of products; calls for greater efforts to eliminate tariffs on the trade in ICT products; emphasises the positive trade effects of expanding geographical coverage to include more countries;

16.

Believes that the outcome of MC12 should provide an action-based agenda for trade policy supporting the 2030 SDGs and the Paris Agreement; strongly encourages WTO members to consider all possible measures to contribute to limiting greenhouse gas emissions in line with the UNFCCC, reinforce alignment with the Paris Agreement and climate neutrality, and enhance cooperation in the WTO on measures adopted domestically, including the introduction of green accounting standard taxonomies to help the private and public sectors identify sustainable economic activities, as well as significantly harmful activities, and measures that address carbon leakage; welcomes the Trade and Climate Initiative proposed by the Commission; invites the Commission to present specific proposals; emphasises, further, the need to advance discussion on goods and services that help address environmental and climate challenges; emphasises the need to advance the negotiations on the Environmental Goods Agreement which supports the greening of industries and a decent work-centred approach to transitioning to climate-friendly technologies; suggests improved coordination between the WTO and other international institutions, such as the Organization for Economic Co-operation and Development and the International Monetary Fund, to tackle carbon leakage;

17.

Reaffirms the links between gender equality and inclusive development, and emphasises that women’s empowerment is key to the eradication of poverty and that simultaneously removing barriers to women’s participation in trade and addressing the adverse impacts of current trade rules on women in their multiple roles is critical for economic development; encourages all WTO members to sign the 2017 Buenos Aires Declaration on Trade and Women’s Economic Empowerment, and urges its 123 signatories to deliver on their commitments; urges the Commission to work towards a strong ministerial declaration that could serve as a roadmap for the implementation of the 2017 Buenos Aires Declaration;

18.

Welcomes the progress made, and calls for the final conclusion of the plurilateral discussions on the domestic regulation of services, as this would be a significant step forward and proof that progress is possible in a plurilateral setting within the WTO context;

19.

Expects a ministerial statement assessing the progress made on plurilateral negotiations on investment facilitation;

20.

Welcomes progress also on the joint initiative launched in Buenos Aires on MSMEs and the endorsement of the MSME Package in December 2020; recognises that the COVID-19 pandemic has had a significant negative impact on MSMEs, and expresses its support for the WTO’s MSME work programme, anchoring the ‘Think Small First’ principle in WTO rules; calls on all WTO members to join this initiative;

21.

Calls on the Commission and the Council to cooperate with other WTO members to ensure that the WTO actively contributes to increased respect for workers’ rights worldwide based in particular on the labour standards of the International Labour Organization (ILO), and to come forward with concrete proposals; recalls the importance of the dissemination of best practices on due diligence; welcomes the US proposal on forced labour as part of a broader endeavour to include labour standards in the WTO, establishing a level playing field at international level, and stresses the need for an agreement that establishes a level playing field at international level; recommends the establishment of a working group on labour rights as first step to advancing this agenda;

22.

Stresses that transparency is key to ensuring a stable trading and investment environment; believes that it is important to enhance the transparency of monitoring procedures by increasing incentives for WTO members to comply with notification requirements by reducing their complexity and by providing capacity-building, while wilful non-compliance should be discouraged and challenged; invites WTO members to consider enhancing the role of the WTO Secretariat in this regard;

23.

Calls on the Commission and the Council to ensure that Parliament continues to be closely involved in the preparation of MC12, and is promptly updated and consulted during the 2021 Ministerial Conference;

24.

Calls on WTO members to ensure democratic legitimacy and transparency by strengthening the parliamentary dimension of the WTO and the parliamentary conference; emphasises the importance of the work of the joint European Parliament and Inter-Parliamentary Union (IPU) parliamentary conference on the WTO; stresses the need to ensure that parliamentarians have better access to trade negotiations and are involved in the formulation and implementation of WTO decisions;

25.

Calls on WTO members to enhance the exchange with all stakeholders, including civil society and business organisations, and to step up cooperation with other international organisations such as the ILO and more broadly the UN system; expects leaders to communicate more at different levels about the benefits of rules-based trade;

26.

Supports efforts to revitalise accession negotiations with observer countries, in particular with Serbia, Kosovo and Bosnia and Herzegovina; calls for the swift conclusion of negotiations for the respective draft Working Party Reports;

27.

Calls urgently for greater efforts to expand membership of the WTO General Procurement Agreement, in particular to China and other emerging economies;

28.

Calls for renewed efforts to harmonise non-preferential rules of origin as provided for in the Rules of Origin Agreement;

29.

Calls on all WTO members to ratify Annex K to the World Customs Organisation’s Kyoto Convention to reduce customs bureaucracy;

30.

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

(1)  Doha Ministerial Declaration (WT/MIN(01)/DEC/1) of 14 November 2001.

(2)  OJ C 356, 4.10.2018, p. 34.

(3)  OJ C 363, 28.10.2020, p. 113.

(4)  OJ C 232, 16.6.2021, p. 62.

(5)  Texts adopted, P9_TA(2021)0250.

(6)  Texts adopted, P9_TA(2021)0283.

(7)  https://www.europarl.europa.eu/cmsdata/158345/outcome_document-final-e.pdf

(8)  WTO WT/GC/223, 24 November 2020.

(9)  IPCC, 2021: Summary for Policymakers. In: ‘Climate Change 2021: The Physical Science Basis. Contribution of Working Group I to the Sixth Assessment Report of the Intergovernmental Panel on Climate Change (IPCC)’.


8.6.2022   

EN

Official Journal of the European Union

C 224/95


P9_TA(2021)0480

The safety of truck parking lots in the EU

European Parliament resolution of 25 November 2021 on the safety of truck parking lots in the EU (2021/2918(RSP))

(2022/C 224/09)

The European Parliament,

having regard to Articles 2 and 3 of the Treaty on European Union,

having regard to Articles 4, 26, 67, 73, 87, 88 and 91 of the Treaty on the Functioning of the European Union,

having regard to Directive 2008/96/EC of the European Parliament and of the Council of 19 November 2008 on road infrastructure safety management (1), as amended by Directive (EU) 2019/1936 of the European Parliament and of the Council of 23 October 2019 amending Directive 2008/96/EC on road infrastructure safety management (2),

having regard to Directive 2010/40/EU of the European Parliament and of the Council of 7 July 2010 on the framework for the deployment of Intelligent Transport Systems in the field of road transport and for interfaces with other modes of transport (3),

having regard to Commission Delegated Regulation (EU) No 885/2013 of 15 May 2013 supplementing ITS Directive 2010/40/EU of the European Parliament and of the Council with regard to the provision of information services for safe and secure parking places for trucks and commercial vehicles (4),

having regard to Regulation (EU) No 1315/2013 of the European Parliament and of the Council of 11 December 2013 on Union guidelines for the development of the trans-European transport network and repealing Decision No 661/2010/EU (5),

having regard to Decision No 585/2014/EU of the European Parliament and of the Council of 15 May 2014 on the deployment of the interoperable EU-wide eCall service (6),

having regard to Regulation (EU) 2021/1153 of the European Parliament and of the Council of 7 July 2021 establishing the Connecting Europe Facility and repealing Regulations (EU) No 1316/2013 and (EU) No 283/2014, in particular its Article 9(2)(b)(vii) (7),

having regard to Regulation (EU) 2020/1054 of the European Parliament and of the Council of 15 July 2020 amending Regulation (EC) No 561/2006 as regards minimum requirements on maximum daily and weekly driving times, minimum breaks and daily and weekly rest periods and Regulation (EU) No 165/2014 as regards positioning by means of tachographs (8),

having regard to the deliberations on Petition No 0549/2021 during the meeting of the Committee on Petitions of 15 July 2021,

having regard to Rule 227(2) of its Rules of Procedure,

A.

whereas the Committee on Petitions has received Petition No 0549/2021, signed by 22 735 people, which raises concerns about truck parking areas on the EU road network and calls for preventive measures to reduce the risk and magnitude of the safety problems in truck parking areas;

B.

whereas organised crime groups are often involved in cargo thefts and frequently target high-value products, such as electronics, tobacco and pharmaceutical products, causing significant economic losses (9), which amounted to approximately EUR 52 million between 2017 and 2019; whereas these figures are not comprehensive owing to the lack of reporting and sharing of relevant data on cargo crimes;

C.

whereas these criminal groups are becoming more organised, use cutting-edge technology and in many cases make moorings on demand, and whereas according to the Europol Serious and Organised Crime Threat Assessment 2021, the use of violence by criminals involved in serious and organised crime in the EU appears to have been increasing, with victims being targeted indiscriminately without regard for their involvement or standing, often causing harm to innocent bystanders;

D.

whereas the European Union should combat crime and organised crime on the EU road network and should promote the effective movement of goods in a safe manner and without additional costs linked to overexposure to the risk of assault;

E.

whereas international road transport drivers spend longer periods away from their home and families, meaning that safe, secure and well-equipped parking infrastructure across the EU is of crucial importance for their physical and mental health;

F.

whereas work, rest and break periods of international haulage drivers are subject to strict rules aiming to create a safe, efficient and socially accountable road transport sector in the European Union; whereas it is responsibility of both the EU institutions and the Member States to provide adequate and EU-wide accessible parking infrastructure that renders working and rest time rules proportionate and feasible;

G.

whereas poor resting conditions and the high risk of crime and assault are the main factors that make the driver profession so unattractive; whereas the lack of drivers is an ever-increasing problem challenging the effective functioning of the single market, logistics and supply chains and other sectors such as manufacturing and retail;

1.

Recalls that a Commission study of 2019 points out that there is a lack of an estimated 100 000 overnight parking spaces for trucks in the EU, while this shortfall is even greater for certified secure parking areas (10);

2.

Declares that secure and safe truck parking areas (SSTPAs) are needed to ensure socially fair conditions for professional drivers when they take compulsory rests; recalls that the road transport industry is suffering from an acute driver shortage; calls on the Commission to closely monitor the availability of a sufficient number of high-quality SSTPAs and the proportionate application of penalties by Member States; underscores the need to take action in the event of any form of unfair treatment of or discrimination against EU truckers and transport companies;

3.

Deplores the attacks on carriers in the truck parking areas, including deadly attacks, and recalls that these attacks are often committed by well-organised and well-equipped gangs that sometimes steal goods to order and often use the income from these offences to fund other forms of serious crime;

4.

Deplores the fact that this kind of episode might have a xenophobic or racist aspect;

5.

Acknowledges that property crime against trucks is increasingly of a cross-border nature and represents the main security threat for truck drivers; highlights that enhanced cooperation is needed in order to properly tackle such crime, and requests more structural exchange of information and operational coordination between Member State law enforcement authorities with the support of Europol, including enhanced cooperation with private parties, such as the Transported Asset Protection Association and the European Secure Parking Organisation;

6.

Calls on the Member States to systematically report crimes to Europol in order to ensure coherent responses through operational and analytical support, and calls on the Commission to further strengthen Europol’s capabilities in this area by increasing its resources and staff;

7.

Calls on the Commission to encourage an increase in available truck parking lots and to improve their quality, safety and connectivity using legislative initiatives, European structural and investment fund programmes, mechanisms for promoting cooperation between the competent authorities of the Member States and other available instruments, such as the Connecting Europe Facility funding programme;

8.

Urges the Commission and the Council to take the necessary measures to establish and develop police cooperation involving the competent authorities of all Member States to prevent, detect and investigate criminal offences on roads and in parking areas;

9.

Calls on the Commission and the Member States to include objectives and approaches to increase the number of SSTPAs in the final partnership agreements on the European structural and investment funds and in the programmes for these funds;

10.

Welcomes the establishment of the Commission’s Expert Group on Road Infrastructure Safety, which will seek the advice and expertise of Member States and other relevant stakeholders on this topic, including for the preparation of non-legislative acts, as well as the establishment of the High-Level Group on Road Safety, which will provide strategic advice and frequent feedback; urges the Commission to accelerate work in this area and to coordinate with Member States so as to achieve concrete improvements for the EU’s truck drivers;

11.

Stresses the importance of implementing projects aimed at promoting national and international cooperation in the fight against cargo theft, creating an overview of ongoing procedures and optimising case work at operational level;

12.

Recalls the importance of ensuring priority funding for the creation and upgrading of SSTPAs in the EU by making use of all available EU and Member State funding programmes;

13.

Calls on the Member States to assume their primary responsibility for improving the safety of truck parking areas by means of well-established national road safety strategies and concrete measures set out in action plans and implementation plans, which form the basis of a genuine EU road safety culture;

14.

Calls on the Commission and the Member States to join forces to improve the quality of the services in truck parking areas, including by offering basic affordable features, and to improve their security, while ensuring that independent third-party audits based on common EU standards will be conducted for all secure truck parking areas within the system, this to guarantee that infrastructure conforms to EU safety and security standards e.g. in line with Directive 2008/96/EC on road infrastructure safety management;

15.

Regrets that divergent interpretations persist in relation to parking security and safety standards and certification requirements and emphasises the importance of creating a harmonised EU standard containing clear and unambiguous rules on safety and comfort levels;

16.

Calls on the Commission to fulfil the commitments enshrined in Regulation (EU) 2020/1054 to establish standards and certification procedures for safe and secure truck parking facilities in the EU;

17.

Underscores that EU standards detailing the level of service and security of SSTPAs and procedures for the certification of such parking areas must be made mandatory in order to ensure and provide a consistent definition of secure truck parking areas and a coherent legislative framework;

18.

Calls for the coverage and effectiveness of emergency and immediate response services to be improved and for call systems for the notification to the competent authorities to be introduced in all official languages; urges the Member States to implement an immediate response system when a crime against a driver or a truck is committed within their national jurisdiction and to avoid cases when a driver does not receive timely assistance from national public security authorities due to the minor nature of the crime, linguistic barriers or on any other grounds;

19.

Requests the introduction of regular security/police patrols in parking areas where security services cannot be constantly provided, but attacks on carriers have been reported;

20.

Highlights the importance of strengthening data collection mechanisms, information exchange and analytical support, and calls on the Member States to implement effective models for automated data gathering, processing and sharing in order to improve the operational response of police forces to cross-border crime;

21.

Points out that information about the location of SSTPAs should be conveyed in a user-friendly manner to drivers and to the entire logistics chain via digital tools and asks the Commission to achieve this goal by setting a basis for interoperable ICT solutions that will allow drivers to find and book secure parking areas and plan their trips accordingly;

22.

Calls on the Commission and the Member States to promote existing in-vehicle safety systems and any kind of intelligent warning tool and their connection with police and emergency services;

23.

Calls on the Commission to propose measures for the revision of Commission Delegated Regulation (EU) No 885/2013 and Regulation (EU) No 1315/2013;

24.

Calls on the Commission and the Member States to explore and suggest concrete measures for the protection of victims of crimes committed in unprotected truck parking areas, such as access to medical assistance, legal advice, an interpreter etc.;

25.

Welcomes the decision of the Committee on Petitions to set up a fact-finding mission to further investigate the facts described in Petition No 0549/2021, to deliver new details on the safety of truck parking areas and to assess the challenges on the ground;

26.

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

(1)  OJ L 319, 29.11.2008, p. 59.

(2)  OJ L 305, 26.11.2019, p. 1.

(3)  OJ L 207, 6.8.2010, p. 1.

(4)  OJ L 247, 18.9.2013, p. 1.

(5)  OJ L 348, 20.12.2013, p. 1.

(6)  OJ L 164, 3.6.2014, p. 6.

(7)  OJ L 249, 14.7.2021, p. 38.

(8)  OJ L 249, 31.7.2020, p. 1.

(9)  Europol Serious and Organised Crime Threat Assessment 2021: ‘The losses caused by cargo crime in the eight most affected Member States exceeded EUR 75 million in 2019 and have a significant impact on supply chains’.

(10)  2019 Commission case study on safe and secure parking for trucks, p. 24. Available at: https://ec.europa.eu/transport/sites/default/files/2019-study-on-safe-and-secure-parking-places-for-trucks.pdf


8.6.2022   

EN

Official Journal of the European Union

C 224/99


P9_TA(2021)0481

Situation in Somalia

European Parliament resolution of 25 November 2021 on the situation in Somalia (2021/2981(RSP))

(2022/C 224/10)

The European Parliament,

having regard to its previous resolutions on Somalia,

having regard to the joint EU-Africa Strategy,

having regard to the Cotonou Agreement,

having regard to the Universal Declaration of Human Rights,

having regard to the African Union Convention for the Protection and Assistance of Internally Displaced Persons (IDPs) in Africa,

having regard to the UN Convention on the Rights of the Child of 1989,

having regard to the EU-Somalia National Indicative Programme for the Federal Republic of Somalia 2014-2020,

having regard to the African Union Mission in Somalia’s (AMISOM) statement of 8 November 2017 announcing its intention to initiate a phased withdrawal of troops from Somalia starting in December 2017, with the intention of a full withdrawal by 2020,

having regard to the statement by the High Representative Josep Borrell of 18 September 2021 on the political situation in Somalia,

having regard to UN Security Council Resolution 2568 of 12 March 2021 on the situation in Somalia,

having regard to Rules 144(5) and 132(4) of its Rules of Procedure,

A.

whereas the humanitarian situation in Somalia is continuing to deteriorate, with multiple crises, including political instability, terrorist activities, food insecurity, drought, the climate crisis and COVID 19, threatening stability, human well-being and livelihoods, and causing large-scale displacement across the country and the region;

B.

whereas international aid agencies have warned that Somalia is on the verge of a humanitarian catastrophe with an estimated 5,9 million people in need of humanitarian assistance and over 2,7 million facing emergency levels of food insecurity across the country, including more than 800 000 children under the age of five at risk of acute malnutrition; whereas 2 million people are facing severe water shortages; whereas the UN has stated that Somalia is facing the worst funding shortage in six years; whereas humanitarian partners estimate that 7,7 million Somalis will require humanitarian assistance in 2022, and some 1,2 million children under the age of five are likely to be acutely malnourished in 2022 if treatment is not provided immediately;

C.

whereas Somalia has been unable to respond to the COVID 19 pandemic owing to the absence of a functioning health care system, a lack of ventilators, pharmaceutical supplies and personnel; whereas Somalia, like many African countries, has been unable to vaccinate its population due to a lack of vaccine availability, with approximately only 3 % of its population fully vaccinated;

D.

whereas the education sector has been hugely affected by the COVID-19 pandemic, with many children, including those living in IDP sites in particular, unable to continue their formal education as a result of circumstances such as their parents losing their livelihoods and effective sources of income;

E.

whereas insurgent groups remain the biggest source of insecurity in the country, carrying out indiscriminate attacks on Somalis, and being involved in kidnappings and the forcible recruitment of children for armed conflict; whereas approximately 1 000 civilians have been killed or injured in armed conflict so far in 2021, with Al-Shabaab responsible for most of the civilian casualties; whereas militants have stepped up their attacks and targeted assassinations of government officials in an attempt to disrupt the 2021 electoral process;

F.

whereas vulnerable groups are still the main targets of abuses and violence, including women, children, elderly people, IDPs, LGBTQ and other minorities; whereas sexual and gender-based violence, as well as conflict-related violence, still occur on a large scale with impunity, particularly in conflict areas;

G.

