7.2.2023

Official Journal of the European Union

C 47/2

P9_TA(2022)0274

Women’s poverty in Europe

European Parliament resolution of 5 July 2022 on women’s poverty in Europe (2021/2170(INI))

(2023/C 47/01)

The European Parliament,

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

—	having regard to Articles 8, 9, 151, 153 and 157 of the Treaty on the Functioning of the European Union (TFEU),

—	having regard to the Charter of Fundamental Rights of the European Union (the ‘Charter’) and in particular its provisions on social rights and equality between men and women,

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

—

having regard to the 2030 Agenda for Sustainable Development, the principle of ‘leaving no one behind’, and in particular Goal 1, which seeks to end poverty, Goal 5, which seeks to achieve gender equality and improve living conditions for women, and Goal 8, which seeks to achieve sustainable economic growth,

—

having regard to the EU’s growth strategy ‘Europe 2020’, in particular its objective of reducing the number of people in the EU living below national poverty lines by 25 % by 2020, thereby lifting over 20 million people out of poverty, and the need to fully deploy Member States’ social security and pensions systems in order to ensure adequate income support,

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

—	having regard to International Labour Organization Convention No 190 on eliminating violence and harassment in the world of work,

—	having regard to the European Pillar of Social Rights Action Plan,

—	having regard to Council Recommendation (EU) 2021/1004 of 14 June 2021 establishing a European Child Guarantee (1),

—	having regard to Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (2),

—	having regard to Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers (3) (the Work-Life Balance Directive),

—	having regard to the Commission communication of 5 March 2020 entitled ‘A Union of Equality: Gender Equality Strategy 2020-2025’ (COM(2020)0152),

—	having regard to its resolution of 13 October 2005 on women and poverty in the European Union (4),

—	having regard to its resolution of 8 March 2011 on the face of female poverty in the European Union (5),

—	having regard to its resolution of 13 September 2011 on women entrepreneurship in small and medium-sized enterprises (6),

—	having regard to its resolution of 26 May 2016 entitled ‘Poverty: a gender perspective’ (7),

—	having regard to its resolution of 4 April 2017 on women and their roles in rural areas (8),

—	having regard to its resolution of 14 June 2017 on the need for an EU strategy to end and prevent the gender pension gap (9),

—	having regard to its resolution of 3 October 2017 on women’s economic empowerment in the private and public sectors in the EU (10),

—	having regard to its resolution of 15 November 2018 on care services in the EU for improved gender equality (11),

—	having regard to its resolution of 15 January 2019 on gender equality and taxation policies in the EU (12),

—	having regard to its resolution of 30 January 2020 on the gender pay gap (13),

—	having regard to its resolution of 21 January 2021 on the gender perspective in the COVID-19 crisis and post-crisis period (14),

—	having regard to the resolution of 7 July 2021 entitled ‘An old continent growing older — possibilities and challenges related to ageing policy post-2020’ (15),

—	having regard to its resolution of 10 February 2021 on reducing inequalities with a special focus on in-work poverty (16),

—	having regard to the Council conclusions of 10 December 2019 entitled ‘Gender-Equal Economies in the EU: The Way Forward’,

—	having regard to the report of 5 March 2020 by the European Institute for Gender Equality (EIGE) entitled ‘Beijing + 25: the fifth review of the implementation of the Beijing Platform for Action in the EU Member States’,

—	having regard to the report of 27 May 2020 by the International Labour Organization entitled ‘COVID-19 and the world of work. Fourth edition’,

—	having regard to the policy brief of 15 July 2021 by Eurofound and the EIGE entitled ‘Upward convergence in gender equality: How close is the Union of equality?’,

—	having regard to the study of December 2017 by Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs of the Directorate-General for Internal Policies entitled ‘Gender perspective on access to energy in the EU’,

—	having regard to the EIGE’s 2019 and 2020 Gender Equality Indexes,

—	having regard to the position paper of June 2021 by Make Mothers Matter entitled ‘Mothers’ Poverty in the EU’,

—	having regard to the assessment of the Annual Sustainable Growth Strategy 2021 and Proposal for a Joint Employment Report 2021 of February 2021 by the European Anti-Poverty Network entitled ‘Working towards a Socially Inclusive and Poverty-proof Recovery from the COVID-19 Pandemic’,

—	having regard to the study of 19 May 2021 by Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs of the Directorate-General for Internal Policies entitled ‘COVID-19 and its economic impact on women and women’s poverty: Insight from 5 European Countries’,

—	having regard to the study of 14 June 2021 by Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs of the Directorate-General for Internal Policies entitled ‘Gender equality: Economic value of care from the perspective of the applicable EU funds’,

—	having regard to its resolution of 14 April 2016 on meeting the anti-poverty targets in the light of increasing household costs (17) and the opinion of the Committee on Women’s Rights and Gender Equality thereon,

—	having regard to the work of the EU Platform on Combatting Homelessness, launched in June 2021,

—	having regard to Rule 54 of its Rules of Procedure,

—	having regard to the opinion of the Committee on Employment and Social Affairs,

—	having regard to the report of the Committee on Women’s Rights and Gender Equality (A9-0194/2022),

A.	whereas gender equality is a core value of the Union enshrined in Article 2 TEU; whereas Article 8 TFEU lays down the principle of gender mainstreaming;

B.	whereas the eradication of poverty is one of the priorities of the EU, enshrined in Article 3 TEU and in Article 34 of the Charter, and is a headline target in the European Pillar of Social Rights (EPSR) action plan, reflecting the EU’s commitment to combat poverty in its policies;

whereas in the EU, the number of women in poverty is still higher than the number of men in poverty (18); whereas despite a reduction in poverty in the EU among both women and men, women continue to be disproportionally more affected by poverty and the risk of social exclusion than men, in particular women who experience intersectional forms of discrimination; whereas in 2020, the risk of poverty and social exclusion (AROPE) in the EU was higher for women (22,9 %) than men (20,9 %), though in both cases it has decreased since 2015 (24,9 % and 23,1 % respectively); whereas since 2017, the gender-poverty gap has increased in 21 Member States (19); whereas according to the data, poverty rates among women vary greatly between Member States; whereas owing to the strong correlation between female poverty and child poverty, 1 in 4 children in the EU are at risk of poverty or social exclusion;

whereas according to estimates for 2019 in the EU-27, women are particularly affected by the risk of poverty (AROPE), with the poverty rate standing at 17,1 % after social transfers; whereas since the beginning of the COVID-19 pandemic, women have been disproportionately affected in the socioeconomic sphere, including, in some cases, by loss of employment; whereas the employment rate of women has even fallen more sharply than it did during the 2008 recession; whereas this is, among other things, due to the increase of unpaid care, domestic and educational work carried out mainly by women, and has also resulted in an increase in women’s poverty; whereas even before the COVID-19 pandemic, the majority of people in temporary and part-time posts were women, especially in the service sector, and whereas the pandemic has reinforced this trend; whereas the effects of the COVID-19 pandemic are not yet fully comprehended and whereas the socioeconomic impact will continue to be experienced in the coming years; whereas it is therefore essential to examine female poverty in context of the handling and aftermath of the COVID-19 crisis; whereas measures taken to exit the financial crisis of 2008 have not been sufficient to reduce women’s poverty; whereas reductions in funding for social public services and lower wages disproportionality affect women, owing to their greater reliance on social public services and allowances;

whereas gender mainstreaming means taking into account the gender differences within the whole policy cycle and adding an intersectional approach taking into account diversity among women and men when designing, implementing and evaluating policies, programmes and projects in order to enhance gender equality; whereas until now EU policies have not deployed real mainstreamed policies or included an intersectional approach;

whereas Article 3(3) TEU commits the Union to combating ‘social exclusion and discrimination’ and promoting ‘social justice and protection [and] equality between women and men’ in line with the social market economy concept; whereas the European Pillar of Social Rights action plan has the specific aim of reducing the number of people at risk of poverty by at least 15 million by 2030, including 5 million children; whereas the social, green and gender equality agendas are interlinked and share the goals of ensuring sustainable growth and a fair distribution of resources; whereas the discussions on the review of the current EU model of socioeconomic governance should take into consideration the EU’s commitment to reduce inequalities and eradicate poverty, in particular women’s poverty;

whereas the UN Special Rapporteur on extreme poverty and human rights, Olivier De Schutter, has pointed out that European Union should develop an EU-wide anti-poverty strategy that ensures a structural, broad approach to eradicating female poverty; whereas a fairer social contract is needed for the post-pandemic European Union, including economic policies aimed at decreasing economic inequalities;

whereas parental poverty often leads to child poverty; whereas investing in policies to support women also improves the living conditions of their families, and in particular of their children; whereas the EU and the Member States must respect, protect and fulfil the rights of children in line with the TEU; whereas the rights of children are jeopardised in situations of poverty; whereas eradicating child poverty is included in Principle 11 of the EPSR;

whereas single-parent families are at greater risk of poverty and social exclusion and bear a higher probability of transmission of poverty over several generations; whereas 85 % of single-parent families are headed by women; whereas in 2020, 42,1 % of the EU population living in single-adult households with dependent children were at risk of poverty or social exclusion;

whereas women's poverty is the result of a lifetime of discrimination; whereas gender stereotypes still influence the division of labour at home, in education, in the workplace and in society and access to power and decision-making; whereas unpaid care and domestic work, which are mostly carried out by women, imposes a disproportionate burden on women; whereas globally, women make up over 70 % of workers in the health and care sector; whereas these kinds of jobs have systematically been undervalued because they have been, and still are, performed for free by women within households; whereas women have lower pay than men; whereas women have more part-time contracts due to time poverty; whereas women are suffering in-work poverty that leads to higher risks of poverty and social exclusion due to low labour intensity;

K.	whereas due consideration should be given to the recommendations of the EPSR on gender equality, equal opportunities and active support to employment;

whereas women’s poverty is multidimensional and for this reason we need to combat all causes and consequences of all facets of women’s poverty, including material deprivation, but also the lack of access to different resources and services, which limits their ability to fully enjoy their citizenship; whereas female poverty is directly influenced by the lack of fair valuation of work mainly carried out by women, career breaks due to maternity leave or care responsibilities, unequal sharing of unpaid caring responsibilities and domestic work and segregation in education and subsequently in the labour market; whereas women’s poverty results in their exclusion from certain social and political aspects of life; whereas at the same time, the lack of adequate access to resources and services increases women’s risk of falling into or remaining in poverty, which shows the mutual interdependence between poverty and social and political exclusion;

whereas the impact of poverty on women and men differs and whereas indicators to better understand the feminisation of poverty such as age, life expectancy, income inequality, the gender pay gap, type of household and social transfers therefore also need to be considered; whereas synergies between various actions carried out and political measures supporting gender equality in employment, education, taxation policies and housing can help to combat deep-rooted causes of poverty and social exclusion more effectively;

N.	whereas there is an increased risk of poverty and social exclusion among some groups of women such as single mothers, women above the age of 65, women with disabilities, women with low levels of education and women from migrant backgrounds;

whereas women outnumber men at older ages within the EU-27 population; whereas in 2019, there were more than twice as many very old women (aged 85 years or more) as very old men; whereas ageing developments will have profound implications for governments, business and civil society, impacting especially health and social care systems, labour markets, public finances and pension entitlements;

P.	whereas figures show that on average in the EU 29,5 % of women with disabilities are at risk of falling victim to poverty and social exclusion, compared with 27,5 % of their male counterparts;

whereas women from more vulnerable groups, such as young women, women with disabilities, women with a migrant background, Roma women, women from religious or ethnic minorities, as well as LBTQI+ women, face additional and intersecting forms of discrimination when accessing education, healthcare, employment and social services, and are therefore exposed to a higher risk of poverty;

R.	whereas Roma people face discrimination in accessing employment initiatives such as the Youth Guarantee; whereas public employment services often lack the capacity to reach them or apply indirect discrimination practices;

S.	whereas, in relation to poverty data, the statistical household unit defines poverty within households, and does not consider the gender inequalities in the internal distribution of resources, making it difficult to obtain reliable gender-disaggregated data;

T.	whereas women's poverty increases the risk of homelessness, lack of access to adequate housing and energy poverty; whereas policy measures tailored specifically to single parents are needed;

whereas gender equality in the labour market is an important instrument for eliminating poverty among women that benefits not only women but the economy as a whole, with a positive impact on GDP, employment levels and productivity; whereas improving gender equality would lead to an increase in EU GDP per capita of between 6,1 and 9,6 % and an additional 10,5 million jobs, which would benefit both women and men, by 2050;

whereas although work in highly female-dominated sectors is essential and of high socioeconomic value, it is undervalued and lower paid than work in male-dominated sectors; whereas there is an urgent need to reassess the adequacy of wages in female-dominated sectors related to their social and economic value and to move forward on minimum wages, minimum income and pay transparency in EU regulations;

W.	whereas the right to work is an essential precondition if women are to enjoy economic independence, professional fulfilment and effective equal rights;

whereas the average gender employment gap stands at 11,5 %, with women disproportionally highly represented in low-paid, precarious job sectors; whereas women are more represented in flexible work forms, atypical and flexible contracts (part-time work, temporary work, etc.); whereas women face pregnancy and maternity discrimination; whereas the gender pay gap stood at 14,1 % at EU level in 2019, though there were significant differences between Member States (20); whereas the gender gap in earnings has increased in 17 Member States since 2010, while the gender gap in income has gone up in 19 Member States, leading to an overall increase in gender inequality in earnings and income in the EU (21); whereas about 10 % of the working population in the EU is at risk of poverty, and it is mainly women who are paid minimum wage or less than a living wage, owing, among other things, to the greater involvement of women in the informal economy; whereas combating undeclared work and setting adequate and fair levels of minimum wages that provide for a decent standard of living can help to reduce wage inequality, the gender pay gap and female poverty;

whereas the European Social Charter recognises the right of all workers, and therefore also female workers, to fair remuneration that is sufficient for a decent standard of living for themselves and their families, and the right to equal pay for work of equal value; whereas, furthermore, it establishes the right to protection against poverty and social exclusion, and it is contributing to reducing the existing pay gap between men and women;

Z.	whereas the rate of trans people in paid employment is only 51 %, compared with 69,3 % of the general population; whereas unemployment is a particular issue for trans women, who are nearly three times as likely to be unemployed as the general population average (22);

AA.	whereas only 20,7 % of women with disabilities and 28,6 % of men with disabilities are in full-time employment; whereas in some Member States, persons with disabilities often lose their disability entitlements upon taking up employment, which increases their risk of in-work poverty;

AB.

whereas the gender pension gap averaged 29,4 % in 2019 (23) as a result of the imbalances created by persistent lifelong inequalities; whereas this pension gap means that women are more likely to fall below the poverty line as they get older, also bearing in mind that female life expectancy is longer than male life expectancy, deepening the consequences of poverty and social exclusion; whereas greater labour inclusion throughout a person’s lifetime will help to close the gender pension gap;

AC.

whereas the technological and digital revolution we are witnessing is increasing digital progress and new business opportunities and whereas this technological and digital revolution is changing economic patterns, social systems and the labour market; whereas everyone in our society, especially women, must have the chance to participate in this prosperity;

AD.

whereas policies targeted at increasing the participation of women in the fields related to science, technology, engineering and mathematics (STEM) and artificial intelligence, and the adoption of a multi-level approach to address the gender gap at all levels of education and employment in the digital sector need to be further promoted;

AE.	whereas girls outperform boys in school but often encounter greater difficulties or are prevented from translating this educational success into professional accomplishment by family and other pressures;

AF.

whereas women who live in rural areas are particularly affected by poverty; whereas many women who live in rural areas are not even registered on the labour market or as unemployed; whereas the rate of unemployment among women in rural areas is extremely high, and those who are employed have very low incomes; whereas women in rural areas have limited access to education;

AG.

whereas a common EU approach to the care sector, in addition to Member State policies, would create significant added value; whereas women take on unpaid care work more often than men, and caring for children or dependants is therefore one of the most common reasons for women to reduce their working hours or withdraw from the labour market; whereas women more regularly put their careers on hold or take on short-term, part-time, precarious or even informal employment that can be adapted to a caregiving schedule, which affects their earnings and their contributions to their pension funds and thus has an impact on their economic independence in old age; whereas universal access to high-quality healthcare and social services and facilities at affordable prices, such as early childhood care and education or care for other dependants, is not only key for avoiding increasing poverty, especially for women, but is also critical for an economy that serves the public interest; whereas investment in these services therefore has a positive impact on women’s economic independence and their ability to participate in the labour market; whereas social protection measures are absolutely key for tackling female poverty, not only economically but also in its multidimensionality;

AH.

whereas poverty exacerbates the impacts of gender-based violence on women as increased economic difficulties make it hard for women in abusive relationships to leave their partner; whereas gender-based violence is a structural problem that can be found across all socioeconomic groups and is independent of origin or belief; whereas poverty puts women at greater risk of trafficking and sexual exploitation as it makes them and their families economically dependent on their abusers; whereas gender-based violence also contributes to poverty and social exclusion as violence has consequences for health and can lead to the loss of one’s job and homelessness;

AI.

whereas harassment at the workplace, including sexual and psychological harassment, of which women are usually the victims, has a deterrent effect on women, including increased absenteeism, reduced productivity and consequently loss of income and contributes to driving them out of the labour market, which has a negative impact on an individual’s career and economic independence; whereas reporting harassment at the workplace can lead to dismissal or isolation of the victim;

AJ.

whereas it is estimated that currently 1 in 10 girls cannot afford sanitary products; whereas in its resolution of 15 January 2019 on gender equality and taxation policies in the EU, Parliament called on all Member States to eliminate the so-called care and tampon tax by making use of the flexibility introduced in the VAT Directive and by applying tax exemptions or 0 % VAT rates to these essential basic goods;

AK.

whereas Russia’s war against Ukraine is resulting in a further increase in poverty, especially among women, both because it forces Ukrainian women and children to flee to neighbouring countries and due to the rising prices of basic services and goods that all Europeans are experiencing, but which particularly affect those who already have fewer resources;

Points out that, according to Eurostat, there are currently 64,6 million women and 57,6 million men living in poverty in the Member States, which shows that the impact of poverty on women and men is different; calls on the Commission to develop an ambitious 2030 European anti-poverty strategy, with concrete targets for reducing poverty and a focus on ending women’s poverty and breaking the intergenerational cycle of poverty risks;

Underlines that women’s poverty also needs to be analysed from an intersectional approach, which entails a gender-sensitive analysis that takes into account intersecting forms of discrimination on the grounds of characteristics such as socioeconomic background, migrant and ethnic origin, age, sexual orientation, gender identity and gender expression; calls for the EIGE’s Gender Equality Index to be incorporated into the social scoreboard; calls on the EIGE to provide data disaggregated intersectionally and by gender, and calls on the Member States to use this data in order to better address country-specific challenges and develop national recovery plans, as well as to improve synergies among different packages, funds and policies;

Underlines the importance of policies that take into account the demographic challenge and promote equal opportunities for all, particularly those that are most hit by the crisis, such as vulnerable groups, families in all their diversity, the young generation and the elderly, and of ensuring that all business opportunities offered by the current technological and digital revolution should focus on women;

Calls on the Member States to do similar and regular work on collecting and analysing disaggregated data when they design or evaluate their policies and practices in order to gather information and figures on the situation of women in specific precarious conditions, such as women suffering from energy precariousness, the digital divide, occupational diseases, undernutrition and malnutrition;

Urges the Commission and the Member States to effectively address the inequalities women face, tackling their main components, and therefore barriers in the labour market, as well as access to affordable quality services such as childcare and long-term care services and to promote access to public pension schemes for self-employed people, inactive persons, the unemployed (either short or long term), or those in ‘atypical’ employment;

Notes that poverty continues to be measured based on accumulated household income, which assumes that all members of the household earn the same and distribute resources equally; calls for individualised rights and calculations based on individual income in order to combat the true extent of women’s poverty;

Calls for multidimensionality in measuring poverty, including time poverty; calls on Eurostat to coordinate with Member States the gender-sensitive design of the European Time Use Survey and how regular it should be carried out;

Welcomes the Commission’s announcement of a ‘European care strategy’, but calls on it to go beyond measures in the care sector and ensure a transition towards a caring economy that takes a holistic, gender-responsive and lifelong approach to care, including measures to promote ecological sustainability, fair working conditions and adequate wages in order to maintain the attractiveness of work in the care sector, end discrimination, combat poverty, violence and abuse, set minimum standards and adequate quality guidelines for care throughout a person’s lifetime and provide support for formal and informal carers, unpaid carers and the people they care for; calls on the Member States to create incentives for employers to promote a better work-life balance;

Notes that all Member States have increased care packages during the pandemic and introduced special provisions for single-parent households; urges the Member States to extend such provisions during the recovery period;

10.

Is convinced that the axiom that ‘work is the best cure for poverty’ no longer applies today in the face of low-wage sectors, atypical and precarious working conditions and the dismantling of social security systems and that effective collective agreements and minimum wage systems are needed to achieve a poverty-free society;

11.

Calls on the Commission and the Member States to guarantee sufficient financial protection, not only for people with lifelong employment, but also for those who provide unpaid care work for dependants and household and educational care services, those who are in precarious employment and those who experience long periods of unemployment;

12.

Calls on the Commission and the Member States to promote policies that aim to eliminate precarious work and involuntary part-time work in order to improve the situation for women in the labour market;

13.

Stresses the pivotal role of women working in the social, care, cleaning, education, health and retail sectors that keep our societies functioning, as shown by the COVID-19 crisis; calls for typically female-dominated work to be reassessed and revaluated and for cross-sector gender-neutral job evaluation tools to be developed and applied in order to better assess and more fairly remunerate female-dominated work and ensure equal pay for equal work and work of equal value, while at the same time strengthening women’s entrepreneurship in small and medium-sized enterprises;

14.

Notes that the vast majority of retail workers and cleaners are women and are often only paid the minimum wage, and that the COVID-19 pandemic has put them at even greater risk of poverty; stresses the urgent need to improve wages and combat precarious employment; urges the Member States to raise the status of health professionals by means of decent wages and working conditions and, in particular, by concluding proper employment contracts;

15.

Highlights that in order to tackle the multidimensionality of women’s poverty, it is necessary to overcome the segregation of unpaid domestic work and care responsibilities mainly performed by women and strengthen the fight against stereotypes in order to reinforce care service work-life balance measures and family-friendly working arrangements, such as adaptable working hours and the possibility of teleworking to promote the ‘equal earner-equal carer’ model (time use policy) (24),so as to allow women and men to better reconcile their professional life with their private life; urges the Member States to fully transpose and implement the Work-Life Balance Directive so as to ensure a fair division of work and family life, and invites them to go beyond the directive’s minimum standards; stresses that in-work poverty needs to be addressed at its root causes, for example by promoting education and training, establishing minimum wages and ensuring social protection; calls on the Commission to urge the Member States to invest in qualitative education and training and support them in doing so, to share good practices and to pay specific attention to lifelong learning;

16.

Stresses that women are disproportionately, and often involuntarily, concentrated in precarious work, including high levels of part-time work and low-paid, fixed-term and zero-hour contracts; urges the Member States to implement the International Labour Organization recommendations intended to reduce the scale of precarious work, such as restricting the circumstances in which precarious contracts can be used and limiting the length of time workers can be employed on such contracts;

17.

Calls on the Member States to implement active and effective policies to prevent and combat harassment in the workplace, including sexual and psychological harassment; calls on the Commission and the Member States to ensure proper and adequate funding mechanisms for programmes and actions to combat harassment in the workplace, including mechanisms to support women in reporting cases of harassment; calls on the Member States and the EU to ratify International Labour Organization Convention No 190 on eliminating violence and harassment in the world of work;

18.

Stresses the importance of increasing awareness about the consequences of women’s choices in the labour market and the importance of their economic independence to protect them from poverty and social exclusion;

19.

Expresses its concern that women with children are discriminated against in the workplace because they are mothers and not because their job performance is inferior to that of their peers; urges the Member States to actively promote a positive image of mothers as employees;

20.

Underlines the crucial role of high-quality public services in combating women’s poverty, in particular services for early childhood education and care, or care for other dependants such as elderly people; calls on the Member States to establish appropriate mechanisms to recognise this life achievement;

21.

Stresses that climate change also has a big impact on female poverty as women are more dependent on natural resources and, since they constitute the majority of poor people in the EU, have fewer resources to protect themselves against the negative effects of climate change; regrets that a gender perspective has not been consistently introduced in the EU’s climate policies; calls on the Commission to mainstream gender equality into the EU’s climate change policies and legislation; is of the opinion that the Fit for 55 package and the social climate fund should be designed and implemented with a clear gender dimension and benefit women as equally as men;

22.

Calls for the EU and the Member States to protect women living in energy poverty by providing a timely and coordinated response to address the long-term impact of the energy crisis; highlights that access to affordable utilities must be guaranteed to low-income households, and in particular older women and single mothers;

23.

Calls on the Commission and the Member States to mainstream gender equality into all policies, programmes and actions and establish better work-life balance policies and adequate measures to guarantee women’s participation in the labour market, such as better maternity leave, significantly longer paternity leave periods, paid and non-transferable parental leave, flexible working hours, on-site childcare facilities, care services and remote working policies; stresses the importance of gender mainstreaming and tailoring the economic policy response to the COVID-19 pandemic to the specific needs of women and the structure of their economic activities;

24.

Calls on the Commission and the Member States to mainstream gender equality into all transport-related legislation, policies, programmes and actions and to include a gender perspective in the design of mobility, affordable housing and urban planning;

25.

Highlights that homelessness among women should not be underestimated and misperceived as a minor social problem in the EU; points at the lack of comprehensive disaggregated data on the nature and extent of women’s homelessness, which makes this problem less visible; urges the EU and its Member States to integrate a gender perspective into policies and practices that address homelessness and the lack of access to affordable and adequate housing and energy, and to develop specific strategies aimed at eradicating these problems by 2030, while ensuring that services work appropriately and effectively to meet the needs of homeless women; stresses the importance of recognising gender-based violence as one of the root causes aggravating the risk of homelessness among women, and stresses the need to look at how women’s needs intersect with broader socioeconomic and structural barriers; calls on all actors to integrate a gender perspective into the European Platform on Combatting Homelessness; is convinced that the ‘housing first’ principle can play an important role in fighting homelessness and calls for these projects to be rolled out in all Member States;

26.

Notes that the worsening social and economic situation caused by the COVID-19 pandemic has increased all forms of abuse and violence towards women, as well as prostitution, in violation of their human rights; underlines the need to increase public, financial and human resources in order to support groups at risk of poverty and tackle situations posing a risk to children and young people, the elderly, people with disabilities and the homeless;

27.

Notes that women’s economic independence plays a crucial role in their ability to escape situations of gender-based violence; calls, therefore, for the provision of support and protection measures to support women in these situations, the adoption of a comprehensive directive on preventing and combating all forms of gender-based violence, the addition of gender-based violence in the list of EU crimes, the EU ratification of the Istanbul Convention and the ratification thereof by Bulgaria, Czechia, Hungary, Latvia, Lithuania and Slovakia; stresses that a life free from violence is fundamental if women are to participate in the labour market, reach their full potential and be financially independent; condemns deliberate disinformation about tools and initiatives to combat gender-based violence in the EU; expresses concern that this disinformation is gaining a foothold in Europe and thus making it even more difficult to protect women from violence;

28.

Calls on the Member States to combat harmful practices such as female genital mutilation, early and forced marriage and so-called ‘honour-related violence’, which specifically injures and limits young women and girls;

29.

Considers prostitution to be a serious form of violence and exploitation affecting mostly women and children; calls on the Member States to take specific action to combat the economic, social and cultural causes of prostitution so that women in a situation of poverty and social exclusion do not fall victim to such exploitation; calls on the Member States to take specific action to help prostitutes with their social and professional reintegration;

30.

Calls on the Commission to propose proactive measures through the European social funds and the European agricultural fund for rural development to promote women’s employment, the facilitation of access to social services and socioeconomic development in rural areas; encourages the Member States, in cooperation with regional and local authorities, to reduce the risk of poverty among women in rural areas by empowering them and improving their quality of life through the provision of quality educational programmes and quality employment conditions, including teleworking and a decent income; calls for positive action encouraging women farmers in particular to stay in rural areas, including the promotion of community centres that can provide technical advice and assistance to keep farms operating and help them to survive and encourage young people to invest in agriculture and livestock to ensure its long-term survival;

31.

Stresses the crucial role of all EU social funds and programmes, particularly the European Social Fund Plus, the European Globalisation Adjustment Fund for Displaced Workers, the Just Transition Fund, the Recovery and Resilience Facility, and the Asylum, Migration and Integration Fund; highlights that through the ESF+, the Member States and the Commission should aim to mitigate the socioeconomic impacts of the crisis, particularly on women, to increase the numbers of women in employment and help them to reconcile their work and personal lives, to combat poverty and its gender dimension, the feminisation of poverty and gender discrimination in the labour market and in education and training, to support the most vulnerable and to combat child poverty; calls on the Member States to make full use of funds with a gender perspective;

32.

Emphasises that national efforts to ensure Roma inclusion should be accelerated in all Member States; calls on the Commission to promote inclusion and thereby ensure the participation of Roma girls and women at all levels, including those working at local, regional and EU level; points out that this should take into account equality between men and women and focus on the elevation of Member States’ good practices to Union level;

33.

Calls on the Commission and the Member States to supplement the EU’s financial aid with study programmes and projects that give talented Roma girls and women the opportunity to use continuing education to free themselves from intergenerational poverty, promoting their social integration and developing their knowledge, with a view to improving the situation of the Roma community; calls on the Member States to indicate the level of support they would need in order to implement the recommended measures to integrate the Roma population;

34.

Underlines that an increase in women’s poverty has a great impact on wider society; expresses concern about the impact this will have in terms of child poverty; welcomes, in this regard, the adoption of Council Recommendation (EU) 2021/1004 of 14 June 2021 establishing a European Child Guarantee;

35.

Highlights the major contribution of women in the fields of employment, culture, education, science, and research; recognises the profound deterioration in the living conditions of women employed in arts and culture, and in micro and small agricultural and rural businesses resulting from the suspension of economic and cultural activities during the pandemic period;

36.

Calls for a gender-sensitive approach to the digital transition; urges the Commission to use existing programmes and funding and make available additional funding where needed to fight against women’s digital poverty in order to equip women with the necessary skills to operate safely in the digital environment, and to improve their digital literacy;

37.

Calls on the Commission and the Member States to investigate barriers to female entrepreneurship and in particular to conduct a comprehensive analysis of women’s access to finance, helping to end female poverty in the European Union by empowering women to become entrepreneurs and founders of small and medium-sized enterprises contributing to the twin transition; notes that women’s entrepreneurship creates jobs, strengthens the single market and reduces unemployment; notes that a reduced bureaucratic burden for entrepreneurs removes barriers to ensure more women can start businesses; emphasises the importance of knowledge about entrepreneurship and practical experience in schools; calls on the Commission and the Member States to promote women’s empowerment through education, vocational training and lifelong learning; calls, in particular, for greater promotion of STEM subjects and digital, artificial intelligence and financial literacy, in order to combat prevailing stereotypes and ensure that more women enter these sectors and contribute to their development;

38.

Calls on the Member States to ensure that all new fiscal policy, including taxation which has a clear gender dimension, tackles and eliminates socioeconomic and gender inequalities in all their dimensions (25); calls on the Member States to avoid gender discrimination in their tax policies and eliminate VAT on women’s sanitary goods, which disproportionally jeopardises the dignity of lower-income women, and thereby ensure that all women have access to these essential products;

39.

Calls on the Member States to take the gender dimension into account when reforming pension systems and adapting the retirement age and to consider the differences between the work patterns of women and men, including all unpaid employment practices, taking into account the higher risk of discrimination of women in the labour market, in particular older women; urges the Member States to take specific measures to prevent and combat the risk of poverty for older and retired women resulting from population ageing and the proportion of older women in disadvantaged or vulnerable positions; calls on the Member States to include compensation for unpaid care work in their pension systems, for example through care credits or other measures added to the carer’s pension, irrespective of whether the care is provided to underage children, elderly persons or sick or disabled persons, while at the same time encouraging men to become carers;

40.

Calls on the Commission to refrain from promoting any policy recommendation that would lead to an increase in precarious working relations, the deregulation of working hours, a reduction in salaries, an attack on collective bargaining or the privatisation of public services and social security;

41.

Welcomes the ongoing negotiations for the adoption of a directive on adequate minimum wages in the European Union; calls for the EU institutions to adopt an EU framework favouring the establishment or adaptation of a minimum wage per country based inter alia on a national basket of goods and services at real prices, including, among other things, adequate housing, healthy and balanced food, clothing, sustainable transport and energy, health and care and resources enabling people to meaningfully participate in society, culture and education, which would ensure a decent standard of living that would partially help to reduce in-work poverty, in particular for women; calls for fair and adequate minimum wages in the Member States as a necessary safeguard to ensure fairer wage distribution and to guarantee a wage floor protecting women and men in the labour market; is of the opinion that the creation of a minimum wage framework must be achieved and preserved through clear rules, transparent procedures and effective practices, using criteria and guiding indicators to assess adequacy and with the contribution of consultative bodies, among others, and the involvement of social partners;

42.

Calls on the Member States to be ambitious in their implementation of the European Child Guarantee and the Pay Transparency Directive, as well as the future Directive on Minimum Wages and Recommendation on Minimum Income;

43.

Regrets that overall, gender mainstreaming has not yet been applied across the EU budget, as pointed out by the European Court of Auditors, and calls for this situation to be reversed as a matter of urgency; underlines that gender mainstreaming has to be applied at all levels of the policy cycle and must be based on reliable data; highlights the importance of the implementation of gender-responsive budgeting, including in all programmes in the 2022 budget, in order to achieve gender equality and eliminate women’s poverty; calls on the Commission, in this context, to accelerate the introduction of an effective, transparent and comprehensive methodology and to closely cooperate with Parliament in measuring relevant gender expenditure, as provided for in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (26), in order to be able to show tangible results for the 2022 budget and with a view to extending the methodology to all multiannual financial framework programmes;

44.

Points out that the EU’s fiscal capacity requires a potential revision of the current economic and social governance to reduce inequalities and female poverty and achieve gender equality; calls for economic and social governance to be consistent with the achievement of gender equality objectives and for the ending of female poverty;

45.

Calls on the Council to establish a dedicated configuration on gender equality in order to deliver common and concrete measures to address the challenges in the field of women’s rights and gender equality and ensure that gender equality issues are discussed at the highest political level;

46.

Calls on the Commission and Member States to analyse the unequal gender impact of inflation and energy price hikes triggered in the context of Russia’s war against Ukraine and to take this into account when implementing measures to alleviate its impact on the poorest;

47.

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

(1) OJ L 223, 22.6.2021, p. 14.

(2) OJ L 204, 26.7.2006, p. 23.

(3) OJ L 188, 12.7.2019, p. 79.

(4) OJ C 233 E, 28.9.2006, p. 130.

(5) OJ C 199 E, 7.7.2012, p. 77.

(6) OJ C 51 E, 22.2.2013, p. 56.

(7) OJ C 76, 28.2.2018, p. 93.

(8) OJ C 298, 23.8.2018, p. 14.

(9) OJ C 331, 18.9.2018, p. 60.

(10) OJ C 346, 27.9.2018, p. 6.

(11) OJ C 363, 28.10.2020, p. 80.

(12) OJ C 411, 27.11.2020, p. 38.

(13) OJ C 331, 17.8.2021, p. 5.

(14) OJ C 456, 10.11.2021, p. 191.

(15) OJ C 99, 1.3.2022, p. 122.

(16) OJ C 465, 17.11.2021, p. 62.

(17) OJ C 58, 15.2.2018, p. 192.

(18) Eurostat webpage entitled ‘Living conditions in Europe — poverty and social exclusion’, accessed on 30 May 2022. Available at: https://ec.europa.eu/eurostat/statistics-explained/index.php?title=Living_conditions_in_Europe_-_poverty_and_social_exclusion&oldid=544210

(19) European Institute for Gender Equality, ‘Gender Equality Index 2020: Digitalisation and the future of work’, Publications Office of the European Union, Luxembourg, 2020.

(20) Eurostat webpage entitled ‘Gender pay gap statistics’, accessed on 30 May 2022. Available at: https://ec.europa.eu/eurostat/statistics-explained/index.php?title=Gender_pay_gap_statistics

(21) ‘Gender pay gap statistics’.

(22) https://op.europa.eu/en/publication-detail/-/publication/7341d588-ddd8-11ea-adf7-01aa75ed71a1/language-en

(23) Eurostat article of 3 February 2021 entitled ‘Closing the gender pension gap?’.

(24) EIGE Gender Statistics Database, accessed on 30 May 2022. Available at: https://eige.europa.eu/gender-statistics/dgs/browse/ta/ta_timeuse

(25) Report by Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs of April 2017 entitled ‘Gender equality and taxation in the European Union’.

(26) OJ L 123, 12.5.2016, p. 1.

7.2.2023

Official Journal of the European Union

C 47/15

P9_TA(2022)0276

Indo-Pacific strategy in the area of trade and investment

European Parliament resolution of 5 July 2022 on the Indo-Pacific strategy in the area of trade and investment (2021/2200(INI))

(2023/C 47/02)

The European Parliament,

—	having regard to the joint communication of 16 September 2021 of the Commission and the High Representative of the Union for Foreign Affairs and Security Policy on the EU strategy for cooperation in the Indo-Pacific (JOIN(2021)0024),

—	having regard to the Council conclusions of 16 April 2021 on an EU strategy for cooperation in the Indo-Pacific,

—	having regard to the Netherlands’ Indo-Pacific strategy of 13 November 2020 entitled ‘Indo-Pacific: Guidelines for strengthening Dutch and EU cooperation with partners in Asia’,

—	having regard to the German Federal Government’s policy guidelines on the Indo-Pacific region of September 2020,

—	having regard to the joint communication of 1 December 2021 of the Commission and the High Representative of the Union for Foreign Affairs and Security Policy entitled ‘The Global Gateway’(JOIN(2021)0030),

—	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 the joint communication of 12 March 2019 of the Commission and the High Representative of the Union for Foreign Affairs and Security Policy entitled ‘EU-China — A strategic outlook’ (JOIN(2019)0005),

—	having regard to the joint communication of 19 September 2018 of the Commission and the High Representative of the Union for Foreign Affairs and Security Policy entitled ‘Connecting Europe and Asia — Building blocks for an EU Strategy’ (JOIN(2018)0031),

—	having regard to the Commission communication of 9 March 2021 entitled ‘2030 Digital Compass: the European way for the Digital Decade’ (COM(2021)0118),

—	having regard to the 2021 State of the Union address by Commission President Ursula von der Leyen of 15 September 2021,

—	having regard to the joint press release of 3 December 2021 by the European External Action Service and the US Department of State on the high-level consultations on the Indo-Pacific,

—	having regard to the 11th Asia-Europe Parliamentary Partnership meeting, hosted by Cambodia on 16 November 2021,

—	having regard to the EU’s One China policy as outlined in the EU-China strategic outlook of 12 March 2019,

—	having regard to the Comprehensive Investment Agreement concluded in principle by the EU and China on 30 December 2020,

—	having regard to its recommendation of 21 October 2021 to the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy on EU-Taiwan political relations and cooperation (1),

—	having regard to its recommendation of 29 April 2021 to the Council, the Commission and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy concerning EU-India relations (2),

—	having regard to the non-paper of the Commission services of 26 February 2018 on feedback and the way forward on improving the implementation and enforcement of trade and sustainable development (TSD) chapters in EU free trade agreements, and to its 15-point action plan on TSD chapters,

—	having regard to the Free Trade Agreement (FTA) of 16 September 2010 between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part (3),

—	having regard to the FTA (4) and Investment Protection Agreement (IPA) of 19 October 2018 between the European Union and its Member States, of the one part, and the Republic of Singapore, of the other part,

—	having regard to the FTA (5) and the IPA of 30 June 2019 between the European Union and its Member States, of the one part, and the Socialist Republic of Viet Nam, of the other part,

—	having regard to the Economic Partnership Agreement between the European Union and Japan (6),

—	having regard to the Partnership Agreement between the European Union, on the one part, and the members of the Organisation of African, Caribbean and Pacific States, of the other part,

—	having regard to the negotiations on FTAs between the EU and Australia, New Zealand and Indonesia, which are under way, and to the negotiations on FTAs between the EU and Malaysia, Thailand and the Philippines, which are currently on hold,

—	having regard to its resolution of 3 October 2017 on EU political relations with the EU-Association of Southeast Asian Nations (ASEAN) (7),

—	having regard to the decision taken at the ASEAN ministerial meeting of 21 January 2019 to establish an EU-ASEAN strategic partnership,

—	having regard to the 29th EU-ASEAN Joint Cooperation Committee Meeting held on 11 February 2022,

—	having regard to the inaugural European Parliament-ASEAN Inter-Parliamentary Assembly (AIPA) Inter-Regional Dialogue held on 22 June 2021,

—	having regard to the Paris Agreement on climate change of 12 December 2015 and the Commission communication of 11 December 2019 on the European Green Deal (COM(2019)0640),

—	having regard to the Commission report of 27 October 2021 on implementation and enforcement of EU trade agreements (COM(2021)0654),

—	having regard to its resolution of 26 November 2020 on the EU Trade Policy Review (8),

—	having regard to its resolution of 20 May 2021 on Chinese countersanctions on EU entities and MEPs and MPs (9),

—	having regard to its resolution of 16 September 2021 on a new EU-China Strategy (10),

—	having regard to its resolution of 21 January 2021 on connectivity and EU-Asia relations (11),

—	having regard to its resolution of 9 June 2021 entitled ‘EU Biodiversity Strategy for 2030: Bringing nature back into our lives’ (12),

—	having regard to its resolution of 7 October 2020 entitled ‘Implementation of the common commercial policy — annual report 2018’ (13),

—	having regard to its resolution of 18 May 2017 on the implementation of the Free Trade Agreement between the EU and the Republic of Korea (14),

—	having regard to Rule 54 of its Rules of Procedure,

—	having regard to the opinion of the Committee on Fisheries,

—	having regard to the report of the Committee on International Trade (A9-0170/2022),

whereas the Indo-Pacific region has become a geopolitical and geo-economic reality; whereas the region’s growing economic, demographic and political weight makes it a key player in shaping the international order and in addressing global challenges; whereas the global economy’s centre of gravity has shifted from the Atlantic to the Pacific;

whereas Europe and the Indo-Pacific together represent over 70 % of global trade in goods and services and over 60 % of foreign direct investment (FDI) with their annual trade reaching EUR 1,5 trillion in 2019; whereas the Indo-Pacific region accounts for 60 % of global gross domestic product (GDP) and contributes to two thirds of global economic growth; whereas the EU is the biggest investor in the region, which includes four of the EU’s top 10 global trading partners (China, Japan, South Korea and India) (15);

C.	whereas the EU currently has four bilateral trade agreements in place in the region (with Japan, Singapore, South Korea and Vietnam), five strategic partnerships (with ASEAN, China, India, Japan and South Korea) and two connectivity partnerships (with Japan and India);

D.	whereas the EU and ASEAN opened a new chapter in their long-standing relations by entering into a Strategic Partnership in December 2020;

whereas enhanced inter-parliamentary relations and parliamentary diplomacy between the European Parliament and the parliaments of Southeast Asia — through the ASEAN Inter-Parliamentary Assembly (AIPA) — should reflect the future agenda of broader and deeper EU-ASEAN relations; whereas the European Parliament and AIPA are natural partners with a significant potential to contribute towards strengthening EU-ASEAN relations;

whereas EU-ASEAN relations are based on the shared values and principles of a rules-based international order, effective and sustainable multilateralism, and free and fair trade; whereas EU-based entities are the largest provider of FDI to the ASEAN region; whereas the EU is ASEAN’s third largest trading partner and ASEAN as a whole is the EU’s third largest trading partner outside Europe; whereas negotiations on an EU-ASEAN Free Trade Agreement have been suspended by mutual agreement since 2009;

G.	whereas Korea’s efforts with regard to the implementation of the TSD chapter are less than optimal; whereas more concrete improvements are needed;

whereas several Indo-Pacific countries benefit from EU tariff preferences under the Generalised Scheme of Preferences (GSP), facilitating access to EU markets, and whereas the least developed countries in the region benefit from the duty-free, quota-free Everything but Arms (EBA) arrangement; whereas Pakistan, the Philippines and Sri Lanka are beneficiaries of the special incentive arrangement for sustainable development and good governance (GSP+); whereas these instruments have contributed to the economic development of these countries, their respect for human and labour rights, the protection of the environment and improvements in good governance;

whereas geopolitical competition in the global order between key players continues to rise, in particular between the US and China, with significant effects on global trade; whereas recent events have affected globally sustainable supply chains and the sourcing of critical raw materials, which has escalated energy and food prices; whereas EU-China relations have a multifaceted nature where China is a partner for cooperation, but is also an economic competitor and a systemic rival in a number of areas;

whereas the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) is an open, forward-looking trade agreement that aims to secure a level playing field and a rules-based trade environment in the Indo-Pacific and provides a model of regional trade integration; whereas the US withdrew from the agreement in January 2017 while China, Taiwan and the UK formally submitted a request to accede to it in 2021;

whereas the Regional Comprehensive Economic Partnership (RCEP) — led by ASEAN and signed as well by Australia, China, Japan, the Republic of Korea and New Zealand — entered into force in January 2022, thereby creating the world’s largest trading bloc; whereas the RCEP stands to promote greater regional cooperation in trade and investment and in digital trade while addressing regulatory issues to ease cross-border movements while including only limited provisions on labour and the environment;

whereas the COVID-19 crisis has accelerated a number of geopolitical trends that were already under way; whereas it also highlighted the need for deepening international cooperation such as in the health sector; whereas it has also shown the lack of resilience of Member States’ economies and vulnerabilities in the global supply chains and has made clear the need for more diversification;

whereas the geopolitical reality has dramatically changed since Russia’s invasion of Ukraine in February 2022 and makes the EU’s further engagement with Indo-Pacific partners even more important and urgent in order to diversify our trade relations, to deepen our cooperation on critical and emerging technologies, digital issues and raw materials, to strengthen and diversify supply chains and improve their resilience and sustainability, and to help tackle global challenges;

N.	whereas climate change and environmental degradation are existential threats to the Indo-Pacific region, Europe and the rest of the world; whereas in 2021 alone, over 57 million people were affected by climate change disasters in the Indo-Pacific region (16);

whereas, as stated in the Trade Policy Review, the EU works together with its partners to ensure adherence to universal values, notably the promotion and protection of human rights; whereas this includes core labour standards, social protection, gender equality and the fight against climate change and biodiversity loss;

P.	whereas the EU’s outermost regions and overseas countries and territories, which are constitutionally linked to its Member States, are an important part of the EU’s approach to the Indo-Pacific;

Welcomes the EU strategy for cooperation in the Indo-Pacific, which identifies sustainable and fair trade and investment as a priority; believes its main focus on inclusiveness and cooperation based on shared values and principles, including a commitment to respecting democracy, human rights and the rule of law, is essential; calls for the EU’s strategic approach and engagement with the Indo-Pacific region to be developed based on the multilateral, rules-based international order with a modernised World Trade Organization at its core, based on the principles of open environment for trade and investment, a level playing field, reciprocity and mutual benefit; stresses that this new approach should constitute a fundamental reorientation based on shared interests as the region is vital to EU prosperity; notes that the Indo-Pacific region hosts major waterways that are of vital importance to EU trade with 40 % of the EU’s foreign trade passing through the South China Sea, making ocean governance and stability in this region a shared concern and area of cooperation; underlines the need to maintain a free and open Indo-Pacific for all and to preserve free and open maritime supply routes in full compliance with international law, in particular the United Nations Convention on the Law of the Sea, and the principle of freedom of navigation;

Calls on the Commission to strengthen partnerships with all relevant actors in the Indo-Pacific, taking into consideration sub-regional dynamics and specificities, that reinforce the rules-based international order and address common global challenges, and calls on the Commission to work closely with its like-minded partners in the Indo-Pacific to reinforce value chains by strengthening the resilience, sustainability and circularity of our economies, by diversifying trade relations in order to reduce strategic dependencies in critical supply chains with a particular focus on technologies, raw materials and agricultural products, by working towards the full implementation and better enforcement of existing trade agreements, by finalising ongoing trade negotiations and by developing cooperation in strategic sectors; underlines the importance of working together with like-minded Indo-Pacific countries on establishing technical and industrial standards, in order to further promote the EU as a global standard-setter; underlines the importance of developing new Digital Partnership Agreements, building on data protection adequacy decisions, and starting with Japan, the Republic of Korea and Singapore; further calls on the Commission to closely work together with Indo-Pacific partners in the process of implementing the planned due diligence framework;

Recalls the EU’s commitment to enforce women’s rights and human rights, and to monitor the gender impact of its trade preferences; reiterates its support for gender mainstreaming in trade policy and calls for effective measures to combat the exploitation of women in export-oriented industries;

Stresses that the EU should make better and more strategic use of its economic leverage while respecting the political and economic specificities of its partners and their interests in order to reach its geopolitical and transformational goals, by deploying its full, integrated range of policy instruments, including the GSP mechanism, for this purpose and to promote global standards on sustainable development, the 2030 Agenda and the Sustainable Development Goals, the circular economy, human rights, including the rights of ethnic and religious minorities, labour rights, International Labour Organization (ILO) conventions, gender equality, good governance, the fight against climate change and the implementation of the Paris Agreement, combating deforestation and biodiversity loss, and sustainable fishing;

Calls for a swift implementation of the recently adopted EU Global Gateway strategy in coordination with the Indo-Pacific strategy in order to boost sustainable connectivity in and with the Indo-Pacific region; welcomes, in this context, the progress which has been made in the connectivity partnerships with Japan and India; advocates the establishment of a connectivity partnership with ASEAN in order to link with ASEAN’s existing master plan on connectivity; seeks increased collaboration with other regional partners such as Australia and the Republic of Korea; emphasises the need to link the Global Gateway strategy to other initiatives for trusted connectivity such as Build Back Better World and the Blue Dot Network, and to also foster cooperation on high-quality infrastructure with the Quadrilateral Security Dialogue (QUAD);

FTAs and IPAs in force: enforcement, implementation and upgrading

Welcomes the substantial growth in bilateral trade between the EU and South Korea since the FTA entered into force in 2011; is pleased with the recent steps taken by South Korea in respect of the ratification and implementation of ILO Conventions No 29, No 87 and No 98 and the implemented changes to the labour code following the TSD panel of experts’ report; awaits tangible implementation of the ratifications; recalls that the panel notes in the text of the FTA the absence of explicit targets and milestones related to the ratification of ILO conventions; calls on South Korea to speedily take the necessary steps to ratify the outstanding ILO Convention No 105 and to continue to make progress with regard to gender equality and women’s rights; supports further cooperation between the EU and South Korea on semiconductors;

Calls on the remaining EU Member States to proceed with the internal ratification of the EU-Singapore IPA and Partnership and Cooperation Agreement (PCA), signed in October 2018, in particular given the importance of Singapore as the EU’s largest FDI destination in Asia, with EU FDI stocks in Singapore amounting to EUR 256 billion at the end of 2020; calls on Singapore to make increased efforts towards ratifying and implementing the fundamental ILO conventions;

Believes the EU-Japan Economic Partnership Agreement (EPA) has been instrumental in creating more sustainable trade; welcomes the increase in the preference utilisation rates for EU exports to Japan in 2020; calls for the start of negotiations for including data flow provisions in the EPA; notes that progress has been made in the expansion of the list for geographical indication (GI) protection for both parties, the utilisation rates of tariff rate quotas opened by Japan for EU exporters and the process for ratification of ILO Convention No 105 by Japan; underlines that further swift progress is needed in the implementation of the agreement, including liberalisation of trade in services and the ratification of ILO Convention No 111; reiterates its call for an early review of the TSD chapter in order to strengthen its enforcement provisions;

Calls on the Member States to ratify the EU-Vietnam IPA so that it enters into force and creates favourable conditions to boost EU investment in Vietnam and in the region, in particular in areas promoting green transformation and the circular economy; underlines the importance of the TSD chapter for the EU and calls for a swift completion of setting up the domestic advisory groups; recalls concerns with regard to human rights violations; considers that a revision of the Criminal Code of Vietnam is important to ensure the effective implementation of ILO core conventions; urges Vietnam to complete its key labour reforms in accordance with the agreement and to swiftly ensure the ratification of ILO Convention No 87 by 2023; urges Vietnam to continue working to achieve equal treatment of EU Member States with regard to pharmaceuticals and to guarantee full implementation of the sanitary and phytosanitary provisions;

10.

Calls for continuing actions oriented at raising awareness among businesses, stakeholders, civil society, social partners and citizens of existing FTAs in the region and the opportunities they provide; calls for strengthened technical and financial support where necessary to help partner countries to effectively implement FTAs, in particular the chapters on TSD; calls on the Commission to work together with our Indo-Pacific partners also in the context of the TSD review;

11.

Recalls the importance of parliamentary diplomacy in accelerating FTA negotiations between the EU and ASEAN Member States;

Bilateral FTA in negotiations and/or under ratification (positive trade agenda)

12.

Calls for substantive progress in negotiations on the EU-Australia and EU-New Zealand FTAs aiming to conclude by mid-2022 in order for the European Parliament to be able to duly ratify these balanced agreements in the current parliamentary mandate, without compromising the content of the agreement for the sake of the calendar; believes that, especially in the current geopolitical situation, it is of utmost importance that democracies strengthen their mutual relations, including when it comes to trade; underlines the importance of a comprehensive and enforceable TSD chapter and recalls the need for the Paris Agreement as an essential clause in order to reflect the ambition of achieving a gold standard agreement in these areas; reiterates the need to take the agricultural sector’s specificities and sensitivities into account and to achieve GI protection in both countries;

13.

Welcomes the decision to resume negotiations with India on a comprehensive and mutually beneficial trade agreement promoting shared democratic values and human rights, core labour rights and gender equality, a commitment to promoting an inclusive, coherent and rules-based global order, effective multilateralism and strengthened enforcement on TSD with a focus on combating climate change and biodiversity loss; welcomes the decision to launch negotiations for a separate IPA and for an agreement on geographical indications; welcomes the establishment of permanent structures between the EU and India such as high-level dialogues in several sectors; welcomes India’s engagement to meet the EU’s ambition on content and timetable; welcomes the common proposal by President von der Leyen and Prime Minister Modi to create an EU-India Trade and Technology Council;

14.

Underlines the need for the EU to engage in a comprehensive dialogue with China that firmly defends the EU’s interests and values, taking into account the present geopolitically challenging global context, including the Russian invasion of Ukraine; highlights that China is a cooperation and negotiating partner for the EU, but it is also a competitor in an increasing number of areas, and a systemic rival; reiterates, as underlined in its resolution of 16 September 2021 on a new EU-China strategy, its call for the EU to develop a more assertive, comprehensive and coherent EU-China strategy that unites all Member States and shapes relations with China in the interest of the EU as a whole; emphasises that this strategy should promote a rules-based multilateral order, should have the defence of EU values and interests at its core and should be based on the three principles of cooperating where possible, competing where needed, and confronting where necessary; stresses that it is particularly important to continue engaging with China to promote solutions to common challenges and to cooperate on issues of common interest such as fighting climate change; acknowledges that the support of China was vital for the conclusion of the Paris Agreement;

15.

Acknowledges that China’s continued delay in complying with all WTO rules continues to complicate trade relations between the EU and China; considers that the main issues to be solved are the multiple barriers European companies face in accessing the Chinese market, the protection of intellectual property rights, counterfeiting, product safety concerns, social and environmental standards, forced technology transfers, obliged joint ventures, unfair subsidies and unfair competition by state-owned enterprises;

16.

Acknowledges that the discussions on the ratification of the Comprehensive Investment Agreement (CAI) between the EU and China have been put on hold in the European Parliament on account of China’s decision to sanction, among others, five individual Members of the European Parliament and its standing Subcommittee on Human Rights for criticising China’s human rights record; underlines that the European Parliament cannot start the consideration and ratification process for the CAI until the Chinese sanctions against MEPs and EU institutions have been lifted; further recalls the coercive pressure China has put on Member States such as in the case of Lithuania and strongly condemns this practice; recalls that it is essential for China to abide by international standards, including with regard to its impact on climate, the environment, biodiversity, poverty, health, labour rights, human rights and related to the prevention and fight against illegal, unreported and unregulated (IUU) fishing;

17.

Urges the EU to launch a structured dialogue with Taiwan on cooperating in green technology and the digital economy, including the semiconductor industry, with a view to signing a memorandum of understanding that benefits both the EU and Taiwan; repeats its call on the Commission to begin an impact assessment, public consultation and scoping exercise on a bilateral investment agreement with Taiwan in preparation for negotiations to deepen bilateral economic ties; also calls on the Commission to look into options to boost cooperation on resilient supply chains with Taiwan; underlines that Taiwan is a member of the WTO; calls for closer cooperation in global health crises and the trading of medical supplies;

18.

Welcomes recent progress in negotiations on the Comprehensive Economic Partnership Agreement with Indonesia, including on sustainability related areas, and the renewed commitment by both sides to conclude this agreement; stresses that according to the World Bank (17), the agreement could bring 2,13 % growth to the GDP of Indonesia by 2030; highlights the essential need for further steps to be considered before an agreement can be concluded, notably on sustainability, deforestation, with a focus on palm oil, and a more enforceable TSD chapter, as well as the Paris Agreement;

19.

Recalls that the Philippines is a lower income country benefiting from the EU’s GSP+ mechanism; recalls that the Philippines will have to reapply for the GSP+ benefits under the new GSP Regulation as of 2024; notes that negotiations on a bilateral trade and investment agreement with the Philippines, which started in 2015, have been put on hold; recalls serious concerns with regard to human rights violations; recalls that negotiations should resume only once the worrying and critical situation concerning human rights, good governance and the rule of law has improved;

20.

Takes note of the fact that negotiations on a bilateral trade and investment agreement with Malaysia have been put on hold since 2012; invites the Malaysian authorities to take a position on the possible resumption of negotiations and invites both parties to take stock of the findings of the sustainability impact assessment; underlines that a possible resumption of negotiations should be preceded by tangible improvement of the human rights situation in the country;

21.

Notes that negotiations for a bilateral trade and investment agreement with Thailand were launched in 2013 and were put on hold in 2014; acknowledges that the EU in recent years has taken steps towards broadening its engagement with Thailand; stresses the importance of taking steps (in line with the Council conclusions of 2019) towards the resumption of negotiations on an ambitious and comprehensive FTA and invites the Thai authorities to provide clear indications in this respect and to engage in structural reforms; underlines that a possible resumption of negotiations on a comprehensive FTA should be preceded by a tangible improvement in the democratic situation in the country;

22.

Calls on the Commission to closely monitor the situation in Myanmar after the 2021 coup and assess whether an investigation should be launched with a view to its possible withdrawal of the EBA trade preferences;

23.

Calls on the Commission and the authorities of Cambodia to work towards a common understanding for the steps to be taken towards reaching the conditions for enabling the reinstatement of the EBA trade preferences for Cambodia under the EBA scheme;

24.

Welcomes the review of the GSP Regulation; highlights that current GSP+ beneficiary countries and EBA countries graduating to lower middle income countries will be required to (re)apply for the GSP+ status under the new GSP Regulation; calls for GSP, GSP+ and EBA beneficiary countries in the region to engage in strengthening the effective implementation of their international commitments on human rights, labour rights, the environment, good governance and sustainable development;

25.

Welcomes the long-awaited conclusion in principle of the EU’s International Procurement Instrument in order to achieve reciprocity and a level playing field in international procurement markets; underlines the need to further strengthen the EU’s trade defence toolbox by swiftly adopting a strong foreign subsidies regulation and taking a clear stance against economic coercion by third countries, such as China’s unacceptable coercion of Lithuania at the end of 2021, through a new anti-coercion instrument;

EU attitude towards regional and multilateral relations and negotiations

26.

Calls for further engagement with ASEAN and its member states and for the development and promotion of the EU-ASEAN strategic partnership; calls on both sides to use the momentum of the planned EU-ASEAN Summit in 2022, on the occasion of the 45th anniversary of the EU-ASEAN bilateral relationship, to present a new EU-ASEAN action plan for the upcoming period to promote increased multifaceted cooperation in key areas, and emphasises the need to revive the initiative for a region-to-region FTA between the EU and ASEAN, based on shared values and principles including sustainable development and promoting fundamental rights and gender equality, once the conditions are met; calls for a parliamentary dimension to the 45th anniversary summit and reiterates its intention to create an EU-ASEAN parliamentary assembly to strengthen the democratic dimension of the partnership;

27.

Calls for a new strategic approach towards the CPTPP as a core element of the EU’s Indo-Pacific strategy; stresses that closer cooperation would allow the EU to reap important economic benefits with regard to possible welfare gains, diversification of supply chains and reduction of strategic dependencies, and would give the EU the opportunity to continue to shape standards in the Indo-Pacific region and globally; emphasises that the EU should study the option of joining the CPTPP in the future and also explore the possibilities of linking existing agreements with partners, for instance through their rules of origin protocols, in order to increase the preference utilisation rate of those agreements and maximise their added value;

28.

Calls on the Commission to continue to thoroughly monitor the direct economic effects of the RCEP on the EU’s economy and to evaluate its long-term strategic and geopolitical implications;

o o

29.

Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the Secretary-General of ASEAN, the Secretary-General of the ASEAN Inter-Parliamentary Assembly and the respective countries in the Indo-Pacific region.

(1) OJ C 184, 5.5.2022, p. 170.

(2) OJ C 506, 15.12.2021, p. 109.

(3) OJ L 127, 14.5.2011, p. 6.

(4) OJ L 294, 14.11.2019, p. 3.

(5) OJ L 186, 12.6.2020, p. 3.

(6) OJ L 330, 27.12.2018, p. 3.

(7) OJ C 346, 27.9.2018, p. 44.

(8) OJ C 425, 20.10.2021, p. 155.

(9) OJ C 15, 12.1.2022, p. 170.

(10) OJ C 117, 11.3.2022, p. 40.

(11) OJ C 456, 10.11.2021, p. 117.

(12) OJ C 67, 8.2.2022, p. 25.

(13) OJ C 395, 29.9.2021, p. 14.

(14) OJ C 307, 30.8.2018, p. 109.

(15) Joint communication of 16 September 2021 on the EU strategy for cooperation in the Indo-Pacific (JOIN(2021)0024).

(16) Observer Research Foundation, ‘Climate change and geostrategic ocean governance in the Indo-Pacific’, 14 January 2022.

(17) See page 9 of the World Bank Policy Research Working Paper ‘Economic and Distributional Impacts of Free Trade Agreements. The Case of Indonesia’.

7.2.2023

Official Journal of the European Union

C 47/23

P9_TA(2022)0277

EU-India future trade and investment cooperation

European Parliament resolution of 5 July 2022 on EU-India future trade and investment cooperation (2021/2177(INI))

(2023/C 47/03)

The European Parliament,

—	having regard to the joint statement adopted at the EU-India leaders’ meeting held in Porto on 8 May 2021,

—

having regard to the joint statement and the roadmap to 2025 for an EU-India strategic partnership adopted at the 15th EU-India summit on 15 July 2020, and to the other joint statements adopted in the fields of counter-terrorism, climate and energy, urbanisation, migration and mobility, and the water partnership,

—	having regard to the first ever High-Level Dialogues on Trade and Investment held in February and April 2021 between the Executive Vice-President of the Commission and the Indian Minister for Commerce and Industry,

—	having regard to the joint communication from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy of 20 November 2018 entitled ‘Elements for an EU strategy on India’ (JOIN(2018)0028) and the corresponding Council conclusions of 10 December 2018,

—	having regard to the Council decisions of 19 April 2007 on a negotiating mandate concerning trade and investment negotiations with India and of 14 July 2011 on a mandate concerning trade and investment negotiations with India: negotiating directives for trade and investment negotiations,

—	having regard to the joint communication from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy of 16 September 2021 entitled ‘The EU strategy for cooperation in the Indo-Pacific’ (JOIN(2021)0024),

—	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 Regulation (EU) 2021/947 of the European Parliament and of the Council of 9 June 2021 establishing the Neighbourhood, Development and International Cooperation Instrument — Global Europe (1),

—	having regard to its resolutions of 13 September 2017 on EU political relations with India (2) and of 21 January 2021 on connectivity and EU-Asia relations (3),

—	having regard to its recommendation of 29 April 2021 to the Council, the Commission and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy concerning EU-India relations (4),

—	having regard to its resolution of 15 January 2020 on the European Green Deal (5),

—	having regard to its resolution of 7 July 2021 on the trade-related aspects and implications of COVID-19 (6),

—	having regard to the joint motion for a resolution of 29 January 2020 on India’s Citizenship (Amendment) Act, 2019,

—	having regard to Rule 54 of its Rules of Procedure,

—	having regard to the opinion of the Committee on Agriculture and Rural Development,

—	having regard to the report of the Committee on International Trade (A9-0193/2022),

A.	whereas the EU and India convened a leaders’ meeting in May 2021 following their commitment to convene regularly at the highest level and strengthen their strategic partnership with a view to enhancing economic and political cooperation;

B.	whereas the EU and India, as the world’s two largest democracies, share strong political, economic, social and cultural ties; whereas, however, bilateral trade relations have not yet reached their full potential;

C.	whereas EU and Indian leaders affirmed their determination to preserve and promote effective multilateralism and a rules-based multilateral order with the UN and the World Trade Organization (WTO) at its core;

D.	whereas India abstained during the 11th emergency special session of the UN General Assembly on the resolution of 24 March 2022 entitled ‘Humanitarian consequences of the aggression against Ukraine’, while 140 countries voted in favour;

whereas the EU is India’s third-largest trading partner and leading foreign investor, while India is the EU’s ninth-largest trading partner and only accounted for less than 2,1 % of its total trade in goods in 2021; whereas there is untapped potential for stronger, deeper and mutually beneficial economic cooperation, as long as European standards are protected, which could lead to the creation of new jobs and increased opportunities for both partners;

F.	whereas the ASEAN-India Free Trade Area (AIFTA), including the Trade in Goods Agreement, the Trade in Services Agreement and the Investment Agreement, has existed since 2003;

whereas the EU’s strategic framework for India vested in the EU-India Strategic Partnership, its Global Strategy, its Strategy on India, its Strategy for EU-Asia Connectivity, its India-EU Connectivity Partnership, the India-EU Human Rights Dialogue and the EU Strategy for Cooperation in the Indo-Pacific have highlighted the vital importance of cooperating with India on the EU’s global agenda; whereas on 25 April 2022 the EU and India agreed to set up a Trade and Technology Council;

whereas India still faces important challenges in relation to sustainable development, human rights and the environment, notably with respect to the situation of minorities and fundamental freedoms; whereas Parliament voiced its concern on the Citizenship (Amendment) Act, 2019 (CAA), which excludes Muslims from citizenship protection;

whereas India has not yet ratified all the fundamental International Labour Organization (ILO) conventions, namely the Freedom of Association and Protection of the Right to Organise Convention (No 87) and the Right to Organise and Collective Bargaining Convention (No 98); whereas the workforce of the informal economy of India still accounts for more than 90 % of the entire workforce; whereas this leaves millions of people without social insurance and leading a life in uncertainty (7);

Calls on the Commission, the Council of the European Union and the European External Action Service to pursue all efforts to improve and deepen the relationship with India, a strategic partner of the EU; reiterates the need for a deeper partnership based on the shared values of freedom, democracy, pluralism, the rule of law, good governance, equality, respect for human rights, labour rights, women’s rights and gender equality, a commitment to promoting an inclusive, coherent and rules-based global order, effective multilateralism and sustainable development, fighting climate change, and promoting peace and stability in the world;

Welcomes the EU-India agreement on launching a Trade and Technology Council, which will strengthen our strategic partnership, and pledges support for its implementation; considers this new mechanism a meaningful forum to address new challenges in the area of trade, technology and security, and underlines the importance of boosting trade in technology, paying special attention to technologies combating climate change;

Recalls that EU-India trade increased by more than 70 % between 2009 and 2019 and that both parties share a common interest in fostering closer and deeper economic ties; recognises that India is an important partner for the EU to diversify its supply chains; further recognises that there are sensitivities on both sides, but believes that these could be addressed to create a win-win situation for both partners;

Points out that the ‘farm to fork’ strategy includes the obligation to reduce the use of pesticides by 50 % by 2030 and to increase the proportion of agricultural land under organic farming to 25 %;

Expects a swift follow-up to the EU-India leaders’ meeting of May 2021 in order to openly address values-based cooperation at the highest level in matters of trade and investment; welcomes both partners’ readiness to work towards the conclusion of an ambitious, values-based, balanced, comprehensive and mutually beneficial trade agreement, as well as a stand-alone investment protection agreement and an agreement on geographical indications;

Stresses the economic and strategic importance of this agreement, which will only succeed if it manages to progressively align the EU and India towards a shared agenda and values in relation to sustainable development in order to generate shared prosperity, growth and employment, boost competitiveness, fight poverty, make progress towards achieving the Sustainable Development Goals (SDGs), promote the fight against climate change and the implementation of the Paris Agreement, support workers’ rights and fundamental freedoms, and promote gender equality and women’s empowerment, and if it explicitly takes into account the outcome of the ongoing trade and sustainable development (TSD) review process;

Notes that the EU is India’s largest trading partner in the agri-food sector; recalls that the agricultural sector is a significant part of the Indian economy, and accounts for 41 % of Indian employment; highlights the sensitivity, but also the potential, of certain agricultural sectors in both the EU and India; stresses that any greater market access for agricultural products should not result in giving either party an unfair competitive advantage; draws attention to the need to ensure that agri-food imports from India meet EU health and safety standards; considers that the EU should support India in helping its farmers reduce the use of pesticides; stresses the need for the EU and India to cooperate closely to address the repercussions on food security of the ongoing Russian war in Ukraine;

Points out that one of the objectives of the future EU-India trade and investment agreements is to strengthen the economic, trade and investment relationship between the EU and India in full compliance with internationally recognised human rights and environmental and labour standards and agreements, to create a sound, transparent, open, non-discriminatory and predictable regulatory and business environment for companies on both sides, and to unlock the untapped potential of two-way economic cooperation between the EU and India;

Reaffirms its condemnation in the strongest possible terms of the illegal, unprovoked and unjustified war of aggression against Ukraine by the Russian Federation; acknowledges the neutral position of India since its independence; points out that the EU and India are willing to work together for a prosperous and peaceful world, yet regrets India’s hesitancy to condemn the Russian Federation’s military aggression against Ukraine; underlines the importance of democracies working together and aligning on core areas, and especially on fundamental values and open, rules-based and sustainable trade;

10.

Considers that the existing negotiating mandate for a trade agreement, a separate investment protection agreement and an agreement on geographical indications is comprehensive and broad enough for negotiations to restart, and should be interpreted in line with modern standards; takes the view that it is necessary to ensure that the prospective comprehensive trade agreement has environmental and human rights standards as core elements and contains as integral parts thereof a dedicated chapter for SMEs, a dedicated digital trade chapter, a dedicated chapter on raw materials to increase market access, and an ambitious and enforceable TSD chapter aligned with the Paris Agreement; believes, furthermore, that the agreement should include provisions on sustainable food systems and on gender;

11.

Calls on the Indian Government to present a roadmap towards the ratification of the two remaining fundamental ILO conventions, Nos 87 and 98, and believes that their principles are to be duly and properly implemented in a timely manner; stresses that given the informal nature of the Indian labour market there are many challenges related to the implementation and enforcement of international labour standards; encourages the Commission to ensure that the fundamental ILO principles are applied in the prospective trade agreement; calls on the Commission to ensure that the prospective trade agreement between the EU and India is in line with the European Green Deal, the ‘farm to fork’ strategy and COP26;

12.

Agrees with EU and Indian leaders that in order to maintain the momentum for restarting the negotiations, it is imperative to find solutions to long-standing market access issues; encourages the negotiators, therefore, to find swift solutions to the long-standing market access issues across both governance levels and sectors (e.g. cars, car parts, agriculture, medical devices, pharmaceuticals, sanitary and phytosanitary (SPS) irritants, public procurement, non-tariff barriers such as quality control orders, certification, compliance with international standards and localisation requirements), while not compromising on content in favour of a speedy conclusion;

13.

Encourages the negotiators to make good progress in achieving a comprehensive, mutually beneficial, state-of-the-art, WTO-compatible and rules-based free trade agreement, giving priority to areas conducive to sustainable growth and addressing inequalities and the digital and green just transitions, as follows:

(i)	the comprehensive elimination of tariffs and quotas on a reciprocal basis, while paying attention to sensitive products and ensuring that reductions will not be compensated by an increase in domestic taxes and levies, including at state level, on imported products;

(ii)	expedited, more transparent and less onerous customs, as well as a comprehensive single-window electronic certification process and the removal of disproportionate import bans;

(iii)

transparent and expeditious market access approval, regionalisation and audit procedures, underpinned by scientifically justified SPS import measures, by international standards and by disciplines that go beyond the WTO SPS Agreement; the agreement should seek to ensure SPS-related cooperation and the quick approval by India of all the existing and future market access applications, including those delayed by trial shipments and certification issues;

(iv)

the elimination of an increasing number of technical barriers to trade, including a review of barriers to ICT, medical devices, toys, alcoholic beverages, polished diamonds, agricultural products, food and steel; the agreement should seek compliance with the international standards of the International Organization for Standardisation (ISO), International Electrotechnical Commission (IEC) and International Telecommunication Union (ITU), go beyond the WTO Technical Barriers to Trade Agreement, ensure that there is no duplication of testing and certification, and streamline licensing schemes, quality control orders and clinical investigations;

(v)

a comprehensive chapter on public procurement at all levels of governance in order to enforce the principles of transparency and non-discrimination in public procurement through effective remedy procedures; calls, in this respect, for India to accede to the WTO Agreement on Government Procurement and to prohibit discriminatory ‘buy national’ practices, such as certain practices related to ‘Make in India’ and ‘Atmanirbhar Bharat’ (‘Self-reliant India’), since they aim to favour domestic manufacturing and discourage imports and significantly affect market access for EU companies;

(vi)	ensuring a level playing field in subsidies and the commercial practices of state-owned enterprises;

(vii)

a comprehensive chapter on high-level protection for intellectual property rights (IPR), focusing inter alia on cooperation provisions and technology transfers, which should facilitate a non-restrictive and swift patent application process and the rapid and effective enforcement of IPR standards including, the protection of geographical indications (GIs); however, special attention must be paid to India’s ability to produce affordable generic medicines for domestic health needs or for exports to other developing countries in need, in line with the Doha Declaration on the TRIPS Agreement on Public Health;

(viii)

a dedicated chapter on SMEs in order to take into account SMEs’ specific needs and provide legal certainty; underlines the need for a business-friendly regulatory environment for SMEs, including harmonised and simplified customs procedures and reduced administrative and regulatory burdens in order to overcome all tariff and non-tariff barriers preventing SMEs from entering the Indian market; highlights the need to facilitate information sharing on market access, trade regulations, trade procedures and rules of origin;

(ix)

the inclusion of an ambitious TSD chapter guaranteeing values-based cooperation in trade and investment and promoting the highest international standards on labour rights, including strong action to eliminate child labour and forced labour, ensure environmental protection and promote gender equality, inspired by the most recent and modern EU free trade agreements; underlines that sustainability needs to be transversally reflected in the agreement through enforceable provisions taking into account the TSD review;

(x)	the establishment of modern, SME-friendly, harmonised and reciprocal rules of origin, in line with the EU’s most modern and comprehensive free trade agreements;

(xi)	the inclusion of the newly presented circular economy action plan to ensure less waste and consumer empowerment, making sustainable products the norm and leading global efforts towards a circular economy;

(xii)

the prohibition of non-automatic import or export licensing procedures, except in justified cases;

(xiii)

the removal of all discriminatory and disproportionate obstacles to establishment in both the services sector and the manufacturing sector, as well as to the supply of cross-border services, in order to ensure a level playing field between EU and Indian service providers;

(xiv)

enhanced digital trade rules grounded in EU standards and global practices; considers, in particular, that 5G must not be deployed using mandatory technology transfer such as the forced disclosure of source codes, algorithms and encryption keys;

(xv)	the confirmation of both sides’ rights and obligations under the WTO agreements (anti-dumping, anti-subsidy and safeguards), the exploration of areas of common interest that go beyond these WTO standards, and the inclusion of a temporary bilateral safeguard mechanism;

(xvi)

a guarantee of good governance and the rule of law and a solution to the obstacles created by legal uncertainty;

14.

Recalls that SMEs are the backbone of the socio-economic development of India and account for 45 % of the country’s total industrial production; believes that India and the EU should continue to work towards ensuring a conducive and stable business environment for SMEs, facilitating their access to international markets and allowing them to take full advantage of trade opportunities; welcomes, in this regard, the setting up of the India IP SME Helpdesk, which provides SMEs with first-line support on how to protect and enforce their IPR, and calls on the Commission to build on this initiative to create further digital platforms that would help to reduce trade costs and administrative burdens, while increasing SMEs’ participation in international trade;

15.

Asks both parties to consider providing interoperable data flows between the jurisdictions of India and the EU in total compliance with the General Data Protection Regulation (8) on the basis of an assessment; invites India to align its new Data Protection Bill with the highest internationally recognised standards on data protection and privacy rules; invites India to join the EU initiative on international data protection standards;

16.

Invites the EU’s negotiating team, as well as the EU institutions and the Member States, to make best use of India’s commitment to multilateralism and an international rules-based trading order and calls on India to play a constructive role to secure meaningful results at the WTO’s 12th and 13th Ministerial Conferences; applauds the EU and India’s co-sponsored reform proposal for the WTO Dispute Settlement Body and calls on India to join the multi-party interim appeal arbitration arrangement; commends the commitment of EU and Indian leaders to enhancing coordination on global economic governance, notably in the WTO and G20; expects to be briefed about the results of the EU-India Senior Officials’ Dialogue, which aims to deepen bilateral cooperation on WTO issues under the auspices of the High-Level Dialogues on Trade and Investment;

17.

Regrets that uncertainties remain for EU investors, notably as a result of India’s decision to unilaterally terminate all its bilateral investment treaties in 2016;

18.

Takes note of both sides’ readiness to negotiate a stand-alone investment protection agreement, which would increase legal certainty for investors on both sides and further strengthen bilateral trade relations, attracting more EU investments in India, and upholds the possibility for parties to exhaust domestic remedies; recommends working towards the achievement of common and mutually beneficial objectives in these areas in order to foster sustainable economic growth and innovation; emphasises that such an agreement should, inter alia, contain protections against origin-based discrimination, unlawful expropriation, the denial of justice, fundamental breaches of due process, manifest arbitrariness, targeted discrimination on manifestly wrongful grounds and abusive treatment; proposes carrying out a comprehensive impact assessment before the end of the negotiations; welcomes Indian investments in Europe as a driver of economic dynamism, increased competitiveness and diversified production;

19.

Reaffirms that an investment protection agreement could be an adequate stepping stone for further strengthening bilateral trade relations; encourages the negotiators to agree on the founding of a multilateral investment court, and on a dedicated EU-India investment court system as a temporary solution with a view to the founding of a multilateral investment court, to which both the EU and India should adhere;

20.

Welcomes the leaders’ commitment to concluding a separate agreement on GIs, be it a stand-alone agreement or integrated within the comprehensive trade agreement; considers such an agreement a priority for the EU farming and agri-food sectors in order to protect EU GIs, calls on the Commission to work towards creating a comprehensive list of EU GIs;

21.

Stresses the need for the EU to champion human rights and the right to food as a central principle and priority of food systems and as a fundamental tool to transform food systems; calls for the EU to implement the UN Declaration on the Rights of Peasants and Other People Working in Rural Areas and ensure that the most marginalised have access to nutritious foods;

22.

Notes that while India’s legal order allows the cultivation of genetically modified organisms (GMOs) for the purpose of processing them into food and feed, its GMO regime is similar to the EU’s in terms of rigorousness and strictness;

23.

Notes the importance of progressing decisively in banning all antibiotics and veterinary drugs that do not conform to the Codex Alimentarius food standards;

24.

Stresses that the EU must ensure that, under the cooperation agreement with India, the level of mutual cooperation be improved and that all EU economic, social, environmental, health, safety and quality standards be respected by both parties;

25.

Urges the Commission to carry out a study of the possible economic impact of this agreement, bearing in mind that agriculture and stockbreeding in India are not subject to the EU regulations that increase the costs of production in Europe, which may lead to unfair competition, as has already been the case with other agreements with non-EU countries;

26.

Calls on the Commission to ensure that the text of the agreement, as consistently done in previous EU free trade agreements, protects the EU’s common single market by preventing:

(i)	the importation of non-authorised GMOs in foodstuffs, feed and seeds;

(ii)	the importation of agricultural products and foodstuffs with higher levels of pesticide residues than allowed for in EU law, through the systemic application of EU rules on maximum residue limits;

(iii)

the importation of agricultural products and foodstuffs produced using hormonal preparations banned in the EU;

(iv)	the introduction of antimicrobial-resistant strains of microbes;

27.

Recalls that, on 14 December 2021, India incurred WTO disapproval on account of the enormous subsidies granted to its sugar production and export activities; calls therefore for the suspension of the 10 000 MT CXL quota for Indian sugar, as a review of subsidies that breach WTO rules is not being envisaged; requests that the upcoming EU-India trade negotiations make sure that WTO-incompatible sugar subsidies be removed;

28.

Welcomes the establishment of two joint working groups to ramp up regulatory cooperation on goods and services, including on green and digital technologies and on resilient supply chains, in consultation with representatives of different stakeholders on an equal footing; stresses the crucial role of the High-Level Dialogues on Trade and Investment for ensuring good progress overall, including on long-standing market access issues; expects to be briefed promptly and regularly about the results of these dialogues;

29.

Calls on the negotiators, as a matter of priority, to agree on the establishment of a bilateral ex ante and ex post consultation platform between the EU and India designed to facilitate discussions and consultations in advance of any new measures or subsidies that could negatively affect trade or investment; believes that such a platform should facilitate dialogue with representatives of a wide range of stakeholders, including social partners and civil society organisations; takes the view that business and industry associations should be able to bring any new trade or investment irritants to the attention of the secretariat of this platform; believes that the platform should eventually be made an integral part of the governance framework of the future trade agreement;

30.

Considers that the governance of a potential EU-India free trade agreement should entail a joint committee providing joint monitoring, structured dialogue and oversight by the European Parliament and both chambers of the Parliament of India; stresses that the involvement of civil society in monitoring the implementation of the agreement is crucial, and calls for the swift establishment of domestic advisory groups following the entry into force of the agreement and for the balanced representation of business organisations, trade unions and civil society, including independent organisations from the labour and environmental sectors;

31.

Instructs its President to forward this resolution to the Council, the Commission, and the Government and Parliament of India.

(1) OJ L 209, 14.6.2021, p. 1.

(2) OJ C 337, 20.9.2018, p. 48.

(3) OJ C 456, 10.11.2021, p. 117.

(4) OJ C 506, 15.12.2021, p. 109.

(5) OJ C 270, 7.7.2021, p. 2.

(6) OJ C 99, 1.3.2022, p. 10.

(7) https://www.ilo.org/wcmsp5/groups/public/---ed_emp/---ifp_skills/documents/publication/wcms_734503.pdf

(8) 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) (OJ L 119, 4.5.2016, p. 1).