whereas according to the UN Secretary-General’s 2021 report on Children and armed conflict, grave abuses against children in Somalia continued, with at least 1 087 children killed and maimed in 2020; whereas Al-Shabaab is the main recruiter of children, while Al-Shabaab, government security forces, regional security forces and clan militias combined recruited 1 716 children last year;

H.

whereas in August 2020, the Parliament in Mogadishu tabled a new Sexual Intercourse Related Crimes Bill permitting child marriage by defining a child on the basis of physical maturity rather than age, and including weak procedural protections for survivors; whereas the new Sexual Intercourse Related Crimes Bill violates international and regional human rights obligations;

I.

whereas freedom of expression continues to be severely restricted, with journalists and human rights defenders being threatened, arbitrarily detained and denied due process and fair trial guarantees; whereas media outlets have been closed down by the authorities at regional and federal level; whereas the authorities rarely investigate cases of killings or attacks on journalists or prosecute perpetrators;

J.

whereas ahead of the electoral process, the Federal Government of Somalia’s security forces and regional authorities, in particular in Puntland, as well as Al-Shabaab, have escalated attacks on journalists through intimidation, harassment and arbitrary arrests; whereas an independent media is an essential component of a fair electoral process; whereas numerous journalists have been unlawfully killed in the course of 2021, including veteran journalist Abdiaziz Mohamud Guled, Director of Radio Mogadishu, who was murdered by Al-Shabaab in Mogadishu on 20 November 2021;

K.

whereas an estimated 2,9 million Somalis are internally displaced; whereas from August to October 2021 55 000 people were forced to flee their homes, with 80 % of them taking flight as a result of conflict and 20 % due to climate-related events; whereas there are several refugee camps in Kenya and they have been welcoming Somali refugees and asylum seekers since the time of the civil war in Somalia in 1991, including the Kakuma and Dadaab camps with around 520 000 registered refugees and asylum seekers; whereas living conditions in the camps are unsafe, with women, children and LGBTQ people in particular facing recurrent abuse and violence; whereas on 29 April 2021, the UN High Commissioner for Refugees (UNHCR) and the Kenyan Government agreed on a roadmap postponing the closure of the Dadaab and Kakuma camps to 30 June 2022;

L.

whereas Somalia remains one of the most dangerous African countries for trade unionists, who are systematically subjected to violence and intimidation; whereas Somali workers are incessantly denied their fundamental human and labour rights, and their occupational health and safety is regularly endangered and poorly paid, including by foreign contractors;

M.

whereas the electoral process was originally due to be completed in October 2021 with presidential elections; whereas, however, the electoral process has been continuously held up, following delays from the Federal Member States in holding elections of the members of both houses of the Federal Parliament of Somalia, which would in turn elect the President of Somalia; whereas the longer the election process is delayed, the more resources will be diverted away from important national priorities, such as responding to the humanitarian emergencies;

N.

whereas clan delegates are set to appoint a total of 275 MPs to the Lower House, while Somalia’s five state legislatures have already elected all 54 senators to the Upper House; whereas the authorities have committed to completing the Lower House elections by 24 December 2021; whereas credibly completing the electoral processes will be crucial to ensuring Somalia’s security and long-term development;

O.

whereas 26 % of those elected to the Upper House are women, representing a positive development in Somalia’s path to gender equality; whereas further efforts must be made to meet the agreed 30 % quota for the Lower House and to achieve the full inclusion of women in Somalia’s political, social and economic decision making;

P.

whereas foreign interference in the internal political processes and organisation of the elections has hindered their timely conclusion; whereas on 15 November 2021, the UN Security Council adopted resolution 2607 (2021), which renews the arms embargo on Somalia;

Q.

whereas the UN mandate of AMISOM will expire on 31 December 2021; whereas the Federal Government of Somalia and the African Union (AU) have been unable to agree on a reconfiguration of an AU-led mission, as provided for by UN Security Council resolution 2568 (2021); whereas the EU, through various instruments, has been the main financial contributor to AMISOM and AU activities in Somalia since 2007;

R.

whereas in December 2020, the Council prolonged the mandates of its three Common Security and Defence Policy (CSDP) missions and operations in Somalia, the EU Capacity Building Mission (EUCAP) Somalia, the EU Training Mission (EUTM) Somalia and Operation EUNAVFOR ATALANTA, until 31 December 2022;

S.

whereas on 5 November 2021, Somalia declared AU envoy Simon Mulongo persona non grata and ordered him to leave the country within seven days, accusing him of engaging in activities that were incompatible with AMISOM’s mandate;

T.

whereas the EU committed EUR 286 million to Somalia under the National Indicative Programme in the period 2014-2020, focusing on supporting the rule of law, security, food security and education; whereas in 2021, the EU allocated EUR 45,3 million in funding for humanitarian projects in Somalia, including EUR 2,8 million in support of the national COVID-19 vaccination roll-out, whereas the EU and its Member States together provide over 35 % of all humanitarian aid in Somalia;

1.

Expresses its grave concern at the deteriorating humanitarian crisis in Somalia; condemns all violations and abuses of human rights and indiscriminate attacks directed against civilians, humanitarian workers, journalists, election officials and AMISOM by terrorist groups, notably Al-Shabaab; calls on all parties involved in the various conflicts in Somalia to immediately put an end to abuses of human rights, and to take concrete steps to bring those responsible to justice in fair trials; strongly calls for a cessation of hostilities and, whenever possible, the pursuit of comprehensive dialogue to address political differences;

2.

Recalls that lasting stability and peace in Somalia can only be achieved through social inclusion and good governance based on the principles of democracy and the rule of law; calls, therefore, on Somalia’s leaders to step up efforts towards the completion of the country’s electoral process and finish holding inclusive and credible elections for the Lower House before the end of 2021, so that the presidential elections can then be held as soon as possible; underlines that the electoral process must proceed peacefully, in line with the previously agreed timetable of 27 May 2021; calls further on Somalia’s leaders to show restraint and refrain from any actions that could escalate political tensions or violence, in order to establish stability and deny Al-Shabaab the opportunity to gain political influence; calls for full respect for fundamental rights during the campaign and electoral periods, including the right to peaceful assembly, and freedom of movement, association, and expression; condemns all excessive use of force by government forces against the political opposition or against protesters; cautions against any further initiatives leading to an extension of prior mandates without broad support from Somali stakeholders and opposes any parallel processes or partial elections;

3.

Calls for the EU, its Member States and international partners to urgently increase humanitarian assistance in line with requirements and provide additional assistance to the COVID-19 response, in particular through vaccine sharing and the provision of essential medical supplies and pharmaceutical products; underlines that the international community must help in doing whatever it takes to get the COVID-19 pandemic under control in Somalia and the region, including through greater distribution of vaccines and boosting vaccine manufacturing capacity;

4.

Calls on the Somali authorities to cease all arbitrary arrests and to release all persons who are being subjected to unlawful and unjustifiable detention, to combat acts of harassment and intimidation of civilians by security forces, politicians and local authorities, and to ensure that those responsible are held accountable; insists that the authorities stop executions ordered by military courts, adopt a moratorium and abolish the death penalty; urges the Government of Somalia to strengthen the rule of law and establish an independent and impartial judicial system, and ensure reparations for the victims of extrajudicial and excessive violence; urges the Somali authorities to swiftly adopt the protection-of-civilians policy and the national counterterrorism bill, and to ensure their full compliance with international human rights norms and standards;

5.

Is very concerned about the number of refugees and IDPs in Somalia and their well-being; calls for the EU and international partners to engage with the Federal Government of Somalia to deliver protection, assistance and lasting solutions in line with international obligations; welcomes the Federal Government of Somalia’s ratification of the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa, and calls on the Commission to assist Somalia in developing national legal frameworks and ensuring the safety of IDPs and refugees, with particular attention to the most vulnerable such as women, children, and persons belonging to minority groups, who are most at risk of violence, abuse and violations;

6.

Is very concerned about the social and economic damage caused by climate change, including extreme weather events and the locust plague; welcomes Somalia’s commitments at the 2021 UN Climate Change Conference (COP26) to a Just Transition based on social dialogue and the prioritisation of renewable energy in order to cover Somalia’s energy needs; calls for urgent action and the proper implementation of action plans to prevent or mitigate climate related disasters, such as the Food and Agriculture Organization (FAO) Desert Locust Crisis Action Plan;

7.

Deplores the attacks by terrorist groups on humanitarian workers, the destruction of infrastructure and the diversion of aid; recalls that under international law unhindered access for the timely delivery of humanitarian assistance to persons in need across Somalia must be guaranteed;

8.

Recalls its strong support for all human rights and environmental defenders in Somalia and their work; calls on the EU delegation and Member States’ representations in the country to step up their support for civil society in their engagement with the Somali authorities, to use all available instruments to increase their support for human rights and environmental defenders’ work, and, where appropriate, to facilitate the issuing of emergency visas, and provide temporary refuge in Member States;

9.

Recognises the role AMISOM has played in contributing to the establishment of greater security in the face of the threat posed by Al-Shabaab and insurgent groups; expresses support for the Somalia Transition Plan (STP) regarding AMISOM operations, and calls for its timely implementation; calls on the key Somali security stakeholders to reach agreement on the strategic objectives, size and composition of a future AMISOM designed to support the security transition in Somalia, in order to progress in the implementation of the STP; calls for the national security architecture to be strengthened in order to protect the population; calls on the Federal Government of Somalia, AMISOM and allied forces to ensure that their military campaigns against Al-Shabaab are carried out in strict adherence to international humanitarian law and international human rights law;

10.

Underlines that the Somali authorities should have primary responsibility for ensuring security in their country, but are not yet in a position to do so in the fight against Al-Shabaab and insurgent groups; recalls the importance, in line with UN Security Council Resolution 2568 (2021), of urgently developing a plan of what a reconfigured AU presence would look like post-2021; recalls, in this context, the prime responsibility of the UN, the AU and the Federal Government of Somalia in developing such a plan, supported by international partners;

11.

Urges all foreign actors not to jeopardise the ongoing efforts in state and peace building, while promoting stability and, at the same time, preserving the unity of the country; reminds all parties of the continued arms embargo adopted by the UN Security Council on Somalia;

12.

Welcomes the increased representation of women in the parliamentary elections, noting that greater representation is still needed; stresses the important role women play in conflict resolution and peacebuilding; calls for the full, equal and meaningful participation and involvement of women at all levels in accordance with the Somali Women’s Charter;

13.

Condemns the ongoing sexual and gender-based violence against women and girls in Somalia, and calls for continued and concerted national efforts to tackle sexual and gender-based violence, including the effective transposition into domestic legislation and application of International Labour Organization (ILO) Convention 190 on violence and harassment in the world of work, which Somalia has ratified, the ratification of the Convention on the Elimination of All Forms of Discrimination against Women and the enactment of progressive legislation against female genital mutilation both at State and Federal levels; urges the Government of Somalia to take concrete measures to prevent sexual violence against women and children;

14.

Calls on the Somali authorities to repeal the provisions of the 2020 amended media law which severely restricts freedom of the media and freedom of expression, and does not comply with international standards on freedom of expression;

15.

Deplores the recent attacks on journalists and media personnel who have a legitimate role to play in state building and the electoral process, and who should be able to conduct their work without fear or intimidation; calls on the Somali authorities to conduct and conclude investigations into the killings of all journalists during 2021, including that of Jamal Farah Adan, and to bring those responsible to justice;

16.

Urges the Federal Government of Somalia and its Federal Member States to declare, without delay, a moratorium on the arrest and imprisonment of journalists while performing their journalistic duties, as proposed by Reporters Without Borders and the National Union of Somali Journalists, and to put an end to the continued use of Somalia’s old and outdated criminal code to punish journalists and curtail media freedom and freedom of expression;

17.

Calls on the Federal Government of Somalia, its Federal Member States and the international community to ensure that foreign or multinational companies operating in Somalia fully respect, uphold and apply international human rights treaties and other legal instruments, including Somalia’s provisional constitution and laws, as well as the UN Guiding Principles on Business and Human Rights and the core ILO conventions; underscores the need to target Al-Shabaab’s finances and to prevent illicit revenue generation, including from raw materials;

18.

Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the African Union, the President, the Prime Minister and the Parliament of Somalia, the Secretary-General of the United Nations, the United Nations Security Council, the United Nations Human Rights Council, and the ACP-EU Joint Parliamentary Assembly.

8.6.2022   

EN

Official Journal of the European Union

C 224/104


P9_TA(2021)0482

Human rights violations by private military and security companies, particularly the Wagner Group

European Parliament resolution of 25 November 2021 on the human rights violations by private military and security companies, particularly the Wagner Group (2021/2982(RSP))

(2022/C 224/11)

The European Parliament,

having regard to its previous resolutions and recommendations, notably its resolution of 4 July 2017 on private security companies (1), its resolution of 16 September 2020 on EU-African security cooperation in the Sahel region, West Africa and the Horn of Africa (2), its recommendation of 16 September 2021 on the direction of EU-Russia political relations (3), and its resolution of 5 July 2018 on Somalia (4),

having regard to Council Regulation (EU) 2020/1998 of 7 December 2020 concerning restrictive measures against serious human rights violations and abuses (5) (the EU Global Human Rights Sanctions Regime),

having regard to the Geneva Conventions of 1949 and their additional protocols,

having regard to the 1977 Organisation of African Unity Convention for the Elimination of Mercenarism in Africa,

having regard to the 1989 International Convention Against the Recruitment, Use, Financing and Training of Mercenaries,

having regard to the Montreux Document on pertinent international legal obligations and good practices for States related to operations of private military and security companies during armed conflict of 17 September 2008 (Montreux Document),

having regard to the report of 1 October 2021 of the Independent Fact-Finding Mission on Libya established by the UN Human Rights Council,

having regard to the statements by UN Human Rights Council experts of 31 March 2021 on Russian trainers and of 27 October 2021 on the Wagner Group in the Central African Republic,

having regard to the Declaration of the Paris International Conference for Libya of 12 November 2021,

having regard to the UN Guidelines on the Use of Armed Security Services from Private Security Companies,

having regard to the UN Guiding Principles on Business and Human Rights,

having regard to the reports, press releases and allegation letters of the UN Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination (UN Working Group on the use of mercenaries) in particular those of 24 March 2021 and of 27 October 2021,

having regard to the letter dated 25 June 2021 from the Panel of Experts on the Central African Republic extended pursuant to Resolution 2536 (2020) addressed to the President of the UN Security Council,

having regard to the open-ended intergovernmental working group to elaborate the content of an international regulatory framework, without prejudging the nature thereof, relating to the activities of private military and security companies,

having regard to the International Code of Conduct for Private Security Service Providers,

having regard to Rule 144(5) and 132(4) of its Rules of Procedure,

A.

whereas private military and security companies (PMSCs) are private business entities that provide military and/or security services, which can include, among others, armed guarding, maintenance and operation of weapons systems, prisoner detention and advice or training for local forces and security personnel; whereas the reliance of state and non-state actors on PMSCs has significantly increased in conflict areas in recent years; whereas 21st-century conflicts, starting with the wars in Afghanistan and Iraq, have seen PMSC involvement at all levels, from logistical support to high-intensity operations;

B.

whereas the current regulatory situation in this sector comprises a series of inconsistent rules which vary enormously between countries; whereas the non-homogenous national legislation and the self-regulation adopted by some PMSCs are not sufficient to deter abuse, given the lack of penalties, and can have a major impact on how PMSCs operate in multilateral interventions and conflict regions;

C.

whereas PMSCs are bound by international law when taking part in hostilities, in particular as set forth in the Geneva Conventions ratified by all UN member states; whereas the legal provisions of the Geneva Conventions are recognised as customary international law; whereas Article 47 of Additional Protocol I to the Geneva Conventions provides a definition of mercenaries; whereas, on this basis, mercenaries are defined as civilians and are as such not allowed to take part in conflict; whereas the International Convention Against the Recruitment, Use, Financing and Training of Mercenaries prohibits mercenaries;

D.

whereas the work on regulating PMSCs is ongoing, in particular in the UN open-ended intergovernmental working group to elaborate the content of an international regulatory framework, without prejudging the nature thereof, relating to the activities of private military and security companies; whereas there is a plan to present a draft regulatory framework for PMSCs in April 2022; whereas the EU was elected to the Group of Friends of the Chair of the Montreux Document Forum;

E.

whereas countless members of PMSCs acting as mercenaries have committed gross human rights violations, including war crimes, against both combatants and civilians in past, recent and ongoing conflicts; whereas most of those violations have been perpetrated with impunity and have not been investigated, prosecuted or convicted;

F.

whereas some countries, such as Russia, Turkey and the United Arab Emirates, are present in various conflict or post-conflict zones around the world through PMSCs;

G.

whereas the Wagner Group is a web of paramilitaries and businesses that have been linked by overlaps in ownership and logistics networks; whereas the Wagner Group stands out from other PMSCs on several counts, such as its reported connections to the highest echelons of the Russian State, its reported presence in numerous states, the scale of its operations, with an estimated 10 000 employees, and the gross human rights violations that have been documented and of which it has been accused; whereas Russian law prohibits the use of mercenaries under Article 359 of its Criminal Code, which allows the Kremlin to publicly distance itself from the illegal actions of PSMCs such as the Wagner Group, while at the same time provides a number of loopholes making it possible to use PSMCs as an important political and military tool in conflicts around the globe;

H.

whereas its ties with the Russian authorities have been documented by independent organisations such as Bellingcat through reports published from January 2019 to November 2021; whereas the Wagner Group allegedly relies on Russian military infrastructure, shares a base with the Russian military, is transported by Russian military aircraft and uses military healthcare services; whereas it is financed in part through multimillion-dollar catering and construction contracts for the Russian Armed Forces awarded to companies linked to Yevgeny Prigozhin, a close ally of Russian President Vladimir Putin; whereas Russia’s military intelligence agency GRU, its Ministry of Defence and its consular services are fully involved in the funding, recruitment, training and protection of Wagner operatives;

I.

whereas the EU imposed sanctions on Mr Prigozhin for his involvement in the Libyan conflict; whereas several companies under his control are under US sanctions for ‘supporting Russia’s paramilitary operations, preserving authoritarian regimes and exploiting natural resources’, according to the US Treasury;

J.

whereas the Kremlin’s use of PMSCs builds on the Soviet Union’s long history of operating proxy forces abroad by sending thousands of military specialists in the guise of ‘advisors’ to many conflicts worldwide, while officially denying Russian involvement; whereas on 11 April 2012, President Putin stated in his speech to the Russian Duma that ‘a group of private military companies would be an efficient tool to accomplish national goals without directly involving the Russian State’; whereas the Wagner Group’s denomination is being phased out to avoid public scrutiny and put distance between it and Mr Prigozhin and President Putin, and the group is being replaced by other entities under different names; whereas the Kremlin, via this construct and because the Wagner Group has no legal status, is trying to maintain plausible deniability regarding the actions and crimes committed by the group;

K.

whereas in the context of the Russian aggression against Ukraine, the use of PMSCs such as the Wagner Group, E.N.O.T Corp, the Cossacks and others may be aimed at concealing military interference, avoiding casualties among regular military troops and thereby hiding the human costs of military aggressions from the Russian public;

L.

whereas the Wagner Group was first identified in 2014 when it backed pro-Russian separatists and assisted the Russian military in war hostilities in the Donbas region of Ukraine and in the illegal invasion and annexation of Ukraine’s Crimea; whereas it has since been involved in conflicts in Syria, Sudan, Mozambique, Libya, the Central African Republic and Venezuela;