7.2.2023

Official Journal of the European Union

C 47/30

P9_TA(2022)0278

Towards a common European action on care

European Parliament resolution of 5 July 2022 towards a common European action on care (2021/2253(INI))

(2023/C 47/04)

The European Parliament,

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

—

having regard to the objectives established under Article 3 TEU, in particular combating social exclusion and discrimination, promoting social justice, equality between women and men, solidarity between generations and the protection of the rights of the child, as well as economic, social and territorial cohesion,

—	having regard to the Article 8 on gender mainstreaming, enshrining the EU’s aim to eliminate inequalities and promote equality between women and men, and to the horizontal social clause in Article 9 of the Treaty on the Functioning of the European Union (TFEU),

—	having regard to the social policy objectives set out in Articles 151 and 153 TFEU,

—	having regard to the revised European Social Charter, in particular its articles 15,on the right of persons with disabilities to independence, social integration, and participation, and 23 on the right of older persons to social protection,

—

having regard to the Charter of Fundamental Rights of the European Union (the ‘Charter’), in particular its Article 25 on the right of older persons to lead a life of independence and dignity and Article 26 on the integration of persons with disabilities, and the European Convention for the Protection of Human Rights and Fundamental Freedoms, as referred to in Article 6 TEU,

—	having regard to the principles of the European Pillar of Social Rights (EPSR), in particular principle 17 on inclusion of persons with disabilities and principle 18 on the right to long-term care,

—	having regard to the UN Decade on Healthy Ageing 2021-2030 and the WHO Framework for countries to achieve an integrated continuum of long-term care (1),

—	having regard to the EPSR Action Plan and its 2030 headline targets,

—	having regard to the UN Sustainable Development Goals (SDGs), in particular goals No 3 on ‘Good Health and Well-being’, No 5 on ‘Gender Equality’, No 8 on ‘Decent Work and Economic Growth’ and No 10 on ‘Reduced Inequalities’,

—

having regard to the thematic report of the UN Independent Expert on the Enjoyment of All Human Rights by older Persons of 22 July 2020 on the impact of the coronavirus disease (COVID-19) on the enjoyment of all human rights by older persons A/75/2020 (2),and her statement on Autonomy and care of older persons to the 30th Session of the UN Human Rights Council (3),

—

having regard to the International Labour Organization (ILO) conventions and recommendations, and in particular C149 Nursing Personnel Convention of 1977 and its accompanying Recommendation No. 157, C183 Maternity Protection Convention of 2000 and its accompanying Recommendation No 191, C189 Domestic Workers Convention of 2011 and its accompanying Recommendation No 201, C190 Violence and Harassment Convention of 2019 and its accompanying Recommendation No 206, and Social Protection Floors Recommendation No 202,

—	having regard to the 19 December 2019 ILO report entitled ‘The Employment Generation Impact of Meeting SDG Targets in Early Childhood Care, Education, Health and Long-Term Care in 45 Countries’,

—	having regard to the ILO Resolution concerning a global call to action for a human-centred approach from the COVID-19 crisis that is inclusive, sustainable and resilient, adopted at the 109th Session of the International Labour Conference in June 2021,

—	having regard to the ILO report of 7 March 2022, entitled ‘Care at work: Investing in care leave and services for a more gender equal world of work’,

—	having regard to the UN Convention on the Rights of Persons with Disabilities (UN CRPD),

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

—	having regard to the UN Convention on the Rights of the Child (UNCRC),

—	having regard to Commission President Ursula von der Leyen’s political guidelines,

—	having regard to the Commission’s work programme for 2022,

—	having regard to Regulation (EU) 2021/1057 of the European Parliament and of the Council of 24 June 2021 establishing the European Social Fund Plus (ESF+) (4),

—	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 (5),

—

having regard to Regulation (EU) 2020/2221 of the European Parliament and of the Council of 23 December 2020 amending Regulation (EU) No 1303/2013 as regards additional resources and implementing arrangements to provide assistance for fostering crisis repair in the context of the COVID-19 pandemic and its social consequences and for preparing a green, digital and resilient recovery of the economy (REACT-EU) (6),

—	having regard to Regulation (EU) 2021/522 establishing a Programme for the Union’s action in the field of health (‘EU4Health Programme’) for the period 2021-2027 (7),

—	having regard to the OECD and European Commission joint ‘State of health’ initiative,

—	having regard to Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and repealing Council Directive 2010/18/EU (8),

—	having regard to Directive 2000/43/EC of the Council of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (9),

—	having regard to Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (10),

—	having regard to Directive (EU) 2022/431 of the European Parliament and of the Council of 9 March 2022 amending Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (11),

—	having regard to Council Recommendation (EU) 2021/1004 of 14 June 2021 establishing a European Child Guarantee (12),

—	having regard to the Commission’s Communication of 5 March 2020 entitled ‘A Union of Equality: Gender Equality Strategy 2020-2025’ (COM(2020)0152),

—	having regard to the Commission’s communication of 26 April 2017 entitled ‘An initiative to support work-life balance for working parents and carers’ (COM(2017)0252),

—	having regard to the Commission Action Plan to boost the social economy and create jobs of 9 December 2021,

—	having regard to the Commission’s Green Paper on Ageing of 27 January 2021 (COM(2021)0050),

—	having regard to the Commission's communication entitled ‘A Long-Term Vision for Rural Areas’ of 2021,

—	having regard to the Ministerial Declaration adopted at the fourth UN Economic Commission for Europe Ministerial Conference on Ageing in Lisbon on 22 September 2017 entitled ‘A Sustainable Society for all Ages: Realizing the potential of living longer’,

—

having regard to the Commission proposal of 4 March 2021 for a directive of the European Parliament and of the Council to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms (COM(2021)0093),

—	having regard to the Commission proposal of 28 October 2020 for a directive of the European Parliament and of the Council on adequate minimum wages in the European Union (COM(2020)0682),

—	having regard to European Economic and Social Committee (EESC) Opinion SOC/687-EESC-2021 of 19 January 2022 entitled ‘Towards a New Care Model for the Elderly: learning from the COVID-19 pandemic’,

—	having regard to European Economic and Social Committee (EESC) Opinion SOC/535- EESC-2016 of 21 September 2012 entitled ‘The rights of live-in care workers’,

—	having regard to the 2021 Long-term care report prepared by the Social Protection Committee (SPC) and the European Commission (DG EMPL) on ‘Trends, challenges and opportunities in an ageing society’,

—	having regard to the opinion of the Expert Panel of 23 June 2021 on effective ways of investing in health on supporting mental health of health workforce and other essential workers,

—	having regard to the EPSCO Council conclusions of 14 June 2021 on the Socio-Economic Impact of COVID-19 on Gender Equality (ST 8884/21),

—	having regard to its resolution of 15 November 2018 on care services in the EU for improved gender equality (13),

—	having regard to its resolution of 21 January 2021 on the gender perspective in the COVID-19 crisis and post-crisis period (14),

—	having regard to its resolution of 21 January 2021 on the EU Strategy for Gender Equality (15),

—	having regard to its resolution of 10 March 2022 on the EU Gender Action Plan III (16),

—	having regard to its resolution of 21 January 2021 on access to decent and affordable housing for all (17),

—	having regard to Council recommendation of 22 May 2019 on high-quality early childhood education and care systems (18),

—	having regard to its resolution of 11 March 2021 on children’s rights in view of the EU Strategy on the rights of the child (19),

—	having regard to its resolution of 10 July 2020 on the EU’s public health strategy post-COVID-19 (20),

—	having regard to its resolution of 16 February 2022 on strengthening Europe in the fight against cancer — towards a comprehensive and coordinated strategy (21),

—	having regard to its resolution of 17 December 2020 on a strong social Europe for Just Transitions (22),

—	having regard to its resolution of 7 July 2021 on an old continent growing older –possibilities and challenges related to ageing policy post-2020 (23),

—	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 its resolution of 18 June 2020 on the European Disability Strategy post 2020 (24),

—	having regard to its resolution of 29 November 2018 on the situation of women with disabilities (25),

—	having regard to the Commission communication of 28 June 2021 entitled ‘EU strategic framework on health and safety at work 2021-2027 — Occupational safety and health in a changing world of work’ (COM(2021)0323),

—	having regard to its resolution of 10 March 2022 on a new EU strategic framework on health and safety at work post 2020 (including better protection of workers from exposure to harmful substances, stress at work and repetitive motion injuries) (26),

—	having regard to the ETUI/EPSU report on Pay transparency and role of gender-neutral job evaluation and job classification in the public services,

—	having regard to the Council recommendation of 8 November 2019 on access to social protection for workers and the self-employed (27),

—	having regard to the activities of the ELA and in particular its collaboration with Member States in tackling undeclared work,

—	having regard to the European Institute for Gender Equality (EIGE) Gender Equality Index 2021 and its thematic focus on health,

—	having regard to Rule 54 of its Rules of Procedure,

—	having regard to the report of the Committee on Employment and Social Affairs and the Committee on Women’s Rights and Gender Equality (A9-0189/2022),

whereas social rights are part of human rights and constitutional rights, women’s rights are fundamental human rights, and whereas the Venice Commission of the Council of Europe, the ECtHR and the Charter underline that human rights are part of the rule of law; whereas the EPSR Action Plan sets out concrete initiatives for the implementation of principles that are essential for building a stronger social Europe for just transitions and recovery, such as gender equality, equal opportunities, work-life balance, childcare and support to children, inclusion of persons with disabilities and long-term care; whereas expanding and strengthening the value and the rights of the care workforce will be a prerequisite for the implementation of these initiatives, including those pertaining specifically to both principles 17 and 18; whereas the European Semester and the Social Scoreboard should be used to step up a fairer, equal, sustainable and resilient society; whereas the enjoyment of the highest attainable standard of health is a fundamental right and a high level of health protection is to be ensured and implemented through all Union policies and activities; whereas access to quality public services is a decisive factor in quality of life as a part of care strategy and increased investments in the sector;

B.	whereas children represent 18,3 % of the EU population (28); whereas in 2020, there were 47,5 % of households in the EU that had at least one child and 14 % of the households consisted of children and a single parent (29), the majority of which were women;

whereas the large majority of care givers and providers, both formal and informal, paid and unpaid, are women; whereas care responsibilities within the household shape the ability, duration and type of paid work women can undertake throughout their working life-cycle thus influencing their participation in the social, economic, cultural and political life; whereas stereotypes surrounding women being better care givers and the perception of unpaid care and domestic work being ‘women’s work’ reinforce the ‘male breadwinner — female carer’ model, which continues to shape access to social rights hence impacting women`s economic independence; and contributing to the undervaluation and economic invisibility of care, especially contribution of family carers, as well as undervaluation of care workers in private and public institutions;

whereas 80 % of all long-term care in Europe is provided by informal carers (30), overwhelmingly women, deprived of fair working conditions, mostly unpaid and/or without adequate social support, which makes care an extremely gendered issue; whereas informal care provision is associated with lack of rights such as sick leave and annual leave, as well as maternity, paternity and parental leaves reduction of employment rates, increase of poverty and social exclusion rates, reduced mental health and increased feelings of social isolation and loneliness, which negatively impacts on their physical and mental health, well-being and social inclusion; whereas women’s contribution in unpaid care work adds an estimated USD 11 trillion (31) to the global economy each year, which is equivalent to 9 % of global GDP (32);

E.	whereas 15,4 % of young people not in employment, education or training (NEET) are in this situation because they are caring for children or incapacitated adults or have other family responsibilities; whereas 88 % of those NEETs are women (33);

whereas it is necessary to recognise that all human beings rely on care to different degrees depending on, among others, age, socioeconomic status, physical endowment and personal background from childhood to old age; whereas care should be differentiated from support for persons with disability or health condition; whereas the societal and economic value of care work, both paid and unpaid, is not valued and recognized and needs to be reassessed and put into the heart of economic policies; whereas social, gender equality and economic impacts of those with caring responsibilities should be urgently addressed, particularly in view of demographic changes;

whereas all Member States and the EU are bound by the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), including its Article 19 on adopting effective and appropriate measures guaranteeing equal right of all persons with disabilities to live independently, to participate and be included in the community; whereas equal and effective access to affordable quality care and support services is an essential prerequisite for the independent living of persons with disabilities, their participation in the community life and social inclusion;

whereas care encompasses all services supporting autonomy and independence of persons in need of care, as well as the physical, psychological, emotional, social, personal and household needs of individuals and groups in vulnerable situations; whereas care should be recognised as a right that guarantees the equal exercise of the rights, dignity, autonomy, inclusion and well-being of people in need of care; whereas the European Union can complement and support Member State action in improving care services, for those who are cared for and those who provide care;

I.	whereas care work means a variety of services carried out by individuals, families, communities, paid service providers, public organisations and state institutions in different types of settings, ranging from institutions to private households;

whereas the Commission defines personal and household services (PHS) as ‘a broad range of activities that contribute to well-being at home of families and individuals, including childcare, long term care and for persons with disabilities, household chores, remedial classes, home repairs, gardening, ICT support’; whereas PHS include care and non-care, direct and indirect services; whereas at global level, PHS are usually described under the term domestic work; whereas the inclusion of domestic workers in the care workforce therefore recognises that care provision includes not only personal care, but also non-relational indirect care, which provides the necessary preconditions for the provision of personal care; whereas in personal and household services, care and non-care activities are highly intertwined with a vast proportion of workers performing both and thus belonging to the care workforce;

whereas access to quality care and creation of age-friendly environments are essential for a longer, healthy and active life; whereas the number of persons in the EU in need of the long-term care is projected to rise from 30,8 million in 2019 to 38,1 million in 2050 (34); whereas several Member States already face labour shortages in the long-term care sector that only risk increasing as demand for long-term care increases, and whereas this requires investments in the labour force and their decent employment and working conditions;

whereas the COVID-19 crisis highlighted the key role played by workers in personal and household services within our societies, demonstrating the urgent need to ensure full recognition for these workers in all Member States together with collective bargaining rights, social security and social protection; whereas due to the persisting lack of proper recognition of these workers in several Member States, many of them have lost their job during the COVID-19 pandemic without being able to benefit from state wage compensation and job retention schemes; whereas the pandemic resulted in the loss of accommodation for many workers in personal and household services, as well as exposed them to violence and harassment at work;

whereas despite the fact that throughout the life course, each individual at least once assumes the roles of a carer and of a care recipient, there is stigma and stereotypes surrounding interdependence, physical or mental disability, disease and frailty and the need for care and support that intersect with other grounds of discrimination, above all gender, sexual orientation, age, disability, nationality, colour, ethnic or social origin, genetic features, as well as socio-economic or immigrant and other disadvantaged backgrounds, aggravating the risk of poverty or social exclusion;

whereas the EU population is ageing with 19 % of EU citizens being 65 or older in 2018 (35); whereas age discrimination and unmet, unseen and unrecognized care needs are still a persisting problem in care in Europe; whereas the number of people who are dependent on the assistance of others or have health and long-term care needs increases with age;

whereas rheumatic and musculoskeletal diseases (RMDs) are among the world’s most prevalent, disabling and burdensome non-communicable diseases, affecting over 100 million Europeans, and account for over 50 percent of Years Lived with Disabilities (YLDs) in Europe; whereas due to their prevalence, disabling consequences, and links to high incidence of co-morbidities, people with RMDs are a significant source of demand for long-term formal and informal care in Europe;

whereas many care and domestic workers have an ethnic minority background or are migrants (36) facing a highly precarious situation and experiencing intersectional discrimination due to their race or ethnicity, gender, socioeconomic status and nationality and provide live-in care work with often unlimited hours, violating working time legislation in the formal and informal economy; whereas these workers are mostly women who do not have an official job contract, are thus more vulnerable to exploitation and often lack access to their rights in particular to decent work and social protection;

whereas there is a lack of high quality, accessible, available and affordable care services in all Member States, including in rural regions especially affected by ageing population; whereas the monitoring of formal and informal care and form and means of existing care services are hampered by the lack of data, including disaggregated data, the lack of quality indicators, such as the European Time Use Survey (ETUS) of evaluation and monitoring of services provided, implementation roadmaps, the lack of knowledge among healthcare providers about temporary disabling diseases;

whereas one of the most fundamental rights regarding care and support is the right to choose the type and location of service; whereas the right to choose one’s type of care is often undermined by the insufficient availability of in-home support and personal assistance; whereas personal assistance is too rarely sufficiently supported by the Member States and remains unaffordable for too many; whereas as much as 75 % of older persons in need of long-term care report that they would find themselves below the risk-of-poverty threshold if they were forced to purchase homecare services at the full market cost (37); whereas even in the majority of the most economically developed countries, social protection systems cover less than 40 % of the total costs of long-term care for people with moderate needs (38); whereas Member States must ensure the provision of quality and adequately funded and functioning care services, social protection systems and better integration of quality long-term care in them which is of crucial importance for improving social fairness and will contribute to gender equality;

whereas the COVID-19 pandemic has exacerbated and made more visible the existing inequalities and challenges showcasing the many structural problems, entrenched in Europe's social care system, i.e. such as under-resourced care facilities and health care systems or lack of investment; in terms of access to formal care and domestic services, including to timely, affordable and high-quality medical treatment, and has highlighted pre-existing crises in the care sector due to heavily increased workload in the sector, care workforce shortages, underfinanced, strained health-care systems, overreliance on informal unpaid care or undeclared work; whereas these lead to increases in psychosocial risks faced by the care workers that remain in the sector, who are predominantly women; whereas the challenges of the pandemic resulted in loneliness and social isolation and increased the risk of abuses, neglect, deteriorated physical and mental health of people in need of care, and the general well-being of all generations across the EU, particularly where pre-pandemic levels of investment in care were lower (39); whereas these long-term effects on individuals’ health and well-being as well as social and economic consequences are yet to be fully assessed and mainstreamed in the relevant policy areas;

whereas the needs of informal carers are unmet in Europe and the COVID-19 pandemic shed light to the difficulties of informal carers and of people receiving informal care and revealed the disproportionate reliance on women and girls (40); whereas the lack of recognition of personal and household services workers and/or the misclassification of their employment status has meant that many who lost employment during the COVID-19 pandemic were unable to access social protection measures;

whereas the COVID-19 pandemic has aggravated existing gender inequalities, especially in terms of an increase in unpaid care work and work-life imbalance and resulted in a double burden for many women, who had longer shifts at work and additional informal care at home; whereas before the COVID-19 pandemic (41), 37,5 % of women in the EU cared for children, older persons, or people with disabilities every day, compared with 24,7 % of men; whereas the pandemic added up to an average of some additional 13 hours of unpaid work per week for women (42); whereas women who are working from home, part-time or are unemployed have faced vaster pressure, as they have continued to perform the majority of family caring responsibilities and domestic work (43); whereas all effects of the COVID-19 pandemic are not yet fully known and its socio-economic impact on women will continue;

whereas according to the World Health Organization up to half of the COVID-19 deaths in Europe were of residents in long-term care facilities (44); whereas more than 70 % of the social and health workers fighting COVID-19 on the front line were women, many of whom have faced the effects and also long-lasting effects of the COVID-19 infection, were isolated, and experienced unprecedented levels of stress, anxiety, depression, suicides and even post-traumatic stress disorder; whereas, in 2021, 30 % of nurses were leaving the profession in the EU (45); whereas high incidence and mortality rates due to COVID-19 in long-term care facilities, including by lack of access to protective equipment, testing and medical treatment, highlighted the systemic weaknesses related to the too slow transition from institutional care to family- and community-based care services, staff shortages arising from difficulties in attracting and retaining the workers, poor employment and working conditions, lack of career development opportunities for workers in the care sector, difficulties for the cross-border carers, as well as the lack of support and access to social security for informal carers;

whereas in addition to the unmet medical needs, the COVID-19 pandemic has had a dramatically negative impact on the access to education, decent housing and services that are essential for the well-being and development of children, generating an additional burden in care and education duties for all parents, above all women and single parents (46); whereas the empirical evidence confirms that the reduction of care services and increase in unpaid care work carried out by women during the COVID-19 pandemic has re-established and reinforced gender inequalities;

whereas the provision of quality care depends on the existence of a sufficiently large, well-trained, motivated and specialised workforce, the creation of attractive and decent working conditions through social dialogue and collective bargaining, adequate and fair wages, as well as integrated services and adequate public funding; whereas the care sector has long been facing workforce shortages and in the years 2019 to 2020, 421 000 workers left the residential care sector (47); whereas quality care work is a skilled occupation, requiring training and experience and demand for skilled care workers will only increase in the coming years; whereas employment and ongoing training in the workplace through professionalization of the sector can contribute to an increased quality of provision of care services; whereas in a context of longer care pathways and evolution of practices and technologies, caregivers are accumulating expertise which has to be recognised; whereas the Acquired Rights Directive (2001/23/EC) must be applied whenever employee contracts are transferred to an acquiring care provider;

whereas in the European Union at least 3,1 million personal and household service workers are employed undeclared, lacking recognition and fundamental workers’ rights such as collective bargaining, social security and social protection (48); whereas undeclared work leads to lower protection for workers, facilitating labour exploitation and abuse, while representing as well a loss of income for Member States; whereas the conditions of undocumented third country nationals working in the care sector, are particularly challenging, in terms of their social rights and access to decent work conditions;

Z.	whereas the European Platform tackling undeclared work has become a permanent working group of the European Labour Authority (ELA), with the aim of increasing cooperation with Member State authorities in tackling undeclared work;

AA.

whereas studies show that more than 90 % of older people would like to live in their own homes at an advanced age; however only 20 % spends the last years of their life in their private accommodation and many of them live in institutional care facilities (49); whereas there is a lack of care services that are tailored to individual’s needs and preferences; whereas this requires (50) structures of care to be changed from centralised institutions to patient-centred, family and community-based care to better support the autonomy of persons in need of care and support, bringing tangible economic and social benefits and increasing the level of well-being of care recipients; whereas residential care often fails to meet the standards on supporting the independence of persons using these services, and is often associated with the end of one’s life, rather than as a place to live with dignity, flourish, and further participate in social and cultural life; whereas that shift has been non-existent or too slow and lacking resources and needs to take into consideration different needs and vulnerabilities of communities, such as in terms of income and others inequalities; whereas Member States should invest towards this direction;

AB.	whereas it is important to conduct further research on abuse in all care settings, to inform about the factors leading to these practices, promote awareness, training, detection, and fight against abuse for all professions involved in care, and create public platforms for reporting such practices;

AC.	whereas the labour-market tends to be gender segregated and undervalues sectors in which women represent the majority of the workforce; whereas in 2020, women's gross hourly earnings in the EU were on average 13,0 % below those of men (51);

AD.

whereas care often remains undervalued, receives little recognition, insufficient and often no financial compensation for informal carers; whereas the undervaluation in terms of pay and working conditions as well as the lack of visibility of care and domestic work are closely linked with prevailing gender roles and norms of women as caregiver and men as breadwinners and with a vicious circle of ‘double devaluation’, where care is often relegated to the most disempowered groups of society because of its lack of value and, in turn, the activity of care becomes devalued because it is carried out by the most disempowered groups and due to the fact that homecare and other personal and household care services are provided behind closed doors;

AE.

whereas feminisation of the care sector contributes to the gender employment, pay and pension gaps due to the proportion of women working in formal and informal care and can lead to an increased risk of poverty as well as reduced taxes paid to Member States, with a EUR 370 billion annual loss of GDP for Europe (52);

AF.	whereas women and migrants, in particular EU and non-EU mobile workers, dominate in the care sector, women representing 76 % of 49 million documented care workers in the EU (53) and more than 85 % in unpaid care in all Member States when considering both daily and weekly engagement (54);

AG.

whereas 6,3 million professionals work in long-term care, among whom women (81 %) are overrepresented and there are increasing numbers of workers aged 50+, part-time, precarious and platform workers, as well as migrant, informal and mobile workers, including live-in carers, (8 % of workers in the care sector are non-natives); whereas in 2020 migrant and mobile workers represented 28 % of personal care workers (55); whereas the care deficits in some regions of the EU are aggravated by this ‘care drain’ and the phenomenon of global care chains; whereas this makes it impossible to think of care along national borders only; whereas there are still obstacles that hamper the free provision of care services in the EU; whereas these workers are essential to our societies in terms of both public health and social inclusion for care recipients, who are sometimes isolated;

AH.

whereas in all the Member States, pay in the care and domestic work sectors is well below the average pay and lower than the pay that workers get for the same job in other sectors, especially in healthcare (56); whereas this is due to informal work, lower collective bargaining coverage in those sectors as well as the undervaluation of female-dominated sectors, such as care; whereas those employees working in the for-profit and non-profit sectors often do not have access to a workers representation and collective bargaining; whereas the difference in relation to the average pay is smallest in the Member States with collective agreements for parts of the sector (57); whereas workers representation, including trade unions, and collective bargaining are critical in representing and defending workers’ rights and interests in all care settings, as well as raising and maintaining standards across the care sector;

AI.

whereas the COVID-19 crisis has emphasised several challenges regarding the terms and conditions of employment of long-term care workers; whereas long-term care workers were at even greater risk of contracting COVID-19 than healthcare workers in hospitals due to lack of personal protective equipment and appropriate training to implement infection protocols and other prevention activities;

AJ.

whereas despite being emotionally gratifying for a large majority of carers, care often generates negative effects on carers’ physical and mental health and difficulties in reconciling care with paid work, which is particularly significant in the case of female carers (58); whereas formal and informal carers’ mental health have been disproportionately affected during the COVID-19 pandemics; whereas mental problems have increased during the pandemic increasing the care burden; whereas care work is often associated with working in shifts, at short notice and with long working hours; whereas health risks and poor working time quality are the main causes of relatively high absenteeism in the long-term care sector; whereas 38 % of care professionals believe that due to the adverse effects of their work they will not be able to continue working until they are 60 (59);

AK.	whereas in Europe, 33 % of long-term care workers have been exposed to some type of adverse social behaviour (including verbal abuse, threats and humiliating behaviour) and only 22 % of long-term care workers feel very satisfied with their working conditions (60);

AL.	whereas there are various forms of employment of formal live-in carers such as via care companies or temporary employment agencies and intermediaries;

AM.

whereas women represent the majority of the people receiving care and 44 million people in the EU provide informal long-term care to family members, neighbours or friends (61),most of them being women, and 12 % of women and 7 % of men providing informal long-term care do so for more than 40 hours per week (62); whereas almost 30 % of people over 65 are living with two or more non-communicable diseases (NCDs); whereas NCDs have a substantial and growing burden on patients, carers, societies and health systems;

AN.

whereas the high numbers of care recipients who are in need of informal care are directly linked to the unavailability, inaccessibility and unaffordability of quality professional services adjusted to their needs as well as the default choice of many Member States of unpaid informal care as the major source of care provision (63); whereas provision of informal care should be a choice and not a necessity due to lack the of available care services;

AO.	whereas a significant share of the formal live-in care sector operates in grey zone which affects badly quality of home care; whereas there is lack of data that allows to identify precisely number of carers in grey zone;

AP.

whereas women in the EU carry out 13 hours more of unpaid care and domestic work per week than men (64); whereas access to affordable and quality formal long-term care services for the dependent family members and unequal distribution of unpaid care and household work between men and women present crucial factors in determining whether women enter into and stay in employment and the quality of the jobs they have; whereas 7,7 million women in the EU remain out of the labour market owing to their informal care responsibilities, compared to just 450 000 men, and 29 % of women employed part-time refer to care duties as the main reason for taking up part-time work (65); whereas only 6 % of men say that the main reason for working part-time is because of caring responsibilities, compared to 29 % of women and only 64 % of fathers in EU provide care on a daily basis (66);

AQ.

whereas women also experience more career interruptions, tend to work shorter hours and are more likely to be in part-time, precarious or temporary employment; whereas sectoral segregation, unequal distribution of unpaid care and housework represent the key causes of the persisting employment, wage and pension gap, as well as greater risk of poverty and social exclusion of women; whereas the gender pension gap averages at 27 % in 2020 (67); whereas an equal distribution of unpaid care and household work, meaning an equal involvement of men, has a clear positive impact on the proportion of women in paid employment and reduction of the gender pay gap; whereas childcare responsibilities are a cause of change in employment for 60 % of women compared to 17 % of employed men and lead to reduction of working hours for 18 % of employed women and as little as 3 % of men (68); whereas the availability, accessibility and affordability of high-quality childcare facilities are crucial for enabling people, especially women with caring responsibilities to participate in the labour market; whereas public health challenges such as migraine are more common among women (69) and a large share of affected women are still in the front line for childcare and household chores;

AR.

whereas these discrepancies are confirmed at the global level with women dedicating on average 3,2 times more (201 working days per year) time than men (63 working days) to unpaid care work and are most pronounced in the case of girls and women living in middle-income countries, with lower educational achievements, living in rural areas and with children under school age (70);

AS.

whereas women are overwhelmingly represented among the essential workers (4 out of the 16 other professional categories deemed essential have more than 50 % of women in their workforce in the EU) (71), such as care professionals, whose tasks largely cannot be performed in telework modalities, and in the sectors that have been most severely hit by the pandemic, and have thus been exposed to high risks of contagion, heavy workloads, disrupted work-life balance and loss of employment; whereas working and living conditions have been particularly undermined for women with young children in paid employment (72);

AT.

whereas care remains one of the main fields of reproduction of gender archetypes, which are further reinforced by the lack of investment in quality services and gender bias in other policies that disproportionally affect women’s self-determination in social and professional life, such as tax benefit system;

AU.	whereas social economy enterprises can have a significant potential and contribution in facilitating the re-integration of caregivers in the labour market;

AV.

whereas several Member States and regions in the EU are still failing to meet the goal of providing childcare for 90 % of children between the age of three and mandatory school age and for 33 % of children aged three and under; whereas a lack of sufficient infrastructure offering quality and accessible childcare for all, especially early childhood services, particularly affects children from disadvantaged families, reflecting in enrolment rates below the average of children with disabilities, children from the Roma and other minority communities, migrant children, children living in poverty and children rom other disadvantaged groups, who would have benefitted the most from early childcare (73);

AW.

whereas in 2020, 24,2 % of children in the EU — almost 18 million were at risk of poverty or social exclusion; whereas children from low-income families, homeless children, children with a disability, children with a migrant background, children with a minority ethnic background, particularly Roma children, children in institutional care, children in precarious family situations, single-parent families, LGBTIQ+ families, and families where parents are away to work abroad face serious difficulties, such as severe housing deprivation or overcrowding, barriers in accessing fundamental and basic services; whereas children with disabilities in the EU are disproportionately more likely to be placed in institutional care than children without disabilities, and appear far less likely to benefit from efforts to enable a transition from institutional to community and family-based care (74); whereas the European Child Guarantee is an EU instrument whose objective is to prevent and combat poverty and social exclusion by guaranteeing free and effective access for children in need to essential care services, such as early childhood education and care, educational and school-based activities, healthcare and at least one healthy meal per school day, and effective access for all children in need to healthy nutrition and adequate housing (75);whereas accessibility of affordable quality childcare and education is crucial for children’s personal development and well-being; whereas there is a unambiguous positive correlation between the access to childcare services on one hand and employment and income of men and particularly of women on the other (76);

AX.

whereas access to quality care services, especially long-term care, is increasingly preconditioned on individual and family income, their place of residence, availability of services and delivery capacity and geographical availability as well as free capacities of the providers; whereas two in three persons in need of care are estimated to not have access to care services, mainly due to their unavailability and unaffordability (77); whereas households with low incomes, lower educational levels, and migrant households experience the greatest difficulties in accessing formal home-based long-term care services; whereas across the EU, one third, and in five Member States even more than half of the households, report that they are in need of professional long-term care services but cannot access them due to financial reasons (78); whereas access to healthcare and care should be universal, effective, irrespective of economic conditions or their different residence or administrative situations and status; whereas persons with lower incomes are also a group in which care needs are more prevalent (79);

AY.

whereas digital technologies have the potential to support both formal and informal carers and reduce the burden they face, for example, in transporting patients to consultations that could be held online; whereas a 2021 Eurocarers survey suggests that 78 % of informal carers never used care-related technologies (80); whereas digitalisation and the Internet of Things in the care sector need to be taken into account but should not substitute completely the irreplaceable human interaction related to care; whereas research and pilot projects should be encouraged, to test practicability and effectivity of digital services; whereas older people, including those receiving care, have difficulties in accessing digital services; whereas access to digital services, including access to digital literacy, should be seen as a right of care recipients; whereas the drastic shift to telework revealed the need to better enforce, review and update the legislation related to working conditions in the digital environment and the use of artificial intelligence in professional life;

AZ.

whereas women facing intersectional discrimination face additional barriers in accessing healthcare and care services and special attention must be put to address the effects of implicit biases in accessing private and public services generated due to persisting stereotypes and the underrepresentation of certain groups in these institutions;

BA.	whereas particular attention should be paid to the very old in order, where necessary, to help people who have lost their independence and prevent them from becoming isolated;

BB.	whereas the importance of prevention and geriatric rehabilitation for healthy and dignified aging should be taken duly in account;

BC.	whereas there is a need to reshape nursing care by providing, where possible free, or affordable in-home nursing support;

BD.

whereas the increased investment in the care economy in line with Sustainable Development Goals would result in almost 300 million additional jobs globally by 2035 (81); this would be made up of 96 million direct jobs in childcare, 136 million direct jobs in long-term care, and 67 million indirect jobs in non-care sectors; whereas this level of job creation would require an investment of 3,2 % of global GDP, taking into account total costs minus tax revenue (82); whereas the European Commission estimates that 8 million new jobs are expected to be created in the EU in the care sector by 2030 (83);

BE.

whereas demographic change and accompanying ageing of the population will increase the demand for care services; whereas care jobs are not likely to be replaced or reduced by automation; whereas this should motivate the EU and Member States to invest into the care economy as a promising job creating sector, in the framework of the digital transition, in order to increase the number of qualified staff and attract more people to this sector;

BF.	whereas quality standards for care, especially for social care services, remain absent or inadequate;

BG.

whereas the care sector needs significant investment, resources and reform; whereas in 2018, the estimated annual investment gap in social infrastructure in Europe stood at EUR 100-150 billion (84); whereas the 2021 Ageing Report projects the increase of public expenditure needed to cover the costs of long-term care and support at up to 2,9 % of GDP annually in 2070, compared to 1,7 % in 2016, while a ‘healthy ageing’ scenario can significantly lower this cost and full coverage of long-term care needs significantly increases it;

BH.

whereas it is crucial to understand the interaction between formal and informal care; whereas formal care services can provide support to informal carers, for example, by making it possible for them to take time off as well as by giving them training; whereas the lack of official recognition of informal carers and related lack of data about them and their needs is a barrier to this interaction;

BI.	whereas the delivery of care depends on well financed and properly functioning public services and social protection systems;

BJ.	whereas there is significant diversity in the population of informal carers; whereas their needs vary based on their socio-economic context, their labour market participation, the needs of their care receivers and the amount of time they spend caring for dependants;

BK.

whereas neurodegenerative diseases, such as Alzheimer’s disease and other forms of memory disabling diseases, remain underdiagnosed in most European countries; whereas there is a clear indication that the current number of 9 million confirmed cases of people with dementia is going to double by 2050; whereas women continue to be disproportionately affected by dementia (85);

BL.

whereas in February 2021, the European Ombudsman opened an own-initiative inquiry into the role of the Commission in the process of deinstitutionalisation in the EU, focusing on the fulfilment of Commission’s obligation to ensure that the Member States use the EU funds in a manner that promotes transitioning away from residential care institutions and towards independent living and participation in community life;

BM.

whereas the mechanism provided for by the 2001 directive on temporary protection has been activated for the first time as a response to the mass influx of refugees, above all women with children and other dependant persons, who are fleeing the war in Ukraine, guaranteeing the displaced persons equal access to the labour market and housing, medical assistance, and access to education for children; whereas activation of the aforementioned mechanism will have significant direct impact on the care sector, increasing the number of persons in the EU in need of comprehensive and personalised care services but also the numbers of both informal and formal carers;

BN.	whereas the data on quality of care services is almost exclusively based on non-standard client satisfaction surveys;

BO.

whereas difficulties associated with the provision of adequate, decent and affordable housing, especially for older people, single persons, persons with disability, persons at risk of poverty and social exclusion, families with young children and single parents, significantly hinder access to quality care services;

BP.	whereas across 11 OECD countries, long-term care workers’ median wages are just 9 euro per hour, while wages of hospital workers—a majority of whom are men—average 14 euro per hour (86);

BQ.	whereas more than half of care workers say they do not earn enough to cover basic needs such as housing and food, and 31 % do not have adequate access to personal protective equipment (87);

BR.	whereas the majority of care workers do not earn enough to afford a decent standard of living for themselves and their families (88);

A Europe that cares

Notes that it is vital to ensure dignity, independence, autonomy, well-being and participation in social life through quality care across the life course from early childhood care and education, to care services for older people and support to persons with disabilities, bearing in mind that human beings are interdependent and that anyone may need care at some point in their lives;

Underlines the importance of accessibility and availability of public care and the quality, accessibility, availability, affordability and adequacy of care, and that all people in need of care and their carers should have the right to a genuine choice when it comes to care services suitable for them and their families and their form (family care, community-based care, patient-centred care, personalized care or other forms), the place of its provision and its intensity, with a special attention to the provision and access for those living in remote areas (433) such as rural areas or outermost regions; considers that investment in the provision of quality public and social services are essential levers for preventing the transfer of disadvantage from one generation to the next;

Notes that care and its differing policy approaches need to be developed and redesigned according to individuals’ needs, recognises that models and patterns of organising care are diverse in the Member States and emphasizes every person’s right to choose best suitable quality care services for their individual situation and the need to guarantee it by Member States and the EU throughout its policies; highlights that according to the principle 18 of the European Pillar of Social Rights (EPSR) ‘Everyone has the right to affordable long-term care services of good quality, in particular family- and community-based care services’, and stresses that in order to fulfil this principle, care provision should be expanded;

Notes that women represent the majority of the workforce (76 %) in the formal care sector and perform the main part of informal care work while also representing the majority of care recipients, that care remains undervalued, unrecognized and guarantees insufficient or often no financial compensation for carers and that this undervaluation in terms of pay, working conditions and lack of visibility is closely linked with the feminisation of the sector due to the high proportion of women working in formal and informal care; highlights that this gender aspect has to be taken into account when designing care strategies and policies;

Expresses its concern on the impact of structural limitations and financial constraints in the type of care services available to individuals and recognises that integration of care across Europe is limited due to lack of appropriate incentives and structures;

Stresses the importance of an integrated and rights-based approach to common European action on care that pays equal attention to people’s physical, mental, psychological and social, personal and household needs; highlights the importance of paving the way for a more coherent approach between health and social systems as well as between formal and informal care and coordination between local, regional and national care policies within the EU Member States, alongside horizontal and sectoral integration;

Underlines the necessity of developing an ambitious and inclusive European Care Strategy that ensures equal access to care for all with special attention to individuals in vulnerable situations, contributes to social justice;

Considers that prevention is key; calls for primary secondary and tertiary prevention (89) including adequate use of relevant education and information, screening, early detection, prevention and adequate follow-up for non-communicable diseases (NCDs) to be among the components of a holistic European Care Strategy; urges the Commission to adopt a comprehensive and holistic approach to care;

Urges the Commission to strengthen the EU's resilience and capacity-building in health crises; Urges the Commission to promote research and innovation, by establishing priority areas for future R&D based on current and future diseases as well as the further development of care sector related opportunities, including for private actors;

10.

Stresses that promoting an equal-earner/equal carer model, where men and women engage equally in paid work in the labour market and unpaid work in domestic and care responsibilities, should be a goal of all EU actions in the field of care, labour markets and social services; reminds of the importance of applying gender mainstreaming to all policies;

11.

Calls on the Commission and Member States to invest into the care sector, strengthen and ensure sustainable, increased and adequate investment and funding to guarantee equal access for persons in need of care to affordable and adequately staffed quality care and household services, as well as an active and fulfilling professional life for carers with adequate wages providing a decent living and career opportunities in the sector through skills certification and validation;

12.

Calls on the Commission and Member States to improve the availability of funding for all types of care services and make the best use of the European structural and investment funds for investment in childcare and care for older people and others in need of care, through the ESF+, InvestEU and other financial instruments encouraging social investment as well as the Recovery and Resilience Facility, EU4Health Programme and the European Structural and Investment Funds for investing in publicly guaranteed care and facilitating accessible and affordable services for all; calls on the Commission to measure up to and create synergies with gender equality, inclusion of persons from vulnerable groups and the standards set for investment in digital and green transition, for example to support greening of care and of care projects and start an initiative on environmentally sustainable care, seeing that care infrastructures have significant negative environmental impacts that need to solved and mitigated, within the guiding principles; calls on the Commission to develop guidelines and a roadmap for common standards for Member States in this sense; calls on the European Investment Bank to consider including in its annual budget the development of the care sector and care economy as part of the implementation of its own Strategy on Gender Equality and Women’s Economic Empowerment;

13.

Calls for a dedicated investment package to promote the EU care sector and care economy as well as to ensure coordination among the different programmes and initiatives towards an effective implementation of the Strategy; calls once again for the development of gender budgeting tools in the MMF and related programmes that allow to track down the specific funding allocated to promoting gender equality;

14.

Recalls the obligations and commitments of the EU and the Member States for transition from segregated institutional settings to community and family based care and the promotion of different models of independent living and support; calls on the Member States to use the available European and national funds to accelerate this transition and to support individual autonomy and independent living by supporting ways to enhance independence, such as home adaptation or installation of digital detection systems and assistive technologies at home, with full adherence to the provisions and objectives of the UNCRPD; urges the Commission to take effective measures to make sure that EU funds are used to transition from institutionalized care to community and family-based care, while ensuring the family care in all its diversity;

15.

Underlines that in order to reduce undeclared work in the formal care it is important to provide public funding for genuine care service providers within social security systems or through tax expenditure which will make legal and fair care service provision affordable;

16.

Calls on Member States to ensure universal health coverage, increase investments in healthcare, and prioritise funding towards community and primary care; Calls on member states to urgently remove existing barriers to healthcare for all, including for undocumented migrant and with special attention to women facing intersectional discrimination; Calls to ensure higher and fair pay and decent working conditions for care workers, healthcare assistants and other support staff;

17.

Emphasises that a substantial proportion of care models, services and facilities are based on an institutionalized, outdated model below modern quality criteria and do not meet the physical, social and psychological needs and wishes of care recipients; highlights that people in need of care should be placed at the centre of care plans throughout all stages of the design, implementation and evaluation of care policies and services, through exploring innovative solutions, new models and tools for care delivery, promoting social inclusion and multi-generation understanding for individual needs of people in need of care, having as an objective the transition from institutional to family and community-based care and promotion of different models of independent living and support;

18.

Believes that person-centred and individualised care is necessary to ensure the dignity of care recipients and their carers, as well as their full participation and inclusion in the community; stresses that this move towards a person-centred approach requires increased integration of care to more holistic care pathways, to improve benefits to care recipients as well as quality of care;

19.

Stresses the need to fully utilise digital solutions to support people in need of care to live independent and autonomous lives, the need to improve the respect of their right to self-determination, to develop autonomy both for care professional sand care recipients, through a personalised approach to the design and budgeting of care, including tailored health and person-centred care through suitable tools, while ensuring that there is quality human contact for persons in need of care and support;

20.

Believes that the development of care should take into account all categories of users and their differences; states that those planning, programming and providing care services have the responsibility to be aware of those needs, of the empowerment of service users and of the importance of a user-based approach in developing services and that care services for older people and persons with disabilities must be planned and developed with the participation of users;

21.

Calls on the Member States to exchange information and best practices with a view to developing a common European quality framework for formal and informal care, based on the rights to independence, autonomy and well-being, and inspired, amongst else, by the WHO framework to support countries achieving an integrated continuum of long-term care encompassing all care settings, encouraging upward social convergence, guaranteeing equal rights for all citizens and strengthening quality of life;

22.

Calls for the Commission to support Member States in improving their data collection infrastructures in line with this quality framework;

23.

Calls additionally to exchange best practices on the best way to support groups with particular care needs (such as single parents who are mainly women, parents with children with serious illnesses and older people);

24.

Emphasises that the increase of care needs demands a joint EU approach and calls for a concrete European strategy on preventive healthcare as part of the solution to the growing pressure on the healthcare system; notes that care services should be developed so as to enhance the continuity of care, preventive healthcare, rehabilitation and independent living and underlines the importance of programmes for lifelong health promotion and education, disease prevention and regular examination, together with more effective health care programmes to stimulate the process of healthy ageing; calls on the Commission and the Member States to actively engage in the WHO Decade of Healthy Ageing by drawing up healthy ageing plans in the EU that cover access to health and care services, as well as strategies for health promotion and prevention;

25.

Calls on the Commission to take leadership in the realm of care by setting ambitious targets at EU level for funding, access, quality, efficiency and sustainability of care services in consultation with the Member States as well as with relevant stakeholders including social partners, and to develop harmonized definitions and indicators to assess those targets for children, older people or persons with disabilities;

26.

Underlines the need for a scoreboard to monitor the implementation of right to quality care in public, private, formal and informal contexts;

27.

Recalls that the EU should make use of the ILO’s 5R framework for decent care work (recognise, reduce and redistribute unpaid care work, reward paid care work) together with guaranteeing care workers’ representation, social dialogue and collective bargaining;

28.

Recalls that progress should be made towards a care economy that takes an integrated, holistic, gender-sensitive and life-long approach to care; stresses that this should include legislative measures and investment at EU level in order to promote as well decent working conditions and attractiveness of work in the care sector;

29.

Stresses the importance of highlighting the need for a European approach to care in the follow-up conclusions of the Conference on the Future of Europe, as care is a key sector for Europe’s future;

30.

Calls on the Commission to present an ambitious, robust and future-proof European care strategy that builds on everyone’s right to affordable, accessible and high-quality care, as well as on other principles set out in the EPSR and EU strategic documents, and the individual rights and needs of both care recipients and carers, and that encompasses the entire life course, targeting and responding to the needs of people at critical periods throughout their lifetime, laying the ground for continuity of care services throughout the lifespan and fostering solidarity between generations;

31.

Stresses that this strategy should be based on reliable, comprehensive and comparable data, publicly accessible, on the situation and the categories of both carers and care recipients, disaggregated by gender, age, nationality, ethnic origin (90), disability, socio-economic status, availability and affordability, type of care provided or received and different care settings (private or public, institutional, family or community-based) and include concrete and progressive goals with a timetable and indicators to evaluate progress and tackle inequalities taking into account the care needs in European societies; Repeats the call on the Commission and the Member States to update the statistical framework for collection of reliable, comparable and disaggregated data, while ensuring full respect of privacy and fundamental rights standards; Calls on the Commission to develop centrally managed detailed time use surveys, disaggregated by aforementioned parameters, to assess the value of unpaid work across the Member States;

32.

Emphasises the need to consult all relevant stakeholders at EU, national and local levels, including informal carers representatives and patients organisations, in the preparation of the European Care Strategy to take into account the diversity of their situations and needs and stresses that the strategy should identify its target groups;

33.

Calls on the Commission to include comprehensive measures against violence and harassment, in particular the fight against all forms of abuse of older persons and abusive acts against carers in the European Care Strategy in order to combat worrying phenomena, such as non-assistance, neglect and the undue use of physical or chemical restraints, particularly in the field of long-term care and support; calls on the Member States to develop training for informal and formal carers to prevent, prohibit, and combat care related violence and harassment as well as to establish independent and effective mechanisms for reporting and redressing it;

34.

Calls on the Member States to ensure that earmarked investments for the care economy are included in (revised) national Recovery and Resilience Plans, Cohesion Funds and all other relevant EU financial instruments;

35.

Underlines that the emerging silver economy could turn into one of the main economic drivers, particularly in rural areas, and could provide opportunities for the health and long-term care sectors to offer high-quality care in a more efficient way;

36.

Calls the EU Commission to establish an EU Equal Care Day, every leap day of 29 of February, in order to raise awareness about the undervaluation and invisibility of caring and carers in our societies;

37.

Calls on the Commission and the Member States to, alongside responding to the immediate care needs, adopt the policies and measures to tackle their causes, such as poverty, social exclusion and other structural barriers that stand in the way of universal and equal access to quality care, above all the challenges related to employment, education and training, as well as decent and affordable housing;

Quality care for every child

38.

Welcomes the Commission’s plans for the revision of the Barcelona objectives as part of the European care strategy package; calls for upward convergence to be encouraged and for more investment in high-quality public care for every child in the EU, inter alia by revising targets and significantly raising the level of ambition for accessibility of quality childcare for all children, including under 3 years of age and for those facing poverty, social exclusion and intersecting forms of discriminations, and setting specific refined indicators to monitor access to childcare for children aged below 1 year; calls on the Commission to integrate in the objectives a new target for provision of childcare after school hours; calls on the Member States that are lagging behind the 2002 Barcelona objectives to adopt all the necessary measures to reach the target of providing childcare to at least 90 % of children between 3 years old and the mandatory school age and at least 33 % of children under 3 years of age as soon as possible;

39.

Reminds that EU funds (ESIF and notably the European Social Fund +, as well as the RRF) should be used to complement Member States’ investments in childcare; calls on the Commission to promote investments in child care services in Member States’ use of the EU’s financial instruments; underlines public investments and the quality employment and working conditions of the workers in the childcare sector are essential for the provision of quality childcare;

40.

Calls on the Member States to design childcare, education, including after-school activities, and other policies and measures in support of all children and their families in an inclusive and integrated manner, using a child-centred approach with a particular attention to children in vulnerable situations, such as in or at the risk of poverty and social deprivation, as well as children with disabilities, migrant children and children from minorities, and one that upholds the swift and efficient implementation of the European Child Guarantee, including the commitment to guarantee effective and free high quality early childhood education and care for children in need (91);calls on the Member States to develop personal assistance services for children with disabilities and ensure decent and quality working conditions to those professionals working with children with disabilities;

41.

Highlights that the COVID-19 crisis and the arrival of refugees following the war in Ukraine may further exacerbate the situation of children at risk of poverty and social exclusion or children who need access to quality care; therefore reiterates its calls (92) on the Member States and the Commission to increase the funding of the Child Guarantee with a dedicated budget of at least EUR 20 billion, to combat poverty affecting children and their families and to contribute to the goal of reducing poverty by at least 15 million by 2030 — including at least 5 million children in all Member States;

42.

Recalls that social protection and support to individuals and families, with the special focus on groups in vulnerable situations, such as big families, single parent families or families with a child with disabilities, are essential and calls on the competent national authorities to ensure universal, adequate and accessible social protection systems for all and integrated child protection systems to leave no one behind, including effective prevention, early intervention and family support, in order to ensure safety and security for children without or at risk of losing parental care, as well as measures to support the transition from institutional to quality family and community-based care; calls on the Member States to scale up investment in child protection systems and social welfare services as an important part of implementing the Child Guarantee;

43.

Calls on the Member States to provide continuous holistic and integrated support to parents, including maternity, paternity and parental paid entitlements and measures, also reflected in pension schemes, low-threshold social services, such as day care, counselling, mediation or psychosocial support, that encourage a more substantial role and thus ensure equal participation of men in unpaid care and domestic responsibilities, including care for very young children, as well as children with disabilities; underlines the importance of adequate, accessible and affordable care structures and services particularly for single parents, the vast majority of whom are women, and to families with low and unsteady incomes, at risk of poverty and social exclusion; calls on the Commission and Member States to collect standardized equality data, disaggregated by the grounds protected under Directives 2000/43/EC, 2000/78/EC and 2006/54/EC, based on voluntary participation, confidentiality, self-identification and informed consent, while respecting the key principles and standards of EU data protection and fundamental rights;

44.

Underlines the importance of ensuring accessible, available, affordable and inclusive quality childcare, using a rights- and child-centred approach, that meets the demands during the parents’ working hours and school holidays, and facilitates equal opportunities for parents to return to work, strikes work-life balance, as it is one of the major factors of women’s full participation in the labour market; underlines that it should at the same time respond to the specific needs of children and their parents, related to e. g. disability, illness and work in a specific sector; reminds that gender imbalances in care and employment have life-time negative consequences on many women’s labour market participation and career progressions, resulting in an important gender gap in pensions and high differences in poverty rates in older age;

Equal access to quality care services

45.

Calls on the Member States to recognise the right to care and to reform and integrate their social services and protection systems in such a way as to provide effective, comprehensive equal and timely access to care services and treatments throughout the life course, incorporating in their social protection systems solutions ensuring a personalised approach and greater autonomy of users in choosing the services and the type of employment models that suit the needs and protect the rights of both care recipients and carers best, including personal household services, personal assistantship and other employment models for home care services, in order to enhance the continuity of care, preventive healthcare, rehabilitation, better prevention, diagnosis and treatment of occupational diseases, autonomy, independent living and inclusion in the community; draws attention to the necessity of access to care entitlements independent of eligibility for other social transfers and eliminating structural barriers, which lead to non-take-up or postponement of care and other support services; points furthermore to the needs of all carers, particularly the migrant workers with various statuses, who may face particular barriers in accessing care, intersectional discrimination, marginalisation and in-work poverty;

46.

Notes that accessibility of care derives from a combination of factors, such as availability of customised services of a diversified spectrum, cost and flexibility but also adequate care staffing, decent working conditions, waiting time, geographical distances to the closest care facility, adequate public infrastructure and transport; believes that in this respect different forms of care service provision should be available, promoted, valued and recognised, in particular that provision of in-family and community-based care settings should be upscaled and prioritized towards transition from institutional to family and community-based care; points to the demographic change as an important factor of increased care needs, which will require significant investments from the EU and Member States as well as identification and elimination of the administrative barriers that stand in the way of a timely and effective access of care recipients and their families to the adequate care and support solutions;

47.

Stresses the impact of green environments, daily access to different forms of nature and outdoors in good quality living conditions of people needing care, notes that studies show that access to nature has substantial benefits for both physical and mental health of all people, especially those needing care, and highlights the need to facilitate access to nature and outdoors for people dependent on care as well as to support nature-based solutions in the care sector;

48.

Notes that digital technologies are a promising development in supporting care provision but only if they are developed from a user-based starting point and are modular (93) and tailor-made; highlights in this respect the need for the Commission and Member States to address the digital skills gap amongst formal and informal carers as well as amongst care recipients by having specific programmes that target these groups; stresses that this should be complemented with improvement of internet access and especially user-friendly, customisable digital solutions accessible to all care recipients and carers, in order to support the development of digital health and online care services, as well as support the potential of technological developments in reducing the inequalities in access to health and care services and the barriers for their cross-border provision; calls on the Member States to make use of the EU4Health and Digital Europe funding to support and increase digital literacy of both care recipients and carers;

49.

Stresses the need to ensure that care is not commodified;

50.

Calls on the Commission and the Member States to develop the tools required for the regular assessment of the accessibility, availability and affordability of care services and treatments; underlines that the principle of accessibility equally applies and should be vigorously enforced in all care and support services, which ensure dignity and autonomy, both in physical and digital environment; calls on the Commission and the Member States to prioritize outcome-based indicators for access to care, such as reported unmet needs for care;

51.

Stresses the importance of timely investment in care facilities, identification of skills gaps, evaluation of future staffing and training needs at the level of individual professions, sectors as well as regions, with special attention to the density and care needs of the population, as a means of ensuring adequate and sustainable staffing levels and tackling inequalities in access to services and care; calls on the Commission and the Member States to put forward comprehensive quality standards and indicators for both formal and informal care services, home-based, private and public settings, including carers’ competences and training requirements, as well as the tools for effective monitoring of their implementation;

52.

Emphasises that cross-border care services, including live-in care, provided by both intra-EU mobile workers and non-EU migrant workers, are often crucial for meeting the growing care needs; recalls that most of these migrant workers are women and that they are affected by global care chains; stresses that the free movement of persons and workers is one of the key pillars of the EU, but that challenges to cross-border care remain; calls for the protection of the social security rights of all care workers and care receivers as part of the right to free movement of persons in this sector as well as ensuring both decent working conditions and eradicating undeclared work; encourages the Member States to develop cross-border training, notably in cross-border regions, to facilitate cross-border care and to share best practices in the care sector, amongst else as a means of tackling the care drain and the lack of access to quality care in regions or countries where the care providers come from;

53.

Repeats its call for a common definition of disability, as well as mutual recognition of disability status in the Member States in line with the concluding observations of the UNCPRD Committee on the initial report of the European Union adopted in 2015 with the aim of removing the fundamental obstacle for intra-EU mobility of persons with disabilities and enabling their access to health, care and other services that facilitate independent living, as well as equal education and employment opportunities; calls for the implementation and expansion of the European Disability Card to all Member States, paving the way to a European definition of disabilities and allowing the persons with disabilities to exercise their right to free movement in a barrier-free Europe;

54.

Calls for the prioritisation and mainstreaming of mental health within public health and care policies at EU and Member States' level; calls on the Commission to put forward a European mental health strategy, with the aim of ensuring good mental health for all, identifying the challenges pertaining to mental health of all generations in all the relevant settings, as well as combating stereotypes and associated stigma in relation to mental health; stresses that this should be done in a gender-sensitive manner, with special attention to those invulnerable situations and the most deprived groups; underlines the importance of quality mental health and care across the life course, encompassing early age, education, the world of work, as well as strategies for prevention, detection and prompt access to effectively available, affordable and adequate quality treatment that contributes to quality of life of all adults, including persons in need of long-term care;

55.

Emphasises the importance of emotional, psychological, social and spiritual care and support as well as mental health services beyond medication in improving the quality of life of persons receiving palliative care; calls therefore on the Commission and Member States to advance access to integrated palliative care services to ease the pain and discomfort as well as maintain dignity and quality of life of persons suffering from terminal illness once all means of active care have been properly considered and found ineffective, and to ensure adequate support to their carers;

56.

Calls for nurses to have easier access to services offering support for mental and physical health;

57.

Calls on the Member States to guarantee immediate and full access of persons enjoying temporary protection to quality care services, without discrimination on any ground and with special attention to their physical and psychological needs generated by the circumstances of war and their displacement, and to secure, at the same time, equal and decent working and employment conditions and fair pay for the persons enjoying temporary protection who will seek employment in the care sector; underlines that additional capacities and investment in the care sector are essential to this end;

Quality long-term care for a long and quality life

58.

Calls on the Commission to establish a comprehensive, ambitious, and rights-based set of targets and corresponding indicators for long-term care, reporting mechanism and tools for disaggregated data on and monitoring the accessibility, availability, affordability and quality of care treatments and services, as well as staffing levels, applicable to all types of facilities and providers, similar to the Barcelona objectives for childcare; highlights the need for targets and indicators on decent working conditions as well as women’s continued participation in the labour market that would guide investment, funding and training to ensure better access to quality services for those in need as well as ensuring women’s continued participation in the labour market facilitated by equal caring responsibilities;

59.

Is convinced that the Commission should set as the main target equal and universal access for all to quality long-term care services based on the individual needs of people receiving care and support, paying special attention to the elimination of inequalities and to people in vulnerable situations, such as older persons, persons with disabilities and women undertaking informal and undeclared care work; notes that long-term care needs are not limited to older persons and that they instead extend to different groups in need of care throughout the lifecycle, such as people with rare diseases, majority of which have their onset during childhood; stresses that equal, effective and timely access to care services and support can be best achieved by involving care recipients and by integrating long-term care into national social protection systems, as recommended by the Social Protection Committee, which are for equity and efficiency reasons best placed to deliver (94);

60.

Stresses the need for quality indicators for all social and health services that are based on the rights of the persons in need for care, the maintenance and enhancement of their independence and autonomy as well as social inclusion, and focusing on the aspirations of long-term care, such as the improvement of well-being and quality of life of people in need of long-term care and support services, the evolution of healthy life years and other indicators putting entire care experience in the centre of attention; calls on the Commission and the Member States to recognise the benefits of integrated care approaches in prevention of physical and cognitive decline and prolongation of autonomy of the care recipients; stresses that older age, disability, severe illness or any other circumstances leading to long-term care needs shall not present an obstacle for active participation of individuals in the society and community life; reminds that social exclusion of persons in need of care and support is above all a product of widely spread negative perceptions, socially constructed self-images and the persisting structural discrimination;

61.

Calls on the Commission to organise a Care Summit to feed into the work of the High-Level Group on the future of social protection and of the welfare state in the EU after the summit for a thorough and inclusive discussion with all relevant stakeholders, such as, social partners, interest groups, patient organisations, carers organisations, care recipients and their representatives, public authorities, civil society, non-profit organisations, service providers and other experts on the community-based care fit for 2030 with a view of creating a long-standing platform, to create innovative care solutions, ensure future-proof care systems, phase out institutionalized care and replace it with community-based or family-based care and/or use of personalized budgets and personalised design of care; calls on the Commission to guide public investments in long term care services in the use of the EU’s financial instruments and to present a framework directive on long-term, formal and informal, care that would lay down fundamental principles and provide evidence-based criteria for accessible and integrated quality long-term care and support services across the EU;

62.

Calls on the Member States to establish national, mutually recognised registers of care service providers, in order to monitor minimum compliance with the standards and legal requirements for care services provision; takes note of certification systems or mechanisms in some MS recognizing long-term care givers’ qualifications and competences in specific fields of care provision; insists on the pivotal role of training for formal and informal carers as well as stronger quality controls and whistle-blower systems for non-profit and for-profit care chains for the delivery of quality long-term care;

63.

Points out that the risk of having their long-term care needs unmet is particularly high for older women, who represent a majority of the population in need of long-term care; highlights that also women experience the greatest difficulties in covering the long-term care expenses due to persisting gender pay and pension gaps, female poverty, horizontal and vertical segregation of the labour market, having more career breaks and interruptions due to persistent traditional gender roles where women continue to take up most of the care obligations, labour market structures and stereotypes, as well as their overrepresentation in precarious or part-time work; is concerned about the fact that particularly the choice of the initial care provider by care recipients and their close ones tends to be made in a context of stress, financial constraints and limited availability of services (95);

Informal care

64.

Notes that throughout the EU, between 40 and 50 million people are providing informal care on a regular basis and 44 million long-term care at least once a week (96), the majority of whom are women including women with disabilities who make up around 60 % of informal carers and provide informal care for more hours than men (97), notes that this acts as a brake on gender equality and may limit the possibility to work formally especially for younger carers;

65.

Notes that informal care is often a consequence of the lack of availability and accessibility of professional services, among others, tends to continue for a long time and can have repercussions on the enjoyment of the informal carers’ political, civil, economic, social and cultural rights, including fewer career opportunities or acceptance of jobs below their level of skills and hindering or ruling out formal labour market participation; is particularly concerned about the negative impact of care responsibilities on women’s financial independence as well as the increased risk of poverty, social exclusion, mental and physical health issues;

66.

Notes that performing informal care can lead to a loss of income, aggravation of gender-based discrimination, such as the gender pay and pension gaps, old-age poverty and the feminisation of poverty; stresses that these detrimental effects are closely associated with the intensity of care provided and highlights the need to better share unpaid domestic and care work mainly performed by women and strengthen the fight against gender stereotypes, as well as to introduce working arrangements respecting work-life balance;

67.

Notes that in the EU, out of older persons aged 65 and above, more than 7 million people, 8 %, receive informal care in the EU and for people aged 75 and above, the number of people relying on informal care amounts to 11 % (98); notes that the majority of older people in need of care are women;

68.

Notes that to enable people to continue to be cared for in their own homes, mobile care and support need to be expanded and further developed to relieve the care tasks of family caregivers, especially women, not only through awareness-raising activities but also through adequate support including financial compensation, thus allowing relatives who provide care to carry on their employments and to work towards the compatibility of care and paid work; emphasizes the pivotal role of informal carers and the need of informal carers to be closely involved and supported by care professionals, and stresses that informal carers must have their needs assessed and addressed in their own right, without being conditional on the services or supports of the cared-for person;

69.

Notes that at least 8 % of all children in Europe are involved in the provision of informal long-term care, which has a negative impact on their mental and physical health, educational attainment, social inclusion and their future participation to labour market (99);

70.

Highlights the need to develop a common European minimum definition for informal care, commitment by Member States, and Council Recommendations on informal care including national recommendations; stresses that this definition should emphasise that providing informal care must be a choice and not born out of the necessity and lack of available care services, and include the respect for the right to self-determination of persons receiving care in their choice of the form of care they want to receive;

71.

Calls on the Commission to come up with common European guidelines and status of and support to informal carers as informal care is currently not adequately recognized and acknowledged in all its diversity; urges the Member States to promote active labour and employment policies aimed for unpaid informal carers to support their reintegration and progress in the labour market and to recognise the skills acquired in informal settings;

72.

Urges the Commission to present to the Parliament and the Council a European Carers Programme and as a part of it a European Informal Carers programme with a package of actions at EU level on informal care, and, where the competences are at the national level, calls on the Member States to support this European strategy by ambitious and coordinated actions and national programmes to identify, recognise and acknowledge the different types of informal care provided in Europe, and identify different needs of different groups of carers including young carers and mobile carers to facilitate employment to be declared and ensure insurance and social protection coverage, regardless of their different residence or administrative situations and status;

73.

Calls on the Member States to consider the formalisation of informal care and different financial support options based on their different needs and realities, with a view of guaranteeing carers good standards of rights, financial support and social protection;

74.

Recalls that the above could be achieved through for example care or pension credits to protect those taking a break from employment to provide care to a family member or someone else in need of care, and through recognising the value of the work that these carers do for society as a whole by other additional support services (counselling or peer exchange), clearly stipulated time off for carers, a healthy work-life balance, leave, replacement services in case of illness, day-care services, job-reintegration services, psychological and rehabilitation services for carers and care recipients, and access to education, training and life-long learning and underlines the importance of non-transferrable parental leave; in this regard, calls on the Member States to consider and exchange as well on the best practices on how to reflect periods spent on care responsibilities in pension schemes and to swiftly and fully transpose Directive (EU) 2019/1158 of 20 June 2019 on work-life balance for parents and carers, which introduces leave for carers and the possibility to request flexible working time arrangements, minimum amount of days of carers’ leave in order to provide personal care or support to a relative or to a person who lives in the same household as the worker;

75.

Calls on Member States to examine how best to formalise provision of informal care and therefore revenue collection in this area (100), including tax deduction systems and the use of service vouchers;

76.

Underlines that this package of actions on informal care needs to include both legislative and non-legislative proposals and adequate investment to acknowledge informal carers’ rights and obligations as part of their role, while respecting the right to self-determination of the persons receiving care and set a certain criteria for carers’ access to social and other additional support services (including time-off and sick leave); reiterates the mental and physical health stress, associated with caregiving, and stresses the importance of ensuring carers' access to information and advice about care and care-life balance; underlines that the package of actions additionally needs to set out reporting responsibilities for Member States, create single points of contact where informal carers can access the support they need in all Member States and promote interoperability between health and social security systems in order to make use of existing data and reduce the administrative burden faced by informal carers;

77.

Urges the Commission and the Member States to support civil society organisations and social partners to assure the representation of informal carers in order to take their contributions into account in the design, implementation and evaluation of policies concerning informal care, including in drafting the European Care Strategy;

78.

Stresses the importance of addressing the over-reliance on informal care through formalisation and recognition of carers' skills via a certification process and promoting training and skills validation schemes, allowing for the advancement, of mutual recognition of skills, as well as implement targeted upskilling and reskilling activities; highlights that these efforts should make use of, among others, the European Skills Agenda, the Pact for Skills, ESF+, the Youth Employment Initiative, the Just Transition Fund, and EU4Health; Calls on the Member States to facilitate the labour market reintegration of workers who took a long career break to provide care to relatives;

79.

Calls on the Commission to recognize challenges limiting access to appropriate care for persons with specific diseases that require increased level of care like rheumatic and musculoskeletal diseases (RMDs); Highlights that for persons with RMDs, the biggest obstacle in accessing appropriate care is the lack of rheumatologists and medical training in rheumatology in the Member States; Calls therefore on the Member States to make Rheumatology a standard element of the medical training curriculum and to increase the number of practicing rheumatologists;

Decent working conditions for all workers in the care sector

80.

Urges the Member States to place adequate staffing levels and investment in care staff at the centre of their care policies; calls on Member States to increase the attractiveness of the care occupations by ensuring social recognition, decent working conditions and fair remuneration, including adequate working hours, which would as a consequence help to tackle the existing labour shortages and diminish the need for short-notice work, rapid and severe workforce outflows, especially in the regions and Member States facing significant challenges due to the care drain, and increase resilience of the care systems for the future while creating jobs in the sector;

81.

Calls on the Commission and the Member States to support the creation of such quality jobs in the sector with among others clear, sustainable and attractive career paths and opportunities for training and the improvement of skills, that allow for permanent professional and personal development; calls on Commission and Member States to take concrete initiatives and provide incentives that make work in the care sector more appealing also to young people and encourage a gender balanced distribution of care professions;

82.

Takes note of additional challenges related to the increasing share of platform work in the care sector; stresses that the European directive on platform work and national legislation regulating platform economy should duly take account of the specific nature of care work, which would provide minimum standards for the quality of services and decent working conditions for workers;

83.

Recognises that care is often being provided undeclared or under-declared, in exploitative conditions, impacting the rights and well-being of workers and their families, and care recipients; is also concerned about the working conditions of live-in carers who are mainly women, including migrant women, many of whom face unclear remuneration conditions, risk of social isolation and the lack of mechanisms for proper enforcement of their rights; calls on the Commission and Member States to tackle the issue of undeclared work in the care sector and to create a clear legal framework to promote quality jobs with social protection coverage for all care workers;

84.

Stresses that decent work should be an integral part when defining priorities around sustainable and quality care systems; highlights that recipients of public EU and national funding, loans and contracts should respect applicable labour law and strong standards;

85.

Calls on those Member States, as members of the ILO, that have not yet done so to ratify and implement the relevant ILO conventions, particularly no. 189 concerning decent work for domestic workers, no. 190 on violence and harassment in the world of work and no. 149 on nursing personnel;

86.

Is concerned about the high share of minimum wage and sub-minimum earners among the care professionals, majority of whom are women, and the subsequently persistent gender pay gap and discrepancies in the pay levels of specific care professions (101); welcomes therefore the Commission proposals for a directive on adequate minimum wages, that would improve living and working conditions in the EU, including for the lowest paid workers in the care sector, and for a directive on pay transparency, tackling persistently inadequate enforcement of the fundamental right to equal pay for equal work or for work of equal value in the EU; stresses that in order to adjust the low pay in the highly female dominated care sector, the socio-economic value of care work must be re-assessed in comparison to the value of work in other often more male dominated sectors based on objective criteria through gender-neutral job evaluation or classification tools such as educational, professional and training requirements, skills, effort, responsibility, work undertaken and the nature of the tasks involved; highlights that a valid comparator is an important parameter in determining whether work can be considered of equal value; in the case where no real life comparator exists (as often the case in the highly female dominated sectors), a hypothetical comparator may be used; encourages both public and private care service providers to guarantee decent and adequate remuneration, beyond minimum wages; stresses that wage increases are associated with greater recruitment of long-term care workers, longer tenure and lower turnover according to OECD (102); urges Members States to promote reforms to recognize the rights of caregivers and care receivers and implement actions to protect fundamental labour rights and improving working conditions of care workers addressing the often precarious situations they face such as informality, long working hours, inadequate pay, alack of training and poor occupational health and safety policies and instances of abuse, harassment and violence among others;

87.

Highlights the central role of education and training as well as of programmes for inclusive reskilling and upskilling of workers for provision of quality care services and professionalization of care with regard to the continuous evolution of care professions and services; underlines the central role of paid educational and in-work training also in the process of transition from residential to community- and family-based care; strongly encourages the Member States, with the support of EU funds (ESIF and notably the European Social Fund +, as well as the RRF), to provide training to care staff on the rights of persons in need of care and support, particularly the rights enshrined in the UNCRPD and the United Nations Convention on the Rights of the Child; regrets that the EU Directive on the recognition of professional qualifications does not set out harmonised minimum training requirements for long-term care workers, hampering the automatic recognition of these workers throughout the Union;

88.

Emphasises that care work is an essentially interpersonal service that requires a range of complex skills, some of which are not recognised and remunerated; stresses that the role of caregivers should be, above all, to provide care and support to the care recipients, and therefore considers necessary to cut unnecessary red tape and avoid assigning unnecessary administrative tasks to carers; stresses that certain medical tasks can be shared between health professionals and underlines the benefits of closer cooperation between care and health professionals, such as better distribution of workloads, more time for care recipients and continuity of care, as well as multidisciplinary practices and harmonization of career pathways;

89.

Calls on the Commission to set up an EU Skills for Care Initiative to support Member States to improve up- and reskilling opportunities for professionals in the care sector, identifying skill gaps and needs, promising practices and successful initiatives, as well to provide a framework for the recognition and certification of expertise, skills and qualification acquired through experience such as through informal care work, to facilitate access to formal employment in the sector; calls on the Member States to draw on the EU Skills Agenda to ensure further skilling and upskilling of care workers, and support and provide public opportunities for all carers — including migrant informal carers and care workers — to participate in vocational education and training and gain qualifications, paying special attention to women after care leave;

90.

Calls on the Commission and the Member States to ensure and to enforce decent working conditions and the right for all workers to establish and join a representative trade union, and to engage in collective bargaining in the care sector, both formal and informal, and to adopt high standards of occupational health and safety, inline with and beyond the ambition of the recently adopted EU strategic framework on health and safety at work 2021-2027; highlights the need to pay special attention to the specific challenges of work in the care sector, which includes exposure of workers to hazardous substances or medicinal products, work in potentially infectious environments, as well as mental and psychosocial risks related to emotionally demanding work and encountering adverse social behaviour, in order to prevent work-place accidents and illness, and with that absenteeism, turnover and poor workers health;

91.

Calls on Member States to recognize COVID-19 as an occupational disease in the care sector; calls on the Member States to ensure that every care service provider prepares an Infection Prevention and Control programme and to guarantee annual infectious disease trainings for care workers, as well as providing workers with up-to-date information on infectious diseases;

92.

Recalls that certain medicinal products that are regularly used by care workers contain one or several carcinogenic, mutagenic or reprotoxic substances falling under the scope of Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens, mutagens or reprotoxics at work; recalls, in this context, the fourth revision of this Directive and the inclusion of work involving exposure to hazardous medicinal products; looks forward to the foreseen publication in 2022 of the guidelines for handling those substances as well as for the development of a definition and an indicative list of such Hazardous Medicinal Products;

93.

Calls on the Commission and the Member States to promote and support age-friendly working environments; repeats its call on the Commission to raise the level of ambition and to propose a broader and more comprehensive directive on prevention and management of work-related musculoskeletal disorders and rheumatic diseases, as well as mitigate psychosocial risks and negative effects of care work on well-being of workers that have been particularly pronounced during the pandemic;

94.

Stresses that the European care strategy should, among others comprehensively address the impact of digitalisation on working conditions of workers and the effects of remote work and telework on mental health, as well as on the amount and unequal gender division of unpaid care and housework; repeats its call on the Commission to propose, in consultation with the social partners, a directive on psychosocial risks and well-being at work;

95.

Calls on the Member States to establish minimum standards for live-in care work in the areas such as: working time, remuneration and accommodation of carers, in order to take into account specificity of their work; especially the fact of living and working in a common household with a person in need of care; an average working time should be calculated as carers work in shifts; remuneration level shall depend on the care needs as well as skills of the carers; in-house carers who live together with dependants shall have access to separate room, access to toilet, kitchen and, if possible, internet;

96.

Calls on the Member States to strengthen social dialogue and promote collective bargaining and collective agreements in the care sector, public and private, and profit and non-profit, institutional as well as family- and community-based settings as crucial mechanisms for the improvement of employment and working conditions and for tackling the gender pay gap, and as the most effective tools for securing an increase in the minimum wage and in wages in general;

97.

Calls on the Member States to promote broader collective bargaining coverage and ensure the right and freedom of association in the care sector by providing greater access and information to workers representatives and trade unions seeking to represent and build membership amongst the care workforce, and by removing all obstacles to the creation of trade unions as well as unnecessary barriers in public sector workplaces, including private contractors working on public contracts, that impede unions’ ability to organize public sector workers and increase their membership; stresses that especially mobile workers, who often work as live-in carers and have to be available 24 hours a day, are not sufficiently aware or informed of the terms and conditions of employment applicable to them; highlights that the collective agreements should amongst else secure the pension rights of workers who need to decrease paid employment or leave employment in order to care for others;

98.

Recalls that mobile and migrant workers, including undocumented workers, play a significant role in the provision of residential, community- and family-based care in the EU; believes that this fact should be reflected and accordingly addressed in the forthcoming European Care Strategy; calls on the Commission and Member States to commit to and set concrete actions to address the issue of undeclared work and illegal forms of employment as well as to promote decent work for all care workers, regardless of their status; stresses that migrant workers face specific vulnerability and challenges, such as access to work permit or to formal employment, social protection coverage and the risk of undeclared work; calls for their protection through the application, enforcement and monitoring of the relevant legislation;

99.

Calls on the Commission and the Member States to ensure fair mobility and recruitment of workers from the EU and from third countries by improving the reciprocal recognition of their qualifications and by closing the gaps in transnational social protection; repeats its call for proper monitoring and enforcement of rules pertaining to mobility and better informing workers of their rights; stresses the role of the ELA in assisting Member States and the Commission in the effective application and enforcement of EU law related to labour mobility and the coordination of social security systems within the EU; stresses the need to consider revising the ELA’s mandate in the context of the evaluation due in 2024, to include occupational health and safety provisions; calls on EU-OSHA and the ELA to work together to support the Commission and the Member States in improving the occupational health and safety of mobile and migrant workers; stresses that live-in care workers are predominantly organised through a complex chain of agencies posting workers, who are thus covered by the Posting of Workers Directive (103);

100.

Recognises the role of personal and household services workers in guaranteeing that the EU citizens have a genuine choice of their preferred care model; calls on the Commission to address in the European care strategy the challenging working and employment conditions of all personal and domestic workers, including care and other personal and household services workers, and to lay foundation for recognition, regulation and professionalization of personal and household services; calls on the Commission and Member States to effectively tackle undeclared work in the care sector by guaranteeing social protection, safe and decent working conditions and creating new job opportunities in the domestic care sectors; calls for a targeted revision of Directive 89/391/EEC to ensure the inclusion of domestic workers within its scope; calls on the Member States to present an adequate framework for declaration of personal and household services, such as service voucher schemes, to develop mechanisms and tools for better monitoring of domestic care work and to invest in tailor-made quality professional services to halt precarisation of care and discourage use of care services that involve undeclared work;

101.

Calls on the Member States to swiftly and fully transpose and implement the Work-Life Balance Directive and encourages them to go beyond the minimum standards laid down in the directive; stresses that only an equal share of unpaid care responsibilities between men and women by means of equal non-transferable and adequately paid leave periods would enable women to increasingly engage in full-time employment, achieve a work-life balance, as well as personal and societal development; highlights further the importance of promoting additional flexibility of work arrangements for groups of workers, such as parents with young children, single parents, parents with disabilities and parents of children with disabilities; calls on the Member States to respect a minimum duration for maternity and paternity leave, regardless of the status of the person concerned; recalls that policies on work-life balance should encourage men to take up care responsibilities on an equal basis with women and stresses the need to progressively advance towards fully paid and equal length maternity and paternity leaves; strongly urges all Member States to encourage and ensure that fathers are able to take up their paternity leave without fear of adverse or discriminatory conduct by their employers, which is an effective way of encouraging them to accept responsibility for looking after their children and their families and a useful mean to achieving genuine gender equality; highlights that this not only requires but also will cause changes in stereotypes and gender norms, leading to a fairer and more gender equal society; calls on the Commission and Members states to promote transformative actions such as awareness campaigns on the co-responsibility of care, eradicating the stereotyped idea of women as responsible for this work;

102.

Calls on the Member States to develop a set of comprehensive measures and incentives to encourage and facilitate the labour market reintegration of workers, especially women, whose career and income are more often affected by unequal gender roles and care leaves, including their take up or longer career breaks and to ensure the right of workers to return to the same or equivalent position;

103.

Calls on the Member States, in close cooperation with social partners, to support career pathways to facilitate work situations adaptations in particular via lifelong learning and vocational training, adequate unemployment benefits, transferability of social rights, and active, effective labour market policies; calls on the Commission and the Member States to promote and guarantee effective protection and equal pay for men and women, through a gender transformative legislation and policy responses that aims to tackle precarious employment, the undervaluation of work of certain feminised sectors such as care and guarantee career paths and proper social security coverage; reiterates that people in all employment relationships and the self-employed should be able to accumulate entitlements providing income security in circumstances such as unemployment, sickness, old age, career breaks for child-raising or other caring situations, or for reasons of training in line with the Council Recommendation on access to social protection of workers and self-employed;

104.

Calls on the Commission to build on the European Care Strategy, namely the two Council recommendations, on childcare (revision of the Barcelona targets) and on long-term care and to present a Care Deal for Europe after the Care Strategy, which should include a set of policies, programmes, recommendations and investment at EU level, aiming at fostering a transition towards a gender-transformative care economy that recognizes care as a right and values it as the backbone of our society; highlights that it should take an integrated, holistic and life-long approach to care and promote decent working conditions and fair wages, increase the attractiveness of work in the care sector as well as tackle discrimination, gender inequalities and poverty in the sector;

Recognising and valuing the role of care in our societies and economies

105.

Stresses the utmost importance of mainstreaming care and measures for the empowerment and professional development of women as carers, persons in need of care and support and vulnerable individuals in all relevant national and EU policies, together with encouraging increased investment in accessible, affordable and high quality care services;

106.

Calls for these priorities to be reflected also in the external dimensions of the EU policies, including in pre-accession and official development assistance; emphasises that a rights-based approach to care, based on the principle of non-discrimination, would enable such a mainstreaming across all relevant policy fields; underlines the necessity of ensuring the systematic implementation of gender and equality mainstreaming in all the relevant stages of the budgeting process, both within Commission’s central budgets as well as policies and programmes supported by the EU; calls on the Members States and the European Commission to reverse the highly stigmatised image of formal and informal care occupations and Member States to adopt effective policies and programmes for tackling ableism, ageism, gender-based and other forms of discrimination that intersect with prejudice and stereotypes associated with care, paternalism and concept of dependency; notes that women are a valuable and untapped source of entrepreneurial potential in Europe also in the care sector, who can contribute to new innovations such as new technologies;

107.

Notes that tackling entrenched gender norms and stereotypes is a first step in redistributing responsibilities for unpaid care and domestic work between men and women and calls on the Commission and the Member States to foster a positive public image and attractiveness of work in the care sector for both men and women by planning educational and public information campaigns and supporting pilot projects advancing this goal and aiming to bring more men into care and to promote equal participation and opportunities for women and men in the labour market in care services;

108.

Calls on the Commission to monitor the implementation of the principles of the EPSR and the SDGs in the context of the European Semester; calls in particular for a regular reporting on the implementation of the EU Care Strategy as well as care-related indicators taken into account in the European Semester and in the Country-Specific Recommendations; considers that the care economy ought to be a pillar of the post-pandemic economies and calls on the Commission and the Member States to put care at the centre of post-pandemic recovery; firmly believes that the implementation of national recovery and resilience plans must include targeted actions for the improvement of gender equality in all spheres of life and of care, including measures for reduction and redistribution of unpaid care and household work;

109.

Notes that there is a need to recognize and value care in European economies, budgeting and statistics; calls on the Commission and Member States to adopt approaches to measuring and valuing the social and economic contribution and outputs of care in particular unpaid care, housework and domestic work through adding informal care in the value chain, including by considering the introduction of specific indicators to the next revision of the Social Scoreboard; calls on Eurostat and EIGE to estimate the economic contribution of informal carers to Member States’ economies and calls on the Commission and the Member States to include related alternative measures of economic and social well-being in the policy-making process;

110.

Points to the clear benefits of minimum income and minimum pension schemes for timely and effective access to care and support services in the view of the upcoming Commission recommendation on adequate minimum income, as well as for ensuring decent living standard to carers, who are mainly women, especially those providing informal unpaid care, and calls on the Commission to stress the importance of considering and exchanging best practices on how to reflect caring responsibilities throughout the life-cycle on pension schemes;

111.

Calls on the Commission to link the upcoming care strategy to the European action plan for the social economy, raising the awareness of the potential of social economy in improving the working conditions in the care sector as well as creating opportunities for better access of women to quality jobs, calls on the Member States for investments to develop the care economy taking due account of the human factor aspects of the sector;

112.

Recognises and values care provided by civil society and non-profit organisations such as NGOs, patient organizations, charitable and religious or other institutions;

113.

Calls on the Member States to formulate and revise their care policies in permanent social and civil dialogue with social partners, experts, civil society NGOs, public authorities at national and EU level, representative organisations of care recipients and formal and informal carers to support the creation of effective social care policy solutions which fit the needs of the people on the ground; stresses the importance of actively consulting carers and care recipients and their representative organisations in the development, implementation and monitoring of the upcoming European Care Strategy; invites the Commission and the Member States to launch a discussion on the link between technology and quality of care;

114.

Calls on the European Commission to undertake research to better understand the economic and societal impact of the inadequate provision of care to persons in need for care and support and to secure funding, namely in the framework of the future platform, for research projects on the social impact of rare diseases, from a patient-perspective, and to EU-wide networks and innovative projects that allow Member States to co-create and transfer good practices and innovative care models, also with a special focus on the most prevalent diseases and diseases causing disability, including rheumatic and musculoskeletal diseases (RMDs);

115.

Calls on the Commission to ensure that the EIGE, Eurofound and other relevant agencies have adequate resources to monitor and analyse if and how policies are making the intended improvements in the care sector, including in terms of access, quality, gender equality, infrastructure and work-life balance;

116.

Calls for an external scientific and ethical evaluation on the handling of the COVID-19 pandemic in the care sector, on the actions of the European Union as a whole as well as on the actions of the Member States, and for an evaluation on the level of preparedness that the EU now has for pandemics, and calls on the Member States and the Commission to investigate the causes of the large proportion of COVID-19 infections and deaths that have occurred in residential services for older people, persons with disabilities and other social service facilities, and whether human rights and patient rights have been neglected or violated, in order to draw the necessary lessons and prevent reoccurrence of such tragedies in the future crises;

o o

117.

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

(1) https://www.who.int/news/item/14-03-2022-who-launches-new-framework-to-support-countries-achieve-integrated-continuum-of-long-term-care

(2) https://www.ohchr.org/en/documents/thematic-reports/impact-coronavirus-disease-covid-19-enjoyment-all-human-rights-older

(3) https://documents.un.org/prod/ods.nsf/home.xsp

(4) OJ L 231, 30.6.2021, p. 21.

(5) OJ L 57, 18.2.2021, p. 17.

(6) OJ L 437, 28.12.2020, p. 30.

(7) OJ L 107, 26.3.2021, p. 1.

(8) OJ L 188, 12.7.2019, p. 79.

(9) OJ L 180, 19.7.2000, p. 22.

(10) OJ L 204, 26.7.2006, p. 23.

(11) OJ L 88, 16.3.2022, p. 1.

(12) OJ L 223, 22.6.2021, p. 14.

(13) OJ C 363, 28.10.2020, p. 80.

(14) OJ C 456, 10.11.2021, p. 191.

(15) OJ C 456, 10.11.2021, p. 208.

(16) Texts adopted, P9_TA(2022)0072.

(17) OJ C 456, 10.11.2021, p. 145.

(18) OJ C 189, 5.6.2019, p. 4.

(19) OJ C 474, 24.11.2021, p. 146.

(20) OJ C 371, 15.9.2021, p. 102.

(21) Texts adopted, P9_TA(2022)0038.

(22) OJ C 445, 29.10.2021, p. 75.

(23) OJ C 99, 1.3.2022, p. 122.

(24) OJ C 362, 8.9.2021, p. 8.

(25) OJ C 363, 28.10.2020, p. 164.

(26) Texts adopted, P9_TA(2022)0068.

(27) OJ C 387, 15.11.2019, p. 1.

(28) European Commission (2021) EU Strategy on the Rights of the Child.

(29) Eurostat (2020) Household composition statistics.

(30) European Commission Study on Informal care in Europe Exploring Formalisation, Availability and Quality, 2018.

(31) https://www.ilo.org/wcmsp5/groups/public/---dgreports/---dcomm/documents/publication/wcms_838653.pdf

(32) https://www.unwomen.org/sites/default/files/Headquarters/ Attachments/Sections/Library/Publications/2020/Policy-brief-COVID-19-and-the-care-economy-en.pdf

(33) https://www.eurofound.europa.eu/fr/topic/neets

(34) European Commission & Social Protection Committee (2021) 2021 Long-term care report.

(35) European Parliamentary Research Service, Demographic outlook for the European Union, March 2020, p. 3.

(36) The social construction of migrant care work. At the intersection of care, migration and gender / Amelita King-Dejardin; International Labour Office — Geneva: ILO, 2019.

(37) Social Protection Committee and the European Commission (2021) Long-term care report.

(38) OECD (2020) The effectiveness of social protection for long-term care in old age: Is social protection reducing the risk of poverty associated with care needs.

(39) European Parliament study (2021) Ageing policies — access to services in different Member States.

(40) World Economic Forum: COVID-19 highlights how caregiving fuels gender inequality — https://www.weforum.org/agenda/2020/04/covid-19-highlights-how-caregiving-fuels-gender-inequality/

(41) 2019.

(42) https://eige.europa.eu/about-eige/director-speeches/beyond-beijing-declaration-assessment-and-main-challenges

(43) https://data.unwomen.org/features/covid-19-pandemic-has-increased-care-burden-how-much-0 https://www.unwomen.org/en/digital-library/publications/2020/04/policy-brief-the-impact-of-covid-19-on-women

(44) Preventing and managing COVID-19 across long-term care services: Policy brief, WHO, 24 July 2020; Surveillance data from public online national reports on COVID-19 in long-term care facilities, ECDC, 2022 (https://www.ecdc.europa.eu/en/all-topics-z/coronavirus/threats-and-outbreaks/covid-19/prevention-and-control/LTCF-data)

(45) http://www.efnweb.be/wp-content/uploads/EFN-MHE-Joint-Statement-October-2021.pdf

(46) Eurofound brief (2021) Education, healthcare and housing: How access changed for children and families in 2020.

(47) ttps://www.epsu.org/sites/default/files/article/files/Resilience_of%20the%20LTC %20sector_V3.pdfh

(48) https://effat.org/in-the-spotlight/european-alliance-calls-on-eu-governments-to-ratify-convention-on-domestic-workers/#:~:text=Among%20them%2C%206.3%20million%20are,workers%20in%20their%20respective%20country

(49) European Labour Mobility Institute (https://www.mobilelabour.eu/)

(50) European Commission Study on Challenges in long-term care in Europe 2018.

(51) https://ec.europa.eu/eurostat/statistics-explained/index.php?title=Gender_pay_gap_statistics

(52) https://ec.europa.eu/info/policies/justice-and-fundamental-rights/gender-equality/women-labour-market-work-life-balance/womens-situation-labour-market_en

(53) European Parliament study (2021) Gender equality: Economic value of care from the perspective of the applicable EU funds.

(54) EIGE, Beijing Platform for Action 2020 report, 2021.

(55) Eurofound report (2020) Long-term care workforce: Employment and working conditions.

(56) Eurofound report (2020) Long-term care workforce: Employment and working conditions.

(57) Eurofound report (2020) Long-term care workforce: Employment and working conditions.

(58) European Commission & Social Protection Committee (2021) 2021 Long-term care report.

(59) European Parliament study (2021) Policies for long-term carers.

(60) Eurofound, Long-term Care Workforce: Employment and working conditions, Publications Office of the European Union, Luxembourg, 2020b

(61) Eurofound report (2020) Long-term care workforce: Employment and working conditions.

(62) European Commission Long-term care report https://ec.europa.eu/social/BlobServlet?docId=24079&langId=en

(63) European Commission Long-term care report https://ec.europa.eu/social/BlobServlet?docId=24079&langId=en

(64) EIGE report 2020: Gender inequalities in care and consequences for the labour market: https://eige.europa.eu/publications/gender-inequalities-care-and-consequences-labour-market

(65) EIGE report (20210) Gender inequalities in care and consequences for the labour market.

(66) European Foundation for the Improvement of Living and Working Conditions (Eurofound), European Quality of Life Survey 2016 — Quality of life, quality of public services, and quality of society, Publications Office of the European Union, Luxembourg, 2018.

(67) https://appsso.eurostat.ec.europa.eu/nui/show.do?dataset=ilc_pnp13〈=en

(68) EIGE report (2021) Gender inequalities in care and consequences for the labour market.

(69) The Global Burden of Disease Study 2019: https://www.thelancet.com/journals/lancet/issue/vol396no10258/PIIS0140-6736(20)X0042-0#

(70) ILO (2018) Care work and care jobs for the future of decent work.

(71) European Parliament study (2021) Policies for long-term carers.

(72) European Parliament study (2021) Gender equality: Economic value of care from the perspective of the applicable EU funds.

(73) European Social Partners joint statement on childcare provisions in the EU. https://www.etuc.org/en/document/european-social-partners-joint-statement-childcare-provisions-eu

(74) European parliament Resolution of 29 April 2021 on European Child Guarantee.

(75) Council Recommendation (EU) 2021/1004 establishing a European Child Guarantee.

(76) EIGE report (2021) Gender inequalities in care and consequences for the labour market.

(77) European Commission Long-term care report https://ec.europa.eu/social/BlobServlet?docId=24079&langId=en

(78) Social Protection Committee and the European Commission (2021) Long-term care report.

(79) European Commission Long-term care report https://ec.europa.eu/social/BlobServlet?docId=24079&langId=en

(80) Eurocarers 2021 Report on Impact of COVID-19 on outbreak on informal carers across Europe.

(81) ILO, 2022, ‘Care at work: Investing in care leave and services for a more gender equal world of work’,

(82) ILO, 2022, ‘Care at work: Investing in care leave and services for a more gender equal world of work’,

(83) European Commission, 2021, Green Paper on Ageing.

(84) https://ec.europa.eu/info/sites/default/files/economy-finance/dp074_en.pdf

(85) Alzheimer Europe, Dementia in Europe Yearbook 2019 (2020) Estimating the prevalence of dementia in Europe.

(86) https://www.oecd.org/fr/publications/who-cares-attracting-and-retaining-elderly-care-workers-92c0ef68-en.htm

(87) https://www.finanzwende-recherche.de/wp-content/uploads/2021/10/Finanzwende_BourgeronMetzWolf_2021_Private-Equity-Investoren-in-der-Pflege_20211013.pdf

(88) https://www.eurofound.europa.eu/publications/article/2021/wages-in-long-term-care-and-other-social-services-21-below-average

(89) ‘Primary prevention is directed towards preventing the initial occurrence of a disorder. Secondary and tertiary prevention seeks to arrest or retard existing disease and its effects through early detection and appropriate treatment; or to reduce the occurrence of relapses and the establishment of chronic conditions through, for example, effective rehabilitation.’ Reference: WHO, Health promotion glossary, 1998.

(90) The data on ethnic origin should be collected on voluntary and anonymous basis solely for the purposes of identifying and combatting discriminatory acts.

(91) As stipulated in the Council Recommendation (EU) 2021/1004 of 14 June 2021 establishing a European Child Guarantee.

(92) European Parliament resolution of 17 December 2020 on a strong social Europe for Just Transitions (2020/2084(INI)); European Parliament resolution of 7 April 2022 on the EU’s protection of children and young people fleeing the war in Ukraine (2022/2618(RSP)).

(93) Digital solutions, for example applications, which are composed of different modules and functions that can be combined with the application’s basic form to have as a result an application fit for individual users’ needs and wishes.

(94) https://ec.europa.eu/social/main.jsp?catId=738&langId=en&pubId=7724

(95) Social Protection Committee and European Commission (2021), Long-term care report: Trends, challenges and opportunities in an ageing society, vol. 1.

(96) Eurofound (2020): Long-term care workforce: Employment and working conditions.

(97) Policy Department for Economic, Scientific and Quality of Life Policies (2021), EP Study requested by EMPL: Policies for long-term carers.

(98) Policy Department for Economic, Scientific and Quality of Life Policies (2021), EP Study requested by EMPL: Policies for long-term carers.

(99) Santini, Socci et al. (2020): Positive and Negative Impacts of Caring among Adolescents Caring for Grandparents. Results from an Online Survey in Six European Countries and Implications for Future Research, Policy and Practice (https://me-we.eu/wp-content/uploads/2020/10/Positive-and-Negative-Impacts-of-Caring.pdf).

(100) For public revenue purposes, Member States should examine the best way to formalise employment, and in that way the revenue collection deriving from this employment. In doing that, they should take into account in the calculations tax deduction systems and the use of service vouchers.

(101) Eurofound (2021), Understanding the gender pay gap: What difference do sector and occupation make? Publications Office of the European Union, Luxembourg. Eurofound (2021), Minimum wages in 2021: Annual review, Minimum wages in the EU series, Publications Office of the European Union, Luxembourg.