M.

whereas in the Central African Republic, UN experts from the UN Working Groups on the use of mercenaries, on business and human rights, and on enforced disappearances, as well as the UN Special Rapporteurs on torture and on extrajudicial, summary or arbitrary executions, jointly concluded in October 2021 that the Wagner Group had conducted gross and systematic human rights violations, including mass summary executions, arbitrary detentions, sexual violence, looting, enforced disappearances and torture during interrogations;

N.

whereas the Wagner Group has been involved in rapacious takeovers of essential resources such as mining and customs proceeds, thus weakening developing countries and depriving them of essential public resources; whereas, for example, following the 2018 signing of a military agreement between Russia and the Central African Republic, the Wagner Group’s Lobaye Invest company was granted exploration rights for gold and diamonds on several mining sites; whereas a CNN report of June 2021 revealed that Russian mercenaries executed civilians and expelled locals in the mining areas;

O.

whereas in Libya, the Wagner Group has been involved in logistical support and combat operations to support Libyan rebel General Khalifa Haftar since at least 2018; whereas according to the report of the UN Fact Finding Mission in Libya of October 2021, the Wagner Group has been involved in war crimes, including summary executions of civilians and detainees, enslavement, the planting of internationally banned anti-personnel landmines, and the killing or maiming of civilians including children, for example in al-Sbeaa village south of Tripoli; whereas the report documents multiple and repeated violations of the UN arms embargo and the use of Russian military cargo aircraft by the Wagner Group; whereas support by Russian mercenaries and military instructors for radical armed groups has further destabilised the EU’s southern neighbourhood;

P.

whereas on 12 November 2021, the countries participating in the Paris Conference for Libya expressed their opposition to any foreign interference in Libyan affairs and backed the implementation of the action plan for the withdrawal of mercenaries, foreign fighters and foreign forces from the Libyan territory’; whereas in early November 2021, Turkey sent approximately 150 additional Syrian mercenaries to Libya, on top of the 7 000 mercenaries that were already present in the country and loyal to Turkey, despite local and international demands to withdraw all foreign forces ahead of the parliamentary and presidential elections scheduled for 24 December 2021; whereas according to the final report of the UN Panel of Experts on Libya, pursuant to Resolution 1973 (2011), published in September 2019, Emirati company Black Shield Security Services recruited Sudanese nationals to serve in the Libyan conflict;

Q.

whereas in Syria, Wagner operatives have been sent to support the Russian military in its intervention to save the Assad regime since late 2015; whereas mercenaries have committed and filmed gruesome crimes against the Syrian population, such as torturing, murdering and beheading civilians near Palmyra; whereas a Syrian private airline, Cham Wings, has been involved in the transport of mercenaries from Russia to Libya and more recently in the transport of migrants to Minsk;

R.

whereas the UN Working Group on the use of mercenaries named reports alleging that Azerbaijan, with Turkey’s assistance, deployed Syrian mercenaries to sustain its military operations in the Nagorno-Karabakh conflict region;

S.

whereas three award-winning Russian journalists were murdered on 30 July 2018 while investigating the Wagner Group’s mining activities in the Central African Republic; whereas the death of Russian journalist Maxim Borodin, who reported on Wagner activities in Syria in March 2018, was part of a pattern of journalists who died in Russia while covering sensitive issues with potential repercussions for the authorities, according to the Committee to Protect Journalists;

T.

whereas on 15 November 2021, Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy Josep Borrell announced a consensus among EU foreign ministers to take restrictive measures against the Wagner Group in the EU’s upcoming Foreign Affairs Council of December 2021; whereas on 20 September 2021 he warned of the possible involvement of the Wagner Group in Mali;

U.

whereas a reported deal between the Wagner Group and the Malian authorities includes plans to deploy 1 000 contractors to the country; whereas the EU has common security and defence policy (CSDP) missions deployed in Mali;

V.

whereas on 7 December 2020, the Council adopted Regulation (EU) 2020/1998 establishing the EU Global Human Rights Sanctions Regime, which enables the EU to impose restrictive measures on targeted individuals, entities and bodies — including states and non-state actors — responsible for, involved in or associated with serious human rights violations and abuses worldwide; whereas the EU has a responsibility to make full use of this regulation in the event of human rights violations;

1.

Expresses its gravest concern about the wide range of violations of human rights and international humanitarian law that continue to be reported in relation to the ever-increasing activities of PMSCs and for which, for the most part, no one has yet been held to account;

2.

Condemns in the strongest terms the heinous crimes committed by the Wagner Group and related private military entities; underlines the strong indications that the Russian State bears responsibility for the funding, training, management and operational command of those paramilitary groups; underscores that the Wagner Group’s activities coincide and correspond with the spread of Russia’s influence in conflict zones; expresses its firm conviction that the Wagner Group, and other Russian-led security contractors, should be treated as proxy organisations of the Russian State;

3.

Calls on the Russian authorities to enforce the Russian Criminal Code, notably Article 359 prohibiting the recruitment, training, financing or material provision of mercenaries and their use in an armed conflict; calls on the Russian authorities, in that regard, to also ban state-run enterprises from having private military companies engaging in mercenary activities that are in breach of international humanitarian law;

4.

Underlines the importance of countering the strategy of the Wagner Group and its affiliates, notably the blurring of its identity through the use of various names to avoid international scrutiny;

5.

Calls on all states using the services of the Wagner Group and its affiliates, particularly the Central African Republic, to cut all ties with the group and its employees; calls on all states to face up to their responsibilities in the enforcement of international law, and to investigate the reported human rights violations and prosecute companies established on their soil when they engage in activities that violate international law; supports, in this regard, the efforts of human rights groups and individuals to hold the Wagner Group members accountable for crimes committed in Ukraine, Syria, Libya and the Central African Republic;

6.

Is deeply concerned over signs that the transitional authority of Mali has been contemplating using private military companies, in particular the Wagner Group; urges Mali not to proceed in this direction; firmly believes that the involvement of the Wagner Group would run counter to the objective of bringing back peace, security and stability to Mali and protecting the Malian people, which are the fundamental goals of the EU through its CSDP missions and of the EU Member States acting at the request of the Malian authorities;

7.

Believes that EU missions and operations cannot properly deliver and achieve peace, security and stability in partner countries when private security companies accused of gross human rights violations are operating simultaneously in the same country; points to targeted disinformation campaigns against EU missions and operations in Africa for which the Wagner Group and affiliates could be responsible as part of Russia’s modern hybrid warfare; calls on the relevant units of the StratCom task force of the European External Action Service (EEAS) to report on these disinformation campaigns;

8.

Calls for the EU and its Member States to seize all opportunities to communicate to relevant countries the risks associated with joining or collaborating with the Wagner Group and its affiliates, and to highlight the group’s dreadful human rights record; encourages governments to ensure strict provisions on compliance with international humanitarian law, democratic oversight, and accountability in contracts with foreign PMSCs for military assistance and security services; encourages states to be fully transparent with regard to contracting military support services, especially as regards the number, tasks and chains of command of PMSCs present on their territories, as well as the equipment used to fulfil their contracts;

9.

Calls on the EEAS to prepare a report on the activities of the Wagner Group in order to gain a clear overview of their various violations, which would then help to ensure accountability for their various crimes and pave the way to prosecute these perpetrators in front of international tribunals; states that Parliament will continue to follow the matter closely via a report and possible hearings;

10.

Calls on the EU Member States and their allies to step up the sharing of intelligence on the Wagner Group and its affiliates;

11.

Calls on the Commission to ensure that EU funds cannot under any circumstances be used by recipient countries to fund private military companies with such human rights records; calls on the Commission to raise this topic in its bilateral dialogue with all relevant countries;

12.

Demands that countries in which EU CSDP missions and operations are being conducted to support state capacity-building terminate their contracts with PMSCs violating human rights; requests that the Commission critically review EU support to the governments and state institutions associated with the Wagner Group; calls on the Member States and the Commission to refrain from setting up new cooperation projects providing direct budget support to governments involved with the Wagner Group; urges the Member States and the Commission to redirect this budget support to civil society organisations and projects that directly benefit the populations of these countries;

13.

Recalls that the EU and its Member States should only resort to private security companies in conflict zones to protect their premises or ensure transport security, and only if they fully respect human rights and international humanitarian law; stresses that no activities should be outsourced to PMSCs that would imply the use of force and/or active participation in hostilities, except in cases of self-defence, and under no circumstances should PMSCs be allowed to take part in or conduct interrogations; firmly believes that security and defence should be primarily provided by public authorities;

14.

Calls for the matter of the activities of the Wagner Group and other private military companies in Africa to be thoroughly discussed during the upcoming EU-Africa Summit;

15.

Reiterates the call made during the Paris Conference for Libya of 12 November 2021 for all foreign fighters, including mercenaries, to leave Libyan territory; urges Russia, Turkey, the United Arab Emirates and all other states to comply with that call, to immediately stop sending mercenaries to Libya and to withdraw those currently present in the country;

16.

Urges the Russian authorities to withdraw all mercenaries from eastern Ukraine and Crimea; supports the efforts of the Ukrainian authorities to bring members of the Wagner Group operating in Crimea and Donbas before a Ukrainian court and calls on Interpol to cooperate closely in these and other similar cases;

17.

Welcomes the statement of the VP/HR on the imminent adoption by the Foreign Affairs Council of targeted EU sanctions against the relevant individuals and entities affiliated with the Wagner Group, as well as individuals and entities working with them, using existing EU sanctions regimes such as the EU Global Human Rights Sanctions Regime; calls for these sanctions to include travel bans and assets freezes on Wagner operatives; calls on partner countries to adopt similar sanctions, including the member states of the African Union; calls for the EU to prepare and adopt restrictive measures for other PMSCs that are violating human rights;

18.

Calls on all UN member states to full ratify and implement the additional protocols to the Geneva Conventions, and to strengthen international law for the effective prohibition of mercenaries, building on the spirit of the 1977 OAU Convention for the Elimination of Mercenaries in Africa, the 1989 International Convention Against the Recruitment, Use, Financing and Training of Mercenaries and the 2008 Montreux Document;

19.

Calls for the EU and its Member States to ensure that a clear and binding regulatory framework for PMSCs is in place, in particular in the context of the UN open-ended intergovernmental working group, notably in relation to large projects in non-EU countries where these are funded by EU-based investors or financial institutions, and to ensure that such projects are transparently monitored; looks forward to its draft framework being circulated in April 2022; calls for mandatory due diligence requirements by entities that contract PMSCs;

20.

Supports the work undertaken by the UN Working Group; calls on states where serious alleged human rights violations by PMSCs have been reported to officially invite the UN Working Group on the use of mercenaries to conduct country visits as a matter of urgency;

21.

Urges the EU and its Member States to take resolute action to address the accountability gap of PMSCs, including with regard to transparency oversight and monitoring; reminds all states of their obligation to ensure that PMSCs under their jurisdiction or operating within their territory respect human rights; underlines the need to ensure judicial remedies, including criminal sanctions, for human rights violations resulting from the activities of PMSCs; demands unhindered access to justice and redress for all victims of violations, including abuses committed by Russian mercenaries; calls for the EU to encourage and support efforts in national and international jurisdictions to launch criminal proceedings to hold PMSCs accountable for human rights violations; calls on Russia, to this end, to fully cooperate with the UN, the EU and countries where the Wagner Group has allegedly committed crimes;

22.

Is of the opinion that strengthening EU training missions (EUTMs) would more effectively contribute to security sector reform in partner countries; is of the opinion that the swift implementation of the European Peace Facility, in full compliance with the Council Common Position on arms export controls (6), international human rights law, international humanitarian law, and effective transparency provisions, including a detailed list of equipment provided under the facility, would increase the EU’s influence in the capacity-building of partner countries’ armed forces and ensure they do not resort to PMSCs that do not share our values;

23.

Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the governments and parliaments of the Member States, and the Parliament of the Russian Federation.

(1)  OJ C 334, 19.9.2018, p. 80.

(2)  OJ C 385, 22.9.2021, p. 24.

(3)  Texts adopted, P9_TA(2021)0383.

(4)  OJ C 118, 8.4.2020, p. 113.

(5)  OJ L 410 I, 7.12.2020, p. 1.

(6)  Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment (OJ L 335, 13.12.2008, p. 99).


8.6.2022   

EN

Official Journal of the European Union

C 224/111


P9_TA(2021)0483

The human rights situation in Cameroon

European Parliament resolution of 25 November 2021 on the human rights situation in Cameroon (2021/2983(RSP))

(2022/C 224/12)

The European Parliament,

having regard to its previous resolutions on Cameroon, in particular that of 18 April 2019 (1),

having regard to the UN Office for the Coordination of Humanitarian Affairs Cameroon Situation Report of 5 November 2021 and the EU annual report on human rights and democracy in the world 2020 — Country report: Cameroon of 21 June 2021,

having regard to the ACP-EU Partnership Agreement (‘Cotonou Agreement’),

having regard to the Universal Declaration of Human Rights of 1948,

having regard to the International Covenant on Civil and Political Rights of 1966,

having regard to the Convention on the Rights of the Child, which Cameroon ratified in 1993,

having regard to the African Charter on Human and Peoples’ Rights of 1981,

having regard to the Constitution of the Republic of Cameroon,

having regard to Rules 144(5) and 132(4) of its Rules of Procedure,

A.

whereas the initially peaceful protests promoted by the Cameroon Anglophone Civil Society Consortium against the federal government’s marginalisation of Cameroon’s Anglophone regions in 2016 were suppressed with extreme violence by the state authorities, thereby fuelling support for separatism and the emergence of several separatist militias calling for a new state, Ambazonia, and prompting a bloody military conflict;

B.

whereas dialogue is a precondition for peace, and President Paul Biya’s government has consistently rejected direct talks with any separatist leaders from the Anglophone regions;

C.

whereas Cameroon faces a number of simultaneous political and security challenges, including threats from Boko Haram in its Far North region and an internal armed separatist rebellion which has been ongoing for almost 5 years in its Anglophone North West and South West regions;

D.

whereas Anglophone teachers and lawyers held peaceful strikes and demonstrations in 2016 in the North West and South West regions in opposition to the imposition of the French legal system and language in their courts and classrooms, which triggered the crisis; whereas the armed conflict, ongoing since 2017, has killed thousands of people and led to a full-blown humanitarian crisis in Cameroon’s Anglophone regions;

E.

whereas to date, more than 3 000 civilians and hundreds of members of the security forces have lost their lives; whereas the ongoing conflict in Cameroon has internally displaced over 1 million people; whereas over 2,2 million people require humanitarian assistance and over 66 000 people have sought refuge in neighbouring Nigeria; whereas Cameroon hosts more than 447 000 refugees and asylum seekers; whereas the spillover of this crisis is affecting the Cameroon West and Littoral regions;

F.

whereas the rule of law is not being upheld by the state of Cameroon, with independent monitors, including Human Rights Watch and Amnesty International, having previously documented military trial proceedings marred by serious substantive and procedural defects, and in which the presumption of innocence, the right to adequate defence, and the independence of proceedings and of the judiciary in general are all seriously undermined;

G.

whereas clashes between Anglophone separatist armed groups and government security forces are increasing in frequency and severity; whereas humanitarian aid has also been heavily disrupted in the affected regions due to non-state armed groups and lockdown measures, leaving people in those regions severely food insecure and depriving tens of thousands of people of access to vital healthcare; whereas few exceptions to the lockdown measures were granted on humanitarian grounds and, as a result, aid disbursement was significantly disrupted; whereas UN agencies have been forced to suspend humanitarian activities, notwithstanding the additional vulnerabilities created by the COVID-19 pandemic;

H.

whereas civilians are bearing the brunt of the violence and conflict between government and separatist forces and make up the vast majority of casualties; whereas government and separatist forces alike are continuously perpetrating reprisal attacks against one another, intentionally targeting civilians and vulnerable parts of the population;

I.

whereas Felix Agbor Nkongho, a human rights lawyer, prominent defender of the rights of the Anglophone minority and advocate for the peaceful resolution of the crisis, has on more than one occasion received death threats from the armed separatist groups; whereas he is not the only person facing attacks and harassment;

J.

whereas, since the 2018 elections, political tensions have spiralled into hate speech on the grounds of ethnicity or political opinion which, in turn, is amplified via social media platforms;

K.

whereas government forces have carried out extrajudicial killings of civilians, including women and children, torture and ill-treatment, committed sexual violence, including rape, and gender-based violence,, destroyed property, including villages, homes, health facilities and hospitals, looted property, and arrested and detained citizens arbitrarily, all as a result of hostilities or presumed collaboration with separatists;

L.

whereas in the first five months of 2021, armed separatists carried out at least 27 attacks with improvised explosive devices in 13 towns, more than in all previous years of the crisis combined; whereas they have raped, killed, tortured, violently assaulted, threatened and kidnapped hundreds of people, including women, humanitarian workers, teachers and children, presumed to have been collaborating with the military;

M.

whereas the conflict has had a disproportionate impact on children, with 700 000 students having been deprived of their right to education due to a forced school boycott across the Anglophone regions; whereas, as of August 2021, children in Cameroon make up 28 % of all survivors of gender-based violence and face a heightened risk of child recruitment, child labour and child abuse, with over 50 % of children in the country having reportedly been abused; whereas, according to the UN Population Fund, 38 % of women in Cameroon aged 20-24 were married before the age of 18 and 13 % were married before the age of 15;

N.

whereas President Biya, in response to international pressure, established a commission of inquiry into the killings in Ngarbuh, following which the government admitted that its security forces bear some responsibility and announced the arrest of individuals involved; whereas, however, there is no further information available on the matter;

O.

whereas a lockdown was strictly enforced, including the closure of almost all schools and learning centres; whereas violence was perpetrated against individuals refusing to observe the lockdown, including children and teachers; whereas schools, universities, and hospitals were attacked, thereby aggravating and prolonging violations of the right to access education and leading to the deprivation of essential health services;

P.

whereas tensions have risen in the country since the presidential elections of 2018; whereas, in September 2019, President Biya organised a national dialogue with the intention of resolving the conflict between armed forces and separatist rebels in the Anglophone regions; whereas two years later the implementation of the measures has yielded few results; whereas various attempts in 2020 and 2021 to resolve the crisis in Cameroon have failed;

Q.

whereas the signature of the presidential decrees providing for the transfer of competences and the gradual transfer of human and financial resources to the decentralised authorities for the concrete implementation of the decentralisation process is pending;

R.

whereas the government continues to restrict the freedoms of expression and association and has become increasingly intolerant of political dissent; whereas hundreds of opposition party members and supporters were arrested following demonstrations calling for a peaceful solution to the crisis in the Anglophone regions; whereas restrictions are persistently placed on political opponents, protestors, journalists and civil society;

S.

whereas Cameroon’s penal code punishes sexual relations between persons of the same sex with up to five years’ imprisonment; whereas numerous cases of arrest and harassment of LGBTQI people have been reported in recent years and months;

T.

whereas Cameroon faces additional threats from Boko Haram and Islamic State’s West Africa Province (ISWAP) in the Far North region; whereas attacks by the Islamist armed group Boko Haram have included daily killings, kidnappings, robberies and the destruction of property, which amount to serious human rights abuses and violations of international law and international humanitarian law; whereas such attacks have also involved child suicide bombers and child soldiers; whereas, since December 2020, at least 80 civilians have been killed by Boko Haram, with over 340 000 people being internally displaced as of August 2021; whereas the presumed death of Abubakar Shekau, the leader of Boko Haram, in a confrontation in Nigeria with the ISWAP splinter faction helped consolidate ISWAP’s power and increased insecurity in Cameroon’s Far North region; whereas government forces are unable to effectively protect the affected population;

1.

Is deeply concerned about the human rights situation in Cameroon; underlines the right of citizens to freedom of expression, assembly and association; calls for the respect of human rights and urges the Government of Cameroon to take all steps necessary to uphold its obligations to protect these rights;

2.

Urges both the Government of Cameroon and the political and military leaders of separatist groups to agree on a humanitarian ceasefire and encourages the parties to the conflict to agree on confidence-building measures, such as the freeing of non-violent political prisoners and the lifting of school boycotts; urges President Biya’s government and the Anglophone separatists to immediately re-initiate peace talks; urges the international community, especially the African Union, Central African states and the EU, to help facilitate dialogue by offering to take on a mediation role; underlines the importance of regional collaboration and urges the government to work closely with the African Union and the Economic Community of Central African States; deplores the failure and unwillingness of both parties to the conflict to engage in truly meaningful peace talks to solve the conflict; is convinced that political dialogue, conducted in a spirit of compromise, effective political participation and inclusion, including that of all relevant stakeholders, is the only way forward to reach lasting peace; calls on both the Government of Cameroon and leaders of separatist groups to make use of the existing mediation offers provided by third parties for immediate and direct negotiations;

3.

Condemns the human rights abuses and violations of international law and international humanitarian law perpetrated by the parties to the armed conflict and underlines the importance of the fight against impunity; calls on the Cameroonian authorities to ensure independent, effective, transparent and impartial investigations, as well as prosecution of the serious violations and abuses by both state and non-state actors, in accordance with international law and standards, and calls for those responsible for human rights violations to be held accountable and brought to justice in a fair trial, in order to end impunity and ensure judicial independence, which are core components of the rule of law and the foundation of a functioning democratic state;

4.

Calls on the Government of Cameroon to ratify the Rome Statute of the International Criminal Court; urges the EU to use all of the political leverage provided by its development aid and other bilateral programmes to enhance the defence of human rights in Cameroon;

5.

Opposes the use of military courts for the trial of civilians; recalls the international obligations as regards a fair trial, by which Cameroon is bound, reminds Cameroon of its obligation to uphold the right of all citizens to a fair trial before independent courts of law, and recalls that military courts should not have jurisdiction over the civilian population;

6.

Calls on the Cameroonian authorities to stop bringing people to trial before military tribunals, with predetermined outcomes and the imposition of the death penalty, which is unlawful under international human rights law; recalls that the death penalty has not been used in Cameroon since 1997, a milestone in the country’s path towards full abolition; reiterates the EU’s opposition to the death penalty in all cases and without exception; calls on the Government of Cameroon to ensure that it will be abolished; calls on the Government of Cameroon to ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights on the abolition of the death penalty; urges the courts to refrain from issuing such sentences and to confirm that it will not seek the death penalty;

7.

Deplores the use of violence, in particular against children, and is particularly concerned about the impact of the crisis on children; calls on both sides to the conflict to cease intentionally targeting civilians and urges separatists to immediately cease attacks against schools and end, with immediate effect, all forced boycotts on education, allowing for the safe return to school of all students and teachers;

8.

Calls on the Cameroonian authorities to protect all women in the country, especially in the conflict areas, and to promote gender equality and women’s empowerment through boosting the participation of women and women’s rights organisations in public and political life; calls for the development of specific EU actions to strengthen the rights of different groups of women, with a special focus on young people, migrants, women living with HIV, LGBTQI people and people with disabilities;

9.

Believes that the decentralisation process, seen as a system of economic, social and political governance, is a key instrument to respond to the multiple development challenges, notably through the enhanced accountability of local politicians and local administrations vis-à-vis engaged citizens; welcomes the EU’s support for the process;

10.

Condemns the excessive use and abuse of force against political opponents and peaceful protestors; deplores the use of lockdown measures, such as curfews or the banning of public meetings, under the veil of the COVID-19 pandemic in order to constrain freedom of expression, the press and the right to peaceful assembly; expresses concern at the status of freedom of speech and freedom of the press in Cameroon; deplores the arbitrary arrest and harassment of journalists and opposition politicians and the silencing of political dissent; calls on the Cameroonian authorities to immediately and unconditionally release political opponents, protesters and all other citizens who have been arbitrarily arrested and detained solely for political purposes; condemns the violations of fundamental freedoms;

11.

Calls on social media platforms to work with the government, the opposition and civil society to ensure that their pages are verified and limit inflammatory content, hate speech and misinformation, which further break down intercommunal relations;

12.

Deplores the fact that over 40 000 people were denied food assistance due to insecurity and roadblocks in the North West and the South West regions, as well as the recent attacks on health facilities and health workers, and the fact that humanitarian activities were banned under lockdown; condemns the blockage of humanitarian aid and attacks against humanitarian workers, including their abduction, harassment and murder in the North West and South West regions of Cameroon, and condemns, equally, the escalating intimidation of independent monitors and human rights defenders, especially women’s rights defenders, whose work is more important than ever in the context of serious human rights violations by all parties to the conflict; insists that all parties to the conflict immediately provide unfettered humanitarian access; calls on the Government of Cameroon to ensure that humanitarian aid reaches the regions in crisis;

13.

Calls for the UN and the EU to continue monitoring the humanitarian situation and assessing needs; calls for urgent humanitarian support from the international community, including the EU and its Member States, to respond effectively and meet the urgent needs of the population accordingly; considers that a UN Human Rights Council fact-finding mission to Cameroon would be appropriate to determine the degree to which international human rights law and international humanitarian law have been violated and by whom;

14.

Condemns the terrorist actions by Boko Haram in Cameroon; acknowledges the efforts of the Cameroonian authorities in combating the group; calls on the international community to support all efforts to combat the Islamist armed group; insists that terrorism can only be fought efficiently if we address the causes and specific problems related to inequality;

15.

Instructs its President to forward this Resolution to the Commission, the Council, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the Secretary-General of the United Nations, the Government and Parliament of Cameroon, and the co-presidents of the ACP-EU Joint Assembly.

(1)  OJ C 158, 30.4.2021, p. 7.


III Preparatory acts

European Parliament

Tuesday 23 November 2021

8.6.2022   

EN

Official Journal of the European Union

C 224/115


P9_TA(2021)0456

Common agricultural policy — support for strategic plans to be drawn up by Member States and financed by the EAGF and by the EAFRD ***I

European Parliament legislative resolution of 23 November 2021 on the proposal for a regulation of the European Parliament and of the Council establishing rules on support for strategic plans to be drawn up by Member States under the Common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulation (EU) No 1305/2013 of the European Parliament and of the Council and Regulation (EU) No 1307/2013 of the European Parliament and of the Council (COM(2018)0392 — C8-0248/2018 — 2018/0216(COD))

(Ordinary legislative procedure: first reading)

(2022/C 224/13)

The European Parliament,

having regard to the Commission proposal to Parliament and the Council (COM(2018)0392),

having regard to Article 294(2) and Articles 42 and 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0248/2018),

having regard to Article 13 of the Treaty on the Functioning of the European Union,

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

having regard to the 1979 Act of Accession, and in particular paragraph 6 of Protocol No 4 on cotton attached thereto,

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 French National Assembly, 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 17 October 2018 (1),

having regard to the opinion of the Committee of the Regions of 5 December 2018 (2),

having regard to the opinion of the Court of Auditors of 25 October 2018 (3),

having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 23 July 2021 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 Agriculture and Rural Development and also the opinions of the Committee on the Environment, Public Health and Food Safety, the Committee on Development, the Committee on Budgets, the Committee on Budgetary Control, the Committee on Regional Development and the Committee on Women's Rights and Gender Equality (A8-0200/2019),

1.

Adopts its position at first reading hereinafter set out (4);

2.

Approves its statement as well as the joint statement by Parliament and the Council annexed to this resolution, which will be published in the C series of the Official Journal of the European Union;

3.

Takes note of the statement by the Commission annexed to this resolution, which will be published in the C series of the Official Journal of the European Union;

4.

Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

5.

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

(1)  OJ C 62, 15.2.2019, p. 214.

(2)  OJ C 86, 7.3.2019, p. 173.

(3)  OJ C 41, 1.2.2019, p. 1.

(4)  This position replaces the amendments adopted on 23 October 2020 (Texts adopted, P9_TA(2020)0287).


P9_TC1-COD(2018)0216

Position of the European Parliament adopted at first reading on 23 November 2021 with a view to the adoption of Regulation (EU) 2021/… of the European Parliament and of the Council establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305/2013 and (EU) No 1307/2013

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2021/2115.)


ANNEX TO THE LEGISLATIVE RESOLUTION

European Parliament statement on the role of the European Council as regards legislative elements of the common agricultural policy

The European Parliament deplores the fact that the European Council took decisions, in its conclusions of 21 July 2020, on legislative elements of the common agricultural policy that should have been decided under the ordinary legislative procedure in accordance with the Treaties. The European Parliament considers those unilateral pre-emptive decisions to be unacceptable and that they impinge on the rights of the European Parliament as a co-legislator acting on an equal footing with the Council.

The European Parliament deplores the fact that the Council was therefore unwilling to enter into meaningful negotiations with the European Parliament concerning those elements on the grounds that they had already been decided by the European Council.

In particular, the European Parliament notes that the Council did not enter into meaningful negotiations on the capping and degressivity provisions laid down in Article 17 and the flexibility between direct payments allocations and EAFRD allocations laid down in Article 96, and considers the outcome of negotiations on those Articles to be unsatisfactory.

The European Parliament deeply regrets the Council’s approach and considers that it undermines the proper functioning of the ordinary legislative procedure. The European Parliament therefore insists that this should not be repeated in any future negotiations in the context of the ordinary legislative procedure.

Joint statement by the European Parliament and the Council on the social dimension of the common agricultural policy

The European Parliament and the Council invite the Commission to monitor, via a study to be carried out two years after the first two years of application of social conditionality by all Member States, the impact of the mechanism on workers conditions and the functioning of the system of penalties and, where appropriate, to come forward with proposals to enhance the social dimension of the CAP.

By 2025, the Commission will assess the feasibility of including, in Annex XX, Article 7(1) of Regulation (EU) No 492/2011 on free movement of workers and, where appropriate, come forward with proposals to that effect.

Commission statement on the possibility for Belgium to submit two CAP Strategic Plans

In view of the provisions of Article 104 of the CAP Strategic Plan Regulation agreed by the co-legislators and taking into account Belgium’s particular constitutional framework, the Commission confirms that it will accept that Belgium submits a CAP Strategic Plan for each of its relevant federated entities. This does not affect or alter Belgium’s legal obligations under the CAP Strategic Plan Regulation.


8.6.2022   

EN

Official Journal of the European Union

C 224/118


P9_TA(2021)0457

Common agricultural policy: financing, management and monitoring ***I

European Parliament legislative resolution of 23 November 2021 on the proposal for a regulation of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy and repealing Regulation (EU) No 1306/2013 (COM(2018)0393 — C8-0247/2018 — 2018/0217(COD))

(Ordinary legislative procedure: first reading)

(2022/C 224/14)

The European Parliament,

having regard to the Commission proposal to Parliament and the Council (COM(2018)0393),

having regard to Article 294(2) and Article 43(2) and Article 322(1), point (a), of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0247/2018),

having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

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

having regard to the opinion of the Court of Auditors of 25 October 2018 (1),

having regard to the opinion of the European Economic and Social Committee of 17 October 2018 (2),

having regard to the opinion of the Committee of the Regions of 5 December 2018 (3),

having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure, and the undertaking given by the Council representative by letter of 23 July 2021 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

having regard to Rules 59 and 40 of its Rules of Procedure,

having regard to the opinions of the Committee on Development, the Committee on Budgets, the Committee on Budgetary Control and the Committee on Regional Development,

having regard to the report of the Committee on Agriculture and Rural Development (A8-0199/2019),

1.

Adopts its position at first reading hereinafter set out (4);

2.

Approves its statement as well as the joint statement by Parliament and the Commission and the joint statement by Parliament, the Council and the Commission annexed to this resolution, which will be published in the C series of the Official Journal of the European Union;

3.

Takes note of the statements by the Commission annexed to this resolution, which will be published in the C series of the Official Journal of the European Union;

4.

Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

5.

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

(1)  OJ C 41, 1.2.2019, p. 1.

(2)  OJ C 62, 15.2.2019, p. 214.

(3)  OJ C 86, 7.3.2019, p. 173.

(4)  This position replaces the amendments adopted on 23 October 2020 (Texts adopted, P9_TA(2020)0288).


P9_TC1-COD(2018)0217

Position of the European Parliament adopted at first reading on 23 November 2021 with a view to the adoption of Regulation (EU) 2021/… of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy and repealing Regulation (EU) No 1306/2013

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2021/2116.)


ANNEX TO THE LEGISLATIVE RESOLUTION

Statement by the European Parliament on the Common Agricultural Policy implementation and transparency

The new legal framework of the Common Agricultural Policy (CAP) comprises enhanced flexibility for Member States in the design and implementation of national strategic plans (NSPs). This allows for adaptation to local needs while continuing to ensure that general eligibility conditions are complied with by final beneficiaries. The new delivery model, introducing a performance-based approach, also includes a significant transfer of responsibility from the Union level to national administrations in the management and control of the Union’s agricultural funds.

The European Parliament considers the interinstitutional agreement reached between the co-legislators to contain the necessary safeguards preventing the risks identified for the correct implementation of Member States’ NSPs as approved by the Commission. The European Parliament will monitor closely the implementation of NSPs by Member States as approved by the Commission and will exercise fully its role of supervisor of the work of the Commission granted under the Treaties and as defined in the CAP Regulations.

The European Parliament considers the effective protection of the financial interests of the Union to be ensured by Regulation (EU) 2021/… of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy, including the collection and publication of data on groups that ensure efficient checks on conflicts of interest, irregularities, issues of double funding, and criminal misuse of the funds. With a view to the use of a single data mining tool in the Member States, the European Parliament welcomes the commitment to examine a proposal on its mandatory use in all Member States, following the Commission’s report, to be completed by 2025, assessing its use and its interoperability.

Joint statement by the European Parliament and the Commission on annual performance monitoring in the framework of the Common Agricultural Policy

The European Parliament and the Commission recall that, in view of the new delivery model and the performance framework to be established in the Common Agricultural Policy (CAP) for the period 2023-2027, the annual performance reports, annual monitoring and the biennial performance review are of significant importance to uphold the ambitions set out in the CAP Strategic Plans.

In that context, the European Parliament and the Commission agree that it is necessary for the Commission to report annually to the European Parliament, in the Committee on Agriculture and Rural Development, on the progress made in the scope of the annual performance monitoring.

Joint statement by the European Parliament, the Council and the Commission on further measures to protect the Union budget against fraud and irregularities by requiring a generalised application of a single data mining tool in the framework of the Common Agricultural Policy

The Council and the European Parliament commit to examining a proposal on the compulsory use of a data mining tool in the Member States, following the Commission’s report by 2025 assessing the use of the single data mining tool and its interoperability with a view to its generalised use by Member States.

Statement by the Commission on certification bodies in the framework of the Common Agricultural Policy

The Commission takes note of the insertion of the new recital 13 into Regulation (EU) 2021/… of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy regarding the communication of information on appointed certification bodies. The Commission receives information from the Member States on the appointment of public and private certification bodies and it keeps an up-to-date register of these bodies for monitoring purposes. The Commission recalls its commitment to communicate annually the list of the appointed certification bodies to the Parliament.

Statement by the Commission on the EAFRD de-commitments in the framework of the Common Agricultural Policy

The Commission confirms that, if there is a risk of de-commitment of EAFRD funding, the relevant services of the Commission shall send a letter to the Member States’ authorities to alert them of that risk in sufficient time before the applicable deadline of the automatic de-commitment. The purpose of that letter is to encourage an increase in the absorption of EAFRD funding and to explore with Member States what can be done to that effect.

The Commission endeavours to avoid de-commitments also where specific circumstances apply. To that end, the relevant rules laid down in Regulation (EU) 2021/… of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy to interrupt the period for de-commitments in the event of on-going legal proceedings or administrative appeals will be fully applied. Moreover, in particular, the rule not to apply de-commitments in the event that budget commitments were not used for reasons of force majeure seriously affecting the implementation of the CAP Strategic Plans will be fully complied with.

Statement by the Commission on bundling of empowerments in the framework of the Common Agricultural Policy

The Commission recalls its commitment to observe the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. Point 31 of that Agreement states that, on condition that the Commission provides objective justifications based on the substantive link between two or more empowerments contained in a single legislative act, empowerments may be bundled. Consultations in the preparation of delegated acts also serve to indicate which empowerments are considered to be substantially linked.


8.6.2022   

EN

Official Journal of the European Union

C 224/122


P9_TA(2021)0458

Common agricultural policy — amendment of the CMO and other Regulations ***I

European Parliament legislative resolution of 23 November 2021 on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products, (EU) No 1151/2012 on quality schemes for agricultural products and foodstuffs, (EU) No 251/2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products, (EU) No 228/2013 laying down specific measures for agriculture in the outermost regions of the Union and (EU) No 229/2013 laying down specific measures for agriculture in favour of the smaller Aegean islands (COM(2018)0394 — C8-0246/2018 — 2018/0218(COD))

(Ordinary legislative procedure: first reading)

(2022/C 224/15)

The European Parliament,

having regard to the Commission proposal to Parliament and the Council (COM(2018)0394),

having regard to Article 294(2) and Article 43(2), Article 114, Article 118, first paragraph, and Article 349 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0246/2018),

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

having regard to the opinion of the European Economic and Social Committee of 17 October 2018 (1),

having regard to the opinion of the Committee of the Regions of 5 December 2018 (2),

having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 23 July 2021 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 Agriculture and Rural Development and the opinions and position in the form of amendments of the Committee on Development, the Committee on Budgetary Control, the Committee on the Environment, Public Health and Food Safety and the Committee on Regional Development (A8-0198/2019),

1.

Adopts its position at first reading hereinafter set out (3);

2.

Approves the joint statements by Parliament, the Council and the Commission and the joint statement by Parliament and the Council annexed to this resolution, which will be published in the C series of the Official Journal of the European Union;

3.

Takes note of the statements by the Commission annexed to this resolution, which will be published in the C series of the Official Journal of the European Union;

4.

Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

5.

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

(1)  OJ C 62, 15.2.2019, p. 214.

(2)  OJ C 86, 7.3.2019, p. 173.

(3)  This position replaces the amendments adopted on 23 October 2020 (Texts adopted, P9_TA(2020)0289).


P9_TC1-COD(2018)0218

Position of the European Parliament adopted at first reading on 23 November 2021 with a view to the adoption of Regulation (EU) 2021/… of the European Parliament and of the Council amending Regulations (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products, (EU) No 1151/2012 on quality schemes for agricultural products and foodstuffs, (EU) No 251/2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products and (EU) No 228/2013 laying down specific measures for agriculture in the outermost regions of the Union

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2021/2117.)