(102) https://www.oecd-ilibrary.org/social-issues-migration-health/who-cares-attracting-and-retaining-elderly-care-workers_92c0ef68-en;jsessionid=CUiqVaYYMpv7-fVciq3IIhh787q6ZHLU19L9LeR1.ip-10-240-5-42

(103) https://www.eesc.europa.eu/sites/default/files/ files/report_on_the_eesc_country_visits_to_uk_germany_italy_poland_0.pdf

7.2.2023

Official Journal of the European Union

C 47/63

P9_TA(2022)0279

Mental Health in the Digital World of Work

European Parliament resolution of 5 July 2022 on mental health in the digital world of work (2021/2098(INI))

(2023/C 47/05)

The European Parliament,

—	having regard to Article 3 of the Treaty on European Union,

—	having regard to Articles 4, 6, 9, 114, 153, 169 and 191 and, in particular, to Article 168 of the Treaty on the Functioning of the European Union,

—	having regard to Articles 2, 3, 14, 15, 21, 31, 32 and 35 of the Charter of Fundamental Rights of the European Union (‘the Charter’),

—	having regard to the European Pillar of Social Rights, in particular principle 10 thereof,

—	having regard to the UN Convention on the Rights of Persons with Disabilities,

—	having regard to the UN mental health and well-being strategy of 2018,

—	having regard to the World Health Organization (WHO) manifesto for a healthy recovery from COVID-19 of 18 May 2020,

—	having regard to WHO World Mental Health Day 2021 — ‘Mental healthcare for all: let’s make it a reality’,

—	having regard to the WHO European framework for action on mental health for 2021-2025,

—

having regard to the Organisation for Economic Co-operation and Development (OECD) health policy study of 8 June 2021 entitled ‘A New Benchmark for Mental Health Systems: Tackling the Social and Economic Costs of Mental Ill Health’ and mental health and work review of 4 November 2021 entitled ‘Fitter Minds, Fitter Jobs: from Awareness to Change in Integrated Mental Health, Skills and Work Policies’,

—	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 (1),

—	having regard to Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers (2),

—	having regard to Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (3),

—	having regard to Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (4),

—	having regard to Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (5),

—	having regard to Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (6),

—	having regard to Council Directive 89/654/EEC of 30 November 1989 concerning the minimum safety and health requirements for the workplace (7),

—	having regard to Council Directive 90/270/EEC of 29 May 1990 on the minimum safety and health requirements for work with display screen equipment (8),

—	having regard to its resolution of 17 April 2020 on EU coordinated action to combat the COVID-19 pandemic and its consequences (9),

—	having regard to its resolution of 10 July 2020 on the EU’s public health strategy post-COVID-19 (10),

—	having regard to its resolution on 21 January 2021 with recommendations to the Commission on the right to disconnect (11),

—	having regard to its resolution of 17 February 2022 on empowering European youth: post-pandemic employment and social recovery (12),

—	having regard to its resolution of 16 September 2021 on fair working conditions, rights and social protection for platform workers — new forms of employment linked to digital development (13),

—	having regard to the Council conclusions of 24 October 2019 on the economy of well-being (14), which call for a comprehensive EU mental health strategy,

—	having regard to the Council conclusions of 8 June 2020 on enhancing well-being at work,

—	having regard to the Commission communication of 28 June 2021 entitled ‘EU strategic framework on health and safety at work 2021-2027 — Occupational safety and health in a changing world of work’ (COM(2021)0323),

—	having regard to the Commission Green Paper of 14 October 2005 entitled ‘Improving the mental health of the population — Towards a strategy on mental health for the European Union’ (COM(2005)0484),

—	having regard to the Commission report of 14 July 2021 entitled ‘Employment and Social Developments in Europe — towards a strong social Europe in the aftermath of the COVID-19 crisis: reducing disparities and addressing distributional impacts’,

—	having regard to the 2008 European Pact for Mental Health and Well-Being,

—	having regard to the report from the European Youth Forum of 17 June 2021 entitled ‘Beyond Lockdown: the “pandemic scar” on young people’,

—	having regard to the Eurofound reports of 9 November 2021 entitled ‘Impact of COVID-19 on young people in the EU’ and 10 May 2021 entitled ‘Living, working and COVID-19: Mental health and trust decline across EU as pandemic enters another year’,

—	having regard to the report of the European Agency for Safety and Health at Work (EU-OSHA) of 7 December 2020 entitled ‘Preventing musculoskeletal disorders in a diverse workforce: risk factors for women, migrants and LGBTI workers’,

—	having regard to the EU-OSHA report of 7 October 2011 entitled ‘Mental health promotion in the workplace — a good practice report’,

—	having regard to the EU-OSHA report of 22 October 2021 entitled ‘Telework and health risks in the context of the COVID-19 pandemic: evidence from the field and policy implications’,

—	having regard to the opinion of the European Economic and Social Committee of 12 December 2012 entitled ‘The European Year of Mental Health — Better work, better quality of life’ (15),

—	having regard to the opinion of the Commission Expert Panel on Effective Ways of Investing in Health of 23 June 2021 on supporting the mental health of the health workforce and other essential workers’,

—	having regard to the joint EU-OSHA and Eurofound report of 13 October 2014 entitled ‘Psychosocial risks in Europe: prevalence and strategies for prevention’,

—	having regard to the Willis Towers Watson 2021 Employee Experience Survey,

—	having regard to the petitions submitted to the Committee on Petitions, for instance Nos 0956/2018 and 1186/2018,

—	having regard to Rule 54 of its Rules of Procedure,

—	having regard to the report of the Committee on Employment and Social Affairs (A9-0184/2022),

whereas the right to physical and mental health is a fundamental human right and whereas every human being is entitled to the highest attainable standard of health; whereas the WHO defines mental health as ‘a state of mental well-being that enables people to cope with the stresses of life, realise their abilities, learn well and work well, and contribute to their community’ (16); whereas mental health is also linked to other fundamental rights such as the right to human dignity, as enshrined in Article 1 of the Charter of Fundamental Rights of the EU, and the right to the integrity of the person, including mental integrity, as enshrined in Article 3 of the Charter;

whereas research shows that the COVID-19 pandemic has shaped organisational and managerial practices and changed working conditions for many workers in Europe, with consequences for working time, well-being and the physical environment of the workplace; whereas extraordinary demands have been placed on healthcare and essential workers; whereas these workers have had to cope with a demanding work environment, a lack of protection and fears for their safety, which has had a negative psychological impact; whereas understanding mental health issues in the workplace not only means being cognisant of mental disorders in line with the diagnostic criteria of the International Classification of Diseases for Mortality and Morbidity Statistics (e.g. depression) (17), but also seeking to promote well-being, avoiding misunderstanding and stigmatisation and devising and implementing the right measures and treatment to manage those disorders (18);

whereas the pandemic unleashed a sharp increase in care responsibilities in combination with work, which disproportionately affected women and widened the gender disparity in unpaid care; whereas this had a negative impact on the mental health of people with care responsibilities, as many workers had to cope with much more stress by taking on the increased care responsibilities of home-schooling and childcare during lockdown or by providing informal care or performing any other kind of work for dependent relatives;

whereas research shows that the pandemic gave rise to teleworking on a large scale, which has had positive consequences such as more flexibility and autonomy and, in some cases, a better work-life balance; whereas, however, these gains do not always outweigh the negative consequences such as being overly connected, a blurring of the lines between one’s work and private life, a greater intensity of work and technology-related stress; whereas according to Eurofound’s COVID-19 surveys, the pandemic posed many challenges for workers working remotely; whereas while the considerable increase in teleworking may benefit workers and businesses, the right to physical and mental health must also be safeguarded and promoted in this context;

whereas psychosocial risks are the most prevalent health risks associated with teleworking; whereas a higher prevalence of teleworking is linked to long working hours and work-related stress; whereas according to the EU-OSHA, psychosocial risks may result in negative psychological, physical and social outcomes such as work-related anxiety, burnout or depression; whereas the working conditions that lead to psychosocial risks may include an excessive workload, conflicting demands, a lack of clarity about one’s role, a lack of involvement in decisions affecting workers themselves, a lack of influence over the way one’s job is done, poorly managed organisational change, a lack of job security, ineffective communication, a lack of support from management or one’s colleagues, psychological and sexual harassment, and third-party violence; whereas Member States do not have the same legally binding common standards and principles for psychosocial risks, which leads to de facto unequal legal protections for workers;

whereas an increasing number of employers are using digital tools such as apps, software and artificial intelligence (AI) to manage their workers; whereas as such, algorithmic management presents new challenges for the future of work such as technology-enabled control and surveillance through prediction and flagging tools, remote real-time monitoring of progress and performance and time-tracking, and entail significant risks for workers’ health and safety, notably their mental health and right to privacy and human dignity; whereas digitalisation and advanced new technologies such as AI and AI-based machinery are transforming the nature of work; whereas about 40 % of human resources departments in international companies now use AI applications and 70 % consider this a high priority for their organisation; whereas the new digital economy must be regulated to foster shared prosperity and ensure the well-being of society at large;

G.	whereas this new situation requires us to adopt a fresh and broader definition of health and safety at the workplace, which can no longer be separated from mental health;

whereas the COVID-19 pandemic has disproportionately affected the mental well-being of healthcare and long-term care workers — the majority of whom are women — as well as vulnerable populations including ethnic minorities, the LGBTIQ+ community, older people, single parents, persons with disabilities and pre-existing mental health issues, people of a lower socio-economic status, the unemployed, and people living in the outermost regions and remote, poorly connected areas; whereas the mental health of young people has worsened significantly during the pandemic, with problems related to mental health having doubled in several Member States and a severe impact on the employment of young people and reduction in their incomes, including job losses; whereas 9 million adolescents in Europe (persons aged 10 to 19) are living with mental health disorders, with anxiety and depression accounting for more than half of those cases;

whereas too many people in the EU do not have access to public mental and occupational health services; whereas mental well-being has reached its lowest level across all age groups since the onset of the pandemic, with the deterioration in mental health being attributed to disruptions in access to mental health services, an increased workload and a labour market crisis that disproportionately affected young people; whereas public mental and occupational health services are notoriously underfunded; whereas work-related stress can be a consequence of several factors such as time-constraint pressures, long or irregular working hours and poor communication and cooperation within the organisation; whereas there is a strong correlation between migraines or severe headaches and depression and anxiety, among other comorbid psychiatric disorders, which has a knock-on effect on working performance and employee absences; whereas clinical and applied research into the prevention, diagnosis and treatment of mental health conditions is also considerably underfunded; whereas mental health issues are currently the leading cause of global morbidity, with suicide the second-largest cause of death of young people in Europe; whereas prevention, awareness-raising, well-being activities and the promotion of mental health and a healthy culture at work can provide positive outcomes to improve the health of employees (19);

whereas workplace issues that affect mental health include job burnout, bore-out syndrome, stress, harassment, violence, stigma, discrimination and limited possibilities for growth or promotion, aspects which may be further exacerbated online; whereas last year the WHO revealed that more than 300 million people worldwide were suffering from work-related mental disorders such as burnout, anxiety, depression or post-traumatic stress, which correlates to the fact that one in four European workers feel that work has a negative impact on their health (20); whereas a negative working environment may lead to physical and mental health problems, the harmful use of substances or alcohol, absenteeism and lost productivity;

whereas the costs of mental ill health were estimated at more than 4 % of GDP across all EU Member States in 2015; whereas the cost of work-related depression is one of the leading causes of disability and depression and has been estimated at EUR 620 billion a year, resulting in EUR 240 billion in lost economic output (21); whereas the estimated cost of all headaches in the EU is over EUR 110 billion every year, around EUR 50 billion of which is attributed to migraines; whereas the prevention-related budgets across all EU Member States remain low at 3 % of total health expenditure;

whereas under EU occupational health and safety regulations (22), employers have a duty to protect workers’ health and safety in all aspects of their work; whereas employers continue to have a responsibility for occupational health and safety in the context of teleworking; whereas trade unions and occupational health and safety bodies in the workplace play a critical role in defending workers’ fundamental human right to a safe and secure workplace, including when teleworking;

M.	whereas stable employment, health (including mental health), conditions for full development, and a sense of influence and involvement for young people are the basic preconditions for exiting the crisis, strengthening societies and rebuilding economies;

Mental health and digital work: lessons learned from the COVID-19 pandemic

Regrets the fact that during the COVID-19 pandemic, the mental health of employees and the self-employed was affected by disruptions to many services such as education, health, social support and increased stress factors such as financial insecurity, a fear of being unemployed, limited access to healthcare, isolation, technology-related stress, changes to working hours, the inadequate organisation of work and teleworking; calls for mental health to urgently be tackled by cross-sectional and integrated policies as part of a comprehensive EU mental health strategy and European care strategy supplemented by national action plans; reminds the Commission, in particular, that the protection of workers’ health should be an integral part of the EU-OSHA’s preparedness plans to prevent future health crises;

Stresses that the COVID-19 pandemic and subsequent economic crisis have placed a huge strain on the mental health and well-being of all citizens, but above all employees, the self-employed, young people, students transitioning to the workforce and older people, with an increasing prevalence of work-related psychosocial risks and higher rates of stress, anxiety and depression;

Stresses that the COVID-19 pandemic has had a negative impact on the transition from education to work and can therefore cause high levels of stress, anxiety and uncertainty for young people at the beginning of their careers, which is also likely to exacerbate their employment prospects and feed into a vicious cycle of issues with their mental health and well-being; calls for greater support for mental health, including for public employment services, in order to address the well-being of unemployed people;

Regrets the fact that mental health has not been treated as a priority in the same way as physical health, has been deprived of funding and has been short of qualified staff across the Member States, despite the intrinsic benefits associated with improved health and well-being and the substantial economic productivity gains and higher levels of participation in work deriving from public investment in mental health; believes that swift action is needed to improve the current situation;

Calls on the EU institutions and the Member States to recognise the high levels of work-related mental health problems across the EU and to strongly commit to actions regulating and implementing a world of digital work which helps to prevent mental health problems, protect mental health and a healthy work-life balance, and reinforce social protection rights in the workplace; calls for dialogue to be undertaken and efforts to be made to that end in concert with employers and workers’ representatives, including trade unions; stresses, in this regard, the essential need to adopt prevention plans for mental health risks in all workplaces; calls for a follow-up on the implementation of the WHO European framework for action on mental health for 2021-2025;

Regrets the disparity between the amount of EU action actually taken on health and the scope afforded by the Treaty on European Union and calls for more EU action to be taken within the scope of those competences; considers mental health to be the next health crisis and that the Commission should take action and tackle all potential risks through binding and non-binding measures, where relevant, and create a comprehensive EU mental health strategy in line with the Council conclusions of 24 October 2019 on the economy of well-being;

Notes that an EU mental health strategy should aim to require Member States to integrate mental healthcare with physical care in view of the close correlation between the two, to deliver effective care on the basis of evidence and human rights, to expand the number of services on offer to enable more people to access treatment and to support people to help them find or stay in work, among other endeavours; insists that poor mental health affects workers’ well-being and entails costs for welfare systems, with added expenditure for healthcare and social security; highlights the responsibility of the employer and the essential role of both the employer and social partners in devising and implementing such initiatives;

Recalls that the pandemic has shed light on the widespread mental health crisis across Europe and the various responses to it by the Member States and has demonstrated the importance of sharing best practices to respond to health emergencies, revealing gaps in foresight, including preparedness, response tools and adequate funding; calls on the Commission and the Member States to include mental health impacts in their health crisis and pandemic emergency response and preparedness plans; believes that the current mental health crisis should be considered a health emergency;

Welcomes the ongoing negotiations for a regulation repealing Decision No 1082/2013/EU of the European Parliament and of the Council of 22 October 2013 on serious cross-border threats to health (23) and the ongoing negotiations on reforming the European Centre for Disease Prevention and Control and strengthening the mandate of the European Medicines Agency;

10.

Applauds the essential and frontline workers who sacrificed their own well-being to perform life-saving work during the pandemic; is concerned about the greater work-related mental health risks for health and long-term care workers; calls on the Commission to devote particular attention to essential and frontline workers in upcoming proposals on mental health at work; calls for Member States to improve their working conditions, address staff shortages and commit the necessary resources in order to ensure that such sacrifices are not required again, ensuring that workers have immediate access to adequate mental health resources and protection and psychosocial interventions, which should be extended beyond the acute crisis period; stresses that the vast majority of essential and frontline workers are women and are often on lower incomes, bearing greater work-related mental health risks;

The digital transition and mental health

11.

Recognises that quality employment can help provide individuals with a purpose as well as financial security and independence; emphasises the positive relationship between good mental health, good working conditions, adequate salaries, work productivity, well-being and quality of life; notes that a sense of purpose and identity for workers can be challenged in a context of increasing digitalisation, which can lead to physical and mental health problems; affirms that prevention is therefore key; believes that adequate working conditions and active labour market programmes could help to combat psychosocial risks by providing opportunities for quality jobs and social protection; notes that depression and mental health disorders can be a barrier to staying in and obtaining employment and that additional support is necessary for jobseekers;

12.

Recognises the opportunities that the digital transformation can create for the employment of persons with disabilities on the open labour market; stresses, in this context, that the digital transformation should not lead to isolation and social exclusion; highlights, moreover, the difficulties faced by older people, who are at particular risk of digital exclusion due to changing working conditions and new digital tools; stresses the importance for all workers, and above all older people, to be able to access lifelong learning and professional development adapted to their individual needs; calls on the Member States to expand the provision of digital education aimed at older people; stresses the importance of intergenerational exchanges in the working environment;

13.

Recalls that proactive approaches to digitalisation, such as improving digital skills in the workplace or allowing for flexible working hours, can help to mitigate work-related stress; points out that AI has the potential to improve working conditions and quality of life, including a better work-life balance and better accessibility for persons with disabilities, to predict labour market development and to support human resources management in preventing human bias; cautions, however, that AI also gives rise to concerns over privacy and occupational health and safety such as the right to disconnect, and can lead to the disproportionate and illegal surveillance and monitoring of workers, infringing on their dignity and privacy, as well as discriminatory treatment in recruitment processes and other areas due to biased algorithms, including on the grounds of gender, race and ethnicity; is concerned, furthermore, that AI can undermine the freedom and autonomy of people, such as through prediction and flagging tools, real-time monitoring and tracking and automated behavioural nudges, and contribute to workers’ mental health problems such as burnout, technology-related stress, psychological overload and fatigue; stresses that AI solutions in the workplace must be transparent, fair and avoid any negative implications for workers and must be negotiated between employers and workers’ representatives including trade unions; calls on the Commission and the Member States, in this regard, to devise a legislative proposal on AI in the workplace to ensure appropriate protection for workers’ rights and well-being, including their mental health and fundamental rights such as non-discrimination, privacy and human dignity in an increasingly digitalised workplace; notes that online harassment tends to have a disproportionate impact on the most vulnerable groups including younger, female and LGBTQI+ workers; stresses that only 60 % of Member States have specific legislation in place to address bullying and violence at work, and calls on the Commission and the Member States, therefore, to propose targeted mandatory measures to reverse and tackle this increasing problem at work and protect the victims with all the necessary resources;

14.

Calls on the Commission and the Member States to ensure that the preventive and protective measures aimed at eradicating violence, discrimination and harassment in the world of work, including third-party violence and harassment (i.e. by customers, clients, visitors or patients), where applicable, apply regardless of the reason or cause of harassment and are not limited to cases based on discriminatory grounds; calls on the Member States to ratify the International Labour Organization Convention (No 190) on Eliminating Violence and Harassment in the World of Work and Recommendation (No 206) on Violence and Harassment and to put in place the necessary laws and policy measures to prohibit, prevent and address violence and harassment in the world of work; calls on the Commission to ensure that the scope of the proposed directive on combating violence against women and domestic violence (24) fully covers violence and harassment at work as a criminal offence and that workers receive appropriate protection with the involvement of trade unions;

15.

Stresses the need to protect workers from exploitation by their employers in the use of AI and algorithmic management, including prediction and flagging tools to predict employee behaviour and identify or deter rule-breaking or fraud by workers, real-time monitoring of progress and performance, time-tracking software and automated behavioural nudges; calls for a ban on the surveillance of workers;

16.

Considers it necessary to develop a new paradigm to factor in the complexity of the modern workplace in relation to mental health, as the regulatory instruments currently in force are not sufficient to guarantee the health and safety of workers and need to be updated and improved;

17.

Emphasises that the use of technology and AI in the workplace should never be used to the detriment of workers’ mental health and well-being; notes that the deployment of AI at work must not lead to excessive monitoring in the name of productivity or the surveillance of workers;

18.

Notes that there is a wide digital gender gap in specialist skills and employment in the ICT sector, where only 18 % of workers are women and 82 % are men (25); considers it vital that technological systems be designed in an inclusive manner in order to prevent discrimination, mental health issues or other harmful effects of non-inclusive design; urges the Commission and the Member States to work together to close the digital gender gap for women in science, technology, engineering and mathematics (STEM) and to look into providing incentives for ICT organisations to hire a diverse workforce;

19.

Welcomes Directive (EU) 2019/1158 on work-life balance for parents and carers, as it provides flexibility and serves to alleviate work-related issues; stresses, however, that women continue to be disproportionately affected, as the pandemic has shown; believes that while teleworking offers many opportunities, it are also presents challenges in terms of the social, professional and digital divide; stresses that women continue to take on the bulk of family-related leave, which continues to have a negative impact on their career progression, personal development, pay and pension entitlements; invites the Member States to go beyond the requirements of the directive and to increase the number of days granted for carers’ leave and provide remuneration for informal carers when taking leave; calls on the Member States to strongly commit to protecting workers’ family time and work-life balance; calls on the Member States to encourage an equal share of caring responsibilities between women and men through non-transferable paid leave periods between parents, which would allow women to engage in full-time employment to a greater extent; highlights that women are at greater risk of stress, exhaustion, burnout and psychological violence due to new teleworking arrangements and the lack of regulation to control abusive labour practices;

20.

Notes the shift to teleworking during the pandemic and the flexibility it provided for many employees and the self-employed; recognises, however, that teleworking has also proved especially challenging for the most disadvantaged individuals and single-parent households; acknowledges that the combination of teleworking and childcare, especially for children with special needs, could pose a threat to family life and the well-being of both parents and children; encourages employers to provide clear and transparent rules on teleworking arrangements to ensure that working hours are respected and prevent social and professional isolation and the blurring of working time with other time spent at home; notes that teleworking has been proven to have a major impact on the organisation of working time by increasing flexibility and making workers constantly available, which has frequently resulted in work-life conflict; recalls, nevertheless, that if it is properly regulated and implemented, teleworking could provide workers with the flexibility to adapt their working hours and schedules to meet their own personal and family needs; emphasises, in this connection, that a full or partial shift to teleworking should be the result of an agreement between the employer and employee representatives;

21.

Notes with concern that teleworking is not yet available to all workers; stresses the impact of the shift to teleworking on the mental health of those in danger of digital exclusion; stresses the importance of fighting the digital divide in Europe and the necessity of retraining younger and older people in order to ensure a sufficient level of digital skills for all workers; calls for more targeted investments in the provision of digital skills, especially groups that are more digitally excluded such as people of a low socio-economic status and a limited educational background, older people and people in rural and remote areas; calls on the Commission to propose a legislative framework to establish minimum requirements for teleworking across the EU, without undermining the working conditions of teleworkers; stresses that such a legislative framework should clarify working conditions, ensure that such work is carried out on a voluntary basis and that the rights, work-life balance, workload and performance standards of teleworkers are equivalent to those of comparable on-site workers; calls on the Commission and the Member States to provide measures on accessibility and inclusive technology for persons with disabilities; notes that this framework should be developed in consultation with the Member States and European social partners, should fully respect national labour market models and should take into consideration the European Social Partners Framework Agreements on Telework and on Digitalisation; calls on the Commission and the Member States to pay particular attention to persons with mental or physical disabilities; stresses that the working conditions of teleworkers are equivalent to those working on-site and that specific measures need to be taken to follow up and support the well-being of remote workers;

22.

Considers that the right to disconnect is essential to ensuring the mental well-being of employees and the self-employed, not least for female workers and workers in non-standard forms of work, and should be complemented by a preventive and collective approach to work-related psychosocial risks; calls on the Commission to propose, in consultation with the social partners, a directive on minimum standards and conditions to ensure that all workers are able to effectively exercise their right to disconnect, and to regulate the use of existing and new digital tools for work purposes in line with Parliament’s resolution of 21 January 2021 with recommendations to the Commission on the right to disconnect, while taking into consideration the European Social Partners Framework Agreement on Digitalisation; calls on the Member States, furthermore, to better coordinate the exchange of best practices, as some of them are putting in place some very innovative policies and projects;

23.

Notes that if they are revised and updated, Council Directives 89/654/EEC and 90/270/EEC laying down minimum safety and health requirements for the workplace and for work with display screen equipment can contribute to the protection of all workers, including platform workers and the self-employed, alongside the different projects developed by EU agencies and Member States;

24.

Stresses that the provision of accessibility and reasonable accommodation is applicable to work-related digital environments and that, as such, employers should put in place measures to adapt and ensure fair and equal working conditions for persons with disabilities, including those with mental health issues, including compliance with relevant digital accessibility standards deriving from Directive (EU) 2019/882;

25.

Welcomes the Commission’s commitment to modernising the legislative framework for occupational health and safety by reviewing Council Directives 89/654/EEC and 90/270/EEC laying down minimum safety and health requirements for the workplace and for work with display screen equipment;

Workplace health and safety

26.

Is concerned about the disconnect between current policy on mental health and attitudes in the workplace, which do not properly reflect the fact that protecting the employee is a key asset for EU leaders for the remainder of the decade; emphasises that due to stigma and discrimination, employees often feel unable to discuss issues; calls on the Member States to ensure that employers fulfil their obligations to provide support and clear information to all workers, and to ensure that the workers affected are reintegrated fairly into the workplace; calls for workplaces to facilitate access to services for mental health support and external services and to prevention, early recognition and treatment for employees who may have mental health disorders and to support their reintegration and help to prevent relapses, as well as putting in place company mental health prevention plans, including on the prevention of suicide; calls, in addition, for the adoption of clear and effective prevention strategies as well as support strategies for workers returning to work after a long absence;

27.

Recalls that harassment and discrimination on multiple grounds exist in and are a frequent source of stress and disconnection from the workplace; recalls, in particular, that discrimination on the grounds of age, disability, sex, gender, sexual orientation, race, educational or socio-economic status and belonging to vulnerable groups is widespread and should be addressed by employers; stresses the importance of including an anti-harassment policy in health and safety measures in the digital world of work and of providing support for businesses, especially small and medium-sized enterprises (SMEs), to help them put in place policies to combat harassment and bullying; calls for an EU-wide information campaign on mental health awareness in order to address the stigma, misperceptions and social exclusion that are often associated with poor mental health;

28.

Believes that the current measures to encourage improvements in the health and safety of workers are insufficient, especially as far as the assessment and management of psychosocial risks is concerned; calls on the Commission to establish mechanisms for the prevention of anxiety, depression and burnout and the reintegration into the workplace of those affected by psychosocial problems; recalls that an individual and organisational approach to work (26) is crucial to this end; notes, however, that these health conditions may depend on a number of factors; calls on the Commission, in consultation with the social partners, to revise its recommendation of 19 September 2003 concerning the European schedule of occupational diseases (27) with additions such as work-related musculoskeletal disorders, work-related mental health disorders, in particular depression, burnout, anxiety and stress, all asbestos-related diseases and skin cancers and rheumatic and chronic inflammation; calls on the Commission, once it has consulted the social partners, to transform this recommendation into a directive establishing a minimum list of occupational diseases and setting out the minimum requirements for their recognition and adequate compensation for the individuals concerned;

29.

Acknowledges that as part of efforts to tackle psychosocial risks, national labour inspectorates can have an important role to play by enforcing preventive and/or corrective interventions in the context of work; calls on the European Labour Authority to work on a common strategy for national labour inspectorates to tackle psychosocial risks, including devising a common framework covering the evaluation and management of psychosocial risks and catering for the different training needs of labour inspectors;

30.

Points out that while the new EU strategic framework on health and safety at work for 2021-2027 rightly notes the need for changes to the working environment in order to tackle hazards to psychosocial well-being, it only focuses on individual interventions, which are a limited part of psychosocial risk mitigation; stresses the urgent need for a common basis to safeguard the mental health of all workers across the EU, as they are not uniformly protected across all Member States — not even under current EU legislation; calls on the Commission, in this regard, to propose a legislative initiative, in consultation with social partners, on the management of psychosocial risks and well-being at work in order to effectively prevent psychosocial risks in the workplace, including online, provide training for management and workers, periodically assess progress and improve the working environment; considers that preventive occupational health and safety policies should also involve social partners in the identification and prevention of psychosocial risks; notes that anonymous employee surveys such as questionnaires and other data collection exercises can provide useful information on the extent to which and reasons why employees are stressed, making it easier for management to identify issues and make adjustments where needed;

31.

Calls on the Commission and the Member States to take into account the latest scientific evidence and research in mental health, especially regarding the potential of innovative approaches in mental health treatment; encourages the Commission to closely follow and monitor best practices that have been already successfully implemented in this area and to facilitate the exchange of those best practices among the Member States; calls on the Member States, in particular, to ensure that they have effective committees in place on health and safety at work in order to provide more frequent and accurate risk assessments and to strengthen the prerogatives of existing health and safety committees by giving them the right to avail themselves of external expertise, including independent, third-party evaluations of exposure to work-related psychosocial risks;

32.

Considers it essential that managers be given the psychosocial training required to adapt to work organisation practices and to foster a deep understanding of poor mental health in the workplace; deems it equally essential that workers also be provided with the relevant training on the prevention of work-related psychosocial risks; encourages employers to foster positive approaches, policies and practices to good occupational mental health and well-being; highlights, to this end, that companies could consider designating and training a reference employee for mental health or putting a dedicated section on the internal communication platform for their workplace with information to point employees in the direction of mental health services; believes that social partners could play a central role in devising and implementing such training and highlights the particular need to provide labour inspectorates with training to ensure they can adequately protect workers;

33.

Calls on the Commission and the Member States to acknowledge and raise awareness of the impact on the mental health of workers of highly prevalent and debilitating neurological disorders such as migraines; notes the importance of raising awareness in the workplace on the importance of identifying and preventing migraines by avoiding their triggers;

34.

Calls on labour inspectorates in the EU to target the psychosocial working environment in their inspections; invites the Commission’s Senior Labour Inspectors’ Committee to put forward a new campaign on psychosocial risks, building on the findings of the 2012 campaign and more recent developments;

A modern world of work for the well-being of workers

35.

Underlines that given the lack of sufficient mental health support and preventive policies in the workplace, employees often have to rely on private services that are difficult to afford and the services of non-governmental organisations (NGOs) and national hospital facilities, which may have long waiting lists and lack support and resources themselves; calls for workplaces to ensure that employees have accessible, professional and impartial mental health support and remedies, with due respect for workers’ privacy and confidentiality, and calls on the Member States to ensure that public healthcare includes easy access to remote counselling;

36.

Encourages the Commission to launch education and awareness initiatives on mental health in the workplace and in educational curricula and calls on the Commission and the Member States to leverage EU funds to establish digital platforms and applications for mental health; calls on the Commission to examine the feasibility of establishing a common EU helpline for mental health support; calls on the Commission, in this connection, to provide an adequate budget for the relevant EU programmes; urges the Commission to designate 2023 as the EU Year of Good Mental Health in order to realise the aforementioned mental health education and awareness initiatives;

37.

Calls on the Member States to ensure that local and other relevant public authorities have sufficient staff and public resources to provide mental health support and services to everyone who needs them;

38.

Recognises that the lack of statistics on the prevalence of mental health issues in the workplace, especially for SMEs and their owners and for the self-employed, undermines the need for urgent intervention; calls on the Member States, Eurostat, public institutions, experts, social partners and the research community to collaborate and gather up-to-date data on work-related risks for mental ill health and the negative impacts thereof, disaggregated by gender and other relevant aspects, as well as data on the effectiveness of the different types of interventions in order to promote better mental health in the workplace in a harmonised manner;

39.

Calls on the Member States to assess the possibility of creating local or regional mediation services for psychosocial risks, which should provide advice and technical support for the self-employed and employers, managers and workers in micro-enterprises and SMEs on psychosocial risk prevention and psychosocial conflicts in the workplace, as well as disseminate information on psychosocial risks and their prevention; is concerned that entrepreneurs and SMEs require particular support to manage the impact of everyday pressure and stress factors and promote mental health awareness in the workplace, and calls for EU initiatives to assist them with risk assessment, prevention and awareness-raising campaigns and putting good practices in place; highlights the role of the EU-OSHA in providing micro-enterprises and SMEs with the tools and standards they need to assess the risks to their workforce and implement adequate prevention measures; considers that the EU-OSHA should be strengthened in this regard in order to better promote healthy and safe workplaces across the EU and further develop initiatives to improve workplace prevention in all sectors of activity;

40.

Points out that the mental health of young people has got considerably worse during the pandemic, with young women and young people in marginalised situations more severely affected; regrets the fact that young people are not the target of investment in mental health research despite the manifest long-term benefits of early intervention; points out that 64 % of young people between 18 and 34 were at risk of depression in 2021 due to a lack of employment and financial and educational prospects as well as loneliness and social isolation; stresses that one of the best tools to tackle mental health issues (28) among young people is to provide them with meaningful prospects for good-quality education and employment; calls on the Commission to address the disruption in access to the labour market, which has put young people at greater risk of mental health disorders, and to take action to support young people in accessing and retaining adequate employment;

41.

Calls on the Commission and the Member States, in collaboration with Parliament and respecting the principle of subsidiarity, to propose a common legal framework to ensure fair remuneration for traineeships and apprenticeships in order to avoid exploitative practices; calls on the Commission to develop a recommendation to ensure that traineeships, apprenticeships and job placements count as work experience and consequently grant access to social benefits;

o o

42.

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

(1) OJ L 57, 18.2.2021, p. 17.

(2) OJ L 188, 12.7.2019, p. 79.

(3) OJ L 151, 7.6.2019, p. 70.

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

(5) OJ L 299, 18.11.2003, p. 9.

(6) OJ L 183, 29.6.1989, p. 1.

(7) OJ L 393, 30.12.1989, p. 1.

(8) OJ L 156, 21.6.1990, p. 14.

(9) OJ C 316, 6.8.2021, p. 2.

(10) OJ C 371, 15.9.2021, p. 102.

(11) OJ C 456, 10.11.2021, p. 161.

(12) Texts adopted, P9_TA(2022)0045.

(13) OJ C 117, 11.3.2022, p. 53.

(14) OJ C 400, 26.11.2019, p. 9.

(15) OJ C 44, 15.2.2013, p. 36.

(16) WHO fact sheet, Mental Health: strengthening our response, 17 June 2022.

(17) International Classification of Diseases for Mortality and Morbidity Statistics, ‘Problems associated with employment or unemployment’.

(18) List of mental disorders as per WHO fact sheet on mental disorders, 8 June 2022.

(19) Before the pandemic it was estimated that 25 % of EU citizens would experience a mental health problem in their lifetime. Source: European Network for Workplace Health Promotion, A guide for employers to promote mental health in the workplace, March 2011.

(20) Eurofound, Sixth European Working Conditions Survey, 2017.

(21) Opinion of the Commission Expert Panel on Effective Ways of Investing in Health, Supporting the mental health of the health workforce and other essential workers, 23 June 2021.

(22) EU-OSHA summary on Council Directive 89/391/EEC, last updated on 3 May 2021.

(23) OJ L 293, 5.11.2013, p. 1.

(24) Proposal for a directive of the European Parliament and of the Council of 8 March 2022 on combating violence against women and domestic violence (COM(2022)0105).

(25) European Commission, Women in Digital Scoreboard 2020.

(26) EU-OSHA, Telework and health risks in the context of the COVID-19 pandemic: evidence from the field and policy implications, 22 October 2021.

(27) OJ L 238, 25.9.2003, p. 28.

(28) OECD, Supporting young people’s mental health through the COVID-19 crisis, 12 May 2021, and European Youth Forum, Beyond Lockdown: the ‘pandemic scar’ on young people, 17 June 2021.

7.2.2023

Official Journal of the European Union

C 47/75

P9_TA(2022)0280

Banking Union — annual report 2021

European Parliament resolution of 5 July 2022 on Banking Union — annual report 2021 (2021/2184(INI))

(2023/C 47/06)

The European Parliament,

—	having regard to Articles 114, 127(6) and 140(1) of the Treaty on the Functioning of the European Union,

—	having regard to its resolution of 7 October 2021 entitled ‘Banking Union — annual report 2020’ (1),

—	having regard to the Commission’s follow-up to Parliament’s resolution of 7 October 2021 entitled ‘Banking Union — annual report 2020’,

—	having regard to the document by the European Central Bank (ECB) entitled ‘Feedback on the input provided by the European Parliament as part of its “Resolution on Banking Union — Annual Report 2020”’ (2),

—	having regard to the ECB’s 2020 Annual Report on Supervisory Activities, presented on 23 March 2021 (3),

—	having regard to the ECB supervisory priorities for the period 2022-2024, published on 7 December 2021 (4),

—	having regard to the response of the Single Resolution Board (SRB) to Parliament’s resolution of 7 October 2021 entitled ‘Banking Union — annual report 2020’,

—	having regard to its resolution of 8 October 2020 entitled ‘Digital Finance: emerging risks in crypto-assets-regulatory and supervisory challenges in the area of financial services, institutions and markets’ (5),

—	having regard to its resolution of 8 October 2020 entitled ‘Further development of the Capital Markets Union (CMU): improving access to capital market finance, in particular by SMEs, and further enabling retail investor participation’ (6),

—	having regard to the Five Presidents’ Report of 22 June 2015 entitled ‘Completing Europe’s Economic and Monetary Union’,

—	having regard to the Commission’s banking package of 27 October 2021 (7),

—	having regard to the Commission’s targeted consultation on improving the EU’s macroprudential framework for the banking sector, beginning on 30 November 2021 (8),

—	having regard to the Commission’s legislative package of 20 July 2021 on anti-money laundering and countering the financing of terrorism (9),

—	having regard to the ECB Financial Stability Review of November 2021 (10),

—	having regard to the study entitled ‘The digital euro: policy implications and perspectives’, requested by its Committee on Economic and Monetary Affairs and published by its Directorate-General for Internal Policies in January 2022 (11),

—	having regard to the ECB report of 2 October 2020 on the digital euro (12),

—	having regard to the ECB report entitled ‘Digital euro experimentation scope and key learnings’ (13),

—	having regard to the Memorandum of Understanding between the ECB and the UK authorities, which entered into force on 1 January 2021 (14),

—	having regard to the document of the ECB / European Systemic Risk Board (ESRB) Climate Risk Monitoring Team of July 2021 entitled ‘Climate-related risk and financial stability’ (15),

—	having regard to the ECB economy-wide climate stress test of September 2021 (16),

—	having regard to the ECB’s targeted review of internal models, published in April 2021,

—	having regard to the ECB report of November 2021 entitled ‘The state of climate and environmental risk management in the banking sector: Report on the supervisory review of banks’ approaches to manage climate and environmental risks’ (17),

—	having regard to the Paris Agreement and to the Glasgow Climate Pact adopted under the United Nations Framework Convention on Climate Change,

—	having regard to the SRB 2020 Annual Report of 30 June 2021 (18),

—	having regard to the SRB’s multi-annual work programme for 2021-2023 and its work programme for 2021 (19),

—	having regard to the SRB’s work programme for 2022 (20),

—	having regard to the European Banking Authority (EBA) report of 24 November 2021 entitled ‘IFRS 9 implementation by EU institutions — monitoring report’ (21),

—	having regard to the ECB recommendation of 15 December 2020 on dividend distributions during the COVID-19 pandemic (22),

—	having regard to the Commission communication of 16 December 2020 on tackling non-performing loans in the aftermath of the COVID-19 pandemic (COM(2020)0822),

—	having regard to its resolution of 14 March 2019 on gender balance in EU economic and monetary affairs nominations (23),

—	having regard to its resolution of 25 March 2021 on strengthening the international role of the euro (24),

—	having regard to the SRB monitoring report of November 2021 on risk reduction indicators,

—	having regard to the ECB’s feedback letter on the input provided by Parliament as part of its resolution of 7 October 2021 entitled ‘Banking Union — Annual Report 2020’,

—	having regard to the Commission proposal of 24 November 2015 for a regulation of the European Parliament and of the Council amending Regulation (EU) No 806/2014 in order to establish a European Deposit Insurance Scheme (COM(2015)0586),

—	having regard to the European Supervisory Authorities (ESAs) second joint risk assessment report of September 2021,

—	having regard to the EBA’s annual report entitled ‘Risk Assessment of the European Banking System — December 2021’ (25),

—	having regard to the EBA study of 16 December 2021 entitled ‘Guidelines on cooperation and information exchange between prudential supervisors, AML / CFT supervisors and financial intelligence units under Directive 2013/36/EU’ (26),

—	having regard to the ESRB document entitled ‘Monitoring the financial stability implications of COVID-19 support measures’, based on notes prepared at the ESRB General Board meetings of 25 March and 24 June 2021 (27),

—	having regard to the ESRB’s ‘Report of the Expert Group on Macroprudential Stance — Phase II (implementation)’ of December 2021 (28),

—	having regard to the Final Report of the Financial Stability Board of 1 April 2021 entitled ‘Evaluation of the Effects of Too-Big-To-Fail Reforms’ (29),

—	having regard to the in-depth analysis of October 2021 commissioned by the Committee on Economic and Monetary Affairs entitled ‘Don’t let up. The EU needs to maintain high standards for its banking sector as the European economy emerges from the Covid-19 pandemic’ (30),

—	having regard to the analysis by the Economic Management Support Unit (EGOV) of Parliament’s Directorate-General for Internal Policies of October 2021 entitled ‘Preventing money laundering in the banking sector — reinforcing the supervisory and regulatory framework’ (31),

—	having regard to the in-depth analysis of October 2021 commissioned by the Committee on Economic and Monetary Affairs entitled ‘Did the pandemic lead to structural changes in the banking sector?’ (32),

—	having regard to the analysis of the Economic Management Support Unit (EGOV) of Parliament’s Directorate-General for Internal Policies of October 2021 entitled ‘Impediments to resolvability — what is the status quo?’ (33),

—	having regard to the EGOV study of October 2021 entitled ‘Review of the crisis management and deposit insurance framework — Summary of some related issues’ (34),

—	having regard to Rule 54 of its Rules of Procedure,

—	having regard to the report of the Committee on Economic and Monetary Affairs (A9-0186/2022),

whereas the Banking Union currently consists of the Single Supervisory Mechanism (SSM) and the Single Resolution Mechanism (SRM), with the single rulebook as its foundation, ensuring full alignment between Banking Union members in respect of the supervision of banking activities and the management of banking crises and failures, while being an integral part of the Union’s financial stability; whereas although the Deposit Guarantee Schemes Directive (35) (DGSD) sets out high minimum standards in the area of deposit protection, the Banking Union remains unfinished because the third pillar, the European Deposit Insurance Scheme (EDIS), has not yet been established;

whereas a more stable, competitive and convergent Economic and Monetary Union (EMU) requires a solid Banking Union and a more developed and safe Capital Markets Union (CMU); whereas both projects are interconnected, and developing one should lead to progress and advances with the other; whereas both the Banking Union and the CMU are essential to bolstering the EU economy in the post-COVID-19 era;

C.	whereas the backstop for the Single Resolution Fund (SRF) will have been introduced by 2022, two years earlier than previously envisaged;

D.	whereas the banking union is open to all EU Member States; whereas Bulgaria and Croatia have joined the European exchange rate mechanism (ERM II) and have thus entered the Banking Union;

whereas the Russian aggression against Ukraine and its economic consequences will have a direct and indirect impact on the EU banking sector; whereas it is currently difficult to measure the extent and magnitude of this impact; whereas EU banks play a pivotal role in ensuring the implementation of and compliance with the sanctions imposed by the EU against Russia in response to the invasion;

whereas the response of the EU’s banking sector to the crisis triggered by the pandemic has proven the sector’s resilience, founded on the regulatory overhaul enacted since the global financial crisis and facilitated by the single rulebook and coordinated supervision in the Banking Union; whereas extraordinary and needed public policy relief measures and capital conservation practices have also provided significant support to the banking sector; whereas the aggregate non-performing loan (NPL) ratio decreased further, to 2,17 % in the third quarter of 2021, although in some Member States the absolute NPL volume remains high;

whereas the timely and targeted support during the COVID-19 pandemic has enabled banks to continue lending to the economy, protecting jobs and businesses, and contributing to economic growth; whereas these measures were a good initial tool for tackling the crisis; whereas there is a prospect of gradually phasing out supportive measures, giving way to recovery tools for the economy as a whole; whereas there is a need to reduce the still existing systemic risks posed by the interconnections and complexity of the EU banking system, which underpin the ‘too big to fail’ problem;

whereas ECB Banking Supervision has communicated that it will allow banks to operate below the level of their Pillar 2 Guidance (P2G) and the combined buffer requirement until at least the end of 2022 without automatically triggering supervisory action; whereas the purpose of that decision is to ensure that banks can continue to lend to the real economy;

I.	whereas as we emerge from the COVID-19 pandemic, the Union must maintain high standards, particularly when it comes to capital requirements and risk management practices, to ensure the resilience of the sector in the future;

whereas despite the high resilience of the banking sector during the COVID-19 crisis, there is a risk that the sector may be exposed to vulnerabilities, particularly in relation to asset quality, e.g. NPLs when the temporary support measures are phased out, which will require close monitoring and management;

K.	whereas the Banking Union should help to address the bank-sovereign nexus, which continues to exist; whereas the level of sovereign exposure has been growing in a number of banks; whereas the prudential treatment of sovereign debt should be consistent with international standards;

whereas the role of the banking and financial markets sector is crucial to the recovery and to the transition to a carbon-neutral and digitalised economy, particularly through the channelling of key financing to foster investment (especially to SMEs); whereas such a challenge will require a strong, stable, resilient and well-capitalised banking sector, combined with integrated capital markets;

whereas the transition to a carbon-neutral economy should be taken into account when assessing the sustainability of banks’ balance sheets, as a source of risk potentially impacting investments across regions and sectors; whereas there is a need for the further assessment of these potential risks and to deploy forward-looking risk management tools that can capture longer-term climate-related and environmental risks;

whereas great potential lies in the digitalisation of finance, which has brought about important technological advances in the EU banking sector through increased efficiency in the provision of banking services and a greater appetite for innovation; whereas the digitalisation of finance also presents challenges to the EU banking sector due to cybersecurity risks, data privacy, AML risks and consumer protection concerns; whereas the EU banking sector must increase its cyber resilience to ensure that ICT systems can withstand various types of cybersecurity threats; whereas the digitalisation of finance will have a significant impact on face-to-face banking, as well as on the availability of banking services in rural areas;

whereas challenges arise from crypto-assets and crypto-currencies, which are complex phenomena that call for sound political responses balancing incentives to innovate and protection for investors and consumers; whereas banks have a growing responsibility in this area; whereas the environmental impact of crypto-mining needs to be considered, as well as the security threat posed when crypto wallets are anonymous;

whereas given the remaining loopholes in the EU AML framework, there is a need for strengthened, harmonised and effective anti-money laundering supervision and enforcement, which is necessary to protect the integrity of the EU’s financial system and to protect against threats from high-risk third countries; whereas major differences still exist in the approaches taken to AML/combating the financing of terrorism (CFT) supervision by EU national authorities and in the application of EU AML legislation;

whereas the EU and the UK are currently committed to maintaining regulatory and supervisory cooperation in the field of financial services, and this cooperative approach should underpin long-term EU-UK relations; whereas the Commission will extend its temporary permit allowing EU banks and fund managers to use UK clearing houses;

whereas consumers, investors and all depositors should be properly protected in the Banking Union and should be kept well informed of any decisions that impact them; whereas consumer and investor protection is also of paramount importance in the deepening of the CMU; whereas EU law provides a common, basic level of protection for all consumers residing in the EU; whereas national rules implementing EU consumer protection requirements vary across the Banking Union and there is therefore a need for more harmonised and improved consumer protection across the EU; whereas the Banking Union still lacks effective tools to tackle the problems consumers are facing, such as artificial complexity, unfair commercial practices and the exclusion of vulnerable groups from the use of basic services;

S.	whereas one of the key objectives of the Banking Union is that taxpayers should not bear the cost of remedial action when a bank fails;

whereas the crisis management and deposit insurance (CMDI) framework should ensure a consistent and efficient approach for all banks, regardless of size or business model, as well as contributing to preserving financial stability, minimising the use of taxpayers’ money and ensuring a level playing field across the EU, while duly taking into account the principle of subsidiarity;

General considerations

Recalls that the Banking Union, which aligns responsibility for both the supervision and the resolution of banks in the euro area, and requires banks across the entire EU banking system to conduct activities in accordance with the same rule book, is an essential element for completing the EMU and the internal market; notes that the first two pillars of the Banking Union — the SSM and the SRM — are now in place and fully operational; notes, however, that a common system for deposit protection (EDIS) has not yet been established;

Recalls that the key goal of the Banking Union is the security and stability of the banking system in the euro area and the wider EU, and the prevention of bank bailouts by taxpayers; recalls that significant progress has been made since the financial crisis of 2008 through the establishment of the SSM and the SRM: Europe’s banks are now in a stronger position to withstand financial shocks, and resolution mechanisms are in place to ensure that failing banks can be wound up without the use of taxpayers’ money; supports efforts to strengthen and complete the Banking Union, and underlines that progress in its different areas should be made in parallel; stresses that the significant work undertaken to create a Banking Union has contributed to increased confidence in the EU banking sector and has increased its resilience and competitiveness, and that, consequently, throughout the COVID-19 pandemic, EU banks were robust, better capitalised and able to play an essential role in ensuring access to finance;

Recalls that all euro area Member States are part of the Banking Union, and that non-euro area Member States are also able to join; considers that the Banking Union should be built in a transparent, coherent and robust way, including for Member States outside the euro area; points out that Member States not belonging to the Banking Union are also bound by the rules of the single rulebook, which arose as a result of the process of harmonisation and integration of the EU banking system, and that their banking systems are de facto strongly linked to the Banking Union; welcomes the entry of Bulgaria and Croatia into the Banking Union and the inclusion of the Bulgarian lev and the Croatian kuna in ERM II; recognises that participation in the Banking Union requires compliance with EU standards and legislation;

Expresses deep concern about the Russian invasion of Ukraine and its economic consequences for the European economy; points out that the direct and indirect effects of this war will have an impact on the EU economy that is currently difficult to quantify and could pose potential risks to the stability of the EU banking sector; calls, therefore, on the ECB, the ESAs and the national competent authorities to closely monitor the impact of the war on the EU banking sector;

Notes that the banking sector has shown a relatively high degree of resilience to the COVID-19 crisis and has played an important role in minimising the negative impact of the pandemic on the economy; points out that this resilience is a result of the regulatory reforms adopted in the wake of the previous global financial crisis; underlines also the role of temporary measures, including those under Regulation (EU) No 575/2013 (36) (CRR quick fix) which enabled banks to continue lending to households and businesses, and the role of additional capital space provided by the ECB; stresses that regulatory reforms following the 2008 financial crisis should be protected and that regulatory gaps should be closed;

Notes that the emergency measures to support banks’ lending capacity to households and businesses should remain in place as long as is necessary; points out the importance of securing a well-coordinated, prudent, gradual and targeted shift from pandemic relief to recovery support tools, including reforms in the Member States through the national recovery and resilience reform plans; stresses that there is a prospect of gradually phasing out emergency measures; underlines, in this context, that the great instability created by the Russian invasion of Ukraine must be taken into account when deciding on the possible phasing-out of these measures; notes the decision of the Governing Council of the ECB of 16 December 2021 to cease net asset purchases under the Pandemic Emergency Purchase Programme (PEPP);

Underlines the key role of the EU banking sector and capital markets in financing the resilience, recovery, and green and digital transformation of the European economy including ensuring access to credit for SMEs; recalls that, in order to cope with these tasks, the EU banking sector needs to be strong, resilient, well regulated and well capitalised;

Points out that a strong and well-structured CMU, alongside the development of the Banking Union, will help to deliver better conditions for the financing of the European economy, for both households and companies that are still largely reliant on bank credit, to foster investments and job creation, while also contributing to the resilience of the European economy and catalysing the green transition; stresses that in order to complete the CMU it is necessary to ensure the proportionality of the adopted rules and the protection of retail clients; welcomes the legislative proposals presented on 25 November 2021 to advance the CMU; calls on the Commission and the ESAs to assess the need to better regulate the shadow banking sector, to put forward legislative proposals, where appropriate, and to continuously monitor the resilience of capital markets;

Welcomes the 2022-2024 supervisory priorities of the ECB, which are to: (1) emerge from the pandemic healthy, (2) seize the opportunity to address structural weaknesses via effective digitalisation strategies and enhanced governance, and (3) tackle emerging risks, including climate-related, environmental, IT and cyber risks; acknowledges the substantive efforts made to tackle these challenges by the banking sector in recent years and the results obtained; welcomes, in this context, the reduction of aggregate NPL ratios; stresses that EU and national supervisors must monitor risks closely as emergency public support measures are phased out; highlights the importance of prudent risk management and appropriate provisioning; recalls that risk reduction, together with risk sharing in the banking sector, would contribute to a more stable, strong and economic growth-oriented Banking Union;

10.

Supports the ongoing work on the implementation of the Basel III rules and welcomes the Commission’s legislative banking package of 27 October 2021 in this context; considers that in the implementation process, the EU must ensure full alignment with Basel standards, while also taking into account the principle of proportionality, and should respect, where appropriate, the specificities and diversity of the EU banking sector, ensuring that EU banks remain able to compete with their global competitors;

11.

Welcomes the fact that the banking sector is adapting to the challenges and opportunities of digitalisation, which will enable banks to better serve clients remotely, offer new products and provide opportunities for increased cost efficiency; underlines that the banking sector is particularly vulnerable to the threat of cyberattacks; welcomes, in this regard, the progress made on the proposals for a regulation and a directive on digital operational resilience for the financial sector (DORA) and for a directive on measures for a high common level of cybersecurity across the Union, repealing Directive (EU) 2016/1148 (NIS 2.0), which are the foundations of the regulatory framework to facilitate the banking sector’s fight against cybercrime; calls on the ESAs and ENISA to step up their efforts to monitor and mitigate the risks related to non-EU ICT third parties; stresses the need for further investments and research to develop innovative ways to bolster the cybersecurity of the banking sector; considers that the priorities should be customer safety, financial stability and integrity, and technological neutrality; calls for the promotion of financial inclusion, especially for vulnerable groups with low digital or financial literacy levels; welcomes the progress made on the digital finance package; stresses the need for banks to preserve extensive face-to-face banking services, particularly in rural areas; welcomes with interest the work on the digital euro, which will function alongside cash; invites the ECB to consider in future work the potential impact of the digital euro on payments, banks’ lending capacity and financial stability;

12.

Recalls that the basis for the cooperation between the SSM and the UK Financial Conduct Authority is the Memorandum of Understanding between the ECB and the UK authorities, which entered into force on 1 January 2021; notes that the Commission has recently announced the extension of its temporary permit, allowing EU banks and fund managers to use UK clearing houses, thereby avoiding any short-term cliff-edge effects; calls on the Commission to take measures to facilitate more clearing in the EU in the medium term;

13.

Regrets the failure to ensure full gender balance in EU financial institutions and bodies, and in particular the fact that women continue to be underrepresented in executive positions in the field of banking and financial services; considers that the selection of applicants to EU financial institutions and bodies should be based on criteria of merit, diversity and ability, so that the institution or body involved operates as effectively as possible; calls on governments and all institutions and bodies to provide gender-balanced shortlists of candidates for all future appointments to EU bodies and reiterates its commitment not to take into account lists of candidates where the gender balance principle has not been respected; deeply regrets that the shortlist considered by the Eurogroup for the next Board of Directors of the European Stability Mechanism does not include a single female candidate; stresses that gender balance on boards and in the workforce brings both societal and economic returns; calls on financial institutions to regularly update their diversity and inclusion policies and to help foster healthy working cultures which prioritise inclusivity;

Supervision

14.

Calls on the ECB, the EBA and the ESRB to carefully monitor the risks to the banking sector posed by Russia’s aggression against Ukraine and its economic consequences; points to the need to consider different scenarios and to prepare for different possible options;

15.

Considers that credit risk management, monitoring and the reduction of NPLs should remain one of the key priorities; welcomes the fact that the aggregate NPL ratio in the euro area decreased further to 2,17 % in the third quarter of 2021; notes that, although the situation is stable for the time being, it should be monitored carefully given the phasing out of emergency measures; draws attention to the importance of prudential compliance, early identification and the proactive management of NPLs, as well as adequate provisioning; stresses the need for cooperation with vulnerable debtors, while acknowledging the solutions put in place by the banking sector in this regard during the pandemic (such as the moratorium on loan repayments); welcomes the adoption of Directive (EU) 2021/2167 of the European Parliament and of the Council of 24 November 2021 on credit servicers and credit purchasers (37), which will help to reduce the level of NPLs on the balance sheets of EU banks and foster a secondary market for NPLs;

16.

Acknowledges the significant level of sovereign debt on the balance sheets of a number of banks in the Banking Union; takes note of the work on sovereign risk carried out by the Basel Committee on Banking Supervision in this regard and emphasises that the issue of regulatory treatment of sovereign exposures requires an in-depth examination within international forums, taking into account the consequences of different approaches, and that the implementation of the solution in the EU should be consistent with international standards; believes that any potential solution should be balanced and treat all EU Member States fairly, while also ensuring sufficient liquidity in the markets for sovereign debt; stresses that the creation of an EU safe asset could help to mitigate the negative feedback loops between sovereigns and the domestic banking sectors; welcomes the creation of Next Generation EU in this context, providing low-risk European assets;

17.

Considers that the transition to a carbon-neutral economy presents great potential for economic growth in a range of different sectors; notes that such a transition requires massive investments from the public and private sector, but, as also acknowledged by the ECB, its cost will be lower than the cost of inaction; emphasises the importance of the banking sector in helping to fund the transition to a carbon-neutral economy and ensuring that the EU is able to fulfil its environmental commitments; asks banks to incorporate these matters into their transition plans; underlines the importance of the Taxonomy Regulation (38) in such an endeavour and that its implementation should be consistent with the objectives of the Paris Agreement and the European Green Deal; is concerned that climate-related risks on banks’ balance sheets may over time put banks in financial difficulty; considers that these risks should be brought down to prevent bank failures; calls for banks to be provided with clear guidelines in this regard, based on hard economic data; welcomes the efforts of the SSM to provide guidance and clarity to banks on self-assessment of climate-related and environmental (C&E) risks; recalls that the ECB has concluded its first-ever large-scale assessment of the C&E risk management of EU banks in 2021, and welcomes the ECB’s commitment to carrying out climate stress tests in 2022 as an important element in tackling climate-related risk; calls for such tests to be based on realistic data and assumptions; worries about an increase in NPLs due to stranded investments in fossil fuels; calls for the early identification and proactive management of such at-risk assets; encourages the SSM to continue and strengthen work in this direction; calls for the adequate integration of environmental and transition risks into credit rating models; stresses the need for further improvements in the disclosure of C&E risks by banks, as well as improvements in the disclosure of transition strategies by entities to facilitate banks’ and supervisors’ assessment of risk; calls for banks to take a double materiality perspective when assessing their climate-related risks; underlines the importance of clear legislation to prevent greenwashing; notes the new challenges, risks and opportunities for the banking sector related to the green transition;

18.

Recalls that the impact of special measures implemented during the pandemic by the governments of individual Member States should be taken into account in the assessment of the current condition of banks; notes the ECB’s Financial Stability Review of 17 November 2021 which states that the full effects of the pandemic on bank asset quality could take another two years to be felt;

19.

Highlights that the interest rates offered to households and SMEs across the Member States are highly disparate; urges the Commission and banking supervisors to consider measures to ease the burden on mortgage holders and SMEs in Member States with higher lending rates so as to ensure that all citizens and businesses can access much-needed capital at fair and competitive rates;

20.

Notes the trend towards increased consolidation in the banking sector in Europe in recent years and that EU banking merger and acquisition activity in 2021 is on track to exceed both 2020 and 2019 levels owing to a range of factors, including cost pressures, low interest rates and digitalisation (39); notes the possible benefits of banking consolidation, including addressing the low profitability, overcapacity and fragmentation of the banking sector, but also recognises the possible negative effects of consolidation and the challenges posed to banking supervision by large systemically important institutions, whose possible problems may affect financial stability in many jurisdictions; welcomes the ECB’s guide on the supervisory approach to consolidation in the banking sector, which outlines supervisory expectations regarding consolidation projects (40); stresses the benefits of a diversified and competitive banking sector in Europe, composed of banks with different business models and legal structures and of different sizes;

21.

Notes the problems and challenges related to home/host issues; notes that strengthening cross-border integration and allowing more flexibility in capital flow across banking groups, while respecting the risk profiles of subsidiaries, requires credible and efficient safeguards for host Member States, notably to ensure that significant subsidiaries are supported in difficult situations; underlines that the completion of the Banking Union is of the utmost importance in solving home/host concerns; stresses the need for improvements in the cross-border provision of services in order to create a truly EU-wide banking sector and improve its competitiveness;

22.

Stress the need for a well-functioning single market for retail financial services; calls on the Commission to assess the obstacles and barriers that arise for consumers when availing of retail banking products such as mortgage loans on a cross-border basis and to propose solutions to ensure that consumers can benefit from retail financial services across borders;

23.

Stresses the need for effective anti-money laundering supervision, since the existing framework still suffers from several shortcomings; regrets that not all Member States have yet fully transposed Anti-Money Laundering Directive V (41) and recalls the need for better coordination of financial intelligence units (FIUs) across Europe; underlines that banks act as gatekeepers in the fight against money laundering and therefore must have in place robust risk management frameworks and be supervised effectively, and points to the need for cooperation and coordination between prudential supervisors, anti-money laundering supervisors and FIUs; notes the ECB’s efforts over the past two years to enhance the exchange of information between the SSM and AML/CFT supervisors; welcomes the Commission’s adoption of the AML package, and calls for a swift agreement on all proposals; welcomes, in particular, the proposal for a new Anti-Money Laundering Authority (AMLA) which will directly supervise certain banks and coordinate the enforcement of AML/CFT rules by Member States’ authorities; stresses that for the AMLA to be truly effective, it must be resourced sufficiently; stresses the importance of a strong AML framework in the context of the Russian aggression against Ukraine and to ensure the effectiveness of sanctions;

24.

Welcomes increased transparency standards in banking supervision, for instance in the outcomes of the supervisory review and evaluation process, which can reinforce trust in capital and financial markets and ensure consistent treatment across Member States; deplores the fact that the requirements for the fit and proper assessment of members of the management body of credit institutions are not implemented uniformly across Member States;

25.

Underlines that the ultimate beneficiaries of the Banking Union should be consumers and businesses in the real economy; stress the importance of strengthening consumer and investor protection from abuse, harmful practices and harmful products; calls for consumer access to cross-border retail financial services to be ensured; notes that despite strong EU consumer protection rules, national rules implementing EU consumer protection requirements vary across the Banking Union, and further harmonisation is therefore required;

Resolution

26.

Welcomes the activities of the SRB in 2021; welcomes the fact that banks within the SRB’s remit have overall delivered good progress towards resolvability and in building up loss-absorbing capacity; takes note of the SRB’s work programme for the coming years, which includes making the effective resolution of all banks under the SRB possible by 2023;

27.

Recalls the important role of the SRM in providing stability and clarity for the banking sector, investors and consumers and protecting taxpayers; welcomes the introduction of a backstop to the SRF in 2022, two years earlier than originally envisaged, in the form of a revolving credit line from the ESM, thereby providing a safety net for bank resolution in the Banking Union; stresses the importance of the SRF in strengthening the crisis management framework and as an important step towards completing the Banking Union;

28.

Welcomes the actions taken by the SRB with respect to Sberbank; underlines the need for a swift and adequate response in the event of a significant risk to the EU banking sector and financial stability caused by the consequences of Russia’s aggression against Ukraine;

29.

Supports the review and clarification of the public interest assessment criteria so that the SRM is applied in a more consistent and predictable manner and relies on objective thresholds; calls for a study on the need for the alignment of specific aspects of insolvency law, also with a view to the determination of the insolvency counterfactual in resolution, for the purpose of aligning incentives and ensuring a level playing field; notes the importance of the SRB taking a proportionate approach for banks to build their minimum requirement for own funds and eligible liabilities (MREL); points out that for resolution plans to be fully compliant with the legal requirements, the SRB needs to provide a comprehensive assessment of each bank’s resolvability;

30.

Supports the idea of considering the role of group recovery and resolution plans in the crisis management framework, such that the calibration of MREL and banks’ contributions to the various safety nets would be truly risk-based, reflecting the likelihood and magnitude of the use of these safety nets under the preferred crisis management strategy;

31.

Acknowledges that alternative measures under deposit guarantee schemes (DGSs) to fund deposit book transfers may have an important role to play in insolvency cases, in particular for small and medium-sized banks, as long as they are subject to the same conditionalities as for deposit book transfers in resolution and not detrimental to depositor protection, and as long as the DGS is sufficiently funded, as a way to minimise taxpayer contributions and the destruction of value and ensure financial stability, and may also, in other cases, bridge the gap between the 8 % bail-in prerequisite for access to the resolution fund and the bank’s actual loss-absorbing capacity, excluding deposits that are meant to be transferred; stresses that such interventions should be subject to the stringent application of a least-cost test; calls on the Commission, therefore, to bring more clarity to the least-cost principle and to the conditions for the use of DGS funds; stresses, however, that in these cases, the State aid rules may need to be revised to preserve a coherent framework;

32.

Supports the revisiting of State aid rules, including a review of the Commission’s Banking Communication of 30 July 2013 (42), in order to ensure their consistency with the SRM framework and to reduce discrepancies between the rules on State aid in the area of liquidation aid and the resolution regime under the Bank Recovery and Resolution Directive (43) (BRRD); emphasises that one of the goals of such an update should be to enable quick and effective interventions under the SRM or under the alternative liquidation regime and to reduce incentives to avoid either resolution or liquidation, while maintaining competition and the integrity of the Banking Union;

33.

Welcomes the provisional agreement reached by the Council and Parliament on the ‘Daisy Chain’ proposal as a means to improve the resolution framework and create a supervisory level playing field for the different resolution strategies;

Deposit insurance

34.

Recalls that the SSM and the SRM operate in the Banking Union, while DGSs are currently run and financed at national level; points out that the implementation of the DGSD, guaranteeing up to EUR 100 000 in banking deposits, provides a minimum baseline of protection for depositors; stresses the importance of depositors across the Banking Union enjoying the same level of effective protection for their savings irrespective of their bank’s location; stresses that an EDIS would improve protection for depositors in the EU and their trust in the banking sector and help to strengthen the Banking Union by reducing the link between sovereigns and banks; welcomes the inclusion of the proposal for a regulation establishing an EDIS in the EU institutions’ Joint Declaration identifying key legislative priorities for 2022;

35.

Recalls that Parliament is a co-legislator for the EDIS legislation and that Parliament’s position on this matter should be taken into account; welcomes the renewed efforts of the Eurogroup in making progress on the Banking Union in order to reach an agreement on the different work streams and files, including the EDIS; reiterates Parliament's commitment to working towards an agreement on the EDIS, and to continuing to support the necessary risk-reduction efforts;

36.

Takes note of the statement agreed by the Eurogroup at its meeting of 16 December 2021, which recalls its full political commitment to the Banking Union, and calls for a time-bound work plan for the completion of the Banking Union; asks to be kept informed of the ongoing discussions at the level of the Eurogroup and of the High-Level Working Group on the EDIS; regrets that the Member States continue to act outside the EU framework, undermining Parliament’s role as a co-legislator for the EDIS legislation;

37.

Stresses the importance of the risk proportionality of contributions to DGSs; warns that the absence of a risk-based approach may create risks of moral hazard and free-riding, leading to the subsidisation of speculative business models by conservative ones; emphasises that contributions to a future EDIS must also be proportional to risk; points out that idiosyncratic risks in different institutions still differ within the Banking Union; reiterates the need for all members of the Banking Union to transpose the BRRD and the DGSD to ensure homogenous risk reduction across the Banking Union;

38.

Points out that any further harmonisation of deposit insurance schemes should strengthen the financial stability of the EU banking system and take into account clear rules for the participation or non-participation of non-euro area Member States;

39.

Supports updating the crisis management framework; highlights that the envisaged targeted adjustments to the crisis management regime should make it more coherent, credible and effective;

o o

40.

Instructs its President to forward this resolution to the Council, the Commission, the European Central Bank, all member banks of the European System of Central Banks, the European Banking Authority and the Single Resolution Board.

(1) OJ C 132, 24.3.2022, p. 151.

(2) https://www.bankingsupervision.europa.eu/ecb/pub/pdf/ssm~59811d5fb7.feedback_ ar2020.pdf

(3) https://www.bankingsupervision.europa.eu/press/publications/annual-report/html/ssm.ar2020~1a59f5757c.en.html

(4) https://www.bankingsupervision.europa.eu/banking/priorities/html/ssm.supervisory_ priorities2022~0f890c6b70.en.html

(5) OJ C 395, 29.9.2021, p. 72.

(6) OJ C 395, 29.9.2021, p. 89.

(7) https://ec.europa.eu/info/publications/211027-banking-package_en

(8) https://ec.europa.eu/info/consultations/finance-2021-banking-macroprudential-framework_en

(9) https://ec.europa.eu/info/publications/210720-anti-money-laundering-countering-financing-terrorism_en

(10) https://www.ecb.europa.eu/press/pr/date/2021/html/ecb.pr211117~43fea9f9ce.en.html

(11) https://www.europarl.europa.eu/RegData/etudes/STUD/2022/703337/IPOL_STU(2022) 703337_EN.pdf

(12) https://www.ecb.europa.eu/pub/pdf/other/Report_on_a_digital_euro~4d7268b458.en. pdf

(13) https://www.ecb.europa.eu/pub/pdf/other/ecb.digitaleuroscopekeylearnings202107~ 564d89045e.en.pdf

(14) https://www.bankingsupervision.europa.eu/legalframework/mous/html/ssm.mou_2019_pra~fbad08a4bc.en.pdf?57221907ef3ce290b35bd2ab650868bb

(15) https://www.esrb.europa.eu/pub/pdf/recommendations/2021/esrb.climateriskfinancial stability202107_annex~35e1822ff7.en.pdf

(16) https://www.ecb.europa.eu/pub/pdf/scpops/ecb.op281~05a7735b1c.en.pdf

(17) https://www.bankingsupervision.europa.eu/ecb/pub/pdf/ssm.202111guideonclimate-relatedandenvironmentalrisks~4b25454055.en.pdf

(18) https://www.srb.europa.eu/system/files/media/document/Annual%20Report%202020 _Final_web.pdf

(19) https://www.srb.europa.eu/system/files/media/document/2020-11-30%20SRB%20Multi-Annual%20Work%20Programme%202021-2023.pdf

(20) https://www.srb.europa.eu/system/files/media/document/2021-11-26_Work-Programme-2022.pdf

(21) https://www.eba.europa.eu/sites/default/documents/files/document_library/Publications/Reports/2021/1024609/IFRS9 %20monitoring%20report.pdf

(22) OJ C 437, 18.12.2020, p. 1.

(23) OJ C 23, 21.1.2021, p. 105.

(24) OJ C 494, 8.12.2021, p. 118.

(25) https://www.eba.europa.eu/sites/default/documents/files/document_library/Risk%20Analysis%20and%20Data/EU%20Wide%20Transparency%20Exercise/2021/1025102/Risk_Assessment_Report_December_2021.pdf

(26) https://www.eba.europa.eu/sites/default/documents/files/document_library/Publications/Guidelines/2021/EBA-GL-2021-15%20GL%20on%20CFT%20cooperation/1025384/Final%20AML-CFT%20Cooperation%20Guidelines.pdf

(27) https://www.esrb.europa.eu/pub/pdf/reports/esrb.20210908.monitoring_the_financial_stability_implications_of_COVID-19_support_measures~3b86797376.en.pdf

(28) https://www.esrb.europa.eu/pub/pdf/reports/esrb.report_of_the_Expert_Group_on_Macroprudential_Stance_Phase_II202112~e280322d28.en.pdf

(29) https://www.fsb.org/wp-content/uploads/P010421-1.pdf

(30) https://www.europarl.europa.eu/RegData/etudes/IDAN/2021/689461/IPOL_IDA(2021) 689461_EN.pdf

(31) https://www.europarl.europa.eu/RegData/etudes/IDAN/2021/659654/IPOL_IDA(2021) 659654_EN.pdf

(32) https://www.europarl.europa.eu/RegData/etudes/IDAN/2021/689460/IPOL_IDA(2021) 689460_EN.pdf

(33) https://www.europarl.europa.eu/RegData/etudes/IDAN/2021/689468/IPOL_IDA(2021) 689468_EN.pdf

(34) https://www.europarl.europa.eu/RegData/etudes/BRIE/2021/659632/IPOL_BRI(2021) 659632_EN.pdf

(35) Directive 2014/49/EU of the European Parliament and of the Council of 16 April 2014 on deposit guarantee schemes (OJ L 173, 12.6.2014, p. 149).

(36) Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1).

(37) OJ L 438, 8.12.2021, p. 1.

(38) 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, and amending Regulation (EU) 2019/2088 (OJ L 198, 22.6.2020, p. 13).

(39) https://www.spglobal.com/marketintelligence/en/news-insights/blog/a-new-dawn-for-european-bank-ma-top-5-trends

(40) https://www.bankingsupervision.europa.eu/press/pr/date/2021/html/ssm.pr210112~ 920b511a1c.en.html

(41) Directive (EU) 2018/843 of the European Parliament and of 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 (OJ L 156, 19.6.2018, p. 43).

(42) OJ C 216, 30.7.2013, p. 1.

(43) Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms (OJ L 173, 12.6.2014, p. 190).

7.2.2023

Official Journal of the European Union

C 47/87

P9_TA(2022)0283

2021 Report on Bosnia and Herzegovina

European Parliament resolution of 6 July 2022 on the 2021 Commission report on Bosnia and Herzegovina (2021/2245(INI))

(2023/C 47/07)

The European Parliament,

—	having regard to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina (BiH), of the other part,

—	having regard to the first meeting of the EU-BiH Stabilisation and Association Parliamentary Committee (SAPC) held on 5-6 November 2015 and the second meeting of the EU-BiH SAPC held on 17 June 2021,

—	having regard to the third meeting of the EU-BiH Stabilisation and Association Council held on 13 July 2018,

—	having regard to the fourth meeting of the EU-BiH Stabilisation and Association Committee held on 7 November 2019,

—	having regard to BiH’s application for membership of the European Union of 15 February 2016,

—	having regard to the Sofia declaration of the EU-Western Balkans summit of 17 May 2018 and the Sofia Declaration, annexed thereto,

—	having regard to the EU-Western Balkans summit, held in Zagreb on 6 May 2020, and its declaration,

—	having regard to the Sofia Summit of 10 November 2020, including the Declaration on the Common Regional Market and the Declaration on the Green Agenda for the Western Balkans,

—	having regard to the 8th Berlin Process Summit of 5 July 2021,

—	having regard to the EU-Western Balkans summit, held in Brdo pri Kranju on 6 October 2021, and its declaration,

—	having regard to Council Decision (EU) 2021/1923 of 4 November 2021 on an Assistance Measure under the European Peace Facility to support capacity building for the Armed Forces of Bosnia and Herzegovina (1),

—	having regard to the Council conclusions of 18 October 2021 on BiH and Operation EUFOR Althea, following the third strategic review of the operation,

—	having regard to the Council conclusions of 14 December 2021 on the enlargement and stabilisation and association process,

—	having regard to the Council conclusions of 24 and 25 March 2022 on the prolonged political crisis in Bosnia and Herzegovina and the need for leaders in the country to demonstrate a strong commitment to finalise swiftly the constitutional and electoral reform,

—	having regard to Regulation (EU) 2021/1529 of the European Parliament and of the Council of 15 September 2021 establishing the Instrument for Pre-Accession Assistance (IPA III) (2),

—	having regard to the Commission communication of 5 February 2020 entitled ‘Enhancing the accession process — A credible EU perspective for the Western Balkans’ (COM(2020)0057),

—	having regard to the Commission communication of 29 May 2019 entitled ‘2019 Communication on EU Enlargement Policy’ (COM(2019)0260),

—	having regard to the Commission communication entitled ‘Commission Opinion on Bosnia and Herzegovina’s application for membership of the EU’ (COM(2019)0261) and the accompanying analytical report (SWD(2019)0222),

—	having regard to the Commission communication of 29 April 2020 entitled ‘Support to the Western Balkans in tackling COVID-19 and the post-pandemic recovery’,

—	having regard to the Commission communication of 24 July 2020 entitled ‘2020-2025 EU action plan on firearms trafficking’ (COM(2020)0608),

—	having regard to the Commission communication of 6 October 2020 entitled ‘An Economic and Investment plan for the Western Balkans’ (COM(2020)0641),

—	having regard to the Commission communication of 14 April 2021 on the EU strategy to tackle organised crime 2021-2025 (COM(2021)0170),

—	having regard to the Commission communication of 14 April 2021 on the EU strategy on combating trafficking in human beings 2021-2025 (COM(2021)0171),

—	having regard to the Commission communication of 19 October 2021 entitled ‘2021 Communication on EU Enlargement Policy’ (COM(2021)0664), accompanied by the Commission staff working document entitled ‘Bosnia and Herzegovina 2021 Report’ (SWD(2021)0291),

—	having regard to the Expert Report on rule of law issues in Bosnia and Herzegovina of 5 December 2019,

—	having regard to the European Court of Auditors Special Report of 10 January 2022 entitled ‘EU support for the rule of law in the Western Balkans: despite efforts, fundamental problems persist’,

—

having regard to the Opinion on the Constitutional Situation in Bosnia and Herzegovina and the Powers of the High Representative adopted by the Venice Commission at its 62nd plenary session (Venice, 11-12 March 2005), and subsequent recommendations of the Venice Commission regarding constitutional matters in Bosnia and Herzegovina,

—	having regard to the Compilation of Venice Commission opinions and reports concerning the stability of electoral law of 14 December 2020,

—	having regard to the relevant European Court of Human Rights rulings in favour of the plaintiffs, including Azra Zornić, Dervo Sejdić and Jakob Finci, among others,

—	having regard to the joint statement of 21 December 2020 by High Representative of the Union for Foreign Affairs and Security Policy Josep Borrell and Commissioner for Neighbourhood and Enlargement Oliver Varhelyi on the holding of local elections in Mostar,

—	having regard to the sixtieth and prior reports of the High Representative for Implementation of the Peace Agreement on Bosnia and Herzegovina to the Secretary-General of the United Nations,

—	having regard to Resolution 2604 (2021) of the UN Security Council of 3 November 2021 on the situation in Bosnia and Herzegovina, extending the mandate of the European Union Force Bosnia and Herzegovina (EUFOR Althea) until November 2022,

—

having regard to the decisions by the US authorities on 5 January 2022 to impose sanctions on the Serb member of the Presidency of Bosnia and Herzegovina in response to his corrupt activities and continued threats to the stability and territorial integrity of Bosnia and Herzegovina, and by the UK authorities on 11 April 2022 imposing sanctions on the Serb member of the Presidency and the President of the Republika Srpska entity for their destabilising activity in Bosnia and Herzegovina,

—	having regard to the Political agreement on principles for ensuring a functional Bosnia and Herzegovina that advances on the European path, adopted in Brussels on 12 June 2022,

—	having regard to the European Council conclusions of 23 June 2022 on Ukraine, the membership applications of Ukraine, the Republic of Moldova and Georgia, Western Balkans and external relations,

—	having regard to the Convention on Environmental Impact Assessment in a Transboundary Context, adopted on 25 February 1991,

—	having regard to the final declaration of the 8th Western Balkans Civil Society Forum dated 1 October 2021,

—	having regard to the 2019 Poznan Declaration on Roma Integration within the EU Enlargement Process,

—	having regard to the Council of Europe Convention of 16 May 2005 on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism,

—	having regard to the Constitutions of the Federation of Bosnia and Herzegovina and Republika Srpska,

—	having regard to its resolution of 9 July 2015 on the Srebrenica Commemoration (3),

—	having regard to its resolution of 17 December 2015 on the 20th anniversary of the Dayton Peace Agreement (4),

—	having regard to its recommendation of 19 June 2020 to the Council, the Commission and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy on the Western Balkans, following the 2020 summit (5),

—	having regard to its resolution of 15 December 2021 on cooperation on the fight against organised crime in the Western Balkans (6),

—	having regard to its resolution of 17 February 2022 on the implementation of the common foreign and security policy — annual report 2021 (7),

—	having regard to its resolution of 9 March 2022 on foreign interference in all democratic processes in the European Union, including disinformation (8),

—	having regard to its previous resolutions on the country,

—	having regard to Rule 54 of its Rules of Procedure,

—	having regard to the report of the Committee on Foreign Affairs (A9-0188/2022),

whereas BiH citizens aspire towards Euro-Atlantic integration for sustainable peace, democracy and prosperity; whereas the future of the Western Balkans is within the EU and the prospect of future EU integration was offered to the citizens of the Western Balkans, including BiH, during the 2003 Thessaloniki summit;

whereas the EU, and the European Parliament, have continuously supported BiH’s path towards the EU and its democratic transformation, underpinned by its strategic orientation and commitment to European integration; whereas EU accession requires the engagement of all BiH political leaders, authorities, institutions and office holders;

C.	whereas the EU is the biggest trade and investment partner of BiH and its largest provider of financial assistance, notably through the Instrument for Pre-Accession Assistance (IPA III);

D.	whereas BiH’s progress on its EU accession path depends on it fulfilling the 14 key priorities set out in the Commission Opinion on its EU membership application, and whereas EU assistance should address the persistent lack of progress in that regard by BiH counterparts;

whereas the credibility of the enlargement process is based on clear progress in key areas of rule of law and judicial reform, the fight against corruption and organised crime, security, fundamental rights, democratic institutions, public administration reform, and economic development and competitiveness;

F.	whereas the legacy of the Dayton Peace Agreement must be upheld;

G.	whereas the international High Representative and the Office of the High Representative (OHR) remain tasked under Annex 10 to the Dayton Peace Agreement with overseeing the implementation of the civilian aspects of the peace accords until completion of the 5+2 agenda set out in 2008;

whereas since 2004 the European Union maintains a military operation in BiH — EUFOR Althea — tasked with the executive mandate of the UN Security Council to support the authorities in maintaining a safe and secure environment; whereas EUFOR Althea should be further reinforced in order to be truly effective; whereas there is a concrete risk of non-extension of its mandate within the UN Security Council;

I.	whereas the OHR and EUFOR Althea are integral in preserving peace, security and stability in BiH and in the region, and in enforcing the Dayton Peace Agreement, in accordance with their mandates;

J.	whereas the High Representative used the Bonn Powers to suspend the Republika Srpska entity’s Law on Immovable Property;

K.	whereas the strong international supervision mechanism established a great degree of responsibility for the international community, including the EU, with regard to the democratic functioning and prosperous and peaceful future of BiH;

whereas under the European Convention on Human Rights and Fundamental Freedoms all BiH citizens should enjoy equal rights and obligations, regardless of their ethnic background, throughout BiH territory; whereas the country has committed to international and domestic obligations to end systematic ethnicity and residence-based discrimination and ensure citizens’ equality before the law, while respecting the constitutional order of the country, which needs to be brought fully in line with European standards and principles;

M.	whereas it is crucial to ensure an adequately diverse representation at all levels of governance;

N.	whereas BiH is yet to implement a multitude of judgments of the European Court of Human Rights ruling in favour of Bosnian citizens who have been discriminated against; whereas such rulings enable all BiH citizens to effectively exercise their basic civil and political rights;

O.	whereas constitutional and electoral changes should enhance BiH’s standing as a multi-ethnic, inclusive and democratic state and remove discrimination and corruption from the electoral system;

P.	whereas the legal framework of BiH must be revised in light of international jurisprudence;

Q.	whereas BiH's transition from the Dayton Peace Agreement to the EU framework is a prerequisite to preserve the country's sovereignty and sustain its democratic transformation;

whereas according to UN surveys 47 % of Bosnians aged 18 to 29 are contemplating emigration, either temporarily or permanently, disillusioned by the lack of prospects at home; whereas, according to a UN Population Fund report, an average of 50 000-55 000 people — mostly skilled workers and professionals — leave BiH every year;

whereas official or unofficial glorification of convicted war criminals, ethnic or religious segregation and discrimination go against the very essence of the European project; whereas there is an urgent need to effectively outlaw denial of the Holocaust, genocide, war crimes and crimes against humanity;

whereas BiH is currently facing the greatest instability since the war between 1992 and 1995; whereas certain political leaders of the Republika Srpska entity in BiH are using inflammatory rhetoric and engaging in destabilising actions, aiming to prepare a withdrawal from state institutions (including the military, tax system and judiciary) and set up independent authorities, which is a violation of the Dayton Peace Agreement; whereas certain foreign political actors actively support the disruptive and secessionist efforts of the Bosnian Serb leadership, led by Milorad Dodik;

U.	whereas on 18 March 2022 the Council adopted Decision (CFSP) 2022/450 (9), prolonging the existing sanctions framework for individuals undermining the sovereignty, territorial integrity and constitutional order of BiH or the Dayton Peace Agreement;

V.	whereas the Council regularly expresses its support for the sovereignty, unity and territorial integrity of BiH;

W.	whereas malign foreign direct and proxy interference and disinformation aim to sow discord among different communities and destabilise the region, especially in light of the Russian invasion of Ukraine;

Functioning of democratic institutions

Underscores that the pace of EU accession is determined by the implementation of reforms aimed at guaranteeing the due functioning of democratic institutions, grounded in the rule of law, good governance and fundamental rights;

Urges BiH and all of its political actors to show commitment and make significant steps towards EU membership by advancing on the 14 key priorities, in particular by restoring the independence of the judiciary, strengthening the rule of law and its values and principles across state institutions, intensifying and enhancing the fight against corruption and organised crime, fostering and securing media freedom and an enabling environment for civil society, and protecting vulnerable groups;

Deplores that more than 25 years after the war has ended, the country is still facing divisions promoted by political elites, secessionist attempts and a high degree of corruption, which is contributing to a massive brain drain and demographic decline due to a lack of prospects;

Welcomes the meeting of the EU-BiH SAPC of 17 June 2021 and the adoption of its rules of procedure, and underlines the importance of ensuring its functioning through an inclusive political dialogue and regular cooperation; regrets, however, the lack of genuine engagement by the Bosnian counterparts in pro-actively establishing constructive parliamentary cooperation, which would contribute to priority 3 of the 14 key priorities;

Reiterates its clear support for BiH’s civic democratic transformation through European integration, based on unity, sovereignty and territorial integrity, grounded in the principles of equality and non-discrimination of all BiH citizens as enshrined in the constitution and in line with European Court of Human Rights decisions;

Underlines respect for the legacy of the Dayton Peace Agreement, recalling its purpose in ending the war and safeguarding peace; takes note of the concept of constituent peoples but stresses that this concept should not in any way lead to the discrimination of other citizens or imply any additional rights for people identifying with one of these groups compared with other citizens of BiH; condemns statements and proposals aiming to undermine BiH’s statehood and constitutional values, and recalls that BiH needs to address shortcomings in its constitutional framework, bringing it in line with European standards and principles;

Stresses that enforcement of the Dayton Peace Agreement includes the obligation to implement the High Representative’s decisions, without prejudice to the implementation of much-needed political and structural reforms in the country; underlines the need to strengthen the ownership of BiH citizens and politicians in the country’s development;

Expresses its strong support for the OHR exercising its full mandate, including the use of the Bonn Powers as a last resort, if necessary to ensure full respect for the Dayton Peace Agreement and the sovereignty and integrity of BiH; strongly calls on the Commission, the European External Action Service (EEAS) and the Member States to publicly express their unequivocal support for the full mandate of the High Representative and to cooperate closely with a view to supporting the High Representative in the implementation of the 5+2 agenda; calls on all UN Security Council members to ensure the renewal and continuity of the mandate of the OHR as a crucial anchor of BiH stability;

Takes note of the recent decision by the High Representative to suspend the Law on Immovable Property in the Republika Srpska (RS) entity and to extend the ban on disposing of state property; condemns in the strongest possible terms all hate rhetoric and threats of violence aimed at the High Representative, including those expressed at a rally in Banja Luka on 20 April 2022 in the presence of the RS entity leadership; calls on the authorities to prevent and prosecute those issuing such threats;

10.

Opposes any harmful concessions on the issue of state and defence property; calls on the international stakeholders, notably the Commission and the EU delegation, to support the OHR and its expert group in their work towards finding a sustainable solution to the benefit of the whole country and all citizens and to react to the secessionist efforts of the RS entity leadership with a more forceful and credible approach;

11.

Regrets the impasse in negotiations on constitutional and electoral law reform in BiH, as well as the lack of political will to overcome it, and the failure to implement it ahead of the October 2022 elections, despite several facilitation attempts by the EU and the United States; calls on all actors to ensure that elections will proceed in October as scheduled and to negotiate in good will and reach a balanced agreement, in line with European standards, European Court of Human Rights rulings and Venice Commission recommendations, to fulfil the constitutional duty of democratic governance, and to ensure the transparency, integrity and efficiency of the electoral process by immediately implementing the integrity package;

12.

Strongly denounces the disregard for international and national norms and obligations, all hate rhetoric and disruptive action, including the withdrawal from and consequent blockade, boycott and obstruction of state institutions, particularly by the leadership of the RS entity, which destabilises the country, undermines its statehood in violation of the constitution and the Dayton Peace Agreement and systematically hampers decisions on key laws and reforms, which are essential to advance towards EU integration, and prevents their fulfilment; rejects all attempts to form parallel parastatal institutions, which undermine state institutions, the constitutional and legal order, judicial independence and sovereignty; calls on the RS entity to immediately withdraw and revoke any such laws;

13.

Condemns the conclusions of 10 December 2021 of the RS entity National Assembly (RSNA) on the withdrawal from State-level institutions, the passing of the Law on Immovable Property Used for the Functioning of Public Authority, adopted by the RSNA on 10 February 2022, and the National Assembly’s vote aimed at establishing a separate High Judicial and Prosecutorial Council; expresses concerns about allegations regarding the role of the Commissioner for Neighbourhood and Enlargement in the vote of the RSNA on the roadmap for its withdrawal from the State institutions of BiH; recalls the Commissioners’ obligations of integrity, discretion and independence, in compliance with the code of conduct for the Members of the Commission, and therefore calls on the Commission to assess the recent actions of Commissioner Várhelyi in this light;

14.

Calls on all actors in BiH to end the multilevel blockage and immediately, unconditionally, effectively, fully and non-selectively return to work in all state institutions, ending the persisting political deadlock in the country and restoring the functioning of the government and bodies to the benefit of all citizens;

15.

Urges the EU, its Member States and the EEAS, also in light of the Russian war of aggression against Ukraine, and in light of the secessionist threats by the pro-Russian stance of the leadership of the RS entity, to immediately focus their primary efforts on ensuring a safe environment and guaranteeing mid -and long-term security in the country; calls on the international community to contribute to finding a comprehensive solution to the current complex situation in BiH;

16.

Calls on the EU, its Member States and the international community to follow the example set by the United States and the United Kingdom and use all available tools, namely targeted sanctions and the suspension of funds, against destabilising actors in the country, including those threatening the territorial order of BiH, notably Milorad Dodik; calls on all Member States to ensure that such sanctions can be adopted by the Council; regrets, in that respect, the amending of the decision-making procedure in the context of the March 2022 extension of the EU sanctions regime for BiH;

17.

Welcomes the Political agreement reached in Brussels on 12 June 2022; urges all political actors in BiH to abide by the agreement;

18.

Welcomes the European Council’s call on all political leaders in BiH, as expressed in its conclusions of 23 June 2022, to swiftly implement the commitments set out in the political agreement of 12 June 2022 and urgently finalise the constitutional and electoral reform, which will allow the country to advance decisively on its European path, in line with the opinion of the Commission;

Reconciliation

19.

Expresses its solidarity with the survivors and families of victims of war crimes and crimes against humanity, displacement, disappearances, killings, torture, sexual assault, genocide and ethnic cleansing;

20.

Underlines that the EU future of BiH depends on sustainable and lasting peace, addressing the past and enabling genuine reconciliation among citizens and among high-level politicians alike, warranting its democratic, inclusive, pluralistic and multi-ethnic character; urges BiH to expedite effective and impartial prosecution of war crimes under the revised national war crimes processing strategy; calls on all regional governments, parliaments and political leaders to swiftly set up the Regional Commission tasked with establishing facts about all victims of war crimes and other human rights violations committed on the territory of former Yugoslavia (RECOM), building on the significant work of the Coalition for RECOM;

21.

Stresses that the persistent challenges in the reconciliation process should be addressed more vigorously; calls on the Commission to provide frameworks for dialogue on legacies from the past;

22.

Calls on all authorities to abide by their international human rights obligations to promote reconciliation by ensuring access to truth, justice and effective and non-selective reparations, including to survivors of sexual violence, as well as by adopting measures to prevent recurrence through education, culture, human rights protection, institutional vetting, reconstruction assistance, job creation, social measures, and access to healthcare, as well as by ensuring that perpetrators of war crimes are precluded from holding public office;

23.

Encourages the authorities to intensify cooperation and data sharing on missing persons and to ensure redress and guarantees of non-repetition for the families of civilian victims, and the safe and sustainable return of refugees and internally displaced people, the full respect of their rights and the return of their property or compensation for non-returnable property, both at national and regional level;

24.

Welcomes the efforts by local and international organisations, including the International Commission on Missing Persons, to account for over 30 000 persons who went missing during the conflicts in the territory of the former Yugoslavia in the 1990s and more than 8 000 Srebrenica genocide victims; recalls that 7 200 people are still missing;

25.

Welcomes and supports the amendments to the BiH Criminal Code enacted by the High Representative outlawing the glorification of war criminals and the denial of genocide, crimes against humanity and war crimes, following the failure of local actors to adopt a proposal; deplores and rejects any attempt not to implement this decision; strongly condemns all forms of historical revisionism, denial, or minimisation or glorification of war crimes including non-compliance with decisions of international and domestic tribunals; calls for the swift implementation of the amendments and effective investigation and prosecution of genocide denial;

26.

Reiterates that the denial of genocide, celebrating war crimes and war criminals and threatening regional stability and reconciliation are contrary to European values and aspirations; against this background, strongly condemns the inflammatory events on the occasion of the so-called ‘RS day’ on 9 January 2022, in violation of the BiH constitution; also condemns the desecration of the Partisan Memorial Cemetery in Mostar and calls on the authorities to thoroughly investigate it and to bring the perpetrators to justice;

Reform process

27.

Urges BiH’s political actors to make progress on judicial, electoral, administrative and economic reforms that are needed to bring the country closer to the EU, and to include civil society in the process; denounces all attempts to stall these reforms, thus slowing BiH’s compliance with EU accession criteria and endangering access to EU funding under IPA III, which must be based on strict conditionality and depends on the cooperation of different authorities;

28.

Stresses that IPA III funding must be modulated or even suspended in the event of a significant regression or persistent lack of progress in the area of the rule of law and fundamental rights, including the fight against corruption and organised crime, as well as media freedom, and calls on the Commission to develop guidelines on its application, as per the recommendations of the European Court of Auditors Special Report 01/2022; calls in this context on the EU and the Western Balkan countries to establish a framework for effective cooperation with the European Public Prosecutor’s Office;

29.

Welcomes the recent suspension of Corridor Vc projects in the RS entity worth EUR 600 million, and recalls that these funds will be allocated only after RS representatives completely return to state institutions; calls for a thorough reconsideration and scrutiny of all EU-funded projects and assistance applicable to and within the RS entity, including macro-financial assistance, with a view to freezing direct and indirect funding benefiting its authorities; notes that the German Government has decided to suspend four infrastructure projects in the RS entity worth EUR 105 million;

30.

Deeply regrets the damage and loss of lives caused by a powerful earthquake near Stolac on 22 April 2022;

31.

Recalls the significance of respecting the democratic principle of regular elections; stresses the importance of holding fair, open, transparent and inclusive elections in 2022 as scheduled, and urges all political actors to refrain from calling for a blockade of the elections, and to allow citizens to express their democratic choice; calls for timely parliamentary approval of election integrity legislation; recalls and regrets the fact that due to the adoption of the state budget being continuously delayed, electoral funds were not secured on time; stresses that the holding credible elections and implementing the results is a key feature of a well-functioning democracy, as well as a requirement for any country wishing to join the EU; welcomes the decision of 7 June 2022 by the OHR to make full use of its mandate in order to ensure Bosnian citizens’ fundamental political rights to free and fair elections, through the adoption of the necessary budget, since the national authorities failed to do so;

32.

Supports transparent and inclusive constitutional and electoral reforms to ensure equality and non-discrimination of all citizens, enhance accountability and transform BiH into a fully functional and inclusive state by immediately implementing rulings, opinions and recommendations of competent domestic and international courts and bodies, thereby ensuring the integrity of the elections and the process; stresses that institutional reforms depend on the will and commitment of political leaders and the democratic orientation of the country's institutions; notes transatlantic facilitation efforts to this end and condemns the obstructions and inactivity of political actors in that regard; calls for a review and lessons-learned exercise as regards the facilitation attempts by the EEAS and the EU Delegation, calls on the EEAS and the EU Delegation to always act in line with the EU’s highest democratic standards; calls for sustained consideration and integration of citizens’ proposals;

33.

Deeply regrets that BiH still remains in breach of the European Convention on Human Rights by not implementing the rulings of the European Court of Human Rights in the cases of Sejdić-Finci, Zornić, Pilav and Šlaku; regrets that BiH still has not implemented the ruling of the Constitutional Court of BiH in the Ljubić case;

34.

Stresses the importance of implementing recommendations of the Office for Democratic Institutions and Human Rights of the Organization for Security and Co-operation in Europe (OSCE/ODHIR), the Venice Commission and the Council of Europe’s Group of States against Corruption (GRECO);

35.

Stresses that inclusive electoral reform should eliminate all forms of inequality, discrimination and bias in the electoral process and put in place conditions for competitive elections; recalls that this should be done by harmonising rules on party registration, ensuring transparency of political party financing and ensuring the independence and capacities of election commissions;

36.

Calls on all stakeholders to reach an agreement on reform of the Election Law in line with the verdicts of the European Court of Human Rights and the Constitutional Court, to ensure an adequately diverse political representation at all levels of governance;

37.

Calls for the implementation of consistent country-wide merit-based civil service standards, enabling a streamlined, depoliticised and accountable public administration that can reduce the impact of patronage hiring processes that fuel corruption; stresses that no discrimination should take place in the opportunities for all citizens to be represented in the public sphere;

Economy, energy, environment, sustainable development and connectivity

38.

Underlines the need to enhance internal and regional economic harmonisation and connectivity; welcomes European investments in road and rail infrastructure in BiH, namely the development of Corridor Vc linking Central Europe to the port of Ploče on the Adriatic coast, and highlights the need to ensure that international funds enhancing connectivity reduce gaps and discrepancies and improve the situation for the whole country, while respecting the principle of subsidiarity;

39.

Calls on the authorities to adopt country-wide strategies, improvements to strategic planning, financial management and monitoring and evaluation, and create control and audit structures; underlines the urgent need to ensure accountability and transparency of the economy and to shield state and private enterprises from the influence of patronage and criminal networks;

40.

Encourages using the potential offered by digitalisation for modernising administrative, electoral, judicial, fiscal and economic processes, which would help address fragmentation, red tape, the informal economy, customs and tax evasion, and money laundering, while increasing competitiveness for SMEs;

41.