ANNEX TO THE LEGISLATIVE RESOLUTION (1)

Joint statement by the European Parliament, the Council and the Commission on proactive engagement at multilateral level concerning the application of EU health and environmental standards to imported agricultural products

The European Parliament, the Council and the Commission recognise the need to seek greater coherence between health and environmental standards that apply to agricultural products in the European Union and those that apply to imported agricultural products, in conformity with international trade rules. In order to tackle sustainable development issues, especially climate change and biodiversity loss, which are issues of global concern, and to match Citizens’ expectations for higher quality and more sustainable foods the European Union has continually raised these standards for many years. The European Green Deal and its sectoral strategies, including the Commission communication ‘Farm to Fork strategy’, strive to achieve this goal, and will result in a further raising of these standards applied within the EU, including, where relevant, for imported products.

The European Parliament, the Council and the Commission recognise the need to engage proactively at the multilateral level in increasing the ambition on international environmental objectives when enforcing and improving international trade rules. As stated in the Commission Trade Policy Review Communication, it is also appropriate for the European Union, under certain circumstances as defined by WTO rules, to require that imported agricultural products comply with certain production requirements so as to ensure the effectiveness of the health, animal welfare and environmental standards that apply to agricultural products in the European Union and to contribute to the full delivery of the European Green Deal and Farm to Fork Strategy communications. Given the importance of its market in international trade, the European Union can use its leverage capacity to raise health and environmental standards globally and thus contribute to achieving international environmental objectives such as those of the Paris Agreement.

The European Parliament, the Council and the Commission welcome the broader approach put forward in the Trade Policy Review, regarding the need for more engagement at the multilateral level to address key issues, such as strategic stocks, in particular because food is an essential good. Improving global food security implies reducing instability in agricultural markets by more cooperation at multilateral level going beyond reduction of market distortions, which is a necessary but not sufficient factor in stabilising international markets.

Joint statement by the European Parliament, the Council and the Commission on the CMO provisions related to the EU sugar sector

The European Parliament, the Council and the Commission recognise the difficulties faced by the sugar sector after the abolition of the sugar quotas in October 2017, characterised by instability on international markets, stagnating consumption and declining sugar beet and sugar production. This situation is source of concerns for the EU sugar sector.

The current state of the sector and its adaptation strategies will be assessed thoroughly within the framework of a study to be delivered in autumn 2021. The study will analyse the European and national policy instruments available for the sugar sector, the respective roles of the private sector and of the public institutions in responding to the major risks affecting the sector and will identify possible strategies to improve the resilience of the European sugar sector.

The European Parliament, the Council and the Commission will consider any appropriate future policy developments in light of the key findings and conclusions made in the context of this study. Such future policy developments could encompass any relevant regulatory and non-regulatory initiatives related to market and crisis management tools, market transparency in the sugar supply chain, contractual relations between growers and sugar producers, international trade and the evolution of the bioeconomy.

Joint statement by the European Parliament and the Council concerning the application of EU health and environmental standards to imported agricultural products

The European Parliament and the Council invite the Commission to present, at the latest in June 2022, a report containing an assessment of the rationale and legal feasibility of applying EU health and environmental standards (including animal welfare standards as well as processes and production methods) to imported agricultural and agri-food products as well as identifying the concrete initiatives to ensure better consistency in their application, in conformity with WTO rules. That report should cover all relevant public policy areas including — but not limited to — the Common Agricultural Policy, the Health and Food Safety Policy, the environmental policy and the Common Commercial Policy.

Commission statement on the review of import tolerances and Codex Maximum Residue Limits (MRL)

The Commission will continue to ensure that, following a thorough assessment of the scientific information available for active substances either in the context of the procedures under Regulation (EC) No 1107/2009 or the procedures under Regulation (EC) No 396/2005 and in conformity with WTO rules, import tolerances and Codex Maximum Residue Limits (CXLs) are assessed and reviewed for active substances that are not, or are no longer, approved in the EU, so that any residues in food or feed do not present any risk for consumers. In addition to health and good agricultural practice aspects currently considered, the Commission will also take into account environmental concerns of a global nature in conformity with WTO rules when assessing import tolerance applications or when reviewing import tolerances for active substances no longer approved in the EU. The presentation by the Commission of the proposal for a legislative framework for sustainable food systems will be a crucial additional step towards the full achievement of this ambition, in coherence with the Green Deal objectives.

Commission statement on wine and aromatised wine products nutrition and ingredients labelling

The Commission considers that products containing 1,2 % and less by volume of alcohol should continue to be regulated by the FIC Regulation and reserves its right to revert to the legal framework for wine labelling within the upcoming initiative for the labelling of all alcoholic beverages under the EU Beating Cancer Plan.

The Commission also considers that the present compromise on wine and aromatised wine products labelling as regards the list of ingredients and nutrition declaration cannot be seen as creating a precedent for future legislative proposal and negotiation and reserves its rights to align the labelling requirements for all wines to the EU Beating Cancer Plan.


(1)  Technical footnote: The joint statement on proactive engagement at multilateral level concerning the application of EU health and environmental standards to imported agricultural products, as included in amendment 283, contained an additional second paragraph (on import tolerances for pesticides). The insertion of that paragraph in the amendment resulted from a clerical error. The substance of that paragraph is already covered by the Commission unilateral statement on the review of import tolerances and Codex Maximum Residue Limits (MRL). That paragraph will therefore not be included in the joint statement to be published in the C series of the Official Journal of the European Union and it does not appear in the text adopted by Parliament.


8.6.2022   

EN

Official Journal of the European Union

C 224/126


P9_TA(2021)0459

Insolvency proceedings: replacing Annexes A and B to Regulation ***I

European Parliament legislative resolution of 23 November 2021 on the proposal for a regulation of the European Parliament and of the Council replacing Annexes A and B to Regulation (EU) 2015/848 on insolvency proceedings (COM(2021)0231 — C9-0178/2021 — 2021/0118(COD))

(Ordinary legislative procedure: first reading)

(2022/C 224/16)

The European Parliament,

having regard to the Commission proposal to Parliament and the Council (COM(2021)0231),

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 (C9-0178/2021),

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 10 November 2021 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 (A9-0293/2021),

1.

Adopts its position at first reading hereinafter set out;

2.

Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3.

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

P9_TC1-COD(2021)0118

Position of the European Parliament adopted at first reading on 23 November 2021 with a view to the adoption of Regulation (EU) 2021/… of the European Parliament and of the Council amending Regulation (EU) 2015/848 on insolvency proceedings to replace its Annexes A and B

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2021/2260.)


8.6.2022   

EN

Official Journal of the European Union

C 224/127


P9_TA(2021)0460

Integrated farm statistics: Union contribution under the MFF for the years 2021 to 2027 ***I

European Parliament legislative resolution of 23 November 2021 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2018/1091 as regards the Union contribution for the integrated farm statistics under the 2021-2027 financial framework (COM(2021)0477 — C9-0346/2021 — 2021/0270(COD))

(Ordinary legislative procedure: first reading)

(2022/C 224/17)

The European Parliament,

having regard to the Commission proposal to Parliament and the Council (COM(2021)0477),

having regard to Article 294(2) and Article 338(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0346/2021),

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

having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 8 November 2021 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 Agriculture and Rural Development (A9-0310/2021),

1.

Adopts its position at first reading hereinafter set out;

2.

Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3.

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

P9_TC1-COD(2021)0270

Position of the European Parliament adopted at first reading on 23 November 2021 with a view to the adoption of Regulation (EU) 2021/… of the European Parliament and of the Council amending Regulation (EU) 2018/1091 as regards the Union contribution for integrated farm statistics under Council Regulation (EU, Euratom) 2020/2093 laying down the multiannual financial framework for the years 2021 to 2027

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2021/2269.)


8.6.2022   

EN

Official Journal of the European Union

C 224/128


P9_TA(2021)0461

Packaged retail and insurance-based investment products (PRIIPs): key information documents. Extension of the transitional arrangement ***I

European Parliament legislative resolution of 23 November 2021 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 1286/2014 as regards the extension of the transitional arrangement for management companies, investment companies and persons advising on, or selling, units of undertakings for collective investment in transferable securities (UCITS) and non-UCITS (COM(2021)0397 — C9-0326/2021 — 2021/0215(COD))

(Ordinary legislative procedure: first reading)

(2022/C 224/18)

The European Parliament,

having regard to the Commission proposal to Parliament and the Council (COM(2021)0397),

having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0326/2021),

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

having regard to the opinion of the European Economic and Social Committee of 20 October 2021 (1),

having regard to the undertaking given by the Council representative by letter of 5 November 2021 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 Economic and Monetary Affairs (A9-0297/2021),

1.

Adopts its position at first reading hereinafter set out;

2.

Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3.

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

(1)  Not yet published in the Official Journal.


P9_TC1-COD(2021)0215

Position of the European Parliament adopted at first reading on 23 November 2021 with a view to the adoption of Regulation (EU) 2021/… of the European Parliament and of the Council amending Regulation (EU) No 1286/2014 as regards the extension of the transitional arrangement for management companies, investment companies and persons advising on, or selling, units of undertakings for collective investment in transferable securities (UCITS) and non-UCITS

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2021/2259.)


8.6.2022   

EN

Official Journal of the European Union

C 224/129


P9_TA(2021)0462

Undertakings for collective investment in transferable securities (UCITS): the use of key information documents ***I

European Parliament legislative resolution of 23 November 2021 on the proposal for a directive of the European Parliament and of the Council amending Directive 2009/65/EC as regards the use of key information documents by management companies of undertakings for collective investment in transferable securities (UCITS) (COM(2021)0399 — C9-0327/2021 — 2021/0219(COD))

(Ordinary legislative procedure: first reading)

(2022/C 224/19)

The European Parliament,

having regard to the Commission proposal to Parliament and the Council (COM(2021)0399),

having regard to Article 294(2) and Article 53(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0327/2021),

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

having regard to the opinion of the European Economic and Social Committee of 20 October 2021 (1),

having regard to the undertaking given by the Council representative by letter of 5 November 2021 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 Economic and Monetary Affairs (A9-0301/2021),

1.

Adopts its position at first reading hereinafter set out;

2.

Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3.

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

(1)  Not yet published in the Official Journal.


P9_TC1-COD(2021)0219

Position of the European Parliament adopted at first reading on 23 November 2021 with a view to the adoption of Directive (EU) 2021/… of the European Parliament and of the Council amending Directive 2009/65/EC as regards the use of key information documents by management companies of undertakings for collective investment in transferable securities (UCITS)

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive (EU) 2021/2261.)


Wednesday 24 November 2021

8.6.2022   

EN

Official Journal of the European Union

C 224/130


P9_TA(2021)0465

2022 budgetary procedure: joint text

European Parliament legislative resolution of 24 November 2021 on the joint text on the draft general budget of the European Union for the financial year 2022 approved by the Conciliation Committee under the budgetary procedure (13911/2021 — C9-0428/2021 — 2021/0227(BUD))

(2022/C 224/20)

The European Parliament,

having regard to the joint text approved by the Conciliation Committee and the relevant Parliament, Council and Commission statements (13911/2021 — C9-0428/2021),

having regard to the draft general budget of the European Union for the financial year 2022, which the Commission adopted on 9 July 2021 (COM(2021)0300),

having regard to the position on the draft general budget of the European Union for the financial year 2022, which the Council adopted on 6 September 2021 and forwarded to Parliament on 10 September 2021 (11352/2021 — C9-0353/2021),

having regard to Letter of amendment No 1/2022 to the draft general budget of the European Union for the financial year 2022, which the Commission presented on 12 October 2021 (COM(2021)0642),

having regard to its resolution of 21 October 2021 on the Council position on the draft general budget of the European Union for the financial year 2022 (1) and to the budget amendments contained therein,

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

having regard to Article 106a of the Treaty establishing the European Atomic Energy Community,

having regard to Council Decision (EU, Euratom) 2020/2053 EU of 14 December 2020 on the system of own resources of the European Union and repealing Decision 2014/335/EU, Euratom (2),

having regard to Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014 and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (3),

having regard to Council Regulation (EU, Euratom) 2020/2093 of 17 December 2020 laying down the multiannual financial framework for the years 2021-2027 (4),

having regard to the Interinstitutional Agreement of 16 December 2020 between the European Parliament, the Council of the European Union and the European Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources (5),

having regard to Rule 95 and Rule 96 of its Rules of Procedure,

having regard to the report of its delegation to the Conciliation Committee (A9-0326/2021),

1.

Approves the joint text;

2.

Confirms the joint statements annexed to this resolution;

3.

Takes note of the Commission statements annexed to this resolution;

4.

Instructs its President to declare that the general budget of the European Union for the financial year 2022 has been definitively adopted and to arrange for its publication in the Official Journal of the European Union;

5.

Instructs its President to forward this legislative resolution to the Council, the Commission, the other institutions and bodies concerned and the national parliaments.

(1)  Texts adopted, P9_TA(2021)0432.

(2)  OJ L 424, 15.12.2020, p. 1.

(3)  OJ L 193, 30.7.2018, p. 1.

(4)  OJ L 433 I, 22.12.2020, p. 11.

(5)  OJ L 433 I, 22.12.2020, p. 28.


ANNEX

FINAL

Budget 2022 — Elements for joint conclusions

These joint conclusions cover the following sections:

1.

Budget 2022

2.

Budget 2021 — Draft Amending Budgets No. 5/2021 and No 6/2021

3.

Statements

Summary overview

A.   Budget 2022

According to the elements for joint conclusions:

The overall level of commitment appropriations in the 2022 budget is set at EUR 169 515,8 million. Overall, this leaves a margin below the MFF ceilings for 2022 of EUR 1 167,8 million in commitment appropriations.

The overall level of payment appropriations in the 2022 budget is set at EUR 170 603,3 million. Overall, this leaves a margin below the MFF ceilings for 2022 of EUR 1 695,8 million in payment appropriations.

The Flexibility Instrument for 2022 is mobilised in commitment appropriations for an amount of EUR 368,4 million for heading 6 Neighbourhood and the World.

The 2022 payment appropriations related to the mobilisation of the Flexibility Instrument in 2019, 2020, 2021 and 2022 are estimated by the Commission at EUR 467,2 million. The estimated payment schedule of the related outstanding amounts for these years is detailed in the following table:

Flexibility Instrument — payment profile (in EUR million)

Mobilisation year

2022

2023

2024

2025

Total

2019

140,9

82,2

0,0

0,0

223,2

2020

66,2

39,9

0,0

0,0

106,1

2021

40,9

10,3

7,6

0,0

58,9

2022

219,2

62,7

49,8

36,7

368,4

Total

467,2

195,2

57,4

36,7

756,6

B.   Budget 2021

Draft Amending Budget No. 5/2021 is approved as proposed by the Commission.

Draft Amending Budget No. 6/2021 is approved as proposed by the Commission.

1.   Budget 2022

1.1.   ‘Closed’ lines

Unless stated otherwise below in these conclusions, all budget lines are confirmed as proposed by the Commission in the draft budget for 2022 as amended in Amending Letter No. 1/2022.

Additionally, all budget lines amended by the Council and agreed by the Parliament in its reading are confirmed as amended by the Council.

For the other budget lines, the Conciliation Committee has agreed on the conclusions included in sections 1.2 to 1.7 below.

1.2.   Horizontal issues

Decentralised agencies

The EU contribution (in commitment and payment appropriations and the number of posts) for all decentralised agencies are set at the level proposed by the Commission in the draft budget for 2022 as amended in Amending Letter No. 1/2022 with the exception of:

Under sub-heading 2b:

The European Union Agency for Criminal Justice Cooperation (Eurojust, budget article 07 10 07) for which 5 additional posts are allocated and the level of commitment and payment appropriations is increased by EUR 380 000 considering recruitment on average mid-year.

The European Public Prosecutor's Office (EPPO, budget article 07 10 08) for which the level of commitment and payment appropriations is increased by EUR 3 750 000 considering recruitment of the reinforcement proposed by the Commission in the draft budget for 2022 as amended in Amending Letter No. 1/2022 on average end first quarter instead of mid-year.

Under heading 4:

The European Asylum Support Office (EASO, budget article 10 10 01) for which 5 additional posts are allocated and the level of commitment and payment appropriations is increased by EUR 380 000 considering recruitment on average mid-year.

The European Border and Coast Guard Agency (Frontex, budget article 11 10 01) for which the level of commitment and payment appropriations is reduced by EUR 65 000 000.

Executive agencies

The EU contribution (in commitment and payment appropriations and the number of posts) for executive agencies are set at the level proposed by the Commission in the Draft Budget, as amended by Amending Letter 1/2022.

Pilot Projects/Preparatory Actions

A comprehensive package of 56 pilot projects/preparatory actions (PP/PA), for a total amount of EUR 89,5 million in commitment appropriations is agreed as proposed by the Parliament.

This includes the actions foreseen ‘towards the creation of a European Diplomatic Academy’ that will be implemented by the European External Action Service (EEAS).

This package respects the ceilings for pilot projects and preparatory actions set in the Financial Regulation.

1.3.   Expenditure headings of the financial framework — commitment appropriations

After taking into account the above conclusions on ‘closed’ budget lines, agencies and pilot projects and preparatory actions, the Conciliation Committee has agreed on the following:

Heading 1 — Single Market, Innovation and Digital

Commitment appropriations are set at the level proposed by the Commission in the Draft Budget, as amended by Amending Letter 1/2022 but with the adjustments, agreed by the Conciliation Committee, detailed in the following table.

Budget line / Programme

Name

Variation in commitment appropriations (in EUR)

DB 2022 (incl. AL1)

Budget 2022

Difference

1.0.11

Horizon Europe

12 179 157 276

12 239 157 276

60 000 000

01 02 02 10

Cluster ‘Health’

571 730 809

606 730 809

35 000 000

01 02 02 40

Cluster ‘Digital, Industry and Space’

1 264 161 905

1 272 161 905

8 000 000

01 02 02 50

Cluster ‘Climate, Energy and Mobility’

1 281 577 680

1 290 577 680

9 000 000

01 02 02 60

Cluster ‘Food, Bioeconomy, Natural Resources, Agriculture and Environment’

1 003 750 348

1 011 750 348

8 000 000

1.0.31

Single Market Programme

583 544 000

613 544 000

30 000 000

03 02 02

Improving the competitiveness of enterprises, particularly SMEs, and supporting their access to markets

121 450 000

151 450 000

30 000 000

PPPA

Pilot projects and preparatory actions

 

 

40 937 500

 

Total

 

 

130 937 500

From the increase of EUR 30,0 million in commitment appropriations for the Single Market Programme (Improving the competitiveness of enterprises, particularly SMEs, and supporting their access to markets, budget article 03 02 02), EUR 10,0 million is to be dedicated to providing various forms of support to the tourism sector.

As a consequence, the agreed level of commitment appropriations is set at EUR 21 775,1 million, leaving a margin of EUR 102,9 million under the expenditure ceiling of heading 1.

In accordance with Article 15.3 of the Financial Regulation (1), the Conciliation Committee agrees to make commitment appropriations available again on the research budget lines for a total of EUR 117,3 million in commitment appropriations, i.e. an increase of EUR 40,0 million as compared to the level proposed by the Commission in the Draft Budget, as amended by Amending Letter 1/2022. The following budget line is reinforced and its budget remarks revised accordingly:

 

 

(in EUR)

Budget line

Name

Commitment appropriations

01 02 02 10

Cluster ‘Health’

40 000 000

Total

 

40 000 000

These appropriations are part of the overall amount of up to EUR 0,5 billion (in 2018 prices) for the 2021-2027 period as agreed upon in the framework of the MFF agreement. This leaves up to EUR 372,8 million in 2018 prices available for the 2023-2027 period.

Sub-heading 2a — Economic, social and territorial Cohesion

Commitment appropriations are set at the level proposed by the Commission in the Draft Budget, as amended by Amending Letter 1/2022 but with the adjustments, agreed by the Conciliation Committee, detailed in the following table:

Budget line / Programme

Name

Variation in commitment appropriations (in EUR)

DB 2022 (incl. AL1)

Budget 2022

Difference

PPPA

Pilot projects and preparatory actions

 

 

2 681 000

 

Total

 

 

2 681 000

As a consequence, the agreed level of commitment appropriations is set at EUR 49 708,8 million, leaving a margin of EUR 30,2 million under the expenditure ceiling of Sub-heading 2a.

Sub-heading 2b — Resilience and Values

Commitment appropriations are set at the level proposed by the Commission in the Draft Budget, as amended by Amending Letter 1/2022 but with the adjustments, agreed by the Conciliation Committee, detailed in the following table.

In the light of the current interest rate environment and recent NGEU financing operations — the appropriations for budget line 06 04 01 can be reduced by EUR 244,7 million, while fully preserving the capacity to finance the non-repayable component of NGEU in 2022. As compared to the Draft Budget, a further EUR 20 million will be back-loaded to 2027, to offset a corresponding frontloading for EU4Health.

Budget line / Programme

Name

Variation in commitment appropriations (in EUR)

DB 2022 (incl. AL1)

Budget 2022

Difference

2.2.13

Support to the Turkish-Cypriot Community

33 276 000

34 276 000

1 000 000

05 04 01

Financial support for encouraging the economic development of the Turkish Cypriot community

31 402 525

32 402 525

1 000 000

2.2.23

Financing cost of the European Union Recovery Instrument (EURI)

389 706 000

145 000 000

- 244 706 000

06 04 01

European Union Recovery Instrument (EURI) — Payment of periodic coupon and redemption at maturity

384 706 000

140 000 000

- 244 706 000

2.2.24

Union Civil Protection Mechanism (RescEU)

95 254 030

101 254 030

6 000 000

06 05 01

Union Civil Protection Mechanism (rescEU)

95 254 030

101 254 030

6 000 000

2.2.25

EU4Health

788 672 701

839 672 701

51 000 000

06 06 01

EU4Health Programme

764 213 775

815 213 775

51 000 000

2.2.312

Employment and Social Innovation

104 482 000

106 482 000

2 000 000

07 02 04

ESF+ — Employment and Social Innovation strand

102 482 000

104 482 000

2 000 000

2.2.32

Erasmus+

3 366 740 438

3 401 740 438

35 000 000

07 03 01 01

Promoting learning mobility of individuals, as well as cooperation, inclusion, excellence, creativity and innovation at the level of organisations and policies in the field of education and training — Indirect management

2 331 521 972

2 361 274 626

29 752 654

07 03 02

Promoting non-formal learning mobility and active participation among young people, as well as cooperation, inclusion, creativity and innovation at the level of organisations and policies in the field of youth

346 973 114

351 400 945

4 427 831

07 03 03

Promoting learning mobility of sport coaches and staff, as well as cooperation, inclusion, creativity and innovation at the level of sport organisations and sport policies

64 216 157

65 035 672

819 515

2.2.33

European Solidarity Corps (ESC)

138 427 764

141 427 764

3 000 000

07 04 01

European Solidarity Corps

131 710 226

134 710 226

3 000 000

2.2.34

Creative Europe

401 027 982

406 527 982

5 500 000

07 05 01

Culture

125 597 589

131 097 589

5 500 000

2.2.352

Citizens, Equality, Rights and Values

209 402 193

214 902 193

5 500 000

07 06 02

Promote citizens engagement and participation in the democratic life of the Union

39 671 295

40 671 295

1 000 000

07 06 03

Daphne

29 581 401

33 581 401

4 000 000

07 06 04

Protection and promotion of Union values

91 787 552

92 287 552

500 000

2.2.3DAG

Decentralised Agencies

242 132 181

246 262 181

4 130 000

07 10 07

European Union Agency for Criminal Justice Cooperation (Eurojust)

45 423 578

45 803 578

380 000

07 10 08

European Public Prosecutor's Office (EPPO)

53 351 846

57 101 846

3 750 000

2.2.3SPEC

Prerogatives

180 389 773

182 889 773

2 500 000

07 20 04 06

Specific competences in the area of social policy, including social dialogue

23 020 900

25 520 900

2 500 000

PPPA

Pilot projects and preparatory actions

 

 

35 303 000

 

Total

 

 

-93 773 000

The increase of EUR 3,0 million in commitment appropriations for the European Solidarity Corps (European Solidarity Corps, budget article 07 04 01) and EUR 5,0 million from the increase of EUR 35 million in commitment appropriations for Erasmus+ — for a combined effect of EUR 8 million — are to be dedicated to preparing and carrying out activities in line with the European Year of Youth 2022.

As a consequence, the agreed level of commitment appropriations is set at EUR 6 330,2 million, leaving a margin of EUR 130,8 million under the expenditure ceiling of Sub-heading 2b.

Heading 3 — Natural Resources and Environment

Commitment appropriations are set at the level proposed by the Commission in the Draft Budget, as amended by Amending Letter 1/2022 but with the adjustments, agreed by the Conciliation Committee, detailed in the following table:

Budget line / Programme

Name

Variation in commitment appropriations (in EUR)

DB 2022 (incl. AL1)

Budget 2022

Difference

3.2.21

Programme for Environment and Climate Action (LIFE)

708 045 484

755 545 484

47 500 000

09 02 01

Nature and biodiversity

265 601 888

284 032 563

18 430 675

09 02 02

Circular economy and quality of life

169 866 127

181 653 495

11 787 368

09 02 03

Climate change mitigation and adaptation

120 050 994

128 381 585

8 330 591

09 02 04

Clean energy transition

128 996 883

137 948 249

8 951 366

PPPA

Pilot projects and preparatory actions

 

 

9 611 500

 

Total

 

 

57 111 500

As a consequence, the agreed level of commitment appropriations is set at EUR 56 235,4 million, leaving a margin of EUR 283,6 million under the expenditure ceiling of heading 3, of which EUR 270,1 million under the sub-margin for ‘Market related expenditure and direct payments’.

Heading 4 — Migration and Border Management

Commitment appropriations are set at the level proposed by the Commission in the Draft Budget, as amended by Amending Letter 1/2022 but with the adjustments, agreed by the Conciliation Committee, detailed in the following table:

Budget line / Programme

Name

Variation in commitment appropriations (in EUR)

DB 2022 (incl. AL1)

Budget 2022

Difference

4.0.11

Asylum, Migration and Integration Fund

1 099 455 000

1 119 455 000

20 000 000

10 02 01

Asylum, Migration and Integration Fund

1 096 455 000

1 116 455 000

20 000 000

4.0.1DAG

Decentralised Agencies

153 281 205

153 661 205

380 000

10 10 01

European Asylum Support Office (EASO)

153 281 205

153 661 205

380 000

4.0.211

Integrated Border Management Fund (IBMF) — Instrument for border management and visa (BMVI)

646 117 589

671 117 589

25 000 000

11 02 01

Instrument for financial support for border management and visa

644 117 589

669 117 589

25 000 000

4.0.2DAG

Decentralised Agencies

1 073 823 593

1 008 823 593

-65 000 000

11 10 01

European Border and Coast Guard Agency (Frontex)

757 793 708

692 793 708

-65 000 000

 

Total

 

 

-19 620 000

The increase of EUR 20 million in commitment appropriations for the Asylum, Migration and Integration Fund (Asylum, Migration and Integration Fund, budget article 10 02 01) is to be dedicated to the financing of resettlement of Afghan refugees.

The increase of EUR 25 million in commitment appropriations for the Integrated Border Management Fund (IBMF) — Instrument for border management and visa (BMVI) (Instrument for financial support for border management and visa, budget article 11 02 01) is to be dedicated to the management of the migrant crisis at the border of Belarus.

As a consequence, the agreed level of commitment appropriations is set at EUR 3 091,2 million, leaving a margin of EUR 99,8 million under the expenditure ceiling of heading 4.

Heading 5 — Security and Defence

Commitment appropriations are set at the level proposed by the Commission in the Draft Budget, as amended by Amending Letter 1/2022. As a consequence, the agreed level of commitment appropriations is set at EUR 1 785,3 million, leaving a margin of EUR 82,7 million under the expenditure ceiling of heading 5.

Heading 6 — Neighbourhood and the World

Commitment appropriations are set at the level proposed by the Commission in the Draft Budget, as amended by Amending Letter 1/2022 but with the adjustments, agreed by the Conciliation Committee, detailed in the following table:

Budget line / Programme

Name

Variation in commitment appropriations (in EUR)

DB 2022 (incl. AL1)

Budget 2022

Difference

6.0.111

Neighbourhood, Development and International Cooperation Instrument — Global Europe (NDICI — Global Europe)

12 526 647 047

12 716 647 047

190 000 000

14 02 01 10

Southern neighbourhood

1 604 861 026

1 629 861 026

25 000 000

14 02 01 11

Eastern neighbourhood

699 703 445

709 703 445

10 000 000

14 02 01 30

Middle East and Central Asia

384 765 942

414 765 942

30 000 000

14 02 02 40

People — Global Challenges

137 191 715

187 191 715

50 000 000

14 02 04

Emerging challenges and priorities cushion

1 463 311 470

1 538 311 470

75 000 000

6.0.12

Humanitarian Aid (HUMA)

1 595 059 463

1 806 059 463

211 000 000

14 03 01

Humanitarian aid

1 506 901 913

1 717 901 913

211 000 000

 

Total

 

 

401 000 000

For the Neighbourhood, Development and International Cooperation Instrument — Global Europe, the increases in commitment appropriations of EUR 75 million (Emerging challenges and priorities cushion, budget article 14 02 04) and EUR 50 million (People — Global Challenges, budget item 14 02 02 40) are to be dedicated to the measures to fight the pandemic, including vaccines.

As a consequence, the agreed level of commitment appropriations is set at EUR 17 170,4 million, with no margin left under the expenditure ceiling of heading 6 and the mobilisation of the Flexibility Instrument for an amount of EUR 368,4 million.

Heading 7 — European Public Administration

The number of posts in the establishment plans of the institutions and the appropriations proposed by the Commission in the Draft Budget, as amended by Amending Letter 1/2022 are agreed by the Conciliation Committee with the following exceptions:

The section of the European Parliament, for which its reading is approved;

The section of the Council, for which its reading is approved;

The section of the Court of Justice of the European Union for which 9 posts are added to the establishment plan and the level of commitment and payment appropriations increased by EUR 684 000 considering recruitment on average mid-year;

The section of the European Court of Auditors (ECA) for which 13 posts, linked to NGEU and until 2027, are added to the establishment plan and the level of commitment and payment appropriations increased by EUR 988 000 considering recruitment on average mid-year;

The section of the European External Action Service (EEAS) for which (i) staff resources are increased by 7 establishment plan posts and 3 Contract Agents and the level of commitment and payment appropriations increased by EUR 655 000 considering recruitment on average mid-year, (ii) the level of commitment and payment appropriations is increased by EUR 990 500 for implementing the actions foreseen ‘towards the creation of a European Diplomatic Academy’, as proposed by the European Parliament in its reading and (iii) the level of commitment and payment appropriations is increased by EUR 1,0 million for ‘Strategic Communication Capacity’, budget item 2 2 1 4;

The adjustments, resulting in an increase of EUR 0,8 million of heading 7, are detailed in the following tables:

Section 2 — European Council and Council

Budget line / Programme

Name

Variation in commitment appropriations (in EUR)

DB 2022 (incl. AL1)

Budget 2022

Difference

1 1 0 0

Basic salaries

265 982 044

265 970 746

-11 298

1 1 0 2

Entitlements under the Staff Regulations related to the personal circumstances of the staff member

66 765 000

66 778 000

13 000

1 1 0 3

Social security cover

10 946 000

10 947 000

1 000

2 0 1 0

Cleaning and maintenance

18 635 000

18 335 000

- 300 000

2 1 0 0

Acquisition of equipment and software

14 385 716

12 285 716

-2 100 000

2 1 0 1

External assistance for the operation and development of computer systems

27 839 685

27 509 685

- 330 000

2 2 0 4

Miscellaneous expenditure on internal meetings

5 235 000

4 635 000

- 600 000

2 2 1 3

Information and public events

5 358 250

5 158 250

- 200 000

 

Total

 

 

-3 527 298

Section 4 — Court of Justice of the European Union

Budget line / Programme

Name

Variation in commitment appropriations (in EUR)

DB 2022 (incl. AL1)

Budget 2022

Difference

1 2 0 0

Remunerations and allowances

287 078 950

287 762 950

684 000

 

Total

 

 

684 000

Section 5 — European Court of Auditors

Budget line / Programme

Name

Variation in commitment appropriations (in EUR)

DB 2022 (incl. AL1)

Budget 2022

Difference

1 2 0 0

Remuneration and allowances

118 344 775

119 332 775

988 000

 

Total

 

 

988 000

Section 10 — European External Action Service

Budget line / Programme

Name

Variation in commitment appropriations (in EUR)

DB 2022 (incl. AL1)

Budget 2022

Difference

1 1 0 0

Basic salaries

116 638 000

117 170 000

532 000

1 2 0 0

Contract staff

18 671 800

18 794 800

123 000

2 2 1 4

Strategic Communication Capacity

4 000 000

5 000 000

1 000 000

2 2 5 0

Pilot Project — Towards the creation of a European Diplomatic Academy

 

990 500

990 500

 

Total

 

 

2 645 500

As a consequence the agreed level of commitment appropriations is set at EUR 10 620,1 million, leaving a margin of EUR 437,9 million under the expenditure ceiling of heading 7, of which EUR 240,1 million under the sub-margin for ‘Administrative expenditure of the institutions’.

Thematic special instruments: EGF, SEAR and BAR

Commitment appropriations for the European Globalisation Adjustment Fund for Displaced Workers (EGF), the Solidarity and Emergency Aid Reserve (SEAR) and the Brexit Adjustment Reserve (BAR) are set at the level proposed by the Commission in the Draft Budget, as amended by Amending Letter 1/2022.

1.4.   Payment appropriations

The overall level of payment appropriations in the 2022 Budget is set at the level of the Draft Budget, as amended by Amending Letter 1/2022 with the following adjustments agreed by the Conciliation Committee:

1.

The agreed level of commitment appropriations for non-differentiated expenditure (headings 1 to 6), for which the level of payment appropriations is equal to the level of commitment appropriations, is taken into account. This applies to the reduction of the financing cost of the European Recovery Instrument (EURI) by -EUR 244,7 million. Considering also the adjustment to the Union contribution to decentralised agencies, the combined effect is a decrease of -EUR 305,2 million;

2.

The adjustment under heading 7 resulting in an increase of EUR 0,8 million;

3.

The payment appropriations for all new pilot projects and preparatory actions proposed by the Parliament are set at 25 % of the corresponding commitment appropriations, or at the level proposed by Parliament, if lower. In the case of extension of existing pilot projects and preparatory actions, the level of payment appropriations is the one defined in the Draft Budget as amended by the Amending letter 1/2022 plus 25 % of the corresponding new commitment appropriations, or at the level proposed by Parliament, if lower. The combined effect is an increase of EUR 22,1 million;

4.

The adjustments to differentiated expenditure budget lines for which the combined effect is an increase of EUR 262,0 million.

The adjustments, resulting in a decrease of EUR 20,3 million, are detailed in the following table:

Budget line / Programme

Name

Variation in payment appropriations (in EUR)

DB 2022 (incl. AL1)

Budget 2022

Difference

Heading 1

1.0.23

Digital Europe Programme

898 530 703

848 530 703

-50 000 000

02 04 01 11

European Cybersecurity Industrial, Technology and Research Competence Centre

33 192 982

17 192 982

-16 000 000

02 04 03

Artificial intelligence

245 811 860

214 811 860

-31 000 000

02 04 04

Skills

52 000 000

49 000 000

-3 000 000

PPPA

Pilot projects and preparatory actions

 

 

10 234 375

 

Total Heading 1

 

 

-39 765 625

Sub-heading 2a

PPPA

Pilot projects and preparatory actions

 

 

670 250

 

Total Sub-heading 2a

 

 

670 250

Sub-heading 2b

2.2.23

Financing cost of the European Union Recovery Instrument (EURI)

389 706 000

145 000 000

- 244 706 000

06 04 01

European Union Recovery Instrument (EURI) — Payment of periodic coupon and redemption at maturity

384 706 000

140 000 000

- 244 706 000

2.2.24

Union Civil Protection Mechanism (RescEU)

180 866 480

186 866 480

6 000 000

06 05 01

Union Civil Protection Mechanism (rescEU)

94 547 220

100 547 220

6 000 000

2.2.32

Erasmus+

3 273 756 286

3 300 756 286

27 000 000

07 03 01 01

Promoting learning mobility of individuals, as well as cooperation, inclusion, excellence, creativity and innovation at the level of organisations and policies in the field of education and training — Indirect management

2 220 525 000

2 243 477 048

22 952 048

07 03 02

Promoting non-formal learning mobility and active participation among young people, as well as cooperation, inclusion, creativity and innovation at the level of organisations and policies in the field of youth

310 000 000

313 415 755

3 415 755

07 03 03

Promoting learning mobility of sport coaches and staff, as well as cooperation, inclusion, creativity and innovation at the level of sport organisations and sport policies

55 000 000

55 632 197

632 197

2.2.3DAG

Decentralised Agencies

233 643 002

237 773 002

4 130 000

07 10 07

European Union Agency for Criminal Justice Cooperation (Eurojust)

45 226 899

45 606 899

380 000

07 10 08

European Public Prosecutor's Office (EPPO)

53 351 846

57 101 846

3 750 000

PPPA

Pilot projects and preparatory actions

 

 

8 825 750

 

Total Sub-heading 2b

 

 

- 198 750 250

Heading 3

PPPA

Pilot projects and preparatory actions

 

 

2 402 875

 

Total Heading 3

 

 

2 402 875

Heading 4

4.0.11

Asylum, Migration and Integration Fund

1 276 766 000

1 291 766 000

15 000 000

10 02 01

Asylum, Migration and Integration Fund

661 766 000

676 766 000

15 000 000

4.0.1DAG

Decentralised Agencies

153 281 205

153 661 205

380 000

10 10 01

European Asylum Support Office (EASO)

153 281 205

153 661 205

380 000

4.0.211

Integrated Border Management Fund (IBMF) — Instrument for border management and visa (BMVI)

490 891 340

510 891 340

20 000 000

11 02 01

Instrument for financial support for border management and visa

191 891 340

211 891 340

20 000 000

4.0.2DAG

Decentralised Agencies

1 050 691 460

985 691 460

-65 000 000

11 10 01

European Border and Coast Guard Agency (Frontex)

757 793 708

692 793 708

-65 000 000

 

Total Heading 4

 

 

-29 620 000

Heading 5

Heading 6

6.0.111

Neighbourhood, Development and International Cooperation Instrument — Global Europe (NDICI — Global Europe)

7 858 721 595

7 891 721 595

33 000 000

14 02 04

Emerging challenges and priorities cushion

1 000 000 000

1 033 000 000

33 000 000

6.0.12

Humanitarian Aid (HUMA)

1 880 645 990

2 091 645 990

211 000 000

14 03 01

Humanitarian aid

1 797 851 440

2 008 851 440

211 000 000

 

Total Heading 6

 

 

244 000 000

Heading 7

7.2.2

European Council and Council

615 000 854

611 473 556

-3 527 298

7.2.4

Court of Justice of the European Union

464 090 000

464 774 000

684 000

7.2.5

European Court of Auditors

161 153 175

162 141 175

988 000

7.2.X

European External Action Service

775 069 920

777 715 420

2 645 500

 

Total Heading 7

 

 

790 202

TOTAL

 

 

-20 272 548

Overall this results in a level of payment appropriations of EUR 170 603,3 million, a decrease of EUR 20,3 million in comparison with the Draft Budget, as amended by Amending Letter 1/2022.