Welcomes the efforts of the EU and its Member States, as well as neighbouring countries in the region, in assisting the country in mitigating the consequences of the COVID-19 pandemic; stresses the importance of a coordinated country-wide strategic response to helping increase one of the lowest vaccination rates in Europe;

42.

Welcomes the removed roaming charges between the six Western Balkan states; urges all relevant parties to negotiate a plan that would lead to the elimination of roaming charges between the six Western Balkan states and the EU Member States; calls on BiH and its neighbours to work towards improving relations and enabling visa-free travel between BiH and Kosovo;

43.

Calls on the BiH authorities to increase efforts in setting up the Common Regional Market for deepening integration across the Western Balkans, and in establishing and guaranteeing free movement of persons, goods, services and capital in the region as a stepping stone in the EU accession path; emphasises that all regional economic cooperation schemes in the Western Balkans should be inclusive and acceptable to all six countries, establishing cooperation on an equal footing, while strengthening further alignment with EU standards and the EU acquis; expresses, in this context, its caution towards the Open Balkan Initiative, which does not encompass all six countries, and is convinced that it should be based on EU rules and contribute to the EU integration processes;

44.

Recalls the need to adopt improved state-level laws on gas and electricity, renewables, energy efficiency and climate, leading to a sustainable socioeconomic transition from coal and a significant mitigation of energy poverty, and to step up environmental and nature protection and ambition towards a green transition through the harmonisation of environmental laws and the adoption of an environmental protection strategy; urges the BiH authorities to ensure greater alignment with EU standards and policy objectives on climate protection and energy, in line with the European Green Deal and the Green Agenda for the Western Balkans;

45.

Calls on BiH to finish the preparation of the National Energy and Climate Plan in line with the necessary 2030 energy and climate ambition;

46.

Notes some positive developments with regard to environmental protection initiated by local environmental and civil society organisations; urges BiH to respect its citizens’ calls for the protection of rivers, notably in the construction of infrastructure projects, and other public goods;

47.

Expresses its concern over ongoing plans to increase coal energy production capacities; calls for more efforts in order to achieve a climate-resilient and sustainable energy transition based on renewables, energy efficiency and energy market integration, steering investment and providing support for workers who need reskilling; urges the BiH authorities to opt out from new coal generation facilities financed by China that are contrary to EU State aid rules and the country’s commitments in the context of the Green Agenda;

48.

Recommends focusing public investment on sustainable projects aimed at advancing the social market economy, facilitating the green and digital transitions and reducing severe air pollution, including in its transboundary nature, and making full use of the Economic and Investment Plan for the Western Balkans; underlines the need to significantly improve ex ante environmental impact assessments with the meaningful involvement of local communities, civil society and independent experts with a view to increasing transparency, and the need for more efficient prosecution of environmental crimes;

49.

Stresses the importance of respecting BiH’s sovereignty when implementing infrastructure projects in BiH, notably projects involving companies from third countries;

Rule of law

50.

Underlines that the rule of law and judicial reform are the backbone of a democratic transformation, ensuring legal certainty, transparency, access to justice and non-discrimination;

51.

Calls for urgent action to tackle widespread selective justice, state capture, nepotism, cronyism, high-level corruption and criminal infiltration, including through the long-overdue legislative updates on judicial integrity, asset verifications, conflict of interest, public procurement, access to information, witness protection and restructuring of state-owned enterprises; reiterates the urgent need for judicial reform across BiH to improve the professionalism and integrity of the judiciary based on the 14 key priorities and the 2019 Priebe report recommendations, ensuring its full institutional and financial independence, resolving the large backlog of pending cases, and strengthening the monitoring of performance of judiciary actors; deplores the obstruction of such reform by holders of political and judicial office;

52.

Urges the authorities to adopt a new justice sector strategy and action plan and to adopt the amendment to the law on the High Judicial and Prosecutorial Council and the new Law on the Court of Bosnia and Herzegovina, in line with European standards;

53.

Calls on BiH to ensure the implementation and enforcement of all court decisions, recalling that the rule of law is integral to the country’s progress in Euro-Atlantic integration; points out a particularly low enforcement rate of judgments in environmental cases; calls for faster handling of cases by courts competent for administrative disputes against illegal acts of public authorities;

54.

Recalls the need to update laws and align with the EU on anti-money laundering and countering the financing of terrorism, and to establish an asset recovery office;

55.

Urges BiH to strengthen and adequately organise and fund anti-corruption structures, covering conflicts of interest and lobbying; recalls the need for unhindered investigations into illicit enrichment of public officials; underlines the importance of addressing GRECO’s recommendations enabling detection and accountability; recalls the need to update laws and align with the EU on the protection of whistleblowers;

56.

Reiterates the need to investigate political and administrative links to organised crime; calls for administrative reform to eradicate corruption and for improved corruption monitoring mechanisms, as well as effective prosecution of high-profile corruption cases;

57.

Underlines the dangers posed by poor cooperation of BiH’s law enforcement agencies and their failure to effectively collaborate with Europol, Eurojust and the European Public Prosecutor’s Office; welcomes bilateral efforts supported by Europol and Eurojust aimed at dismantling people trafficking networks;

58.

Calls for further enhancement in this cooperation also with the aim to fully operationalise the Joint Action Plan on Counter-Terrorism for the Western Balkans; encourages establishing a firearms focal point;

Fundamental rights

59.

Deplores the continuing failure to safeguard media freedom and pluralism; insists on eliminating political interference and protecting the safety and well-being, including the labour rights, of journalists, protecting them from intimidation, as well as from strategic lawsuits against public participation (SLAPP), with systematic and effective prosecution, including immediate and effective investigative steps following any threats and attacks against them; calls on the authorities to assign a special layer of protection for journalists in criminal codes; deplores the increased gender-based violence against female journalists, including threats and discrimination at work;

60.

Calls for effective measures to ensure the financial sustainability and political independence of public broadcasters, notably of the BiH national public broadcaster (BHRT); urges the authorities to take action to identify a sustainable solution to BHRT’s funding problems and prevent its closure and to adopt legislation on media ownership transparency; notes with concern the lack of plurality in the media and difficulties for new actors to obtain licences and other elements necessary to operate in the Telecoms market; expresses its concern over the lack of a variety of traditional media channels, including the availability of content in all official languages;

61.

Deplores threats from the authorities against civil society; condemns the persistent restrictions on freedom of expression and freedom of assembly in BiH, and growing restrictions on these rights in the RS entity; condemns in this context the decision of local authorities in Prijedor to ban the announced peaceful march marking White Ribbon Day, which commemorates civilian victims of the 1992-1995 war; calls for the adoption of a framework for the transparent funding of civil society organisations;

62.

Stresses the need to ensure the participation of citizens in the democratic life of the country through effective, meaningful and inclusive involvement of civil society organisations in the EU integration process; calls on the authorities to ensure an enabling environment for civil society that upholds international standards and to develop and implement a strategic cooperation framework;

63.

Calls on the Commission to refocus IPA III support to strengthening in-country democratic forces, standards, institutions and procedures, the rule of law, genuine reconciliation, and civil society organisations, fostering an environment for functioning pluralism, independent civil society, media and a market economy; calls for better absorption of funds by local and regional administration;

64.

Calls on the Commission to take a stance and make it clear that sustainable peace and genuine reconciliation are one of the conditions for BiH to receive EU financial support;

Social agenda

65.

Stresses the need to safeguard the rights of religious and ethnic minorities, including Roma, and the social inclusion of vulnerable populations, including people with disabilities; calls for stronger country-wide human rights and anti-discrimination strategies, measures against interfaith and interethnic intolerance, access to quality public healthcare, and for the implementation of the recommendations of the Institution of the Human Rights Ombudsman for dealing with human rights violations and issues; urges the prevention and proactive prosecution of hate crimes, hate speech, discrimination and disinformation, as well as gender-based and sexual violence;

66.

Recalls that women are under-represented in politics and public life and calls on the BiH authorities and the EU, in its external financial instruments, to increase efforts aimed at gender equality and women’s rights, including by prioritising gender mainstreaming and increased cooperation with civil society, in particular women’s organisations;

67.

Calls for the harmonisation and effective enforcement of legislation on gender equality across the country and for the authorities to significantly improve the institutional response to gender-based violence, particularly on protective and prevention measures, victim support, legal aid and safe accommodation, and the prosecution of crimes of sexual violence, including for women victims of war crimes, and secure witness protection; calls for the amendment of the criminal codes in the Federation of BiH and Brčko District to expand provisions against incitement to hatred and violence so that they include sexual orientation, gender identity and sex characteristics as protected grounds;

68.

Calls for the introduction of legislation to protect LGBTI+ persons, for the prosecution of violence and hate crimes against them, and for their social inclusion to be promoted; calls for the adoption of the Action Plan for Equality of LGBTI Persons in Bosnia and Herzegovina 2021-2023, which has been stalled since 2020; welcomes the conclusions of the Intersectoral Working Group on same-sex rights and partnership, which officially recommended the drafting of a law on same-sex partnerships; calls on the government to address this recommendation without delay;

69.

Welcomes the peaceful organisation of the second Sarajevo Pride parade on 14 August 2021 and the fact that the Government of the Canton of Sarajevo covered its security costs; welcomes, likewise, the peaceful organisation of the third Sarajevo Pride parade on 25 June 2022; condemns, however, earlier counter-protests and statements, including from politicians, aimed at undermining the rights of LGBTI+ persons in BiH;

70.

Stresses the need to duly prevent the discrimination of Roma and other ethnic minorities, to improve their access to healthcare, education and the labour market and to develop and implement social inclusion strategies;

71.

Reiterates that BiH still needs to develop and adopt a new action plan on child protection; in this regard, stresses that child exploitation and child begging remain of concern;

72.

Regrets the lack of progress in addressing the rights of people with disabilities; encourages BiH to take action to protect people with disabilities and develop and adopt a strategy on deinstitutionalisation; condemns the fact that the law allows persons with disabilities to be deprived of their legal capacity, which is a clear violation of the Convention on the Rights of Persons with Disabilities, which the country has signed; underlines that it is unacceptable that support provided is differentiated by the type of disability;

73.

Underlines that educational reform is a fundamental pillar for creating a prosperous and inclusive pluralistic society, free from all forms of segregation and marginalisation and enjoying its political freedoms; reiterates that the work on the reconciliation process must focus on the country’s youth and start at an early age, embedding reconciliation into the education process;

74.

Reiterates its call to urgently end segregation and discrimination in education, including by implementing court rulings to end the discriminatory illegal practice of ‘two schools under one roof’; stresses the need for increased investment in the education sector to achieve better and equal opportunities for all citizens; calls for inclusive curricula, fostering critical thinking and improving the quality of education and training taking into account cultural and language diversity, and eliminating counter-factual content that promotes division;

75.

Welcomes the continued participation of BiH in the Erasmus+, Creative Europe and Europe for Citizens programmes; stresses that education and cultural exchanges and joint projects are an essential part of bringing the citizens of BiH and the EU closer;

76.

Remains concerned by the large number of young people leaving the country, and stresses the importance of urgently adopting measures to reduce youth unemployment and ensure a future for young people in the country, including by establishing and implementing the Youth Guarantee in line with the EU model and guidance;

77.

Notes serious unaddressed challenges in the fields of employment, social inclusion and protection, and poverty reduction; stresses that strengthening the welfare state is an important condition for social cohesion; calls on the authorities to foster social dialogue; calls on the Commission to give due consideration to collective bargaining, social rights and their protection and enforcement in its annual report;

78.

Expresses deep concerns about the pushbacks of refugees to Serbia and Montenegro, as well as the limitations placed on their movements and the limitations of public transport inside the country; deplores the failure of the authorities to address the severe migration-related humanitarian crisis at the border; reiterates its serious concern over the rights and situation of people in transit in BiH; stresses that EU border management by the BiH authorities is of concern in light of the violations of human rights, resulting, in particular, from the lack of independence, credibility and effectiveness of the recently established border mechanism; underlines the EU’s duty to conduct a humane migration approach aimed at protecting the fundamental rights of persons in need of international protection in counties of transit such as BiH; recalls the need for human rights and solidarity-based solutions on migration, asylum and border management in coordination and cooperation with affected EU Member States on the EU’s external border, ensuring adequate humanitarian assistance and appropriate reception capacities across the country; urges BiH to conclude an agreement with the European Asylum Support Office; welcomes the opening of the EU-funded centre in Lipa, but regrets the fact that it still lacks accessibility and remains concerned about reports of insufficient reception conditions; takes note of the closure of the Miral camp on 28 April 2022 and the fact that people living there were forcibly moved to the Lipa camp, which is far away from any basic facilities;

79.

Condemns the eviction of squatters by the police, by force, on 28 April 2022, which happened when people were sleeping; condemns the fact that the people were moved to the Lipa camp;

80.

Recalls the need to establish an accessible and efficient asylum system in the country as well as a full range of integration services for asylum seekers; stresses the need to increase transparency and scrutiny in the allocation and implementation of EU funds in the field of migration, in particular the large amount of funds implemented by the International Organization for Migration; expresses concerns about credible and numerous reports of pushbacks into BiH;

81.

Urges BiH to step up its efforts against cross-border crime, especially human and weapons trafficking and irregular border crossing, and recommends that BiH timely conclude a status agreement with the European Border and Coast Guard Agency (Frontex) that would facilitate better protection and management of its borders; urges both the agency and BiH to ensure border management with full respect for fundamental rights;

Foreign policy and security

82.

Calls on all leaders of the region to promote stability and de-escalation, avoiding uncalled-for and inflammatory remarks, which furthermore have a detrimental effect on stability, the democratisation of the country and the ongoing reform process, and to strengthen good neighbourly relations and work on resolving ongoing bilateral issues; expresses its concern about the dangers of political destabilisation in BiH and the Western Balkans region following the recent Russian war of aggression against Ukraine;

83.

Welcomes BiH’s increasing alignment with the EU’s common foreign and security policy in votes condemning the Russian invasion of Ukraine; regrets, however, that some political actors are blocking the implementation of sanctions against Russia and Belarus following the invasion of Ukraine; calls therefore on these actors in BiH to abide by the country’s international commitments and ensure that its national policies conform to the relevant Council decisions on restrictive measures related to the Russian invasion of Ukraine;

84.

Welcomes the decisions by the Council of Ministers of BiH to facilitate the entry and extend the length of stay for Ukrainian refugees;

85.

Warns of Russia’s continuing interest in destabilising the region and its European path; condemns Russia’s support for the RS entity’s separatist policies and remains concerned about the continuous alignment and friendly ties between prominent political actors in BiH and the Kremlin; urges all actors to swiftly and unambiguously distance themselves from Putin’s regime; is concerned by Russia’s plan to open a ‘humanitarian centre’ in Banja Luka, which could serve to camouflage military cooperation as civilian activities and calls on the BiH authorities to revoke any agreement to open it;

86.

Is highly concerned that the EU accession countries in the Western Balkans are being hit particularly hard by attacks in the form of foreign interference and disinformation campaigns stemming from Russia and China; is alarmed that Hungary and Serbia are helping China and Russia with their geopolitical objectives; is deeply concerned about the spread of disinformation about the Russian aggression against Ukraine; calls on the authorities to take action, in coordination with the EU, to fight disinformation and other hybrid threats; recommends convening dialogues with Western Balkan civil society and the private sector to coordinate anti-disinformation efforts in the region, including regional expertise; stresses the need for the EU to boost its proactive strategic communication; in this regard, calls on the Commission to build up the infrastructure required to counter disinformation threats, and on the EEAS to expand StratCom monitoring to focus on cross-border disinformation threats from Western Balkan countries and their neighbours;

87.

Urges the EU to take concrete steps to integrate the Western Balkans and BiH within a broader strategic and security context, also in view of the Russian aggression against Ukraine, disinformation and malign interference destabilising the country and region; underlines the need for the EU to boost assistance and technical expertise for BiH cybersecurity;

88.

Welcomes the European Council’s readiness to grant candidate country status to BiH, as mentioned in its conclusions of 23 June 2022, and takes note of the European Council’s invitation to the Commission to report without delay to the Council on the implementation of the 14 key priorities set out in its opinion, with special attention to those which constitute a substantial set of reforms in order for the European Council to revert to decide on the matter; underlines that the granting of candidate status could contribute to de-escalating nationalistic rhetoric, reduce ethnic divisions, inspire optimism and create the prospect of a better European future for BiH citizens; stresses the importance of a message of support and a credible accession perspective for BiH;

89.

Welcomes the statements of 4 March and 24 March 2022 by NATO’s Secretary-General on the need to further support BiH, including by upholding its sovereignty and strengthening its resilience; recognises the added value that BiH’s NATO membership would bring;

90.

Expresses its concern about the effects of the war in Ukraine on BiH, namely relating to inflation, energy supply, fuel prices and food security; urges the EU to assist BiH in increasing its green energy security amid the precariousness of energy prices;

91.

Takes note that the implementation of BiH’s 2018-2023 foreign policy strategy, which includes full membership of the EU, activation of the NATO Membership Action Plan, the fight against terrorism, cooperation at regional level, and bilateral and multilateral cooperation, has been undermined by frequent divergent positions; urges the authorities to step up its implementation;

92.

Welcomes the mobilisation of the European Peace Facility funds worth EUR 10 million, which will finance 150 metal detectors and 68 special vehicles to build capacities to boost demining and the disposal of weapons, ammunition and explosives; underlines that BiH officially aligns itself with the criteria and principles of the Common Position on Arms Exports and is a State Party to most disarmament, non-proliferation and arms control treaties, and calls for its meaningful support of the activities by the South Eastern Europe Clearinghouse for the Control of Small Arms and Light Weapons;

93.

Welcomes the continued presence of Operation EUFOR Althea in the country and the extension of its mandate by the UN Security Council on 3 November 2021;

94.

Welcomes the recent reinforcement of EUFOR Althea by the deployment of approximately 500 personnel from its reserves stationed outside BiH as a precautionary measure and the support under the European Peace Facility to strengthen the demining battalion of the armed forces of Bosnia and Herzegovina; recalls that the mission continues to play an important role in safeguarding the security and stability of the country; stresses the strategic importance of the Brčko District and calls for further deployment to be considered based on a realistic threat assessment;

95.

Stresses the imperative need to extend the mandate of EUFOR Althea beyond November 2022; calls therefore on the Member States to work within the UN to extend the mandate, and underlines the paramount importance of having alternative solutions ready in the event of non-extension; calls, therefore, for the EU and its international partners, including NATO, to develop adequate alternatives so as to maintain a peace-enforcement mechanism in BiH should the Operation’s UN Security Council mandate not be extended;

o o

96.

Instructs its President to forward this resolution to the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the Council, the Commission, the Presidency of Bosnia and Herzegovina, the Council of Ministers of Bosnia and Herzegovina, the Parliamentary Assembly of Bosnia and Herzegovina, the governments and parliaments of the Federation of Bosnia and Herzegovina, the Republika Srpska and Brčko District, the governments of the 10 cantons, as well as the Office of the High Representative.

(1) OJ L 391, 5.11.2021, p. 45.

(2) OJ L 330, 20.9.2021, p. 1.

(3) OJ C 265, 11.8.2017, p. 142.

(4) OJ C 399, 24.11.2017, p. 176.

(5) OJ C 362, 8.9.2021, p. 129.

(6) Texts adopted, P9_TA(2021)0506.

(7) Texts adopted, P9_TA(2022)0039.

(8) Texts adopted, P9_TA(2022)0064.

(9) OJ L 91, 18.3.2022, p. 22.

7.2.2023

Official Journal of the European Union

C 47/102

P9_TA(2022)0284

2021 Report on Serbia

European Parliament resolution of 6 July 2022 on the 2021 Commission Report on Serbia (2021/2249(INI))

(2023/C 47/08)

The European Parliament,

—	having regard to the Stabilisation and Association Agreement between the European Communities and their Member States of the one part, and the Republic of Serbia, of the other part, which entered into force on 1 September 2013 (1),

—	having regard to Serbia’s application for membership of the European Union of 19 December 2009,

—

having regard to the Commission opinion of 12 October 2011 on Serbia’s application for membership of the European Union (COM(2011)0668), the European Council’s decision of 1 March 2012 to grant Serbia candidate status and the European Council’s decision of 27-28 June 2013 to open EU accession negotiations with Serbia,

—	having regard to the Presidency conclusions of the Thessaloniki European Council meeting of 19-20 June 2003,

—	having regard to the Sofia declaration of the EU-Western Balkans summit of 17 May 2018,

—	having regard to the Zagreb Declaration of the EU-Western Balkans Summit on 6 May 2020,

—	having regard to the Brdo Declaration of the EU-Western Balkans summit of 6 October 2021,

—	having regard to the Berlin Process launched on 28 August 2014, and to the eighth Berlin Process Summit of 5 July 2021,

—	having regard to the Sofia Summit of 10 November 2020, the Western Balkan Leaders Declaration on Common Regional Market of 9 November 2020 and the Sofia Declaration on the Green Agenda for the Western Balkans of 10 November 2020,

—

having regard to UN Security Council Resolution 1244 of 10 June 1999, to the International Court of Justice (ICJ) Advisory Opinion of 22 July 2010 on the accordance with international law of the unilateral declaration of independence in respect of Kosovo, and to UN General Assembly Resolution 64/298 of 9 September 2010, which acknowledged the content of the ICJ opinion, and welcomed the EU’s readiness to facilitate dialogue between Serbia and Kosovo,

—	having regard to the first agreement on principles governing the normalisation of relations between the governments of Serbia and Kosovo of 19 April 2013, to the agreements of 25 August 2015, and to the ongoing EU-facilitated dialogue for the normalisation of relations,

—	having regard to the Commission communication of 5 February 2020 entitled ‘Enhancing the accession process — A credible EU perspective for the Western Balkans’ (COM(2020)0057),

—

having regard to the Commission communication of 6 October 2020 entitled ‘An Economic and Investment Plan for the Western Balkans’ (COM(2020)0641), and to the Commission staff working document of 6 October 2020 entitled ‘Guidelines for the Implementation of the Green Agenda for the Western Balkans’ (SWD(2020)0223),

—	having regard to Regulation (EU) 2021/1529 of the European Parliament and of the Council of 15 September 2021 establishing the Instrument for Pre-Accession assistance (IPA III) (2),

—	having regard to the Commission communication of 19 October 2021 entitled ‘2021 Communication on EU Enlargement Policy’ (COM(2021)0644), accompanied by the Commission staff working document entitled ‘Serbia 2021 Report’ (SWD(2021)0288),

—	having regard to the Commission assessment of 22 April 2021 on the Economic Reform Programme of Serbia 2021-2023 (SWD(2021)0096), and to the joint conclusions of the economic and financial dialogue between the EU and the Western Balkans and Turkey adopted by the Council on 12 July 2021,

—	having regard to the Commission communication of 29 April 2020 entitled ‘Support to the Western Balkans in tackling COVID-19 and the post-pandemic recovery’ (COM(2020)0315),

—	having regard to the 12th and 13th meetings of the Accession Conference with Serbia at ministerial level, which took place on 22 June and 14 December 2021 and resulted in the opening of cluster 4 — the Green Agenda and sustainable connectivity,

—	having regard to the measures to improve the conduct of the electoral process agreed on 18 September 2021 by the co-facilitators during the second phase of the Inter-Party Dialogue, facilitated by the European Parliament,

—	having regard to the sixth meeting of the EU-Serbia Stabilisation and Association Council held in Brussels on 25 January 2022,

—	having regard to the Council conclusions on Enlargement and Stabilisation and Association Process of 14 December 2021,

—	having regard to the Council Regulation (EU) 2022/576 of 8 April 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (3),

—	having regard to UN General Assembly resolution ES-11/1 on aggression against Ukraine, adopted on 2 March 2022,

—	having regard to the European Court of Auditors Special Report of 10 January 2022 entitled ‘EU support for the rule of law in the Western Balkans: despite efforts, fundamental problems persist’,

—	having regard to the European Court of Auditors Special Report of 3 June 2021 entitled ‘Disinformation affecting the EU: tackled but not tamed’,

—	having regard to the Council of Europe's Group of States against Corruption (GRECO) Second Interim Compliance Report on the Fourth Evaluation Round on Serbia, adopted in March 2022,

—	having regard to its previous resolutions on the country,

—	having regard to its recommendation of 19 June 2020 to the Council, the Commission and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy on the Western Balkans, following the 2020 summit (4),

—	having regard to its resolution of 25 March 2021 on the 2019-2020 Commission Reports on Serbia (5),

—	having regard to its resolution of 15 December 2021 on cooperation on the fight against organised crime in the Western Balkans (6),

—	having regard to its resolution of 16 December 2021 on forced labour in the Linglong factory and environmental protests in Serbia (7),

—	having regard to its resolution of 9 March 2022 on foreign interference in all democratic processes in the European Union, including disinformation (8),

—	having regard to the declaration and recommendations adopted at the 13th meeting of the EU-Serbia Stabilisation and Association Parliamentary Committee, held on 28 October 2021 in Brussels and remotely,

—	having regard to the joint declaration of the Second European Parliament-Western Balkans Speakers’ Summit of 28 June 2021, convened by the President of the European Parliament with the leaders of the Western Balkan parliaments,

—	having regard to the statement of preliminary findings and conclusions of the OSCE/ODIHR international election observation mission to the early parliamentary and presidential elections of Serbia of 3 April 2022,

—	having regard to Rule 54 of its Rules of Procedure,

—	having regard to the report of the Committee on Foreign Affairs (A9-0178/2022),

A.	whereas each enlargement country is judged on its own merits and whereas it is the fulfilment of the enlargement criteria, implementation of the necessary reforms, in particular in the area of ‘fundamentals’ and legislative alignment that determine the timetable and progress of accession;

B.	whereas Serbia has accepted the gradual adoption of the European Union’s objectives and policies during the negotiation process;

C.	whereas democracy, respect for human rights and the rule of law are the fundamental values on which the EU is founded; whereas sustainable reforms and their implementation are needed to tackle the challenges that remain in these areas;

whereas since the opening of negotiations with Serbia, 22 chapters have been opened, two of which have been provisionally closed; whereas the progress on various negotiating chapters has been rather slow in recent years; whereas Serbia opened cluster 4 on the Green Agenda and sustainable connectivity in December 2021;

whereas Freedom House continues to list Serbia as a ‘partly free’ country and notes that the country’s democracy scores have experienced one of the greatest downturns in the last 10 years globally; whereas the situation of press freedom in Serbia is worrying and in 2021 the country ranked 93rd out of 180 in Reporters Without Borders’ press freedom index;

F.	whereas according to the GRECO Fourth Round Evaluation Report published on 30 March 2022, Serbia has satisfactorily implemented or dealt in a satisfactory manner with eight out of GRECO’s 13 recommendations;

G.	whereas Serbia’s progress and commitment in the negotiations on open issues with Kosovo remains an important benchmark for future progress in its EU accession negotiations;

H.	whereas Serbia must respect the full integrity and sovereignty of all neighbouring countries and must refrain from influencing their internal political affairs;

whereas Serbia has not complied with the repeated calls to harmonise its foreign and security policy with that of EU, and has not imposed sanctions on Russia following the Russian invasion of Ukraine; whereas its position in international relations constitutes an impediment to its accession; whereas Serbia has a low level of alignment with the EU’s common foreign and security policy (CFSP);

J.	whereas in the UN General Assembly Serbia has voted in favour of the resolutions condemning Russian aggression in Ukraine while strongly advocating for the territorial integrity and sovereignty of Ukraine to be respected in accordance with international law;

K.	whereas the EU is the largest provider of financial assistance to Serbia through the IPA; whereas Serbia has benefited from the EU assistance under IPA II and has received in total EUR 1 539 billion since 2014;

L.	whereas the EU is Serbia’s largest investor and trading partner, and the EU has the largest peer-to-peer relationship with Serbia, accounting for 65 % of total exports and 59 % of total imports in 2020;

whereas the EU mobilised EUR 3,3 billion to immediately address the health crisis and mitigate the economic and social consequences of the COVID-19 pandemic; whereas the Commission adopted a EUR 70 million package under IPA II to help fund the access of Western Balkan countries to COVID-19 vaccines procured by EU Member States;

whereas the assistance under IPA III is based on strict conditionality and provides for modulation and suspension of assistance in cases of backtracking on democracy, human rights and the rule of law; whereas the EU provided a total of EUR 2,79 billion between 2007 and 2020 under previous IPA programmes;

O.	whereas the situation of women in Serbia is a source of serious concern, as half of women have been subjected to some form of violence and more than 300 women have been killed in recent years as a result of gender-based violence;

P.	whereas Serbia has ratified all the fundamental conventions of the International Labour Organization;

Commitment to EU accession

Expresses support for Serbia’s future membership of the EU and recalls that a credible enlargement perspective requires political will, sustainable efforts and irreversible reforms in all areas, particularly those linked to the rule of law, as well as unwavering commitment to European standards and values; calls on the Serbian authorities to genuinely undertake the necessary reforms and bring the country back on the right track towards EU integration, thus fulfilling Serbia’s European aspirations;

Underscores that progress in the accession process is result- and reform-oriented and is based on further alignment on the rule of law, good governance, fundamental rights and respect for the European rights and values; emphasises the bonds that exist between the peoples of the European Union and the Serbian people;

Welcomes the opening of cluster 4 in December 2021; reiterates that the progress on the rule of law and fundamental rights chapters, full alignment with EU’s foreign, security and defence policy, including sanctions against Russia, as well as on the normalisation of Serbia’s relations with Kosovo, will determine the pace of accession;

Takes note of the preliminary conclusions of the statement of the Office for Democratic Institutions and Human Rights of the Organization for Security and Cooperation in Europe (OSCE/ODIHR) international election observation mission that the 3 April 2022 parliamentary elections presented diverse political options, but a number of shortcomings resulted in an uneven playing field, favouring the incumbents; points out, in this regard, the role of state-sponsored disinformation campaigns aiming to shift opinions on these elections; calls on the Serbian authorities to fully address all ODIHR recommendations well ahead of the next elections; stresses that civil society organisations (CSOs) with expertise in elections should remain involved in this process;

Welcomes the increased voter turnout at the elections on 3 April 2022 and the return to a more pluralistic National Assembly, which now includes numerous parties representing national minorities; regrets the highly polarised political environment of the campaign, which was characterised by the absence of a level-playing field, limited media pluralism and widespread pressure on voters; regrets that the abuse of public office by ruling party members remained a persistent problem throughout the campaign;

Condemns attacks on members of the opposition, journalists, members of CSOs and members of the different electoral monitoring missions, as well as other incidents that undermined the integrity of the election process; condemns the violent attack on Pavle Grbović, one of the opposition leaders and calls on the authorities to hold the perpetrators accountable;

Expresses concern over the absence of a more proactive role of the Republic Electoral Commission (REC) and the City Electoral Commission of Belgrade when it came to determining and communicating the election results; expresses concern that the complete preliminary results of the Belgrade local elections were not published until more than two weeks after the elections had taken place; deplores that three months after the parliamentary elections of 3 April 2022, the final results have not yet been made available and the National Assembly has not yet been convened; notes that this might cause the deterioration of trust of citizens in the independence of the election administration; regrets the unclear communication by the REC on preliminary election results following the closure of polling stations; underlines that the multiple instances of repeated voting at certain individual polling stations points to the insufficient legal and organisational framework of the electoral process as a whole, thereby diminishing the legitimacy of the elections and raising doubts about the results;

Regrets that the issues with the accuracy of the Single Electoral Roll had not been resolved in advance to this election cycle leaving room for its abuse;

Calls on the new majority to respect previously adopted political decisions on the EU accession process and to accelerate Serbia’s alignment with European policies and values; calls for parliamentary positions to be allocated so as to reflect political pluralism in the National Assembly; notes that all but one Serbian parliaments in the past 10 years were dissolved early and that any further unnecessary snap elections would not contribute to political stability; underlines its readiness to work further with the National Assembly and its parliamentary groups in the context of the Inter-Party Dialogue, while stressing that clear political decisions are needed on Serbia’s strategic direction;

10.

Strongly regrets the fact that Serbia has still not aligned with EU sanctions following Russia’s invasion of Ukraine; stresses that Serbia is one of the very few European countries not aligning with EU sanctions against Russia; calls on the newly elected authorities to swiftly show unambiguous commitment to EU values, standards and rules and to urgently align with the EU’s decisions and positions in foreign and security policy, including swift and full alignment with restrictive measures against Russia and Belarus, including sanctions on individuals, groups and entities;

11.

Notes Serbia's support for Ukraine’s territorial integrity and sovereignty and its vote in UN General Assembly condemning the Russian invasion as well as its support for the exclusion of Russia from the UN Human Rights Council on 7 April 2022; notes that at the same time that Serbian representatives avoided the vote on the exclusion of Russia from the Council of Europe;

12.

Reiterates the importance of alignment with the EU’s CFSP, which must progressively become an integral part of Serbia’s foreign policy as a condition for the accession process; expresses concern about Serbia’s low alignment rate, which is the lowest in the region; regrets occasional statements by political leaders that call into question Serbia’s foreign policy orientation; underlines, nevertheless, that the momentum created by the new mandate following the 3 April 2022 elections in Serbia is an opportunity to make important progress towards the country’s EU perspective; calls on political forces in Serbia to suspend their cooperative relations with authoritarian political parties in Russia;

13.

Recommends that further negotiating chapters should only be opened when Serbia takes the necessary measures in this regard, including on the rule of law;

14.

Calls on Serbia to reassess its economic cooperation with Russia and deplores continued flights between Belgrade and Moscow at a time when the EU airspace is closed for flights to and from Russia;

15.

Notes that between 2015 and 2021, Serbia’s military spending grew by 70 %, mainly owing to purchases from Belarus, Russia and China; expresses its concern at its close cooperation with the Russian Federation on military matters; urges Serbia to reconsider its relations with Russia on defence policy and to end all military cooperation with Russia, such as the ‘regional humanitarian centre’ in Niš; is also concerned about Serbia’s growing cooperation with China, including the installation of a mass surveillance system in Belgrade purchased from China, the recent delivery of a surface-to-air missile system, the purchase of Chinese-made military weapons and equipment and joint exercises with Chinese security forces on Serbian territory;

16.

Expresses concern over allegations of wiretapping of members of the Russian opposition in Belgrade by the Serbian authorities and the alleged subsequent transfer of the material to Russian security services; stresses that any cooperation that would contribute to authoritarian and anti-democratic practices in either Russia or Serbia would be detrimental to the future EU-Serbia relations;

17.

Expresses further concern over the establishment by the Serbian and Russian governments of the working group for the fight against ‘colour revolutions’, the purpose and goals of which remain unclear;

18.

Welcomes the adoption of the measures improving the electoral conditions and media space ahead of the April 2022 elections as a result of the Inter-Party Dialogue facilitated by the European Parliament; notes progress in the implementation of measures agreed and calls for further strengthening of media pluralism and equal access to the media space; regrets the fact that many measures have been implemented with delays and without the participation of all relevant actors; regrets that more ambitious measures that could have led to more substantial improvements in the electoral conditions were not adopted;

19.

Welcomes the decision of the non-parliamentary opposition to participate in the April 2022 elections; reiterates that the only way to guarantee political representation is to engage in political and electoral processes; invites all political actors to remain engaged in these processes and to work together to further improve electoral conditions and the implementation of electoral regulations; invites all political actors to act in accordance with the principles of transparency, accountability and inclusiveness; calls on the newly elected National Assembly to use the current momentum and start implementing fully-fledged legislative oversight of the government’s work;

20.

Reiterates its support for the work of European political foundations in strengthening Serbia’s democratic processes and nurturing a new generation of political leaders;

21.

Expresses concern over the very limited visibility in Serbia of European integration processes; reiterates its call on Serbia, the Commission, the European External Action Service (EEAS) and EU Member States to pursue a more active and effective communication strategy about the benefits of EU enlargement and about the support granted through EU funding, and to present the positive example of Serbia’s neighbouring countries that are already EU Member States;

22.

Expresses concern that public support for EU membership in Serbia has been significantly lower than in the rest of the region and that according to the latest polls a majority of Serbian citizens are against joining the European Union; calls on Serbian political leaders to more actively and unambiguously communicate their commitment to EU values in public debate and to engage with Serbian citizens beyond the major cities on the tangible benefits of EU accession; repeats concerns about the publicly funded media’s role in the dissemination of anti-EU rhetoric; invites the new National Assembly to support Serbia’s European future, inter alia through its own strategic communication; reiterates the European Parliament’s readiness to take part in communication activities together with Serbian MPs in order to bring the EU and Serbia closer together; calls on certain government officials to stop supporting anti-EU disinformation campaigns;

23.

Welcomes the fact that EU membership continues to be Serbia’s strategic goal, regrets, however, that there has been a lack of progress in many areas of Serbia’s reform agenda and that there has even been backsliding on issues that are fundamental for EU accession;

24.

Notes that the adoption of the new accession methodology has not led to a substantial acceleration of Serbia’s EU accession process and calls for its full implementation; urges the EU Commissioner for Neighbourhood and Enlargement to be more proactive about Serbia’s accession process, in particular about fundamental freedoms, democracy and rule of law, and the fight against corruption and organised crime; expresses concern about public allegations that the EU Commissioner for Neighbourhood and Enlargement is downplaying some rule of law-related issues in accession countries and encourages the Commission to duly follow-up on Parliament’s requests in this regard;

25.

Regrets that the European integration process in Serbia is insufficiently transparent, as important documents, such as the reports on the implementation of the National Programme for the Adoption of the Acquis, have not been published for years;

26.

Underlines that the EU is Serbia’s biggest trading partner, reinforcing their mutual relationship based on trust and a membership perspective, and therefore regrets the fact that the Serbian Government has at times put a greater emphasis on its ties with China and Russia than on those with the EU;

27.

Notes the initiative of the French Presidency of the EU Council to organise an EU-Western Balkans Conference and hopes that it will be used to invigorate the enlargement process and to give the Western Balkan countries a clear accession perspective; looks forward to the Czech Presidency of the EU Council and its further support to the EU’s enlargement policy; welcomes Serbia's contribution to the Conference of the Future of Europe in the form of 52 recommendations;

Democracy and the rule of law

28.

Urges the newly elected majority to focus on addressing structural shortcomings and delivering concrete and tangible results in the rule of law, fundamental rights, freedom of expression, media freedom, the fight against corruption, disinformation and the functioning of democratic institutions and public administration; is concerned that on several occasions the lack of oversight over the executive and the lack of meaningful public consultation affected the quality of legislation and led to distortions in the division of powers; calls on Serbia to fully implement the separation of powers in accordance with its Constitution and democratic standards; stresses that the establishment of checks and balances is a precondition for preventing excessive concentration of political power and recalls that independent media are a cornerstone of healthy democratic debate;

29.

Welcomes the recent changes to the Constitution following the referendum in January 2022, which aim to enhance the independence of the justice system; stresses that the reform process to strengthen the independence of the judiciary should continue, in particular through legislative amendments to allow the effective implementation of these constitutional amendments, in line with European best practices and the Venice Commission recommendations and in a transparent and inclusive manner; regrets the continuous pressure on the judiciary and condemns public denials of international verdicts for war crimes; calls on the newly elected majority to strengthen the safeguards for the independence and efficiency of the judiciary as a matter of priority; emphasises the need for additional measures to fully guarantee the independence of the judiciary in line with recent constitutional changes;

30.

Highlights the benefits of decentralisation process and calls for the competences of the Autonomous Province of Vojvodina to be strengthened; recalls that under the Serbian Constitution, the law on the financing of the Autonomous Province of Vojvodina should have been adopted by the end of 2008 and encourages the future government to submit the matter to the National Assembly without any further delay;

31.

Acknowledges some improvements in the work of the National Assembly, in particular the reduced use of urgent procedures and the adoption of a new Code of Conduct for members of the National Assembly drawn up in cooperation with GRECO; is concerned, however, that inflammatory language against political opponents, civil society, media and representatives of other institutions expressing differing political views is still used during parliamentary discussions, including by government officials; calls on the new National Assembly not to tolerate such practices and to effectively enforce its Code of Conduct; hopes that the negative practices that have characterised previous National Assemblies, including the overuse of urgent legislative procedures and filibustering, will not resurface and encourages the government to attend the sessions of the National Assembly more regularly;

32.

Regrets that the work of the National Assembly was hindered by the lack of genuine political debate between majority and opposition parties; underlines the importance of a cross-party consensus on EU-related reforms for ensuring the country’s progress on its EU path; is concerned that the National Assembly is not exercising its oversight role and that the legislative agenda is exclusively dictated by the executive; calls on the new parliamentary leadership and parliamentary groups to focus on constructive debates in the National Assembly for the benefit of citizens;

33.

Expresses satisfaction with the fact that the minority parties and coalitions in the new Serbian National Assembly will have a total of 13 representatives representing the Bosniak, Hungarian and Croat national communities; is concerned that Roma will not have their own representatives in the National Assembly;

34.

Calls on the Serbian National Assembly to ensure that independent regulatory bodies are empowered to exercise their oversight roles effectively by supporting and monitoring the implementation of independent regulatory bodies’ findings and recommendations;

35.

Reiterates its concern about limited progress in the fight against corruption and organised crime and about several high-profile corruption scandals pointing to probable links between state officials and organised crime; calls on Serbia to intensify its efforts to effectively address these issues; calls on the authorities to refrain from commenting ongoing investigations and trials, exercising pressure on the judiciary;

36.

Welcomes GRECO’s Second Interim Compliance Report on the Fourth Evaluation Round on Serbia, which deals with corruption prevention among members of the National Assembly, judges and prosecutors, and concludes that Serbia has implemented satisfactorily or dealt in a satisfactory manner with eight of the 13 recommendations contained in the Fourth Evaluation Round Report; calls for implementation of the outstanding recommendations; notes the adoption of a new Law on the Prevention of Corruption, recently amended in line with GRECO’s recommendations;

37.

Urges Serbia to deliver convincing results, including a convincing track record of effective investigations in the fight against corruption, especially in cases with a high level of public interest, and to improve its track record in investigations in high-level corruption cases, which should involve the seizure and confiscation of criminal assets; notes with concern that no information on formal investigations is available in the Krušik and Telekom Srbija cases; notes that the Jovanjica case is being tried in two separate indictments and that new cases of high-level corruption have come to light in investigative media, in particular the so-called Pandora Papers;

38.

Reiterates its call for justice with regard to the unlawful demolition of private property in the Savamala neighbourhood in Belgrade; notes the allegations of the sentenced police officer forced to take sole responsibility for the entire case; reiterates its concern about the possibility that this case may lapse in the next few years; urges the authorities to fully investigate the case and prosecute all persons responsible;

39.

Urges the authorities to investigate and to prosecute all alleged ties to the Belivuk criminal group; expresses concern about recent allegations that Darko Saric was running an international criminal organisation while in prison in Serbia;

40.

Stresses that IPA III provides for modulation or even suspension of funds if there is significant regression or persistent lack of progress on fundamentals, including the fight against corruption and organised crime, as well as media freedom; calls in this context on EU and the Western Balkan countries to establish a framework for fruitful cooperation between the European Public Prosecutor’s Office (EPPO) and the Western Balkan countries in order to ensure that the EPPO can effectively exercise its competences on IPA III funds in the Western Balkan countries;

41.

Welcomes the adoption of changes to the Law on Free Access to Information of Public Importance, responding to the calls for improved transparency in public policy-making, which enables citizens to obtain information of public interest without unnecessary obstacles, and calls for its swift implementation;

42.

Notes that the strategy for development of civil society was adopted but regrets that there is no accompanying action plan; invites the Commission and EEAS to continue close cooperation with civil society and the media in Serbia and to support their activities; recalls that a strong and independent civil society is an essential component of any democracy; calls on the Serbian authorities to include civil society in policy- and decision-making, to refrain from dismissing any criticism by civil society as foreign interference and to foster a climate conducive to the work of all CSOs so that they can work without fear of intimidation or even criminalisation;

43.

Urges the Commission to implement the recommendations of the European Court of Auditors Special Report 01/2022 in order to ensure an effective rule of law impact of EU financial assistance in the Western Balkans, in particular by developing guidelines on the application of IPA III provisions on modulation and stricter parliamentary scrutiny over the funds; calls on the Commission to link funding more closely to progress on the rule of law, to increase support to CSOs and independent media outlets, and to improve project reporting and monitoring, as repeatedly called for by Parliament; calls in this respect for better coordination of rule of law programmes supported by international donors to be ensured;

44.

Deplores the fact that certain parts of the former Yugoslav historical archives are still inaccessible; reiterates its call on the authorities to facilitate access to these archives, especially those of the former Yugoslav Secret Services (UDBA) and the Yugoslav People’s Army Secret Service (KOS), in order to allow communist-era crimes to be thoroughly investigated and addressed, to facilitate the reconciliation process and calls for these archives to be returned to the respective governments of the successor states if they so request;

45.

Calls on Serbia to respect its obligations and fully cooperate with the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Residual Mechanism for Criminal Tribunals (IRMCT), and to implement all of their decisions;

Fundamental freedoms and human rights

46.

Condemns the limitations on the freedom and independence of the media and the misuse of the media by the governing majority to gain an unfair political advantage, attack political opponents and spread disinformation; emphasises the negative impact of these restrictions on democratic processes in the country; notes that competition in the media sector improves media pluralism;

47.

Welcomes the Government’s efforts to implement its media strategy but at the same time regrets practices which indicate that the authorities are intentionally delaying its implementation; notes that additional steps should be made in order to further increase media freedom and calls on the Serbian authorities to take immediate measures to guarantee freedom of expression, the independence of the media and media pluralism;

48.

Notes that the abuse of public money to acquire ownership of media outlets is considered to be one of the main mechanisms for media capture in Serbia; recalls that information on media ownership should be available to the public and calls for greater transparency of media ownership and financing, as well as for creation of an environment that allows independent and investigative media to access funding and operate safely; calls for increased transparency of public financing of media;

49.

Notes that several recent elections of members of the Regulatory Authority for Electronic Media (REM), as well of members of the Radio Television of Serbia governing board in June 2021, have been seen as controversial; notes with concern some public assessments that decision-making in REM is politically biased; notes the new open call for the allocation of national television frequencies and licences and underlines the importance of a fair and transparent process; remains concerned about issues linked to media concentration in the Telekom Srbija case; underlines the importance of improving the functioning and independence of REM as per Inter-Party Dialogue recommendations in order to strengthen media pluralism and implement the media strategy;

50.

Notes the disproportionate visibility given to third countries by Serbia and that certain media outlets are the main source of anti-EU and pro-Russian narratives in Serbia;

51.

Deplores the continuing physical attacks, intimidation, hate speech and political slurs against journalists and civil society, including by MPs and government officials; calls on the authorities to investigate all cases of such attacks, to punish the perpetrators appropriately and to improve the safety of journalists and human rights defenders; expresses concern about continuous discrediting and targeting of human rights defenders, investigative journalists, media outlets and CSOs which are critical of government policies; calls on Serbia to strengthen human rights institutions, guarantee their independence, allocate them the necessary financial and human resources and ensure timely follow-up on their recommendations;

52.

Calls on the Serbian authorities to ensure the full financial and operational independence of the regulators for electronic communications and postal services (RATEL) and for electronic media (REM), in compliance with the EU acquis; calls for further progress on the implementation of the action plan based on the media strategy, without delays and in a transparent and inclusive manner;

53.

Calls for general respect for the basic right to peaceful gatherings and for law-enforcement officials to refrain from the use of excessive force; condemns violence by groups of extremists and hooligans during peaceful protests, such as the November 2021 protests against the Ratko Mladić mural in Belgrade and the December 2021 environmental protests in Šabac and Belgrade; remains concerned about the reports that the police did not perform its protective function during these environmental protests; calls on the Government to ensure the removal of the murals glorifying convicted war criminals, and for an effective investigation of attacks against protesters, including of any public officials involved; calls for a full investigation into any links between hooligans and the police; regrets that a number of citizens faced misdemeanour charges; calls for an end to these disproportionate limitations on the right to peaceful assembly;

54.

Welcomes the adoption of the Law on Gender Equality and the amendments to the Law on the Prohibition of Discrimination and calls on government to ensure that these laws are promptly implemented; reiterates that coordination, an effective institutional structure and cooperation with civil society are necessary in order to improve the situation of human rights and political freedoms for women and vulnerable groups; calls on Serbia to improve gender equality and the women’s rights situation, including by prioritising gender mainstreaming and increased cooperation with civil society, in particular women’s organisations;

55.

Welcomes the adoption of a new strategy on violence against women and against domestic violence; stresses, however, that implementation and improvements are needed, and calls for a coherent policy approach on the implementation of the Istanbul Convention, based on prioritising and allocating sufficient resources to prevent gender-based violence, protect victims of crime and prosecute perpetrators;

56.

Regrets that in the previous parliamentary term, the National Assembly failed to adopt the Law on Same-Sex Partnerships which was drafted by the Ministry of Human and Minority Rights and Social Dialogue; calls on the new and more pluralistic National Assembly to do so;

57.

Calls on the Serbian authorities to step up efforts to ensure the non-discriminatory treatment of ethnic, religious and sexual minorities and other vulnerable groups, and to continue the implementation of a positive agenda on this issue, in full conformity with EU principles and legislation; urges the authorities to actively pursue investigations and convictions for hate-motivated crimes; condemns the ethnic hatred spread by some government officials and politicians;

58.

Calls on Serbia to ensure that minority groups have equal opportunities, especially in education, the use of minority languages, access to the media and religious services in minority languages, adequate representation in political and cultural life, publicly-owned media, the administration and the judiciary, to create a positive atmosphere for education in minority languages and to intensify the printing of textbooks in minority languages; calls on Serbia to protect and promote the cultural heritage, languages and traditions of its national minorities; calls on Serbia to take all necessary measures to ensure that the composition of all levels of government reflects the national composition of the population in their respective territories;

59.

Condemns the manipulation of the fragmentation of minority groups and expresses its concern at the unwillingness of the Serbian authorities to consistently and fully implement the intergovernmental agreement on the protection of minorities; notes that more has to be done to actively implement anti-discrimination legislation;

60.

Welcomes the commitment of the Serbian authorities to support the organisation of EuroPride in Belgrade as a key moment for the LGBTI+ community in Serbia and the region; calls on the Government and police forces to ensure smooth planning and organisation of the programme, as well as the safety and well-being of participants; calls for increased measures to combat harassment, hate propaganda and hate crimes against LGBTI + people;

61.

Reiterates its condemnation of the alleged use of forced labour and violation of human rights and trafficking in the case of around 500 Vietnamese citizens in the Chinese Linglong factory construction site in Serbia; notes that initial steps were taken and inspections conducted, and calls on Serbian authorities to investigate the case and to ensure that the labour rights of citizens and residents are respected; calls on Serbia to improve alignment with EU labour law and to comply with relevant International Labour Organization conventions which it has ratified; stresses that Serbian labour and environmental legislation should also apply to Chinese companies operating in the country;

62.

Deplores the deportation of a Bahraini national to his home country despite an interim measure by the European Court of Human Rights stating that the extradition should be postponed; recalls that Serbia must uphold the fundamental rights of all people on its territory; urges Serbian authorities to respect its international obligations, and to fully enforce and implement all rulings of the European Court of Human Rights;

63.

Notes the importance of cooperating with the EU in the fight against trafficking in human beings and migrant smuggling through the ‘Balkan route’; welcomes Serbia’s cooperation on managing migration with its neighbours and EU Member States, stressing the need to fully respect human rights and international standards and principles;

64.

Is deeply concerned about the spread of disinformation about Russian aggression against Ukraine, including by media outlets close to the government; calls on the Serbian authorities to take decisive steps to tackle disinformation and to discredit the most widely circulated fake news; calls on Serbia and the Commission to bolster infrastructure for fighting disinformation, Russian propaganda and other hybrid threats, and to support evidence-based responses to both short-term and long-term disinformation threats in the Western Balkans; stresses that all political leaders have the responsibility to stop the spread of malicious disinformation about Russian aggression against Ukraine; notes that a tolerant attitude towards malign external influences may have serious negative consequences on Serbia’s prospects for EU accession;

65.

Is particularly concerned about the disinformation narratives emanating from the Kremlin and distributed through Sputnik Serbia and other domestic actors; calls on the Serbian authorities to align with the EU sanctions and to take measures to prevent Russia Today and Sputnik Serbia from disseminating fake new and disinformation; is deeply concerned that the main sources of disinformation include government-funded or supported tabloid newspapers and some television channels with national coverage; deplores that the public broadcaster has been using Russian propaganda language, such as ‘special military operation’, since the start of the unprovoked Russian invasion of Ukraine;

66.

Is highly alarmed that the EU accession countries in the Western Balkans are being hit particularly hard by foreign interference and disinformation campaigns originating from Russia and China; is concerned that Serbia and Hungary are helping Russia and China with their geopolitical objectives; calls on the EEAS to pivot to a more proactive stance, focusing on building the EU’s credibility in the region and expanding monitoring activities by the EEAS Strategic Communications Task Force (StratCom) to focus on cross-border disinformation threats emanating from Western Balkan countries and their neighbours;

67.

Underlines the importance of dialogue with Serbian civil society and the private sector to coordinate anti-disinformation efforts in both Serbia and the region; notes, in this regard, that Serbia would benefit from further involvement in expert groups of the European Union Agency for Cybersecurity (ENISA);

68.

Appreciates the work of the EEAS StratCom Task Force for the Western Balkans tasked with ensuring coordinated and consistent EU communication, building resilience and dealing with disinformation and information manipulation against the EU; calls for reinforcement of strategic communication actions and staff increase, including the possibility of setting up a regional strategic communication post located in the Western Balkans region;

Reconciliation and good neighbourly relations;

69.

Welcomes Serbia’s participation in regional cooperation mechanisms and encourages it to devote more effort to improving bilateral relations with other enlargement countries and neighbouring EU Member States; commends its decision to donate around 600 000 COVID-19 vaccines to the region, including to North Macedonia, Montenegro, and Bosnia and Herzegovina; encourages it to work on all levels to promote reconciliation and improve good neighbourly relations, implement bilateral agreements and resolve outstanding bilateral issues with its neighbours, in particular border demarcation, succession, the return of cultural property and the opening of military archives;

70.

Emphasises Serbia's commitment to work with neighbouring countries to address the issue of missing persons and emphasises that reconciliation with neighbouring countries is a precondition for the normalisation of regional relations; expresses its concern at the adoption of the Law on Cultural Heritage; calls for full respect for cultural heritage and for the promotion of cultural cooperation and reiterates the importance of protecting the languages of national minorities in Serbia in accordance with laws and bilateral agreements with neighbouring countries;

71.

Welcomes the calls of the Serbian authorities for the return of Bosnian Serbs to the work of the institutions of Bosnia and Herzegovina;

72.

Reconfirms its unequivocal support for the EU-facilitated Belgrade-Pristina dialogue and commends the work of the EU Special Representative for the Belgrade-Pristina Dialogue, Miroslav Lajčák; reiterates the importance of constructive engagement on the part of the authorities of both Serbia and Kosovo in order to achieve a comprehensive, legally binding normalisation agreement based on mutual recognition, which is crucial for both countries to advance on their respective European paths and will contribute to regional stability and prosperity; calls for all past Belgrade-Pristina agreements to be respected and fully implemented in good faith and in a timely manner, including the Association/Community of Serb-Majority Municipalities;

73.

Calls on the EEAS to set up a mechanism to monitor and verify the implementation of all the agreements so far reached and to report periodically to the European Parliament about the state of play; calls on EU actors to support the local authorities when working towards the Association/Community of Serb-Majority Municipalities as part of a mutual agreement;

74.

Calls for further active and constructive engagement in the EU-facilitated dialogue; urges the Serbian and Kosovo Governments to refrain from any action that could undermine trust between the parties and put the constructive continuation of the dialogue at risk; reiterates its call to improve the quality of the dialogue process through the participation of women, increased transparency towards the public and meaningful involvement of civil society;

75.

Calls on the Serbian and Kosovar authorities to promote people-to-people contacts between local communities in order to strengthen dialogue, including at a non-governmental level; commends cultural and youth initiatives such the annual cross-border arts festival ‘Mirëdita, Dobar Dan!’, which promote collaboration between Kosovo Albanians and Serbs;

76.

Welcomes the fact that Serbia and Kosovo have adopted the Energy Agreements’ Implementation Roadmap, which is an important step forward in the EU-facilitated dialogue with a view to delivering concrete results for all citizens; calls on both Serbia and Kosovo for the stepping up of efforts and the delivery of solutions on the issues of missing persons and justice for war crimes committed during the Yugoslav wars in the 1990s; calls on the government to also address these topics as part of the Belgrade-Pristina dialogue and to establish cooperation between Serbia and Kosovo;

77.

Regrets the decision of the Government of Kosovo to reject a proposal by international mediators enabling the collection of the ballots of eligible voters to allow them to vote in the territory of Kosovo in the 16 January 2022 constitutional referendum and in the 3 April 2022 Serbian elections, as had been the practice previously;

78.

Regrets the destabilisation activities on the border in the north of Kosovo in September 2021 and calls on Belgrade and Pristina to address all issues through dialogue; regrets the fact that there was no agreement reached in the working group tasked with finding a solution on the use of vehicle licence plates; calls on both parties to find a permanent solution promoting the normalisation of economic and political relations within the framework of the EU-facilitated dialogue as soon as possible; deplores several instances of officials not being allowed to enter the territories of Kosovo or Serbia; calls on both parties to treat all visits in a way that is beneficial to the normalisation process;

79.

Notes the complaints of ethnic Albanians from the Presevo valley who were denied the right to vote and apparently deleted from the civil registry at their place of residence, thus being deprived of their fundamental and political rights by the Serbian authorities; is deeply worried about the allegations and studies indicating that the Serbian authorities are abusing the law on the residence of citizens and about the ‘passivisation’ of residential addresses of Albanian ethnicity citizens living in southern Serbia in a systematic and discriminatory manner; calls for independent and thorough investigations into these allegations and on the Serbian authorities to cease all discriminatory practices and targeting;

80.

Welcomes the adoption of the National Strategy for War Crimes Prosecution for the period 2021-2026 and the recent start of the work of various bodies and reporting mechanisms linked to its work; underlines the importance of transparent and inclusive implementation of the Strategy; urges the Serbian authorities to act decisively against the glorification of convicted war criminals and to cease all divisive rhetoric and actions that undermine the integrity of countries in the neighbourhood and threaten regional stability and reconciliation; urges the Serbian authorities to show a genuine commitment to investigating and bring to court war crimes cases; reiterates that there is no place in Europe for genocide denial;

81.

Stresses the importance of regional cooperation on war crimes and missing persons, calls on the Serbian authorities to condemn all forms of hate speech, intimidation campaigns and public approval and denial of genocide, crimes against humanity and war crimes; regrets that some Serbian authorities and some Serbian politicians continue to deny the Srebrenica genocide; calls on Serbian authorities to ensure the continuation of war crimes trials, including at local level, and achieve justice for victims by recognising and respecting court verdicts on war crimes, fighting against impunity for wartime crimes, investigating cases of missing persons, investigating grave sites, and supporting domestic prosecutors in bringing perpetrators to justice;

82.

Condemns the growing presence of convicted war criminals, such as Veselin Šljivančanin, Dragoljub Ojdanić and Nikola Šainović, in the media space, which they use to spread hatred and intolerance towards national minorities in Serbia;

83.

Calls for the EU and its allies to further strengthen the work on reconciliation; welcomes the renewed engagement of the EU allies, in particular the appointment of US, UK and German special envoys for the Western Balkans, calls for them to engage in close cooperation and coordination with the EU envoy with a view to strengthening leverage and providing coherent advice and support;

84.

Reiterates its support for the initiative to establish the Regional Commission for the establishment of facts about war crimes and other gross human rights violations on the territory of the former Yugoslavia (RECOM);

85.

Welcomes the start of implementation of a roaming-free zone in the entire Western Balkans as of 1 July 2021, improving connectivity and bringing tangible and concrete benefits to citizens and businesses in the region; welcomes the adoption of the Brdo Declaration signed by EU officials and leaders of Western Balkan countries recognising the importance of this achievement; urges the Council and the Commission to work with the authorities of the Western Balkan countries in order to eliminate roaming charges between the Western Balkans and the European Union;

86.

Urges the Serbian authorities to unambiguously support setting up of a common regional market within the Berlin Process framework as a stepping stone on its EU accession path; emphasises that all regional economic cooperation schemes in the Western Balkans should be inclusive and acceptable to all six countries, establishing cooperation on an equal footing among all six countries, while strengthening further alignment with EU standards and the acquis;

Socio-economic reforms

87.

Welcomes the progress made in developing a functioning market economy, although the state retains a strong footprint, and the fact that the impact of the COVID-19 crisis on the economy was successfully mitigated by, inter alia, timely fiscal and monetary support measures; calls nonetheless on Serbian authorities to provide for targeted pandemic-related support for vulnerable households and businesses; notes that the EU has continued to provide essential support to Serbia for its socio-economic recovery and for immediate medical needs, including additional support of EUR 10 million;

88.

Notes with concern that none of the allegations mentioned in the previous report made by investigative journalists about government manipulation of COVID-19 statistics for political purposes have been investigated; stresses that trust and transparency are of particular importance in the government’s efforts against COVID-19 and therefore urges the Serbian government to provide all relevant statistics to citizens;

89.

Notes that despite improvements, the labour market still suffers from structural problems and demographic and migration challenges; calls on Serbia to improve women’s position in the labour market and further tailor education and training to labour market needs, in particular in the area of vocational education and training and linked to the green and digital transition;

90.

Is deeply concerned by the socio-economic situation in several districts of southern Serbia; calls on the Serbian Government to investigate all allegations about the use of social assistance instruments to put pressure on voters, especially vulnerable groups and members of the Roma minority; calls on the Serbian Government to respond to the challenges of poverty and unemployment in these and other parts of the country and to ensure that social and employment policies have sufficient financial and institutional resources;

91.

Calls on Serbia to improve its capacities to provide statistics and to carry out the population census, in compliance with the highest international standards and with the involvement of independent observers;

92.

Is deeply concerned by the depopulation and continuing emigration of Serbia’s human capital; welcomes Serbian governments initiatives and innovative approaches to counter these trends, including demographic change, by working with international organisations through a series of targeted policies across sectors to address demographic threats, as the steady population decline remains a key challenge for economic development; calls on the new government to pay more attention to youth policies; notes that additional efforts need to be invested in the socio-economic development of the border regions in order to prevent them from depopulation; recalls that IPA III cross-border cooperation programmes could be utilised for this purpose;

93.

Welcomes the implementation of programmes to support small and medium-sized enterprises (SMEs) in particular the reduction of the cost of borrowing for SMEs; calls on Serbia to address the remaining shortcomings, including a volatile business environment and unfair competition; welcomes the engagement of Serbia in the process of regional market integration in the Western Balkans, which followed by further economic integration with EU single market will attract the investments needed and generate new opportunities for citizens and the business community;

94.

Reiterates its concern about Serbia’s growing dependence on Chinese investments and the scale of loans that Serbia will have to pay back to China; urges the Serbian authorities to improve the transparency of and strengthen the legal compliance with environmental impact assessment requirements in highly polluting industries for Chinese, Russian and other non-democratic foreign investments stemming from bilateral agreements on strategic cooperation; regrets the recent delivery Chinese missile systems to Serbia;

95.

Stresses that the countries of the Western Balkans must be put at the heart of the EU’s Global Gateway initiative and provide a transparent and sustainable investment alternative to the investments and loans from China and other authoritarian regimes;

96.

Notes the withdrawal of the amendments to the Law on Expropriation and calls for a broader public debate on this issue;

97.

Welcomes the improvements in fighting money laundering and terrorist financing but calls for an improved track record in investigations in cases of money laundering; notes that infrastructure and construction are significant sources of illicit money and encourages Serbia to minimise the risk of illicit financial flows in the construction industry and to reduce tax evasion and corruption in the infrastructure sector; calls on Serbia to ensure that Financial Action Task Force (FATF) recommendations are used in good faith;

98.

Expresses concerns about the lack of progress on the ‘List’ case, which constitutes an abuse of the legal framework by state authorities in order to target particular CSOs and media critical of government policies; recalls the call on the Serbian Administration for the Prevention of Money Laundering of the Serbian Ministry of Finance to fully investigate these issues;

99.

Recalls the conditionality of funding under IPA III and the Economic and Investment Plan for the Western Balkans (EIP); recognises the importance of IPA III and the EIP for supporting the reform process, green transition, sustainable connectivity, human capital, competitiveness and inclusive growth, as well in reinforcing regional and cross-border cooperation;

The environment, energy and transport

100.

Welcomes the concrete steps taken in order to phase out coal power plants; expresses serious concern that despite current climate and environmental challenges, Serbia is still investing in a new coal power plant; urges the authorities to adopt a national integrated energy and climate plan consistent with the European Green Deal’s zero emissions target for 2050 and the Green Agenda for the Western Balkans;

101.

Calls on national authorities to swiftly implement the Law on the Use of Renewable Energy Sources and for broader public debate on the energy transition and the ongoing construction of dozens of small hydropower plants;

102.

Calls on Serbia to step up efforts to diversify its energy supply and overall energy mix, in particular to reduce its dependency on Russia, as well as to increase investments and modernise energy infrastructure in order to implement the necessary transition from fossil fuels to renewable sources of energy; underlines, in this respect, the importance of the construction of the interconnector with Bulgaria; urges the Commission to ensure that IPA funds contribute to building a climate neutral economy in Serbia, fully in line with the Paris Agreements and the EU decarbonisation targets, and to give the necessary technical support to achieve this goal;

103.

Underlines the fact that lack of efficiency in the energy sector critically impacts the country’s overall economic competitiveness and calls on the country to work purposefully towards the transition to a green and circular economy by phasing out fossil energy sources and greatly increasing the recycling rate of resources and materials;

104.

Notes with concern the consistent lack of compliance with and the consequent breach of the Energy Community Treaty (ECT) and calls on Serbia to follow the recommendations of the ECT and bring its activities in the energy sphere in line the Third Energy Package and in compliance with the EU energy policy;

105.

Reiterates its concern at the high levels of air pollution and urges the authorities to speed up the implementation of air quality plans; regrets the fact that several places in Serbia, notably Belgrade, Smederevo, Bor and the Kolubara and Tamnava valleys, are often on the list of the most polluted areas in the world in terms of air quality; urges the authorities to swiftly take measures to improve air quality, especially in large cities and industrial areas; stresses the importance of finding sustainable solutions and limiting the use of lignite and other low-calorie coal in energy production and heating;

106.

Is deeply concerned by Chinese-financed coal power generation projects and their impact on the environment and air quality; notes the fact that the adoption process for the programme on air protection is currently ongoing and welcomes small-scale grants to municipalities for air quality and waste management improvements and funding the implementation of projects to reduce air pollution in Serbia;

107.

Reiterates its regret over the lack of action on the pollution of the river Dragovishtitsa by mines operating in the region and its detrimental effect on the health of local people and the environment;

108.

Underlines the need for improvements in waste management legislation, implementation, enforcement and to accelerate introducing and implementing waste hierarchy and circular economy measures;

109.

Notes the withdrawal of the exploration licences for the lithium extraction and processing project in Western Serbia; calls on the Serbian authorities to be fully transparent in this process and for a comprehensive impact assessment to be conducted, including public consultations with concerned local communities when issuing licences;

110.

Expresses deep concern about serious problems of corruption and rule of law on the environmental issues and the general lack of transparency and environmental and social impact assessments for infrastructure projects; notes in this context the opening of cluster 4 (Green Agenda and Sustainable Connectivity) in the EU accession negotiations; calls for follow-up on the legitimate concerns expressed in environmental protests and for these to be addressed during the negotiations;

111.

Calls for an increase in the total area of the territory of Serbia under protection and for the implementation of measures and adequate financing of nature protection to be ensured; calls for the consistent application of the Law on Nature Protection and the Law on the Use of Renewable Energy Sources with a view to stopping any harmful projects in protected areas;

112.

Welcomes the adoption of the Waste Management Programme and notes that the public presentation process for the Waste Management Programme action plan for the period from 2022 to 2024 is ongoing; notes that the Ecological Information System was put into operation, allowing citizens to report environmental problems;

113.

Calls for a review of all small hydro projects (SHPPs) built so far to identify whether the law and procedures were duly respected when permits were issued; calls for immediate measures to return the rivers to the state they were in before the construction of SHPPs in all cases where the law was clearly violated, such as in the Rakita case; calls for the removal of facilities that endanger shores, lakes, watercourses and groundwater; highlights the need for supervision of any project endangering water resources, which should be put on the list of projects for which an environmental impact assessment study is required; calls for the privatisation of the Jaroslav Cerni Institute for Water Management to be reconsidered;

114.

Welcomes Serbia’s progress in the reform of its railway system; encourages it to ensure that investments in its transport infrastructure are compliant with the EU’s sustainable and smart mobility strategy and that they provide maximum benefit to Serbia’s economy;

o o

115.

Instructs its President to forward this resolution to the President of the European 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 to the President, and the Government and National Assembly of Serbia.

(1) OJ L 278, 18.10.2013, p. 16.

(2) OJ L 330, 20.9.2021, p. 1.

(3) OJ L 111, 8.4.2022, p. 1.

(4) OJ C 362, 8.9.2021, p. 129.

(5) OJ C 494, 8.12.2021, p. 172.

(6) Texts adopted, P9_TA(2021)0506.

(7) Texts adopted, P9_TA(2021)0511.

(8) Texts adopted, P9_TA(2022)0064.

7.2.2023

Official Journal of the European Union

C 47/118

P9_TA(2022)0285

2021 Report on Kosovo

European Parliament resolution of 6 July 2022 on the 2021 Commission Report on Kosovo (2021/2246(INI))

(2023/C 47/09)

The European Parliament,

—	having regard to the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo, of the other part, which entered into force on 1 April 2016 (1),

—	having regard to the framework agreement between the European Union and Kosovo on the general principles for the participation of Kosovo in Union programmes, in force since 1 August 2017 (2),

—	having regard to the Presidency conclusions of the Thessaloniki European Council meeting of 19 and 20 June 2003,

—	having regard to the Sofia Declaration of the EU-Western Balkans summit of 17 May 2018,

—	having regard to the Zagreb Declaration of the EU-Western Balkans summit on 6 May 2020,

—	having regard to the Brdo Declaration of the EU-Western Balkans summit of 6 October 2021,

—	having regard to the Berlin Process launched on 28 August 2014 and to the eighth Berlin Process Summit of 5 July 2021,

—	having regard to the Sofia Summit of 10 November 2020, the Western Balkan Leaders Declaration on Common Regional Market of 9 November 2020 and the Sofia Declaration on the Green Agenda for the Western Balkans of 10 November 2020,

—

—	having regard to the first agreement on principles governing the normalisation of relations between the governments of Serbia and Kosovo of 19 April 2013, to the agreements of 25 August 2015, and to the ongoing EU-facilitated dialogue for the normalisation of relations,

—	having regard to Council Decision (CFSP) 2021/904 of 3 June 2021 amending Joint Action 2008/124/CFSP on the European Union Rule of Law Mission in Kosovo (EULEX Kosovo) (3), which extended the mission’s mandate until 14 June 2023,

—	having regard to the Commission communication of 5 February 2020 entitled ‘Enhancing the accession process — A credible EU perspective for the Western Balkans’ (COM(2020)0057),

—

—	having regard to Regulation (EU) 2021/1529 of the European Parliament and of the Council of 15 September 2021 establishing the Instrument for Pre-Accession assistance (IPA III) (4),

—	having regard to the Commission communication of 19 October 2021 entitled ‘2021 Communication on EU Enlargement Policy’ (COM(2021)0644), accompanied by the Commission staff working document entitled ‘Kosovo 2021 Report’ (SWD(2021)0292),

—	having regard to the Commission assessment of 22 April 2021 on the Kosovo 2021-2023 economic reform programme (SWD(2021)0093), and to the joint conclusions of the economic and financial dialogue between the EU and the Western Balkans and Turkey adopted by the Council on 12 July 2021,

—	having regard to the Commission communication of 29 April 2020 entitled ‘Support to the Western Balkans in tackling COVID-19 and the post-pandemic recovery’ (COM(2020)0315),

—

having regard to the Commission proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (Kosovo) (COM(2016)0277), and to its position of 28 March 2019 on the Commission proposal (5),

—	having regard to the final report of the European Union Election Observation Mission on the 2021 municipal elections in Kosovo,

—	having regard to the fourth meeting of the Stabilisation and Association Council between the European Union and Kosovo held in Brussels on 7 December 2021,

—	having regard to the Council conclusions on enlargement and stabilisation and association process of 14 December 2021,

—	having regard to the European Court of Auditors Special Report of 10 January 2022 entitled ‘EU support for the rule of law in the Western Balkans: despite efforts, fundamental problems persist’,

—	having regard to its recommendation of 19 June 2020 to the Council, the Commission and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy on the Western Balkans, following the 2020 summit (6),

—	having regard to the declaration and recommendations adopted at the seventh and eighth meetings of the EU-Kosovo Stabilisation and Association Parliamentary Committee, held on 4 and 5 November 2021 and 9 and 10 March 2022,

—	having regard to the joint declaration of the Second European Parliament-Western Balkans Speakers’ Summit of 28 June 2021, convened by the President of the European Parliament with the leaders of the Western Balkan parliaments,

—	having regard to its previous resolutions on the country,

—	having regard to its resolution of 25 March 2021 on the 2019-2020 Commission Reports on Kosovo (7),

—	having regard to its resolution of 15 December 2021 on cooperation on the fight against organised crime in the Western Balkans (8),

—	having regard to Rule 54 of its Rules of Procedure,

—	having regard to the report of the Committee on Foreign Affairs (A9-0179/2022),

A.	whereas each enlargement country is judged on its own merits and whereas it is the implementation of necessary reforms determines the timetable and progress of accession;

B.	whereas Kosovo has not been recognised as independent state by five Member States;

C.	whereas democracy and the rule of law are the fundamental values on which the EU is founded; whereas deep and comprehensive reforms are needed to tackle the challenges that remain in these areas;

D.	whereas a comprehensive legally binding normalisation agreement between Serbia and Kosovo is crucial for both countries to advance on their respective European paths; whereas such an agreement would greatly contribute to enhancing the overall stability of the region;

E.	whereas Kosovo has not been granted visa liberalisation, although all benchmarks have been fulfilled since 2018;

F.	whereas Kosovo has made substantial progress in fighting corruption and organised crime;

G.	whereas the European Union is Kosovo’s biggest trading partner, accounting for 33 % of total exports and 50 % of total imports in 2020;

H.	whereas the EU remains Kosovo's main strategic partner and supports Kosovo’s commitment to European integration, notably through the IPA III, the Economic and Investment Plan for the Western Balkans and macro-financial assistance;

I.	whereas the EU is the largest provider of financial assistance to Kosovo and whereas Kosovo benefits from pre-accession assistance under the IPA, having received a total of EUR 1,21 billion between 2007 and 2020;

J.	whereas the Commission adopted a package of EUR 70 million under IPA II to help fund Western Balkan countries’ access to COVID-19 vaccines procured by EU Member States;

K.	whereas the assistance under IPA III is based on strict conditionality and provides for modulation and suspension of assistance if there is backtracking on democracy, human rights and the rule of law;

Commitment to enlargement

Welcomes Kosovo’s continued commitment to advance on EU-related reforms and the overwhelming consensus among political parties on and public support for European integration and embracing a European identity; notes the government’s strong majority in the Kosovo Parliament following the general elections and calls on the government to make use of its stable majority to urgently advance the necessary reforms;

Calls on the EU Member States to prioritise enlargement and to deliver the promised benefits once the conditions have been met, as well as to improve the exchange of information with EU citizens on enlargement;

Welcomes the increased political stability and the government’s strong commitment to further advance on its European path, as demonstrated by the adoption of the Action Plan of the European Reform Agenda II and the National Programme for the Implementation of the Stabilisation and Association Agreement 2022-2026; underlines the need to strengthen the administrative capacities and to put in place a coherent coordination structure within the Kosovo institutions for their effective implementation;

Commends the peaceful and orderly conduct of the early legislative elections of 14 February 2021 and the municipal elections of 17 October and 14 November 2021; regrets, however, the low representation of women on the ballots and limited political competition and freedom of choice and expression in the Kosovo-Serb municipalities, as noted in the EU election observation mission reports;

Welcomes the Assembly of Kosovo’s establishment of an ad hoc Commission for electoral reform on 13 April 2021; calls on Kosovo to urgently address the long-standing deficiencies in the electoral process, in particular with regard to campaign rules, voting by citizens abroad and the accuracy of voter lists; regrets the fact that many of the recommendations issued by previous EU election observation missions since 2013 remain unaddressed and underlines that these long overdue reforms need strong a political commitment from and the meaningful involvement of political parties and civil society;

Deeply regrets that the Council has failed to deliver on the visa-free regime for Kosovo; emphasises its full solidarity and sympathies with the country’s citizens; reiterates its call on the Member States in the Council to proceed urgently with the adoption of a visa-free regime for the citizens of Kosovo, as Kosovo remains the only country in the Western Balkans without a visa liberalisation regime, despite fulfilling all the benchmarks since 2018;

Underlines that the lack of visa liberalisation hinders the implementation of EU programmes and directly affects Kosovo citizens while emboldening criminal networks; notes that further delay undermines the EU's credibility and reputation as a reliable partner and serious geopolitical actor, and thus could also impact the dialogue between Kosovo and Serbia; emphasises that visa liberalisation has the potential to bring Kosovo closer to the EU by facilitating travel, cultural and educational exchanges, as well as business;

Fully supports Kosovo’s application for membership of the Council of Europe and calls on all the EU Member States to support its bid, as well as its bids to join other international organisations;

Notes also Kosovo’s intention to apply for membership of the European Union in 2022, with the aim of achieving candidate status, but stresses that there is no fast-track procedure for any candidate or potential candidate country and recalls that all countries aspiring to become Member States will be judged on their own merits in terms of fulfilling, implementing and complying with the set of criteria and common European values;

10.

Underlines that progress in normalising relations with Serbia based on mutual recognition is a necessary precondition for both countries to advance on their European path; recognises that Kosovo is fully committed to making progress in negotiations with Serbia on resolving outstanding issues in a mutually beneficial manner and encourages Kosovo’s authorities to refocus their efforts on advancing and delivering on the Pristina-Belgrade dialogue process, and not to create another source of disappointment for its citizens by prematurely applying for EU membership;

11.

Stresses that the independence of Kosovo is irreversible; welcomes the fact that Israel recognised Kosovo on 4 September 2020; regrets, however, the fact that five EU Member States have not yet recognised Kosovo and reiterates its call for them to do so immediately and reaffirm Kosovo’s EU perspective; notes that the EU is Kosovo's biggest donor, trading partner and investor;

12.

Notes that the Russian invasion of Ukraine is a source of utmost concern for the Western Balkans, in particular for Kosovo citizens; welcomes the adoption of the resolution of the Assembly of Kosovo strongly condemning the military aggression and the invasion of Ukraine by the Russian Federation, and commends Kosovo for its speedy alignment with the EU by adopting sanctions against Russia and for the strong solidarity it expressed with Ukraine, which position it as a very reliable partner, deeply anchored in the European and transatlantic alliance; welcomes Kosovo's readiness to host Ukrainian refugees and the adoption of measures to support them, including the implementation of the ‘Journalists in Residence’ programme, which enables Ukrainian journalists to live and work in Kosovo; notes with relief that no serious threats to the security and the territorial integrity of Kosovo have been reported recently; underlines that a successful integration of the north and further efforts to improve the daily life of Kosovo Serbs can make essential contributions to the overall stability and security situation in the country;

13.

Welcomes the granting of EU candidate status to Ukraine and Moldova at the European Council meeting of 23 and 24 June 2022; recalls, however, that in order to retain the credibility of the EU enlargement process, the long-standing commitment to all six Western Balkan countries, including Kosovo, must be maintained and their parallel track needs to continue unaffected on the basis of merit, political alignment, solidarity on international matters and agreed commitments; calls for more dynamism in the enlargement process;

Democracy and the rule of law

14.

Welcomes the increased efforts to fight corruption, including through the adoption of the rule of law strategy and action plan for 2021-2026 and underlines that implementation is key; commends Kosovo for having moved up 17 places on Transparency International’s Corruption Perceptions Index for 2021; encourages Kosovo to continue improving its track record in the fight against high-level corruption and organised crime and to fully investigate all possible links with political power; calls on the Kosovar authorities to continue strengthening their investigation and prosecution of organised crime cases, including cases of trafficking in human beings and drug trafficking, and to be more active in the fight against money laundering;

15.

Commends Kosovo’s efforts in fighting terrorism and violent extremism and in repatriating and integrating foreign fighters; encourages Kosovo to adopt a new strategy for the prevention of violent extremism and radicalism leading to terrorism, bearing in mind that the implementation of the previous strategy faced a lack of institutional coordination and financial tools; calls for active regional cooperation in countering potential terrorist activities and disrupting financial flows destined for terrorist financing, as well as for greater coordination and exchange of information between the relevant security services and agencies of the Republic of Kosovo and the EU;

16.

Is concerned that the judiciary continues to be inefficient and vulnerable to political interference; welcomes, in this respect, the proposals for the reform of the prosecutorial system and underlines that the opinion of the Venice Commission should be fully taken into account in their implementation; emphasises that this is of the utmost importance to ensure the irreversible political independence and integrity of the judiciary and to improve the accountability and transparency of Kosovo's judicial system;

17.

Encourages Kosovo to step up efforts to increase law enforcement agencies’ capacities, enforce assets declarations and confiscate criminal assets; notes, in this context, the proposal for a new agency on civil confiscation of assets and reiterates the necessity of fully taking the Venice Commission’s opinion into account before proceeding with the legislation;

18.

Takes note of the government’s plans for the vetting of judges and prosecutors, and underlines the importance of the Venice Commission’s opinion; stresses that vetting should be used as a last resort and insists that the EU and the US reservations about a possible paralysis of the justice system should not be disregarded; strongly encourages Kosovar authorities to make full use of already existing mechanisms and instruments to immediately improve the independence, professionalism, effectiveness and integrity of the country’s justice system; welcomes the cooperation of Kosovar authorities with the EU in this regard;

19.

Regrets that, despite the EU’s repeated calls for a fair, transparent and merit-based selection of the Chief State Prosecutor, the Kosovo Prosecutorial Council disregarded these principles when concluding the selection process;

20.

Welcomes the efforts to depoliticise and professionalise Kosovo’s civil service and public administration, and calls on Kosovo to step up its reforms of the public administration and public finances in a progressive and proportionate manner; reiterates the importance of a sound, depoliticised and citizen-oriented public administration appointed through a competitive, merit-based, transparent and fair process; welcomes the progress on the establishment of the National Centralised Criminal Records Registry, supported by the EU, and calls on Kosovo to address the remaining challenges;

21.

Welcomes the Assembly of Kosovo’s long overdue adoption of the laws on political party financing and the disclosure of assets and calls for their rigorous implementation; deplores the Srpska Lista representatives’ continued boycotts of the Presidency of the Assembly of Kosovo and the high absenteeism of deputies in the Assembly sessions, leading to blockages of some agenda points; welcomes the first-reading adoption of the new Regulation of the Assembly introducing financial sanctions against parliamentarians who do not justify their absence and calls for its speedy final adoption and implementation;

22.

Commends Kosovo’s vibrant and constructive civil society for its work and engagement; encourages the government to establish cooperative working relations with them, based on mutual trust, while respecting their independence, and to ensure their meaningful involvement in the respective reform projects, in particular for key legislation;

23.

Urges the government to address concerns appropriately and implement the 2016 ruling of the Constitutional Court granting parcels of land to the Visoki Dečani Monastery; is concerned that the authorities have still not implemented this court decision, thereby undermining the government’s commitment to enforcing the rule of law and its respect for an independent judiciary, as well as the country’s international reputation; underlines the importance of implementing all Constitutional Court decisions; calls on the government to apply a non-selective approach to the concept of rule of law;

24.

Commends the work of the European Rule of Law Mission in Kosovo (EULEX), which has been assisting Kosovar authorities in establishing sustainable and independent rule of law institutions; welcomes the prolongation of the EULEX mandate, as well as the recent deployment of a temporary unit to strengthen the capacities of the EULEX Formed Police Unit; encourages Kosovo to continue its cooperation with EULEX and with the Specialist Chambers and the Specialist Prosecutor’s Office, as an important demonstration of its commitment to the rule of law;

25.

Welcomes the working arrangement between the Kosovo Police and Europol of July 2020, which will constitute the basis for enhanced cooperation in fighting organised crime, terrorism and extremism, and calls on Kosovar authorities to make full use of this potential; underlines, in this context, that Interpol is an important instrument in the fight against organised crime; regrets that Kosovo is not yet a member of Interpol, despite its multiple attempts to join and calls for Kosovo’s inclusion in Interpol and on the EU Member States to proactively support Kosovo's bid to join this organisation;

26.

Urges the Commission to implement the recommendations of the European Court of Auditors Special Report 01/2022, in order to ensure an effective rule-of-law impact of EU financial assistance in the Western Balkans, in particular by developing guidelines on the application of IPA III provisions on modulation and stricter parliamentary scrutiny over the funds; calls on the Commission to link funding more closely to progress on the rule of law, to increase support to civil society organisations (CSOs) and independent media outlets, and to improve project reporting and monitoring, as repeatedly called for by Parliament; calls in this respect for better coordination of rule of law programmes supported by international donors to be ensured;

27.

Calls for the EU and the Western Balkan countries to establish a framework for fruitful cooperation between the European Public Prosecutor’s Office (EPPO) and the Western Balkan countries, in order to ensure that the EPPO can effectively exert its competences in the area of EU funds, in particular IPA III funds;

Respect for fundamental freedoms and human rights

28.

Notes that Kosovo’s legal and institutional framework broadly guarantees the protection of human, minority and fundamental rights, but that implementation is key; calls on Kosovo to better integrate children with disabilities into educational institutions; stresses that more effort is required to provide children with disabilities access to quality education;

29.

Regrets the Kosovo Assembly’s failure to adopt the draft Civil Code at the first reading, and calls for its adoption once the Civil Code is again submitted to the plenary, which would bring much-needed progress for Kosovo citizens, in particular in improving the conditions of the most vulnerable parts of Kosovo society, especially women, children and LGBTI+ persons, and would have a positive impact on the economic development of Kosovo; expresses its support for the inclusion of same-sex partnerships in the legislation, in line with the Kosovo constitution;

30.

Is concerned that while legislation and policies for LGBTI+ persons have progressed, implementation is lacking; condemns all discriminatory and degrading speech against the LGBTI+ community, including by some high-level politicians; calls, in this regard, for the Kosovar leadership to more publicly promote fundamental human rights for all citizens, including LGBTI+ people;

31.

Regrets the fact that the initiatives to involve the Serb community in Kosovo’s political, social and economic structures are only very limited; calls on the Kosovo Government and the representatives of Kosovo Serbs to fulfil their promise to commit to the internal dialogue and genuinely engage with independent civil society organisations in Serbian communities, in particular in the north, with the aim of successfully integrating them; calls on the EU to further facilitate and support inter-community programmes; welcomes the Kosovar authorities’ efforts to fight racism and address inter-ethnic incidents;

32.

Reiterates that the institutionalisation of the learning of official languages in Kosovo and equal access to services and information in the official languages are essential; welcomes, in this respect, the establishment of the Department of Balkan Studies at the University of Pristina and the decision to open a language centre for learning Kosovo’s official languages;

33.

Reiterates its call for greater inclusion of persons belonging to minorities, including the Roma, Ashkali, Egyptian, Bosniak, Turkish and Gorani communities, as well as persons with disabilities and displaced persons, by providing them with access to adequate healthcare, social protection, education, justice, housing, employment opportunities and other social and public services, and by ensuring their access to political and social decision-making, while efficiently tackling the intersectional forms of discrimination that these groups face through a systemic institutional approach; urges greater efforts to fight anti-Gypsyism; encourages the government to accelerate work on a new 2021-2026 strategy and action plan for the inclusion of the Roma, Ashkali and Egyptian communities in Kosovo;

34.

Calls for the urgent revision of high school textbooks, which provide misinformation and use discriminatory language and descriptions for ethnic minorities, sexual minorities and women; encourages government authorities to pursue the EU supported initiative ‘European Union Support to Basic and Secondary Education’, which was started in late 2021 and aims to update these textbooks;

35.

Commends Kosovo for the peaceful co-existence of religious communities and calls for it to intensify its efforts in providing minority groups with equal opportunities, adequate representation in political and cultural life and the protection and promotion of the cultural heritage, languages and traditions of its national and religious minorities; welcomes the Government of Kosovo’s initiative to regularly consult and meet with all communities living in Kosovo as part of internal dialogue and welcomes the creation of the new government position of Deputy Prime Minister for Minority Issues and Human Rights;

36.

Acknowledges that Kosovo’s constitution is very progressive in terms of minority rights; notes, in that respect, that the petition signed by nearly 500 people who have historically self-identified as Bulgarian, which was registered at the Assembly of Kosovo in May 2018, has still not been considered and recommends that those rights be enshrined in law and ensured in practice;

37.

Underlines that the free media are one of the essential pillars of democracy and that journalists must be protected from political pressure; condemns the political pressure to which they are subjected and the use of strategic lawsuits against public participation to intimidate them, which also leads to self-censorship; stresses that the use of defamatory language against journalists is unacceptable; warns against any statements stigmatising media, in particular from officials and public figures who should lead by example;

38.

Notes that the media landscape has been distorted in recent years, with large-scale investments leading to increased private sector influence over major media outlets and online media being frequently used for commercial and political blackmail; reiterates the need to guarantee media transparency, including on media ownership; welcomes the appointment of the new board of public broadcaster RTK through a transparent and merit-based process; calls for the finding of a sustainable solution to secure RTK’s editorial independence;

39.

Is deeply concerned about the continuing high level of domestic and gender-based violence, as well as violence against children, in Kosovo, the number of femicide cases and the unsatisfactory performance of the judiciary in efficiently prosecuting femicide and gender-based violence cases; calls for the effective implementation of the national strategy against domestic and gender-based violence; underlines that education is key in order to fight gender-based discrimination; highlights the need to ensure the proper functioning of the system of protection, prevention and adjudication of all forms of gender-based violence, including through an increase in the number of gender-sensitive law enforcement agents and judges, support to women’s shelters, legal aid to victims and public awareness raising campaigns;

40.

Welcomes the adoption of the national strategy on protection against domestic violence and violence against women, the draft law on crime victim compensation and the adoption of the revisions on free legal aid, which guarantees free legal aid to victims of domestic violence, gender-based violence and sexual violence; welcomes Kosovo's efforts to improve overall coordination on gender equality, but calls for Kosovo to make further progress in achieving gender equality and advancing women’s rights, including by prioritising gender mainstreaming and increased cooperation with civil society, in particular women’s organisations;

41.

Is highly alarmed that the EU accession countries in the Western Balkans are being hit particularly hard by foreign interference and disinformation campaigns originating from Russia and China; is alarmed that Hungary and Serbia are helping China and Russia with their geopolitical objectives; condemns, in particular, the long running disinformation campaigns by Russia’s state-owned Serbian-language outlet Sputnik Serbia, which regularly spreads misinformation to sow ethnic tensions, attempt to delegitimise Kosovo’s statehood, destabilise its governance and undermine Kosovo’s relations with the EU;

42.

Recommends convening dialogues with Western Balkan civil society and the private sector to coordinate anti-disinformation efforts in the region, with an emphasis on research and analysis and the inclusion of regional expertise; calls on the Commission to build up the infrastructure required to produce evidence-based responses to both short-term and long-term disinformation threats in the Western Balkans; calls on the European External Action Service (EEAS) to pivot to a more proactive stance, focusing on building the EU’s credibility in the region, rather than defending it, and on expanding monitoring by the EEAS Strategic Communications Task Force (StratCom) to focus on cross-border disinformation threats emanating from Western Balkan countries and their neighbours;

43.

Calls, against this backdrop, for the EU to urgently strengthen its support for and cooperation with Kosovo in addressing disinformation and fighting malign hybrid activities that seek to undermine the EU perspective of the region, in particular those from Russia and China;

Reconciliation and good neighbourly relations

44.

Welcomes Kosovo’s active participation in the regional cooperation mechanisms, including the Common Regional Market (CRM) and the Green Agenda for the Western Balkans; welcomes the various bilateral cooperation agreements between Kosovo and North Macedonia and Albania;

45.

Welcomes the cooperation of the six Western Balkan countries within the CRM; notes that the CRM is creating an integrated market of 18 million people and is highly competitive; calls on the Government of Kosovo to engage constructively in the implementation of the roadmap for the CRM, particularly as regards unresolved negotiations on four agreements on mobility and diploma recognition;

46.

Emphasises that all regional economic cooperation in the Western Balkans should be inclusive and acceptable to all six countries, establishing cooperation on an equal footing, while strengthening further alignment with EU standards and the acquis; expresses, in this context, its cautious view towards the Open Balkan Initiative, which does not encompass all six countries, and expresses its conviction that it should be based on EU rules and bring only positive impacts on the EU integration process;

47.