1.5.   Reserves

There are no reserves in addition to those of the Draft Budget, as amended by Amending Letter 1/2022.

1.6.   Budget remarks

The text of budget remarks corresponds to the Draft Budget, as amended by Amending Letter 1/2022 with the following adjustments agreed by the Conciliation Committee:

Budget lines for which amendments have been introduced by the European Parliament to its own section are approved without modifications.

Budget lines for which the amendments introduced by the European Parliament are approved without modifications:

Article 07 10 01 — European Foundation for the improvement of living and working conditions (Eurofound)

Amend text as follows:

The European Foundation for the improvement of living and working conditions (Eurofound) delivers and disseminates important knowledge on work-related and social matters to contribute to sound and evidence-based policies in those fields. Its core activity relates to research in the areas of employment, working conditions, industrial relations and quality of life. The activities of Eurofound contribute to the following priorities: increasing labour market participation and combating unemployment by creating jobs, improving labour market functioning and promoting integration and gender equality; integration; improving working conditions and making work sustainable throughout the life course, developing industrial relations to ensure equitable and productive solutions in a changing policy context, improving standards of living and promoting social cohesion in the face of economic disparities and social inequalities such as the gender employment gap and gender pay gap. inequalities.

Budget lines for which the respective budget remark as proposed in the Draft Budget as amended by the Amending Letter, are approved with the following modifications:

Item 01 02 02 53 — Cluster Climate, Energy and Mobility — Europe's Rail joint undertaking

Amend the paragraph as follows:

The Europe’s Rail Joint Undertaking shall contribute to the implementation of Horizon Europe, in particular cluster Climate, Energy and Mobility. It will speed up the development and deployment of innovative technologies (especially digital and automation) to achieve a more attractive, user friendly, competitive, affordable, easy to maintain, efficient European rail system and deliver on European Green Deal objectives, for example, shift a substantial part of the 75 % of inland freight carried by road towards transport by rail and inland waterways.

Item 07 20 04 06 — Specific competences in the area of social policy, including social dialogue

Amend the paragraph as follows:

actions on preliminary consultation meetings between European trade union representatives, notably to cover costs with a view to help them form their opinions and harmonise their positions regarding the development of Union policies, in particular following the COVID-19 crisis.

Item 1 3 0 1, Section 10 European External Action Service — Training

Add following text:

The budget for trainings should clearly demonstrate and support the importance of fostering gender equality, sensitivity and fighting gender bias, including anti-harassment policy, across our own institutions (including EEAS HQ, EU Delegations, and CSDP missions and operations) also in selection procedures. This should include mandatory trainings and initiatives, with special attention to middle and upper management responsibility in these areas, in line with the provisions in the Gender Action Plan III and the related Staff Working Document.

In accordance with Article 15.3 of the Financial Regulation, the Conciliation Committee agrees to make commitment appropriations available again on the budget line 01 02 02 10. Budget remarks will be adjusted accordingly:

Budget line

Name

01 02 02 10

Add following text:

In accordance with Article 15.3 of the Financial Regulation, an amount of EUR 40 000 000 in commitment appropriations is available for this budget item further to decommitments made in 2020 as a result of total or partial non-implementation of research projects.

This is with the understanding that amendments introduced by the European Parliament or the Council cannot modify or extend the scope of an existing legal base, or impinge on the administrative autonomy of the institutions, and that the action can be covered by available resources.

1.7.   Budget nomenclature

The budget nomenclature proposed by the Commission in the Draft Budget, as amended by Amending Letter 1/2022, is agreed, with the inclusion of the new pilot projects and preparatory actions except the new pilot project ‘Monitoring the SDGs in the EU regions — Filling the data gaps’ that will be implemented under MFF heading 1, budget article PP 01 22 06 instead of under MFF sub-heading 2b).

2.   Budget 2021

Draft Amending Budget (DAB) 5/2021 is approved as proposed by the Commission.

Draft Amending Budget (DAB) 6/2021 is approved as proposed by the Commission.

3.   Statements

3.1.   Joint statement by the European Parliament and the Council on payment appropriations

The European Parliament and the Council call on the Commission to continue closely and actively monitoring during the year 2022 the implementation of the programmes of the current and previous MFFs (particularly in sub-heading 2a and Rural Development). To that end, the European Parliament and the Council invite the Commission to present, in a timely manner, updated figures concerning the state of affairs and estimates regarding 2022 payment appropriations (taking into account the improved forecasts accuracy of the Member States where applicable). If the figures show that the appropriations entered in the 2022 budget are insufficient to cover the needs, the European Parliament and the Council invite the Commission to present as soon as possible an appropriate solution, inter alia a draft amending budget, with a view to allowing the European Parliament and the Council to take any necessary decisions as soon as possible without undue delay for justified needs. Where applicable, the European Parliament and the Council will take into account the urgency of the matter, shortening the eight-week period for a decision if deemed necessary. The same applies mutatis mutandis if the figures show that the appropriations entered in the 2022 budget are higher than needed.

3.2.   Joint statement by the European Parliament, the Council and the Commission on the financing cost of the European Union Recovery Instrument (EURI) in 2022

Thanks to the current favourable interest rate environment and taking into account the issuance cost of NGEU financing operations so far this year, the appropriations planned for the financing cost of the European Recovery instrument [budget line 06 04 01] can be reduced while fully preserving the capacity to finance the non-repayable component of NGEU in 2022.

Article 5(2) of the Own Resources decision lays down that ‘Repayments of the principal of the funds shall start before the end of the MFF 2021-2027 period, with a minimum amount, insofar as amounts not used for interest payments due under the borrowing referred to in paragraph 1 of this Article allow it, with due regard to the procedure set out in Article 314 TFEU’

In addition, recital 20 of the Own Resources Decision states ‘amounts not used for interest payments as foreseen will be used for early repayments before the end of the MFF 2021-2027, with a minimum amount, and can be increased above this level provided that new own resources have been introduced after 2021 in accordance with the procedure set out in the third paragraph of Article 311 TFEU’.

Since no repayments of the principal will be possible in 2022:

an amount of EUR 90 million, of which EUR 70 million already included in the Draft budget, will be backloaded to 2027 when it can be used either for interest payments or early repayments. This backloading is offset by a corresponding frontloading of the EU4Health programme.

Without prejudice to the prerogatives of the budgetary authority, the European Parliament and the Council agree to increase the amounts available on budget line 06 04 01 by EUR 224,7 million over the period 2024-2027, based on a proposal from the Commission and following the assessment of the needs and possibilities for early repayments, using available margins and by mobilising the Single margin instrument while respecting the financial programming for the programmes within Heading 2b.

This mechanism ensures that the total amount for the EURI line included in the original financial programming for 2022 will be used for interest payments or early repayments during the 2021-2027 MFF.

3.3.   Unilateral statement of the Commission on budgetary prudence with regard to the EURI interest line

The Commission recalls that the EURI interest line ([budget line 06 04 01]) serves the payment of the financing and liquidity costs of NGEU borrowing in so far as these are imputed to the EU Budget. Amounts not used for interest payments, are to be used for early repayments of the debt in accordance with Article 5(2) and Recital 20 of the Own Resources Decision.

The increase in inflation calls for reinforced budgetary prudence with regard to the management of the EURI interest line in view of the possibility that nominal interest rates will be higher than assumed in the programming of this line.

The Commission will, therefore, in discharging its responsibilities under Article 314 (TFEU), paragraphs 2, 5 and 8, propose budgetary measures that, if adopted, will ensure that the overall amount originally planned in the Multi-Annual Financial Framework 2021-2027 [EUR 14 976 million in current prices] for the EURI line is fully used for the payment of interest cost or early repayments.

The Commission will report each year within the framework of the presentation of the draft budget on the cumulative implementation of the EURI line, amounts backloaded on the EURI line and the amount reserved under the Single Margin Instrument for reaching this objective.

3.4.   Unilateral statement by the European Commission on tackling child poverty under the European Social Fund+

Tackling child poverty will become even more important especially in the context of the recovery from the COVID-19 crisis and sufficient resources need to be devoted to it. To this end, Regulation (EU) 2021/1057 on establishing the European Social Fund Plus (ESF+) requires Member States to allocate an appropriate amount of their ESF+ shared management resources for the implementation of the Child Guarantee through targeted actions and structural reforms to tackle child poverty. An explicit minimum allocation of 5 % is set for all Member States that had an average rate above the Union average of children of less than 18 years old at risk of poverty or social exclusion for the period between 2017 and 2019.

Negotiations on the 2021-27 programmes between the Commission and Member States are still on-going and the exact amounts to be programmed in support of the Child Guarantee in all Member States will be known once this process is complete.

In line with the Council Recommendation establishing a European Child Guarantee {SWD(2021) 62 final} and building on reports from the Member States Child Guarantee coordinators and the Social Protection Committee, the Commission will regularly report on the implementation of the Recommendation establishing the Child Guarantee. The Commission will also closely monitor the implementation of this Recommendation in the context of the European Semester. The Commission would like to stress that Member States can programme funding for implementing the Child Guarantee beyond the minimum requirements set in the ESF+ Regulation. They can also use other EU resources, such as the Recovery and Resilience Facility, as well as their own national funding.

3.5.   Joint statement by the European Parliament, the Council and the Commission on the intention to provide maximum resources for natural disasters under the EUSF strand of the SEAR in 2022

The three institutions acknowledge that the exceptional extent of the natural disasters that occurred in 2021 creates pressure on the availabilities under the European Union Solidarity fund (EUSF). The EUSF is financed exclusively from the Solidarity and Emergency Aid reserve (SEAR), without any possibility of recourse to other sources of financing.

The Conciliation Committee has agreed to reinforce humanitarian aid in Heading 6 by EUR 211 million in the 2022 budget. It is therefore possible to limit recourse to the SEAR envelope for external emergencies during the period between 1 January and 31 August 2022, thus freeing additional resources for the EUSF on 1 September 2022 equivalent to the amount of the reinforcement of humanitarian aid under Heading 6. This will allow showing maximum solidarity with Member States concerned by the natural disasters while increasing the EU budget’s capacity to swiftly respond to external emergencies.

3.6.   Joint statement by the European Parliament and the Council on the reinforcement of the establishment plan of the Court of Auditors

EP and Council acknowledge that NGEU will lead to an additional workload for the Court of Auditors which cannot be offset fully by redeployment within the existing budget. They therefore agree to an increase of the establishment plan of the Court with 20 posts in 2022.

EP and Council underline the importance they attach to work of the Court of Auditors, in particular regarding financial and compliance audits the Court performs in order to fulfil its primary task to examine whether all revenue has been received and all expenditure has been incurred in a lawful and regular manner, which are inextricably linked to performance audits to examine the economy, efficiency and effectiveness in the management of the EU Budget, as two sides of the same coin. The soundness of the financial management of its budget is a cornerstone for the legitimacy of the Union.

In this context the EP and the Council consider it essential that the Court allocates sufficient resources for the implementation of these core activities.

In general, the EP and Council also acknowledge the importance of the recommendations the Court delivers on the basis of article 287(4) second sub-paragraph of the TFEU, while noting that Court of Justice has clarified that this provision ‘is intended to contribute to improving the financial management of the Union by providing for reports to be transmitted to the institutions and for the latter to respond to them’.

EP and Council invite the Court to include in the working documents for future budgetary exercises an overview of the allocation of staff in the previous year to activities for financial, compliance and performance audits, for the work based on article 287(4) of the TFEU and support services.

3.7.   Joint statement by the European Parliament, the Council and the Commission on reviewing the evolution of the pandemic in 2022

The three institutions commit to reviewing the evolution of the pandemic response by the end of June 2022, notably with regard to international vaccinations and will on this basis consider any necessary action as proposed by the Commission.

3.8.   Unilateral statement by the Commission on migration

Given the continuing needs foreseen in the coming years, the Commission confirms its plan to ensure that the average annual funding for migration for the Southern Neighbourhood from the NDICI-GE Neighbourhood, allocation and, if needed, from other instruments, remains at least at the level envisaged for 2022.

3.9.   Unilateral statement by the Commission on Heading 7

The Commission recalls that the financial programming of Heading 7 is based on the assumption that the Institutions’ staffing levels remain stable. It observes that the Budget 2022 is not consistent with this assumption and underlines that, against the background of the rising inflation, future staffing increases could lead to pressures on Heading 7 in the 2021-2027 Multi-Annual Financial Framework.


(1)  Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union (OJ L 193, 30.7.2018, p. 1).


8.6.2022   

EN

Official Journal of the European Union

C 224/151


P9_TA(2021)0466

Draft amending budget No 5/2021: Humanitarian support to refugees in Turkey

European Parliament resolution of 24 November 2021 on the Council position on Draft amending budget No 5/2021 of the European Union for the financial year 2021 — Humanitarian support to refugees in Turkey (12444/2021 — C9-0380/2021 — 2021/0226(BUD))

(2022/C 224/21)

The European Parliament,

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

having regard to Article 106a of the Treaty establishing the European Atomic Energy Community,

having regard to Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (1), and in particular Article 44 thereof,

having regard to the general budget of the European Union for the financial year 2021, as definitively adopted on 18 December 2020 (2),

having regard to Council Regulation (EU, Euratom) 2020/2093 of 17 December 2020 laying down the multiannual financial framework for the years 2021 to 2027 (3),

having regard to the Interinstitutional Agreement of 16 December 2020 between the European Parliament, the Council of the European Union and the European Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources (4),

having regard to Council Decision (EU, Euratom) 2020/2053 of 14 December 2020 on the system of own resources of the European Union and repealing Decision 2014/335/EU, Euratom (5),

having regard to Draft amending budget No 5/2021, which the Commission adopted on 9 July 2021 (COM(2021)0460),

having regard to the position on Draft amending budget No 5/2021 which the Council adopted on 5 October 2021 and forwarded to Parliament on 14 October 2021 (12444/2021 — C9-0380/2021),

having regard to Rules 94 and 96 of its Rules of Procedure,

having regard to the report of the Committee on Budgets (A9-0327/2021),

A.

whereas the purpose of Draft amending budget No 5/2021 is to provide continued support to the most vulnerable of the refugees in Turkey as a consequence of the Syria crisis, representing the first component of the Commission’s proposals for the continuation of financing for Syrian refugees and host communities in Turkey, Jordan, Lebanon and other parts of the region;

B.

whereas the Commission estimates that EUR 325 million are needed to extend the coverage of the Emergency Social Safety Net (ESSN) flagship programme, which provides monthly cash transfers to over 1,8 million refugees, from March 2022 until the beginning of 2023, when the programme is due to be transitioned to development assistance; whereas the Commission proposed to cover this amount by using the remaining margin under the Heading 6 in 2021, and the balance to be funded from the Humanitarian Aid envelope in 2021 and 2022;

C.

whereas, therefore, the Draft amending budget No 5/2021 aims at mobilising EUR 149,6 million in commitment appropriations while no additional payment appropriations are requested in 2021;

1.

Takes note of Draft amending budget No 5/2021 as submitted by the Commission;

2.

Points to the fact that the ceiling of Heading 6 appears to be too low to respond to major crises in the Union’s neighbourhood and the world from the very first year of the 2021-2027 MFF; is concerned that the continued support to refugees in Turkey was not factored in the negotiations of the current MFF nor the NDICI-Global Europe instrument; underlines that under current circumstances the Union budget cannot be the sole source of funding for the continued support to refugees;

3.

Believes that a comprehensive agreement, covering the Union funding for the continued support to refugees in Turkey and the wider region in 2021 and following years should be found in the context of the conciliation on the general budget of the Union for the financial year 2022;

4.

Approves the Council position on Draft amending budget No 5/2021;

5.

Instructs its President to declare that Amending budget No 5/2021 has been definitively adopted and arrange for its publication in the Official Journal of the European Union;

6.

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

(1)  OJ L 193, 30.7.2018, p. 1.

(2)  OJ L 93, 17.3.2021.

(3)  OJ L 433 I, 22.12.2020, p. 11.

(4)  OJ L 433 I, 22.12.2020, p. 28.

(5)  OJ L 424, 15.12.2020, p. 1.


8.6.2022   

EN

Official Journal of the European Union

C 224/153


P9_TA(2021)0467

Draft amending budget No 6/2021: Additional vaccines doses to low and lower-middle income countries, UCPM reinforcement and other adjustments to expenditure and revenue

European Parliament resolution of 24 November 2021 on the Council position on Draft amending budget No 6/2021 of the European Union for the financial year 2021 — Additional vaccines doses to low and lower-middle income countries, UCPM reinforcement and other adjustments to expenditure and revenue (14038/2021 — C9-0425/2021 — 2021/0326(BUD))

(2022/C 224/22)

The European Parliament,

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

having regard to Article 106a of the Treaty establishing the European Atomic Energy Community,

having regard to Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (1), and in particular Article 44 thereof,

having regard to the general budget of the European Union for the financial year 2021, as definitively adopted on 18 December 2020 (2),

having regard to Council Regulation (EU, Euratom) 2020/2093 of 17 December 2020 laying down the multiannual financial framework for the years 2021-2027 (3),

having regard to the Interinstitutional Agreement of 16 December 2020 between the European Parliament, the Council of the European Union and the European Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources (4),

having regard to Council Decision (EU, Euratom) 2020/2053 of 14 December 2020 on the system of own resources of the European Union and repealing Decision 2014/335/EU, Euratom (5),

having regard to Draft amending budget No 6/2021, which the Commission adopted on 8 October 2021 (COM(2021)0955),

having regard to the statement by the Conciliation Committee on a common understanding on the content of the general budget for the financial year 2022, which includes also the adoption of Draft amending budget No 6/2021,

having regard to the position on Draft amending budget No 6/2021 which the Council adopted on 23 November 2021 and forwarded to Parliament on the same day (14038/2021 — C9-0425/2021),

having regard to Rules 94 and 96 of its Rules of Procedure,

having regard to the report of the Committee on Budgets (A9-0329/2021),

A.

whereas the purpose of Draft amending budget No 6/2021 is to provide additional appropriations to speed up global vaccinations, cover activations under the Union Civil Protection Mechanism and expenditure arising from external fisheries agreements, as well as some adjustments to expenditure and revenue,

B.

whereas Draft amending budget No 6/2021 covers in particular the following elements:

reinforcement of the Neighbourhood Development and International Cooperation Instrument — Global Europe for an amount of EUR 450 million in commitment and in payment appropriations in the context of the COVID-19 global health response to donate 200 million Covid-19 vaccine doses to low and lower-middle income countries by the middle of next year;

reinforcement of the Union Civil Protection Mechanism (UCPM/rescEU) for an amount of EUR 57,8 million in commitment appropriations to provide additional funding to cover new emergencies including repatriation flights from Afghanistan, the response in Haiti following the recent earthquake and outstanding operations including forest fires whose costs exceed the existing availabilities until the end of the year;

increase of the level of commitment appropriations on the Sustainable Fisheries Partnership Agreements (SFPA) budget line for an amount of EUR 3,5 million considering the updated budget needs following the conclusion of the negotiations on the new protocols with Cook Islands and Mauritania;

adjustment of the budgetary nomenclature following specific Member States requests to transfer resources pursuant to Article 26 of Regulation (EU) 2021/1060 (Common Provisions Regulation) (6);

update of the revenue side of the budget to take account of the revised estimates of own resource based on non-recycled plastic packaging waste;

C.

whereas the net impact of Draft amending budget No 6/2021 on expenditure amounts to an increase of EUR 473,5 million in commitment appropriations; whereas no additional payment appropriations are requested by the Commission;

1.