Reconfirms its unequivocal support for the EU-facilitated Belgrade-Pristina dialogue and commends the work of the EU Special Representative for the Belgrade-Pristina Dialogue, Miroslav Lajčák; reiterates the importance of constructive engagement on the part of the authorities of both Serbia and Kosovo in order to achieve a comprehensive legally binding normalisation agreement, based on mutual recognition, which is crucial for both countries to advance on their respective European paths and will contribute to regional stability and prosperity; expects the EU to more effectively mediate between the parties, with the aim of overcoming the current stalemate and calls for all past Belgrade-Pristina agreements to be respected and fully implemented in good faith and in a timely manner, including the Association/Community of Serb-Majority Municipalities, which is an important part of the full normalisation process in addressing the needs of the Serbian community, but which should not undermine the functioning of Kosovo’s institutions;

48.

Calls on the EEAS to set up a mechanism to monitor and verify the implementation of all the agreements so far reached and to report periodically to the European Parliament about the state of play; calls on EU actors to support Kosovo’s authorities, including by providing concrete security guarantees and opportunities for socioeconomic integration, when working towards the Association/Community of Serb-Majority Municipalities, consistent with Kosovo’s constitution, and as part of a mutual agreement;

49.

Calls for active, constructive and more genuine engagement from the Kosovo representatives in the EU-facilitated dialogue led by the EU Special Representative, seeking a comprehensive, sustainable and legally binding agreement in accordance with international law; reiterates its call to improve the quality of the dialogue process through the participation of women, including in the negotiation team, increased transparency towards the public and meaningful involvement of civil society;

50.

Reiterates its regret that the Mitrovica Bridge has not yet been opened to all traffic, in spite of the completion of the renovation works; underlines that the reopening of the bridge is of the utmost importance for the free movement of citizens and in order to overcome intercommunal divisions and foster the process of reconciliation; calls on the Commission to increase efforts towards the finalisation and full implementation of the EU-funded project; calls on the Serbian and Kosovar authorities to promote people-to-people contacts between local communities in order to strengthen dialogue, including at a non-governmental level;

51.

Regrets the decision of the Government of Kosovo to reject a proposal by international mediators enabling the collection of the ballots of eligible voters to allow them to vote in the territory of Kosovo in the 3 April 2022 Serbian elections, as had been the practice previously, thereby undermining the government’s commitment to protecting the civil and political rights of all its citizens, including members of minority groups;

52.

Calls on both Serbia and Kosovo to step up efforts and the delivery of solutions on the issues of missing persons and justice for war crimes, as well as allowing access to relevant locations where the remains of missing persons are located; calls on the Government of Kosovo to also address these topics as part of the Belgrade-Pristina dialogue and to establish cooperation between Kosovo and Serbia; stresses that the creation of a special post-war crimes court and cooperation with it should be a priority; expresses its deep sympathy to the families of the missing persons and urges the government to pay particular attention to keeping them informed and to apply a more sensitive mode of communication;

53.

Regrets the destabilisation activities on the border in the north of Kosovo in September 2021; strongly condemns Serbia’s show of military threats, and calls on Kosovo and Serbia to address all issues through dialogue; deplores several instances of officials not being allowed to enter the territories of Kosovo or Serbia; calls on both parties to treat all visits in a way that is beneficial to the normalisation process;

54.

Recalls the need to open up Yugoslav secret service (UDBA) and Yugoslav People’s Army secret service (KOS) archives across the region in order to allow communist-era crimes and criminal organisations to be thoroughly investigated and addressed; notes that a transparent handling of the past is a step towards further democratisation, accountability and institutional strength in the Western Balkan region as a whole;

55.

Reiterates its support for the initiative to set up the Regional Commission for Establishing the Facts about War Crimes and Other Gross Violations of Human Rights Committed on the Territory of the former Yugoslavia (RECOM); highlights the importance of the work carried out by the Regional Youth Cooperation Office (RYCO) and welcomes Kosovo’s active participation; welcomes the recent successful start of RYCO's programme of bilateral exchanges between school classes in the Western Balkans; reiterates the need to reach out to young people from the northern municipalities and integrate them in the socioeconomic structures of the country;

56.

Warmly welcomes the fact that Kosovo and Serbia have adopted the Energy Agreements’ Implementation Roadmap, which is an important step forward in the EU-facilitated dialogue with a view to delivering concrete results for all citizens;

57.

Welcomes the start of the implementation of a roaming-free zone in the entire Western Balkans, involving Kosovo, as of 1 July 2021, which is improving connectivity and bringing tangible and concrete benefits to citizens and businesses in the region; urges the Council and the Commission to work with the authorities of the Western Balkan countries in order to eliminate roaming charges between the Western Balkans and the European Union;

58.

Commends cultural and youth initiatives, such as the annual cross-border art festival ‘Mirëdita, Dobar Dan!’, which promotes cooperation between artists and activists in Kosovo and Serbia; encourages Kosovar and Serbian authorities, including at the local level, to further build upon such positive initiatives and use cultural heritage as means of bringing different communities together; encourages the establishment of a multinational and multilingual public broadcaster that would promote peace and reconciliation among Western Balkan countries, following the example of ARTE;

59.

Calls for the EU to further strengthen foreign policy and security cooperation, public diplomacy and international partnerships in order to achieve progress in reconciliation; welcomes the renewed engagement of the EU allies, in particular the appointment of US, UK and German special envoys for the Western Balkans; calls for them to engage in close cooperation and coordination with the EU envoy with a view to strengthening leverage and providing coherent advice and support;

60.

Acknowledges the important contribution of the Kosovo Force (KFOR) and the participating states in building and maintaining a safe and secure environment for all citizens in Kosovo and in facilitating the Euro-Atlantic integration of the Western Balkans; recalls KFOR’s importance to the ongoing development of the Kosovo Security Force by providing advice, training and capacity building;

61.

Calls on the Commission and the EU Office in Kosovo to step up their efforts in enhancing visibility and promoting the role, efforts and benefits of the closer partnership between the EU and Kosovo;

Socioeconomic reforms

62.

Welcomes positive developments in Kosovo’s economic growth; welcomes that Kosovo will also benefit from the EU digital single market, given the great potential of digitalisation for the development of Kosovo’s economy;

63.

Welcomes the steps undertaken by the government aiming to reduce the informal economy; regrets, however, the fact that Kosovo’s large informal economy continues to hinder the development of its private sector; notes the existence of a strategy and a corresponding action plan to address the underlying causes of informality, but calls for more effective implementation; notes the large percentage of personal remittance inflows in Kosovo’s GDP;

64.

Commends Kosovo for its successful management of the COVID-19 pandemic, including the vaccination process; welcomes that Kosovo has only purchased COVID-19 vaccines produced and certified by the EU, UK and the US and that work is progressing for Kosovo to qualify for the European digital COVID certificate;

65.

Welcomes the government’s emergency measures and the creation of 25 000 new jobs through its recovery package; underlines, however, that assistance for the groups most affected by the pandemic was limited; encourages Kosovo to provide well-targeted and temporary pandemic-related fiscal support to vulnerable households and businesses; stresses that the post-pandemic recovery will significantly depend on the authorities’ ability to address structural challenges and on the effective implementation of the economic support packages;

66.

Welcomes the disbursement of a COVID-19 macro-financial assistance package aimed at mitigating economic impacts of the pandemic and preserving macroeconomic stability, as well as the mobilisation of EUR 14,2 billion from IPA III to support Western Balkans partners in meeting the requirements for European Union membership;

67.

Underlines that the implementation of both fundamental and structural reforms remains essential for economic recovery and social development, as efforts to tackle corruption, improve the rule of law, enhance transparency and strengthen institutions and social dialogue will also contribute to attracting foreign direct investments to the country; calls on Kosovo to further align with the EU single market acquis and calls on Kosovo’s authorities and the Commission to further support small and medium-sized enterprises in order to develop a stronger and more resilient economy;

68.

Underlines that the inadequate and unreliable supply of electricity is one of the constraints on Kosovo’s competitiveness and that the lack of energy security gives rise to significant costs for business and represents a major obstacle to attracting high-quality foreign direct investment; urges Kosovo to step up efforts to make use of the potential for energy efficiency;

69.

Urges the authorities to continue their efforts to reform the education system so that it provides students with the skills and knowledge required by the labour market; underlines the necessity of improving the quality and relevance of the education system to increase employment and mitigate skills mismatches; calls on the relevant actors to include persons belonging to minority groups in the design and implementation of employment measures and to provide equal and non-discriminatory state education in minority languages;

70.

Calls for increased efforts to integrate women into the labour market, in particular to address the lack of progress on implementing women’s labour rights, gender stereotyping, gender imbalances and the gender pay gap in the labour market; points to significant gender differences in labour market participation and quality of work, insufficient action on sexual harassment in the workplace, discrimination in legal provisions related to maternity leave and the lack of childcare and pre-school capacity; welcomes the growing number of scholarships for female students in STEM (science, technology, engineering and math) subjects;

71.

Is concerned about continued emigration and demographic decline, which are depriving Kosovo of much-needed highly skilled workers, including healthcare workers, which has a detrimental impact on the healthcare system, and calls on Kosovo to introduce comprehensive socioeconomic measures to address these challenges; welcomes the launch of reforms to improve the capacity of Kosovo’s employment services and the implementation of relevant active labour market policies, including upskilling and on-the-job training;

72.

Reiterates its calls on the Commission to develop a regional strategy to address persistent youth unemployment and increasing emigration by tackling the skills mismatch between the education system and the labour market, improving the quality of teaching and ensuring adequate funding for active labour market measures and vocational training schemes, along with adequate childcare and pre-school education facilities; encourages the extension of the scholarship programme of the College of Europe to also include students from the Western Balkans countries, alongside those from European Neighbourhood countries;

73.

Emphasises the need to invest in digitalisation as a way of minimising the digital divide and ensuring equal access to the internet, including for the most vulnerable groups and people living in rural areas; notes the great potential of Kosovo's youth population and of digitalisation for the development of Kosovo's economy; appreciates that Kosovo's youth population has advanced knowledge in information and communications technology and that Kosovo could therefore become Europe's next Silicon Valley;

74.

Encourages Kosovo to transform its agricultural sector in order to increase local food production and reduce imports of basic food items;

75.

Stresses the need to streamline the social security system and establish a coherent, fair and fiscally affordable compensation system for public employment; welcomes the Government of Kosovo’s intention to deal with the revision of the war veteran pension scheme;

76.

Will closely monitor the agreement on the transfer of convicts from Denmark to serve their sentences in Kosovo correctional centres, which takes effect in 2023; calls for the terms and management of this agreement to be made fully transparent and encourages Kosovo’s competent authorities to address the potential disparity in detention conditions in Kosovar facilities between Danish and Kosovar convicts;

The environment, energy and transport

77.

Underlines the need to tackle climate change in line with the EU’s climate-related ambitions and to speed up the transition to a climate-neutral, resilient, sustainable, circular and resource-efficient economy, as progress in these areas and alignment with EU standards has remained low;

78.

Calls on the government to speed up its work on the 2022-2030 energy strategy, in cooperation with civil society, with a particular focus on a sustainable and affordable energy supply, increased energy efficiency and the further diversification of energy sources in line with the Green Deal Agenda and the Paris Agreement; regrets the continued delay in the publication of the strategy;

79.

Reiterates its concern that the overwhelming majority of Kosovo’s energy is derived from coal and calls for the removal of all non-compliant coal subsidies, the decentralisation of energy production and a transition towards renewables; recognises the need to fully integrate the northern part of Kosovo into the country’s billing system;

80.

Encourages Kosovo to reform and open its energy market, including retail electricity, in order to allow choice for consumers and to break up the existing monopoly in the sector; welcomes the opening of a new district heating plant in Gjakova, financed by EU funds, which is the only plant in Kosovo operating using biomass, and which is expected to reduce pollution in the area by over 90 %;

81.

Expresses its deep concern at the quality of air in most of Kosovo’s urban areas; underlines, in particular, that Kosovo, in recent years, has been in breach of ceilings for air pollutants that pose severe threats to the health of Kosovo citizens; calls on Kosovo to stick to its national emission reduction plan, which complies with the requirements of the Industrial Emissions Directive (9);

82.

Stresses the need for a healthy environment and the protection of water resources and ecosystems, with a particular focus on rivers for the development of agriculture and the strengthening of food and water security; commends the efforts to improve the quality of water basin management and the related permits; welcomes the Kosovo Supreme Court’s verdict suspending the water permit of a hydropower plant in Shtërpca; calls for all dam projects inside protected areas to be stopped, including future Natura 2000 sites (Emerald);

83.

Stresses the need for improvements in waste management, in particular in waste separation and recycling, as well as the need to introduce circular economy measures in order to reduce waste;

84.

Reiterates its call to implement sustainable public transport and mobility policies and address long-standing infrastructure deficiencies; welcomes plans for the modernisation of railways with loans from the European Bank for Reconstruction and Development and EU grants;

85.

Welcomes the adoption of the EUR 3,2 billion Economic and Investment Plan for the Western Balkans and calls on Kosovo to make effective use of it; welcomes the ongoing preparation of five flagship projects on energy, infrastructure and clean water and air, including the Pristina-Merdare section of the ‘Peace Highway’ and the preparation for new investments in the water supply and wastewater treatment;

86.

Welcomes the operations undertaken by Kosovo Police in cooperation with EULEX to disrupt illegal logging throughout Kosovo; encourages the relevant authorities and law enforcement agencies in the north and south of the country to increase their cooperation in order to combat this and other crimes;

o o

87.

(1) OJ L 71, 16.3.2016, p. 3.

(2) OJ L 195, 27.7.2017, p. 3.

(3) OJ L 197, 4.6.2021, p. 114.

(4) OJ L 330, 20.9.2021, p. 1.

(5) OJ C 108, 26.3.2021, p. 877.

(6) OJ C 362, 8.9.2021, p. 129.

(7) OJ C 494, 8.12.2021, p. 149.

(8) Texts adopted, P9_TA(2021)0506.

(9) Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17).

7.2.2023

Official Journal of the European Union

C 47/130

P9_TA(2022)0286

The EU and the defence of multilateralism

European Parliament resolution of 6 July 2022 on the EU and the defence of multilateralism (2020/2114(INI))

(2023/C 47/10)

The European Parliament,

—

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

—	having regard to the joint communication by the High Representative of the Union for Foreign Affairs and Security Policy and the Commission to the European Parliament and the Council on strengthening the EU’s contribution to rules-based multilateralism (JOIN(2021)0003),

—	having regard to the joint communication by the High Representative of the Union for Foreign Affairs and Security Policy and the Commission to the European Parliament, the European Council and the Council entitled ‘A new EU-US agenda for global change’ (JOIN(2020)0022),

—	having regard to the Council conclusions of 12 July 2021 on EU priorities at the UN during the 76th session of the UN General Assembly,

—

having regard to the joint communication by the High Representative of the Union for Foreign Affairs and Security Policy and the Commission of 25 March 2020 on the 2020-2024 EU action plan on human rights and democracy (JOIN(2020)0005), in particular its dedicated chapter 3 on promoting a global system for human rights and democracy and its sub-chapter 3.1 on multilateral cooperation, which operationalises the EU’s commitment to a strong multilateral human rights system,

—	having regard to the revised text of the Political Declaration setting out the framework for the future relationship between the European Union and the United Kingdom as agreed at negotiators’ level on 17 October 2019,

—	having regard to the EU action plan on women, peace and security (WPS) 2019-2024, and the EU gender action plan III (GAP III) of 25 November 2020,

—	having regard to the Council conclusions of 22 February 2021 on EU priorities in UN human rights fora in 2021,

—	having regard to the 2021 report by the UN Secretary-General entitled ‘Our Common Agenda’,

—	having regard to its resolution of 13 June 2013 on the role of the EU in promoting a broader Transatlantic Partnership (1),

—	having regard to its resolution of 17 April 2020 on EU coordinated action to combat the COVID-19 pandemic and its consequences (2),

—	having regard to its recommendation of 9 June 2021 to the Council on the 75th and 76th sessions of the UN General Assembly (3),

—	having regard to the EU Strategy against proliferation of weapons of mass destruction of 10 December 2003 and the Council conclusions on the new lines for action by the European Union in combating the proliferation of weapons of mass destruction and their delivery systems of 17 December 2008,

—	having regard to its recommendation of 21 October 2021 to the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy on EU-Taiwan political relations and cooperation (4),

—	having regard to the Council conclusions of 24 January 2022 on the UN-EU strategic partnership on peace operations and crisis management to the next level: Priorities for 2022-2024,

—	having regard to the Paris Agreement to the UN Framework Convention on Climate Change, adopted on 12 December 2015,

—	having regard to the UN 2030 Agenda for Sustainable Development and the Sustainable Development Goals (SDGs),

—

having regard to the Fourth World Conference on Women, held in Beijing in September 1995, the Declaration and Platform for Action for the empowerment of women adopted in Beijing, and the subsequent outcome documents of the UN Beijing + 5, + 10, + 15 and + 20 special sessions on new actions and initiatives to implement the Beijing Declaration and Platform for Action, adopted on 9 June 2000, 11 March 2005, 2 March 2010 and 9 March 2015 respectively,

—	having regard to the United Nations Global Counter-Terrorism Strategy, adopted by the General Assembly in September 2006, which will soon be updated,

—	having regard to the UN Resolution 1325 (2000) adopted by the UN Security Council on 31 October 2000,

—	having regard to UN General Assembly Resolution 65/276 adopted on 3 May 2011 on the participation of the EU in the work of the UN,

—	having regard to the four joint statements by the EU and the UN at the UN General Assembly in September 2018,

—	having regard to its resolution of 12 September 2018 on Autonomous Weapons Systems (5),

—	having regard to the framework agreement of 29 September 2020 between the European Union and the United Nations for the Provision of Mutual Support in the context of their respective missions and operations in the field,

—	having regard to the its resolution of 1 March 2022 on the Russian aggression against Ukraine (6),

—	having regard to its resolution of 7 April 2022 on the conclusions of the European Council meeting of 24-25 March 2022, including the latest developments of the war against Ukraine and the EU sanctions against Russia and their implementation (7),

—	having regard to Rule 54 of its Rules of Procedure,

—	having regard to the opinion of the Committee on International Trade,

—	having regard to the report of the Committee on Foreign Affairs (A9-0172/2022),

whereas the global order is increasingly unstable, polarised and marred by competing agendas and policy stances and by the growing risk of regulatory fragmentation and competition on regulatory standards; whereas democracy, human rights and the rule of law are coming under increasing threat in different regions of the world; whereas human rights defenders and civil society activists are facing increasing threats and risks for their legitimate work;

whereas the multilateral order was built to face and tackle the challenges of our time, such as hunger and extreme poverty, inequality, environmental degradation, diseases, economic shocks and the prevention of conflicts; whereas important advances have been made, but in the last decade we have observed backsliding in a number of areas;

C.	whereas there is a need to renew the social contract and rebuild trust;

D.	whereas in September 2015 all countries committed to an ambitious agenda on how to tackle global challenges together, the UN 2030 Agenda for Sustainable Development;

E.	whereas, while multilateralism remains the best organisational system for solving global challenges, it must be recognised that it is struggling to find the path to effective implementation;

whereas the world has entered a new multipolar era with a great potential for turbulence, confrontation and instability characterised by great geopolitical competition involving non-traditional threats and conflicts, such as hybrid and cyber-attacks, hybrid warfare and disinformation, which often happen away from the public eye, but have significant implications for EU and global security, and which we do not have proper tools to counter and react to; whereas there is a risk of a gap between current global challenges and the current multilateral system’s capacity to deliver effective and inclusive solutions;

whereas at the same time the global order is increasingly confronted with policy issues and challenges that require action at international level, including effective global policy dialogue, cooperation and convergence of positions, in order to devise sustainable solutions that can deliver results, coordinated action and common standards within a rules-based order that can deliver effectively in the interests of all and promote human rights and the rule of law; whereas these standards should contribute to international peace, stability and sustainable development; whereas the EU stands behind international laws and norms;

H.	whereas the world has become more interconnected, rendering actors on the international stage more interdependent and challenges more complex; whereas the resulting multi-level problems require collective action, flexible structures and the inclusion of all stakeholders;

I.	whereas the present multilateral order stems from the post-1945 global order, not necessarily fully reflecting today’s world, given that not all current global actors were properly taken into account in the design of the multilateral architecture;

J.	whereas global arms control, disarmament and non-proliferation policies and norms are being abandoned and weakened at a time when conventional arms sales are rising, the level of autonomy of weapon systems is increasing, and investments in new weapons of mass destruction are being made;

whereas multilateralism, as a peaceful means of organising relations among sovereign states, is increasingly being challenged, in part because of changes in the international system, such as the emergence of new actors on the global stage and hybrid threats emanating from them, the tensions derived from the nature of multilateral institutions and the need to overhaul decades-old institutions, the growing gap between public opinion and institutions, the rise of anti-globalisation sentiments, the decline of traditionally dominant geopolitical powers and the subsequent decline of global freedoms and democracy; whereas the COVID-19 pandemic and its unprecedented impact on the international community have both reinforced and accelerated these changes; whereas we are on the cusp of a new era that threatens to undermine more than 70 years of progress and relative peace and consolidate an era of strongman politics striving to undermine the international rules-based order based on international law and the rule of law, responsibility, democracy and human rights, gender equality and diversity; whereas the combination of national populist impulses, divergent and changing objectives and a lack of implementation and accountability methods is forcing the multilateral system to face three connected crises: a crisis of power, of relevance and of legitimacy, which are a result of a lack of political will and coordination, mostly in the West;

whereas the crisis of multilateralism can be an opportunity to rebuild consensus on an international order based on multilateralism and the rule of law through efficient cooperation, solidarity and coordination; whereas the EU should support initiatives aimed at incorporating the views of civil society in the decision-making processes in multilateral fora such as the UN; whereas the EU should advocate for the establishment of a United Nations Parliamentary Assembly (UNPA) within the UN system in order to increase the democratic character, democratic accountability and transparency of global governance;

whereas multilateralism is in need of swift revitalisation in order to tackle this multidimensional and multifaceted crisis; whereas threats to peace and security, fundamental freedoms and democracy, climate change, biodiversity loss, environmental degradation, disaster risk management, global public health challenges, increasing protectionism, disinformation, foreign interference, gender equality, sustainable development and the deepening of poverty and inequalities at the global level are some of the pressing challenges that the world is facing right now; whereas only through a reinforced multilateral order and political leadership will the international community be able to find lasting and sustainable answers to these and future challenges;

whereas in order to revitalise and defend multilateralism, the EU must help to keep multilateral institutions and international organisations alive and functioning, while seeking deeper cooperation with like-minded partners in order to fight for its values and interests; whereas these coalitions will change on the basis of issues and should not undermine existing institutions; whereas the EU should strive to build open coalitions rather than exclusive clubs; whereas the EU needs to find new ways to engage with countries from the Global South and to do this on an equal footing with them, as equal partners;

whereas climate change and the COVID-19 pandemic have shown the global importance and policy primacy of global public goods, such as, inter alia, access to health, clean air and water, food and other resources, education, technology and cyberspace in an inclusive, secure and reliable fashion; whereas the COVID-19 pandemic has reminded us of an obvious fact: in the face of a pandemic, our health safety chain is only as strong as the weakest health system; whereas COVID-19 anywhere is a threat to people and economies everywhere; whereas access to global public goods and policy responses seeking to standardise and expand such access across countries and communities requires global cooperation on objectives, minimum common standards and active support for the most vulnerable countries and communities; whereas this requires an effective multilateral agenda focused on global public goods and governance structures that reinforce access to such goods; whereas effective policy dialogue, cooperation and delivery on access to global public goods cannot and must not be decoupled under any circumstances from the promotion and protection of fundamental rights and dignity, as well as the empowerment of all people, in particular the most vulnerable; whereas the COVID-19 pandemic has demonstrated the importance of the work of the WHO and the WHO’s capacity to manage the response to the pandemic rapidly and effectively, while also bringing to light concerns such as attempted interference and manipulation of its actions to this end;

P.	whereas terrorism continues to be one of the most serious threats to peace and international security;

whereas the growing assertiveness of authoritarian and totalitarian regimes and illiberal governments in multilateral fora and international organisations, including through attempts to weaken and rewrite international norms, and their strong involvement in the management and decision-making processes of relevant international organisations and multilateral fora can lead to asymmetric, less effective and biased policy responses, eliminate the level playing field for all members of the international community, and to much weaker international community commitment to the defence and advancement of universal values and universal rights; whereas individual agendas, unilateral actions and a lack of engagement and support for multilateral solutions can further undermine multilateralism as an essential organising principle for tackling transnational challenges; whereas, in this context, it is essential to reaffirm the value of rules-based governance, international cooperation, a commitment to fundamental rights and a true level playing field for all members of the international community; whereas relevant international organisations and multilateral fora will be key to achieving these objectives; whereas these objectives will not only allow a more effective positive policy impact on global challenges, but will also curb and prevent the risk of conflict;

whereas the EU should more than ever invest in strengthening multilateral organisations as one of the priorities of its common foreign and security policy (CFSP) and common security and defence policy (CSDP); whereas the EU Strategic Compass attaches great importance to international and multilateral partnerships as one of the basic pillars of its CSDP;

S.	whereas multilateral cooperation among like-minded partners in dealing with malicious foreign interference is needed;

whereas the UN Secretary-General’s report entitled ‘Our Common Agenda’, which was presented to the UN General Assembly in September 2021 and welcomed by the General Assembly in November 2021 and drafted through a wide-ranging consultation process including UN member states, thought leaders, young people, civil society, relevant stakeholders and citizens, as well as the UN system and its many partners, attests to the need for a more effective, inclusive rules-based and networked multilateralism for the future; whereas this will be essential for the UN system and other multilateral fora in order to continue being an effective forum for global consultation and decision-making; whereas, in this context, the EU is uniquely positioned to support the UN and other relevant international organisations in pursuing a process of reform and in revitalising their delivery capacity and their ability to connect to relevant stakeholders, such as young people or the communities most impacted by climate change, including at local and regional level; whereas in doing so the EU should seize the opportunity to engage constructively and effectively with rival powers, while maintaining a firm stance on fundamental rights and freedoms, promote a social and political model rooted in universal values and pursue closer cooperation and coordination with like-minded countries to reinforce the primacy of universal values and fundamental rights and to advance effective solutions to global challenges; whereas parliamentary diplomacy will be a key component of reinforcing rules-based, inclusive, networked and effective multilateralism;

U.	whereas the EU and its Member States remain fully committed to multilateralism, global governance, the promotion of UN core values as an integral part of the EU’s external policy, and the three pillars of the UN system: human rights, peace and security, and development;

whereas the EU and the UN continue to work closely in over 170 countries to improve the protection of human rights for all, reduce hunger and malnutrition, prevent and overcome crises, build democratic and inclusive societies, deliver essential services, promote green growth and decent jobs, and ensure the sustainable management of natural resources;

W.	whereas Parliament's role and tools in the area of parliamentary diplomacy, mediation and dialogue can contribute actively to strengthening multilateralism;

whereas the new ‘Global Europe — Neighbourhood, Development and International Cooperation Instrument’ (Global Europe financial instrument), combined with the ‘Team Europe’ approach and the Global Gateway Strategy, confers on the EU and its Member States an ability to pool resources in a synergic way and to better coordinate assistance and create positive impacts in the external action of the EU, also through multilateral fora, taking into account the needs of partner countries, including through continued and strengthened cooperation with the UN on the ground; whereas the EU should give priority to providing aid to countries with a record of good governance and commitment to democratic principles and human rights; whereas the new Global Europe financial instrument provides for high-level political dialogue between the Commission, the European External Action Service (EEAS) and Parliament on programming priorities with the opportunity for Parliament to reconnect this policy and programming dialogue to its political outreach and consultations with third countries, thus reinforcing the ability of the EU to assist and positively impact relevant third countries through its parliamentary diplomacy activities and outreach;

whereas if the EU is to speak with one voice, substantial changes must be made to the decision-making process for foreign affairs; whereas unanimous decision-making only hinders the EU’s ability to engage as a strong player on the international stage, whereas the EEAS and the Member States should agree to qualified majority voting on foreign policy matters, as it is a more effective form of decision-making;

Rebuilding a multilateralism enshrined in core EU values

Welcomes the joint communication by the Commission and the VP/HR to Parliament and the Council on strengthening the EU’s contribution to rules-based multilateralism; considers that this communication contributes very directly to and further advances the reflection on the direction of the EU’s foreign policy from its important, but more general commitment to effective multilateralism as defined in the 2003 European security strategy to the realisation of the need to combine the value and objective of effective multilateralism with principled pragmatism and the need to promote and preserve the EU’s interests and values, as laid out in the 2016 global strategy for the EU’s foreign and security policy; recalls that the best strategy for defending multilateralism is to rebuild it by making it more relevant, resilient, and effective;

Supports the joint communication’s statement that ‘the Council needs to use Treaty provisions that allow for constructive abstention and for the adoption of decisions by qualified majority voting in Common Foreign and Security Policy’; stresses the need to anchor qualified majority voting in foreign policy matters in future EU treaty changes, which would allow the EU to become a more effective global actor;

Concurs with the Commission and the VP/HR on the need for the EU to be more assertive in pursuing its interests and in advancing the universal values on which it is founded and, therefore, concurs on the need for the EU to defend and strengthen these values, the rules-based order and multilateralism as means to ensuring a level playing field for the international community, providing a platform for inclusive policy dialogue, cooperation and convergence and achieving policy responses supported by the international community at large and which can truly deliver;

Highlights that it is of paramount importance for the EU to strengthen its external action and diplomacy toolbox with its own autonomous instruments, increasing its capacity to be a global actor and ‘speak with one voice’ in order to better defend multilateralism, which should include the creation of a European Diplomatic Academy as recently called for by Parliament; reiterates its call to include the ‘New European Bauhaus’ as a new instrument in the EU’s external action toolbox and as a useful cultural and public diplomatic tool, which is fundamental for promoting a values-based multilateral order and the strengthening of international partnerships;

Points to the EU’s ability to devise very efficient and inclusive regulatory standards for its single market and takes the view that the EU should also seek to promote such standards in the framework of its external action as a paradigm and contribution to the discussion on effective global regulatory standards; recalls Article 24 of the Treaty on European Union (TEU), which states that the ‘Member States shall support the Union’s external and security policy actively and unreservedly in a spirit of loyalty and mutual solidarity’, and that they ‘shall refrain from any action which is contrary to the interests of the Union or likely to impair its effectiveness as a cohesive force in international relations’; is concerned by the activities of some Member States, such as undertaking bilateral diplomatic initiatives with third countries, which may run counter to the provisions of Article 24 TEU;

Believes that the EU must continue to act as a staunch and key defender of multilateralism in the world and avoid actions that undermine these objectives; concludes, however, that the EU must respond to global forces, such as increased fragmentation, the weaponisation of trade and protectionism, in order to preserve its competitive advantages;

Takes the views that the EU should use the efforts to find solutions for global problems, such as climate change, or to promote stability and peace, as an entry point for more broader diplomatic relations with third countries with which dialogue and cooperation on other policy items may not always be immediately feasible;

Calls on the EU to become more assertive and strategic in dealing with rising global threats; underlines that in the context of a rapidly shifting geopolitical landscape, the world is at a crossroads and multilateral institutions are in danger of becoming dominated by non-democratic regimes; calls for a strong, action-based, commitment to protecting democracy and fundamental rights in multilateral fora;

Recalls that the EU is merely an observer to almost all international organisations and multilateral fora, and that this situation reflects neither the extent of the EU’s competences nor the growing importance of supranational regional organisations in global decision-making; believes that the EU’s effectiveness on the global stage is closely interlinked with its status in multilateral fora and organisations; therefore calls on the Member States to muster the political will to strengthen the EU’s position in multilateral organisations and fora, and to garner support from third countries for such a status change, so that the EU can truly live up to its commitment to defend multilateralism in an effective way;

Strengthening the United Nations and the European Union’s participation in its system

10.

Reiterates its strongest support for the programme of reforms introduced by UN Secretary-General António Guterres, and points to the need for further progress, especially regarding the inclusion of women, young people and persons in a vulnerable situation, as well as on raising awareness on intersectionality in UN structures; stresses the importance of a UN system that can continue to deliver effectively; points to the value of the ‘One UN’ vision of the UN Secretary-General for the UN system, where the various agencies and components of the UN can truly be interlinked and function together on the basis of a single budgetary and managerial structure and can reinforce the attainment of the UN’s objectives; points, in particular, to the enhanced role of the UN Resident Coordinators provided for by the reform of the UN development system and considers that these UN Resident Coordinators, currently operating in more than 130 countries, should not only take the lead in coordinating the implementation of UN programmes on the ground to reinforce the unity of UN action, but should also liaise and consult closely with EU delegations in the relevant UN member state to pursue synergies and mutual reinforcement with the EU’s thematic and geographic programmes for that country;

11.

Reaffirms that the EU and the UN should work closely at headquarters level and in the regions and countries where they deliver assistance to exchange analyses, and align policy and programmatic planning in order to maximise their impact on the wellbeing of the people and the planet; recalls that the EU can greatly reinforce the outreach and impact of UN programmes in third countries and can define its own programming and assistance in a synergic way that also reinforces their impact in line with the objectives of the UN; stresses, therefore, the value of close EU-UN consultation and cooperation, and invites the Commission, the EEAS and EU delegations in third countries to actively reach out and consult with the UN on UN policy and programming activities for 2021-2027 and beyond; invites the UN to regularly consult the EU at UN headquarters, but also on the ground in third countries;

12.

Takes the view that the EU and the UN should hold annual summits with the possibility for the UN Secretary-General to confer with Council, Commission, EEAS and Parliament; calls on the UN to ensure a steady presence of high-level UN interlocutors in Parliament to further a structured and consistent policy dialogue and give enhanced visibility to UN efforts; highlights the need to improve the political functioning of the UN, calling for a stronger interface between UN and regional organisations as underlined by UN Secretary-General Guterres; highlights the need to strengthen the coordination of UN Agencies with international financial institutions through the UN Economic and Social Council (ECOSOC); supports UN Secretary-General Guterres’s proposals to give young people and civil society stronger voices within the UN system;

13.

Highlights that in order for the EU to become a more effective global partner able to defend the multilateral order, the EU’s ability to act robustly and promptly as a reliable security provider must be enhanced; calls, therefore, on the Council and the Commission to thoroughly assess, explore and develop options for setting up standing multinational military units, which would be permanently stationed and train together;

14.

Calls on the UN Secretary-General to intensify his efforts in the implementation of the UN Strategy on Gender Parity as an essential tool to ensure the equal representation of women in the UN system at all hierarchical levels; recalls that since the creation of the UN in 1945, no woman has been appointed UN Secretary-General; points to the general need for equitable representation of women and marginalised groups, as well as for increased diversity within international organisations; strongly supports the Youth, Peace and Security Agenda and its objective of giving youth a greater voice in decision-making at the local, national, regional and international levels;

15.

Takes the view that the EU should identify the UN bodies and other multilateral organisations that are key to promoting policy dialogue, convergence and policy solutions to global challenges and standard-setting; and should define clear objectives and clear priorities for dialogue with and support, including budgetary support, to such bodies and organisations; recalls, in this regard, that the EU and its Member States are already the leading financial contributors to the UN and many of its agencies and programmes, but that this commitment to and support for the UN does not always translate into a stronger impact by the EU, its Member States and like-minded partners in key UN agency positions or in multilateral fora, which is particularly worrying at a time of growing assertiveness of non-democratic regimes, such as Russia, in such fora;

16.

Points to the increased geopolitical importance of standards, especially in technology, and urges the EU to act strategically in order to become a standard-setting superpower in multilateral fora;

17.

Calls on the EU and its Member States as well as like-minded partners to further improve their coordination when it comes to establishing joint support for candidacies for leadership positions in multilateral fora; points to the need to coordinate with like-minded partners in other world regions and in the light of the importance of the principle of the equitable geographical distribution of leadership positions keep a strong focus on democratic values;

18.

Emphasises in this regard the key role that the Organization for Security and Co-operation in Europe (OSCE)is playing as a pillar of European security and calls for the comprehensive security approach of the organisation to be further strengthened;

19.

Calls on the EU to work with and within the UN, regional organisations, international fora such as the G7 and G20 and ad hoc coalitions to tackle the global challenges we face now and in the future;

20.

Calls on the Commission and VP/HR to further develop their strategy on multilateralism, including through regularly updated guidelines on how to proceed in different fora, covering issues such as the reform of the UN system and a more central role or formal representation of the EU, and a vision for a new global order that would shape it in a way that could revitalise multilateralism; believes that the EU will need to build alliances with like-minded partners in order to develop multilateral cooperation across a wide range of fora, but that these alliances will not always involve the same actors, while the objective must always be to uphold an effective, rules-based system of global governance;

21.

Reiterates its positions on the Russian war of aggression against Ukraine expressed in previous resolutions;

22.

Condemns in the strongest possible terms the Russian Federation’s war of aggression against Ukraine, as well as the involvement of Belarus in this war, and demands that Russia immediately terminates all military activities in Ukraine and unconditionally withdraws all forces and military equipment from the entire internationally recognised territory of Ukraine; underlines that this military aggression and invasion constitute a serious violation of international law; considers the Russian invasion of Ukraine an attack not only against a sovereign country, but also against the principles and cooperation and security mechanisms in Europe and the rules-based international order, as established by the UN Charter;

23.

Welcomes the suspension of Russia from the UN Human Rights Council (UNHRC); welcomes the decisions by international organisations, including in the area of culture and sports, to suspend Russian participation; calls on EU leaders and the leaders of other states to exclude Russia from the G20 and other multilateral cooperative organisations, such as the World Trade Organization, UNESCO and others, which would be an important sign that the international community will not return to business as usual with this aggressor state;

24.

Underlines that the full and effective implementation of existing sanctions throughout the EU and by the EU’s international allies must be a priority now; calls on the EU to use multilateral fora to ensure the effectiveness of these sanctions;

25.

Calls for an immediate full embargo on Russian imports of oil, coal, nuclear fuel and gas, for Nordstream 1 and 2 to be completely abandoned, and for a plan to continue ensuring the EU’s security of energy supply in the short-term to be presented; calls for the EU to ensure support through multilateral fora to third countries that wish to enact an embargo on Russian energy imports;

26.

Welcomes the ability of the EU and its Member States to work in a coordinated fashion and to present unified positions in the UN system, with particular regard to the UN General Assembly, the UN Security Council and UN HRC; praises, in this regard, the valuable coordination efforts by the EU delegations to the UN in New York and Geneva; believes that this unified, synergic approach should be replicated in every UN body, agency or other international organisation, so that the EU can act and deliver as one across the board in multilateral fora; laments that the Security Council is consistently unable to take decisions and consequently not effective in responding to crises like those in Ukraine, Syria, Ethiopia and Sudan, as it has been in other crises in the past, and that this has had a negative impact on preventing, managing and resolving these crises due to the extensive use of veto rights; emphasises that is indefensible that one state can stop efforts when genocide, crimes against humanity or war crimes are committed;

27.

Urges the UN to appoint its special envoy to Libya, as the position has been vacant since November 2021 and the democratic process in Libya remains at a turning point;

28.

Regrets the fact that in 2022, only two EU Member States will sit on the Security Council; considers that the EU and the Member States should promote reflection on the terms of a reform of the Security Council that can restore its ability to address crises in a timely and effective manner, thoroughly limit the right to veto and change the composition of the Security Council to reflect today’s world better;

29.

Reiterates its view, in this regard, that the EU and its Member States should work towards finding a broad consensus on reforming the Security Council, inter alia, through the provision of a permanent seat for the EU, in addition to the seats already currently held by EU Member States; encourages EU Member States not to compete against each other when it comes to securing a seat on the Security Council;

30.

Expresses concern at the erosion of the current arms control and disarmament system and its legal instruments; supports all efforts to put the arms control and disarmament agenda back on the international agenda, including by reviving the Conference on Disarmament;;calls on the EU and its Member States to review and update the EU Strategy against the proliferation of weapons of mass destruction to take account of the recent geopolitical, technological and legal developments and provide an up-to-date and ambitious basis for the EU’s multilateral engagement for non-proliferation and disarmament; expresses concern at the development of new military technologies, such as artificial intelligence (AI), outer space weaponry, biotechnologies and hypersonic weapons, and actively supports efforts and new initiatives to stop related ongoing armament programmes by some UN member states; supports the work of the UN Disarmament Commission’s Outer Space Working Group on the practical implementation of transparency and confidence-building measures in outer space activities;

31.

Supports the UN Secretary-General’s Action for Peacekeeping initiative based on updating the EU-UN partnership on crisis management and peace operations and exploring opportunities for new partnerships, including EU-UN-African Union and cooperation with other regional organisations; reiterates the crucial role that women play in conflict mediation and peacekeeping missions and recalls their underrepresentation at all levels within the UN, EU and other multilateral organisations and missions;

32.

Calls on the EU and its Member States to improve their ability to share information, consult and coordinate on strategies, policies and positions, including in the governing bodies and boards of multilateral bodies where the EU is not directly represented, starting from the UN Security Council; shares the view of the VP/HR and the Commission that the EU should establish coordination mechanisms in all international institutions, including financial institutions; believes that the same coordination ability should be expanded to the boards of all UN bodies;

33.

Believes that the new Global Europe financial instrument and the ‘Team Europe’ approach to geographic and thematic assistance and programming, as well as the Global Gateway Strategy on connecting infrastructure development, provide a unique opportunity to define a common inter-institutional agenda that duly reflects and values the contributions of the EU Member States in a way that adds value to the multilateral approach to challenges and crises in the world and reinforces the leveraging ability of the EU and its Member States, including in multilateral fora; reaffirms its commitment to a balanced and priority-driven geographical approach in EU’s actions, assistance and programmes launched beyond EU borders;

34.

Warns that attempts by illiberal governments or authoritarian and totalitarian regimes, such as China, to attain and consolidate leverage by financing international organisations raises the issue of financial antagonism in multilateral fora and prompts the need for a reflection both at global and EU level on how to secure the independence and effectiveness of relevant international organisations and multilateral fora by using the full range of tools at the disposal of the EU institutions, including, when necessary and relevant, adequate and sustainable EU funding, as well as financing from other sources; recalls that delays in the payment of assessed contributions by several Member States have extremely negative effects on the work of international organisations, and are thus unacceptable;

35.

Recalls that EU humanitarian aid and development assistance to third countries is very often channelled through the UN system; supports this partnership between the EU and the UN, but calls on the EU to ensure greater visibility of its specific role and contributions within the UN; underlines, in this regard, the importance of carrying out at EU level an in-depth evaluation of both current and planned EU-UN partnerships in order to assess whether there is adequate visibility for the EU’s contribution, value for taxpayers’ money in line with the EU’s values and whether the leadership roles conferred on the EU and its Member States are commensurate with the EU’s strong commitment and dedication to the UN system; calls on the Commission and the EEAS to carry out this review and to confer with Parliament on their findings and on the way forward to ensure that adequate recognition is given to the EU’s contribution, financial apportionment, commitment and dedication to the UN system;

36.

Stresses that the EU’s support to international organisations and presence in multilateral fora should be visible for the citizens in the EU Member States; calls on the VP/HR to launch an EU-wide information campaign on the EU support given to international organisations and its presence, objectives and activities in multilateral fora; calls equally on the Commission, EEAS and the Member States to promote the EU’s active role in multilateral fora and to provide more information about EU contributions and achievements in international organisations, including through common narratives, positions and statements on UN resolutions;

37.

Stresses the need for EU Member States to intensify coordination on UN Funds and Programmes, identifying key objectives and a joint approach for the orientation of Executive Boards; emphasises the importance of ensuring transparency and accountability in the financing and spending of multilateral organisations;

38.

Commends the work of the ‘Alliance for Multilateralism’ as an informal network of countries united in their conviction that a rules-based multilateral order is the only reliable guarantee for international stability and peace, and that our common challenges can only be solved through cooperation;

Rebuilding multilateralism through enhanced global partnerships to pursue common goals

39.

Stresses the need to work towards an effective, results-oriented, values-based and inclusive multilateralism, where governments, civil society, religious actors, the private sector, academia and other relevant stakeholders can effectively work together to serve global values and interests and achieve global goals; acknowledges the importance of reconciling the two critical EU goals of enhancing the EU’s visibility and leverage as a global actor and supporting the role of multilateral fora; recalls the need to address and manage these tensions and to articulate a principled and assertive position between these two goals, in line with the EU’s core values, ideas and interests; points out that despite the apparent tensions between these two critical European goals, they also provide new opportunities, as enhanced EU strategic autonomy can allow the EU to make alliances with its bilateral partners within multilateral negotiations, and also promote and defend multilateral commitments during bilateral negotiations; calls on the EU and Member States to consistently and actively defend multilateralism and relevant multilateral institutions every time they are undermined in any way or form;

40.

Underlines the importance of continued multilateral cooperation on matters of security and defence; highlights the work of the EU-NATO partnership and EU-OSCE cooperation built on common support for the shared core values of democracy, freedom, respect for human rights and human dignity, the rule of law and the promotion of peace and international cooperation while protecting the rules-based international order; calls on the EU Member States and NATO members that have not already done so to join European security and defence initiatives in order to further complement and strengthen joint cooperation;

41.

Emphasises that multilateralism and any reform of the current system should also focus on increased transparency and accountability, as well as engagement with non-state actors, in order to help restore people’s trust in these institutions and to give them greater legitimacy; stresses the need to address the challenges of preventing and combating illicit financial flows and strengthening international cooperation and good practices on assets return and recovery, including by more effective measures to implement existing obligations under the United Nations Convention against Corruption and the United Nations Convention against Transnational Organized Crime; stresses the need to implement effective, inclusive and sustainable measures to prevent and combat corruption within the framework of the 2030 Agenda; stresses that the combating of illicit financial flows must be streamlined at a global level;

42.

Stresses the importance of continuing to reach out to allies and like-minded partners in international organisations and multilateral fora to consolidate a coalition of like-minded countries committed to common values and objectives and to policy dialogue and effective cooperation globally; underlines the need for an agreement on EU-UK foreign policy and security cooperation to be added as an annex to the EU-UK Trade and Cooperation Agreement, which would allow both sides to be able to better confront common global security and foreign policy challenges; stresses that such an agreement would also serve to facilitate cooperation in multilateral organisations, in particular the UN, bearing in mind both sides’ many shared values and interests;

43.

Points to the particular relevance, not only of traditional transatlantic or European partners such as the US and Canada, as well as the UK, the Western Balkans and other countries of the Southern and Eastern Neighbourhood, but also of other like-minded democratic allies in Latin America, the Indo-Pacific, and Africa that can create in partnership a broader area of common values and standards and a commitment to promoting global responses to global challenges as well as a broader international coalition of like-minded partners; underlines, in this regard, the importance of increased dialogue and cooperation with like-minded African countries, and of supporting them in building a future for Africa premised on democracy, inclusion and prosperity, while being mindful of the need to tackle challenges and security threats stemming from climate change, terrorism and organised crime;

44.

Highlights that EU relations with the African Union (AU) and Latin America and the Caribbean have an intrinsic value in themselves and are of crucial importance for a renewed multilateralism; recalls that in their joint statement entitled ‘Africa and Europe: two continents with a joint vision for 2030’, the EU and AU have committed to work together to promote effective multilateralism within the rules-based international order, with the UN at its core, and pledged to work towards more converging positions in multilateral fora to reduce global inequalities, strengthen solidarity, fight climate change and improve delivery on ‘global public goods’, in line with the 2030 Agenda for Sustainable Development and the AU Agenda 2063;

45.

Supports, therefore, efforts by the VP/HR, the Council and the Commission to further strengthen the EU’s partnership with the AU and the Community of Latin American and Caribbean States; points to the importance of furthering convergence of positions at the UN and other multilateral fora between the EU and both accession and partner countries; calls on the EU to expand its ability to assist partner and like-minded countries, including through capacity building, knowledge-sharing, training and twinning, so that they can engage more effectively in the multilateral system, as well as to exchange best practices with them in order to also learn from their experiences; reiterates the importance of reinforcing the existing multilateral fora with like-minded partners, especially the EU-Community of Latin American and Caribbean States summits;

46.

Stresses the need for cooperation between the EU and ASEAN as a means to confront mutual challenges in the Asia-Pacific region; stresses the need to boost the role of regional organisations in the UN system by proposing a yearly summit of heads of regional organisations;

47.

Urges the Commission and the EEAS to suggest new initiatives in order to respond to climate-related security risks while promoting the European Green Deal in international fora; believes that the EU should support ambitious CO2 reduction targets in third countries and stresses the need for climate diplomacy to be put at the core of its external action in order to promote global peace and security;

48.

Supports the EU’s tireless advocacy for and defence of universal human rights and fundamental freedoms, its staunch support for the universalisation of international human rights law, its active support to and use of UN human rights fora to address pressing human rights issues, its steadfast support for strengthening accountability and international justice mechanisms, its fight against impunity and respect for sovereignty and territorial integrity of states; underlines, in this regard, the EU’s support for established and recognised international borders and rejects any attempts to forcefully change them;

49.

Supports the VP/HR and the Commission in their quest to ensure that the UNHRC acts more efficiently, swiftly addresses all human rights issues and country situations effectively, credibly and without bias, and ensures synergies with other multilateral human rights fora;

50.

Calls for human rights bodies to be as impartial as possible and for those bodies to be protected from any interference by states known to have committed human rights violations; insists, therefore, on the need to define clear standards on the respect of human rights, the rule of law and fundamental rights to be met in order to be accepted as a member of the UNHRC, and takes the view that the EU should be more proactive in this regard and support a comprehensive reform of the UNHRC;

51.

Pays tribute to the work of the UN High Commissioner for Human Rights and takes the view that the Office of the United Nations High Commissioner for Human Rights provides unique opportunities to engage in effective dialogue and cooperation on how to streamline and reinforce the delivery capacity of the UN human rights system, including through increased public scrutiny of UNHRC membership, responsibilities and mandatory pledging events at the UN General Assembly with candidates to the UNHRC, as proposed by the VP/HR and the Commission in their joint communication; welcomes the launch on 12 October 2021 of an annual strategic dialogue with the UN;

52.

Notes that the financial resources allocated to the work of the UN Human Rights Commissioner are notably insufficient, with many countries seeking to reduce them, while it has been a long-standing demand of the EU to increase financing for the Office of the High Commissioner for Human Rights; welcomes the EU’s initiatives and activities on human rights in the UN General Assembly’s Third Committee and the UN Security Council, as well as the cooperation between the EU and the UN on multiple thematic and country-based human rights issues;

53.

Calls for creating more synergies between recommendations by the Universal Public Review (UPR) mechanism and Voluntary National Reviews (VNRs) undertaken in the framework of the SDGs, and to link these to the programming of dedicated EU human rights projects; encourages the EU and its Member States to intensify their efforts against authoritarian countries’ attempts to create a counter-narrative in order to change the understanding of human rights by emphasising collective rights over individual rights; calls on the EU to support the work of NGOs and human rights defenders at the UNHRC who are being increasingly pressured and threatened by authoritarian states;

54.

Deplores the abuse of the UNHRC by authoritarian and totalitarian regimes who continue to abuse it for their own ends, in particular, to undermine its functioning and erode the human rights norms regime; calls for the EU and its Member States to support a comprehensive reform of the UNHRC;

55.

Emphasises the urgent need to fully implement and systematically integrate gender mainstreaming and the EU gender action plan III (GAP III) in all the EU’s external action; calls for the EU and the Member States to exercise leadership in the implementation of UN Security Council resolution 1325 (2000) on women, peace and security; underlines that women play a key role in the prevention of conflicts, peace negotiations, peace-building, peace keeping, humanitarian response and post-conflict reconstruction; stresses, therefore, the need for the EU to ensure women’s equal participation and full involvement in all efforts to maintain peace and security while including a gender perspective in all its external action;

Improved involvement of the European Parliament

56.

Recalls that for rules-based, effective, results-oriented and networked multilateralism to flourish, it is important to involve democratically elected parliaments, to ensure broader access to a wide range of stakeholders and expand dialogue and cooperation to non-state entities such as regional governments, municipalities, academia, civil society and the economic sector; supports international initiatives calling for Taiwan's meaningful participation as an observer in meetings, mechanisms and activities of multilateral bodies, including the World Health Organization (WHO), the International Civil Aviation Organization (ICAO), the International Criminal Police Organization (Interpol) and the UN Framework Convention on Climate Change (UNFCCC); recalls that democratically elected parliaments can give visibility to and empower the voices supporting multilateralism as an avenue for effective policy responses for the benefit of all humankind, and can further secure the necessary link between international organisations and multilateral decision-making fora and citizens;

57.

Takes the view that the EU should advocate for the establishment of a body within the UN system in order to increase the democratic character, democratic accountability and transparency of global governance;

58.

Points to the synergic role that Parliament can play in its regular political and policy outreach to the parliaments of the EU Member States and third countries, as this outreach can reinforce and further expand the coalition of like-minded countries in international organisations and multilateral fora and increase its ability to make positive impacts; considers that there should be reflection on the possibility of creating a Parliament delegation to the United Nations, with particular focus on the UN General Assembly and other parliamentary dimensions of international organisations and multilateral fora in order to reinforce parliamentary links and dialogue with the UN system and other relevant multilateral fora and ensure democratic dialogue and strategic discussion at the EU inter-institutional level;

59.

Stresses that the EU should support initiatives aimed at better incorporating the views of civil society in the UN decision-making process; calls for the establishment of new fora within the UN system which would enable civil society to engage in policy dialogue with the UN and for those already existing to be used effectively;

60.

Believes that Parliament’s offices in cities with UN bodies or international organisations that are relevant for the external action of the EU should reach out to and cover the activities of these bodies and organisations with a view to establishing a closer link with the efforts, commitments and visions related to multilateralism of the EU and Parliament; takes the view that there should be reflection on how Parliament can maximise the synergies between inter-parliamentary delegations, committees and Parliament’s services devoted to election observation and democracy support in order to further reinforce the external action of the EU through the activities of these parliamentary bodies; emphasises the importance of the work of the Interparliamentary Union (IPU);

61.

Expresses its support for Parliament’s role in both strengthening parliamentary, capacity building activities, global democracy support and its special role in parliamentary mediation and dialogue through the Jean Monnet Dialogue. among others; underlines the added value of the special role Parliament plays in fostering dialogue and sharing best practices and democratic standards;

62.

Recalls Parliament’s key role as a democratic, convening institution that can provide a unique public forum and a unique perspective to promoting multilateralism; considers that Parliament should continue to regularly invite high-level leaders from relevant international organisations to discuss shared interests and priorities; believes that to reinforce the parliamentary dimension of multilateral fora, Parliament should on an annual basis host on its premises a conference of speakers from G7 and G20 countries; calls for the reinforcement of structured dialogue between Parliament and the UN system; stresses, in this regard, the importance of holding regular meetings to exchange views between the Committee on Foreign Affairs and other relevant committees and the heads of the EU delegations to the UN in New York and Geneva and between these committees and the heads of mission of the EU Member States that are either permanent or rotating members of the UN Security Council; highlights the positive contributions of the annual delegations from the Committee on Foreign Affairs and its subcommittees to the UN headquarters in New York; calls for the formalisation of some of the informal sessions between the EU and the UN Security Council; encourages the setting up of a formal association between Parliament and the UN General Assembly;

Multilateralism as a driver to address urgent global challenges

63.

Highlights the crucial contribution of the multilateral system to addressing climate change; calls for the further enhancement, reinforcement and institutionalisation of current multilateral frameworks that seek to combat climate change, such as the UNFCCC, which has 197 parties including all United Nations member states and, therefore, has almost universal membership, through the establishment of accountability mechanisms and concrete principles to ensure the effectiveness of their mandates; stresses the need to reinforce global action against climate change, as only through collective, immediate and ambitious global action can the world limit the temperature increase to 1,5 degrees centigrade above pre-industrial levels;

64.

Believes that in the fight against global warming industrialised countries should support developing countries in the shift from fossil fuels to green energy by transferring not only funding but also expertise and technology;

65.

Recalls the importance of focusing on implementation at the national level by adopting and implementing nationally determined contributions (NDCs), while at the same time ensuring that the international community is collectively on track to meet the goals of the Paris Agreement at the multilateral level; calls on governments to set ambitious NDCs, without which the 1,5 degree objective will not be met, and calls on them encourage each other to stay on track;

66.

Recalls the importance of working closely with major emitters, climate-vulnerable countries and transatlantic partners to deliver progress on the 2030 target at the 2022 UN Climate Change Conference; calls for continuing multilateral efforts to mobilise finance for the SDGs and climate, including dedicating 50 % of climate finance to adaptation; welcomes efforts by the 2021 UN Climate Change Conference (COP26) to establish definitions for disinformation linked to climate change;

67.

Recalls that violations of environmental rights have a profound impact on a wide variety of human rights, including the rights to life, self-determination, food, water, health, cultural, civil and political rights; stresses that biodiversity and human rights are interlinked and interdependent and recalls the human rights obligations of states to protect biodiversity on which those rights depend, including by providing for the participation of citizens in biodiversity-related decisions and providing access to effective remedies in cases of biodiversity loss and degradation; expresses its support to the nascent normative efforts at international level on environmental crimes; encourages, in this regard, the EU and the Member States to promote the recognition of ecocide as an international crime under the Rome Statute of the International Criminal Court (ICC);

68.

Recalls the key role of multilateral fora in addressing the challenges of the COVID-19 pandemic, and highlights this as an example of their importance in promoting and protecting global public health and universal health coverage; celebrates the development of the COVID-19 Vaccines Global Access (COVAX) initiative, which constitutes an unprecedented exercise in international solidarity, and thanks its donors and contributors, while stressing the need to continue donating and increasing resources, as well as capacity building on vaccine production and distribution, in order to make vaccines and treatments available for free to all countries in away that can actually reach all countries in a timely manner;

69.

Commends the work of the WHO in combating the pandemic through its decisions based on scientific knowledge and evidence, while ensuring independent scrutiny and accountability of the WHO’s management of the COVID-19 pandemic; stresses the need to enhance its mandate and executive capacity, especially with regard to data sharing and resource mobilisation, as well as reform the decision-making process of its Emergency Committee and establish enforcement mechanisms for its decisions and deliberations;

70.

Welcomes the start of work on a new international treaty on pandemics, following the adoption of a decision on 31 May 2021 by all 194 WHO members; urges the EU to work within the framework of multilateral organisations in order to improve global mechanisms to prevent and combat pandemics, drawing on experience gained from the international response to the COVID-19 pandemic;

71.

Calls for strengthened legislative and regulatory frameworks and calls for the promotion of policy coherence for the achievement of effective access to health services, including by enacting legislation and implementing policies that provide greater access to health services, products and vaccines, especially for the most underprivileged;

72.

Calls for international cooperation on mainstreaming a gender perspective on a systems-wide basis when designing, implementing and monitoring health policies, taking into account the specific needs of all women and girls, with a view to achieving gender equality and the empowerment of women in health policies and health systems delivery;

73.

Urges the EU to promote efforts in the UN to combat terrorism by implementing and updating the four pillars of the UN Global Counter-Terrorism Strategy approved by the General Assembly in September 2006;

74.

Calls for specific measures to protect children whose vulnerability might be particularly exacerbated by the COVID-19 pandemic, including with regard to their access to health, education, affordable food, clean water, sanitation facilities and adequate housing; reiterates the negative impact of climate change and environmental harm on the exercise of children’s rights;

75.

Stresses the need for further multilateral action in economic governance, especially with regard to taxation; welcomes the direction indicated in the OECD/G20 Inclusive Framework on base erosion and profit shifting (BEPS) and its latest proposal for establishing a minimum corporate tax rate of 15 % and the future pillar allowing for a fairer reallocation of taxation rights; takes note of the Commission’s proposal for an own resource equivalent to 15 % of the share of the residual profits of the largest and most profitable multinational enterprises that would reallocated to EU Member States under this agreement; encourages the international community to strive for further integration in this area in order to avoid unfair practices and abuses; calls for the broader implementation of international standards and norms in this policy area; recalls the key importance of the World Trade Organization (WTO) in regulating and facilitating world trade;

76.

Notes the need for the EU to work closely with like-minded partners on modernising and equipping the WTO with tools to address the trade challenges of the 21st century, including the digital revolution and the green, fair and sustainable transition; calls on the EU to engage with all WTO members to bring forward a positive agenda for reform and a concrete work plan at the 12th Ministerial Conference; recognises that EU-US cooperation has been the driving force for progress within multilateral trade negotiations;

77.

Stresses the importance of undertaking and supporting initiatives to counter tax evasion, money laundering and corruption; supporting work at UN level on tax issues in order to ensure a voice for developing countries in tax matters; work to accelerate the negotiations on an effective code of conduct to combat international tax evasion through the use of Tax Information Exchange Agreements (TIEAs);

78.

Notes the importance of multilateralism in addressing new challenges and realities such as the loss of biodiversity, cybersecurity, biotechnology, digitalisation, geopolitical activities and governance in the polar regions, AI and emerging threats, such as the technology-enabled spread of fake news, fake science and disinformation; argues that experts, scientists and relevant civil society representatives should be party to multilateral, multi-stakeholder arrangements;

79.

Welcomes the launch of the EU-US Trade and Technology Council (TTC);

80.

Recalls the importance of mainstreaming the principle and objective of gender equality across all policy areas;

81.

Welcomes the efforts of the UN Secretary-General to enhance and coordinate the digitalisation of the United Nations, so that the internet serves the pillars of the UN: peace and security, human rights and development;

82.

Highlights that a renewed multilateralism can have a positive impact in pushing forward the digital transformation, not only as powerful leverage to implement the SDGs, but also because of the urgent need to set basic standards and norms and address its risks and challenges;

83.

Recalls that in the face of an increasingly ambitious, assertive and aggressive China, the EU and its democratic like-minded partners should coordinate in multilateral fora as part of an alliance of tech democracies in order to uphold the rules-based international system, to counter authoritarian coordination aimed at hijacking international fora, and to ensure through standard-setting and global rules that new technologies remain human-centric;

84.

Points out that the digital world should also be treated as a very important new source of taxation;

85.

Insists on the centrality of multilateralism for the effective maintenance of order in outer space and on the need to deepen current initiatives, and launch new ones, to preserve the peaceful uses of outer space; stresses that the use of outer space should be governed by an improved set of international rules and standards and by a system aimed at guaranteeing the long-term, sustainable, responsible and peaceful use of space;

86.

Calls on the EU to pursue a more active role developing international framework for human-centric and trustworthy AI technologies, especially in regards to autonomous weapons systems;

87.

Highlights the importance of a multilateral cooperation between like-minded partners to fight malign and manipulative disinformation spread by state and non-state actors; underlines the importance of the EU taking the global lead in establishing international definitions, norms and principles for tackling these issues, including on foreign interference in elections;

88.

Stresses Parliament’s important role in closely monitoring and supporting the implementation process of the SDG goals and the goals of the Paris Agreement through the preservation of biodiversity, the natural environment and its resources, including by looking not only to monitor progress, but equally to enhance resource allocation and suggest improvements or concrete proposals; highlights the two key-strategic ideas of UN Secretary-General António Guterres’ ‘Our Common Agenda’ proposal, namely the need for a Global New Deal and a New Social Contract; points out that these could be translated into very concrete measures such as a stronger Global Green Fund and a financial support mechanism for highly-indebted countries, provided they implement the SDGs and act against poverty;

89.

Urges the Union to ensure the protection, conservation and defence of Europe's cultural and historical heritage in all multilateral fora such as UNESCO;

90.

Stresses the vital need to tackle gender equality and fight for non-discrimination against and fundamental rights for women, girls and marginalised groups at the global level, including sexual and reproductive health and rights; expects the Commission, the Member States and the EEAS to systematically integrate the EU’s GAP III in all external action, including their engagement at multilateral level and to closely cooperate with partner governments, civil society, the private sector and other key stakeholders; calls on the Commission and EEAS to strengthen synergies with partners to jointly advance gender mainstreaming and successfully reach international gender equality targets; emphasises that the EU should lead the way among the international community in stepping up efforts to eradicate the use of sexual and gender-based violence as a weapon in armed conflict;

91.

Calls for the universal ratification and effective implementation of the International Convention on the Elimination of All Forms of Racial Discrimination; urgently calls for the elimination of all forms of racial discrimination by all appropriate means, including legislation; recognises the paramount role of education and culture in promoting human rights and intersectionally combating racism, racial discrimination, xenophobia and related intolerance, especially in promoting the principles of tolerance, inclusion and respect for ethnic, religious and cultural diversity, and preventing the spread of extremist racist and xenophobic movements and ideas; reaffirms the need to ensure equal protection of the law and equality before the courts, empowerment and full and effective participation in decision-making processes and in political, economic, social and cultural life for indigenous people, including women and girls; calls for strengthened protection of persons with disabilities and attention to those facing intersectional discrimination, especially women and indigenous persons with disabilities;

92.

Asks the EU to increase multilateral cooperation on international justice given the growing number of violations against international human rights and humanitarian law; calls on the EU and its partners to develop and use the tools available in international bodies, such as the UNHRC, UN Special Procedures, UN Special Rapporteurs, OSCE mechanisms, the Council of Europe or international courts, to enhance state and non-state actor compliance with international law and promote the principle of universal jurisdiction to be applied in domestic legal systems; calls on the EU to strengthen the role of the ICC and increase its staffing by providing it with strong diplomatic, political and financial support; asks the Commission, VP/HR and Member States to call on all member states of multilateral institutions who have not yet ratified the Rome Statute to do so;

93.

Calls on the Commission to swiftly conclude the drafting of the corporate diligence framework and work with like-minded partners to tackle gross human rights abuses by authoritarian and totalitarian regimes, and thus secure sustainable and resilient global supply chains in the face of malign influence of authoritarian and totalitarian regimes;

94.

Calls for an international policy to provide protection and support for human rights defenders at risk; condemns the retaliatory measures taken by some governments against civil society organisations, activists and human rights defenders in response to their legitimate interaction with international bodies and calls on the Council and the VP/HR to systematically and vocally respond to every occurrence of this; calls on the EU to support the call for a UN standing investigatory mechanism on crimes against journalists and the adoption of targeted sanctions against those responsible for threatening or ordering acts of violence against journalists in order to end impunity, prevent violence against journalists and promote measures to enhance their safety;

95.

Reiterates its call on the EU to push for stronger multilateral commitments to find sustainable political solutions to current conflicts and ensure that human rights are at the core of conflict prevention and mediation policies; recalls the importance of international peacekeeping and conflict resolution, as well as EU support to relevant missions; stresses the need for clear objectives, a clear capacity of delivery, and effective mechanisms, including the perspectives of women in line with UN Security Council resolution 1325 and all subsequent resolutions; calls for the reform of relevant structures in a way to end impunity of personnel guilty of abuse and sexual violence perpetrated while serving in military operations and civilian missions, as well as of staff in other multilateral agencies, offices and organs, and to establish functioning and transparent oversight and accountability mechanisms;

96.

Stresses that the success of multilateral organisations plays a crucial role in rebuilding public trust in democracy, liberalism, and the importance of rules-based world order;

97.

Underlines that an open, inclusive, rules-based and non-discriminatory multilateral trading system must be a key driver of global trade liberalisation and must lead to advanced economic growth, competitiveness and innovation, job creation, the improvement of living standards, income growth, the promotion of sustainable economic development and the fight against climate change, thereby strengthening prosperity, peace and security in line with SDGs; notes furthermore the role of a multilateral trading system in fostering a predictable trade environment through the development of reciprocal, more transparent and fair trade rules and regulations implemented in a consistent, enforceable and coherent manner; recalls the findings of the report entitled ‘EU exports to the world: effects on employment’ of November 2021, which found that over 38 million jobs in the EU are supported by exports; calls on the Commission to continue its work in communicating these findings and to raise awareness of the benefits and positive aspects of international trade; believes, however, that there is a need to rebuild trust in multilateral institutions in the face of global challenges, in particular as regards the implementation of common initiatives for the provision of global public goods, in a context of shifting world power dynamics; reiterates the role the EU has within this process;

98.

Regrets the growing tendencies towards protectionism and using trade as a tool of coercion that have developed in parts of the global economy, leading to disruptions and geopolitical tensions; recalls that nationalist economic policies that involve violations of established international trade law rules and spur retaliation by trading partners are the antithesis of our globalised trading system; calls for the further strengthening of the EU’s trade enforcement efforts and the development of a toolbox of autonomous trade instruments, such as the anti-coercion instrument, the distortive subsidies instrument and the international procurement instrument, as well as the creation of the post of the Chief Trade Enforcement Officer (CTEO), to respond to these emerging challenges; notes the aim to achieve a reformed and properly functioning multilateral rulebook with an effective and functioning dispute settlement system at its core within the WTO; stresses the need, however, to remain fully engaged in efforts to reform the WTO with a view to increasing its effectiveness, inclusiveness, transparency and legitimacy as the cornerstone of an open, fair and sustainable global economy based on rules, and to deal with the challenges and risks posed by non-market economies; welcomes in this regard the February 2021 Annex to the Trade Policy Review that outlines a comprehensive approach for the modernisation of the WTO; stresses that for the advancement of rules-based global trade, the effective engagement of the EU must be based on a forward-looking approach to trade;

99.

Welcomes the successful conclusion of the 12th Ministerial Conference of the WTO, and reiterates its full support for a rules-based trade system, which should contribute to addressing global challenges and to accompanying the green transition, the digital revolution and the fight against inequality; urges the WTO countries to implement the decisions taken, without delay, and to work towards the reform of the organisation ahead of the 13th Ministerial Conference in order to make the WTO fully operational and fit for purpose; regrets the fact that the 12th Ministerial Conference did not include a gender and trade dimension, and calls for this issue to be made central to the 13th Ministerial Conference;

100.

Stresses that democratic, legitimate, accountable and transparent global governance should feature greater participation of parliamentary bodies, as directly elected parliamentarians can function as a crucial link between citizens and the multilateral system; emphasises the importance of horizontal and coherent multilateralism, as well as of the work of the joint European Parliament and Inter-Parliamentary Union parliamentary conference on the WTO for this purpose; underlines the need to ensure that parliamentarians have better access to trade negotiations and are involved in the formulation of mandates and the implementation of WTO decisions, as well as in negotiations on trade-related matters within other multilateral bodies and institutions; reiterates the need for the EU and all WTO members to enhance their exchanges with stakeholders, including civil society, business organisations and the broader business community; calls on the Commission to deepen its cooperation with all relevant international organisations such as the International Labour Organization, the UN system, the G7, the OECD, the World Bank and the International Monetary Fund, and underlines their role in advancing an open, rules-based trading system;

101.

Welcomes the WTO’s close collaboration with the WHO and other international organisations with the aim of ensuring that trade plays a positive role in addressing the pandemic and the subsequent crisis, and in supporting the recovery of the global economy; stresses that the COVID-19 pandemic has demonstrated that our international institutions have shortcomings; calls on the Commission to explore the lessons learned from the COVID-19 pandemic and to engage with global partners to address these lessons in the agenda for reform; calls for an ambitious initiative in the area of trade and health to be concluded; takes note of the WTO’s ambitions to broaden its mandate in order to acquire greater relevance in the public sphere by means of its increased engagement on issues such as health, sustainability, wealth inequality, gender and women’s empowerment, in line with the SDGs and the Paris Agreement; believes that these will be important steps as part of its reform process, alongside its core functions of establishing multilateral trade rules, reducing trade barriers and providing a means for regulated trade dispute settlement between its members;

102.

Calls on the Council to be bolder in its efforts to conclude free trade agreements with third countries; notes that free trade agreements increase economic interactions and dependencies between countries, and can therefore serve as the precursor to more active and ambitious engagement at multilateral level;

103.

Calls on the Council, the Commission and the VP/HR to take due consideration of this report in defining the EU’s priorities for the 77th UN General Assembly, as well as in other international organisations and multilateral fora;

o o

104.

Instructs its President to forward this resolution to the Council, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the Commission and, for information, to the United Nations General Assembly and the Secretary-General of the United Nations.

(1) OJ C 65, 19.2.2016, p. 120.

(2) OJ C 316, 6.8.2021, p. 2.

(3) OJ C 67, 8.2.2022, p. 150.

(4) OJ C 184, 5.5.2022, p. 170.

(5) OJ C 433, 23.12.2019, p. 86.

(6) Texts adopted, P9_TA(2022)0052.

(7) Texts adopted, P9_TA(2022)0121.

7.2.2023

Official Journal of the European Union

C 47/149

P9_TA(2022)0287

Addressing food security in developing countries

European Parliament resolution of 6 July 2022 on addressing food security in developing countries (2021/2208(INI))

(2023/C 47/11)

The European Parliament,

—	having regard to Article 25 of the Universal Declaration of Human Rights and to Article 11 of the International Covenant on Economic, Social and Cultural Rights, which recognise the right to food as part of the right to an adequate standard of living,

—	having regard to Article 21 of the Treaty on European Union,

—	having regard to Article 208 of the Treaty on the Functioning of the European Union (TFEU), which reaffirms that the Union 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 Article 214 TFEU, which lays out the principles and objectives for EU humanitarian aid operations,

—

having regard to Regulation (EU) 2021/947 of the European Parliament and of the Council of 9 June 2021 establishing the Neighbourhood, Development and International Cooperation Instrument — Global Europe, amending and repealing Decision No 466/2014/EU and repealing Regulation (EU) 2017/1601 and Council Regulation (EC, Euratom) No 480/2009 (1),

—	having regard to Council Regulation (EC) No 1257/96 of 20 June 1996 concerning humanitarian aid (2),

—	having regard to the Commission communications of 31 March 2010 on humanitarian food assistance (COM(2010)0126) and an EU policy framework to assist developing countries in addressing food security challenges (COM(2010)0127),

—	having regard to the Commission communication of 3 October 2012 entitled ‘The EU approach to resilience: learning from food security crises’ (COM(2012)0586),

—	having regard to the Commission communication of 12 March 2013 entitled ‘Enhancing Maternal and Child Nutrition in External Assistance: an EU Policy Framework’ (COM(2013)0141),

—

having regard to the Commission communication of 10 March 2021 on ‘the EU humanitarian action, new challenges and same principles’ (COM(2021)0110), which envisages inter alia key actions to strengthen the humanitarian-development-peace nexus to better link urgent relief and longer-term solutions and the European Parliament resolution of 15 December 2021 on new orientations for the EU’s humanitarian action (3),

—	having regard to the Commission communication of 23 March 2022 entitled ‘Safeguarding food security and reinforcing the resilience of food systems’ (COM(2022)0133),

—	having regard to the EU Action Plan on Gender Equality and Women’s Empowerment in External Action 2021–2025 (GAP III) and the European Parliament’s Resolution on it (4),

—	having regard to the Commission action plan on nutrition of 3 July 2014 aimed at reducing the number of stunted children under five by 7 million by 2025 (SWD(2014)0234) and the sixth progress report of 12 August 2021 thereon (SWD(2021)0229),

—

having regard to its resolutions on food security and nutrition, in particular those of 27 November 2014 on child undernutrition and malnutrition in developing countries (5), of 7 June 2016 on the New Alliance for Food Security and Nutrition (6) and of 5 October 2016 on the next steps towards attaining global goals and EU commitments on nutrition and food security in the world (7),

—	having regard to its resolution of 24 March 2022 on the need for an urgent EU action plan to ensure food security inside and outside the EU in light of the Russian invasion of Ukraine (8),

—	having regard to the Council Conclusions on Food and Nutrition Security in external assistance of 28 May 2013,

—

having regard to the Council conclusions of 26 November 2018 on strengthening global food and nutrition security, of 25 November 2019 on the Fourth Progress Report on the Action Plan on Nutrition, of 20 May 2021 on the EU’s priorities for the 2021 UN Food Systems Summit, and of 14 June 2021 on strengthening Team Europe’s commitment to human development, and of 19 November 2021 on Water in External Action,

—	having regard to the Joint Statement by the Council and the Representatives of the Governments of the Member States meeting within the Council, Parliament and the Commission on the European Consensus on Humanitarian Aid of 2008 (9) and having regard to the 2017 European Consensus on Development,

—

having regard to the six global targets set by the World Health Assembly in 2012 for maternal, infant and young children nutrition by 2025, namely (i) a 40 % reduction in the number of children under five who are stunted, (ii) a 50 % reduction of anaemia in women of reproductive age, (iii) a 30 % reduction in low birth weight, (iv) no increase in childhood overweight, (v) an increase in the rate of exclusive breastfeeding in the first six months of at least 50 % and (vi) a reduction in childhood wasting to less than 5 %,

—

having regard to the State of Food Security and Nutrition in the World Reports, the Global Report on Food Crises and the Global Nutrition Report, including the 2021 editions thereof, the Right to Food Guidelines of the UN Food and Agriculture Organization (FAO), the Voluntary Guidelines on Food Systems and Nutrition of the FAO Committee on World Food Security, the 10 elements of agroecology, guiding the transition to sustainable food and agricultural system (FAO), and the 2014 Framework for Action for Food Security and Nutrition in Protracted Crises,

—	having regard to The State of World Fisheries and Aquaculture 2020 by the Food and Agriculture Organization of the United Nations (FAO) (10),

—	having regard to the sustainable fisheries partnership agreements between the EU and third countries,

—	having regard to the Global Network Against Food Crises, an alliance of humanitarian and development actors working through shared analysis and knowledge for strengthened coordination across the humanitarian, development and peace nexus,

—	having regard to the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) of 13 September 2007 and the UN Declaration on the Rights of Peasants and Other People Working in Rural Areas of 28 September 2018,

—	having regard to the UN General Assembly resolution of 25 September 2015 entitled ‘Transforming our world: the 2030 Agenda for Sustainable Development’,

—

having regard to the UN General Assembly resolution of 1 April 2016 entitled ‘United Nations Decade of Action on Nutrition (2016-2025)’, which aims to trigger intensified action to end hunger and eradicate malnutrition worldwide and ensure universal access to healthier and more sustainable diets for all people, whoever they are and wherever they live,

—

having regard to the UN Sustainable Development Goals (SDGs) and the closely connected and integrated nature thereof, in particular SDG 1 to end poverty in all its forms everywhere, SDG 2 to end hunger, achieve food security and improved nutrition and promote sustainable agriculture, SDG 3 to ensure healthy lives and promote well-being for all at all ages, SDG 5 to achieve gender equality and empower all women and girls, SDG 6 to ensure access to water and sanitation for all, SDG 10 to reduce inequality within and among countries, SDG 12 to ensure sustainable consumption and production patterns, SDG 13 to take urgent action to combat climate change and its impacts and SDG17 to strengthen the means of implementation and revitalise the global partnership for sustainable development,

—	having regard to the 2018 United Nations Security Council resolution 2417 condemning the starving of civilians as a method of warfare as well as the unlawful denial of humanitarian access to civilian populations,

—	having regard to the June 2020 report by the Intergovernmental Platform on Biodiversity and Ecosystem Services (IPBES) and the Intergovernmental Panel on Climate Change (IPCC) (11), which highlights the link between combating climate change and conserving biodiversity,

—	having regard to the CFS Voluntary Guidelines on the responsible governance of tenure of land, fisheries and forests in the context of national food security (2012) and the CFS Principles for Responsible Investment in Agriculture and Food Systems (2015),

—	having regard to the Scaling Up Nutrition Movement and its work to end malnutrition in all its forms through support for government-led initiatives and the priorities of the countries involved, in collaboration with civil society, the UN, donors, businesses and researchers,

—	having regard to the Commission’s EUR 2,5 billion pledge made at the Nutrition for Growth Summit in Tokyo in December 2021 to fight malnutrition over the period 2021-2024 and the EU’s ongoing commitment to reducing stunting in children by at least 7 million by 2025,

—	having regard to the G7 Famine Prevention and Humanitarian Crises Compact endorsed at the G7 Summit in Cornwall on 13 June 2021, whereby G7 members committed to fighting hunger and averting famine through joint actions,

—	having regard to Rule 54 of its Rules of Procedure,

—	having regard to the opinion of the Committee on Agriculture and Rural Development,

—	having regard to the report of the Committee on Development (A9-0195/2022),

A.	whereas moderate or severe food insecurity has been increasing slowly since 2014, with almost one in three people — 2,37 billion — having no access to adequate food in 2020 (12);

whereas the severity and magnitude of food crises has risen since 2020 as a result of conflict, economic shocks and severe weather extremes, or a combination of these drivers, with close to 193 million people acutely food insecure in 2021 and in need of urgent food assistance, the highest number of acutely food insecure people worldwide recorded in the Global Report on Food Crises’ six-year existence; whereas between 720 and 811 million people are facing hunger and five countries were considered to be at risk of famine, including South Sudan, Ethiopia, Madagascar, Nigeria (16 states and Federal Capital Territory) and Yemen (13);

C.	whereas the right to food refers to the dimension of availability, accessibility, adequacy (sufficient quantity and stability of access);

D.	whereas according to the Food and Agricultural Organization (FAO) food security exists when all people, at all times, have physical and economic access to sufficient, safe and nutritious food to meet their dietary needs and food preferences for an active and healthy life (14);

whereas the illegal, unprovoked and unjustifiable Russian war of aggression in Ukraine has further destabilised already fragile agricultural markets and exacerbated the already severe situation caused by COVID-19 and put additional pressure on ongoing food crises and global food security, pushing international food and feed prices well above their already elevated levels; whereas this is likely to increase food insecurity, poverty, social unrest and instability in many developing countries that are highly dependent on Ukrainian and Russian wheat imports as forty percent of wheat and corn exports from Ukraine go to the Middle East and Africa;

whereas, according to FAO, nearly 50 countries depend on Russia and Ukraine for at least 30 percent of their wheat import needs and of these, 26 countries source over 50 percent on their wheat imports from both countries; whereas the World Food Programme was buying nearly half of its global wheat supplies from Ukraine and has pointed out that current food crises in countries such as Afghanistan, Ethiopia, Syria and Yemen will be the most affected;

whereas both Ukraine and Russia are net exporters of agricultural products, and they both play leading supply roles in global markets of foodstuffs and fertilisers, where exportable supplies are often concentrated in a handful of countries; whereas this concentration could expose these markets to increased vulnerability and volatility; whereas Russia is a leading exporter of synthetic nitrogen fertilisers and its components, and Belarus is a significant exporter of potash-based fertilisers; whereas nitrogen fertiliser prices are heavily dependent on natural gas prices, a product for which Russia holds major market positions; whereas many of the developing countries, already prior to the conflict, had been grappling with the negative effects of high international food and fertilizer prices;

H.	whereas the FAO Food Price Index which tracks the international prices of food and feed items has risen to a new all-time high and additional price hikes and food inflation are likely well above their already elevated levels;

whereas according to the FAO, Food Price Index hit high record in February 2022; whereas it states that factors behind food inflation are not limited to crop conditions and export availabilities, but a much bigger push for food price inflation comes from outside food production, particularly the energy, fertilizer and feed sectors;

J.	whereas Africa has the highest prevalence of food insecurity with 60 percent of the population of Africa (799 million people) affected by moderate or severe food insecurity in 2020 (15);

whereas the European Union should pay particular attention to countries facing famine, aggravated by natural disasters, like Madagascar, which was recently hit by violent cyclones and where two out of every five inhabitants are affected by acute food insecurity, especially in the Great South region, where more than 300 000 children are suffering from severe malnutrition;

whereas many small scale farmers in developing countries cannot access healthy, nutritious and sustainable diets given remote locations, low income, and a lack of access to sources of diverse foods; whereas evidence shows that investments in the smallholder sector and regional structures yield the best returns in terms of poverty reduction and growth, consequently highlighting the need to focus the efforts on enhancing incomes of smallholder farmers, and especially women smallholders, and to strengthen the resilience of vulnerable communities;

M.	whereas healthy diets were unaffordable for around 3 billion people in the world in 2020 and whereas obesity is increasing sharply in all regions (16);

whereas malnutrition is an abnormal physiological condition caused by undernutrition as well as overweight and obesity; whereas the health of women and girls is closely linked to the physical and mental health as well as the nutritional status of their future children; whereas undernutrition among pregnant women and mothers increases the risk of complication during pregnancy, maternal mortality and child undernutrition and mortality; whereas an unacceptably large number of children are still affected by malnutrition: of all children under five, 22 % are stunted due to chronic malnutrition, 6,7 % are affected by wasting — a form of acute malnutrition –and 5,7 % are overweight (17) and the actual stunting and wasting figures are expected to be higher due to the effects of the pandemic;

whereas ensuring safe and secure access to water is closely linked to improving food security and nutrition; whereas water scarcity affects more than 40 per cent of the global population with more than 2 billion people not having direct and secure access to safe drinking water worldwide according to the latest United Nations World Report on the Development of Water Resources (2021);

whereas the survival of more than 10 % of the global population depends on fisheries and aquaculture (18), and whereas, according to the UN, more than 3 billion people depend on the oceans for their main sources of protein primarily from fish and seafood; whereas small-scale fisheries account for more than 90 % of the world’s capture fishers and fish workers;

whereas health systems that are not very resilient and strong are being challenged by the regular emergence of epidemics, particularly in their ability to ensure continuity of the most basic care; whereas over the past two years, health system resources have been diverted from a range of nutritionally important functions and essential health services related to undernutrition — including antenatal care, micronutrient supplementation, and prevention and treatment of childhood diarrhoea, infections and acute malnutrition — toward combating COVID-19 and whereas treatment and preventive services for undernutrition remain insufficiently integrated into the essential care packages of national health systems, and equitable access to care services remains insufficient;

R.	whereas chronic poverty, high and persistent levels of inequality and unsustainable food systems together with more frequent natural disasters, linked to climate change in particular, are the underlying causes of food insecurity and malnutrition;

whereas according to the Sixth IPCC Report of 2022 climate change, including increases in frequency and intensity of extremes, reduces food and water security, decreases crop yields, modifies pastures and transhumance paths, and decreases the nutritional value of food, thereby hindering efforts to meet the Agenda 2030 and its Sustainable Development Goals;

whereas climate change further exposes women to risks and vulnerabilities; whereas climate change exacerbates existing challenges, like a sudden loss of food production and access to food, and underlying vulnerabilities, including worsening poverty and food insecurity, forcing communities to face compounding crises; whereas a decreased diet diversity has increased malnutrition in many communities as a consequence, especially for indigenous peoples, small-scale farmers and low-income households, with children, elderly people and pregnant women particularly concerned;

U.	whereas FAO estimates that about 75 % of plant genetic diversity has been lost worldwide; whereas wide-scale genetic erosion increases our vulnerability to climate change and to the appearance of new pests and diseases;

V.	whereas biodiversity and its associated services — pollination, predators of pests, increased resilience of agroecosystems to erosion, droughts and flooding, soil formation and carbon sinking — are essential to provide sustainable food production;

W.	whereas building the resilience of biodiversity and supporting ecosystem integrity can maintain benefits for people, including livelihoods, human health and well-being and the provision of food;

whereas the number of people in need of urgent food, nutrition and livelihood assistance is on the rise (19); whereas the major drivers of food and nutrition insecurity and malnutrition, which are deteriorating, are conflict, climate change and weather extremes, environmental degradation, rising energy prices, limited access to water, economic shocks, chronic poverty and high and persistent levels of inequality, including gender inequality, lack of access to basic social and health services, global population growth, and failed governance, which consequently can lead to the need to migrate;

whereas conflicts disrupt the access to food and to basic social services, which affect stable health, including nutrition services, water, sanitation and hygiene and damage natural resources, infrastructure, production means and livestock; whereas food insecurity can be a source of conflict among affected communities, hence exacerbating existing challenges and tensions linked to scarcity of resources;

whereas COVID-19 has led to the disruption of value chains from production and transportation, to storage and the sale of food, and restrictions on movement have reduced access to markets for farmers and consumers, further inhibiting equitable access to adequate food and nutrition for all and exposing the non-resilience of import-based food systems and the importance of sustainable agri-food systems;

AA.

whereas COVID-19 has led to an increase in poverty in the absence of universal social protection floors; whereas restrictions have impacted daily economic activities that many households depend on, leading to difficulties in accessing healthy and nutritious food, or covering health needs; whereas access to quality health care is in many developing countries extremely limited especially for the most vulnerable and marginalised people;

AB.

whereas inclusive, efficient, resilient and sustainable food systems are crucial to achieving the 2030 Agenda and its Sustainable Development Goals; whereas the COVID-19 pandemic exposed weaknesses in global food systems, exacerbating inequalities and threatening the lives and livelihoods of the most vulnerable; whereas the UN Decade for Action calls for accelerating game changing solutions to address global challenges for people and the planet, from poverty and gender to climate change, inequality and closing the finance gap;

AC.

whereas nutrition is an important issue underlying and driving the achievement of at least 12 of the 17 SDGs and is inextricably linked to other key sustainable development issues, either because it depends on them (i.e. water, sanitation and hygiene, and agriculture), because it enables them (i.e. health, employment), or because it does both (i.e. gender equality, and education);

AD.

whereas the 1994 Marrakech Agreement and in particular the World Trade Organization (WTO) Agreement on Agriculture have contributed to the specialisation of agricultural regions; whereas this specialisation has led to regions with high levels of exports and others that are almost fully dependent on imports: whereas this situation is not resilient to crises, such as wars, and is one of the factors contributing to the current global food instability;

AE.	whereas a high dependency on food imports highly exposes populations to global market volatilities, especially the persons who spend an important share of their income on daily food needs;

AF.	whereas instability of international markets leads to food insecurity in countries that lack strong agricultural policies, as periods of low prices have a negative impact on production capacities and lead to a rise in imports, which makes urban populations vulnerable when global prices are surging;

AG.	whereas agricultural policies are the primary macroeconomic policies and, due to a lack of protection against the extreme volatility of global prices, the damage caused by inflation is devastating for emerging economies;

AH.

whereas food sovereignty is the right of people and countries to define their own agricultural and food policies; whereas this concept aims at enabling each country to feed its own population and to be self-sufficient and autonomous; whereas the Farm to Fork Strategy’s intention to reduce farmers’ dependency on external outputs is in line with this definition;

AI.

whereas the European Green Deal and the Farm to Fork Strategy adopt holistic approaches on agriculture not only to preventing a climatic and biodiversity crisis in Europe, but also to ensuring food security, improving nutrition and public health; whereas it shall serve as a template for investments in the remit of development finance, with the view to harness resilience and food self-sufficiency of developing countries;

AJ.	whereas the Farm to Fork Strategy aims to reduce the use of farm inputs and notably to decrease the overall use of chemical pesticides by 50 %, of the most hazardous pesticides by 50 %, and of fertilisers by at least 20 % by 2030;

AK.

whereas nutrition is an important investment as good nutrition during the first thousand days of a child’s life is critical to achieving full physical, intellectual and human potential; whereas hunger and malnutrition negatively affect children’s abilities to learn and influence them to drop out of school, represent a lifelong burden for individuals and societies and have an adverse impact on human and national economic development; whereas good nutrition is therefore the cornerstone of prosperity for societies;

AL.

whereas at the peak of the COVID-19 pandemic, school closures left 370 million children without access to a secured school meal, often their only warm dish a day, whereas school meals programmes are an important element to combat child hunger and multiple forms of malnutrition; whereas, on the other side, food insecurity disrupts societal functioning, including the ability for families to send their children to school and by adding stress on families, it can be a driver of domestic and gender-based violence; whereas for every dollar invested in nutrition interventions, 16 dollars can be generated in returns;

AM.

whereas as in other areas of humanitarian and development aid, growing needs are not matched by adequate resources, leading to a rapidly increasing funding gap, which requires smarter and more systemic approaches, a systemic transformation in the direction of socially just food systems as our current food systems exacerbate socio-economic and gender inequalities that are preventing access to a healthy, fair and sustainable nutrition;

AN.

whereas women play key roles in feeding the world as farmers, caregivers and producers — they produce 60-80 % of food in developing countries — but have unequal access to food and to the resources, services and assets that increase their yields and incomes; whereas women assume 75 % of unpaid care and domestic work, and women in rural communities and low-income countries spend up to 14 hours a day on care work;

AO.	whereas gender inequality influences the distribution of labour and leading to a disproportionate and unpaid care burden on women and girls;

AP.	whereas it is necessary to ensure the protection of women’s and girls’ rights at all levels and provide space for them in decision-making processes; whereas women and girls are most impacted by climate change and disasters, leading to increased vulnerability due to compounding risks;

AQ.

whereas gender inequalities have a direct impact on nutrition, shaping food dynamics in the household and community in ways that affect women’s and girls’ production of, access to, ability to afford and provide food, care, and health and sanitation services for themselves; and may put them at risk of increased GBV and intimate partner violence;

AR.	whereas closing the gender gap among women and men farmers could increase agricultural output by 2,5 to 4 % in the poorest regions and decrease global hunger by 17 %;

AS.	whereas women constitute 43 % of the agricultural labour force in partner countries, with this percentage rising to 50 % or more in some countries of Asia and Sub-Saharan Africa, women only represent less than 20 % of agricultural landholders;

AT.	whereas there are 608 million family farms around the world, occupying between 70 and 80 percent of the world's farmland, representing over 90 per cent of all farms globally, and producing around 80 percent of the world's food in value terms;

AU.

whereas one third of the food produced globally is either lost or wasted; whereas increased efforts to reduce food loss and waste by implementing the circular economy in agricultural production systems to increase the sustainability and resource-efficiency of agricultural production are key to addressing food insecurity, malnutrition and protecting biodiversity worldwide;

AV.	whereas addressing food and nutrition security requires not only more funding but also decisive political focus and efforts;

AW.	whereas a number of innovative projects have been set up by some third countries, such as the African ‘Great Green Wall’ initiative, which promotes agro-ecological projects;

AX.	whereas the Committee on World Food Security is the foremost inclusive international and intergovernmental platform for all stakeholders to cooperate towards the common goal of ensuring food security and nutrition for all;

AY.	whereas on 20 December 2017, the United Nations General Assembly adopted a project through which it declared 2019-2028 as the United Nations Decade of Family Farming;

AZ.	whereas farmers’ rights were established under the FAO International Treaty on Plant Genetic Resources for Food and Agriculture in 2004, but whereas Intellectual Property rules have often worked in contradiction to them, putting local, traditional and indigenous seed systems at risk;

BA.	whereas an active role of the EU in tackling food insecurity is essential, insofar it provides nearly half of the global official development assistance (ODA);

Food security and nutrition at the heart of the post-COVID-19 recovery

Is alarmed by the fact that we are not on track and that it is highly unlikely to achieve the nutrition targets by 2025 or to eradicate hunger by 2030, which is the ambition by SDG2 ‘Zero Hunger’; recalls that hunger and food insecurity are again increasing across the world; notes with concern that around 660 million people might continue to face hunger by 2030, also due to the consequences of the COVID-19 pandemic; reminds that bold actions are needed, especially regarding inequalities in accessing food, to accelerate progress towards the objective of Zero Hunger; recalls that the end of malnutrition in all its forms and SDG 2 should be considered as priorities in all policies, with particular attention to people in the most vulnerable situations;

Underlines that food systems have a key role to play in ending poverty and achieving SDG 1, while addressing malnutrition and the coexistence of overnutrition and undernutrition, which will be crucial to meeting health objectives in SDG 3; underlines that it will be impossible to sustainably manage water resources to achieve SDG 6 without agriculture playing a central role and that sustainable fisheries management is fundamental for the conservation and sustainable use of the oceans and seas and the achievement of SDG 14; recalls consequently, that food systems more broadly must also reflect our commitments on sustainable consumption and production in SDG 12, climate change adaptation and mitigation in SDG 13, and the protection, restoration, and sustainable management of terrestrial ecosystems in SDG 15;

Recalls the critical role of small-scale fisheries in food security and nutrition; stresses that sustainable fisheries partnership agreements must be in line with best available scientific advice and must neither undermine local food security nor threaten small-scale fisheries in non-EU countries by putting them in direct competition with EU vessels; calls for the agreements to be aligned with the 2030 Agenda for Sustainable Development and with the EU environmental obligations and Common Fisheries Policy objectives by increasing sectoral support and sustainability provisions on surpluses, discards and the precautionary approach;

Underlines that the COVID-19 pandemic with the ensuing economic crisis and closure of borders and the current conflict in Ukraine exposed the vulnerabilities of the global food system; stresses and reminds the European Commission and Member States of the importance of creating stronger links between short, medium and long-term policies to ensure the inclusivity of the COVID-19 recovery plans while also paying special attention to the most vulnerable groups, such as children, youth, women, elderly, and indigenous peoples;

Urges the EU to safeguard the right to food of developing countries and self-sufficiency, as a means of achieving nutritional security, poverty reduction and inclusive, sustainable and fair global supply chains and more sustainable food systems; as well as supporting local and regional markets, devoting particular attention to women and family farming, with the aim of securing the supply of affordable and accessible food and stronger social safety nets to ensure that the most vulnerable continue to have access to food even in emergency or crisis situations;

Recalls that Ukraine and Russia are important players on the global food export market; consequently, for a number of countries with high levels of hunger Ukraine and Russia have an outsized impact, as they import a significant share of their wheat from Ukraine or Russia;

Underlines that governments should avoid in this context export bans and identify measures to support the restructuring of agricultural markets and their regulation by increasing their transparency and establishing new rules to prevent excessive financial speculation from fuelling food price volatility, which especially in a context of war, can artificially inflate wholesale prices and lead to market volatility and particularly affect developing countries and the most vulnerable populations;

Strongly deplores financial speculation on agricultural and food commodities, and calls on the Commission to urgently put forward proposals to end this speculation especially in the context of war, to ensure market and agricultural production stability; recalls in this regard that the structural instability of the international agricultural markets poses a threat to global food security and to political stability in many developing countries; calls on the Commission and the Member states to support international rules aiming to stop financial speculation of agricultural and food commodities and speculative practices;

Recalls that the right to food is a human right; calls for comprehensive and strong EU actions to accompany the full and progressive realization of this right as a means of achieving food security for all; is very concerned about the sharp increase in food insecurity in the last few years;

10.

Highlights that the energy crisis and adverse climatic events prior to the war in Ukraine have led to a surge of agricultural commodities prices in the global market and calls in this context for increased and more efficient food assistance in an effort to better link urgent relief and longer-term solutions; in particular, calls on the European Commission and EU Member States to increase their contributions to the World Food Programme and for actions aimed at the transformation of our food systems through the support for diversity and quality of agricultural production and processing in partner countries and measures to tackle structural poverty and persisting inequalities as underlying causes of food insecurity;

11.

Notes with concern that the Russian invasion of Ukraine will have massive impacts in the broader sense that will further exacerbate the existing food insecurity and the impacts of the COVID-19 pandemic; notes with even greater concern that Ukraine is a key producer of basic foodstuffs such as wheat, maize and vegetable oils; calls on the Commission to develop far-reaching measures for food security and to implement these in the short, medium and long term; recalls that the EU must ensure that the right to food for all is not a market commodity; recalls that famines are some of the potential consequences that need to be seriously considered as outcomes of the war if global leaders do not take countermeasures;

12.

Underlines that the Ukraine war shows how much low-income countries depend on the world market for their basic food supplies, basing their food security on a handful of grain exporting countries which makes these countries extra vulnerable to market disruptions and price increases; recalls that to feed their people, 14 low or lower-middle income countries import more than 50 percent of their wheat from Russia and Ukraine, some of whom are already facing famine-like conditions;

13.

Underlines that in order to absorb conflict-induced shocks and remain resilient, countries that depend on food imports from Ukraine and the Russian Federation should diversify the sources of their food supplies by relying on other exporting countries, on existing food stocks or by enhancing the diversity of their domestic production bases;

14.

Calls on the EU and its Member states to immediately cover the funding gap in the 2022 UN Humanitarian appeals for East Africa and the Middle East, because support for these two regions is currently 99 percent underfunded; recalls that the WFP has already had to reduce rations for refugees and other vulnerable populations across East Africa and the Middle East because of a lack of funding, an increase in prices and a reduced offer of commodities on the markets, also due to the war in Ukraine;

15.

Emphasises that ambitiously funded food and nutrition programming should be at the heart of post-pandemic recovery plans;

16.

Urges the EU to prioritise food and sustainable agriculture in its international development programming and to ensure access to funding for local communities and organisations; calls on the EU to invest in measures and interventions in partnerships with developing countries that give access to diverse, affordable, safe, sustainable and sufficiently nutritious foods because investing in food and nutrition is a key element of building human capital as well as competitiveness and achieving the SDGs;

17.

Highlights the need for policies to be country-driven, needs-based and context-appropriate as food systems are very diverse; recalls that priority should be given to local food production through the funding of smallholder farmers, protection of human rights, the reinforcement of family agriculture systems, cooperatives, and regional supply chains;

18.

Points out that smallholder farmers are the main food producers in developing countries, playing a key role in the food security and nutrition of these countries; calls on the EU to specifically support and empower small-scale farming, family farming and cooperatives in its development assistance while also focusing on decent work; stresses that enhancing smallholder agricultural production translates into more food in the global market, leading to lower food prices and better diets;

19.

Recalls that local farming traditions complemented by modern technology can enhance the production of healthy and nutritious food; considers that developing countries should be able to protect their public agricultural policies;

20.

Stresses that local food production and local consumption that support small-scale farming and guarantee fair prices for producers and consumers, reduce countries' dependence on imports and their vulnerability to international price fluctuations;

21.

Highlights that strategic investments in sustainable agriculture practices can play a key role in ensuring more resilient and sustainable agri-food systems; insists that EU investments are inline with Agenda 2030, the Paris Climate Agreement and the Convention on Biological Diversity; welcomes and encourages EU investments in partnership with developing countries in agro-ecology, agroforestry and crop diversification and reiterates that EU-supported investment in agriculture, forestry or fishery or in undertakings that impact soil, grassland, forest, water or sea, needs to be in line inter alia with the FAO/CFS Voluntary guidelines on the responsible governance of tenure of land, fisheries and forests in the context of national food security (VGGTs)and the FAO/CFS Principles for Responsible Investment in Agriculture and Food Systems; supports European financing for producers and agri-food businesses so that they can make the necessary investments to bring them into line with the requirements of the Hazard Analysis and Critical Control Point, by implementing measures to eliminate any potential food security risk;

22.

Stresses that short supply chains hold major potential to address current food system failures and recalls that climate-friendly agriculture entails inter alia reducing dependence on fossil fuel energy, including the use of chemical pesticides and fertilisers;

23.

Welcomes all initiatives to implement or strengthen agricultural policies at national or regional level, which aim to ensure greater food self-sufficiency and encourages the transition of developing countries towards more self-sufficiency, giving farmers responsibility, ownership and independence in the creation of sustainable agri-food systems and more self-sufficient production systems; calls for a focus on efforts in the area of agriculture to safeguard developing countries’ right to food security in complement to the right of food sovereignty (20) as well as enhancing their capacity to meet the nutritional requirements of their populations;

24.

Stresses the importance of the protection and promotion of the right of local communities to access and control natural resources such as land and water; deplores the fact that land grabbing is rife in many developing countries; points out that it is a brutal practice that undermines food security and food sovereignty — and endangers rural communities;

25.

Notes that, for example, grazing rights and community pastures are traditional land use rights based on common law and not on securitised property rights; emphasises, however, the fundamental importance of protecting these common rights for rural populations;

26.

Calls for the social tensions between settled agricultural populations and nomadic pastoral communities to be addressed, notably in regions with overlapping ethnoreligious conflicts;

27.

Is deeply concerned about the high dependence of developing countries on food imports, especially from the European Union, particularly when these imports are made up of subsidised products whose low price represents harmful competition for local small-scale agriculture;

28.

Stresses the need to protect the rights of farmers to maintain genetic resources for purposes of food security and climate change adaptation; calls on the Commission, within the remit of its development aid and trade and investment policies, to support farming systems that are in line with the provisions of the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA), which safeguards the rights of peasants to maintain, control, protect and develop their own seeds and traditional knowledge;

29.

Underlines the need to consistently work with countries, international and regional organizations private sector, farmers and smallholders as well as the local civil society and local communities to support the design, implementation and monitoring of context-specific, feasible and robust national nutrition targets; recognises the key role of civil society especially in reaching smallholder farmers by linking them to training, resources, markets and value chains;

30.

Is of the opinion that prioritizing maternal and infant nutrition needs is crucial to guarantee solid and resilient food security and calls on the Commission and Member States to support national authorities in developing countries in integrating nutrition services into health systems in order to address malnutrition in all its forms and ensure the continuity of nutrition services, particularly the early detection and community-based management of acute malnutrition and infant and young child feeding, as well as related maternal nutrition programmes; in this regard welcomes the achievements and work of the SUN movement;

31.

Calls on the EU to protect small-scale producers’ access to and control of land and other resources including farmers’ seeds, access to water as well as access to infrastructure to link rural communities to territorial markets, including urban areas;

32.

Calls on the EU to ensure appropriate financing and co-creation of knowledge and technical innovations through farmer-led research, including support for small-scale producers’ organisations and women’s associations and their collective processing and marketing activities;

33.

Calls on the Commission to establish close links with partner countries for the purpose of exchanging knowledge on agriculture; highlights the expertise of the European agricultural sector and stresses the need to prioritise partnerships in research and innovation in agriculture, including through Horizon Europe, and to boost responsible and ethical innovations to promote sustainable agricultural practices in order to increase yields and farm outputs; calls, in this regard, for a stronger reliance on the contributions of traditional local knowledge in the just transition, especially regarding agricultural practices, fisheries and forest protection, thereby empowering the local people and communities;

34.

Notes the positive results of budget support demonstrated by the 6th Progress report on the Action Plan on Nutrition as a mechanism for sustainable, impactful and country-relevant investment in nutrition;

35.

Calls for the EU to integrate the global and national nutrition targets into the relevant development programmes and country strategies; calls for the EU and its Member States to mobilise long-term financial investments in food and nutrition security and sustainable agriculture, fisheries and aquaculture and to encourage partner countries to invest more in these sectors through their national budgets;

36.

Urges the EU to prioritize food security, biodiversity protection, and sustainable agriculture in its international development programming with partner countries, considering their specific local needs while ensuring access to funding for local communities and organisations supporting them; calls on the EU and its Member States to assess and monitor, with the participation of civil society, its investments to ensure that they concretely fight poverty and food insecurity;

37.

Emphasises the EU’s role as an enabler in the transformation of global food systems so that they can become more resilient, sustainable and fair; underlines that the Farm to Fork strategy is an ambitious EU policy framework that promotes a more sustainable and resilient EU agri-food system and supports a global and just transition to sustainable agri-food systems which benefit people, nature and economic growth and which preserve natural resources in accordance with the biodiversity strategy’s objectives; recalls the Farm to Fork strategy’s intention to reduce farmers’ dependency on external outputs;

38.

Urges the EU and its Member States to remain fully committed to their international engagement on climate and biodiversity, the Green Deal and the Farm to Fork Strategy, and to implement accordingly IPCC recommendations to adapt to climate change, especially in a context where the pandemic crisis and the war in Ukraine show the vulnerability of the global food market to disruption;

39.

Urges the Commission to accelerate efforts to support partner countries to reduce the number of stunted children aged under five by 7 million by 2025 as committed to in the EU Action Plan on Nutrition;

40.

Calls on the European Union to continue supporting partner countries in restoring the availability of a diverse and nutritious food for school-aged children through school meals programmes while promoting locally and sustainably produced food and paying special attention to the most vulnerable children; highlights, furthermore, the utility of public procurement programmes in fostering public support for purchasing from smallholders and local producers when sourcing nutritious food for distribution;

41.

Welcomes the European Commission and several Member States' support to the School Meals Coalition in the follow-up of the Food Systems Summit; notes the importance of making sure that nutrition-sensitive approaches are linked to nutrition interventions and other health interventions in developing countries;

42.

Recalls that up to 811 million people in the world are starving and that around 2 billion people are chronically malnourished, especially in Sub-Saharan Africa and Asia, lacking important vitamins and minerals; recalls that these effects are particularly devastating for children in their first 1 000 days of life because if they lack essential micronutrients such as vitamin A, iron or zinc, these effects last a lifetime causing reduced growth and impaired mental abilities affecting not only individuals, but entire economies; underlines that hunger and malnutrition are therefore among the greatest obstacles to development;

43.

Welcomes the pledge made by the EU at the Nutrition for Growth Summit to invest EUR 2,5 billion over 2021-2024 in the fight against malnutrition; urges the EU to show leadership towards this goal;

44.

Notes that the COVID-19 pandemic has shown the interlinkages between our human, plant and animal health, environmental health and food security; points out that diseases that affect animals and plants also continue to disrupt food security by interrupting food supply worldwide; calls on the European Commission and Member States to combine efforts with the international community around the principle of One Health to re-design food systems, improve their resilience and achieve better health and food security for all;

45.

Recalls that research suggests transforming food systems could release back the 12 trillion US-Dollar the world spends on the hidden cost of food and that redirecting some of these funds could prevent further damage to the environment and to the health of people, and it could instead help rally more pledges for adaptation financing as called for by Member States and leaders during the COP 26 in Glasgow;

46.

Recalls that climate change will increasingly put pressure on food production and access, especially in vulnerable regions, undermining food security and nutrition; highlights the conclusions of the IPCC 2022 report according to which global warming will progressively weaken soil health and ecosystem services such as pollination, increase pressure from pests and diseases, and reduce marine animal biomass, undermining food productivity in many regions on land and in the oceans; welcomes its recommendations to adapt to climate change through the promotion of agroecological principles and practices, agroforestry, community-based adaptation, ecosystem-based management in fisheries and aquaculture, and other approaches that work with natural processes to support food security, nutrition, health and well-being;

Building resilience to future shocks

47.

Recalls that resilience-building needs to address the increasing frequency and intensity of conflict and natural disasters, notably droughts, cyclones and floods, as well as health crises, loss of biodiversity, structural inequalities and economic shocks, which often have manifold compounding impacts on the most vulnerable; highlights that strategic investments in sustainable agriculture practices can play a key role in ensuring more resilient and sustainable agri-food systems;

48.

Urges the EU to promote predictable, specific and targeted funding for anticipatory and early action with the objective to prevent food insecurity, reduce its impacts and increase attention to and finance for locally-led adaptation and resilience; calls for EU to strengthen livelihoods programmes to support food security and ensure people’s capacity to generate and maintain their means of living, enhance their own well-being, as well as that of future generations; urges the EU to protect small-scale producers’ access to and control of land and other resources including peasants’ seeds, infrastructure to link rural communities to territorial markets, including urban areas;

49.

Points out that food security has a positive impact on the resilience of the general population and helps people to deal better with shocks, extreme events and protracted crises;

50.

Calls on the Commission to review the existing crisis management plans, in particular with a view to food production;

51.

Stresses that adaptation strategies to climate change should aim to reduce food loss and waste; recalls that LDCs and low-income countries show great potential for food waste reduction through greater investment in storage, packaging and transport infrastructure; emphasises the importance of implementing the circular economy in agricultural production systems to increase their sustainability and resource-efficiency, and to decrease food losses and waste to the greatest extent possible; calls on the European Commission and all Member States to establish and implement food waste prevention programmes that include the promotion of short food supply chains, which lower the risk of generating food waste; highlights the importance of developing and updating a global database, accessible to the competent authorities, that keeps records of supply stocks, particularly cereal stocks, in order to lay the foundations for a system that ensures continuous food security at an appropriate level and minimises food waste;

52.

Underlines that food security depends on achieving climate targets, combating the loss of biodiversity and ensuring healthy land, coastal and marine ecosystems; points out that it is therefore crucial to combat plastic and diffuse pollution;

53.

Stresses that biofuel production has an impact on food security, since it diverts agricultural commodities such as grains, soybeans, rapeseed oil, corn and sugarcane from food production; believes that ensuring more flexible and better coordinated biofuel policies at international level is crucial when it comes to optimising food uses, while benefiting from the stabilising potential of this alternative opportunity; calls on the EU to prioritise food production over crop-based biofuel production, while respecting the waste hierarchy and taking into account the cascading principle in order to secure additional food supplies and stabilise global food commodity markets;

54.

Notes the importance of the strategic linkages between Africa and Europe, building on the progress made in the African Union (AU)-EU rural transformation action agenda; recalls the European Parliament's resolution of 16 September 2020 on EU-African security cooperation in the Sahel region, West Africa and the Horn of Africa that recalled that food insecurity is often a root cause of terrorism and armed conflict; calls therefore for full integration of the humanitarian-development- peace nexus approach in security strategies in third countries which requires supporting the provision of basic services, including food security, with the involvement of local communities;

55.

Recalls that, by 2030, the Great Green Wall initiative in Africa's Sahel region aims to restore 100 million hectares of currently degraded land, sequester 250 million tons of carbon and create 10 million jobs in rural areas which together should support 15 out of the 17 Sustainable Development Goals, reduce poverty and hunger, build local resilience to climate change, improve health and well-being, create jobs and boost economic growth;

56.

Invites the EU to expand support for national social protection systems, including cash-based, shock-responsive social assistance to address income inequality in a conflict-sensitive manner and in accordance with the do no harm principle, and to protect food access for the most vulnerable by increasing their purchasing power;

57.

Supports the establishment of a financial facility to help African countries bridge the existing funding gap to urgently develop social protection plans, whether it is through the upcoming Global Accelerator on Jobs and Social Protection or through the creation of a Global Fund on Social Protection;

58.

Underlines the importance of supporting and promoting knowledge sharing and peer learning, such as farmer-to-farmer and business-to-business, in the areas of production, processing and marketing; points out the central importance of the agricultural and food sectors in the economy and in providing decent and sustainable job opportunities in rural areas; underlines that this in most cases concerns smallholdings and family farms; notes the importance of promoting and enhancing measures and tools to support increasing product quality, diversification of products, sustainable modernisation of agricultural practices, safe working conditions and measures to strengthen the resilience of farmers:

59.

Notes that gender inequalities limit agricultural productivity and efficiency and, therefore, undermine development; recalls that women and girls’ empowerment is crucial for nutrition, preserving health, food security and resilience-building; points out that strengthening the role of women and girls remains a challenge for agriculture and for food and nutrition security; calls on the European Commission and Member States to support women's entrepreneurship, employment and political representation, ensure the inclusion of gender perspective in the management of food security and ensure the participation of women in the decision-making process related to this field, including those women belonging to discriminated minorities;

60.

Urges the EU and its Member States to strive, notably through development aid, to help addressing the discriminations women face, notably regarding access of women farmers to land, productive resources and financial services; recalls that in Africa, for example, almost half of agricultural work is done by women, while women farmers are mostly small or subsistence farmers who do not have the necessary access to information, credit, land, resources or technology; encourages the advancement of inheritance rights for women and girls and calls on the EU to support partner countries, particularly regarding their recognition of women’s full entitlement to land rights; urges the European Commission and Member States to promote gender-transformative approaches to agriculture, fishing and food systems through capacity building for rural women, specific policy reforms to have fairer land tenure laws as well as specific initiatives focused on economic empowerment and access to finance, as stated in the Gender Action Plan III;

61.

Notes that rural women produce more than one-half of the world’s food despite structural disadvantages; stresses the urgency to enhance rural women access and control over land, productive resources, assets and markets as a necessary condition to improve food security worldwide; urges the European Union to pay special attention to rural women and their economic, social, and political empowerment; recalls the CFS's Voluntary Guidelines on the Responsible Governance of Tenure Land as a good instrument to tackle barriers in customary and traditional inheritance systems and ensure better knowledge of women of their statutory rights (21);

62.

Recalls the strategic importance of investing in farm-level agricultural biodiversity in order to ensure healthy diets, diet quality and diversification as well as adequate nutrient intake; stresses in particular that women and girls are more likely to achieve a minimally diverse and micronutrient adequate diet through agricultural diversification and subsistence production of diverse food crops (22);

63.

Emphasises the importance of rural transformation and strengthening local, regional and transparent value chains in order to create sustainable jobs, avoid human rights violations and mitigate climate change; stresses the need to support young people and women, in particular through training, access to credit and access to markets; calls for their involvement in formulating agricultural policies and for support for collective action through small producer organisations;

64.

Recalls that, in the face of malnutrition, education and awareness-raising are an essential prerequisite for a sustainable lifestyle and a successful society;

65.

Welcomes the ongoing work of the Committee on World Food Security on its Voluntary Guidelines for Gender Equality and Women's and Girls' Empowerment in the context of food security and nutrition;

66.

Recalls that climate change and biodiversity loss, amongst other factors, threatens our ability to ensure global food security and puts additional pressure on already fragile food systems; calls for environmentally sound food production, such as agro-ecology and climate-resilient adaptation as well as the conservation and restoration of natural ecosystems in order to reduce climate risks, face the climate crisis, halt biodiversity loss, thus strengthen the resilience of sustainable agri-food systems; in this regard, asks the Commission and Member States to support partner countries in adopting sustainable agricultural practices and innovative solutions, including the use of revenues raised by ETS auctions and CBAM certificates to enhance their climate resilience, adaptation and mitigation capacities with the aim of having more sustainable food systems;

67.

Asks the Commission and Member states to ensure that financing under the new NDICI instrument includes a human rights-based approach that makes local communities and indigenous peoples central to climate, environmental and development efforts; considers important to pay special attention to smallholder farmers that generally have a lower capacity to adapt to the effects of climate change; welcomes in this regard the upcoming UN action plan to achieve universal coverage of early warning services against extreme weather and climate change in the coming five years that will be presented by the World Meteorological Organization during the UN Climate Conference (COP 27) in Egypt; recalls that the Special Envoy for the UN Food Systems Summit underlined the intersection between climate and food as profound;

68.

Calls on the Commission to provide support for developing countries in order to develop and safeguard their sensitive and infant industries, promote food security, support climate change mitigation for agriculture and meet EU and international sustainability standards for the export of their agricultural products;

69.

Considers that it is important to help developing countries put in place public policies on agriculture and food that can meet the needs of their rapidly growing populations; stresses that a policy on food security must have as its primary goal to provide sufficient, nutritious, safe and affordable food throughout the year for its citizens in a sustainable manner while guaranteeing a fair income and standard of living for farmers; notes that throughout the history of the common agricultural policy lifting export subsidies and decoupling direct payments has significantly reduced the risk of dumping in third-country markets; calls on the Commission and Member States to provide more support to agricultural development capable of ensuring food security in developing countries and to decisively increase its investment in territorial rural development;

70.

Highlights that food systems are important drivers of GHG emissions; notes that building climate resilience for food systems will need the integration of climate change adaptation and disaster risk reduction and management into short, medium and long-term policies; calls on the Commission and Member States to accompany developing countries in this process;

71.

Calls on the EU to protect small-scale farmers’ access to and control of land and other resources including seeds, infrastructure and water;

72.

Calls on the EU to ensure public procurement privileging local agroecological production, food safety rules appropriate to small-scale production, protection of domestic markets against low price imports as well as consumer education and social protection to enhance consumption of nutritious local food;

73.

Calls for the EU to tailor its programming under the Neighbourhood, Development and International Cooperation Instrument — Global Europe to actively support a global transformation to sustainable food systems that can provide affordable healthy and nutritious diets which are fair, resilient, rights-based, environmentally sustainable, put particular attention on women’s needs and reduce the pressure of food production on land and water use;

74.

Underlines that climate change effects have a critical negative impact on food security in developing countries and that adaptation to climate change is essential to ensure resilient sustainable food systems; regrets the breach of the commitment made by developed countries in the 2009 Copenhagen Agreement to provide predictable and adequate funding for climate action in developing countries, especially for adaptation needs, that should have reached 100 billion dollars in 2020; calls on the EU to step up climate funding beyond the framework of the NDICI-Global Europe instrument, including through an ambitious use of the revenue raised by ETS auctions and CBAM certificates;

75.

Urges the Commission to support the agroecological transition in partner countries to secure nutritious, safe, diverse and affordable food for all throughout the year preserving biodiversity, increasing climate resilience and strengthening social cohesion by reducing social inequalities; calls on the Commission to support the development of local food networks to guarantee local production and consumption, which promote local job creation, guarantee fair prices for producers and consumers, reduce countries' dependence on imports and their vulnerability to international price fluctuations;

76.

Stresses that EU investments and interventions should be based on rigorous pre-assessments, full transparency, and inclusion of those stakeholders affected by the investments and interventions, including civil society organisations, in order to devise equitable action and strengthen capacities at a national and local level, including non-state actors; insists in recognizing the need for context-specific measures to achieve more sustainable agriculture and food systems in partner countries;

77.

Calls for the EU action plan on nutrition to be revised to address all forms of malnutrition in humanitarian and development contexts respectively and include new ambitious political and financial commitments;

78.

Notes that 45 million children under the age of five suffer from wasting, defined as low weight-for-height, as a result of acute malnutrition in early life; recalls that overweight and obesity among adults, adolescents and children are rising to record levels affecting 2 billion people globally of which 70 % live in low- and middle-income countries; recalls that overweight and obesity are associated with a risk of diet-related diseases including non-communicable diseases because malnutrition is a challenge for all nations regardless of their development stage; consequently, many countries are now experiencing a ‘double burden’ of at least two types of malnutrition where undernutrition and overweight and obesity coexist; calls on the European Commission to revise the 2010 policy framework for food security and the 2013 policy framework for nutrition, as called for by the EU Member States in the Council’s 2018 conclusions on strengthening global food and nutrition security;

79.

Calls on the Commission to ensure that full account is taken of nutrition whenever the EU invests in agriculture, economic development, climate protection and climate adaptation, health protection, health and other sectors; s upports the revision of the 2010 Global Health Strategy and calls for the inclusion of the fight against malnutrition in the revised document; calls for a greater financial support to build strong and resilient health systems to break the intergenerational vicious circle of malnutrition and undernutrition;

A complementary EU humanitarian and development policy response

80.

Insists that humanitarian assistance should be stepped up to countries facing food crises or affected by conflict; notices that the international community, including the European Union, must aim to reduce the growing gap between humanitarian needs and the resources available globally; condemns any actions where access to food is used as a tool of oppression or a weapon of war and recalls the four humanitarian principles: humanity, neutrality, impartiality and independence;

81.

Underlines that humanitarian aid can be mobilized to tackle immediate life-threatening situations when existing capacities are overwhelmed, while solutions funded by other types of aid to prevent and address the drivers of food insecurity and malnutrition need to be pursued simultaneously;

82.

Welcomes the celebration of the first European Humanitarian Forum to further enhance the impact of humanitarian response and ensure effectiveness and efficiency in the delivery of aid and celebrates the decision to make it an annual event in the humanitarian calendar; underlines the importance of working together as a Team Europe to address the humanitarian global food security crisis;

83.

Calls on the EU Member States governments to diplomatically prevent conflicts, eradicate all forms of malnutrition and to invest more in conflict prevention with a specific focus on women and girls while thoroughly applying the UN Security Council Resolution 1325; recalls that humanitarian aid shall be exempted from international sanctions; underlines the need to find sustainable medium- and long-term solutions in development cooperation to addressing the root causes of food insecurity;

84.

Recalls that Ukraine and Russia account for approximately 30 % of world trade in wheat, 32 % of barley, 17 % of corn and over 50 % of sunflower seed oil and 20 % of sunflower seeds; stresses that the reduction or loss of Ukrainian exports will affect countries heavily reliant on their production, including countries already experiencing food insecurity that are vulnerable to supply shocks and price increases, as in the case of Africa; calls on the Commission and the Member States to urgently evaluate, in coordination with their international partners and relevant international institutions, all the means available to avoid any default in the balance of payments of food importer countries, including direct funding and restructuring of their debt; stresses the importance of prioritising grant-based financing as the default option, especially for least developed countries;

85.

Supports the ongoing realisation of the humanitarian, development and peace-building nexus; highlights that this principle should continue to be included in humanitarian assistance as well as the programming for food security and nutrition backed up by clear guidelines on evidence based best practice;

86.

Welcomes the work of the EU and of the UN Rome-based agencies, namely FAO, WFP and IFAD, to pursue anticipatory action to prevent crises before they hit and protect the most vulnerable groups from climate and human induced disasters; calls for coordination mechanisms with local actors on the ground to be strengthened and to find greater interlinkages between short term anticipatory actions and longer-term government programmes; recalls that inclusive anticipatory action should be context-specific and locally led and ensure that the most vulnerable have also a voice at the decision-making level to address their specific needs;

87.

Supports the EU’s active role in the Global Network Against Food Crises and calls for the network to be operationalised further, especially in regional and national contexts; calls on Member States to strengthen the Global Network Against Food Crises in its work of addressing food crises via multifaceted and multisector interventions, building resilience and knowledge and implementing the humanitarian-development-peace nexus; in this framework, calls on the European Commission and Member States to work with developing countries in the design and implementation of country-led innovative policies and strategies to tackle food insecurity, boost economic inclusion and achieve more sustainable food systems;

88.

Calls on the need to improve early warning systems, early action protocols and surveillance mechanisms to ensure timely responses are triggered early enough to mitigate the impact of hazards on food security and move from reactive to proactive lifesaving interventions through anticipatory humanitarian action; supports the Committee on Food Security as the foremost inclusive international and intergovernmental policy platform on food security and nutrition;

89.

Calls on the Commission to ensure the multisectoral approach to nutrition and to prioritise the integration of food security and nutrition in health, education, water, sanitation and hygiene interventions in order to ensure that at least 20 % of official development assistance through the Neighbourhood, Development and International Cooperation Instrument — Global Europe is dedicated to social inclusion and human development;

90.

Calls for an integration of nutrition into universal health coverage (UHC) because it is vital for ending malnutrition and UHC will not be achieved unless essential nutrition actions are effectively integrated as essential health services and prioritised in health systems; recalls that UHC is critical to people across the life-course, with a focus on the most deprived and marginalised, and it should be tailored to the health needs of the population; recalls that it can be supported by ensuring optimal and safe feeding of infants and young children including through breast-feeding, by seeking to ensure a balanced and healthy diet including through school meals, by providing skilled nutrition education and counselling for related behavioural change, by placing nutrition in the health sector budget, by building health information systems to take timely actions, and by promoting access to effective and affordable nutrition-related products while reducing the marketing of unhealthy foods;

91.

Recognises that nutrition should be central to health systems strategies, plans and budgets to achieve Universal Health Coverage; calls for greater financial support for health to build strong and resilient health systems to break the intergenerational vicious circle of undernutrition and to prevent and respond to health crises; supports the integration of undernutrition treatment and preventive services as well as health interventions, such as family planning, mental health and pre-and post-natal care in the essential care packages of national health systems to achieve UHC;

92.

Notes that food security is closely linked to water access; calls, therefore, on the European Commission to integrate the right to water and the development of water and water treatment infrastructures in its food security measures in developing countries;

93.

Notes that food and agricultural biodiversity boosts resilience to shocks and facilitates adaptation, maintains stability and supports recovery; recalls that agroecology’s capacity to reconcile the economic, environmental and social dimensions of sustainability has been widely recognised in landmark reports, notably from IPCC and IPBES and the World Bank and FAO-led global agricultural assessment (IAASTD); stresses the importance of promoting agroecology, agroforestry, local production and sustainable food systems which focus on the development of short supply chains in both national policies and international forums, in order to ensure food and nutritional security for all as well as increasing the sustainable productivity of the agricultural sector and its resilience to climate change;

94.

Urges the Commission to support partner countries in developing sustainable agriculture practices, including agroecology, with the aim of enhancing soil fertility, maximizing biodiversity and improving water use efficiency as key elements for better food security; notes the challenges posed by climate change and biodiversity loss and its adverse impacts on food and nutrition security as well as the need to provide the necessary resources for climate change adaptation and mitigation;

95.

Notes that there are many agronomic and agro-ecological approaches that can benefit other climates and situations, such as mixing crops, ‘polycultures’, agro-forestry, including using leguminous trees which are especially good for providing shade and protection for other crops and animals, and attracting and/or increasing the cycling and/or retention of water;

96.

Points out that the destruction of rainforests lead to an irreversible loss of biodiversity and of carbon sinks, as well as of the homes and ways of life of indigenous communities living in the forests; recalls that forests contribute significantly to reaching climate targets, protecting biodiversity and preventing desertification and extreme soil erosion; considers that conservation efforts centred on, for example, forests, wildlife and marine and coastal ecosystems need to be stepped up by making use of regulatory frameworks, sufficient resources and scientific data and accompanied by ecosystem restoration and management actions;

97.

Calls for the link between public health and biodiversity in line with the ‘one health’ approach to be taken into account; urges the EU and all partner countries to recognise and protect indigenous people’s rights to customary ownership and control of their lands and natural resources as set out in the UN Declaration on the Rights of Indigenous People and International Labour Organization Convention 169, and to comply with the principle of free, prior and informed consent;

98.

Recalls that unsustainable agricultural intensification practises are major causes of biodiversity degradation worldwide, including genetic erosion of crop and livestock varieties; recalls that the Farm to Fork strategy aims to gradually reduce by 2030 the overall use and risk of chemical and hazardous pesticides from agriculture and promote alternative practises; stresses that poor countries are the recipients of an important part of hazardous substances; welcomes, therefore, the Commission’s intention to present a proposal to end this practice in the framework of the EU strategy on chemicals for sustainability; urges the Commission, however, to promote the search for sustainable and affordable alternatives to the use of these pesticides in order to avoid serious disruptions to food security in developing countries, which would aggravate hunger among the most vulnerable populations; calls for specific support for education and training in sustainable plant protection approaches and alternatives to pesticides as well as for the minimisation of exposure to hazardous substances;

99.

Denounces the EU’s double standards on pesticides, which allow the export from the EU of hazardous substances which are themselves banned in the EU; highlights that the use of some pesticides in intensive agriculture in developing countries have an impact on the health of workers, in addition to causing environmental damage; calls for education and training in sustainable plant protection, agro-ecological and organic practices;

100.

Recalls that recent reports have found that food systems are contributing to up to one-third of greenhouse gas emissions, up to 80 per cent of biodiversity loss and use up to 70 per cent of freshwater; underlines, however, that sustainable food production systems should be recognised as an essential solution to these existing challenges and that it is possible to feed a growing global population while protecting our planet;

101.

Calls for the EU to actively fulfil the commitments of the Nutrition Year of Action 2021, notably those arising from the UN Food Systems Summit and Nutrition for Growth Summit, and play a central role in cooperation with indigenous communities in these efforts, in line with its own Farm to Fork strategy; welcomes the European Commission's decision to be a major partner in eight coalitions from the UN Food Systems Summit;

102.

Asks the Commission and Member States to engage with the African Union to secure greater commitment and investments to address the ongoing nutrition challenges in the region and to support the African Union Year of Nutrition: ‘Strengthening resilience in nutrition and food security on the African continent: Strengthening agro food systems, health and social protection systems for the acceleration of human, social and economic capital development’;

103.

Highlights that digital technologies and smart and precision farming offer significant opportunities for the development of sustainable agri-food systems and for driving fair and inclusive economic growth in rural areas in developing countries;

104.

Points to the need to improve food security and nutrition in developing countries through a holistic and sustainable food system approach; calls for the Commission to adopt an inclusive multilateral rights-based strategy; calls on the European Commission to ensure that EU investments in agriculture, economic development, climate mitigation and adaptation, WASH, health and other sectors take nutrition fully into account by incorporating measurable nutrition outcomes at the planning stage;

105.

Stresses the need for the EU to champion human rights and the Right to Adequate Food as a central principle and priority of food systems, to ensure the rights of the most marginalized to access nutritious foods and recognizes the importance of the ‘UN Declaration on the Rights of Peasants and Other People Working in Rural Areas’;

106.

Supports the development of trade opportunities between the EU and developing countries, which have the potential to boost local agriculture; recalls that family farmers and smallholders have demonstrated their ability to provide diversified products and to increase food production sustainably;

107.

Stresses the need to recognise the leading role of farmers, producer organisations and their representatives in any strategy to enhance food security and highlights that the setting up of cooperatives and producer groups in developing countries must be supported in order to strengthen their collective capacity to organise themselves more effectively, to benefit from a better position in the food chains as well as sharing of added value on export products;

108.

Stresses that trade liberalization could have an impact on deforestation, climate change and biodiversity loss as well as on food production and access to food; believes that EU trade and investment policy towards developing countries should be based on a commercial policy that favours the defence of forests and biodiversity, the development of local agriculture and local producers and farmers, to promote a full food sovereignty and to reduce the phenomenon of land grabbing and deforestation for agricultural export use;

109.

Considers that the Union and the Member States should encourage the various ‘fair trade’ initiatives and integrate environmental and social objectives in a comprehensive and holistic manner across the provisions of all trade agreements;

110.

Recalls that seed diversity is vital in building resilience of farming to climate change; reminds that farm-saved seeds are estimated to account for over 80 % of farmers’ total seed requirements in some African countries; accordingly, calls for the EU to support intellectual property rights regimes in trade agreements that enhance the development of locally adapted seed varieties and farmer-saved seeds, but to refrain from influencing seed law reform, notably in Africa, through the adoption of 1991 UPOV provisions insofar as it is incompatible with the provisions of the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA);

111.

Underlines that fisheries and aquaculture products are some of the healthiest foods and have least impact on the natural environment; points out that they can help to achieve several SDGs, especially Goal 2, ‘zero hunger’; calls, therefore, on the Commission to integrate fisheries and aquaculture products when adopting food security strategies, including for developing countries;

112.

Encourages the EU to continue to work towards the conclusion of the multilateral negotiations on fisheries subsidies in the World Trade Organisation — implementing Sustainable Development Goal 14.6 — to prohibit certain forms of fisheries subsidies which contribute to overcapacity and overfishing, eliminate subsidies that contribute IUU fishing and refrain from introducing new such subsidies, in full consistency with the objectives set in the European Green Deal, the 8th Environment Action Programme, and the Paris Agreement;

113.

Calls for the global dimension of the biodiversity strategy to support the right to adequate food, implement the UN Declaration on the Rights of Peasants and Other People Working in Rural Areas in order to address measures to globally improve the working conditions of farm workers and the income of small-scale farmers who are part of international food supply chains, and to ensure that the precautionary principle is included for all food safety requirements; further calls for the EU to align its trade policy with the Farm to Fork and biodiversity strategies’ objectives and with the carbon neutrality objective of the European Green Deal;

114.

Stresses that for sustainability objectives to be successfully pursued, it is a prerequisite that third countries acting on the global stage contribute their share;

115.

Underlines the value of food which must also be understood as far more than a mere commodity but as a right for people that must be realised, and the economic, social and environmental impact and externalities must be better assessed, and mitigated or leveraged as required;

116.

Calls for reinforced action at international level to ensure that policy decision-making has food security at its core, in order to avoid scarcity and ensure nutritional security in the most vulnerable countries;

117.

Calls for continued efforts to ensure the consistency of the EU’s policies in line with the principle of policy coherence for sustainable development; urges to ensure that European exports do not harm the development of local production and local markets; stresses that EU free trade agreements should not disrupt local agriculture, damage small producers or exacerbate dependency on food imports; urges support for local production and consumption which can ensure local employment creation, assure fair prices, guarantee the protection of workers’ health and safety, and lessen countries’ dependency on imports and their vulnerability to international price fluctuations;

118.

Points out the need for clear guidelines on how to achieve policy coherence for development at EU level while also addressing potentially conflicting policy objectives; urges the EU to guarantee the coherence of European agricultural and trade policies to support food security and food sovereignty and to protect local and regional markets;

o o

119.

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

(1) OJ L 209, 14.6.2021, p. 1.

(2) OJ L 163, 2.7.1996, p. 1.

(3) Texts adopted, P9_TA(2021)0505.

(4) https://www.europarl.europa.eu/doceo/document/TA-9-2022-0073_EN.html

(5) OJ C 289, 9.8.2016, p. 71.

(6) OJ C 86, 6.3.2018, p. 10.

(7) OJ C 215, 19.6.2018, p. 10.

(8) Texts adopted, P9_TA(2022)0099.

(9) OJ C 25, 30.1.2008, p. 1.

(10) FAO, The State of World Fisheries and Aquaculture 2020, https://www.fao.org/3/ca9231en/CA9231EN.pdf

(11) IPBES-IPCC Co-Sponsored Workshop, Biodiversity and Climate Change, Workshop Report.

(12) State of Food Security and Nutrition in the World Report 2021.

(13) Global Report on Food Crises 2021, September update.

(14) Voluntary Guidelines to Support the Progressive Realization of the Right to Adequate Food in the Context of National Food Security.

(15) State of Food Security and Nutrition in the World Report 2021: https://www.fao.org/3/cb4474en/cb4474en.pdf

(16) State of Food Security and Nutrition in the World Report 2021.

(17) UNICEF, World Health Organization and World Bank joint child malnutrition estimates, Levels and trends in child malnutrition, 2021.

(18) FAO, The State of World Fisheries and Aquaculture 2020, https://www.fao.org/3/ca9231en/CA9231EN.pdf

(19) Global Report on Food Crises 2021.

(20) Food sovereignty defined by Via Campesina as ‘the right of Peoples to healthy and culturally appropriate food produced through ecologically sound and sustainable methods, and their right to define their own food and agriculture systems.’ Food security defined by the United Nations’ Committee on World Food Security exists ‘when all people, at all times, have physical and economic access to sufficient, safe and nutritious food to meet their dietary needs and food preferences for an active and healthy life.’

(21) https://www.oxfam.org/en/empowering-women-farmers-end-hunger-and-poverty

(22) Jones, Andrew D; Creed-Kanashiro, Hilary; Zimmerer, Karl S.; De Haan, Stef; Carrasco, Miluska; Meza, Krysty; Cruz-Garcia, Gisella S.; Tello, Milka; Amaya, Franklin Plasencia; Marin, R Margot; and Ganoza, Lizette. 2018. Farm-level agricultural biodiversity in the Peruvian Andes is associated with greater odds of women achieving a minimally diverse and micronutrient adequate diet. Journal of Nutrition 148(10): 1625-1637.

7.2.2023

Official Journal of the European Union

C 47/171

P9_TA(2022)0288

EU action plan for the social economy

European Parliament resolution of 6 July 2022 on the EU action plan for the social economy (2021/2179(INI))

(2023/C 47/12)

The European Parliament,

—	having regard to the European Pillar of Social Rights (EPSR),

—	having regard to the Commission communication of 9 December 2021 entitled ‘Building an economy that works for people: an action plan for the social economy’ (COM(2021)0778),

—	having regard to the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), signed and ratified by the EU and all its Member States, and in particular Article 27 thereof on work and employment,

—	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 Commission communication of 7 October 2020 entitled ‘A Union of Equality: EU Roma strategic framework for equality, inclusion and participation’ (COM(2020)0620) and the Council recommendation of 12 March 2021 on Roma equality, inclusion and participation (2021/C 93/01),

—	having regard to the Commission communication of 2 June 2021 entitled ‘Economic policy coordination in 2021: overcoming COVID-19, supporting the recovery and modernising our economy’ (COM(2021)0500),

—	having regard to the Commission communication of 22 November 2016 entitled ‘Europe’s next leaders: the Start-up and Scale-up Initiative’ (COM(2016)0733),

—	having regard to the Commission communication of 25 October 2011 entitled ‘Social Business Initiative — Creating a favourable climate for social enterprises, key stakeholders in the social economy and innovation’ (COM(2011)0682),

—	having regard to the Commission communication of 23 February 2004 on the promotion of cooperative societies in Europe (COM(2004)0018),

—	having regard to the European Skills Agenda for sustainable competitiveness, social fairness and resilience of 1 July 2020,

—	having regard to Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement (1) (Public Procurement Directive),

—	having regard to the Porto Social Commitment, signed by the Portuguese Presidency of the Council, the President of the European Parliament and representatives of the social partners and civil society organisations,

—	having regard to the Porto Declaration of 8 May 2021, approved by the European Council,

—	having regard to the Council conclusions of 7 December 2015 on ‘The promotion of the social economy as a key driver of economic and social development in Europe’,

—	having regard to the European Economic and Social Committee’s opinion of 19 January 2022 entitled ‘Innovative financial instruments as part of the development of social impact companies’,

—	having regard to the European Economic and Social Committee opinion of 27 April 2021 entitled ‘The role of social economy in the creation of jobs and in the implementation of the European Pillar of Social Rights’,

—	having regard to the European Economic and Social Committee opinion of 22 September 2016 entitled ‘The External Dimension of the Social Economy’,

—	having regard to the European Economic and Social Committee opinion of 23 December 2009 on the ‘Diverse forms of enterprise’ (2009/C 318/05),

—	having regard to the Committee of the Regions opinion of 1 July 2021 entitled ‘An Action Plan for the Social Economy’ (CDR 5860/2020),

—	having regard to the European Commission and Organisation for Economic Co-operation and Development (OECD) policy brief of 2022 entitled ‘Making the Most of the Social Economy’s Contribution to the Circular Economy’,

—	having regard to the Guidelines for Local Governments on Policies for Social and Solidarity Economy published by the United Nations Research Institute for Social Development in 2021,

—	having regard to its position at first reading of 4 April 2019 on the proposal for a regulation of the European Parliament and of the Council on the European Social Fund Plus (ESF+) (2),

—	having regard to its resolution of 17 February 2022 with recommendations to the Commission on a statute for European cross-border associations and non-profit organisations (3),

—	having regard to its resolution of 16 September 2021 on fair working conditions, rights and social protection for platform workers — new forms of employment linked to digital development (4),

—	having regard to its resolution of 7 July 2021 on an old continent growing older — possibilities and challenges related to ageing policy post-2020 (5),

—

having regard to its resolution of 11 February 2021 on the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions European Skills Agenda for sustainable competitiveness, social fairness and resilience (6),

—	having regard to its resolution of 23 October 2018 on the role of employee financial participation in creating jobs and reactivating the unemployed (7),

—	having regard to its resolution of 24 November 2020 on tackling homelessness rates in the EU (8),

—	having regard to its resolution of 5 July 2018 with recommendations to the Commission on a Statute for social and solidarity-based enterprises (9),

—	having regard to its resolution of 10 September 2015 on Social Entrepreneurship and Social Innovation in combating unemployment (10),

—	having regard to its resolution of 2 July 2013 on the contribution of cooperatives to overcoming the crisis (11),

—	having regard to its resolution of 2 July 2013 on the proposal for a Council regulation on the Statute for a European Foundation (12),

—	having regard to its resolution of 14 March 2013 with recommendations to the Commission on the Statute for a European mutual society (13),

—	having regard to its resolution of 20 November 2012 entitled ‘Social Business Initiative — Creating a favourable climate for social enterprises, key stakeholders in the social economy and innovation’ (14),

—	having regard to its resolution of 19 February 2009 on Social Economy (15),

—	having regard to its resolution of 13 March 1987 on non-profit-making associations in the European Communities (16),

—	having regard to Rule 54 of its Rules of Procedure,

—	having regard to the opinion of the Committee on Regional Development,

—	having regard to the report of the Committee on Employment and Social Affairs (A9-0192/2022),

whereas the social economy encompasses diverse types of private entity independent of public authorities, such as cooperatives, mutual societies, associations (including charities), foundations, social enterprises and other legal formats, all characterised by different operating and organisational principles and features such as the primacy of people as well as social and environmental purposes over profit, the reinvestment of most profits/surpluses in the sustainability of the entity and the general interest of providing goods and services to their members or society at large, and democratic or participatory governance;

whereas, although there is a need for comparable data collection mechanisms on the social economy sector in EU countries, the social economy is said to account for 2,8 million entities in the European Union and employ around 13,6 million workers (between 0,6 and 9,9 % of the workforce, depending on the country) according to the SEAP; whereas the number of social economy entities and the employment rate in the sector in the EU varies depending on the definition of social economy entity, estimates and national statistics; whereas more than a third of paid jobs in the social economy sector are in the social services sector; whereas the social economy offers untapped job creation potential and is an important tool for fighting social exclusion and poverty, not least through active employment initiatives put in place in several Member States, such as zero long-term unemployment territories, whereas the Commission should list and map current initiatives in order to have a better understanding of their functioning and efficiency, and to share best practices with Member States;

C.	whereas the principal of subsidiarity is one of the cornerstones for the functioning of the European Union; whereas the social economy is one of the best examples of its application;

D.	whereas the social economy has played an important role in mitigating and addressing the short- and long-term impacts of COVID-19 on the EU’s social market, society and economy, and has driven and contributed to social and economic resilience thanks to the sustainability of this model;

whereas the social economy contributes to and benefits from well-functioning welfare systems; whereas, however, it is the state and public authorities which have the ultimate responsibility for ensuring universal, affordable and equal access of citizens to a high standard of public services and welfare; whereas social economy organisations play a complementary role, and should continue to do so, but are not replacements for the provision of frontline services by state or regional public bodies;

F.	whereas social economy entities demonstrated great resilience and innovation in the face of adversity but faced difficulties during the COVID-19 pandemic, such as drops in activity, limited cash reserves, or the need to take their business activity online;

G.	whereas the new environmental, economic and social challenges that have been made more urgent by the pandemic have encouraged deeper reflection about the role of the social economy;

whereas social economy entities have a long, yet heterogeneous history in the majority of Member States, most of which have adopted specific laws in this field; whereas social economy entities have established themselves as crucial social and economic actors who can play an important role in the market; whereas they still face significant obstacles that hamper their economic and overall social impact; whereas Member States need to adopt specific legislation to overcome these barriers and enable the consolidation and development of the social economy, and to ensure that social economy entities can compete effectively in all economic sectors;

whereas social economy organisations operate in key sectors such as health, long-term care, social, education and vocational training, culture and the promotion of cultural heritage, advanced technologies, housing, leisure, the circular economy, renewable energy and waste management; whereas by virtue of their local anchoring and social and integrating character they are an intrinsic part of the European social model;

whereas the social economy is an essential component of the EU’s social market economy and a driver for the implementation of the EPSR and its targets; whereas social economy organisations play a role in the updated Industrial Strategy (17) as they lay the ground for a more sustainable and resilient EU economy that leaves no one behind;

K.	whereas the digital transition offers many opportunities for the social economy; whereas the social economy operators need training to keep up in fast-paced, competitive digital markets;

whereas social economy entities have traditionally played an important role in the integration and employment of disadvantaged workers, as well as in the provision of services for them, especially persons with disabilities, including through Work Integration Social Enterprises (WISE) under the UNCRPD, thus improving their wellbeing and mental health;

M.	whereas the social services sector, which is part of the social economy, is coping with challenges such as low wages and precarious working conditions, which need to be effectively tackled;

N.	whereas cooperatives can play a role in the democratisation of digital work, for instance by creating worker-owned labour platforms;

O.	whereas more than 82,2 million volunteers play an active and fundamental role in the social economy (18); whereas volunteering is important both for the younger generation and for older people, for whom in some cases it represents an important opportunity to play an active role in society;

whereas the current situation caused by the war in Ukraine has demonstrated the importance of local communities and solidarity in the European Union and in the countries that border Ukraine; whereas in general the social economy is not well developed in these countries; whereas greater involvement of social economy enterprises could have been a great advantage in coordinating support for the Ukrainian refugees;

Q.	whereas the social economy plays an important role in promoting the inclusive green and digital transition;

R.	whereas Parliament has highlighted in past resolutions the importance of facilitating the development of cross-border activities and the access to the internal market for mutual societies, associations and foundations;

whereas a legal and policy framework that adequately protects and promotes worker cooperative enterprises, a set of policy measures aimed at facilitating business transfers to employees and a high level of organisation and consolidation of worker cooperatives in organisations/federations contribute to successful business transfers to employees;

T.	whereas the social economy model has great potential to reach the most vulnerable and disadvantaged communities, such as Roma, significantly improving their access to rights, resources and services, as well as their professional, social, and civic participation;

U.	whereas social economy organisations are perceived by investors as high risk (19);

Welcomes the Commission’s action plan for the social economy (SEAP), the guiding principles defining the social economy set out therein, the political impetus it provides to the development of the social economy, and the wealth of measures announced; notes, however, that certain aspects related to employment and social affairs in the social economy could be further strengthened;

Underlines social economy’s plurality of aims and the important role it plays in improving the resilience of the economy, ensuring a just transition, reducing inequalities, providing quality employment opportunities to vulnerable groups, promoting independent living, enhancing the sense of community, countering depopulation and strengthening the development of rural areas, implementing the principles of the EPSR and achieving upwards social convergence;

Encourages Member States to take advantage of social economy sector schemes to implement principles of the EPSR;

Affirms that the COVID-19 crisis has highlighted the vital role of social economy organisations in helping people face many difficulties, thereby guaranteeing social cohesion, and that it has shown their relevance and resilience;

Considers that EU and national actions to promote the development of the social economy are particularly relevant in the current context in which, due to the economic and social crisis caused by COVID-19, it is essential to harness the full potential of the social economy to ensure economic recovery, to promote social entrepreneurship and to create quality jobs; stresses that social economy entities play an essential role in improving the resilience of the economy and society following the COVID-19 pandemic;

Underlines that despite the social economy being a considerable source of economic growth and job creation, more needs to be done to promote this model, including the principles of solidarity, social inclusion and social investment which underpin it; urges the Commission and the Member States, therefore, as well as regional and local authorities, to step up efforts to further promote the social economy and mainstream the social economy dimension in relevant policies, programmes and practices, such as those relevant to ongoing transitions such as the green and digital transitions at Union level as well as globally via the EU’s external action;

Encourages Member States to support social economy actors to develop social innovation programmes that improve social service development and delivery and that improve the accessibility of services for the most vulnerable, including people with disabilities and older people;

Reiterates its calls (20) for the ‘think small first’ principle to be set as a guiding principle in the drafting of future legislation and the adoption of policies, without weakening current rules, standards and rights, such as environmental and consumer protection, so as to, on the one hand, make the regulatory frameworks more supportive of micro, small and medium-sized entities in their application of current rules and regulations, and, on the other, to strengthen the development, sustainability and growth of the social economy;

Believes, that concrete strategies and follow-up measures for achieving the SEAP’s objectives should be proposed, taking into account national law and practices; underlines that the interlinkages between the SEAP and other EU initiatives such as the Action Plan of the European Pillar of Social Rights, the European Disability Strategy or the European Platform on Combatting Homelessness need to be further detailed; considers it necessary to establish a calendar for all actions included in the SEAP as well as for their monitoring and evaluation, with a view to guiding the relevant authorities in the implementation of the SEAP and ensuring policy coherence;

10.

Highlights that as it acts in the general interest, social economy entities create jobs, provide socially innovative services and goods, facilitate social inclusions and promote a more sustainable and locally anchored economy; underlines that when the role of the social economy in creating and maintaining employment involves disadvantaged workers and disadvantaged regions, appropriate support is needed to give proper recognition to these entities;

11.

Regrets that 11,6 % of jobs in the private sector of the Member States are undeclared and highlights the need for policy measures to fight undeclared work and effectively enforce workers’ rights; highlights the contribution of social economy organisations, and in particular cooperatives, to combating undeclared work;

12.

Highlights the need to promote the possibilities of direct public funding in the form of grants, e.g. via EU funds, as well as of private investments in the social economy sector, especially given the increased demand for services provided by social economy organisations during the COVID-19 pandemic and in the post-pandemic recovery;

13.

Reiterates that in order to achieve the full potential of the SEAP, the Commission and the Member States must guarantee that the implementation of the SEAP does not leave anyone behind and that it ensures full partnership of all social economy stakeholders, including not-for-profit social service providers and civil society at all levels, including church-based charities, ensuring clarity and coordination between all actors;

Creating an enabling environment for the social economy

14.

Reminds the Member States that the Public Procurement Directive allows contracting authorities to use public procurement to pursue environmental and social objectives, and, in particular, allows for reserved tender procedures for entities that respond to quality criteria and whose main aim is the inclusion in the workforce of persons with disabilities or other groups at risk of social exclusion; calls on public authorities to recognise socially and environmentally responsible public procurement as an investment in the socioeconomic fabric with great potential for combining social and competitive objectives; points out that the inclusion of environmental and social requirements in tenders can be essential to the development of the social economy sector; calls on the Commission to further promote socially responsible public procurement and good practices in order to boost socially responsible business practices and encourages Member States to aim to make all public funding disbursed in the form of public procurement contracts conditional on their compliance with applicable obligations in the fields of environmental, social and labour law established under Union or national law, collective agreements or international environmental, social and labour law;

15.

Encourages the Member States to systematically adopt strategies aimed at developing socially responsible public procurement, thus establishing a link across policy areas between the delivery of services and products and their contribution to social objectives; considers that the transposition of the Public Procurement Directive must be coupled with initiatives to increase knowledge about the relationship between public spending and its contribution to achieving the UN Sustainable Development Goals and to building the capacity of public procurement officers and social economy entities; encourages public procurement officers to carry out pre-market consultations before drawing up tender documents with a view to better understanding what social economy entities can offer and how they can meet tender requirements; calls on procurers not to award contracts solely on the basis of the lowest price but on best value, thus incorporating quality criteria and social impact considerations; calls on the Member States to enhance transparency and prevent corruption in public procurement; highlights the need for the relevant authorities to explore cooperation and partnerships in access to public procurement by social economy entities, as is the case in some Member States;

16.

Highlights that workers’ buyouts can be a possible solution to preventing the job losses arising from a restructuring; welcomes current initiatives in Member States to provide workers interested in a buyout process and cooperatives emerging from workers’ buyouts with business support structures, including legal advice, financial support, help in the preparation of business plans and providing the data needed by external investors; encourages other Member States to implement similar initiatives and to include this topic in the 2023 Council recommendation in order to further support these initiatives at regional and national level; highlights the role of workers’ representatives, including trade unions, in supporting and linking up with federations of cooperatives assisting workers’ buyouts in order to improve their chances of success;

17.

Stresses the need for the Commission to keep on working closely with the Member States to identify tools and solutions to remove obstacles and speed up legal procedures to transfer the ownership of an enterprise to the employees through worker cooperatives or other forms of worker-owned social economy entities; calls on the Commission to set up an EU platform for exchange of best practices between Member States, local and regional authorities and social economy networks;

18.

Underlines the importance of promoting the cooperative model and its principles of workers’ participation and democracy; encourages Member States to create a favourable legal environment for the establishment and functioning of cooperatives, including worker’s cooperatives;

19.

Highlights current EU work to extend the taxonomy for sustainable finance to social objectives; considers that the EU taxonomy needs to be relevant from a social perspective, while at the same time taking the situation of micro-enterprises and SMEs into account, as it can be a driver for investment in the social economy if this investment is properly aligned with the principles and features of the social economy;

20.

Highlights the importance of strengthening the business planning and the implementation and evaluation skills of social economy entities, as well as of relevant media literacy, management skills, participatory leadership, lifelong learning, resilience and skills required for ongoing transitions, including the green and digital transitions, by supporting the Social Economy and Proximity Skills Alliance; looks forward to the forthcoming ‘Pact for Skills for the Social Economy’ to invest in these skills; and calls on the social economy stakeholders to fully align with the targets of the EPSR by making sure that at least 60 % of their employees receive training every year by 2030;

21.

Calls on the Commission to encourage social impact investing and to assess existing measures to increase citizens’ participation in social impact finance initiatives with a view to increasing the funding of social economy entities and the visibility thereof;

22.

Invites the Commission to examine carefully together with social economy stakeholders and academics the feasibility and practicality of social impact bonds;

23.

Regrets that social economy entities do not feature enough in the curricula of mainstream school education and higher education (21); in light of this, invites representative sector bodies and relevant public authorities, in partnership with the relevant stakeholders, to review and evaluate the curricula at all educational levels, from primary to higher education, including vocational and educational training, and put forward policy recommendations; underlines the necessity to promote the social economy among young people; asks the Commission to ensure continuous collaboration between the European Competence Centre for Social Innovation and higher education institutions in all Member States with the goal of developing joint projects and raising awareness of the possibilities that the social economy offers to future young entrepreneurs and underrepresented groups, such as persons with disabilities, women, older persons and socially vulnerable groups;

24.

Highlights that social economy entities have for decades been leaders in implementing circular business models, especially in reusing, repairing and recycling activities, thus accelerating the transition to the circular economy and reinforcing the focus on positive social impact (22), supports the Commission’s initiative to strengthen the capacity of the social economy to further develop greener services and products;

25.

Highlights the distinct nature of renewable energy cooperatives in the social economy, as part of energy communities, in the energy system as they promote sustainable energy production and consumption practices, strengthen community ownership and social innovation, generate widespread benefits and can be used to ensure security of supply in remote locations and on certain islands;

26.

Highlights the fundamental role played by social economy entities, including mutuals, in the care sector and underlines the important growth potential of the social economy in this area, which can respond to the increased demand for care services and address ongoing challenges such as demographic ageing; calls on the Commission and Member States to support a quality care sector with suitable policies and to ensure that the upcoming revision of State aid ensures greater flexibility for social economy entities providing social and healthcare services;

27.

Highlights the importance of attaching greater importance to social impact measurement methodologies and practices; calls on the Commission, with the support of European social economy stakeholders, to carefully assess the development of social impact measurement methodologies, which can suit the diversity of social economy entities and further attract social investments;

28.

Underlines the importance of the social economy in promoting gender equality and providing employment opportunities for women, in particular those in vulnerable situations; stresses that it can be an entry point that facilitates the transition from informal to formal employment; notes that women often make more than 60 % of the workforce in the social economy, and that gaps in pay and leadership have been reported to be lower; calls on the Commission and the Member States to remove all barriers for women in order to achieve gender equality; calls for the strengthening of the gender dimension in policies and access to funding for women engaged in social economy entities given the greater difficulties experienced by women in accessing finance compared to men; asks the Commission to identify a clear role for the social economy in the upcoming European care strategy;

29.

Calls on the Commission and the Member States to set up national, transnational and interregional capacity-building partnerships and formal agreements with social economy networks and their representative organisations; points out that it is necessary to ensure the conditions for the further development and professionalisation of social economy entities, which can be done through the provision of advisory services such as tailor-made mentoring and coaching, financing capacity-building, training and education, skilling and up- or reskilling, incubating services as well as access to legal advice;

30.

Highlights the key role that new technologies and artificial intelligence, when accessible to all, can play in creating jobs and developing and scaling up social economy; stresses the importance of giving social economy entrepreneurs and employees, with a specific focus on vulnerable workers, enhanced access to training programmes on digital skills and advanced technologies, both at Union and national level, and calls on the Commission and Member States to explore how mainstream businesses, the public sector and social economy entities can cooperate to achieve this; notes that the digital transition in the social economy should be encouraged, inter alia, through taxation, public procurement and State aid;

31.

Highlights that the social economy is a way to solve urban challenges; calls for funding to be directed at the local level, including urban areas;

32.

Welcomes the fact that many local and regional authorities already have ambitious strategies and action plans to promote the social economy; acknowledges the need to build capacity at local and regional level and tackle the specific needs of cross-border social economy organisations, especially in rural, insular and remote areas; calls on the Member States to encourage the development of regional strategies for the social economy in all regions and to allocate financial resources according to locally defined priorities; urges the Commission to publish an overview of the diversity of current legal forms of the social economy in the Member States, so that local and regional authorities can focus on them when preparing their strategies;

Tapping into the full potential of EU instruments for the social economy to thrive

33.

Calls on the Member States to provide targeted funding for social economy entities and to make full use of current Union funds to promote the social economy sector and to step up their efforts to absorb the funds that are made available to them for the social economy;

34.

Considers it necessary to make it easier for social economy enterprises to access European funds, including in the context of public/private partnerships, without distorting their legal nature, and to promote their active participation in defining the European policy agenda, such as in the context of the implementation of the EPSR;

35.

Welcomes the proposal to launch a new single EU Social Economy Gateway in 2023; underlines that this initiative has the potential to support social economy entities in providing important information and guidance on relevant Union funding, policies, networks and platforms as well as related initiatives;

36.

Notes the possibilities available under InvestEU to support the social economy; urges the Commission and the implementing partners to design financial products tailored to the needs of social economy enterprises under the Social Investment and Skills Window and to allocate sufficient resources to these products with an emphasis on projects concurrently dealing with the digital transformation and the green transition; notes that sound eligibility criteria should be developed to target financial intermediaries that specifically support the social economy and considers that advisory services should be made available under the InvestEU Advisory Hub in order to maximise the potential of these financial intermediaries to tap into the InvestEU programme; calls on the Commission to ensure that other InvestEU financial products, such as those targeting SMEs are made accessible to social economy entities, most of which are micro, small and medium-sized entities, in order to allow for the development of a pipeline of projects on key topics and improve the long-term economic sustainability of social economy entities as well as their uptake of innovative solutions;

37.

Notes in particular the key role of cohesion policy funds, including the European Social Fund Plus (ESF+) and the European Regional Development-Cohesion Fund, in financing social economy projects; recalls the specific objectives of the ESF+ to improve access to employment for all jobseekers, in particular young people, as well as promote self-employment and the social economy; reminds the Member States that ESF+ funding can be used by public procurement authorities to fund the ‘social clause facilitators’, i.e. professionals in charge of promoting and supporting the implementation of social clauses at local level, and to advise public authorities on the drafting of tender specifications that are accessible to the social economy;

38.

Acknowledges the great potential of the social economy for the creation of quality jobs and paid internships for young people, which can accelerate their integration into the labour market; encourages Member States to use funds available under the reinforced Youth Guarantee to promote social economy among the younger generation as it can enhance their integration into the labour market; welcomes the Commission’s initiative to launch a Youth Entrepreneurship Policy Academy in 2022 under the ESF+ in order to foster youth entrepreneurship and calls on the Commission to devote particular attention to social entrepreneurship and to develop targeted initiatives for helping other underrepresented entrepreneurs in the social economy;

39.

Supports the setting up of national competence centres for social innovation aimed at social entrepreneurs and a European competence centre for social innovation; reminds the Commission and Member States, however, that social innovation is practised by all social economy organisations, including not-for-profit social service providers, as well as social entrepreneurs; calls on Member States to address the specific challenges of the not-for-profit social services sector to allow this sector to continue its innovative path, while retaining grants and subsidies under the ESF+ or the Erasmus+ project;

40.

Welcomes the use of targeted EU funding for projects aimed at developing and enabling the transfer of enterprises to their employees and thus the continuity of the business, including through a takeover by a workers’ cooperative (23);

41.

Calls on the Member States to promote access of social economy entities to NextGenerationEU funding in the context of their national Recovery and Resilience plans, in particular for the promotion of quality employment, social inclusion and an inclusive digital and green transition for all;

42.

Invites the Commission, at the next revision of the General Block Exemption Regulation (GBER), to widen the scope of the Regulation and adequately take into account the specific needs of social economy entities in terms of access to finance and market development; calls on the Commission to better include social considerations in the area of State aid, such as the promotion of the recruitment of disadvantaged workers, including persons with disabilities, especially in the context of the post-COVID-19 recovery, to explore different evidence-based options, after consulting relevant stakeholders, to support the development of social economy entities and to provide clarity and guidance to national authorities on the legal basis to be used to support social economy entities via State aid;

43.

Welcomes the Commission’s plans to consider the launch of dedicated co-investment mechanisms with foundations and philanthropic organisations for target issues such as homelessness;

44.

Urges national, regional and local authorities to better tap into the potential of current rules on the specific provisions for services of general economic interest (SGEI) to access public finance support in under EU State Aid Regulation, not least by making full use of the possibility to recognise social economy entities carrying out an economic activity as an SGEI where relevant;

45.

Welcomes the idea of launching a new initiative under the Single Market Programme to support the creation of partnerships between social economy entities and mainstream businesses, enabling a ‘buy social’ business-to-business market that can strengthen the social economy;

46.

Believes that current labels and certifications for social economy entities could serve as an inspiration to Member States; welcomes the commitment in the SEAP to launch a study on national social economy labels and certification systems with a view to increasing the visibility of the social economy and enabling a well-functioning single market, and, based on the results, explore the possibility of preparing the ground for a more standardised system at Union level; underlines that this study should build on previous findings and involve social economy stakeholders;

47.

Recommends expanding the scope of the European Social Economy Regions network in order to reinforce new regional and local partnerships, and in particular to boost the digital and green transitions in territories;

48.

Encourages the Commission, in cooperation with the Member States, to identify effective tools for supporting and protecting civic space organisations, and social economy entities in particular, in the Member States; stresses that the Citizenship, Equality, Rights and Values Programme, which is aimed inter alia at non-profit organisation, with a budget of EUR 1,55 billion is a meaningful contribution to the challenges faced by civil society in the EU;

49.

Notes that the funding of non-profit organisations often requires co-financing and that requiring too high a share of own resources can be prohibitive; underlines, therefore, that the share of own resources required for co-financing should be evaluated and that different means which could be monetarised need to be taken into account, such as volunteer time or contributions in kind;

50.

Is pleased that the Commission has launched a study providing a comparative analysis of the legal regimes and landscapes of associations in the EU; requests the Commission to submit, on the basis of Article 352 of the Treaty on the Functioning of the European Union, a proposal for a regulation establishing a statute for a European associations based on the recommendations set out in the Parliament’s resolution of 17 February 2022 with recommendations to the Commission on a statute for European cross-border associations and non-profit organisations and in Part I of the annex thereto;

Towards an effective implementation of the SEAP

51.

Strongly welcomes the proposal for a Council recommendation on social economy framework conditions to be approved in 2023; stresses that the recommendation should provide a common Union-level definition of the social economy based on its main principles and features as presented in the SEAP and that both the recommendation and definition need to take into account the diversity of social economy entities in Member States; highlights that the recommendation must have the primary objective of strengthening the legal and policy frameworks for the social economy, especially in Member States where the social economy ecosystem is less developed; believes that the recommendation should clearly highlight the support instruments made available by the EU and provide guidance on specific policies, such as suitable legal frameworks for different kinds of social economy entities, public procurement, State aid, employment, social and health policies, taxation, education, skills and training and the importance of linking ongoing transitions with the social economy agenda;

52.

Underlines the importance of workers’ participation and democratic governance, which are principles recognised in the SEAP, in achieving the objectives of the social economy; stresses that all workers in the social economy must have decent working and employment conditions and career progression perspectives, ideally based on collective agreements; highlights in this context that social economy entities have to comply with trade union rights, social dialogue and collective bargaining; calls on the Commission to ensure that all EU financial support to social economy entities should be made conditional on their compliance with the applicable working and employment conditions and/or employer obligations established by law and/or resulting from collective agreements; stresses that because their model is based on workers’ participation, social economy entities are well-placed to promote social dialogue and collective bargaining; stresses therefore the need to further develop social dialogue, both at national and European level, and collective bargaining in the social economy;

53.

Calls on the Commission and the European External Action Service to promote the social economy internationally and to increase the visibility of the sector in the external dimension of Union policies, inter alia, by acknowledging and including its specific nature in future association agreements and providing information and training on social economy to EU delegation staff, and by assessing how such actions can contribute to the development of the social economy in third countries;

54.

Regrets that Parliament’s past calls on the Commission to submit proposals allowing mutual societies, associations and foundations to act on a European and cross-border scale did not lead to any legislative changes, thus undermining the European social model and hindering the completion of the single market; reiterates Parliament’s call to introduce common minimum standards for non-profit organisations throughout the EU and establish a statute for European associations and calls on the Commission to publicly explain the reasons why Parliament’s calls have not been followed up on; suggests, in view of the window of opportunity opened by the SEAP, as well as of the activities of the Monitoring Committee of the Luxembourg Declaration, which comprises a majority of Member States, that enhanced cooperation be explored as a tool to overcome the aforementioned decades-long deadlocks;

55.

Notes that the full potential of the social economy sector for addressing socioeconomic challenges requires a clear identification of social priorities by public authorities and social economy entities; highlights that social economy projects often require a close partnership with public entities; calls therefore on the Commission and Member States to develop within the macroeconomic governance framework provided at EU level a new social investment strategy where social priorities are clearly identified, in line with the EPSR, and which can provide a framework for cooperation between public authorities and social economy entities;

56.

Calls on the Commission to use the country reports and the country-specific recommendations in the Semester process to monitor the development of the social economy in Europe and calls on the Commission to make its initiatives more ambitious and coherent, and where possible to propose legal measures;

57.

Calls on the Commission to monitor that Member States follow-up on Social Economy commitments in national Recovery and Resilience Plans (RRPs);

58.

Welcomes the announcement that a new study will be conducted to collect qualitative and quantitative information on the social economy across all Member States; calls for this study to cover the different types of social economy entities and to collect disaggregated data on workers; notes that detailed, standardised, comparable and reliable data on the scale and impact of the social economy are needed with a view to facilitating evidence-based policy decisions, future-proofing the development of the social economy and contributing to EU economic and social goals; calls on the Commission, as part of this work, to update the 2012 study on mutuals in the Union in order to identify opportunities and barriers to their development, particularly in healthcare and insurance; calls on the Commission and national statistical authorities to work with Eurostat to collect standardised data and to regularly update and analyse it;

59.

Welcomes the Commission’s work on a transition pathway for the social economy and proximity industrial ecosystems; notes, however, that additional information is required to understand how it will interact with other regional and local initiatives and to ensure effective implementation on the ground;

60.

Calls on the Member States to designate social economy coordinators and to set up local social economy contact points with a view to raising awareness of and facilitating access to support and funding, including EU funding; calls on the Commission to set up a single online EU platform for exchange of best practices between Member States, local and regional authorities and social economy networks, underlines that this platform needs to be managed in cooperation with European social economy networks and the Commission expert group on social economy and social enterprises (GECES); considers that there is a need to ensure close coordination between national coordinators, local contact points, the EU online platform and the EU Social Economy Gateway in order to maximise knowledge exchange and synergies as well as the visibility of opportunities for social economy actors and avoid possible duplication of work;

61.

Calls on the Commission to further collaborate with GECES and to set up an SEAP implementation taskforce including the GECES as well as national coordinators in charge of monitoring and regularly reporting to Parliament, the Council and the relevant stakeholders, including the social partners, and to disseminate its composition and timeline for action;

o o

62.

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

(1) OJ L 94, 28.3.2014, p. 65.

(2) OJ C 116, 31.3.2021, p. 162.

(3) Texts adopted, P9_TA(2022)0044.

(4) OJ C 117, 11.3.2022, p. 53.

(5) OJ C 99, 1.3.2022, p. 122.

(6) OJ C 465, 17.11.2021, p. 110.

(7) OJ C 345, 16.10.2020, p. 2.

(8) OJ C 425, 20.10.2021, p. 2.

(9) OJ C 118, 8.4.2020, p. 145.

(10) OJ C 316, 22.9.2017, p. 224.

(11) OJ C 75, 26.2.2016, p. 34.

(12) OJ C 75, 26.2.2016, p. 11.

(13) OJ C 36, 29.1.2016, p. 111.

(14) OJ C 419, 16.12.2015, p. 42.

(15) OJ C 76 E, 25.3.2010, p. 16.

(16) OJ C 99, 13.4.1987, p. 205.

(17) OECD/European Union, Policy brief on making the most of the Social Economy’s contribution to the Circular Economy, 2022.

(18) https://www.eesc.europa.eu/sites/default/files/files/qe-04-17-875-en-n.pdf

(19) European Commission, Directorate-General for Employment, Social Affairs and Inclusion, Hayday, M., Varga, E., A recipe book for social finance: a practical guide on designing and implementing initiatives to develop social finance instruments and markets, Publications Office, 2017.

(20) In, inter alia, its resolutions of 16 December 2020 on a new strategy for European SMEs (OJ C 445, 29.10.2021, p. 2) and of 24 June 2021 on European regulatory fitness and subsidiarity principle -report on Better Law Making covering the years 2017, 2018 and 2019 (OJ C 81, 18.2.2022, p. 74).

(21) Eurofound, Labour market change. Cooperatives and social enterprises: Work and employment in selected countries, Publications Office of the European Union, Luxembourg, 2019.

(22) OECD/European Commission, ‘Policy brief on making the most of the social economy’s contribution to the circular economy’, OECD Local Economic and Employment Development (LEED) Papers, No. 2022/01, OECD Publishing, 2022.

(23) E.g. Innovative Business Transfer Models for SMEs in the Baltic Sea Region funded under Interreg, the use of European Social Fund and Employment and Social Innovation programme (EaSI) funding, pilot projects supported by the European Parliament, Transfer to Coops and Saving Jobs.

7.2.2023

Official Journal of the European Union

C 47/184

P9_TA(2022)0289

Intersectional discrimination in the EU: socio-economic situation of women of African, Middle-Eastern, Latin American and Asian descent

European Parliament resolution of 6 July 2022 on intersectional discrimination in the European Union: the socio-economic situation of women of African, Middle-Eastern, Latin-American and Asian descent (2021/2243(INI))

(2023/C 47/13)

The European Parliament,

—	having regard to Articles 2 and 3(3) of the Treaty on European Union,

—	having regard to Articles 8, 153(1) and 208 of the Treaty on the Functioning of the European Union,

—	having regard to Article 23 of the Charter of Fundamental Rights of the European Union (the ‘Charter’),

—	having regard to the UN Sustainable Development Goals, and, in particular, goal 5,

—	having regard to the UN Convention on the Elimination of All Forms of Discrimination against Women,

—	having regard to the UN Convention on the Elimination of all Forms of Racial Discrimination,

—	having regard to the UN Convention on the Rights of Persons with Disabilities,

—	having regard to the Beijing Declaration and Platform of Action of 15 September 1995 and the outcomes of its review conferences,

—	having regard to Article 26 of the International Covenant on Civil and Political Rights 1966 and Article 2 of the International Covenant on Economic, Social and Cultural Rights 1966,

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

—

having regard to the joint communication from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy of 25 November 2020 entitled ‘EU Gender Action Plan (GAP) III — an ambitious agenda for gender equality and women’s empowerment in EU external action 2021-2025’ (JOIN(2020)0017), and to the accompanying Joint Staff Working Document entitled ‘Objectives and Indicators to frame the implementation of the Gender Action Plan III (2021-25)’ (SWD(2020)0284),

—	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 Commission communication of 5 March 2020 entitled ‘A Union of Equality: Gender Equality Strategy 2020-2025’ (COM(2020)0152),

—	having regard to the Commission communication of 18 September 2020 entitled ‘A Union of equality: EU anti-racism action plan 2020-2025’ (COM(2020)0565),

—	having regard to the Commission communication of 7 October 2020 entitled ‘A Union of Equality: EU Roma strategic framework for equality, inclusion and participation’ (COM(2020)0620),

—	having regard to the Commission communication of 12 October 2020 entitled ‘Union of Equality: LGBTIQ Equality Strategy 2020-2025’ (COM(2020)0698),

—	having regard to Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (1) (‘Racial Equality Directive’),

—	having regard to Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (2) (‘Employment Equality Directive’),

—	having regard to the Generation Equality Forum held from 29 to 31 March 2021 in Mexico City, and from 30 June to 2 July 2021 in Paris,

—	having regard to its resolution of 21 January 2021 on the gender perspective in the COVID-19 crisis and post-crisis period (3),

—	having regard to its resolution of 24 June 2021 on the situation of sexual and reproductive health and rights in the EU, in the frame of women’s health (4),

—	having regard to its resolution of 10 March 2022 on the EU Gender Action Plan III (5),

—	having regard to its resolution of 17 September 2020 on the implementation of National Roma Integration Strategies: combating negative attitudes towards people with Romani background in Europe (6),

—	having regard to its resolution of 26 March 2019 on fundamental rights of people of African descent in Europe (7),

—	having regard to the European Institute for Gender Equality (EIGE) report entitled ‘Intersecting inequalities: Gender Equality Index 2019’,

—	having regard to the EuroCentralAsian Lesbian* Community (EL*C) report of 29 June 2021 entitled ‘Resistance as a Way of Living: Lesbian lives through the COVID-19 Pandemic’,

—	having regard to the EL*C report of 1 October 2021 entitled ‘Lesbophobia: an intersectional form of violence’,

—	having regard to the European Union Agency for Fundamental Rights (FRA) report of 14 May 2020 entitled ‘A long way to go for LGBTI equality’ (FRA LGBTI Survey II),

—	having regard to the EL*C report of 7 February 2022 entitled ‘A bitter pill to swallow: gaps and discriminations in access to healthcare for lesbians’,

—	having regard to the European Network against Racism (ENAR) report of 14 September 2020 entitled ‘Intersectional discrimination in Europe: relevance, challenges and ways forward’,

—	having regard to the Commission’s ‘Guidance note on the collection and use of equality data based on racial or ethnic origin’ (8),

—	having regard to the European Network of Equality Bodies report entitled ‘Collection and Use of Complaints Data by Equality Bodies’ (9),

—	having regard to the European Handbook on Equality Data (10),

—	having regard to the Commission’s common guiding principles for national action plans against racism and racial discrimination of March 2022,

—	having regard to the ENAR shadow report entitled ‘Racism & Discrimination in Employment in Europe 2013-2017’ (11),

—	having regard to the UN International Decade for People of African Descent 2015-2024,

—	having regard to the FRA report of 4 April 2019 entitled ‘Second European Union Minorities and Discrimination Survey — Roma women in nine EU Member States’ (12),

—	having regard to the FRA report of 15 November 2019 entitled ‘Second European Union Minorities and Discrimination Survey — Being Black in the EU’ (13),

—	having regard to the Center for Intersectional Justice fact sheet of April 2020 entitled ‘Intersectionality at a Glance in Europe’ (14),

—	having regard to the UN Women and UN Partnership on the Rights of Persons with Disabilities resource kit published in 2021, entitled ‘Intersectionality Resources and Toolkit: An Intersectional Approach to Leave No One Behind’ (15),

—	having regard to Rule 54 of its Rules of Procedure,

—	having regard to the letter from the Committee on Culture and Education,

—	having regard to the opinion of the Committee on Civil Liberties, Justice and Home Affairs,

—	having regard to the report of the Committee on Women’s Rights and Gender Equality (A9-0190/2022),

whereas many women face intersecting inequalities and discrimination in the EU; whereas intersectional discrimination refers to a situation in which several grounds of discrimination operate and interact with each other, for example gender with other grounds of discrimination, such as race, colour, ethnic or socio-economic status, age, sexual orientation, gender identity and expression, sex characteristics, genetic features, religion or belief, nationality, residence status, migrant background, or disability, among others, in a way that is inseparable and produces specific types of discrimination;

whereas intersectional discrimination differs from multiple discrimination, which occurs when each type of discrimination can be proved and treated independently; whereas in the case of intersectional discrimination, the grounds of discrimination are intertwined, which creates a unique type of discrimination; whereas intersectionality allows a perspective that accounts for intersecting grounds without prioritising one over the other; whereas an intersectional approach caters to the multidimensionality of people’s experiences and identities and entails a bottom-up approach; whereas using an intersectionality approach in analysis and policies requires thinking differently about identity, equality and power imbalances;

whereas applying an intersectional analysis allows us to address and understand social inequalities, exclusion and discrimination from a comprehensive, systemic and structural perspective, while overcoming a single-axis approach to discrimination; whereas EU policies have not involved an intersectional approach thus far; whereas they have focused only on the individual dimensions of discrimination, which downplays its institutional, structural and historical dimensions;

D.	whereas the impact of racism and the process of racialisation is often overlooked as an important phenomenon preventing equality in Europe; whereas intersectional policies cannot be implemented without centring racialised people at the intersections of discrimination;

whereas the achievement of gender equality cannot occur if all multiples types of discrimination, intentional and unintentional, in their individual, structural, institutional and historical forms, have not been eradicated; whereas applying an intersectional approach aims to examine the intersections between racism/colonialism, economic inequality and patriarchy; whereas traditional anti-discrimination laws fail to combat all forms of discrimination and their compounded negative effects on the women concerned and not all Member States explicitly cover multiple discrimination and intersectional discrimination in their national legislation (16);

whereas women are not a homogenous category and understanding their diversity is key to ensuring that policymaking does not continue to directly or indirectly discriminate and/or render certain groups of women invisible, for example socioeconomically disadvantaged women of African, Middle-Eastern, Latin-American, Romani and Asian descent; whereas women, particularly women with disabilities, migrant and ethnic minority women, Black women, women of colour, Roma women, older women, women with lower education levels, women with health problems, and LGBTI+ women, are more often subject to multiple and intersectional forms of discrimination;

whereas a key challenge in operationalising intersectionality and addressing intersecting forms of discrimination is the absence of intersectional equality data; whereas the paucity of relevant data leads to serious shortcomings and prevents the EU and Member States from actively monitoring the situation of inequality and addressing and analysing the extent of intersectional discrimination in Europe, including the situation of minority and marginalised groups; whereas some Member States currently do not collect this kind of data thus leaving groups of people invisible in policymaking; whereas the collection of such data, particularly on race, ethnicity and disability, should be provided voluntarily and anonymously in accordance with data protection standards and in line with the Istanbul Convention;

whereas implementing intersectional policy means undertaking thorough impact assessments of policies and legislation, removing measures that are detrimental to marginalised groups at the intersections of discrimination and securing the meaningful participation of people affected by inequalities in all their diversity in designing, adopting and implementing policies and measures;

whereas women subjected to intersecting types of discrimination face multiple obstacles in accessing the formal labour market, leaving them vulnerable to discrimination, poverty, economic exploitation, social exclusion and gender-based violence, including sexual harassment and mistreatment; whereas across the EU 91 % of Black women are overqualified in their jobs, compared with 48 % of white women, and consistently deal with discrimination and micro-aggressions, resulting in higher rates of burnout; whereas the recognition of diplomas acquired abroad can still represent a significant challenge;

J.	whereas nearly three quarters (72 %) of all victims of trafficking in the EU and 92 % of the victims trafficked for sexual exploitation are women and girls; whereas women in precarious situations facing poor housing conditions, social exclusion and discrimination are even more vulnerable;

whereas in the field of employment, women continue to be overrepresented in precarious and low-payed sectors, which can lead to them facing discrimination, sexual harassment and mistreatment; whereas barriers to joining and remaining in the labour market are often amplified by the intersection of gender with additional factors, for example racial or ethnic origin, religion or belief, disability, age, or sexual orientation, and have significant detrimental economic and social consequences for Member States; whereas as result of these barriers, racialised women tend to predominantly engage in occupations with a higher risk of developing occupational diseases;

whereas migrant women are victims of racism and xenophobia throughout the EU; whereas this contributes to poverty and social exclusion and consequently makes it difficult to get access to resources and basic social services, such as health care, housing, social security, and access to the employment market, education, training and work promotion; whereas nearly one in three non-EU born women work in precarious jobs in the EU and 18 % of migrant women are at risk of poverty;

whereas women from the most marginalised groups account for the majority of lowest paid positions in care services, doing the heaviest, indirect care work or domestic work and often face gender segregation, racism, poor working conditions and pay and violence and harassment at work (17); whereas the precarious situation faced by migrant domestic workers, who are primarily racialised women, and especially young workers, is an example where the intersectionality of race, gender, socio-economic status and nationality is visible; whereas in most EU countries, long-term residence work permits are often available only for highly skilled and highly paid jobs, relegating medium- and low-skilled workers to exploitation and precarious contracts in undervalued sectors;

whereas only 20 % of women with disabilities are in full-time employment in the EU and have significantly lower incomes (18); whereas estimates indicate that 22 % are at risk of poverty or social exclusion; whereas women with disabilities face significant barriers to education, with 13 % of women with disabilities in the EU having a university degree compared with 29 % of women without disabilities;

whereas on several occasions, the respondents in the FRA LGBTI Survey II highlight additional grounds for discrimination, with 40 % facing additional discrimination on account of being a member of an ethnic minority or having an immigrant background, 15 % on account of their skin colour, 36 % on account of having a disability and 28 % on account of religion; whereas afrophobia, islamophobia, antigypsism and antisemitism are widespread forms of racism in the EU and are often fostered through populist and right-wing discourses;

whereas lesbophobia must be understood as violence at the intersection of homophobia and misogyny, constituting a type of violence with its own roots, patterns, modes and consequences formed by this intersectional experience; whereas one in six lesbian or bisexual women (16 %) reported episodes of discrimination when accessing healthcare or social services;

whereas the high unemployment rate among Roma women cannot be explained by one single factor, such as discrimination on the basis of ethnicity, gender or socio-economic background, as these grounds are mutually reinforcing; whereas only 16 % of Roma women are employed compared with 34 % of Roma men; whereas they also lack adequate access to education and more than a quarter (28 %) of Roma women, compared with 6 % of Roma men, are engaged in unpaid domestic work, including care of children and relatives, reinforcing the difficulty of breaking the poverty cycle;

whereas the prevalence of discrimination on the grounds of racial or ethnic origin remains consistently high, both over time and across different population groups in different Member States; whereas FRA survey data show that people with racial, ethnic minority or migrant backgrounds (including Roma, Muslims, Jews and people of African descent) regularly experience high levels of discrimination based on their ethnic or racial origin as well as their religion or belief in different areas of life; whereas islamophobia and antisemitism are persistent forms of hatred and discrimination; whereas 71 % of Jewish people at least occasionally avoid carrying or displaying items that reveal them to be Jewish; whereas more than one third (39 %) of all Muslim women who wear religious dress in public have experienced inappropriate staring or offensive gestures;

whereas high degrees of prejudice and the subsequent policies concerning the display of religious symbols and clothing further trigger unequal treatment and multiply the related barriers, which has a particularly negative impact on Muslim women, when accessing the labour market and housing, excluding them from the public space and any form of meaningful participation in societal processes and decisions, thereby keeping them in a precarious socio-economic situation;

whereas the COVID-19 pandemic has exacerbated existing structural gender inequalities, in particular for girls and women from marginalised groups, and whereas reports of gender-based violence due to lockdown measures have risen rapidly; whereas the pandemic had a disproportionate effect on the job stability of all women, but in particular Black women, women of colour and women from ethnic minorities, and whereas the economic and job recovery is lagging behind specifically for Black women compared with White women;

whereas racialised women, women from disadvantaged socio-economic backgrounds, women with disabilities, migrant women and LGBTIQ+ people face additional barriers and violence in accessing health care and health information, including sexual and reproductive health and rights, as a result of discriminatory laws and policies, stigma and stereotypes; whereas these women are more likely to face gynaecological and obstetrical violence during pregnancy and the delivery, and whereas a lack of comprehensive education and the unavailability of methods of contraception affect them in a disproportional way; whereas the training of healthcare professionals can be beneficial in this regard, ensuring the basic right of access to healthcare services, which should also include access to high-quality and targeted mental health facilities;

whereas racialised women are more likely to have their symptoms dismissed by medical providers as medical education in many Member States does not address diseases and symptoms that affect women of African, Middle-Eastern, Latin-American and Asian descent; whereas in some European countries Black women are four times as likely and Asian women twice as likely to die in childbirth compared with White women, and women of African descent have a higher risk of dying from life-threatening diseases even though these are less prevalent among them; whereas improving access to health care, as well as preventing, eliminating and penalising all forms of discrimination which limit access to health care for all women, is essential in order to reinforce women’s ability to exercise their fundamental rights;

whereas Roma women still face racism and discrimination in access to health care and support services in the case of violence; whereas in some Member States Roma women still experience ethnic segregation in reproductive healthcare settings, facing increased forms of verbal, physical, and psychological violence and harassment, including during childbirth, and are often victims of trafficking and/or sexual exploitation; whereas Roma women and women with disabilities have been subjected throughout their history to systematic practices of forced and coercive sterilisation in the EU and many have been denied effective remedies;

whereas LGBTQI people across Europe still face discrimination when accessing healthcare services, with 16 % of survey respondents reporting that they have felt discriminated against by healthcare or social services staff because of their identity, and whereas trans people report especially high levels of transphobic and disrespectful behaviour towards them by healthcare personnel; whereas in several Member States trans people are subjected to the practice of forced sterilisation or medicalisation, both of which violate human rights standards;

whereas social and legal changes, as well as research in the medical and biological field, have led to the recognition of diversity in the definition of ‘sex’ in addition to women and men; whereas sex discrimination has been interpreted in the case-law of the Court of Justice of the European Union more broadly to include transgender persons who undergo medical transition;

whereas intersecting types of discrimination can have a serious impact on the life of victims of gender-based violence such as female or intersex genital mutilation, for example by limiting or impeding their access to the prevention, support and protection services they need as a result of a combination of types of discrimination and cultural and linguistic barriers, leading to an increased risk of complications or having a negative impact on their mental health; whereas professionals entering in contact with victims of gender-based violence often lack training, including on intersectionality; whereas gender-based violence is both the consequence and one of the causes of persisting gender inequalities;

AA.

whereas 1 in 3 trans people experience discrimination when searching for employment and this number increases to 1 in 2 trans women; whereas 26 % of trans women in the EU have experienced homelessness at some time in their lives and 25 % say they are able to make ends meet only with difficulty or great difficulty; whereas racialised trans women in the EU experience unique and extraordinary structural and institutional discrimination that impacts their access to education, employment, health care and housing and their ability to remain out of poverty or social exclusion;

AB.

whereas the quality of housing is often poorer for marginalised groups, which leads to higher exposure to harmful environmental influences resulting in diseases for them and their children; whereas the current rise in energy prices will have a stronger impact on women from disadvantaged socio-economic backgrounds;

AC.

whereas women with disabilities are 10 times more likely to experience physical or sexual assault than women without disabilities; whereas trans women and intersex persons experience more physical violence and sexual assaults than other LGBTQ+ categories; whereas 27 % of Muslim women of African descent who indicated that they wear religious dress outside of the house report that they have experienced inappropriate staring or offensive gestures, 15 % have experienced verbal insults or offensive comments and 2 % have been physically attacked;

AD.

whereas too many women, and particularly migrant and ethnic minority women, Black women, women of colour and LGBTIQ+ women, continue to be subjected to sexual harassment in public spaces and in the workplace because of persisting stereotypes and are at higher risk of economic and sexual exploitation;

AE.	whereas hate speech and hate crime against persons of Asian origin, particularly members of Chinese communities, or those perceived to be of Asian origin, increased during the COVID-19 pandemic, including racist attacks and beatings, violent bullying, threats, racist abuse and cyber violence;

AF.

whereas criminal justice systems and law enforcement should take into account an intersectional approach as a legal concept in their practices and decisions to avoid exacerbating discrimination, poverty and exclusion, which could have a detrimental impact particularly on women in all their diversity from vulnerable groups;

AG.

whereas the under-reporting and under-recording of hate-motivated crimes, violence and verbal abuse remain a challenge owing to a lack of trust in public authorities and to structural barriers; whereas this entails the risk that governments do not see the prevalence, thus do not see the structural problem and therefore fail to act; whereas 88 % of hate-motivated physical attacks against Roma people are not reported, together with 79 % of the most serious antisemitic harassment incidents, and 80 % of cases of physical or sexual violence against LGBTIQ+ people; whereas this impunity represents not only the risk of repeating and aggravating violence, but also the risk of victims feeling disregarded and forgotten by society;

AH.

whereas LGBTIQ+ children and those with a minority racial or ethnic background are targets of discrimination, which hinders them in accessing key services such as education; whereas across all EU Member States, 80 % of people from the LGBTIQ+ community experienced bullying at school due to their real or perceived sexual orientation and whereas Roma children and children with disabilities are often excluded from mainstream inclusive education; whereas children of rainbow families are often stigmatised, making them targets of discrimination and bullying that affects their educational performance and employment prospects, their daily lives and their personal and family well-being;

AI.	whereas high-quality, inclusive, comprehensive and appropriate education on equality, respect and tolerance starting at a very early stage is the best tool for tackling racism and discrimination on multiple grounds and building inclusive societies (19);

AJ.	whereas women facing intersectional discrimination are at a higher risk of having their children taken into state custody and being denied adequate financial support to raise their children;

AK.	whereas social biases and structural inequalities may be integrated into new technologies, including artificial intelligence, and this is a matter of concern;

AL.

whereas although ending child marriage is considered a priority in the 2015-2019 Action Plan on Human Rights and Democracy, the EU Gender Action Plan for 2016-2020 and the EU Strategic engagement to gender equality 2016-2019, it still occurs in some Member States; whereas this issue is widespread in marginalised communities, affected by low levels of education and high rates of poverty; whereas although the Istanbul Convention calls for criminalising the act of forcing a child to enter into marriage, some Member States still refuse to ratify it and in their legislation they allow child marriage;

AM.	whereas women’s NGOs and their networks make a considerable contribution to upholding women’s rights and combating discrimination against women;

Intersectional discrimination policymaking

Stresses the need for EU policymaking to address and eliminate intersecting forms of discrimination, including through EU anti-discrimination and gender equality legislation and policies; calls for the policies and actions under the Union of Equality to be strengthened, enhanced and adapted if necessary and for an EU framework on intersectional discrimination with cross-cutting objectives and measures to be promoted; recognises the need to mainstream equality and gender equality into EU policies and create inclusive solutions that protect the most marginalised and those facing intersectional discrimination in our communities;

Calls for the creation of a mainstreaming mechanism for cooperation and coordination for EU and national equality policies, ensuring that all types of discrimination, especially those which intersect, are taken into account in the review and adoption of policies, including through systematic gender and equality impact assessments; encourages the Member States to adopt or strengthen criminal and civil law prohibiting both intersectional and multiple discrimination and calls for the development of EU guidelines, including the exchanges of good practices on the adoption of an intersectional approach in policymaking;

Calls on the incoming EU presidencies and the currently blocking Member States to make equal treatment and the fight against discrimination in all its forms a key priority in order to break the deadlock and adopt the Anti-Discrimination Directive without delay in order to achieve harmonised protection for all people within the EU in the fields of social protection, including social security and health care, social advantages, education and access to and supply of goods and services, including housing; calls for measures to ensure that this directive is able to address intersectional discrimination, which is missing from the current legislative framework, and secure inclusion and protection for all racialised women;

Urges the Commission and the Member States to ensure the enforcement of existing EU anti-discrimination and gender equality legislation and to launch infringement proceedings if Member States do not transpose or fully implement that legislation;

Calls on the Commission and the Member States to, based on voluntary participation, confidentiality, anonymity, self-identification and informed consent, take steps toward the collection of reliable and comparable equality data, including data disaggregated by gender, racial and ethnic origin (as defined by the EU Racial Equality Directive), sexual orientation and identity, while respecting the key principles and standards of EU data protection and fundamental rights, for the purpose of identifying the root causes, measuring the extent of and combating racism and discrimination in accordance with the relevant national legal frameworks and working towards using such data to inform its policymaking; notes that equality data is a key tool to understand, uncover and combat all types and dimensions of discrimination, especially the intersectional, structural and institutional ones; calls for the EU to encourage the collection of such data and provide technical support to implement existing Commission guidelines on the matter and to promote the participation of the affected communities in the process;

Takes note of the ongoing revision of the European statistics on population; calls on the Commission to ensure that this revision encompasses as many explicit grounds of discrimination as possible, so as to ensure the collection of reliable equality data;

Welcomes the appointment of a Commissioner for Equality and EU coordinators for combating racism, as well as for combating antisemitism and fostering Jewish life and the creation of a coordinator on combating anti-Muslim hatred; calls for the immediate appointment of the coordinator on anti-Muslim hatred, the position of which has remained vacant for a year; stresses that in order to institutionalise an approach that takes intersectionality into account, the Commission should appoint coordinators aligned with all of the individual equality strategies and always implement a gender mainstreaming approach that creates policies for women in all their diversity; believes that the collective work of such coordinators will help to institutionalise intersectionality, contribute to the important work of the Commissioner for Equality and strengthen the implementation of each strategy;

Calls for the role and cooperation of the Commission’s Task Force on Equality to be reinforced and its cooperation with other bodies to be stepped up in order to ensure that all policy measures include an intersectional perspective based on impact assessments of policies and legislation; notes that the mandate of this Task Force must be institutionalised, more transparent and work in close collaboration with groups concerned by intersectional discrimination; invites the Commission to reflect further on how to best draw the strategic potential of this initiative; notes that the role of Commissioner for Equality needs to be strengthened to carry out and supervise impactful gender and equality mainstreaming;

Considers the Commission’s Disability Platform to be a flagship initiative with strategic potential; invites the Commission to set up similar structures to ensure full implementation of all strategies under the Union of Equality framework;

10.