Takes note of Draft amending budget No 6/2021 as submitted by the Commission;

2.

Welcomes the proposal to ensure that the supplementary 200 million Covid-19 vaccine doses pledged by the President of the Commission in her State of the Union speech are funded and delivered as a matter of urgency to low and lower-middle income countries; notes that the speeding up of the global vaccination campaign has been a strong request of Parliament, not least in its reading on the Union budget for the financial year 2022;

3.

Approves the Council position on Draft amending budget No 6/2021;

4.

Instructs its President to declare that Amending budget No 6/2021 has been definitively adopted and arrange for its publication in the Official Journal of the European Union;

5.

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

(1)  OJ L 193, 30.7.2018, p. 1.

(2)  OJ L 93, 17.3.2021, p. 1.

(3)  OJ L 433 I, 22.12.2020, p. 11.

(4)  OJ L 433 I, 22.12.2020, p. 28.

(5)  OJ L 424, 15.12.2020, p. 1.

(6)  Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (OJ L 231, 30.6.2021, p. 159).


Thursday 25 November 2021

8.6.2022   

EN

Official Journal of the European Union

C 224/155


P9_TA(2021)0471

Mobilisation of the European Globalisation Adjustment Fund: application EGF/2021/001 ES/País Vasco metal — Spain

European Parliament resolution of 25 November 2021 on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the European Globalisation Adjustment Fund for Displaced Workers following an application from Spain — EGF/2021/001 ES/País Vasco metal (COM(2021)0618 — C9-0377/2021 — 2021/0316(BUD))

(2022/C 224/23)

The European Parliament,

having regard to the Commission proposal to the European Parliament and the Council (COM(2021)0618 — C9-0377/2021),

having regard to Regulation (EU) 2021/691 of the European Parliament and of the Council of 28 April 2021 on the European Globalisation Adjustment Fund for Displaced Workers (EGF) and repealing Regulation (EU) No 1309/2013 (1) (‘EGF Regulation’),

having regard to Council Regulation (EU, Euratom) 2020/2093 of 17 December 2020 laying down the multiannual financial framework for the years 2021-2027 (2), and in particular Article 8 thereof,

having regard to the Interinstitutional Agreement of 16 December 2020 between the European Parliament, the Council of the European Union and the European Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management as well as on new own resources, including a roadmap towards the introduction of new own resources (3), and in particular point 9 thereof,

having regard to the opinion of the Committee on Employment and Social Affairs,

having regard to the letter from the Committee on Regional Development,

having regard to the report of the Committee on Budgets (A9-0319/2021),

A.

whereas the Union has set up legislative and budgetary instruments to provide additional support to workers who are suffering from the consequences of globalisation and of technological and environmental changes, such as changes in world trade patterns, trade disputes, significant changes in the trade relations of the Union or the composition of the internal market and financial or economic crises, as well as the transition to a low-carbon economy, or as a consequence of digitisation or automation;

B.

whereas Spain submitted application EGF/2021/001 ES/País Vasco metal for a financial contribution from the European Globalisation Adjustment Fund (EGF), following the displacement of 491 workers in the NUTS 2 region of País Vasco (ES21) in Spain, within a reference period for the application from 2 June 2020 to 2 December 2020;

C.

whereas the application relates to a total of 491 displaced workers whose activity has ceased, out of which 192 occurred in the course of collective redundancies that were notified to the authorities in six companies (4);

D.

whereas the application is based on the intervention criteria of Article 4(2), point (b), of the EGF Regulation, which requires the cessation of activity of at least 200 displaced workers over a reference period of six 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;

E.

whereas the COVID-19 pandemic, the strict lockdown measures implemented in Q2 2020 in Spain and the subsequent shortages of supplies and raw materials have adversely affected the metal sector in the country;

F.

whereas in the Basque region, the fabricated metal products sector represents 27,4 % of the gross value added of the industry (5), while the EU-28 average is 18,8 % (6);

G.

whereas in 2020 (year on year variation), production in Spain fell by more than 50 % in 18 % of the metal enterprises, turnover fell by more than 50 % in 16 % of the businesses and a third of metal enterprises experienced a decrease between 30 % and 50 % of both production and turnover (7);

H.

whereas, in light of the COVID-19 pandemic and its social and economic consequences, the Commission reinforced and underlined the role of the EGF as an emergency tool (8) and allowed for cases directly linked to the pandemic to be financed from the EGF;

I.

whereas Spain reports on its compliance with the recommendations set out in the EU Quality Framework for anticipation of change and restructuring (9) and highlights the key concepts of the Basque Vocational Training Plan, Basque Employment Strategy and the Green jobs programme;

1.

Agrees with the Commission that the conditions set out in Article 4(2), point (b), of the EGF Regulation are met and that Spain is entitled to a financial contribution of EUR 1 214 607 under that Regulation, which represents 85 % of the total cost of EUR 1 428 950, comprising expenditure for personalised services of EUR 1 384 950 and expenditure for implementing the EGF (10) of EUR 44 000;

2.

Notes that the Spanish authorities submitted the application on 25 June 2021, and that the Commission finalised its assessment on 7 October 2021 and notified it to Parliament on the same day;

3.

Notes that the application relates in total to 491 displaced workers whose activity has ceased, out of which 192 occurred in the course of collective redundancies notified to the authorities in six companies (11); further notes that Spain expects that 300 out of the total eligible beneficiaries will participate in the measures (targeted beneficiaries);

4.

Recalls that the social impacts of the redundancies are expected to be important for workers, as well as the entire Basque region, where the number of unemployed persons increased by 25 % between March and August 2020 (12), and where long-term unemployment represented 55,6 % of total unemployment in May 2021 (3,6 percentage points higher than in January 2021) and unemployed persons with basic education or less represented 60,8 %; recalls also that the wage gap between men and women is 22,6 % and the temporary employment rate is 25,8 % in the Basque region, 11.6 percentage points above the Union average, which is 14,2 %;

5.

Points out that most of the displaced workers are in the second half of their professional career and have a low level of formal qualification;

6.

Notes that Spain started providing personalised services to the targeted beneficiaries on 11 June 2021 and that the period of eligibility for a financial contribution from the EGF will therefore be from 11 June 2021 until 24 months after the date of the entry into force of the Financing Decision;

7.

Recalls that personalised services provided to the displaced workers and self-employed persons following the decision consist of the following actions: profiling sessions, occupational guidance, job-search assistance, support and/or contribution to business creation, re-skilling, up-skilling and on-the-job training, as well as participation allowances; the measures were planned to be in line with the Spanish circular economy strategy and the training contributes to boost the process of digital transformation in the industry;

8.

Notes that Spain started incurring administrative expenditure to implement the EGF on 1 February 2021 and that expenditure on preparatory, management, information and publicity, control and reporting activities will therefore be eligible for a financial contribution from the EGF from 1 February 2021 until 31 months after the date of the entry into force of the Financing Decision;

9.

Welcomes that the co-ordinated package of personalised services was drawn up by Spain in consultation with the social partners (13); the involvement of social partners was ensured by their representation in Lanbide's governance board, which is made up of representatives of the regional government, trade unions and employer organisations;

10.

Welcomes that the coordinated package of personalised services will contribute to the dissemination of horizontal skills required in the digital industrial age as well as in a resource-efficient economy, in line with Article 7(2) of the EGF Regulation;

11.

Recalls that the proposed actions constitute active labour market measures within the eligible actions set out in Article 7 of the EGF Regulation and do not substitute passive social protection measures;

12.

Stresses that the Spanish authorities have confirmed that the eligible actions do not receive assistance from other Union funds or financial instruments;

13.

Takes note of the notification of Spain that the financial contribution will be managed and controlled by the same bodies that manage and control the European Social Fund Plus;

14.

Reiterates that assistance from the EGF must not replace actions which are the responsibility of companies, by virtue of national law or collective agreements, or any allowances or rights of the recipients of the EGF allocation to ensure full additionality of the allocation;

15.

Approves the decision annexed to this resolution;

16.

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;

17.

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

(1)  OJ L 153, 3.5.2021, p. 48.

(2)  OJ L 433 I, 22.12.2020, p. 11.

(3)  OJ L 433 I, 22.12.2020, p. 28.

(4)  Auxiliar Troquelería SL, Calderería del Oria, Matricería Deusto, Mecanizados de la Industria Vasca SLU, Taller Mecanizado Pablo López Lacalle SL, Tratamientos Superficiales Iontech SA.

(5)  https://es.statista.com/estadisticas/1220166/porcentaje-del-vab-total-en-espana-por-sector/

(6)  https://www.eustat.eus/elementos/El-32-del-VAB-industrial-esta-generado-por-sectores-de-nivel-tecnologico-alto-o-medio-alto-en-2019/not0018911_c.html

(7)  Report on the economic impact of COVID-19 on the metal sector. October 2020- https://atra.gal/files/noticias/Archivos_3680.pdf

(8)  COM(2020)0442.

(9)  COM(2013)0882.

(10)  In accordance with Article 7(5) of the EGF Regulation.

(11)  Auxiliar Troquelería SL, Calderería del Oria, Matricería Deusto, Mecanizados de la Industria Vasca SLU, Taller Mecanizado Pablo López Lacalle SL, Tratamientos Superficiales Iontech SA.

(12)  Avance de los datos del mercado laboral del año 2020 (labor market data for 2020).

(13)  The application was approved by Lanbide, the Basque public employment service (social partners are part of the governance board), on 2 July 2021. Meetings were also held on 19 January and 2 February 2021 with Federación Vizcaína de Empresas del Metal, (federation of metal enterprises of Biscay), Asociación de Empresas de Guipúzcoa — ADEGI (Business association of Gupúzcoa) and SEA-Empresas Alavesas (business associations of Alava).


ANNEX

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the mobilisation of the European Globalisation Adjustment Fund for Displaced Workers following an application from Spain — EGF/2021/001 ES/País Vasco metal

(The text of this annex is not reproduced here since it corresponds to the final act, Decision (EU) 2021/2159.)


8.6.2022   

EN

Official Journal of the European Union

C 224/159


P9_TA(2021)0475

Hague Convention (1980) on the Civil Aspects of International Child Abduction: accession of Philippines *

European Parliament legislative resolution of 25 November 2021 on the proposal for a Council decision authorising the Member States of the European Union to accept, in the interest of the European Union, the accession of Philippines to the 1980 Hague Convention on the Civil Aspects of International Child Abduction (COM(2021)0359 — C9-0361/2021 — 2021/0178(NLE))

(Consultation)

(2022/C 224/24)

The European Parliament,

having regard to the proposal for a Council decision (COM(2021)0359),

having regard to Article 38, fourth paragraph, of the 1980 Hague Convention on the Civil Aspects of International Child Abduction,

having regard to Article 81(3) and Article 218(6), second subparagraph, point (b), of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C9-0361/2021),

having regard to the opinion of the Court of Justice (1) on the exclusive external competence of the European Union for a declaration of acceptance of an accession to the 1980 Hague Convention on the Civil Aspects of International Child Abduction,

having regard to Rule 82 and Rule 114(8) of its Rules of Procedure,

having regard to the report of the Committee on Legal Affairs (A9-0300/2021),

1.

Approves the authorisation for the Member States of the European Union to accept, in the interest of the European Union, the accession of Philippines to the 1980 Hague Convention on the Civil Aspects of International Child Abduction;

2.

Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States, as well as to the Permanent Bureau of the Hague Conference on Private International Law.

(1)  Opinion of the Court of Justice of 14 October 2014, 1/13, ECLI:EU:C:2014:2303.


8.6.2022   

EN

Official Journal of the European Union

C 224/160


P9_TA(2021)0476

Hague Convention (1980) on the Civil Aspects of International Child Abduction: accession of Jamaica *

European Parliament legislative resolution of 25 November 2021 on the proposal for a Council decision authorising the Member States to accept, in the interest of the European Union, the accession of Jamaica to the 1980 Hague Convention on the Civil Aspects of International Child Abduction (COM(2021)0363 — C9-0334/2021 — 2021/0179(NLE))

(Consultation)

(2022/C 224/25)

The European Parliament,

having regard to the proposal for a Council decision (COM(2021)0363),

having regard to Article 38, fourth paragraph, of the 1980 Hague Convention on the Civil Aspects of International Child Abduction,

having regard to Article 81(3) and Article 218(6), second subparagraph, point (b), of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C9-0334/2021),

having regard to the opinion of the Court of Justice (1) on the exclusive external competence of the European Union for a declaration of acceptance of an accession to the 1980 Hague Convention on the Civil Aspects of International Child Abduction,

having regard to Rule 82 and Rule 114(8) of its Rules of Procedure,

having regard to the report of the Committee on Legal Affairs (A9-0299/2021),

1.

Approves the authorisation for the Member States of the European Union to accept, in the interest of the European Union, the accession of Jamaica to the 1980 Hague Convention on the Civil Aspects of International Child Abduction;

2.

Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States, as well as to the Permanent Bureau of the Hague Conference on Private International Law.

(1)  Opinion of the Court of Justice of 14 October 2014, 1/13, ECLI:EU:C:2014:2303.


8.6.2022   

EN

Official Journal of the European Union

C 224/161


P9_TA(2021)0477

Hague Convention (1980) on the Civil Aspects of International Child Abduction: accession of Bolivia *

European Parliament legislative resolution of 25 November 2021 on the proposal for a Council decision authorising the Member States of the European Union to accept, in the interest of the European Union, the accession of Bolivia to the 1980 Hague Convention on the Civil Aspects of International Child Abduction (COM(2021)0369 — C9-0336/2021 — 2021/0183(NLE))

(Consultation)

(2022/C 224/26)

The European Parliament,

having regard to the proposal for a Council decision (COM(2021)0369),

having regard to Article 38, fourth paragraph, of the 1980 Hague Convention on the Civil Aspects of International Child Abduction,

having regard to Article 81(3) and Article 218(6), second subparagraph, point (b), of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C9-0336/2021),

having regard to the opinion of the Court of Justice (1) on the exclusive external competence of the European Union for a declaration of acceptance of an accession to the 1980 Hague Convention on the Civil Aspects of International Child Abduction,

having regard to Rule 82 and Rule 114(8) of its Rules of Procedure,

having regard to the report of the Committee on Legal Affairs (A9-0307/2021),

1.

Approves the authorisation for the Member States of the European Union to accept, in the interest of the European Union, the accession of Bolivia to the 1980 Hague Convention on the Civil Aspects of International Child Abduction;

2.

Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States, as well as to the Permanent Bureau of the Hague Conference on Private International Law.

(1)  Opinion of the Court of Justice of 14 October 2014, 1/13, ECLI:EU:C:2014:2303.


8.6.2022   

EN

Official Journal of the European Union

C 224/162


P9_TA(2021)0478

Hague Convention (1980) on the Civil Aspects of International Child Abduction: accession of Pakistan *

European Parliament legislative resolution of 25 November 2021 on the proposal for a Council decision authorising the Member States of the European Union to accept, in the interest of the European Union, the accession of Pakistan to the 1980 Hague Convention on the Civil Aspects of International Child Abduction (COM(2021)0368 — C9-0335/2021 — 2021/0182(NLE))

(Consultation)

(2022/C 224/27)

The European Parliament,

having regard to the proposal for a Council decision (COM(2021)0368),

having regard to Article 38, fourth paragraph, of the 1980 Hague Convention on the Civil Aspects of International Child Abduction,

having regard to Article 81(3) and Article 218(6), second subparagraph, point (b), of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C9-0335/2021),

having regard to the opinion of the Court of Justice (1) on the exclusive external competence of the European Union for a declaration of acceptance of an accession to the 1980 Hague Convention on the Civil Aspects of International Child Abduction,

having regard to Rule 82 and Rule 114(8) of its Rules of Procedure,

having regard to the report of the Committee on Legal Affairs (A9-0308/2021),

1.

Approves the authorisation for the Member States of the European Union to accept, in the interest of the European Union, the accession of Pakistan to the 1980 Hague Convention on the Civil Aspects of International Child Abduction;

2.

Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States, as well as to the Permanent Bureau of the Hague Conference on Private International Law.

(1)  Opinion of the Court of Justice of 14 October 2014, 1/13, ECLI:EU:C:2014:2303.


8.6.2022   

EN

Official Journal of the European Union

C 224/163


P9_TA(2021)0479

Hague Convention (1980) on the Civil Aspects of International Child Abduction: accession of Tunisia *

European Parliament legislative resolution of 25 November 2021 on the proposal for a Council decision authorising the Member States to accept, in the interest of the European Union, the accession of Tunisia to the 1980 Hague Convention on the Civil Aspects of International Child Abduction (COM(2021)0371 — C9-0337/2021 — 2021/0198(NLE))

(Consultation)

(2022/C 224/28)

The European Parliament,

having regard to the proposal for a Council decision (COM(2021)0371),

having regard to Article 38, fourth paragraph, of the 1980 Hague Convention on the Civil Aspects of International Child Abduction,

having regard to Article 81(3) and Article 218(6), second subparagraph, point (b), of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C9-0337/2021),

having regard to the opinion of the Court of Justice (1) on the exclusive external competence of the European Union for a declaration of acceptance of an accession to the 1980 Hague Convention on the Civil Aspects of International Child Abduction,

having regard to Rule 82 and Rule 114(8) of its Rules of Procedure,

having regard to the report of the Committee on Legal Affairs (A9-0309/2021),

1.

Approves the authorisation for the Member States of the European Union to accept, in the interest of the European Union, the accession of Tunisia to the 1980 Hague Convention on the Civil Aspects of International Child Abduction;

2.

Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States, as well as to the Permanent Bureau of the Hague Conference on Private International Law.

(1)  Opinion of the Court of Justice of 14 October 2014, 1/13, ECLI:EU:C:2014:2303.