Welcomes the different recent relevant strategies from the Commission, in particular the EU LGBTIQ+ Equality Strategy 2020-2025 (20) and the EU Gender Equality Strategy 2020-2025 (21), which both include an intersectional approach; calls on the Commission and the Member States to mainstream an intersectionality perspective and ensure that existing policies and legislation do not have any indirect and unintended adverse effects, such as the remarginalisation of certain groups, in particular racialised women; deeply regrets, in this regard, the lack of an intersectional dimension in the EU’s New Pact on Migration and Asylum (22);

11.

Welcomes the increasing mention of intersectionality in EU documents, including in the proposal for a pay transparency directive but regrets the lack of clearly defined targets, indicators and actions to implement it;

12.

Points out that in recent years, case-law of the Court of Justice of the European Union has reflected an intersectional approach to some extent, based on a capacious interpretation of some of the existing grounds under the EU anti-discrimination legislation drawing on the model of the Convention on the Elimination of Discrimination against Women (CEDAW) and the Convention on the Rights of People with Disabilities (CRPD), which regard women and persons with disabilities respectively as including intersections of disadvantage; fully supports the further development and facilitation of such an approach where possible, also in light of the flexibilities under Article 21 of the Charter;

13.

Recalls that the principle of equal treatment for men and women cannot be confined to the prohibition of discrimination based on a person’s given sex, and that it also applies to discrimination arising from a person’s gender identity; recalls that the Court of Justice of the European Union has interpreted sex discrimination within the principle of equal treatment as encompassing transgender persons who have undergone a medical transition, yet notes that no such judgments have been issued concerning non-binary or intersex persons, questioning the utility and capacity of EU non-discrimination legislation for the large trans population in Europe who cannot or will not access gender affirmation health care or for intersex persons; recalls that such individuals will be without remedy if they suffer discrimination compared with those who have physically altered their bodies; recalls the need for EU anti-discrimination to go beyond the gender binary and recognise gender discrimination; calls on the Commission to come up with a legislative proposal that avoids any risk of legal uncertainty in this matter;

14.

Highlights the need for a comprehensive directive on gender-based violence with an intersectional approach, covering all women and girls in all their diversity and LGBTIQ+ people on the grounds of gender identity, gender expression or sex characteristics; stresses that in the proposal for a directive on combating violence against women and domestic violence the intersectional approach is mentioned but regrets that it has not been adequately mainstreamed;

15.

Underlines the need to recognise how racialised women are at a heightened risk of violence and that intersecting forms of discrimination exacerbate the consequences of gender-based violence, including due to the persisting biases and stereotypes prevailing in law enforcement policies and bodies and re-victimisation of marginalised people; calls on the Member States to ensure that instances of gender-based violence are appropriately investigated, prosecuted and sanctioned and that victim-support services are comprehensive enough to address all forms of violence with a victim-centred approach, particularly that which results from intersectional discrimination;

16.

Calls on all EU institutions, bodies and agencies and Member States to step up their response to the phenomenon of harassment of women; calls on the Commission and the Member States to counter online harassment, which targets girls and women disproportionately, particularly those in public and political life;

17.

Calls on the Commission to operationalise intersectionality in the upcoming directive to strengthen the role and independence of equality bodies and to include the intersectionality perspective in the evaluation and implementation criteria of the Victims’ Rights Directive and the Anti-Trafficking Directive by assessing the impact on the most marginalised groups, especially racialised women, ensuring consultation with a diversity of stakeholders and requesting the collection of disaggregated equality data; stresses that these are important steps towards designing and strengthening strong and effective EU-level legal protections against all forms of discrimination across the EU;

18.

Stresses that the European motto ‘United in Diversity’ does not only apply to the Union and its European Member States, but also to the diversity found inside each of the Member State’s populations and should be jointly promoted as a strength and an asset;

19.

Calls for a dedicated Council configuration on equality and gender equality;

20.

Recalls that new technologies, including artificial intelligence, can exacerbate and compound existing inequalities and discrimination; further recalls the potential risks of these technologies for women in all their diversity facing intersectional discrimination, in particular racialised women; calls on the Commission and the Member States to ensure that artificial intelligence systems are guided by the principles of transparency, explainability, fairness and accountability and that measures, including audits, are put in place to prevent these systems from exacerbating discrimination, racism, exclusion and poverty;

21.

Underlines the importance of having disability-sensitive policies that take an intersectional approach;

Power and representation

22.

Welcomes the Commission’s commitment to reach gender parity at all levels but regrets the lack of diversity targets and the lack of overall diversity in the EU institutions; highlights in this respect the important role model function of public services and institutions;

23.

Calls for an increased presence of women in all their diversity in high-level and decision-making positions and for positive action measures, such as temporary quotas, incentive mechanisms and mentorships, for women facing intersectional discrimination to attain positions in public institutions, including in the EU institutions, to ensure a fair representation of the diversity of society in decision-making; notes that quotas alone are not sufficient to address structural discrimination in a holistic way;

24.

Calls on the Member States to develop and adopt national action plans against racism and racial discrimination, against Roma discrimination and to foster LGBTIQ+ equality in accordance with the strategic frameworks; notes that this should be done in close collaboration with civil society organisations, including racialised women and non-binary people; calls on the Commission to ensure that the comprehensive assessment of the legal framework as outlined in the anti-racism action plan is implemented with an intersectional approach and explicitly considers the impact of women subject to intersecting forms of discrimination, such as racialised women;

25.

Calls for the Member States and the EU to provide implicit bias and awareness-raising training courses and campaigns within their institutions, including in judicial institutions, asylum processing and intake centres, education, and for the police, healthcare professionals and other civil servants, and to address the effects of the implicit biases on decisions, actions and interactions generated resulting from persistent stereotypes, and the under-representation of certain groups in these sectors and highlights that these biases lay the ground for discrimination and exclusion;

26.

Calls on the Commission to earmark funding under the Citizens, Equality, Rights and Values programme to grassroots civil society organisations led by and for women facing intersectional discrimination and to design grants specifically for projects which are aimed at combating intersectional discrimination in the EU;

27.

Calls on the Member States to design targeted policies and maximise the use of EU funding from the multiannual financial framework and the Recovery and Resilience Facility to support women affected by intersectional discrimination;

28.

Calls on the Commission to ensure that the EU budget allocated to renovation in the areas of housing and energy specifically supports low-income households, which are often those of women from African, Middle-Eastern, Latin-American and Asian descent;

29.

Notes the importance of reaching out to young women from diasporas and marginalised groups, many of whom work in care services and who frequently face discrimination on the labour market and who are often overqualified and underemployed in their jobs;

30.

Calls on the Commission and the Member States to support single mothers of African, Middle-Eastern, Latin-American and Asian descent in order to ensure their full participation in society;

31.

Stresses the importance of a variety of perspectives in the media and audio-visual industries and their role as opinion formers; therefore calls on the Commission and the Member States to enact all necessary measures to promote the visibility of the contributions of women from diasporas, their presence at all levels, especially in decision-making roles and to counter discrimination and harassment; insists on the value of raising the awareness through a variety of means including the training of journalists and other media professionals against discrimination and unconscious bias;

32.

Highlights the role of grassroots sports in social inclusion and healthy lifestyles and hence the negative impact of lower participation rates among girls and women from diasporas; therefore urges the Commission, the Member States and international, European and national sports governing bodies and stakeholders to implement measures to counter organisational cultures that hinder women from diasporas from joining clubs and participating in grassroots and professional sports and from achieving leadership positions in sports such as low visibility in media coverage, and disparities in wages, premium pay and awards; insists on sustained efforts to tackle all forms of violence, harassment and stereotypes;

Ensuring equal access and equal rights

33.

Calls on the Member States to ensure that the Council Framework Decision on combating racism and xenophobia13, the Racial Equality Directive, the Victims’ Rights Directive and the Employment Equality Directive are consistently implemented; calls on the Commission to regularly monitor and evaluate the realisation of equal treatment taking into account the views of the European Union Agency for Fundamental Rights and the European Gender Equality Institute and to take relevant action, including the launch of infringement proceedings against those Member States that fail to eliminate practices of segregation;

34.

Calls for awareness-raising through a variety of means, including targeted campaigns and training to combat discrimination, unconscious bias, and the gender and diversity segregation of the labour market, with the aim of countering prevalent prejudices, as manifested in the structural barriers faced by Roma and Muslim women, trans migrants and asylum seekers, and women with disabilities, among others;

35.

Highlights the importance of combating stereotypes and discrimination at a very early age and thus calls for analyses of bias, stereotypical representations and missing representations in teaching materials, their potential revision and bias-free education; calls on the Member States and encourages them to ensure human rights education, to develop awareness-raising campaigns targeted at young people with a view to combating intersectional discrimination, combating racism and promoting equality and non-discrimination in education at every level of schooling starting at an early age; recognises the role of schools and teachers in promoting equality, gender equality, respect, awareness-raising and non-discrimination and the importance of better intercultural sensitivity among school personnel and more inclusive educational systems in Member States;

36.

Calls for access to inclusive, quality education, training, skills development and decent employment to be ensured for marginalised girls and young women in all their diversity, and calls on the Commission to support Member States with targeted Erasmus+ projects, including for STEAM subjects and by giving them fair visibility in textbooks and other didactic materials, which could also serve as a tool for empowering these girls and women and facilitate their transition to the labour market; stresses the intricate impact of children’s education on women’s professional and personal endeavours and recalls the need for all children to effectively access free education as provided for by EU law; calls on the Member States to apply an intersectional approach, addressing the specific needs of children in marginalised groups, when implementing the recommendation on a European Child Guarantee;

37.

Calls on the Member States and the Commission to create more inclusive education programmes for people with disabilities, in order to tackle the education and subsequent employment gap, as the continued high rate of young people with disabilities who leave school early might indicate difficulties in accessing suitable educational programmes;

38.

Highlights the high potential and importance of multilingualism for our societies, and underlines that every language needs to be valued the same way and that a theoretical hierarchy of languages is based on bias and stereotypes;

39.

Calls for special attention to be paid, in particular in the care sector, that would allow effective prevention of labour exploitation, gender-based violence and other forms of ill-treatment, and facilitate the exercise of labour rights and the rights of potential victims of exploitation, the majority of whom are women, including among the most marginalised groups and those of different decent, whose representation is disproportionately high in the care sector;

40.

Calls on the Member States to support the creation of new measures, including legal pathways across sectors, according to the national context, and also for medium- and low-skilled workers, that promote autonomy, decent work, workers’ fundamental rights and social inclusion among women, including women of the most marginalised groups or women from diasporas; calls for an intersectional assessment within the current revision of the EU asylum and migration policies and for policies granting individuals migration status to account for status independent of a spouse, partner or employer with a view to eliminating ties that restrict options and limit opportunities and safety;

41.

Highlights that migrant women are often victims of trafficking and other forms of violence such as gender-based violence, forced marriage and genital mutilation, which are still too often not recognised in asylum procedures; stresses the importance of taking into account the specific experience of women victims of intersectional discrimination in the design, implementation and evaluation of asylum, migration and integration policies;

42.

Notes that women are disproportionately criminalised due to their situation or status and are prevented from equal access to justice as a result of gender stereotyping, discriminatory laws, intersecting or compounded discrimination, and procedural and evidentiary requirements and practices; calls on the Commission and the Member States to ensure that access to justice is physically, economically, socially and culturally available to all women;

43.

Calls on the Member States to apply a comprehensive and intersectional approach to all stages of the criminal justice system and to ensure access to justice for women in all their diversity facing intersectional discrimination, including access to quality legal assistance and in a language that they can understand;

44.

Calls for holistic, rights-based, multi-disciplinary and person-centred approaches to protection and support services (including gender-based violence and trafficking) that address the institutional factors that push women into situations of dependence and abuse, and for real opportunities to be provided for decent and stable residence and work permits, and non-discriminatory access to services, support and remedy;

45.

Notes that due to a lack of generational wealth, women of African, Middle-Eastern, Latin-American and Asian descent often struggle to finance small businesses and underlines that the promotion of entrepreneurship among these groups can offer great opportunities to foster their economic independence and empowerment;

46.

Calls on the Member States to develop specific work-life balance measures to allow the most marginalised women to reconcile work, education and professional advancement with their family obligations and to counter discrimination and bias, which continue to affect them on the labour market, in education and everyday life;

47.

Notes that access to health care can be impaired by the compounded effect of intersectional discrimination; calls on the Member States to ensure universal and accessible healthcare coverage, including specialised mental health services, and to urgently remove the barriers that exist to health care for all, including for migrants in an irregular administrative situation and with a specific focus on women in all their diversity; highlights that access to health care should never be impaired by ignorance, bias or stigma; stresses the importance of healthcare professionals in providing care in a humane, non-discriminatory and non-judgmental manner, respecting free, prior and informed consent and patients’ rights; notes that there is a substantial lack of data on women from marginalised groups and migrant women accessing health services, especially mental health services;

48.

Calls on the Member States to take note of the compounded effect of intersectional discrimination on access to healthcare diagnosis, particularly concerning reproductive health and specifically for Black women, women of colour and minority women; recalls that sexual and reproductive health and rights are fundamental human rights to which all people, in their diversity, should have safe and legal access;

49.

Calls on the Member States to adopt and implement strategies, policies and programmes to advance the sexual and reproductive health and rights of marginalised groups of women and to eradicate the systemic, financial, legal, practical and social barriers they face and to ensure sexual and reproductive health and rights are protected and respected in all Member States; calls on the Member States to promote family planning and comprehensive age-appropriate sexuality education and to help women in vulnerable or precarious situations to access free contraception in all its different forms, and to ensure that they will not face any discriminatory practices in access to health services;

50.

Encourages the Member States to ensure accessible and transparent legal gender recognition procedures based on self-determination and in line with the World Health Organization’s ICD-11, to recognise trans, non-binary and intersex people in law and to abolish barriers such as mandatory surgical interventions or mandatory psychological counselling; urges the Member States to ban intersex genital mutilation and to ensure that intersex infants are not subjected to non-vital medical or surgical treatment during infancy or childhood;

51.

Calls on the Member States to end the practice of forced sterilisation, forced abortion and forced contraception, including of women with disabilities and Roma women and medicalisation for trans people, and to respect their physical and bodily integrity; calls on the Member States to ensure effective and timely remedies for all survivors of forced and coercive sterilisation and forced divorce, including through the establishment of effective reparations schemes;

52.

Recalls that women in all their diversity, in particular those facing intersecting forms of discrimination, in marginalised situations and in conflict settings, are disproportionally affected by climate change and its consequences; calls on the Commission and the Member States to ensure that all climate action includes an intersectional perspective, including gender and race, and that targeted funds and measures are implemented to that end and to guarantee the equal participation of women in all their diversity in decision-making bodies at international, European, national and local level;

53.

Urges the Member States to take swift, effective and coordinated action to protect the human rights and address the sexual and reproductive health needs of women and girls and marginalised populations affected by the conflict in Ukraine;

o o

54.

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

(1) OJ L 180, 19.7.2000, p. 22.

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

(3) OJ C 456, 10.11.2021, p. 191.

(4) OJ C 81, 18.2.2022, p. 43.

(5) Texts adopted, P9_TA(2022)0073.

(6) OJ C 385, 22.9.2021, p. 104.

(7) OJ C 108, 26.3.2021, p. 2.

(8) https://ec.europa.eu/info/sites/default/files/guidance_note_on_the_collection_and_use_of_equality_data_based_on_racial_or_ethnic_origin_final.pdf

(9) https://equineteurope.org/wp-content/uploads/2021/07/Collection-and-use-of-complaints-data.pdf

(10) https://ec.europa.eu/info/policies/justice-and-fundamental-rights/combatting-discrimination/equality-data-collection_en#equality-data

(11) https://ec.europa.eu/migrant-integration/sites/default/files/2018-07/ENAR_Shadowreport_2013_2017.pdf

(12) https://fra.europa.eu/sites/default/files/fra_uploads/fra-2019-eu-minorities-survey-roma-women_en.pdf

(13) https://fra.europa.eu/en/publication/2018/being-black-eu

(14) https://www.intersectionaljustice.org/img/2020.4.14_cij-factsheet-intersectionality-at-a-glance-in-europe_du2r4w.pdf

(15) https://www.unwomen.org/sites/default/files/2022-01/Intersectionality-resource-guide-and-toolkit-en.pdf

(16) ‘A comparative analysis of gender equality law in Europe 2020’.

(17) https://www.europarl.europa.eu/RegData/etudes/STUD/2020/662491/IPOL_STU(2020) 662491_EN.pdf

(18) https://www150.statcan.gc.ca/n1/pub/89-503-x/2015001/article/14695-eng.htm

(19) https://rm.coe.int/ecri-general-policy-recommendation-no-10-key-topics-combating-racism-a/16808b75f7

(20) Commission communication of 12 November 2020 entitled ‘Union of Equality: LGBTIQ Equality Strategy 2020-2025’ (COM(2020)0698).

(21) Commission communication of 5 March 2020 entitled ‘A Union of Equality: Gender Equality Strategy 2020-2025’ (COM(2020)0152).

(22) Commission communication of 23 September 2020 on a New Pact on Migration and Asylum (COM(2020)0609).

7.2.2023

Official Journal of the European Union

C 47/213

P9_TA(2022)0298

Financial activities of the European Investment Bank — annual report 2021

European Parliament resolution of 7 July 2022 on the financial activities of the European Investment Bank — annual report 2021 (2021/2203(INI))

(2023/C 47/18)

The European Parliament,

—	having regard to Articles 15, 126, 174, 175, 177, 208, 209, 271, 308 and 309 of the Treaty on the Functioning of the European Union (TFEU) and to Protocol No 5 to the Treaties on the Statute of the European Investment Bank (EIB),

—	having regard to the EIB’s approval of the ratification of the Paris Agreement by the EU of 7 October 2016,

—	having regard to the EIB Group’s Complaints Mechanism Procedures, published on 13 November 2018,

—	having regard to the EIB’s energy lending policy, published on 14 November 2019,

—	having regard to the adoption of the Climate Bank Roadmap 2021-2025 by the EIB Board of Directors on 11 November 2020 and to the EIB’s new climate strategy of 15 November 2020,

—	having regard to the EIB Group Operational Plan 2021, published on 20 January 2021,

—	having regard to the EIB Investment Report 2020/2021: Building a smart and green Europe in the COVID-19 era, published on 21 January 2021,

—	having regard to the EIB Financial Report 2020, published on 3 May 2021, and its report on EIB financing and borrowing activities 2020, published on 5 May 2021,

—	having regard to the EIB Operations Evaluation Activity Report 2020 and Work Programme 2021-2023, published on 3 June 2021,

—	having regard to the EIB publication of 14 June 2021 entitled ‘A partnership with Africa: How the European Investment Bank delivers on EU policies in Africa and our future plans for development and partnership across the continent’,

—	having regard to the EIB Group Charter for Internal Audit, published on 29 July 2021,

—	having regard to the EIB Group anti-fraud policy, published on 5 August 2021, and its EIB Fraud Investigations Activity Report 2020, published on 29 July 2021,

—	having regard to the EIB Group Risk Management Disclosure Report 2020, published on 9 August 2021,

—	having regard to the EIB Group evaluation policy, published on 19 August 2021,

—	having regard to the EIB Diversity and Inclusion 2020 Progress Report, published on 12 October 2021,

—	having regard to the EIB Cohesion Orientation 2021-2027, published on 13 October 2021,

—	having regard to the EIB Climate Adaptation Plan, published on 26 October 2021,

—	having regard to the Tripartite Agreement between the European Commission, the European Court of Auditors and the European Investment Bank, which came into force in November 2021,

—	having regard to the EIB Group transparency policy, published on 18 November 2021, and to its whistleblowing policy, published on 24 November 2021,

—	having regard to the EIB Investment Survey 2021 — European Union overview, published on 2 December 2021,

—	having regard to the EIB Group Corporate Governance Report 2020, published on 9 December 2021,

—

having regard to the EIB Impact Report 2020: climate action, environmental sustainability and innovation for decarbonisation, published on 20 December 2021, to its report entitled ‘The path to a better planet: Adapting to climate change and aligning with the Paris Agreement’, published on 28 October 2021, and to the EIB Climate Adaptation Plan: supporting the EU adaptation strategy to build resilience to climate change, published on 26 October 2021,

—	having regard to the EIB Group PATH Framework — Supporting the counterparties on their pathways to align with the Paris Agreement (Paris Alignment for Counterparties), published on 26 October 2021,

—	having regard to the EIB Investment Report 2021/2022 — Key Findings: Recovery as a springboard for change, published on 12 January 2022,

—	having regard to the EIB’s 2020 activity report entitled ‘Crisis Solutions’, published on 20 January 2021, and its 2021 activity report entitled ‘The Innovation Response’, published on 27 January 2022,

—	having regard to the judgment of the General Court (First Chamber) of 30 March 2022 in Case T-299/20, KF v EIB,

—	having regard to the comments issued by the Office of the UN High Commissioner for Human Rights in August 2021 on the Draft Environmental and Social Sustainability Framework (ESSF) of the EIB Group,

—	having regard to cases 1065/2020/PB, 1251/2020/PB and 1252/2020/PB concerning the EIB, which were decided by the European Ombudsman on 21 April 2022,

—

having regard to the European Ombudsman’s recommendation in case 2168/2019/KR on how the European Banking Authority handled the move of its former Executive Director to become CEO of a financial industry lobby, and its decision in case OI/3/2021/KR on how the European Defence Agency handled the application by its former Chief Executive to take on senior positions at Airbus,

—	having regard to the European Court of Auditors Special Report of 26 May 2021 entitled ‘Gender mainstreaming in the EU budget: time to turn words into action’,

—	having regard to the Environmental and Social Policy of the European Bank for Reconstruction and Development of April 2019,

—	having regard to the EIB Group Operational Plan 2022-2024, published on 27 January 2022,

—	having regard to the EIB Group Environmental and Social Sustainability Framework, adopted on 2 February 2022,

—	having regard to the EIB’s Ukraine Solidarity Urgent Response, adopted on 4 March 2022,

—	having regard to the Commission communication of 14 October 2020 entitled ‘Chemicals Strategy for Sustainability — Towards a Toxic-Free Environment’ (COM(2020)0667),

—	having regard to the Commission communication of 11 December 2019 on the European Green Deal (COM(2019)0640) and to Parliament’s resolution of 15 January 2020 thereon (1),

—	having regard to the Commission communications of 20 May 2020 entitled ‘EU Biodiversity Strategy for 2030 — Bringing nature back into our lives’ (COM(2020)0380) and ‘A Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system’ (COM(2020)0381),

—	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),

—	having regard to the Commission communication of 12 May 2021 entitled ‘Pathway to a Healthy Planet for All — EU Action Plan: “Towards Zero Pollution for Air, Water and Soil”’ (COM(2021)0400),

—	having regard to the Commission communication of 8 March 2022 entitled ‘REPowerEU: Joint European Action for more affordable, secure and sustainable energy’ (COM(2022)0108),

—	having regard to Regulation (EU) 2021/523 of the European Parliament and of the Council of 24 March 2021 establishing the InvestEU Programme (2),

—

having regard to Regulation (EU) 2021/1056 of the European Parliament and of the Council of 24 June 2021 establishing the Just Transition Fund (3) and to Regulation (EU) 2021/1229 of the European Parliament and of the Council of 14 July 2021 on the public sector loan facility under the Just Transition Mechanism (4),

—	having regard to Regulation (EU) 2021/947 of the European Parliament and of the Council of 9 June 2021 establishing the Neighbourhood, Development and International Cooperation Instrument — Global Europe (5),

—	having regard to the UN Sustainable Development Goals,

—	having regard to the 2019 report by Counter Balance entitled ‘Is the EIB up to the task in tackling fraud and corruption? Challenges for the EU Bank’s governance framework’,

—	having regard to its resolution of 16 January 2020 on institutions and bodies of the Economic and Monetary Union: preventing post-public employment conflicts of interest (6),

—	having regard to the European Ombudsman’s letter of 22 July 2016 to the President of the EIB on conflict of interest issues and to the President of the EIB’s reply of 31 January 2017,

—	having regard to the European Ombudsman’s inspection report of 18 May 2022 in case OI/1/2021/KR on how the Commission handles the challenge of ‘revolving door’ situations involving its (former) staff members,

—	having regard to Rule 54 of its Rules of Procedure,

—	having regard to the report of the Committee on Budgets (A9-0165/2022),

A.	whereas under Article 309 TFEU, the EIB is tasked with contributing to the achievement of the EU’s objectives, including through various investment instruments such as loans, equities, guarantees, risk-sharing facilities and advisory services;

whereas the EIB signed loans for approximately EUR 95 billion in 2021 and supported circa 430 000 small and medium-sized enterprises (SMEs) and mid-caps, which are the backbone of the EU single market; whereas EUR 75 billion was linked to EIB Group operations and the remaining loans were in the framework of the European Guarantee Fund; whereas EUR 20,7 billion of the EIB Group’s financing supported innovation, including investment in digitalisation and the promotion of skills and training for the digital world, making a substantial contribution to EU global competitiveness and employment; whereas the total signature amount is more than any other multilateral bank and a record for the EIB;

whereas Russia attacked Ukraine on 24 February 2022, creating a humanitarian crisis in Ukraine and fundamentally impacting the economic and security situation in the EU and its neighbourhood; whereas the EIB’s Board of Directors approved a EUR 668 million Emergency Solidarity Package for Ukraine on 4 March, followed by subsequent payments to the Government of Ukraine for the most urgent needs; whereas the EIB pledged EUR 4 billion at Stand Up For Ukraine, a global fundraising event to support the victims of the Russian invasion and support Ukrainian war refugees in Member States, with a view to financing key social infrastructure, including housing, schools, hospitals and kindergartens;

whereas the coronavirus pandemic has been a severe global shock with far-reaching social and economic consequences; whereas during the pandemic, the EIB signed around EUR 6,3 billion worth of loans as part of the COVID-19 response in the health sector, including projects for health and hospital infrastructure and medical equipment, as well as strengthening the medical health system with pandemic preparedness interventions; whereas resources mobilised during the pandemic have been an attractive target for fraud and corruption, as underlined in the EIB Fraud Investigations Activity Report 2020; whereas the EIB should take the necessary measures to ensure that resources reach their intended beneficiaries;

whereas the social and economic consequences of the COVID-19 crisis and the illegal, unprovoked and unjustified military aggression against and invasion of Ukraine have had a major impact on fair, inclusive and sustainable growth, investment, resilience, employment, education and socio-economic inequalities; whereas high inflation and rising energy, fuel and food prices disproportionately affect the most disadvantaged households in society;

General remarks

Stresses the fundamental role of the EIB as the EU’s public bank and the only international financial institution that is entirely owned by Member States and fully guided by EU policies and standards in supporting the social and economic recovery and targeting investments for attaining the EU’s objectives; takes note of the EIB Investment Report 2021/2022 and the EIB Group Operational Plan 2022-2024; welcomes the EIB’s record investment of almost EUR 95 billion of financing in 2021 and the bank’s focus on the EU’s long-term challenges of climate change, social cohesion and digital transformation;

Condemns in the strongest possible terms the Russian Federation’s illegal, unprovoked and unjustified military aggression against and invasion of Ukraine, as well as the involvement of Belarus in this aggression; underlines the fact that the war has created a severe humanitarian crisis and has had a fundamental impact on the economic and security situation in the EU and its neighbourhood, which needs to be reflected in the EIB’s activities and investment plans more broadly;

Welcomes the EIB’s reaction to the Russian invasion in Ukraine by approving the Emergency Solidarity Package, which consists inter alia of immediate financial support of EUR 668 million to the Ukrainian authorities by accelerating disbursements under existing loans and a commitment to accelerate the delivery of an additional EUR 1,3 billion; notes that this package includes both immediate financial support and support to infrastructure in the medium and longer term, including rebuilding efforts as soon as a free and independent Ukraine is re-established after the war; calls on the EIB to work on action plans for incentivising EU direct investments in Ukraine, including new post-war economic and social projects, such as schools, social housing and hospitals; highlights the importance of coordinated efforts in the response to the Ukraine crisis;

Calls on the Commission and the Member States to swiftly put in place a reporting mechanism to inform competent authorities about any and all assets held in European financial institutions by Russian and Belarusian natural and legal persons with links to the Putin and Lukashenka regimes, including in the EIB Group where relevant; calls on the EIB to be highly vigilant and closely follow new sanctions and measures agreed by the Council; recalls that the EIB ceased its operations in Russia following the illegal annexation of Crimea in 2014; expects the EIB, furthermore, to halt the involvement of any Russian direct or indirect partners involved in investment projects, including through financial intermediaries;

Calls on the Member States, in their capacity as shareholders, to increase the EIB’s capitalisation to enable more long-term loans and innovative instruments to finance projects with great potential for sustainability, social and innovation gains in key EU policy areas like digitalisation and the green transformation while maintaining the EIB’s current high credit rating;

Welcomes the fact that the EIB supported more than 430 000 SMEs employing 4,5 million people in 2021; calls on the EIB, however, to provide additional growth capital to enable SMEs to scale up their operations; notes that the current high energy prices also impact SMEs’ competitiveness; invites the EIB to assess whether the current level of support for SMEs is sufficient in the context of high energy prices and rising costs of raw materials;

Applauds the fact that a record EUR 20,7 billion of the EIB’s financing went to supporting innovation in 2021, including investment in digitalisation and the promotion of skills and training for the digital world; considers that this kind of investment is of paramount importance to maintain Europe’s competitiveness and pursue the EU’s strategic autonomy and is particularly relevant to employees in sectors requiring significant adjustment and requalification;

Welcomes the new Cohesion Orientation, which commits to increasing EIB lending activities to 45 % of total EU-27 lending in cohesion regions by 2025 and to 23 % in least developed regions; stresses the importance of increased climate action in the regions concerned, with a view to promoting economic, social and territorial convergence and a just transition leaving no one behind, and stresses that investments should be selected on the basis of financial, economic and technical merit; calls on the EIB to continue to address systemic deficiencies that prevent certain regions or countries from taking full advantage of EIB financial opportunities, inter alia by strengthening its efforts to expand its loan activities by providing technical assistance, capacity-building and advisory support, especially in innovation, digitalisation, infrastructure, SME support and projects aimed at generating high-quality employment, and by prioritising projects that reduce inequalities and promote social diversity and inclusion; calls, in this regard, for increased support for advisory services such as the Joint Assistance to Support Projects in European Regions (JASPERS), the European Local Energy Assistance (ELENA) and Fi-Compass;

Applauds the timeliness of the European Guarantee Fund to help mitigate the negative social and economic impacts of the COVID-19 pandemic, including by supporting SMEs; notes that as of 31 December 2021, the EIB approved EUR 23,2 billion in European Guarantee Fund operations (95 % of the EUR 24,4 billion available), which represents about one third of what the EIB Group normally invests in a year; notes that without transparency regarding its final beneficiaries, it is difficult to draw conclusions about the fund’s impact on the European economy; calls, therefore, for a thorough assessment of the fund, evaluating to what extent the EIB’s involvement brought added value and to what extent the fund delivered on its objectives as the instrument is phased out, and the level of transparency in its implementation; calls for the assessment to be made public; welcomes the fact that an evaluation of the European Guarantee Fund is on the way and looks forward to receiving it;

10.

Takes note of the new Environmental and Social Sustainability Framework (ESSF); welcomes the adoption of sustainable finance as an operating model; calls for its swift implementation and for the EIB to establish clear and stringent procedures on how to carry out due diligence; calls, in addition, for all provisions in the ESSF to be properly reflected in contracts and for the application of the do no significant harm principle in all EIB operations;

11.

Welcomes the signature of the InvestEU agreement between the EIB and the Commission on 7 March 2022 and the fact that the European Investment Fund is a separate implementing partner; calls for the swift implementation of the new InvestEU Advisory Hub and underlines the need to speed up negotiations with other implementing partners;

Climate bank

12.

Welcomes the fact that 43 % of lending in 2021 was climate and environment related — up from 40 % in 2020 — and applauds the intention to meet the climate landing target in 2022; further welcomes the fact that — excluding the European Guarantee Fund mandate, which specifically targets SMEs hit by the pandemic — the EIB’s green financing share actually rose to 51 %; reiterates that all of the EIB’s financial flows should be fully consistent with net zero emissions by 2050 at the latest and with the EU’s increased climate objective for 2030; underlines that the climate transition must be inclusive and fair; stresses that green investments must be viable and the EIB must maintain a high credit standing (AAA); calls on the EIB, in this regard, to leverage its lending, financial instruments, technical assistance and advisory services to support people and regions facing socio-economic challenges deriving from the transition towards a carbon-neutral economy; highlights that the Climate Bank Roadmap (CBR) is a good starting point, but further action will be needed to ensure alignment with the objectives of the Paris Agreement, while keeping the 1,5 oC objective within reach, and a just transition; reiterates that large-scale change can only be achieved if industry is taken on board and the necessary incentives are provided for innovative climate solutions and for creating high-quality jobs; calls for all action plans for the implementation of the CBR to be made public as soon as possible in order to provide an overview of the actions planned to achieve the targets and to assess their adequacy;

13.

Looks forward to the CBR’s mid-term review and stresses that it must serve to boost the transformation of the institution into a genuine climate bank which facilitates the preservation of natural resources and the protection of the environment; expects all lending to be harmonised with the objectives of the Paris Agreement, while keeping the 1,5 oC objective within reach, and the EU’s climate and environmental commitments; calls for the CBR mid-term review to include a solid assessment of less carbon-intensive alternatives and ‘Scope 3’ emissions for each project; expects detailed annual progress reports on the CBR for all operations as of 2023, including the degree to which it is aligned with the EU’s climate objectives;

14.

Welcomes the Paris Alignment for Counterparties and expects it to be implemented in full; reiterates its call for financial intermediaries and not only corporate clients to have decarbonisation plans as soon as possible and by the end of 2025 at the latest; stresses that such new requirements must not be to the detriment of access to finance for SMEs; calls for a focus on the credibility of short-term decarbonisation plans; calls for stringent implementation of those plans and greenhouse gas emissions reduction targets and for an evaluation to ascertain whether these can be included in contractual clauses between the EIB and its clients; expects the EIB to systematically check and ensure compliance, in particular as regards ESSF implementation;

15.

Welcomes the EIB’s increasing investments in energy in Europe, rising from EUR 10 billion in 2018 to over EUR 14 billion in 2021; calls on the EIB, in the light of the recent geopolitical developments, to speed up and increase investments in the EU’s energy security and reaffirms that enhancing EU energy security is compatible with the EIB’s role as a climate bank, as well as the aim of reducing energy poverty, which is becoming especially acute due to rapidly rising energy and fuel prices; reiterates its call on the EIB to implement the principle of energy efficiency in full and to set an objective of tackling energy poverty in its energy lending; reiterates its support for the EIB’s 2019 energy lending policy; calls on the EIB to prioritise funding for renewable energy investments, energy efficiency and energy security, which will increase the EU’s independence from third countries; calls on the EIB to scale up lending for such projects to help quickly reduce dependence on energy and raw material imports from Russia and other third countries;

16.

Welcomes the EIB Climate Adaptation Plan and the commitment to increase the share of climate action for adaptation to 15 % of the overall climate target by 2025; reiterates its call for harmonised screening methods to assess physical climate risk for all EIB lending activities, including those conducted through financial intermediaries;

17.

Recalls, in view of the upcoming mid-term review of the energy lending policy, the statement made by President Hoyer at the EIB Group’s annual press conference on 27 January 2022: ‘We believe that we have a mission to concentrate on sustainability and achieving the Paris goals with the means of a long-term investor institution. […] Therefore I don’t see a change in our energy lending policy’; calls on the EIB to respect the recommendations of the Platform on Sustainable Finance and stop financing stranded assets and activities that are incompatible with the goals of the European Green Deal and related EU strategies; calls on the EIB to particularly focus on investments in projects that increase the security of energy supply by diversifying energy sources and suppliers, as well as reducing the EU’s dependence on energy from third countries; encourages the EIB to cooperate with local and regional authorities and facilitate financing for smaller projects, including community-led initiatives that focus on renewable energy sources; calls on the EIB to ensure that its investments in social and affordable housing, which are to be welcomed, also contribute to improvements in energy efficiency;

18.

Regrets the delays in the transport lending policy review; expects a proposal to be devised that is fully aligned with the objectives of the Paris Agreement, while keeping the 1,5 oC objective within reach, including a vision for the EIB’s role in decarbonising mobility with a specific focus on company level transition; expects EIB loans to reduce the environmental impact of transport, while improving the quality and affordability of the services provided, and expects no new loans to be granted that hinder transport decarbonisation or the transition towards more sustainable and affordable zero-emission mobility; stresses the major risk of stranded assets in the transport sector; believes that more funding should be directed at zero-emission mobility, especially cycling and the development and modernisation of public transport, multimodal services, including as part of sustainable urban design projects, and better transport services for underserved communities and localities; calls for more funding to decarbonise the maritime sector;

Biodiversity and sustainability

19.

Welcomes the updated ESSF standard 4, namely the inclusion of ‘halt and reverse biodiversity loss’ as a principle, and limiting offsetting, in particular in high biodiversity areas, and calls for its diligent implementation; welcomes the efforts made to strengthen biodiversity risk assessment and due diligence through the Integrated Biodiversity Assessment Tool; expects the data used to be up to date; is concerned, however, at the use of outdated data; expects the EIB to comply with Articles 11 and 191 TFEU and to stop disbursing funds, and to withdraw them if necessary, if evidence or a serious risk of adverse impacts on the climate, the environment or local communities is formally established, inter alia via environmental impact assessments;

20.

Recalls the target of the EU biodiversity strategy for 2030 to unlock at least EUR 20 billion per year for spending on nature; underlines that society as a whole benefits from nature restoration, which is critical for a wide range of economic sectors, and that the cooperation of Member States with the EIB and other financial institutions can be key to closing the financing gap; acknowledges the challenges and progress achieved during the implementation of the Natural Capital Financing Facility; reiterates its call for a grant component to be provided under the facility or any successor instrument, taking the model of the Just Transition Mechanism as inspiration, to support initial scaling-up of local projects and facilitate revenue generation; calls for the launch of an independent public evaluation embedded within a broader assessment of supporting ecosystem and biodiversity restoration; notes that new instruments are due to replace the Natural Capital Financing Facility under the 2021-2027 multiannual financial framework; urges the EIB, therefore, to exclude biodiversity offset projects in protected areas and high biodiversity areas from new instruments;

21.

Notes that Ukraine and Russia are major producers of food crops including wheat, corn and barley; notes that the war has severely impacted the Ukrainian agriculture sector; notes, furthermore, that Russia and Belarus are major producers of fertilisers; regrets that the war may have major spill-over effects on cross-border supply chains, food and fertiliser prices, the affordability of food in the EU, and the security and affordability of food globally; encourages the EIB to use its operations to facilitate the implementation of the goals of the European Green Deal, the farm to fork strategy and the biodiversity strategy for 2030, as well as all relevant and upcoming EU regulations on deforestation-free products and restoration stemming from these strategies; calls on the EIB not to support activities that hinder the transition towards a fully sustainable agriculture sector and natural resource management projects that do not respect planetary boundaries; calls for the EIB not to support any form of industrial farming or farming practices that do not comply with EU animal welfare standards, as set out in Parliament’s recommendation of 20 January 2022 to the Council and the Commission following the investigation of alleged contraventions and maladministration in the application of Union law in relation to the protection of animals during transport within and outside the Union (7);

22.

Reiterates its call for the EIB to support the goals of the EU chemicals strategy for sustainability as part of its new operations, by boosting innovation for safe and sustainable-by-design chemicals, materials and products, the circular economy action plan based on non-toxic material cycles and the action plan towards zero pollution for water, air and soil; welcomes the doubling of the Clean Oceans initiative (from EUR 2 to 4 billion by 2025) to reduce plastic waste; underlines that emphasis should be placed on projects aimed at finding sustainable alternatives to single-use plastics; calls on the EIB not to fund or contribute in any way to the development of deep sea mining; welcomes the EIB’s decision to provide technical assistance and project financing to the Global Methane Commitment;

23.

Welcomes the ongoing multi-currency issuance of climate awareness bonds and sustainability awareness bonds; welcomes, moreover, the commitment to aligning with the EU Green Bonds Standard and any future ‘Social Bond Standard’, to increasing transparency in particular, and to improving bond allocation and impact reporting; insists that any such steps taken must not lead to standards being lowered;

Social responsibility, health and gender

24.

Welcomes the inclusion of labour rights in ESSF standard 8 and calls for the stringent implementation of the latter; calls on the EIB to ensure that labour rights are better accounted for in its operations through the inclusion of contractual clauses requiring promoters to assess labour risks, and to ensure that labour rights are fully protected throughout the entire supply chain; calls on the EIB to help support an inclusive recovery following the pandemic through investments in the social sector, including in energy-efficient social housing, education, health and skills, and underlines the importance of developing fair, safe and healthy working conditions and respecting labour rights;

25.

Welcomes the fact that the EIB has played a key role in supporting the EU’s response to the health crisis; calls on the EIB to continue investments in making the public health sector more resilient, curbing the long-term negative impacts of the pandemic and enhancing preparedness for future pandemics;

26.

Underlines that development investments which involve women and take their needs into account are more effective and sustainable; calls on the EIB to contribute to the full implementation of the EU’s gender commitments including the third gender action plan, by systematically collecting targeted gender-disaggregated data and making it public; urges the EIB to assess the gender impact of projects within and outside the EU, and to report on the results of its assessments; considers that data should be collected on projects to demonstrate how they are contributing to gender equality and women’s empowerment; urges the EIB to assess the gender impact of projects and to liaise with independent experts to this end; calls on the EIB to ensure its advisory and technical assistance is equipped to advance gender equality and inclusive development, notably by having the necessary expertise, with a particular focus on training; highlights the need to step up lending to female-led SMEs to promote a gender-equal recovery;

27.

Regrets that the EIB failed to meet its original gender balance targets for 2021 and that women remain underrepresented in senior positions at the EIB; calls on the EIB, therefore, to step up its efforts to improve the gender balance across all levels of the organisation;

28.

Underlines the role of the EIB in contributing to the fulfilment of European priorities; expects the bank to support projects that deliver on the implementation of the European Pillar of Social Rights, the Sustainable Development Goals and the social recommendations identified in the country-specific recommendations under the European Semester; stresses the importance of dialogue and consultation with civil society organisations and encourages the EIB to strengthen its commitment to such activities; welcomes the EIB’s investment in education and reiterates its call on the EIB to increase its investment in education in order to help mitigate the severe impacts of the coronavirus crisis on education systems globally;

NDICI — EIB Global

29.

Expresses its support for EIB Global and considers that the EIB can play a key role in supporting the EU’s strategic interests; recalls that the EIB’s geographical scope is aligned with that of the World Bank; expects EIB investments in third countries to be fully aligned with EU climate, biodiversity and social standards applicable to intra-EU lending and with EU external action policies, including investments made as an implementing partner in the Global Gateway initiative; calls on the EIB to increase its engagement in less developed countries and those experiencing conflict and extreme poverty; calls for public consultation and full transparency on the strategies linked to EIB Global with a particular focus on the role of recipient countries and specific chapters on human rights due diligence; calls for full accountability and transparency of EIB Global’s governing body and Advisory Council, including proactive publication of the agendas and minutes of meetings of its new Advisory Council; calls for staff to be given suitable training in development matters to help them implement EU Global and Team Europe initiatives; calls on the Commission to clarify the use of the guarantees under the European Fund for Sustainable Development Plus managed by the EIB and other financial institutions in the implementation of the Global Gateway initiative;

30.

Recalls the EU’s global commitment to defending and promoting human rights, which are indivisible, universal and interdependent; views the new ESSF as a good starting point, but reiterates its repeated request that additional action will be needed to ensure further improvements in the protection of human rights and in procedures to prevent human rights violations; recalls that the EIB is directly bound by the Charter of Fundamental Rights; points to the comments made by the Office of the UN High Commissioner for Human Rights on the EIB’s draft ESSF and urges the EIB to take them fully and promptly into account, particularly those on human rights due diligence and the integration of human rights into its due diligence procedures, human rights impact assessments, and the need for the EIB’s general human rights commitment to be anchored in a responsibility to respect human rights; calls for these issues to be addressed in the upcoming statement on human rights; strongly believes that the EIB should not disburse loans in the event of clear human rights retaliations; calls for the EIB to make every effort to protect local communities, including by withdrawing funding where appropriate; expects, furthermore, immediate action to be taken when a client or beneficial owner is involved in reprisals against a human rights or environmental rights defender; expects the EIB to implement Parliament’s long-standing requests for it to avoid such situations, notably by establishing contractual requirements, including a requirement to obtain free, prior and informed consent from local communities, where applicable under international law, including for projects financed through financial intermediaries; expects the EIB to request that its clients conduct human rights impact assessments of their projects, as well as continuously monitoring the implementation of those projects on the ground, in order to prevent any abuse, unfair expropriation or violence against local populations; calls, in this regard, for the EIB to actively engage with local communities and inform them of their rights accordingly, with a particular focus on implementing free, prior and informed consent, including their access to the Complaints Mechanism;

31.

Believes that the implementation of EIB Global should be able to rely on an adequate level of staff based outside its Luxembourg headquarters to ensure a presence on the ground and effective cooperation with the European External Action Service and its delegations, as on-site expertise and follow-up of projects is key to supporting local communities; calls for a reinforcement of staff on the ground, especially local workers, in order to meet local needs with strengthened technical skills, including expertise on human rights and gender equality; expects a concrete human resources plan to be published in 2022 for the implementation of EIB Global and calls on the EIB to urgently strengthen mechanisms to fight fraud, corruption and other prohibited conduct, especially as part of efforts to increase its presence outside the EU; urges the EIB to expand its cooperation with national authorities in partner countries; recalls that the Nairobi regional headquarters has been in operation since 2019; welcomes the decision of November 2021 to upgrade it into the EIB’s new Nairobi Hub, facilitating cooperation with Kenyan, African, Team Europe and global partners, contributing to a better reflection of private and public investment priorities, and expanding expertise on climate action, innovation and digital investment;

32.

Stresses the importance of coherence, additionality and efficiency of development finance; calls on the EIB, in this regard, to strengthen cooperation with key partners; calls on the EIB to facilitate the participation of smaller development finance actors in its operations; calls on the EIB, furthermore, to place greater emphasis on crowding in private investment and on mobilising domestic resources in less developed countries;

Transparency and governance

33.

Recalls the overall goal of publishing information about projects three weeks before they are approved by the EIB Board; is concerned by the fall in transparency, specifically with regard to making information about projects publicly available in a timely manner; recalls that in 2010, 96,1 % of all projects were published three weeks before Board approval, falling to just 60 % in 2020; notes that according to the EIB, this downward trend is a consequence of the EIB’s greater engagement with companies in the private sector; regrets the increasing use of provisions on business confidentiality; acknowledges, in this context, the particular importance of both provisions on business confidentiality, in particular for SMEs, and transparency as a core element in protecting democratic principles, including human rights, and calls on the EIB to strike a balance between the two, bearing in mind that EIB funds are public money and should always be subject to public scrutiny and accountability; calls for more transparency and accountability, including towards EU institutions and Parliament in particular; highlights, in addition, that some recent projects that have required an environmental impact assessment have only been published after approval; recalls, furthermore, that the best standard with regard to private investors is to publish all projects at least 30 days before approval and that the International Finance Corporation (a member of the World Bank Group), which only finances projects in the private sector, publishes environmental impact assessments 60 days before financing decisions are taken; recalls that companies listed on the stock exchange have to operate under applicable capital market regulations, which include provisions on information sharing; points to the European Ombudsman’s recent recommendations on the need for the EIB to adopt a ‘more ambitious approach to its disclosure practice’, to act in line with EU transparency laws, and to be more transparent with regard to the potential environmental impact of the projects it finances; urges the EIB to implement these recommendations as soon as possible;

34.

Reiterates its request for an interinstitutional agreement between Parliament and the EIB in order to improve access to EIB documents and data and enhance democratic accountability, including the ability to submit questions for written answer to the EIB and the organisation of hearings and economic dialogues;

35.

Calls on the EIB to step up its reporting to Parliament regarding its decisions, progress achieved and the impact of its lending activities, notably through regular structured dialogues;

36.

Considers the new transparency policy a missed opportunity; calls on the EIB to reflect on critical assessments and regrets the fact that the EIB has partly ignored Parliament’s very clear demands to improve its transparency policy in line with other financial institutions’ best practices and standards; welcomes the publication of additionality impact statements for the EIB’s operations as part of its additionality and impact measurement framework; regrets the fact that the new policy makes only minor advances for proactive publication, including for projects of more than EUR 50 million implemented by financial intermediaries, despite the need for the EIB to operate on the basis of ‘presumption of disclosure’ to fulfil its mission as the EU’s public bank; notes that the new policy does not create an obligation for the EIB to proactively publish information on project selection, in particular due diligence information, before the decision by the EIB Board, in line with the practices of international financial institutions; is also concerned about the exceptions for access to documents based on third-party commercial interests and the Market Abuse Directive (8); regrets, in addition, that the policy fails to provide for timely disclosure of the minutes of the Board and Management Committee; calls for these shortcomings to be urgently addressed; calls for the transparency policy to be aligned with that of the European Bank for Reconstruction and Development on mandatory disclosure for intermediaries of projects with high environmental risks and reiterates its calls for transparency requirements aligned with those for hydropower to be extended to all infrastructure projects, including those financed by financial intermediaries;

37.

Calls, in this regard, for an ambitious standard for financial intermediaries following stringent tax, transparency, environmental and social standards; calls for the EIB to amend, as soon as possible, its template for contractual clauses on environmental matters and, accordingly, the contracts with financial intermediaries setting requirements on what environmental information must be collected and published; stresses, however, that such new requirements must not be to the detriment of access to finance for SMEs;

38.

Takes note of the updated code of conduct and welcomes the more stringent rules on conflicts of interest and the commitment for a periodic review; regrets that, despite repeated requests, there is no provision excluding vice-presidents from overseeing operations in their countries of origin and insists that this be addressed in the next review;

39.

Expresses serious concerns at the lack of social dialogue at the EIB, in particular to address concerns about harassment, the working environment and working conditions; expects the EIB management to ensure zero tolerance of all forms of misconduct and to implement the necessary changes to prevent misconduct as a matter of urgency; urges the EIB management to engage in genuine dialogue with staff in order to address their concerns and to foster trust and a culture of accountability; encourages the bank to launch surveys and consultations of its staff;

40.

Asks the Commission to publish the rationale for its opinion under the Article 19 procedure;

Zero tolerance against fraud

41.

Takes note of the new anti-fraud policy and underlines the importance of inclusive cooperation when developing key anti-fraud policy tools; is concerned that the EIB’s policy on anti-money laundering and combating the financing of terrorism fails to address major shortcomings, namely the inclusion of the requirements from the EU’s fourth Anti-Money Laundering Directive (9), in particular publication of ‘know your customer’ checks before any project is approved; deplores, moreover, the lack of improvement in transparency standards, namely making the granting of direct and indirect loans subject to publication by the beneficiaries of tax and accounting data of the beneficiaries and financial intermediaries involved in financing operations; regrets the fact that the EIB has not commissioned independent audits of its application of anti-money laundering standards; expects the EIB to align itself with the EU’s evolving regulatory framework and practices on anti-money laundering and combating the financing of terrorism in order to enable the bank to effectively prevent involvement in prohibited conduct and to take corrective action, notably by excluding entities, recovering funds and availing itself of other contractual and legal remedies;

42.

Calls on the EIB to commit to strengthening its policy against tax fraud, tax evasion and tax avoidance, including by refraining from funding beneficiaries or financial intermediaries and from cooperating with financial partners with a proven negative track record; calls on the EIB to enforce prevention measures and regular tax assessments against non-cooperative tax jurisdictions, tax and fiscal fraud and tax evasion, as well as illegal and aggressive tax avoidance; calls on the EIB to subject the granting of direct and indirect loans to the publication of country-by-country tax and accounting data by the beneficiaries and to the sharing of beneficial ownership data on the beneficiaries and financial intermediaries involved in financing operations, by including a specific clause in the contracts it signs with its clients; calls on the EIB Group to align its policy towards weakly regulated, non-transparent and non-cooperative jurisdictions and tax good governance with evolving European and international regulatory developments in the area of tax integrity as well as tax good governance standards and policies; underlines that international cooperation is key in combating fraud, corruption and other prohibited conduct effectively; calls on the EIB to refer suspected prohibited conduct to authorities within and outside the EU for further investigation and criminal prosecution, and to provide assistance as requested;

43.

Reiterates its call for the suspension of funding where local authorities have been notified and/or engaged in legal procedures against possible violations of the relevant legislation, at least until investigations and judicial processes at national level are concluded;

44.

Recalls that the Commission asked the EIB to share more information on the effective application of contractual clauses enabling the EIB to halt or withdraw funding and expects Parliament to have full access to this information; expects thorough monitoring that fully takes into account concerns expressed by relevant parties and stakeholders, in particular for human rights and rule of law violations;

45.

Reiterates its demand for the EIB to strengthen the autonomy and efficiency of its Complaints Mechanism Office and Fraud Investigation Division; is concerned that there has been at least one very clear EIB Complaints Mechanism report concluding that the EIB’s environmental and social standards had been breached; welcomes, therefore, the fact that the bank took action following a Complaints Mechanism report to suspend disbursement; believes, however, that there are lessons to be learned about improving the screening of project compliance with the bank’s own policies and in informing the public about projects; recommends that for complex projects, the bank should seek assistance from local environmental and social experts in order to assess projects more thoroughly and acquire a better understanding of specific contexts; calls on the EIB, furthermore, to ensure that standards are upheld throughout the entire project cycle and to take corrective action where standards are not complied with, either by taking effective, meaningful and immediate remedial action, where possible, or by bringing the project to a swift halt; expresses concern that, where a project might involve a conflict of interest, it still remains unclear how the harm caused will be mitigated; calls on the EIB to commit to reinforcing its transparency culture by further strengthening ethical interest representation, notably by introducing a transparency register requiring the management committee members to disclose their meetings with interest representatives; urges the EIB, furthermore, to avoid post-public employment without a sufficient cooling-off period, which should be established with due regard for the recent European Ombudsman recommendations in relation to the European Banking Authority and the European Defence Agency, as it constitutes a risk not only to the EIB’s reputation but also its independence;

46.

Welcomes the working arrangement with the European Public Prosecutor’s Office and calls for its full and diligent implementation, in particular as regards reporting;

47.

Welcomes the signing of the working arrangement between the EIB and Europol on 29 October 2021, which seeks to facilitate the sharing of information and expertise in the fight against fraud and corruption; expects this arrangement to be implemented in full;

48.

Reiterates its call on the EIB to enhance its relationship with the European Ombudsman and the European Anti-Fraud Office;

49.

Welcomes the renewed tripartite agreement between the European Court of Auditors, the EIB and the Commission, which strengthens the court’s auditing rights with regard to EU revenue and expenditure managed by the EIB, while paying due respect for existing data confidentiality provisions; notes, however, that data relating to the activities of the EIB’s own funds remains outside the scope and mandate of the court’s audits;

o o

50.

Instructs its President to forward this resolution to the Council, the Commission and the European Investment Bank.

(1) OJ C 270, 7.7.2021, p. 2.

(2) OJ L 107, 26.3.2021, p. 30.

(3) OJ L 231, 30.6.2021, p. 1.

(4) OJ L 274, 30.7.2021, p. 1.

(5) OJ L 209, 14.6.2021, p. 1.

(6) OJ C 270, 7.7.2021, p. 113.

(7) Texts adopted, P9_TA(2022)0015.

(8) Directive 2014/57/EU of the European Parliament and of the Council of 16 April 2014 on criminal sanctions for market abuse (OJ L 173, 12.6.2014, p. 179).

(9) Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing (OJ L 141, 5.6.2015, p. 73).

7.2.2023

Official Journal of the European Union

C 47/225

P9_TA(2022)0299

Control of the financial activities of the European Investment Bank — annual report 2020

European Parliament resolution of 7 July 2022 on the control of the financial activities of the European Investment Bank — annual report 2020 (2021/2235(INI))

(2023/C 47/19)

The European Parliament,

—	having regard to the European Investment Bank (EIB) Activity Report 2020, published on 20 January 2021,

—	having regard to the EIB Financial Report 2020, published on 3 May 2021, and the EIB report on financing and borrowing activities 2020, published on 5 May 2021,

—	having regard to the EIB Group Operational Plan 2020, which was approved by the EIB’s Board of Directors on 12 December 2019 and published on 30 January 2020,

—	having regard to the 2020 European Fund for Strategic Investments (EFSI) report from the EIB to the European Parliament and the Council on 2020 EIB Group financing and investment operations under EFSI,

—	having regard to the EIB Group Climate Bank Roadmap 2021-2025, adopted by the EIB’s Board of Directors in November 2020 and published on 14 December 2020, and to the EIB Climate Strategy, adopted in November 2020 and published on 15 November 2020,

—	having regard to the best banking practice guiding principles of the European Investment Bank, approved by the Board of Governors of the EIB in 2018 and published on 3 October 2018,

—	having regard to the EIB Group Sustainability Report 2020, published on 27 May 2021, and the report entitled ‘EIB 2020 Sustainability Disclosures in accordance with SASB Framework (Sustainability Accounting Standards Board)’, published in April 2021,

—	having regard to the EIB Group Environmental and Social Sustainability Framework, adopted on 2 February 2022,

—	having regard to the guidance note to EIB promoters on environmental and social performance in EIB-financed operations in response to the COVID-19 outbreak crisis, adopted on 29 May 2020,

—	having regard to the report on the implementation of the EIB Group Transparency Policy in 2020, published on 16 April 2021,

—	having regard to the leaflet of 2 February 2021 entitled ‘European Investment Bank’s engagement with civil society — 2020 highlights’,

—	having regard to the EIB Audit Committee Annual Reports for the year 2020, published on 8 October 2021,

—	having regard to the EIB Fraud Investigations Activity Report 2020, published on 29 July 2021,

—	having regard to the EIB Compliance Activity Report 2020, published on 10 May 2021,

—	having regard to the 2020 Annual Report of the EIB Ethics and Compliance Committee, published on 29 September 2021, and to its operating rules,

—	having regard to the codes of conduct for EIB Group staff, for members of its Audit Committee and for its Management Committee,

—	having regard to the EIB Group’s Risk Management Disclosure Report 2020, published on 9 August 2021, and its high-level risk appetite statement,

—	having regard to the EIB’s 2020 European Investment Advisory Hub Report, published on 15 July 2021,

—	having regard to Articles 3 and 9 of the Treaty on European Union,

—	having regard to Articles 15, 126, 174, 175, 208, 209, 271, 308 and 309 of the Treaty on the Functioning of the European Union (TFEU), to Protocol No 5 thereto on the Statute of the EIB and to Protocol No 28 thereto on economic, social and territorial cohesion,

—	having regard to the Rules of Procedure of the EIB,

—	having regard to the Tripartite Agreement between the European Commission, the European Court of Auditors and the European Investment Bank (the Tripartite Agreement), which came into force in November 2021,

—	having regard to its resolution of 7 July 2021 entitled ‘Control of the financial activities of the European Investment Bank — annual report 2019’ (1),

—	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, and amending Regulation (EU) 2019/2088 (2) (the EU Taxonomy Regulation),

—

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) (3),

—	having regard to Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (4),

—

having regard to Directive (EU) 2018/843 of the European Parliament and of 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 (5) (the Fifth AML Directive),

—	having regard to Rule 54 of its Rules of Procedure,

—	having regard to the report of the Committee on Budgetary Control (A9-0173/2022),

A.	whereas the EIB is treaty-bound to contribute to EU integration, economic and social cohesion and regional development, in accordance with Article 309 TFEU and Protocol No 28, as well as to the balanced and steady development of the internal market;

B.	whereas the EIB Group remains committed to continuing to increase its share of financing dedicated to supporting climate action and environmental sustainability and remains focused on its statutory mission of supporting cohesion;

C.	whereas public policy goals such as territorial and social cohesion, sustainable development, and tackling (youth) unemployment, poverty and social exclusion should be the core focus and targets of the EIB in its task of contributing to the balanced and steady development of the internal market;

D.	whereas the EIB is bound by the EU Charter of Fundamental Rights and whereas human rights principles are integrated into its due diligence procedures and standards, including publicly available ex ante assessments;

whereas the EIB was at the forefront of tackling the COVID-19 crisis in the European Union, notably playing its part with a prompt support programme focused on those clients and sectors most affected by the crisis, and also established a new instrument called the Pan-European Guarantee Fund in 2020, which provides much-needed capital for small and medium-sized enterprises (SMEs);

F.	whereas in November 2019, the EIB expressed its ambition to align all its financing activities with the principles and goals of the Paris Agreement by the end of 2020 and to work in coordination with the European External Action Service and the European Bank for Reconstruction and Development;

G.	whereas the global outbreak of the COVID-19 pandemic in March 2020 required a significant effort from the EIB to offer additional support to businesses and especially SMEs, which have been hit particularly hard by the effects of the crisis, and to contribute to EU objectives;

H.	whereas the EIB’s AAA rating is necessary to ensure appropriate market sources of financing at most preferential rates and must, therefore, be preserved;

I.	whereas the EIB should deliver added value with the highest level of integrity, good governance, transparency and accountability, and in accordance with the applicable best banking practice;

J.	whereas combating all forms of money laundering, financing of terrorism, organised crime and harmful tax practices should remain a constant priority of the EIB;

K.	whereas the EIB plays an important role outside the EU, through its external lending activities, as the biggest multilateral financial institution in the world;

Performance of the EIB’s financial operations

Notes that in 2020, the bank’s new lending signatures amounted to EUR 66,1 billion, in line with the target set in the 2020 operational plan and above those of both 2019 (EUR 63,3 billion) and 2018 (EUR 55,6 billion); points out that the biggest share was allocated in Italy, Spain and France (15 %, 13 % and 11 % of the total signatures respectively) and that the transport, global loans and energy sectors received the largest shares (29,3 %, 20,5 % and 14,9 % respectively);

Reiterates its call for a fair and transparent geographical distribution of projects and investment with a focus on less-developed regions, especially with regard to innovation, digitalisation and infrastructure, with a view to promoting inclusive growth and economic, social and territorial convergence and cohesion; calls for the EIB to address recurring shortcomings that prevent certain regions and countries from taking full advantage of the EIB’s financial activities;

Observes that as at 31 December 2020, the outstanding volume of signed loans had slightly decreased to EUR 558,7 billion (from EUR 560,3 billion at the end of 2019), of which 82,2 % was for projects within the EU (2019: 81,4 %); notes that the EIB’s disbursed loan portfolio amounted to EUR 444,6 billion compared to EUR 447,5 billion at the end of 2019;

Notes that the outbreak of COVID-19 considerably changed the EIB’s disbursement profile in 2020, with more than 50 % of the target reached in the first half of the year thanks to the bank’s fast-tracking and reprioritising of the existing disbursements pipeline to support clients’ liquidity needs; notes that disbursements reached EUR 58,3 billion in 2020;

Takes note of the net profit of EUR 1,7 billion reported by the EIB for 2020, in comparison to EUR 2,4 billion in 2019;

Observes with appreciation the EIB’s role as the largest supranational issuer of green and social use-of-proceeds bonds, as well as the growing interest of sustainable investors in this type of issuance in the context of the European Green Deal and the EU Taxonomy Regulation; notes that in 2020, the EIB marked a record of EUR 10,5 billion equivalent issuance in sustainability debt products;

Notes that as a result of the replacement of the United Kingdom’s share in the EIB’s capital, the EIB’s paid-in capital base has grown by EUR 0,5 billion and its callable capital has increased compared to the situation before Brexit;

Notes that the overall loan portfolio continued to perform well, with only 0,4 % impaired loans at the end of 2020 (compared with 0,4 % at the end of 2019); observes that the portion of payments overdue by more than 90 days remains very low, totalling EUR 117,1 million at the end of 2020 (compared with EUR 146,0 million at the end of 2019) and representing only 0,03 % of the risk portfolio;

Notes with appreciation that despite the general context of uncertainty in the global financial markets owing to the COVID-19 pandemic, the EIB continues to maintain a robust liquidity position; underlines that the bank’s total liquidity ratio remains well within internal limits, covering 78,1 % of projected net cash outflows (compared to 88,6 % in 2019);

10.

Calls on the EIB to prioritise, through its lending activities for social, green and sustainable projects, the implementation of the Sustainable Development Goals of the UN 2030 Agenda for Sustainable Development;

11.

Calls on the EIB to play an active role in supporting projects that contribute to the just transition, such as research, innovation and digitalisation, SMEs’ access to finance and social investment and skills; reiterates its calls for the EIB to provide targeted financing for just transition initiatives as a matter of priority, while taking into account the additionality that EIB financing can provide in combination with other sources; stresses, moreover, that coordination with other financing instruments is crucial given that the EIB alone cannot finance all of these initiatives;

12.

Notes that in the present difficult context (an ongoing pandemic and the Russian aggression against Ukraine), the gap between economic situations and the capacities of the Member States has widened, and underlines the importance of ensuring that the most affected regions and countries can adjust to the new circumstances so that no one is left behind;

Actions related to the COVID-19 pandemic

13.

Congratulates the EIB Group, despite the COVID-19 outbreak, on its ability to remain fully operational and to continue conducting its activities in the normal course of business; points out that the COVID-19 pandemic did not have direct material adverse financial impacts on the EIB;

14.

Notes that in March and April 2020, the Commission and the EIB Group redirected EUR 1 billion of available EFSI resources to existing guarantee instruments (InnovFin SMEG and COSME LGF) managed by the European Investment Fund (EIF) to the benefit of the hard-hit SME and mid-cap sector in the EU;

15.

Acknowledges that the EIB has made available financing for investments in the healthcare sector, such as those by European companies involved in vaccine research and developing therapeutic and diagnostic solutions to combat COVID-19; notes that signatures of the EIB healthcare pipeline at the end of 2020 amounted to EUR 5,2 billion, of which EUR 175 million for applied research for COVID-19 vaccines;

16.

Calls on the EIB to continue to prioritise investments in health infrastructure, personnel training and the quality of national health services in order to reduce inequalities between countries;

17.

Welcomes the EIB’s role in the success of the BioNTech COVID-19 vaccine through the signature in June 2020 of a EUR 100 million loan facility, making it the first financial investor to back BioNTech’s COVID-19 vaccine programme;

18.

Underlines that the EIB, at the same time, offered support to global programmes to distribute COVID-19 vaccines, especially in the developing world;

19.

Stresses that the EIB Group pledged EUR 6,5 billion to support countries outside the EU, including over EUR 1 billion to Ukraine for infrastructure, environment, innovation and post-COVID-19 recovery and EUR 1,7 billion to support the social and economic recovery of the Western Balkans from the COVID-19 pandemic as part of a EUR 3,3 billion financial support package for the region announced by the Commission;

20.

Points out that in March 2020, the EIB Group introduced a support action plan aiming to mobilise up to EUR 28 billion for SMEs hit by the COVID-19 outbreak; notes that between the pandemic’s outbreak and the end of 2020, the EIB approved 172 standalone operations for a total amount of EUR 33,9 billion (out of a total approved volume of EUR 82,8 billion) and that it also topped up 68 existing credit lines by a total of EUR 4,6 billion;

21.

Welcomes the establishment of the Pan-European Guarantee Fund as a new instrument within the EIB’s portfolio that will provide up to EUR 200 billion of additional financing; notes that as at 31 December 2020, the EIB had approved EUR 2,7 billion of financing, with the aim of mobilising EUR 27,8 billion of total financing;

EIB support in key policy areas

22.

Welcomes the adoption in October 2020 of the thematic report on the evaluation of EIB cohesion financing from 2007 to 2018; notes that for most of the period under review, the EIB attained its annual cohesion financing targets, although with increasing difficulty in the most recent years;

23.

Notes that EIB cohesion lending from 2014 to 2020 totalled EUR 123,8 billion and that in 2020 alone, this lending amounted to EUR 19,5 billion; notes further that in 2020, 34 % of all EIB signatures within the EU-27 were for projects and beneficiaries located in EIB cohesion priority regions, selected from among less-developed regions and transition regions;

24.

Is aware that the economic consequences of the COVID-19 pandemic have deepened the structural differences across Member States, making the EIB’s statutory mission to support cohesion all the more necessary; welcomes, in this regard, the adoption of the EIB cohesion orientation 2021-2027; notes that by 2025, the EIB aims to dedicate 45 % of its annual EU lending to cohesion regions and asks the EIB to report annually on the implementation of the cohesion orientation targets and priorities;

25.

Notes that in 2020, the EIF launched the Skills & Education Guarantee Pilot to stimulate investments in education, training and skills, and that the initiative is well-suited to addressing the upcoming needs of labour markets, having specific regard to the digital and green transitions;

26.

Reiterates its call for the strengthening of technical assistance for local and regional authorities, in line with the EIB’s policy of ‘lending, blending and advising’, and their financial expertise, especially in regions with low investment capacity, and for the strengthening of projects of common interest to several Member States which are of such a size or nature that they cannot be entirely financed by the various means available in the individual Member States, before project approval, in order to improve access to EIB funding; invites the EIB Group to intensify cooperation with national promotional banks and institutions;

27.

Notes that in 2020, the EIB reached its target of providing USD 100 billion of financing over the five years between 2016 and 2020 to fight the climate emergency, as announced in 2015 at the Paris climate conference; highlights that in 2020 alone, the EIB invested around EUR 24,2 billion (2019: EUR 19,3 billion) in climate action and that, exceeding its initial target of 28 %, it reached a record level of 37,4 % climate financing, thus confirming the EIB as the largest multilateral financer of climate action;

28.

Notes that the EIB continues to increase its share of financing dedicated to climate action and environmental sustainability, with the aim of reaching 50 % of its business activity by 2025;

29.

Notes that in July 2020, the EIB adopted project carbon footprint methodologies to provide guidance to EIB staff on how to calculate the carbon footprint of the investment projects financed by the bank; takes note of the EIB’s decision to refuse financing of any climate-negative projects involving traditional fossil fuels; calls on the EIB to encourage green projects in order to facilitate the energy transition and the achievement of the Paris objectives;

30.

Welcomes the launch of The City Climate Gap Fund, a new advisory facility aiming to provide early-stage assistance supporting climate-smart projects in cities in developing and emerging countries;

31.

Takes note of the EIB’s development of a counterparty-level assessment methodology known as the ‘Climate Risk Screening Tool’, which has been in use since July 2020 to assess and monitor climate risk across the EIB Group’s portfolio and to report to the EIB Group’s governing bodies;

32.

Notes that the process of updating the EIB Group’s environmental and social policy started in 2020 and led to the approval in February 2022 of the new Environmental and Social Sustainability Framework; welcomes the revised EIB environmental and social standards included in the framework, especially those related to labour rights, biodiversity and environmental protection; notes that the EIB is bound by the EU Charter of Fundamental Rights and that human rights principles are fully integrated into the due diligence procedures and standards at project level, including by allowing for the suspension of disbursements in the event of serious violations of human rights; welcomes the fact that the EIB and its promotors are required to consider human rights as part of the environmental and social impact assessment process; calls on the EIB and its intermediaries to disclose details of actual environmental and social risks or impacts linked to operations carried out through partners; stresses that any new requirements should not create more bureaucracy for SMEs; calls on the EIB to ensure that its complaints mechanism is easily accessible, timely and effective, in order to detect and redress any possible human rights violations in EIB-related projects; asks the EIB to report to Parliament and the EIB Board of Governors on this issue;

33.

Take notes that the Trans-Anatolian Natural Gas Pipeline and Trans Adriatic Pipeline, even if they are not aligned with the goals of the Paris Agreement, are strategic for the EU’s energy supply, especially in terms of the strategy to diversify suppliers;

34.

Supports the EIB’s commitment to reach climate neutrality by 2050 and to align its actions with the European Green Deal; welcomes the upcoming revision of the transport lending policy, which will be in line with the objectives of the Paris Agreement and is planned to be adopted in June or July 2022; stresses that such new requirements must not be to the detriment of access to finance for SMEs; reiterates the need for the policy to avoid locking in carbon-intensive assets and to support modal shifts towards zero-carbon mobility both for freight and passengers at urban and inter-urban levels;

35.

Encourages the EIB to support the development of transport infrastructure projects, including railways and motorways, which are sustainable and environmentally friendly and can contribute to tackling territorial and social disparities between regions and countries in the EU;

36.

Stresses the need to focus on long-term financing, namely by supporting projects that would not be financed otherwise, in particular projects of innovative start-ups and SMEs; emphasises, however, that the EIB’s financing activities are no substitute for sustainable fiscal policies in the Member States; calls on the EIB to increase investment in breakthrough innovations, especially for the green transition, in order to support EU companies;

37.

Calls on the EIB to increase financing to boost the technological transition, support the development of skills adapted to current and future labour market needs, further promote investment in the digital skills of employees and entrepreneurs, digital infrastructure and capacity-building for digitalisation, provide funds for long-term research and innovation to SMEs, support the social economy and enhance social and territorial cohesion, namely by filling current gaps in investment in public housing and infrastructure;

38.

Calls on the EIB to develop a specific human rights strategy and an action plan for its implementation; calls on the EIB to align its financing strategy with the levels of ambition and commitment to common values and objectives shown by the EU’s partner countries;

39.

Welcomes the adoption in 2019 by the EIB of the 2X Challenge criteria aimed at mobilising relevant resources in support of women’s empowerment and gender equality and providing a clear framework for gender lens investing through intermediated lending outside the EU; asks the EIB to introduce similar criteria for operations within the EU covering both intermediated and direct lending operations;

40.

Commends the EIB’s signing in 2020 of the Paris Development Banks statement on Gender Equality and Women’s Empowerment; notes that the EIB Group Climate Bank Roadmap 2021-2025 adopted in 2020 highlights the provision of gender-responsive climate finance as a thematic priority area for the EIB Group; welcomes the introduction of a gender tag for all EIB operations to enable the EIB to identify operations likely to contribute to gender equality;

41.

Notes that EUR 99,4 billion worth of loans had been granted in 102 different countries as at the end of 2020, of which EUR 9,3 billion were signed in 2020, mostly under the EIB external lending mandate;

42.

Calls on the EIB to make full use of its toolkit to combat tax avoidance for projects financed in non-EU countries;

43.

Maintains that international financial institutions have to eliminate the risk that EU funding might directly or indirectly contribute to tax evasion and tax fraud;

44.

Reiterates that the EIB’s external operations are expected to contribute to EU policy objectives, fostering developing countries’ sustainable economic, social and environmental development, particularly in the most disadvantaged countries, as well as compliance, in line with objectives approved by the EU; recognises poverty eradication, domestic resource mobilisation and human rights as core topics within the EU development finance architecture; recalls that stakeholder engagement is the cornerstone of sustainable and inclusive development;

45.

Calls on the EIB to continue supporting the achievement of the UN Sustainable Development Goals through its activities falling under specific mandates decided by the Council and Parliament;

46.

Supports the Council conclusions adopted on 14 June 2021 calling on the EIB to enhance its contribution to the EU’s development efforts through dedicated strategies, a stronger presence on the ground globally and better coordination with partners in a genuine Team Europe approach, with a view to developing innovative joint actions and ensuring the visibility of EU external financing;

47.

Notes that by June 2020, the EIB had surpassed, in terms of approvals, the EFSI target of mobilising at least EUR 500 billion of investment by the end of 2020; notes, furthermore, that based on signatures at EIB Group level worth close to EUR 82,8 billion, investment supported by the EFSI is estimated at approximately EUR 491,7 billion;

48.

Encourages the EIB to become more involved in the agricultural sector; underlines that the financial needs of farmers, especially young and new entrants, are significant, and that farmers and businesses in this sector have a lower rate of success when applying for financing; highlights that the EIB has taken certain steps to tackle this issue; calls for the EIB to carry out further work on new financial tools that will boost accessibility for the agricultural sector; insists, in this context, that EIB financing needs to support the transition of the agricultural sector in line with EU policy objectives, including greater respect for animal welfare, and should avoid contributing to stocking densities exceeding the carrying capacity of the land;

Enhancing transparency and accountability in EIB corporate governance and activities

49.

Notes that in 2020, the EIB Group created a group risk and compliance function overseen by the group chief risk officer; notes that the group chief risk officer oversees and reports on all group risks, including compliance risks, and that the chief compliance officer at the head of the EIB compliance function reports to the group chief risk officer, as well as to the Management Committee, the relevant committees of the EIB Board of Directors and the Audit Committee; asks the EIB to explain how the independence of the chief compliance officer is preserved and how overlaps of their responsibilities with those of the chief risk officer are avoided;

50.

Welcomes the performance in 2020 of the first compliance risk assessment by the Office of the Chief Compliance Officer, which was aimed at identifying the compliance risk exposure of the EIB’s business activities in the geographical locations in which it operates, including exposure to money laundering and financing of terrorism (ML-FT), organised crime risks, sanctions, non-compliant jurisdictions/tax good governance, market integrity and conduct and procurement risks; remarks that in 2020, the key risk indicators were updated in the ML-FT dashboard to offer more granular information on ML-FT related risks;

51.

Welcomes the decision of the Management Committee to devote additional human resources to strengthening the EIB’s compliance function; welcomes the signature by both the EIB and EIF in March 2020 of memoranda of understanding with the Luxembourg Financial Intelligence Unit;

52.

Notes that the EIB Group Anti-Money Laundering and Combating Financing of Terrorism (AML-CFT) Framework was revised in December 2020, taking stock of the Fifth AML Directive, and that a comprehensive EIB Group AML-CFT and organised crime policy was adopted in July 2021; takes the view that effective coordination with other relevant competent authorities is material to the success of the policy;

53.

Takes note of the new Tripartite Agreement signed between the European Court of Auditors (ECA), the EIB and the Commission allowing greater access and improved streamlining of audited EIB documents; reiterates, however, its calls for the extension of the right of access to information by the ECA with respect to EIB operations implementing EU policies; regrets the fact that the Commission and the EIB refer to the definition of the ECA’s mandate as laid out in the TFEU in order to prevent the Court from accessing information related to EIB operations whose sole reason to exist is the implementation of EU policies;

54.

Is of the opinion that the work of the EIB Audit Committee is not alternative but is rather complementary to that of the ECA; deplores the fact that the Tripartite Agreement, which was renewed on 11 November 2021 by the EIB, the Commission and the ECA, does not offer a satisfactory solution and that its renewal maintains the status quo without any meaningful improvement, in particular in relation to the ECA’s auditing powers over activities of the EIB;

55.

Notes that in 2020, the EIB complaint mechanism registered 77 new cases, handled 137 cases and closed 94 cases; welcomes the fact that the EIB’s complaint mechanism systematically monitors the implementation of its recommendations and suggestions for improvement by EIB services; calls on the EIB to adequately address the findings of the complaint mechanism;

56.

Welcomes the substantial progresses made in 2020 towards the full implementation of the EIB exclusion policy, in particular through the creation of the new Policy and Exclusion Unit in the Inspectorate-General’s Fraud Investigations Division (IG/IN), and the appointment of the Exclusion Committee in October 2020;

57.

Reiterates its call on the EIB to run a comprehensive analysis of the nature of the financial support affected by alleged misbehaviour and of the geographical distribution of such cases, to facilitate the identification of systemic weaknesses deserving of attention and resources; welcomes in this regard, that the IG/IN has developed several industry-leading prevention and detection tools over the last 10 years;

58.

Takes note of the adoption of the revised EIB Group anti-fraud policy in July 2021;

59.

Notes the challenges posed by the COVID-19 pandemic to the carrying out of fraud investigations in 2020 by the IG/IN, which nevertheless issued 52 recommendations and opinions; notes that approximately 89 % of the cases investigated fall within the areas of fraud, corruption and collusion and asks the EIB to report on its partnership and cooperation with the European Anti-Fraud Office (OLAF) and the European Public Prosecutor’s Office (EPPO) with respect to such cases;

60.

Welcomes the working arrangement with the EPPO signed in December 2021 and calls for its full and diligent implementation, in particular as regards reporting; highlights in this regard that the IG/IN started its collaboration with the EPPO months before the working arrangement was signed and reported a total of 17 cases in 2021;

61.

Notes with appreciation that in 2021 the EIB also enhanced its cooperation with Europol by signing a cooperation agreement aiming to foster the prevention of and fight against all forms of serious international and organised crime, cybercrime and terrorism;

62.

Believes that the revision of the Financial Regulation (6) offers the opportunity to explore avenues for synergies between the Commission’s Early Detection and Exclusion System and the EIB’s exclusion policy;

63.

Is concerned by the several cases closed by OLAF in 2020 that were focused on education allowances unduly granted to staff members of the EIB; welcomes the EIB’s revision and reform of the allowances system and the correction of many of the errors detected by OLAF, including steps to recover the undue payments; asks the EIB to report to Parliament on the outcome of the follow-up to OLAF’s recommendations;

64.

Is very concerned by the decline in transparency at the EIB: in 2010, 96,1 % of all projects were published three weeks before board approval, falling to just 60 % in 2020; recalls that the EIB group transparency policy allows for only a limited number of project summaries not to be published before board approval and in some cases not before loan signature in order to protect justified interests such as commercial secrets; welcomes the fact that, ultimately, all projects are subject to publication by the EIB;

65.

Calls on the EIB to improve the transparency of its activities by adopting a transparency register for public scrutiny of organisations seeking to influence the legislative process and to prevent cases of corruption or conflict of interest;

66.

Calls for more transparency and accountability, also towards EU institutions, in particular Parliament; suggests holding a quarterly dialogue with relevant Parliament committees to give them the opportunity to contribute to the investment strategy of the EIB and ensure adequate oversight; stresses the importance of greater scrutiny by Parliament over decisions of the EIB Board of Directors and better information sharing from the Commission to increase its transparency towards Parliament on the positions it takes in EIB Board of Directors meetings;

67.

Is concerned that the new transparency policy does not reflect Parliament’s very clear demands for improvements in line with other financial institutions’ best practices and standards; calls on the EIB to align its transparency policy on mandatory disclosure for intermediaries of projects with high environmental and human rights risks with that of the European Bank for Reconstruction and Development;

68.

Notes that in 2020, the European Ombudsman notified the EIB about four new inquiries relating to the application of the transparency policy; asks the EIB to report on the implementation of the recommendation of the Ombudsman on these inquiries;

69.

Regrets that the EIB still does not fully disclose the details of the beneficial ownership of its clients; reiterates its calls for enhanced transparency regarding the EIB’s operations through financial intermediaries such as commercial banks and investment funds, within the relevant legislative framework, including the General Data Protection Regulation, and for the definition of standard reporting obligations that can provide an adequate level of data and information; recalls, in this regard, that Article 30 of the Fifth AML Directive imposes an obligation on Member States to collect and store accurate and current information on ultimate beneficial ownership of companies in a national register and to ensure that this information is accessible in all cases; asks the EIB to use the available tools and to implement the standards promoted by the Fifth AML Directive to make such data accessible, and to ensure full cooperation with the future authority for anti-money laundering and countering the financing of terrorism; invites the EIB to explore the feasibility of working arrangements and memoranda with the relevant partners to make pertinent information available and to eliminate the risk of opacity in the relevant procedures;

70.

Reiterates its request for the Commission’s opinions on the EIB’s financing operations, issued under Article 19 of the EIB Statute, to be made accessible; considers that access to such information under Regulation (EC) No 1049/2001 is not the most effective way to provide data for political scrutiny; calls on the Commission and the EIB to agree on the systematic and secure transmission of such opinions to Parliament;

71.

Notes that in 2020, the Ethics and Compliance Committee adopted three decisions concerning activities of former Management Committee members during their respective cooling-off periods; calls on the committee responsible to guarantee that during cooling-off periods, former Management Committee members carry out no business relations or lobbying activities with the EIB Group, irrespective of the portfolios held during their Management Committee mandates; reiterates the importance of putting in place policies preventing conflict of interest and revolving door phenomena;

72.

Takes note of the updated codes of conduct of the Management Committee and the EIB Board of Directors of August 2021; welcomes the introduction of a longer cooling-off period for the members of the Management Committee (24 months instead of 12) and for the members of the Board of Directors (12 months instead of 6); notes that there is no provision excluding vice-presidents from overseeing operations; understands that this allows for the necessary country-specific expertise in projects; is convinced that the EIB will continue to carry out project assessment alongside monitoring objective technical, financial and economic indicators, making the project’s quality the decisive factor in deciding whether or not to grant financing;

73.

Reiterates its call for the EIB to apply more stringent tax transparency standards; stresses the need to make the disbursement of direct and indirect loans conditional on the publication of country-by-country tax and accountancy data and on the disclosure of information on beneficial ownership by the beneficiaries and financial intermediaries involved in financing operations, without any derogations;

74.

Takes note of the revised EIB Group whistleblowing policy of November 2021, which also grants protection to whistleblowers who are not EIB staff members;

75.

Asks the EIB to inform Parliament about the revision of the EIB Group guidelines on conflicts of interest;

76.

Expresses serious concerns about the lack of social dialogue at the EIB, in particular to address concerns about harassment allegations and the working environment; encourages the EIB management to engage in constructive dialogue with staff in order to address their concerns and to foster trust and a culture of accountability; encourages the EIB to continue launching surveys and consultations across its staff; notes the negative outcomes of staff surveys in recent years and at the same time urges the EIB to implement tangible measures aimed at fixing issues reported by staff members, particularly those which relate to internal mobility concerns; takes note of the EIB’s efforts to include surveys as part of its continuous listening approach in order to foster staff engagement e.g. through its recent health and wellbeing survey;

77.

Notes with concern that only 29,5 % of management positions at the EIB were held by women at the end of 2020 (30 % at the end of 2019); reiterates its concern about the persistent lack of diversity and gender balance at senior management level and within the EIB Group’s governing bodies, as well as the very high share of women in support functions;

78.

Underlines that the Board of Directors is made up of Member State representatives and that vice-presidents are nominated by Member States; notes that despite the Member States’ nomination competence, the EIB President’s calls for diversity have led to a significant improvement of the gender balance; highlights, in this regard, the fact that the bank’s Management Committee and Board of Directors have a respective share of women of 33 % and 48 %; calls on the Member States to evaluate the gender balance situation and nominate more women for vice-presidencies and to the EIB Board of Directors;

79.

Reiterates its call to the EIB to ensure proper geographical representation from all Member States in its administration, taking into consideration the competencies and merits of the candidates, and calls on it to publish, annually, a gender and nationality breakdown of middle and senior management positions;

Follow-up to Parliament’s recommendations

80.

Calls on the EIB to continue reporting on the state of play and status of the previous recommendations issued by Parliament in its annual resolutions, especially as regards:

a)	impacts (economic, environmental and social) of its investment strategy and results achieved in contributing to the balanced and steady development of the internal market in the interests of the EU;

b)	actions adopted to enhance the prevention of conflicts of interest;

c)	measures to strengthen transparency following integrity due diligence of clients in order to prevent tax avoidance, fraud and corruption;

d)	follow-up to the calls and requests adopted via the present resolution;

o o

81.

Instructs its President to forward this resolution to the Council and the Commission and asks that the Council and EIB Board of Directors hold a debate on Parliament’s positions presented herein.

(1) OJ C 99, 1.3.2022, p. 34.

(2) OJ L 198, 22.6.2020, p. 13.

(3) OJ L 119, 4.5.2016, p. 1.

(4) OJ L 145, 31.05.2001, p. 43.

(5) OJ L 156, 19.6.2018, p. 43.

(6) Proposal for a Regulation of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union (recast) (COM(2022)0223).

7.2.2023

Official Journal of the European Union

C 47/236

P9_TA(2022)0300

Protection of the European Union’s financial interests — combating fraud — annual report 2020

European Parliament resolution of 7 July 2022 on the protection of the European Union’s financial interests — combating fraud — annual report 2020 (2021/2234(INI))

(2023/C 47/20)

The European Parliament,

—	having regard to Articles 310(6) and 325(5) of the Treaty on the Functioning of the European Union (TFEU),

—	having regard to its previous resolutions on the annual reports of the Commission and of the European Anti-Fraud Office (OLAF),

—	having regard to the Commission report of 20 September 2021 entitled ‘32nd Annual Report on the protection of the European Union’s financial interests — Fight against fraud –2020’ (COM(2021)0578),

—	having regard to the OLAF Report 2020 (1) and the 2020 Annual Report of the OLAF Supervisory Committee (2),

—	having regard to OLAF Supervisory Committee Opinion No 1/2021 of January 2021 on OLAF’s recommendations not followed by the relevant authorities,

—	having regard to the European Public Prosecutor’s Office (EPPO) 2021 Annual Report,

—	having regard to the annual report of the European Court of Auditors (ECA) on the implementation of the EU budget and on the activities funded by the 8th, 9th, 10th and 11th European Development Funds (EDFs) for the 2020 financial year, together with the institutions’ replies,

—	having regard to the publication of the ECA entitled ‘2020 EU audit in brief — Introducing the 2020 annual reports of the European Court of Auditors’,

—	having regard to Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (3),

—	having regard to Regulation (EU, Euratom) 2020/2223 of 23 December 2020 amending Regulation (EU, Euratom) No 883/2013, as regards cooperation with the European Public Prosecutor’s Office and the effectiveness of the European Anti-Fraud Office investigations (OLAF Regulation) (4),

—	having regard to Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (5),

—	having regard to Special Report No 01/2019 of the ECA entitled ‘Fighting fraud in EU spending: action needed’,

—	having regard to the Commission report of September 2021 entitled ‘VAT Gap Report 2021’,

—	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) (6),

—	having regard to Commission report of 6 September 2021 on the implementation of 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 (COM(2021)0536),

—	having regard to Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (EPPO Regulation) (7),

—	having regard to Decision (EU) 2019/1798 of the European Parliament and of the Council of 23 October 2019 appointing the European Chief Prosecutor of the European Public Prosecutor’s Office (8),

—	having regard to Commission communication of 14 December 2020 on the review of the European Union under the Implementation Review Mechanism of the United Nation Conventions against Corruption (UNCAC) (COM(2020)0793),

—	having regard to the Commission communication of 30 September 2020 entitled ‘2020 Rule of Law Report — The rule of law situation in the European Union’ (COM(2020)0580),

—	having regard to Council Decision (EU, Euratom) 2020/2053 of 14 December 2020 on the system of own resources of the European Union (9),

—	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 (10),

—	having regard to the Commission communication of 29 April 2019 entitled ‘Commission Anti-Fraud Strategy: enhanced action to protect the EU budget’ (COM(2019)0196),

—	having regard to Regulation (EU) No 250/2014 of the European Parliament and of the Council of 26 February 2014 establishing a programme to promote activities in the field of the protection of the financial interests of the European Union (Hercule III programme) (11),

—

having regard to the Commission report of 16 December 2021 entitled ‘Final evaluation of the Regulation (EU) No 250/2014 of the European Parliament and of the Council of 26 February 2014 establishing a programme to promote activities in the field of the protection of the financial interests of the European Union (Hercule III programme) and repealing Decision No 804/2004/EC’ (COM(2021)0809),

—	having regard to Regulation (EU) 2021/785 of the European Parliament and of the Council of 29 April 2021 establishing the Union Anti-Fraud Programme (12),

—	having regard to the Commission communication of 14 April 2021 on the EU Strategy to tackle Organised Crime 2021-2025 (COM(2021)0170),

—	having regard to its recommendation of 17 February 2022 to the Council and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy concerning corruption and human rights (13),

—	having regard to the opinion of the Advocate General of 9 September 2021 in Case C-213/19, European Commission v United Kingdom of Great Britain and Northern Ireland (14),

—	having regard to the judgment of the Court (Grand Chamber) of 8 March 2022 in Case C-213/19, European Commission v United Kingdom of Great Britain and Northern Ireland (15),

—	having regard to the judgment of the General Court of 1 September 2021 in Case T-517/19, Andrea Homoki v European Commission (16),

—	having regard to Rule 54 of its Rules of Procedure,

—	having regard to the report of the Committee on Budgetary Control (A9-0175/2022),

whereas de jure, the Member States and the Commission have a shared responsibility and must work closely together to protect the Union’s financial interests and fight fraud and corruption; whereas de facto, the Member States’ authorities manage approximately three quarters of EU budget expenditure and collect the Union’s traditional own resources (TOR);

B.	whereas the Commission should fulfil its respective responsibilities under shared management for supervision, control and audit;

C.	whereas according to Article 83 TFEU, corruption is one of the particularly serious crimes with a cross-border dimension;

whereas the consequences of corruption jeopardise the Union’s financial interests and the EU economy as a whole, representing a serious threat to democracy, fundamental rights and the rule of law across Europe, with a serious detrimental impact on citizens’ trust in democratic institutions in the EU and in the Member States;

E.	whereas the diversity of legal and administrative systems in the Member States needs to be adequately addressed in order to overcome irregularities and combat fraud and corruption;

F.	whereas VAT is an important revenue source for national budgets and whereas VAT-based own resources constituted 12,3 % of the total Union budget revenue in 2020;

Welcomes the 32nd annual report on the protection of the European Union’s financial interests and the fight against fraud 2020 (PIF report) and welcomes the new graphic version adopted, which is certainly more accessible to EU citizens;

Recalls that 2020 is the final year of the multiannual financial framework (MFF) for 2014-2020, despite the fact that programmes only need to be finished in 2023, and also the year of the adoption of the MFF for 2021-2027, NextGenerationEU and the rule of law conditionality mechanism;

Takes note of the fact that all 26 Member States bound by the PIF Directive have notified full transposition of its main provisions into national law; notes, however, that the Commission report on the implementation of Directive (EU) 2017/1371 highlights outstanding conformity issues to be addressed, including some to enable effective investigations and prosecutions by the EPPO; calls on the Commission to monitor the situation and encourage Member States to resolve these issues, and to report to the discharge authority in that regard;

Notes that the PIF report highlights the risks related to the COVID-19 pandemic both in terms of revenue and expenditure; notes, in particular, that customs fraud appears to have affected EU Member States to differing degrees; notes, moreover, that the use of simplified procedures and the lower quality of tender specifications in the emergency pose risks to competitive public procurement, in particular by increasing the risk of conflicts of interest and corruption, and by inflating costs or reducing the quality of implementation; notes that proper focus was placed on the healthcare sector and the Recovery and Resilience Facility (RRF), and on the additional risks;

Underlines that COVID-19 may bring new opportunities for fraudsters, owing to the increased risks related to the management of the crisis and the introduction of simplified and urgent procedures in the context of the pandemic, which are prone to abuse; underlines, moreover, the increased pressure on the authorities managing EU funds due to delays and new stress factors that could benefit fraudsters, via inflation, for example; emphasises that all these new risks require adaptation of the control strategies and a focus on prevention through specific mitigating measures and targeted actions to detect future irregularities and fraud; calls on all Member States to maintain a high level of control over and monitoring of emergency spending, especially in the context of urgent procedures; recalls the importance of completing the transition to e-procurement procedures;

Is of the opinion that the experiences gained during the COVID-19 outbreak require specific consideration in the framework of the post-evaluation of the MFF 2014-2020; asks the Commission to duly integrate into such evaluations aspects related to risk assessment, risk management and mitigating measures in respect of irregularities and fraud, as components of a comprehensive analysis on effectiveness, efficiency, coherence, relevance and EU added value and as lessons for future design and conduct; is of the opinion that the post-evaluation of the MFF should be concluded at the latest before the midterm evaluation of the MFF 2021-2027 in order to learn from the past and to better prepare for the future by enabling the conclusions drawn/lessons learned to be channelled into the improvement of the MFF 2021-2027; asks the Commission to examine, in the post-evaluation of the MFF 2014-2020, whether the MFF 2014-2020 reached its targets, how programme spending contributed to the goals of the EU and the Member States, and how the EU funds were affected by fraud and corruption in this period;

Recalls that the new multiannual financial framework (MFF) 2021-2027, coupled with the NextGenerationEU recovery plan, provides the EU with unprecedented funds of EUR 1,8 trillion; stresses that an unprecedented level of attention and control is also required in order to guarantee that these funds are able to make the best contribution to the common goals of the Union;

Stresses the need for complete transparency in accounting for the transfers and loans provided for under the RRF and calls on the Commission to provide for Parliament to have full access to information;

Detected fraudulent and non-fraudulent irregularities

Notes that the total number of fraudulent and non-fraudulent irregularities reported in 2020 amounted to 11 755 cases overall, and involved a value of approximately EUR 1,46 billion; notes the new approach of the MFF 2021-2027, which focuses on EU added value;

10.

Notes that the number of detected irregularities reported as fraudulent is an indication of the level of detection and of the capacity to intercept potential fraud by Member States and Union bodies, and recalls that it is not a direct indicator of the level of fraud affecting the Union budget or a specific Member State; notes that the detection and reporting of an irregularity implies that corrective measures have been taken in order to protect the Union’s financial interests and that, whenever relevant, criminal proceedings have been launched;

11.

Takes note of the number of fraudulent irregularities reported in 2020 (1 056 cases) and their related financial value (approximately EUR 374 million); notes that the number of fraudulent irregularities detected varies considerably among Member States; recalls that the these figures demonstrate the results of Member States’ efforts to counter fraud and other illegal activities and should not be interpreted as an indication of the level of fraud in the Member States; expresses concern about the different criminal law approaches to protecting the EU budget among the Member States; calls on the Commission to address the discrepancies between the Member States’ practices and to consider the introduction of new harmonising measures;

12.

Notes that the number of reported cases in 2020 compared with the five-year average (2016-2020) declined for both fraudulent and non-fraudulent irregularities related to EU revenue, and that the related financial value increased for fraudulent irregularities but decreased for non-fraudulent irregularities;

13.

Takes into consideration the fact that the number of non-fraudulent irregularities registered in 2020 (10 699 cases, of which 6 696 cases related to expenditure) was lower than in the previous years, and that the drop in detection and reporting in certain areas of spending cannot easily be explained and is of concern; notes that the total related financial value of these cases is approximately EUR 1,09 billion;

14.

Underlines that the drop in the total number of reported irregularities cannot be considered as a sign of positive or negative development on its own, but should be seen in the context of new, emerging challenges and linked to new ways of managing and spending EU funds;

15.

Notes that fraud is becoming increasingly appealing for organised crime groups (17); regrets that many Member States do not have specific legislation in place to effectively tackle organised crime, including of mafia type, which is constantly growing, especially in relation to cross-border activities;

16.

Is of the opinion that crimes committed by government officials affect or may affect the EU’s financial interests considerably, and a comprehensive and effective anti-corruption framework is therefore needed in the Member States;

Revenue — own resources fraud

17.

Observes that in 2020, 451 irregularities were reported as revenue-related fraud, 9 % lower than the average number of cases reported each year for 2016-2020; notes, moreover, that the affected amount of TOR estimated and established (EUR 108 million) in 2020 was 6 % greater than the average estimated and established amount for each year in 2016-2020; notes that most cases reported in 2020 as fraudulent or non-fraudulent and affecting EU revenue relate to undervaluation, incorrect classification/mis-description of goods or smuggling; notes, moreover, that inspections by national anti-fraud services were the most successful method of detecting fraud and that they surpassed post-release controls and release controls in detecting fraudulent duty evasion;

18.

Points out that in 2020, 4 003 irregularities were detected and reported as non-fraudulent, 9 % lower than the average number reported each year in 2016-2020, and that the total estimated and established amount of TOR (EUR 382 million) was 8 % lower than the average estimated and established amount for each year in 2016-2020;

19.

Notes that, according to the 2021 VAT Gap Report, in 2019 the EU VAT Gap dropped to EUR 134 billion in nominal terms (a decrease of almost EUR 6,6 billion with respect to 2018); notes, moreover, that the study only provides fast estimates for 2020 for 18 Member States owing to significant changes in the tax regimes and structures of the economies following the outbreak of the pandemic, which means that it is not yet possible to judge whether the EU-wide VAT Gap will decline or incline in 2020; notes that the econometric analyses confirmed that the VAT Gap is influenced by a group of factors, of which, within the control of tax administrations, the share of IT expenditure and the application of additional information obligations for taxpayers proved to have the highest statistical significance in explaining the size of the VAT Gap;

20.

Concludes, on the basis of variations in annual detection rates, that not all Member States’ customs authorities suffered in the same way from the COVID-19 pandemic;

21.

Calls on Member States to assess the risks and shortcomings of their respective national customs control strategies, with the aim of improving the flexibility of customs checks and reducing the potential impact of unexpected future events; calls on the Commission to help Member States to ensure the implementation of uniform controls within the EU;

22.

Notes that in 2020, footwear, textiles, vehicles, and electrical machinery and equipment were the types of goods most affected by fraud and irregularities in terms of numbers of cases and monetary value, and that most cases related to undervaluation, incorrect classification/mis-description of goods or smuggling;

23.

Takes note of the Advocate General’s opinion of 9 September 2021 concerning the Court of Justice of the European Union (CJEU) proceedings against the UK for alleged undervaluation fraud concerning textiles and shoes imported from China via the UK, based on the investigations carried out by OLAF and by the Commission’s own resources management; notes the Court’s judgment of 8 March 2022 declaring that the UK has failed to fulfil its obligations by failing to apply effective customs control measures and make available to the Commission the correct amount of traditional own resources in respect of the imports concerned;

24.

Notes that the CJEU partly rejected the Commission’s calculation due to a considerable uncertainty regarding the accuracy of the amounts of own resources claimed by the Commission and the Commission has not established the full amounts to the requisite legal standard; notes that the CJEU approved the method used by the Commission for estimating the amount of TOR losses for part of the infringement period and stated that it is for the Commission to recalculate the losses of EU own resources remaining due; calls on the Commission to explain to the discharge authority what the errors in the calculation consisted of and how it intends to remedy the error in the calculation of the losses to the requisite legal standard, and to inform the discharge authority about the result of the new calculations;

25.

Notes that over the past five years, the annual recovery rate has varied between 52 % and 71 % and that the recovery rate for cases reported in 2020 is currently 71 %; notes, however, that recovery rates vary among the Member States owing to factors such as the type of fraud or irregularity, or the type of debtor involved; notes that in 2020, China remained the country from which the most goods affected by fraudulent and non-fraudulent irregularities originated;

Expenditure fraud

26.

Observes that 605 expenditure irregularities were reported as fraudulent in 2020, with a related financial value of EUR 266 million;

27.

Notes that the number of expenditure irregularities reported as non-fraudulent in 2020 was 6 696;

28.

Notes that the PIF report mentions the importance of transparency with regard to the use of public funds, as it constitutes a deterrent element and involves civil society in improving trust; calls on the Commission to work towards increasing the transparency of beneficiaries, including contractors, sub-contractors and beneficial owners of EU funds; calls on Member States to also strengthen transparency in the use of EU funds, particularly for emergency procurement, since eight Member States reported that they have still not done so;

29.

Notes that, over the period 2016-2020, the detection of fraud in the context of the common agricultural policy (CAP) was concentrated in a small number of Member States and that this was not substantiated by a similar level of payments to those Member States from the CAP budget; notes moreover that, the majority of fraudulent irregularities concerning support to agriculture involved the use of false documents or false requests for aid, and that their number remained largely stable; observes furthermore that, as a proportion of the payments received by the Member States, the rural development part of the budget was more affected by fraud than support for agriculture, with the exception of market measures, for which incidences of fraud were higher than for rural development; notes that in relation to rural development, the falsification of documents was the main fraudulent practice; underlines that more investigations need to be carried out and further appropriate measures put in place against the use of EU funds in agriculture-related activities by companies that do not respect employment laws or the fundamental rights of workers, as demonstrated by the situation of workers in agriculture, in particular during the COVID-19 pandemic; is concerned by the fact that the reporting of fraud related to rural development for 2014-2020 had a slow start, which might indicate insufficient detection efforts in EU Member States;

30.

Notes that between 2016 and 2020, the number of irregularities reported related to the Cohesion Fund, the European Regional Development Fund, the European Social Fund and the Fisheries Funds for the 2014-2020 programming period increased; stresses, however, that for all funds, and in particular the European Regional Development Fund, as regards non-fraudulent irregularities, this increase was limited, highlighting an exceptional fall in the number of detected irregularities (and related financial amounts) in comparison to the previous programming period; notes, moreover, that in relation to the 2007-2013 programming period, the number of fraudulent and non-fraudulent irregularities decreased for the Cohesion Fund, the European Regional Development Fund, the European Social Fund and the Fisheries Funds, in line with the implementation cycle; notes that a number of implementation rules changed from one programming period to the next;

31.

Is of the opinion that companies and organisations which involve offshore companies and organisations in their ownership structures should be excluded from the use of EU funds;

32.

Points out that complete transparency in accounting for expenditure is essential, particularly with regard to infrastructure works financed directly through EU funds or financial instruments; calls on the Commission to provide for EU citizens to have full access to information on co-financed projects;

External dimension of the protection of the EU’s financial interests

33.

Is of the opinion that EU institutions and bodies should put more emphasis on the funds spent in non-EU countries in order to verify that those funds are spent in accordance with the rules and without the involvement of fraud or corruption, and to confirm whether they contribute to the goals of the Union’s development and external policy; recommends the suspension of budgetary support in non-EU countries where authorities manifestly fail to take genuine action against widespread corruption, while ensuring that the assistance reaches the civil population through alternative channels;

34.

Notes that until the end of 2020, EU spending on development cooperation was spread over several funds, and that the new Neighbourhood, Development and International Cooperation Instrument (NDICI) consolidates all the earlier funding options into one instrument as part of both the annual budget and the MFF 2021-2027; points out that the NDICI has an overall allocation of EUR 79,5 billion for the period 2021-2027; recommends the mainstreaming of an anti-corruption approach into all EU external action instruments, including in the NDICI, the Instrument for Pre-Accession Assistance (IPA) and EU trust funds; calls for greater priority to be given to the fight against corruption in pre-accession negotiations and the establishment of a set of criteria with a strong conditionality framework and a focus on capacity building, such as via specialised anti-corruption bodies;

35.

Regrets that according to ECA Special Report No 01/2022, EUR 700 million in financial support for the improvement of the rule of law in the Western Balkans provided by the EU between 2014 and 2020 had little impact on fundamental reforms; calls on the Commission to send clear signals to those candidate countries in which a backlash against rule of law standards is jeopardising or delaying their accession to the EU;

36.

Calls for the inclusion in all EU-third country trade and investment agreements of a strong and mandatory conditionality framework with transparency provisions and binding and enforceable anti-corruption clauses; recommends that, as a last resort, the EU should impose sanctions or suspend agreements in the event of serious acts of corruption;

37.

Calls for the monitoring of corruption risks involved in large-scale construction and investment projects undertaken by authoritarian non-EU countries in Member States, paying particular attention to transparency in these projects, which often raise concerns about non-transparent financing or fiscal risks;

38.

Considers that Parliament should be fully involved in the spending of all grants, loans and other financial help that the EU provides to Ukraine;

Digitalisation in the service of the protection of the EU’s financial interests

39.

Calls for a greater degree of digitalisation, interoperability of comparable data systems and harmonisation of reporting, monitoring and auditing in the EU; calls on the Commission to explore the possibility of using AI in the service of the protection of the EU’s financial interests and, to this end, reiterates its call on the Commission and the Member States to harmonise definitions in order to obtain comparable data across the EU; is of the opinion that all EU bodies working in the field of the protection of the EU’s financial interests, including OLAF, the EPPO, Eurojust, Europol and the ECA, should have direct and timely access to data systems such as ARACHNE and the Early Detection and Exclusion System (EDES);

40.

Considers that the use of the ARACHNE risk scoring tool in the MFF 2021-2027 and the NextGenerationEU recovery plan, especially with regard to the implementation of the RRF should be made mandatory as soon as possible; suggests that ARACHNE should be indicated as one of the main tools endowing the national anti-fraud strategies (NAFS) that the Member States are expected to adopt in order to improve the integration of anti-fraud architecture; recalls the observations outlined by Parliament in its resolution of 24 November 2021 (18) on the revision of the Financial Regulation, and reiterates once more its urgent call for the Commission to establish an EU-wide, mandatory, integrated and interoperable system building on, but not limited to, existing tools such as ARACHNE and EDES; recalls that this system must contain information on all EU co-financed projects, beneficiaries and beneficial owners, and allow for the aggregation of all individual amounts concerning the same beneficiary or beneficial owner; calls on the Commission, moreover, to assess, and to report to Parliament, the reasons preventing Member States from fully adopting and using ARACHNE; believes that making the system more user-friendly could encourage national authorities to adopt and use it;

41.

Urges the Commission to extend the scope of EDES to include the funds under shared management in the context of the revision of the Financial Regulation (19);

42.

Calls on the Commission to continue providing the Member States with full information on direct expenditures, for example by means of the Financial Transparency System, in particular in the framework of the RRF, which will also help to avoid double funding;

The Commission’s (2019) anti-fraud strategy

43.

Notes that by June 2021, two thirds of the actions of the Commission’s 2019 anti-fraud strategy had been implemented, while implementation of the remaining third was ongoing; calls on the Commission to report on the implementation of the remaining actions; notes, moreover, that good progress was made on a number of actions aimed at increasing coordination and cooperation between Commission departments and equipping the Commission with a more effective system of anti-fraud oversight; notes that the monitoring of the follow-up to OLAF recommendations was made more efficient in 2020, taking stock of about 1 400 financial recommendations issued between January 2012 and June 2019;

44.

Is aware that the new Commission anti-fraud strategy (CAFS), adopted in 2019, asked for the enhanced strategic analysis of fraud-related data and the identification of relevant and reliable indicators to successfully fight against fraud; recalls the conclusions of ECA Special Report No 01/2019 entitled ‘Fighting fraud in EU spending: action needed’, which points out that the Commission lacks comprehensive and comparable data on levels of detected fraud in EU spending;

45.

Regrets that little support has been given to Member States in the first years of implementation of the CAFS, as has also been pointed out by some delegations during debates in the Council; reiterates that comprehensive and comparable data on the scale, nature and causes of fraud is essential to make even more meaningful the investigative actions by OLAF and, since it has taken up operational activities, the EPPO; recalls that Member States have a frontline responsibility for managing about 80 % of the expenditure budget and for collecting almost all the revenue; highlights the important role Member States therefore play in protecting the EU’s financial interests, with a key role played by the NAFS, whose establishment should be a priority in all Member States;

46.

Emphasises that a system enabling the authorities to exchange information would facilitate the cross-checking of accounting records for transactions between two or more Member States in order to prevent cross-border fraud in respect of the structural and investment funds, thus ensuring a cross-cutting and comprehensive approach to the protection of Member States’ financial interests;

Member State level: national anti-fraud strategies (NAFS) and anti-fraud coordination services (AFCOS)

47.

Notes with concern that by the end of 2020, only 14 Member States reported having adopted a NAFS, up from 10 in 2019, with five others considering adopting or preparing a NAFS; notes, however, that these strategies vary in scope and depth and that some need to be updated; is further concerned that eight Member States have not yet started working on setting up their NAFS; calls for more Member States to adopt a NAFS and to report it to the Commission; calls on the Commission to provide tangible support and advice to the Member States, by way of guidelines on drafting NAFS and advisory services on the setting-up and functioning of AFCOS, and reiterates its call for analysis of the adopted NAFS and of the reasons for which some Member States do not adopt a NAFS;

48.

Stresses the importance of better coordinated, holistic anti-fraud efforts in Member States, with NAFS to be updated to face the new risks posed by the increased amounts of the EU funds, including the new MFF 2021-2027 and NextGenerationEU, and by the COVID-19 pandemic; calls on the Commission to assess the NAFS that have been adopted, to examine why Member States are lagging behind in adopting them, and to push the remaining Member States to progress with the adoption;

49.

Recalls that AFCOS should facilitate effective cooperation and information sharing with OLAF; regrets, however, that only some Member States effectively coordinate the fight against fraud and corruption affecting the EU’s financial interests;

50.

Commends OLAF on its invaluable contribution to the protection of the EU’s financial interests; stresses that OLAF is chronically understaffed and lacks financial resources;

OLAF and EPPO

51.

Welcomes the revised OLAF Regulation, which was adopted in December 2020 and entered into force on 17 January 2021, and which sharpens the investigative tools to fight fraud against the EU budget, setting out clearer rules and governing cooperation between the EPPO and OLAF; takes note of OLAF’s internal reorganisation in June 2020; asks the EPPO and OLAF to avoid any overlapping of work and any delays in proceedings; is of the opinion that OLAF and the EPPO should complement each other’s work and focus their investigations on those fields where the other institution has no competences;

52.

Emphasises the importance of OLAF adhering to the highest standards in its investigations and fully complying with all rule of law requirements;

53.

Welcomes the fact that Article 9(a) of the revised OLAF Regulation envisages a controller of procedural guarantees responsible for monitoring OLAF’s compliance with procedural guarantees and handling complaints by persons concerned; notes that the controller of procedural guarantees has not yet been appointed; is very concerned by complaints from persons concerned by OLAF investigations regarding violations of their rights, which compromised their ability to defend themselves against the allegations made against them; calls on OLAF and the controller of procedural guarantees to make sure that the procedural rights of persons concerned are fully respected;

54.

Is concerned about the decrease of the indictment rate from 53 % in the 2007-2014 period to 37 % in the 2016-2020 period in the cases put forward to the Member States by OLAF; calls on the Member States’ authorities to cooperate closely with OLAF and examine the transmitted investigation reports and the judicial recommendations carefully, and to open criminal cases wherever they are necessary to ensure that misused EU funds are recovered; invites OLAF to review its previous analysis of the reasons for the low indictment rate and to follow the recommendations issued by its Supervisory Committee in Opinion No 1/2021, such as a review of the current system of monitoring procedures and more timely cooperation with national judicial authorities; calls on OLAF to regularly follow up on its judicial recommendations and add data about them into its annual report;

55.

Is of the opinion that OLAF should also follow up on its financial recommendations in order to compare them with the amounts recovered at the end of the procedures by the Commission and contribute to the overall monitoring of the recovery of funds;

56.

Notes that the Hercule III programme was deployed by OLAF to strengthen the operational capacity of national and regional anti-fraud authorities in the domain of training activities and IT support until 2020; notes that the assessment of Hercule III was finalised at the end of 2021 and that it was concluded that the programme was highly relevant and effective in protecting the EU’s financial interests, as it had successfully met its general, specific and operational objectives; notes that Hercule III has been replaced by the EU Anti-Fraud Programme for the duration of the MFF 2021-2027;

57.

Recognises the principle of confidentiality of OLAF investigations; is of the opinion, however, that there is an overarching public interest and that EU citizens also have the right to access the reports and recommendations relating to closed OLAF investigations and national follow-up procedures, as recognised by the CJEU in Case T-517/19; therefore asks OLAF to set up a mechanism to publish the reports and recommendations for which there is no longer any legitimate reason to maintain the principle of confidentiality;

58.

Takes note of the working arrangement signed on 3 September 2021 for a framework cooperative relationship between both the EPPO and the ECA; notes, moreover, the administrative arrangements signed in 2019 between OLAF and the ECA;

59.

Welcomes the fact that the EPPO became operational on 1 June 2021; welcomes its first annual report; welcomes the fact that the EPPO has opened 576 investigations since becoming operational and that it has requested that a total of EUR 154,3 million be seized, of which the seizure of EUR 147 million was granted; is concerned about the EPPO’s estimate that the total damages caused by fraud and corruption amount to EUR 5,4 billion; deeply regrets that five Member States — Poland, Hungary (the two biggest beneficiaries of EU funds), Sweden, Denmark and Ireland — are not participating in the EPPO; calls on these Member States to join the EPPO as soon as possible; is concerned that Poland refuses any kind of cooperation with the EPPO, while coming top of the non-participating countries in terms of the number of investigations involving its citizens; urges the non-participating Member States to sign cooperation agreements with the EPPO; is of the opinion that the failure of Member States to cooperate with the EPPO has a direct effect on the protection of the EU’s financial interest; calls on the Commission to incentivise participation in the EPPO through positive measures;

60.

Welcomes the joint efforts of OLAF and Europol to assess the threats and vulnerabilities of the RRF instrument; welcomes the working arrangement between OLAF and Europol, which entered into force on 9 October 2020, and the agreement between Europol and the EPPO, which entered into force on 19 January 2021;

61.

Highlights the role of the EPPO in the new anti-fraud infrastructure; notes, moreover, the working arrangements agreed in 2020 and signed in July 2021 between the EPPO and OLAF, especially as regards the exchange of information, case management and operational cooperation;

62.

Notes that in July 2020 the Council appointed the 22 European prosecutors; recalls that the EPPO is to work hand in hand with national law enforcement authorities and that it exercises the function of prosecutor in the competent courts of the participating Member States while at the same time closely cooperating with EU agencies and bodies such as Eurojust, Europol and OLAF; notes that this unique position is designed to enable the EPPO to draw upon existing experience and best practices at national and EU level; expects the Commission to duly consider the EPPO’s reassessment of its staff needs based on its workload experience and to make the financial adjustments required to guarantee its operational effectiveness and efficiency;

63.

Notes the observations and considerations expressed by the European Chief Prosecutor on the need to amend the EPPO Regulation; calls on the Commission to engage in a discussion with the EPPO to identify the improvements needed to enhance its operational effectiveness; asks the Commission to report to Parliament in line with Article 119 (1) of the EPPO Regulation;

64.

Stresses the need for the creation of an EU Green Prosecutor through the extension of the EPPO’s mandate in accordance with Article 86(4) of the TFEU in order to improve the implementation and enforcement of EU environmental legislation, combat serious environmental crimes with a cross-border dimension and protect the EU budget; insists on the need to increase the EPPO’s budget and staffing in order to ensure it has capacity to effectively fulfil its role in all its areas of competence;

65.

Notes the role of AFCOS in coordinating at Member State level the legislative, administrative and investigative obligations and activities in relation to the protection of the EU’s financial interests and in ensuring cooperation with OLAF;

66.

Welcomes Operation Sentinel launched by Europol, which is intended to focus on proactive intelligence sharing, information exchange and supporting the coordination of operations to tackle fraud against COVID-19 EU recovery funds, as the operation aims to map vulnerabilities inherent in national allocation systems, detect fraud schemes used to target the fund allocation system and support high-priority investigations against high-value objectives; welcomes the involvement of the EPPO, OLAF and 21 EU Member States; is concerned about the fact that the Member States which are major beneficiaries of cohesion funds, among others Poland, Hungary and Bulgaria, are not participating in the operation; calls on all Member States to join the operation; calls on the Member States, furthermore, to cooperate closely with one another and with the EU bodies to enable action to be taken against fraud involving several countries at once;

67.

Calls on OLAF, the EPPO, Europol, the AFCOS designated by national legislation, and the other EU and national agencies responsible to keep strengthening the exchange of information, reciprocate support and ensure complementarity in their operational activities, as agreed in the established working arrangements and regulations; highlights that the complex anti-fraud architecture in place requires close cooperation between the various players, at both EU and national level; underlines that more efforts are needed to prevent and fight fraud, corruption and other illegal activities, including closer cooperation with national authorities, between Member States and at EU level;

Rule of law and the fight against corruption

68.

Welcomes the adoption of Regulation (EU, Euratom) 2020/2092 on a general regime of conditionality for the protection of the Union budget; reiterates that it entered into force on 1 January 2021 and that it has therefore been applicable since then; welcomes the judgments of the CJEU of 16 February 2022 concerning the actions brought by Hungary and Poland against the conditionality mechanism and its conclusions confirming that the EU does indeed have competences regarding the rule of law in the Member States and that the Rule of Law Conditionality Mechanism is perfectly in line with EU law;

69.

Is of the opinion that it is high time for the Commission to fulfil its duties as ‘guardian of the Treaties’ and to tackle the ongoing violations of the principles of the rule of law in several Member States, particularly Poland and Hungary, given that these violations represent a serious danger to the Union’s financial interests since compliance with these principles is a prerequisite for sound financial management in general and the efficient and effective management of EU funds; welcomes the Commission’s announcement that it will apply the Rule of Law Conditionality Mechanism by sending a written notification under Article 6(1) of Regulation (EU, Euratom) 2020/2092 to Hungary; is of the opinion that the rule of law is a universal concept and that the Commission should consider the application of the Rule of Law Conditionality Mechanism to all Member States which fail to respect the rule of law without exception; warns that the delays might already be having a detrimental impact on the financial interest of the EU and the state of the rule of law in certain Member States;

70.

Calls on the Commission to take account of Parliament resolutions related to the breaches of rule of law by the Polish and Hungarian governments; calls on these governments to fully cooperate with the Commission and fulfil the conditions required for the release of funds; is of the opinion that if these Member States fail to comply with these conditions, the Commission should temporarily and directly manage the EU funds via local governments and civil society organisations;

71.

Recalls that compliance with the rule of law and with Article 2 of the TEU are prerequisites for gaining access to funds, that the Rule of Law Conditionality Mechanism is fully applicable to the RRF and that no measures should be financed under the RRF that are contrary to the EU values enshrined in Article 2 of the TEU;

72.

Insists that no payments can be made to Poland under the RRF until its full implementation of all relevant judgments of the CJEU and the European Court of Human Rights, and until its national authorities have acknowledged the primacy of EU law;

73.

Urges the Commission to ensure, in order to increase transparency, that Parliament is kept fully apprised about all negotiations between the Commission and national authorities, and to inform Parliament immediately about any relevant developments;

74.

Calls on the Commission to use all tools at its disposal to ensure compliance with the values enshrined in Article 2 of the TEU and with the primacy of EU law; stresses that the Commission and the Council are politically accountable to Parliament for their actions;

75.

Recognises all efforts made especially by Member States neighbouring Ukraine in welcoming people fleeing the war there; is of the opinion that the EU has an obligation to help Member States bear these exceptional burdens; recalls, however, that no payment can be made if a Member State refuses to abide by CJEU rulings and to acknowledge the primacy of EU law; stresses the need for Parliament to be kept fully informed about all allocations for these purposes and the use of EU funds for helping Ukrainian refugees in beneficiary Member States;

76.

Recognises the importance of the annual rule of law report and the fact that the fight against corruption is an integral part of the report; is of the opinion, however, that it cannot substitute the anti-corruption report; welcomes the Commission’s intention to equip the rule of law report with specific recommendations to the Member States; is of the opinion that the Commission should consider the establishment of a corruption index based on strict and easy-to-apply criteria and should reflect upon the performance of the Member States in fighting corruption and add its findings to the anti-corruption chapter of the rule of law report;

77.

Is very concerned by the findings of the 2020 Rule of Law Report, which highlights concerns about the effectiveness of the investigation, prosecution and adjudication of corruption cases, including high-level cases in several Member States; insists that high-level corruption must be systematically prosecuted;

78.

Highlights the detrimental effects of corruption on the rights of citizens; reiterates, therefore, its recommendation that the EU should become a member of the Group of States against Corruption, bearing in mind the specific nature of the EU, its institutions and EU law; calls on the Commission to present a possible plan for membership, within the framework of Article 83 of the TFEU and in conjunction with Article 218 TFEU; reiterates its call, moreover, for the Commission to present a plan on the setting-up of an internal corruption evaluation mechanism for the EU institutions;

79.

Calls on the Commission to provide for proper legal protection for investigative journalists along the lines of that provided for whistleblowers;

80.

Recognises the crucial role of media pluralism and journalists in protecting the Union’s financial interests by uncovering fraud and corruption; calls on Member States to ensure their protection and the protection of their sources; encourages a swift adoption and implementation of the directive on strategic lawsuits against public participation (the anti-SLAPP directive); calls on the Commission and Member States to fight against any kind of illegal use of spyware and hacking software such as Pegasus or Predator; believes that transparency is the best way to fight against fraud and corruption;

81.

Stresses the need to make the disbursement of direct and indirect loans conditional on the publication of country-by-country tax and accountancy data, and on the disclosure of information on beneficial ownership by the beneficiaries and financial intermediaries involved in financing operations;

82.

Takes the view that funds should be repaid whenever cases of corruption or fraud have been proven;

The anti-fraud architecture of the EU and the Commission’s annual reporting

83.

Considers that the financing of the EU has entered a new era with the adoption of the NextGenerationEU recovery plan and that this provides the EU’s anti-fraud architecture with additional challenges; is therefore strongly of the opinion that the anti-fraud architecture needs to be further strengthened; stresses that OLAF, the EPPO, Europol and Eurojust are understaffed and lacking in financial resources; notes that Europol and Eurojust are especially overburdened in the light of their newly adopted mandates and EU-wide operations targeting criminal assets in relation to the Russian invasion of Ukraine; reminds the Commission and the Council that every euro spent on monitoring and investigation returns to the EU budget;

84.

Welcomes the NextGenerationEU — Law Enforcement Forum (NGEU-LEF), a joint initiative co-led by Europol and Italy, which brings together Europol, the EPPO, OLAF, Eurojust, the EU Agency for Law Enforcement Training and the Member States, to establish a joint way forward in preventing and countering the threats against NextGenerationEU funds and the EU’s financial interest;

85.

Endorses the call of the Commission for ‘European vision’ in cooperation between and the coordination of the actions of EU bodies and national authorities; believes that a more structured holistic approach is needed in order to avoid overlapping, to share and exchange information and to foster the integration of the several existing layers of the anti-fraud architecture and achieve a result that is bigger than the sum of its components;

86.

Calls on the Commission to explore new avenues for making the annual PIF report a comprehensive analysis alongside other annual reports and sources of information, by enhancing and promoting dialogue between Europol, Eurojust and the EPPO, and by identifying trends in fraudulent and non-fraudulent irregularities, diagnosing weaknesses, and learning useful lessons to enhance the adoption of fraud-proofing measures by all stakeholders;

87.

Notes the need for a specific annual Commission report on the analysis and state of play of the overall anti-fraud infrastructure, assessing, among other things, the level of interoperability of EU actors in the fight against fraud, and addressing possible links with the European Semesters and country reports, the anti-corruption report, and the application of the Rule of Law Conditionality Mechanism;

88.

Highlights that in order to combat corruption effectively so as to avoid illegal lobbying and revolving door situations and to protect the EU’s financial interests, the Commission should adopt a holistic, coherent, systematic and consistent approach by developing better rules on transparency, incompatibilities and conflicts of interest, as well as on strengthening internal control mechanisms; underlines that improved transparency on beneficiaries of EU and national funding will also be important to cope with the new and challenging international context;

89.

Reiterates the unsatisfactory level of analysis provided in the annexes to the PIF report regarding cases of conflicts of interest; calls for the Commission to engage in such analysis, in line with Article 61 of the Financial Regulation and the issuing on 7 April 2021 of the ‘Guidance on the avoidance and management of conflicts of interest under the Financial Regulation’ for the benefit of the Member States;

o o

90.

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

(1) OLAF, Twenty-first report of the European Anti-Fraud Office, 1 January to 31 December 2020, 2020.

(2) OLAF Supervisory Committee, Annual Report 2020, June 2021.

(3) OJ L 248, 18.9.2013, p. 1.

(4) OJ L 437, 28.12.2020, p. 49.

(5) OJ L 305, 26.11.2019, p. 17.

(6) OJ L 198, 28.7.2017, p. 29.

(7) OJ L 283, 31.10.2017, p. 1.

(8) OJ L 274, 28.10.2019, p. 1.

(9) OJ L 424, 15.12.2020, p. 1.

(10) OJ L 433 I, 22.12.2020, p. 1.

(11) OJ L 84, 20.3.2014, p. 6.

(12) OJ L 172, 17.5.2021, p. 110.

(13) Texts adopted, P9_TA(2022)0042.

(14) Opinion of Advocate General Pikamäe of 9 September 2021, Case C-213/19, European Commission v United Kingdom of Great Britain and Northern Ireland, EU:C:2021:724.

(15) Judgment of 8 March 2022, Case C-213/19, European Commission v United Kingdom of Great Britain and Northern Ireland, EU:C:2021:724.

(16) Judgment of the General Court, 1 September 2021, Case T-517/19, Andrea Homoki v European Commission, EU:T:2021:529.

(17) Commission communication of 14 April 2021 on the EU Strategy to tackle Organised Crime 2021-2025 (COM(2021)0170).

(18) OJ C 224, 8.6.2022, p. 37.

(19) 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.

7.2.2023

Official Journal of the European Union

C 47/250

P9_TA(2022)0301

Better regulation: Joining forces to make better laws

European Parliament resolution of 7 July 2022 on Better regulation: Joining forces to make better laws (2021/2166(INI))

(2023/C 47/21)

The European Parliament,

—	having regard to Article 5 of the Treaty on European Union (TEU),

—	having regard to Protocol No 1 on the role of national parliaments in the European Union,

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

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

—	having regard to the communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled ‘Better regulation: Joining forces to make better laws’ (COM(2021)0219),

—	having regard to the Commission staff working document of 3 November 2021 entitled ‘Better Regulation Guidelines’ (SWD(2021)0305),

—	having regard to the development cooperation objectives in Article 208 of the Treaty on the Functioning of the European Union (TFEU),

—	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 its resolution of 25 November 2020 entitled ‘A New Industrial Strategy for Europe’ (1),

—	having regard to the better regulation toolbox, which complements the Better Regulation Guidelines, both from November 2021,

—	having regard to the Interinstitutional Agreement of 16 December 2003 on better law-making, and to its most recent version, the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (2),

—	having regard to the Commission communication of 24 March 2021 on the EU strategy on the rights of the child (COM(2021)0142),

—	having regard to the opinion of the European Committee of the Regions entitled ‘Better regulation: Joining forces to make better laws’ (CDR 4071/2021),

—	having regard to the report of 10 July 2018 presenting the findings of the Task Force on Subsidiarity, Proportionality and ‘Doing Less More Efficiently’,

—	having regard to its resolution of 24 June 2021 on European Union regulatory fitness and subsidiarity and proportionality — report on Better Law Making covering the years 2017, 2018 and 2019 (3),

—	having regard to its resolution of 9 June 2022 on Parliament’s right of initiative (4),

—	having regard to the European Court of Auditors special report No 16/2018 of 12 June 2018 entitled ‘Ex-post review of EU legislation: a well-established system, but incomplete’,

—	having regard to its resolution of 9 June 2016 for an open, efficient and independent European Union administration (5),

—	having regard to its resolution of 16 December 2020 on a new strategy for European SMEs (6),

—

having regard to its resolution of 15 January 2020 on the European Green Deal, which welcomes the commitment by the Commission to ensure that all EU actions should help the EU achieve a sustainable future and a just transition, and to update the better regulation guidelines accordingly, requiring, inter alia, that a ‘sustainability first’ principle be integrated into the Better Regulation Agendas of the EU and its Member States (7),

—	having regard to President von der Leyen’s speech of 16 July 2019 (8),

—	having regard to the plenary debate of 7 June 2021 on the ‘State of the SMEs Union — Implementation of the better regulation agenda / Reduction target for administrative burden’ (9),

—	having regard to Rule 54 of its Rules of Procedure,

—	having regard to the opinions of the Committee on Development, the Committee on the Environment, Public Health and Food Safety, the Committee on Industry, Research and Energy, the Committee on Constitutional Affairs and the Committee on Petitions,

—	having regard to the report of the Committee on Legal Affairs (A9-0167/2022),

whereas better law-making is a common goal for all EU institutions, and should be achieved by increasing transparency, accountability and cooperation between the institutions, Member States, citizens and stakeholders, ensuring full respect of all fundamental European values, including democracy, the rule of law and human rights; whereas transparency, integrity and accountability are also essential prerequisites of a democracy based on the rule of law; whereas European legislation should be fit for purpose, proportionate, clear, transparent and comprehensive in order to effectively benefit citizens and stakeholders; whereas better regulation helps to ensure that EU policies and legislation are geared towards the future, taking account of the faster pace of technological, societal and environmental developments; whereas, therefore, it will be increasingly important to back up regulatory proposals with evidence based on the most appropriate assessments and reliable peer-reviewed scientific evidence, as well as respect for the precautionary principle; in this regard, calls on the Commission to manage the evidence transparently, and to ensure that it is findable, accessible, interoperable and reusable; underlines that quality law-making cannot be reduced to quantitative targets for the short-term reduction of burdens and costs alone, but should deliver for everyone as a long-term investment in the shared prosperity of our societies and our future;

whereas the Commission should fully comply with the provisions of Article 6(4) of the European Climate Law (10), which provides that any draft measures and legislative proposals need to be consistent with the fulfilment of the Union’s climate neutrality objective by 2050; whereas, to this end, the Commission must assess the consistency of all draft measures or legislative proposals, including budgetary proposals, with climate neutrality objectives and whether they ensure progress on adaptation to climate change;

whereas the new climate consistency checks have only been applied to impact assessments of draft legislative measures and proposals as of 1 January 2022, in spite of the entry into force of the European Climate Law in July 2021, meaning that the provisions of the law have not been implemented for a number of proposals relevant to the European Green Deal;

whereas the approach for checking compliance with the European Climate Law in impact assessments and evaluations is outlined in the communication on better regulation and in the subsequent guidelines and toolbox; whereas the Commission, however, should apply these checks systematically and do so at the beginning of the process of preparing a new draft measure or a fitness check of existing legislation so that it can genuinely guide policy choices; whereas the European Climate Law obliges the Commission to provide reasons in the event of non-alignment of a draft measure or legislative proposal with the objectives of the European Climate Law, as part of the consistency assessment referred to in Article 6(4);

E.	whereas in 2021 the Commission adopted its communication entitled ‘Better regulation: Joining forces to make better laws,’ its guidelines thereon and accompanying toolbox;

whereas better law-making is a means to guarantee legal certainty and should deliver for all and serve the general interest of European society, businesses, workers, citizens, consumers and the environment; whereas high-quality legislation serves the public interest since it directly affects the competitiveness of the EU, its territories and businesses, and also represents a tool for strengthening democracy and direct citizen participation at both national and regional level;

whereas a need for regulatory review exists and, where necessary and appropriate, also for simplification, in order to remove obstacles to the implementation of legislation, including across borders, and to make laws more effective, transparent and comprehensive for the beneficiaries, whether they be citizens or businesses;

H.	whereas the better regulation principles and tools should remain policy-neutral in order to guarantee an objective definition of problems and real alternative policy options to be considered by the Commission, the Council and Parliament;

whereas better law-making must aim to serve the EU’s ambitions and especially its long-term objectives, such as generating economic growth, boosting investment and job creation, ensuring a more competitive and democratic Europe, social progress and the binding objective of Union climate neutrality by 2050, and the long-term priority objective for 2050 that citizens live well, within the limits of our planet; whereas sustainability should be at the heart of quality law-making, placing social, economic and environmental considerations on an equal footing; whereas, by applying the principles of better regulation, the Commission should identify the most effective solutions to maximise benefits, while simultaneously minimising the associated costs;

J.	whereas the Commission has committed itself to step up efforts to promote and improve the inclusive and systemic participation of children in the decision-making process at EU level, notably through child-specific consultation, for relevant future initiatives;

whereas well carried out ex ante and ex post impact assessments, public consultations and the ‘evaluate first principle’ are essential tools for well-informed, better, efficient, accountable and transparent law-making that is tailored to the needs of the beneficiaries; whereas this contributes to the quantification of impacts, factoring in their cost-benefit ratio; whereas such assessments should consider economic, social and environmental aspects with an equal level of detailed analysis and accuracy, taking into account both qualitative and quantitative evidence, also including the impact of policy measures on fundamental rights; whereas the European Court of Auditors published a special report in 2018 with a set of recommendations to improve the quality of ex post reviews;

whereas the ‘Have Your Say’ web portal aims to boost involvement of citizens and stakeholders in EU policy-making and has proven to be a useful tool for the preparation of EU policies; whereas the Commission launched a new version of the tool on 3 July 2020 in order to further improve its consultations and communication with the public and increase transparency; whereas the European Court of Auditors published a special report in 2019 (11) with a set of recommendations to further improve this portal, especially to make it more user-friendly, including with regard to outreach and transparency, as well as the use and availability of translations;

whereas the Regulatory Scrutiny Board assesses the quality of impact assessments as well as of fitness checks and major evaluations to support high-quality decision-making; whereas around one third of impact assessments in 2021 received a negative first opinion; whereas the Board can play an important role in improving European legislation;

whereas respect for multilingualism is a prerequisite for the EU institutions to work properly; whereas Article 1 TEU provides that decisions at EU level must be taken as openly and as closely as possible to the citizen; whereas publicly available European Union websites for funding and tender opportunities within the framework of the EU programmes are often published in the English language first; whereas the translation of these websites can take several months; whereas the availability of these websites in all official languages of the EU is important for fair competition;

whereas the aim of the regulatory fitness and performance (REFIT) programme and the Fit for Future Platform (F4F) is to simplify EU laws and reduce unnecessary administrative and regulatory burdens, as well as costs, with a view to improve regulatory compliance and implementation, while achieving the underlying policy objectives, by focusing on regulatory offsetting and fitness checks of previous, current and future legislation;

P.	whereas the Commission introduced the ‘one in, one out’ approach with the intention of offsetting new burdens resulting from the Commission’s legislative proposals by removing already existing burdens in the same policy area;

whereas the ‘one in, one out’ approach can feed into the REFIT programme by extending it beyond assessing unnecessary burdens arising from individual pieces of existing legislation also to include new legislation and to look at entire policy areas; whereas, at the same time, the ‘one in, one out’ approach needs clarification concerning its implementation in practice, since legislation should always benefit citizens, businesses, workers and consumers;

whereas achieving the benefits of simplification efforts at European level may also be reliant on the co-legislators maintaining the relevant provisions and depends on the choices made by the Member States when transposing them into national law, and on greater efforts from the Commission to coordinate and hold consultations with Member States and local and regional authorities;

whereas in its communication of 24 October 2017 entitled ‘Completing the Better Regulation Agenda: Better solutions for better results’ (COM(2017)0651) the Commission expressed reservations about the ‘one in, one out’ approach and ‘fixing ex ante burden reduction targets’, considering that it ‘would create deregulatory pressures and impair its political responsibility to deliver what needs to be done when it needs to be done’;

T.	whereas according to information published on EUR-Lex (12) the Commission adopted or amended 1 977 legislative or non-legislative acts in 2021; whereas in the same period 1 008 legislative or non-legislative acts were repealed or expired;

U.	whereas the Treaties grant Parliament the direct right of initiative only in very limited cases; whereas Parliament has called for increasing its right of initiative in its resolution on Parliament’s right of initiative;

V.	whereas the functioning of the European Union is founded on representative democracy;

Welcomes the Commission’s aim that EU laws should deliver maximum benefits to citizens and businesses, in particular small and medium-sized enterprises (SMEs), and its intention to make the approach to better law-making more dynamic and adaptable to further developments; further welcomes the Commission’s commitment to making better use of strategic foresight, and calls for its integration into impact assessments and evaluations; underlines that the better regulation agenda should support the green transition of the Union’s economy by allowing, inter alia, innovative and enabling technologies to be brought to market more efficiently; welcomes the Commission’s intention to improve the analysis and reporting of proposals’ impacts, for example on competitiveness and SMEs, territoriality, sustainability, equality, subsidiarity and proportionality, which could also help identify gaps, needs and opportunities, as well as help discover existing risks and trends, and therefore contribute to defining policy priorities and devising strategic planning with a long-term perspective, especially in the least developed countries and with regard to achieving the sustainable development goals (SDGs);

Calls on the Member States and the Commission to acknowledge the need for better regulation and simplification, taking into account economic, environmental, gender and social impacts in an integrated and balanced way;

Further welcomes the Commission’s commitment to mainstream the SDGs in all its legislative proposals, in line with the UN’s 2030 Sustainable Development Agenda, to paying greater attention to gender equality and equality for all, and to ensuring that the ‘do no significant harm’ and precautionary principles are applied across all policy areas; calls for impact assessments also to take into account the impact on the achievement of the 2030 Agenda as a whole; notes with concern that by referring only to ‘relevant SDGs’, the integrated and holistic nature of the 2030 Agenda for Sustainable Development risks being overlooked; recalls the EU’s commitment to being a global front runner in implementing the 2030 Agenda and the SDGs, together with its Member States and their local and regional authorities, and in close cooperation with its international partners; regrets the fact that the Commission has not yet developed an integrated and holistic SDG implementation strategy; recalls that the EU must raise its visibility in developing countries through efficient communication on its cooperation and spending programmes;

Supports the commitment to improved analysis and reporting of environmental impacts in all EU policies through mandatory assessment of the ‘do no significant harm’ principle, and the fact that this assessment is to be applied to proposals from across all policy areas, in order to avoid uneven application; calls for the Commission to clearly define the ‘do no significant harm’ principle in order to ensure its consistent application; welcomes the proposal that sustainability and digitalisation should be better taken into account in law-making; underlines that the assessment of the ‘do no significant harm’ principle must take into account the broader costs and benefits to society, such as in the area of public health, and environmental impacts;

Recommends that the Commission consider implementing a ‘sustainability first’ approach and adopting it for all policy development and evaluation, prioritising long-term sustainability considerations; notes that ‘strategic foresight’ will support the REFIT programme, which identifies opportunities to reduce unnecessary regulatory burdens and ensures that existing EU legislation remains ‘fit for the future’;

Calls, in this regard, for the reports of the Intergovernmental Panel on Climate Change (IPCC) and the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES) to be taken systematically into account in the strategic foresight process; welcomes in this regard the work of the Fit for Future (F4F) Platform, which brings together the expertise of, inter alia, public administrations, non-governmental organisations and small and large businesses in regular meetings to improve existing EU legislation; notes that this platform could also be used to discuss broader themes, such as the green transition;

Recalls that protecting, promoting and facilitating the fulfilment of human rights and democracy is a key priority of EU external action as enshrined in Article 21 TEU and that the Charter of Fundamental Rights of the European Union also applies to its external action; highlights that the EU has repeatedly reaffirmed its commitment to remain an influential player on the world stage and to keep playing a leading role as a global defender of democracy and human rights; regrets, therefore, that the proposal remains limited in translating the tool on fundamental rights in the EU’s better regulation toolbox into the guidelines on the EU’s global commitment and its Treaty-based obligation to human rights; underlines, therefore, the importance of the human rights impacts of all EU external policies, including trade policy and development cooperation, particularly regarding vulnerable groups;

Underlines therefore that the guidelines should be revised and effectively implemented to ensure that human rights are systematically duly taken into account, obliging the EU not to take any action that would prevent or make more difficult the realisation of human rights; underlines that the gender impact should be mainstreamed in all reporting and that, in addition to the general assessment of the human rights situation, human rights impact assessments need to include gender-disaggregated data and evaluate the specific human rights impact on women;

Underlines that environmental and health-related legislation has a direct impact on the life of EU citizens; calls, therefore, on the Commission to draw up a short explanatory memorandum in accessible, non-expert language to accompany all legislative proposals, and to take all appropriate measures to ensure that all EU citizens can understand the essence of a legislative proposal, including the potential effects on their lives;

10.

Welcomes the fact that, in line with the Commission communication of 9 March 2021 entitled ‘2030 Digital Compass: the European way for the digital decade’ (COM(2021)0118), better regulation will aim to promote the ‘digital by default’ principle in future EU legislation as an important tool to support the digital transformation; stresses that technologies such as AI can enhance the legislative process and improve access to information, as well as make legislation more understandable to citizens and companies; calls on the Commission to apply regulatory sandboxes (13) to legislation related to the digital transformation on a case-by-case basis and taking into account EU added value and proportionality, especially with a view to supporting SMEs and start-ups; calls, however, for these sandboxes to be strictly limited in time and scope, properly supervised and in line with EU acquis on personal data protection and fundamental rights;

11.

Considers the development of new forms of digitalisation processes in the decision-making of all three institutions to be an essential challenge and opportunity to strengthen the quality of EU law-making in the digital era; believes that the commitments of the three institutions on such developments should be clearly identified and included in a revised Interinstitutional Agreement on Better Law-Making (IIA on BLM); calls on legislators to employ digitalisation in order to avoid unnecessary administrative burdens and to facilitate legislative work;

12.

Welcomes the Commission’s intention to introduce a digital single reporting instrument for undertakings, consolidating reporting requirements arising from the revision of the Non-Financial Reporting Directive (NFRD), the taxonomy, but also the reporting requirements from the Fit for 55 package in a single tool, which has been designed with specific requirements and ready-made Key Performance Indicators (KPIs) and standards, accessible in a modular and digital way for companies and other organisations;

13.

Stresses the importance of easy access for citizens to the sources of law and the need to create a single transparent website where the entire legislative process and additional documents of all EU institutions can be followed;

14.

Notes that trade still relies on a large number of paper documents; believes that digitalisation and the use of electronic trade documents reduce cost and complexity; calls on the Commission to take advantage of the digital era and tools to reduce certain types of burdens or obligations; stresses the need to explore the use of electronic trade documents, which will increase efficiency and security, and reduce administrative burdens;

15.

Highlights that there are 22,6 million (14) SMEs in the EU and that the Commission should therefore not only perform the SME test more systematically, but should also provide for a mandatory SME test to be performed in all legislative proposals where this is applicable; stresses that such a test should clearly identify how simplification could be attained in terms of costs and benefits, and, where possible, formulate additional recommendations to avoid unnecessary administrative or regulatory burdens for SMEs;

16.

Recalls that the application of the ‘Think Small First’ principle enshrined in the Small Business Act is an essential element of the proportionality test carried out prior to any legislative proposal and should aim at ensuring that SMEs’ voices are heard and that their interests are taken on board as early as possible, in order to foster the development of SMEs, which are the backbone of our European economy;

17.

Calls on the Commission to create the position of SME Envoy to help minimise unnecessary administrative and regulatory burdens across Member States, and who should be appointed with horizontal competences within the Presidency’s Cabinet;

18.

Recalls that the Common Commercial Policy is an exclusive competence of the Union and that the provisions of Article 207 TFEU should be robustly defended and preserved; insists on the need to avoid lengthy ratification procedures regarding trade and investment agreements which contain mixed elements, in order to ensure their timely entry into force;

19.

Strongly believes that all Europeans must be able to follow the EU legislative process; welcomes the Commission’s initiative to make the ‘Have your say’ web portal more accessible to people with disabilities and to consolidate public consultations into a single ‘call for evidence’; calls for all related documents, questionnaires and contributions to be available in all EU official languages as soon as possible; calls for greater transparency of the decision-making process and especially on how replies are taken into account, including by ensuring that replies are properly weighted according to their representativeness, depending on whether they represent individual or collective interests; notes that the design and choice of consultation has a significant effect on the type of input received and the outcome itself; urges the Commission to ensure that all calls for evidence it launches are neutral and unbiased, including by employing questionnaires that are designed in a manner which is evidence-based and formulated with open questions, where applicable; further recalls that petitions to Parliament are a vital form of citizen’s participation and feedback, which the Commission should regularly assess and address;

20.

Calls for greater transparency in the consultation process and for the publication of summary reports of the consultations, available in all EU languages and also accessible to people with disabilities;

21.

Considers that the Commission, in its efforts to ensure that EU policies draw on a clear understanding of policy areas subject to rapid structural change, such as the environment and digitalisation, should make use of the input included in the petitions of citizens and civil society organisations; considers citizens’ participation key in policy areas such as fundamental rights, respect for the rule of law and the fight against all forms of discrimination on any grounds whatsoever;

22.

Believes that the quality of legislation affecting developing countries is determined, among other parameters, by its legitimacy and effectiveness, which in turn depend on the nature of the consultation process, on how responsive that legislation is to the needs of the countries concerned, and whether its implementation achieves the desired results without causing harm; welcomes the Commission’s focus on improving the understanding of the needs and impacts of EU legislation outside the EU by increasing engagement with external partners; calls on the Commission to make this engagement effective by ensuring inclusive, meaningful and effective consultation processes, involving affected stakeholders such as social partners and civil society representatives in developing countries, as well as experts and businesses in the various areas concerned; suggests that the outcome of those consultations and the evidence gathered should truly be used as input when drafting the legislation and, in particular, that the context and the specific needs of affected stakeholders in partner countries where the consultation is to be carried out be taken into account; welcomes the initiative to make consultation processes more focused, clearer and user-friendly; calls on the Commission to ensure that the envisaged simplification of the public consultation process does not harm its effectiveness; highlights the role that the EU delegations can play, particularly in developing countries, and the need to make available the instruments and resources needed for the implementation of these consultations;

23.

Calls for the EU institutions to respect the principles, rights and obligations enshrined in the Charter of Fundamental Rights and EEC Council Regulation No 1/1958, as well as in internal guidelines and decisions, such as the Code of Good Administrative Behaviour, in the field of multilingualism;

24.

Calls for the EU institutions to provide the necessary human resources to ensure that multilingualism is respected throughout the different stages of the legislative process;

25.

Considers the uniformity of linguistic versions in the official EU languages as a crucial prerequisite for a reliable interpretation of existing regulations by courts and EU and Member States’ authorities, and thus as an important contribution to the uniform application and enforcement of EU law; calls for the institutions to substantially meet these requirements in the course of future law-making;

26.

Calls for all European Union websites on funding and tender opportunities to be translated simultaneously into all official languages of the EU, as their initial exclusive availability in the English language puts Member States which do not have English as an official language at a disadvantage;

27.

Insists on the strong links between the implementation of the NextGenerationEU recovery package and the objective of ensuring stronger resilience of EU societies, and the need for the EU institutions to reach out to Union citizens in order to raise awareness about the fundamental nature of these political tasks and their implementation; believes that such outreach should ultimately contribute to more flexible and more effective interinstitutional decision-making capable of responding in a robust and decisive manner to the experiences of the pandemic;

28.

Calls for a stronger political dialogue between the EU institutions and national parliaments, local and regional authorities, the European Committee of the Regions and the European Economic and Social Committee;

29.

Acknowledges the current trend where, within the scope of Protocols No 1 and No 2, national parliaments aim for more engagement through the political dialogue on EU policies in order to develop a greater added value for citizens; further acknowledges requests for similar forward-looking involvement of the European Committee of the Regions in this regard by providing own-initiative opinions;

30.

Recalls that a significant proportion of EU legislation is implemented at sub-national levels which have valuable first-hand experience in applying EU legislation in close contact with the local economy, social partners, civil society and citizens, and can help strengthen the effectiveness and visibility of EU actions;

31.

Reiterates the specificity of local and regional authorities and the need for tailor-made consultations; recommends that the Commission consult the European Committee of the Regions proactively in the development of open consultations and roadmaps for proposals that significantly affect sub-national levels of government;

32.

Stresses that active subsidiarity is an integral component of the better regulation agenda; welcomes, in this regard, the fact that the Commission is making increased use in its legislative proposals of the subsidiarity assessment grid, as suggested in its communication of 23 October 2018 entitled ‘The principles of subsidiarity and proportionality: Strengthening their role in the EU’s policymaking’ (COM(2018)0703);

33.

Expects the Conference on the Future of Europe also to pave the way for further reforms related to the principle of subsidiarity, in particular by also applying subsidiarity in EU governance processes;

34.

Acknowledges that better regulation is a shared objective and a responsibility of all EU institutions; confirms that, as co-legislator, Parliament will streamline its internal services to better contribute to the assessment and monitoring of the impact on developing countries of EU legislation with external dimensions, including of the relevant texts adopted by Parliament relating to legislative procedures and EU spending programmes; confirms also that it will reinforce accordingly the cooperation and coordination between committees, strengthen the expertise on development policies throughout all the relevant committees and clarify the role that the Committee on Development is called on to play as guarantor of the principle of policy coherence for development, as stated in the Rules of Procedure of the European Parliament (Annex VI), all this with the aim of improving the quality and effectiveness of EU legislation;

35.

Recalls that the continuous and attentive review of citizens’ petitions presents great opportunities to make better regulation more inclusive and efficient, and to improve policymakers’ understanding of local and regional realities and of citizens’ concerns and priorities; acknowledges that EU legislation should ensure the equal treatment of citizens and businesses, and the effective enforcement of citizens’ rights throughout the Union and that the strong and equal enforcement of existing European rules should be guaranteed;

36.

Recalls the importance of maintaining close contact between the co-legislators in advance of interinstitutional negotiations, including by inviting representatives of other institutions to informal exchanges of views on a regular basis, in line with the commitment outlined in paragraph 34 of the IIA on BLM; regrets that this commitment has not given rise to any new cooperation structures or to systematic practices for facilitating these exchanges; suggests that the co-legislators agree on a code of good practice in this respect;

37.

Strongly believes that more emphasis must be put on institutional consultation, coordination and cooperation between and within EU institutions; urges the Commission to streamline its internal procedures to systematically associate DG INTPA with all impact assessments, in particular for internal legislation with potential effects beyond the EU, and to duly take into account the inputs, suggestions and recommendations provided by this DG in the framework of policy coherence for development; calls on the Commission to reinforce the involvement and meaningful participation of DG INTPA during interservice consultations and in the GRI (Interinstitutional Relations Group) and the EXCO (Group for External Coordination), and to take duly into consideration the inputs from this leading DG concerning development cooperation and developing countries;

38.

Calls for the mainstreaming of children’s rights in EU legislation through providing for children’s rights impact assessments of the legislative proposals; calls in this regard for the introduction of a children’s rights test in the framework of the impact assessments toolbox, which could consist of consultation of stakeholders, including a child participation mechanism, the identification of affected areas, the measurement of the impact on children and the assessment of alternative mechanisms;

39.

Encourage the Commission, following its commitment enshrined in the EU strategy on the rights of the child, to launch more public consultations addressed to children and adolescents and actively use the EU Child Participation Platform to include the voice of young citizens in the EU decision-making process;

40.

Calls for the institutions to take all necessary measures to ensure the participation of vulnerable people, such as disabled people, in the EU decision-making process; highlights the need for better access to information for all citizens; calls for the launch of more public consultations targeted at particular groups, such as children, young people or older people; calls on all EU decision-makers to take stakeholders’ input into account and ensure effective follow-up in the ensuing decision-making processes;

41.

Calls for the development of impact markers for specific issues such as impacts on vulnerable groups; praises, in this regard, the UNICEF proposal for a child marker evaluating the impact of policies on children and calls for the development of similar mechanisms in other policy areas;

42.

Calls on the Commission to perform impact assessments on all legislative proposals, without exception; deeply regrets that this was not the case for several politically sensitive proposals in the past; recalls that on several occasions Parliament has carried out its own impact assessments in replacement of the Commission’s in order to inform policy-making; calls for a sufficient amount of time and resources to be allocated to impact assessments in order to ensure their quality; nevertheless, recalls that impact assessments help to inform political decision-making, but should never replace or unduly delay the legislative process; highlights, however, that the main focus during the EU’s legislative process should be on quality, transparency and state-of-the-art knowledge and data in the impact assessments and not on the speed at which initiatives are completed; calls for impact assessments to be published immediately upon their completion, and not only when the policy proposal is presented, thus ensuring greater transparency on how EU decisions are taken; acknowledges that the effective implementation of better regulation and, in particular, of the ex ante impact assessments will require an appropriate level of resources; urges the Commission to allocate the appropriate means in this regard;

43.

Highlights and regrets the acknowledged lack of impact assessments for several key legislative files, which can only partly be attributed to the COVID-19 pandemic and notes the Commission’s intention to publish an analytical staff working document with proposals or within three months of their adoption, in cases where an impact assessment was not prepared; stresses that while this is a welcome step towards more transparency, it should not lead to the Commission circumventing its impact assessment obligations, and that the Commission should publish staff working documents at the same time as the legislative proposal;

44.

Welcomes the intention of the Commission to strengthen territorial impact assessments and rural proofing (15), in order to better take into account the needs and specificities of different EU territories, such as urban/rural areas, cross-border areas and outermost regions; recalls the importance of territorial impact assessments for the European Committee of the Regions, including rural impact assessments, urban impact assessments and cross-border impact assessments;

45.

Highlights the need to develop additional tools to assess the environmental impacts of new policies, initiatives and legislation where existing tools are insufficient, in order to ensure that the green ambitions of the von der Leyen Commission, together with its focus on the UN SDGs, become more prominent in the Commission’s impact assessments and legislative proposals; in this regard, calls for the costs that may arise from policy inaction, notably in the areas of health, the climate, the environment and the social dimension, and the cumulative effects arising from delays to be considered; considers that impact assessments must pay equal attention to the evaluation of the economic, social, health and environmental consequences of the Commission’s proposals in particular, and that the impact on the fundamental rights of citizens and on equality between women and men must be assessed;

46.

Regrets the fact that impact assessments of Union policy and legislation on developing countries, in particular of non-development internal legislation, remain few in number and do not properly assess and address the potential impact on developing countries; strongly believes that ex ante impact assessments are a valuable tool for identifying and addressing potential risks of a policy and/or legislative proposal on developing countries, and in particular on the least developed countries; calls on the Commission to pay more attention to the impact of EU legislation on developing countries and to respect and promote the objectives of development cooperation in these initiatives, when relevant, particularly in areas such as migration, environment, agriculture and combating transnational crime, such as organised crime, drug and human trafficking and money laundering; urges the Commission to translate the impact assessments’ conclusions into legal provisions in its non-development legislative acts, so as to better reflect the EU’s commitment to Article 208 TFEU;

47.

Expresses concerns about the implementation of the provisions of the European Climate Law in cases where no impact assessment is performed, especially for politically sensitive proposals, including secondary legislation; recalls that, as agreed under the IIA, the Commission should carry out impact assessments of its legislative and non-legislative initiatives, delegated acts and implementing measures that are expected to have significant economic, environmental or social impacts;

48.

Notes that tool 35 contains elements to guide the performance of impact analyses in developing countries and expects that this tool will be used extensively; considers that the current sectors for which impact assessments should be prioritised need to mirror current and future challenges of the Union and reflect Parliament’s positions, and should show a clear correspondence with the relevant areas of EU law, so as to facilitate the identification of legislation to which particular attention needs to be paid; suggests that the toolbox needs to be further strengthened in order to facilitate the identification and analysis of potential economic, social and environmental impacts in developing countries; suggests that a new heading, ‘Impact on developing countries’, be introduced for specific tools in the toolbox, including, but not limited to, tools 23, 25 and 26; suggests that under that heading, a number of guiding questions be inserted in order to detect whether legislation contributes to the objectives of development policy and to the implementation of the 2030 Agenda in both the EU and developing countries; recalls that human rights impacts, including on children, indigenous people, LGBTIQ people and other vulnerable groups, in developing countries are of importance for European development cooperation; in this regard, calls on the Commission to introduce separate categories of impact assessments on human rights, gender and women’s rights and on the rule of law and good governance in developing countries; recalls that in order to learn from past actions and improve in the future, it is also important to constantly evaluate the effectiveness of the procedures and tools, and, in this regard, calls on the Commission to regularly report back to Parliament on the implementation of tool 35;

49.

Underlines the importance of interlinking human rights impact assessments with the new EU human rights due diligence policy framework by ensuring that the data generated on corporate human rights and environmental risks per sector, business activities and value chains feed into EU-level and national enforcement and monitoring bodies, providing for measurable benchmarks and substantive content;

50.

Recalls that Parliament has set up a dedicated directorate, the Directorate for Impact Assessment and European Added Value, to be able to carry out ex ante and ex post impact assessments with a view to supporting evidence-based policy-making and calls for enough funding and human resources for this directorate and other Parliament services which are designed to support Members’ capacity to improve their function as co-legislators;

51.

Recalls that Parliament assessments should take into account the effectiveness of the provisions in terms of achieving their objectives, ensuring value for money and keeping real costs proportional to benefits, their suitability and relevance to emerging needs, their added value and their internal and external coherence with other policy areas;

52.

Supports the Commission’s commitment to policy reviews and encourages the Commission to make greater use of ex post assessments to evaluate the effectiveness and benefits of legislation which in turn can help inform future policy developments and improve regulatory approaches; stresses the importance of the ‘evaluate first’ principle for ensuring that lessons learnt from the past can influence future policy cycle action; is seriously concerned about the increasing trend of evaluations and impact assessments being carried out in parallel, although evaluation results should feed into any revision of legislation;

53.

Welcomes the fact that quality control for evaluations and their supporting studies has been standardised through interservice groups and quality checklists; observes, however, that the same quality controls are not in place regarding ex post reviews other than evaluations; encourages the Commission to define a set of minimum quality standards for ex post reviews other than evaluations with a view to ensuring their quality across the Commission’s services; considers that such minimum quality standards should require ex post reviews to include a detailed outline of the methodology used, including data collection and analysis tools, a justification of its choice and the limitations involved;

54.

Highlights that monitoring and review clauses in legislation ensure that the necessary data is collected and evaluated; invites the Commission, in cooperation with the European Parliament and the Council, in the context of the existing IIA, to develop an interinstitutional toolbox on review and monitoring clauses, containing, among other things, a taxonomy of possible outcomes and/or ex post reviews that can be requested and guidance on drafting monitoring clauses, both for the EU institutions or bodies and the Member States;

55.

Stresses that ex post evaluations are also an important tool to assess the impact of legislation on citizens and businesses, whereby special attention should be given to the impact on SMEs, and calls on the Commission to enable the F4F Platform and the Member States to provide feedback on the Commission’s cost and benefits estimates after implementation;

56.

Stresses that better law-making objectives need to be regularly reviewed and evaluated against the criteria of the better law-making agenda, including monitoring and reporting; underlines that the objectives need to be well-balanced, proportionate and evaluated in terms of their effectiveness; recalls the importance of comparable EU-wide data for the purposes of this evaluation and calls on the Commission to examine whether the use of the better regulation tools have helped to achieve objectives such as improved policy outcomes;

57.

Welcomes the Commission’s renewed commitment to transparency of the evaluation process and calls for the publication of multiannual evaluation plans, including the relevant background information used; further emphasises the need to increase the availability of public, complete and accessible evidence supporting impact assessments and evaluations, and welcomes, in this regard, the Commission’s intention to improve its evidence registers and the links between them as well as to make its internal databases and repositories easily publicly accessible; supports, in this regard, the Commission’s intention to set-up a Joint Legislative Portal, which should provide the most intuitive layout and user-friendly experience possible in order to avoid information overload and insists on the need to make this joint portal fully operational by the end of 2022; endorses the objective of increased cooperation between the institutions to facilitate and streamline access to all of the data collected on a given policy initiative throughout the legislative process;

58.

Underlines that EU-funded pilot projects and proofs of concept, where possible, can contribute to shape the drafting of legislation, as well as facilitate its implementation and enforcement;

59.

Stresses that it is important that the Commission answer written questions from Parliament in due time; regrets the fact that in the past, the vast majority of written questions have been answered late and insists that the Commission improve its response time to written questions; points out that the quality of the replies to Parliament’s questions is often very poor and calls, therefore, for an immediate and structurally significant improvement of the Commission’s answers to parliamentary questions;

60.

Stresses that transparency from the European institutions is key to the legislative process, as citizens have a right to know how laws affecting them are made; welcomes the agreement that was recently reached on the Transparency Register with the Council; regrets the fact that not all EU institutions and bodies, as well as Member States’ representations, are obliged to apply the Transparency Register;

61.

Calls for further improvement within all institutions of the transparency of discussions and decisions; deplores the lack of transparency in the Council’s decision-making process and the practice of over-classifying documents and applying a very broad interpretation of the exceptions included under Regulation (EC) No 1049/2001, in particular with regard to the protection of the decision-making process and the protection of legal advice, which often means that the principle of overriding public interest in the disclosure of related documents is not applied; believes that the use of secrecy exceptions for Council documents should be applied in a coherent system with independent oversight and consistency with the case-law of the Court of Justice of the European Union (CJEU); urges the Council to increase the number and type of relevant documents they make public, in particular the positions expressed by the Member States, so that the public has the opportunity to know what position their government took on their behalf at EU level and also to contribute to enhancing the scrutiny of EU decision-making by national parliaments, applying to all decisions, from legislative files to implementing and delegated acts;

62.

Recalls that transparency and publicity in relation to an ongoing legislative procedure are inherent to the legislative process and can therefore be applied to access to documents for trilogues as stated by the CJEU in its case-law, in case T-540/15, Emilio De Capitani v European Parliament in particular; believes that the EU needs to develop a more ambitious access to documents policy and provide for better application of the existing rules, including for documents related to internal, trilogue and international negotiations; recalls that, according to the European Ombudsman, restrictions on access to documents, particularly legislative documents, should be exceptional and limited to what is absolutely necessary; adds, furthermore, that openness and transparency confer greater legitimacy on and confidence in the democratic legislative process of the EU; regrets the practice whereby ‘efficiency of the institution’s decision-making process’ is routinely invoked to refuse access to legislative preparatory documents;

63.

Considers that Regulation (EC) No 1049/2001 on public access to documents could be reviewed so that, for example, digitalisation and digital document management, existing case-law on transparency and access to documents, and general developments in the public perception of transparency would be fully taken into account; emphasises that any revision should lead to more, not less, transparency;

64.

Stresses that open, efficient, transparent and independent administrative and legislative decision-making processes are a precondition of high-quality policies and regulation; emphasises that the introduction of harmonised administrative procedures could contribute positively to good governance and regulatory practices in the EU and reinforce the connection between expert decision-making and democratic legitimacy; recalls that in its resolutions of 15 January 2013, 9 June 2016 and 20 January 2021, Parliament called for the adoption of a regulation on an open, efficient and independent EU administration under Article 298 TFEU, and notes that this request has not been followed up by a Commission proposal; calls, therefore, once again on the Commission to come forward with a legislative proposal on a European law of administrative procedure, taking into account the steps taken so far by Parliament in this field;

65.

Recalls the need to apply consistent principles of legislative drafting, in particular transparency, accountability, as well as clarity and precision, in line with the principles recognised by CJEU jurisprudence;

66.

Points out that bodies with even lower levels of transparency such as the Eurogroup should, as a first step, be subject to the Council’s rules of procedure, and make available to the public the voting procedures, minutes, results and explanation of votes, and its deliberations;

67.

Takes note of the use of instruments such as the REFIT and the F4F Platform to identify opportunities for simplification and reducing unnecessary costs and administrative burdens before the Commission proposes a revision, while ensuring the highest standards of protection and enhancing compliance with EU law; recalls that the F4F Platform’s role is also to assess whether specific Union legislation and its objectives remain future-proof, proportionate, and adapted to new challenges, while focusing on regulatory offsetting;

68.

Calls on the Commission to step up its efforts to identify the most effective solutions by applying the principles of better regulation so that, for the purposes of EU policies, benefits can be maximised and associated costs simultaneously minimised in the interests of the beneficiaries; underlines the need for the consistent application of the ‘think small first’ principle and the strengthening of the principle of being ‘big on big things, small on small things’ in order to ensure a proper focus on SMEs in EU and national legislation, and as the basis for a new interinstitutional commitment to reducing administrative burdens;

69.

Welcomes the Commission’s decision to establish a subgroup within the F4F Platform consisting of the European Committee of the Regions’ Network of Regional Hubs; calls on the Commission to give meaningful follow-up to the platform’s opinions and to reinforce the evidence-based approach of its ex post and ex ante evaluations with local and regional expertise;

70.

Recalls that mid-term reviews and sunset clauses are useful tools to ensure that our EU laws are always up to date or are withdrawn in a timely manner after serving their purpose; considers that the Commission should develop and introduce a more integrated approach on sustainability that would better take into account the interplay of the economic, social and environmental impacts of EU policies and legislation; recommends that the F4F Platform identify and explore legislation that runs counter to the European Green Deal and wider SDG objectives, including by adopting a ‘think sustainability first’ approach in this context;

71.

Reiterates its call on the Commission (16) to facilitate the achievement of the European Green Deal by tackling obstacles and red tape that may slow down its implementation, by paying special attention to the implications and costs of applying Union laws, especially for SMEs;

72.

Recalls that the assessment of ‘unnecessary burden’ needs to consider ‘net’ effects of EU legislation at different administrative levels, while taking the principle of subsidiarity fully into account, where the adoption of one piece of EU-level legislation, especially in the form of directly applicable EU regulations, can result in a lower administrative burden at national or local levels, as well as improve the functioning of the internal market by making the rules transparent and predictable and ensuring that they are uniformly applied in all EU Member States, thereby also reducing the cost and impact of negative environmental, climate and health-related externalities; notes that making EU legislation clearer to comply with, for instance via the better regulation agenda, might support the uniform application of EU legislation;

73.

Notes that further progress needs to be achieved, in particular in the realm of the simplification and standardisation of forms and procedures, with the consistent implementation of the ‘once only’ and ‘digital by default’ principles, both at EU and Member State level;

74.

Believes that all international trade and investment agreements need to be ‘fit for the future’ in all their dimensions, thereby promoting economic, social and environmental sustainability and contributing to the fulfilment of international commitments; stresses, in this regard, the importance of conducting sustainability impact assessments prior to launching trade and investment negotiations; underlines the need to develop and to make use of a more integrated approach on sustainability that would better take into account the interplay of the economic, social and environmental impacts of EU legislation, policies and initiatives, including its trade and investment agreements, by also taking into account the cumulative impact that different legislative proposals, as well as trade and investment agreements, could have overall;

75.

Believes that the EU institutions should draw on expertise from different policy areas in order to ensure optimal decision-making and adopt highly effective measures; calls for all three EU institutions to improve coordination between their internal bodies and to avoid working in silos; stresses the importance of promoting coherent regulatory systems through, for example, the harmonisation of concepts across related legislative initiatives, as this can improve compliance;

76.

Stresses the need to explore innovative legislative approaches such as legal design; highlights that legal design is a human-centred approach that can help bridge the gap between EU citizens, stakeholders and EU legislation; recalls that a human-centred approach postulates that legislation ought to be primarily created with citizens and stakeholders in mind and should be easily understandable;

77.

Draws the attention of the Council and the Commission to the recommendations made by Parliament’s Focus Groups underlining the need to revise Rules 132 and 166 of Parliament’s Rules of Procedure on access to the Council and the Commission so as to allow MEPs to attend or be questioned during meetings of Council working groups, the Committee of Permanent Representatives (COREPER) or Council;

78.

Stresses the requirement set out in Article 218(10) TFEU to keep the European Parliament immediately and fully informed at all stages of the procedure related to agreements between the Union and third countries or international organisations; deplores the fact that Parliament is not granted access to the different proposals related to the negotiating positions of the contracting parties to international trade and investment agreements; considers that the IIA on BLM, which acknowledges the importance of ensuring that each institution can exercise its rights and fulfil its obligations enshrined in the Treaties regarding the negotiation and conclusion of international agreements, should be adequately implemented in this regard;

79.

Underlines the need to ensure the proportionality of regulatory requirements in the context of international trade instruments;

80.

Stresses that established practices in relation to the provisional application of trade and investment agreements should be applied to all international agreements, in order to ensure that no agreement is provisionally applied before Parliament has voted to give its consent;

81.

Believes that effective regulation must strike a balance between short-term needs and long-term challenges; underlines that ‘strategic foresight’ plays a key role in helping to future-proof EU policy-making by ensuring that assessments of new initiatives are grounded in a longer-term perspective, emphasising the added value of quality legislation as an investment in the future; welcomes the integration of ‘foresight elements’ into the Commission’s better regulation agenda in impact assessments and evaluations; considers, however, that the Commission should better align and combine its better regulation and strategic foresight activities in order to better integrate both processes; underlines that the Commission’s methodology for quantifying costs, deciding on trade-offs and implementing strategic foresight remains unclear, and urges the Commission to provide proof of how these approaches have been followed in practice; encourages the Commission to look into innovative cost assessment tools; strongly recommends in this regard also to take the reports of the Intergovernmental Panel on Climate Change (IPCC), the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES) and the European Scientific Advisory Board on Climate Change established under Article 10(a) of Regulation (EC) No 401/2009 in connection with Regulation (EU) 2021/1119 establishing the framework for achieving climate neutrality into account in the strategic foresight process;

82.

Takes note of the involvement of the Regulatory Scrutiny Board in impact assessments, fitness checks, and major evaluations of current legislation, which improves the evidence-based work of the Commission; notes that the Regulatory Scrutiny Board can play a role in ensuring an unbiased and high-quality level of work from the Commission and that its expertise and experience could be used to carry out other tasks within the Commission; stresses that the Regulatory Scrutiny Board can only provide an effective check on the Commission’s work if its independence and impartiality are indisputably established; calls, in this regard, for the independence of the board and for the transparency of the Regulatory Scrutiny Board on meetings with stakeholders, reviews, recommendations and opinions to be significantly improved, including through making the use of the Transparency Register mandatory for members of the Board; underlines that the work of the Board should not ultimately affect the Commission’s capacity to propose legislation or unduly delay the adoption of legislative proposals; calls on the Commission to publish all of the Board’s opinions immediately after adoption, without any exception, in order to ensure coherence, transparency and accountability throughout the process, and also to deliver them to Parliament and the Council; further calls on the Commission also to make the draft evaluations and draft impact assessments that are submitted to the board available to the co-legislators; takes note that the Regulatory Scrutiny Board is composed of four members of the Commission and three external experts; calls on the Commission to reconsider the decision-making process of the Regulatory Scrutiny Board, as the current system allows opinions to be adopted without the input of external experts or to establish an independent Regulatory Scrutiny Board outside the Commission; further calls on the Commission to extend its collaboration with the Regulatory Scrutiny Board, strengthening it by providing more means for it to do its work and to ensure support from the Joint Research Centre;

83.

Takes note of the ‘one in, one out’ approach by which the Commission aims to offset newly introduced burdens by relieving citizens and businesses of equivalent burdens at EU level in the same policy area; takes note that the ‘one in, one out’ approach aims to strengthen the REFIT programme by extending it beyond the burdens arising from current acts to also include burdens from new legislation, as well as to manage the cumulative burden in each policy area; calls for the ‘one in, one out’ approach also to be based on relevant stakeholder involvement; notes that the Commission introduced this approach unilaterally, without a prior impact assessment or consultation; underlines that the implementation of this approach should not affect political imperatives or the objectives of better regulation, and emphasises that it should not lead to mechanical or mathematical decisions to repeal legislation, lower its standard or result in a chilling effect on legislation, and that its aim should be to modernise and reform EU legislation to face new challenges, including by replacing, merging and improving legislation; stresses nevertheless that, while additional unnecessary administrative burdens should be avoided when designing, transposing and implementing EU legislation, this approach should not be translated into deregulation or ‘no-regulation’, nor should it prevent Member States from maintaining or taking more ambitious measures and adopting higher social, environmental and consumer protection standards in cases where only minimum standards are defined by Union law;

84.

Insists that the effective implementation of EU law is essential in order to enhance citizens’ trust in EU policies and institutions; recalls that under Article 197 TFEU, such implementation must be regarded as a matter of common interest for the Member States; calls on the Member States to avoid adding unnecessary additional administrative or compliance burdens when transposing EU legislation, especially for SMEs, since so-called gold-plating practices are one of the main sources of unnecessary administrative burdens; considers nevertheless that the principle of better regulation should not prevent Member States’ parliaments from maintaining or taking more ambitious measures in cases where only minimum standards are set out in Union law; supports the Commission’s request to the Member States to report when they choose to add elements that do not stem from EU legislation;

85.

Recalls that the need for new legislation should not automatically imply that current legislation is no longer needed; in this regard, is of the opinion that a thorough impact assessment must equally be conducted for any potential repeal, to avoid unexpected consequences and undesirable effects; calls for this approach to be based on a transparent and evidence-based methodology giving proportionate consideration to all sustainability aspects, both in terms of benefits and costs, including the costs of non-compliance and inaction, and taking into account the administrative or economic impacts, while also looking at the EU acquis holistically and considering their social, environmental and public health impacts; calls on the Commission, in this regard, to make its ‘one in, one out’ calculator public and to obtain the support of the other EU institutions before applying this approach; considers that better law-making should primarily be based on qualitative rather than quantitative considerations; underlines the importance of quality legislation in delivering on EU flagship initiatives; welcomes the Commission communication’s commitment to work with Member States, regions and key stakeholders to remove obstacles and red tape hindering the progress of the green transition; stresses the importance of ex post evaluations to ensure that the EU is delivering on its commitments;

86.

Underlines, moreover, that, in applying the ‘one in, one out’ approach, all compliance costs, both administrative and adjustment costs, should be considered; stresses the need to ensure that this approach is applied by the Member States, as well as by local and regional authorities, during the relevant transposition process; encourages the exchange of best practices on compensatory measures, methodologies and the data collected;

87.

Stresses that trust in the enforcement of regulations plays an important role in the legitimacy of European legislation; calls on the Commission to increase its efforts in enforcing the EU’s laws and to effectively address all breaches of EU law;

88.

Stresses, in this regard, the importance of Parliament, the Council and the Commission engaging in a more structured cooperation in order to assess the implementation and effectiveness of Union law with a view to improving it; points out the need for the swift, timely and correct implementation of Union legislation by the Member States in order to properly assess the need for further legislation;

89.

Notes that the persistently large number of infringement procedures shows that the timely and correct implementation and application of EU law in the Member States remains a serious challenge and requests urgent measures to enhance the transparency of Commission decisions taken in such procedures; reiterates that the effective enforcement of EU legislation is a key part of the better law-making agenda; points out that excessive regulatory burdens for citizens and businesses can often be attributed to Member States’ compliance issues; calls on the Commission to enforce EU legislation in full and without undue delay and to leverage all existing tools; stresses that the Commission’s enforcement policy must be more predictable and transparent and reinforce legal certainty for all stakeholders;

90.

Invites the Conference on the Future of Europe to discuss the strengthening of the European Parliament’s right of legislative initiative, as it is the only democratically elected body in the EU and directly represents European citizens; recalls Commission President von der Leyen’s commitment to support Parliament’s right of initiative; regrets that this possibility has been regularly deferred to future Treaty revisions; stresses that a parliamentary right of initiative is an important feature of representative democracy at Member State level and sees the necessity to empower MEPs, as the direct representatives of EU citizens, by strengthening their right to shape the EU’s legislative agenda; welcomes the commitment of the Commission President to support the right of initiative of the European Parliament and the Commission’s commitment to always respond with a legislative act to requests under Article 225 TFEU; calls on the Council and the Commission to eliminate possible barriers to Parliament’s ability to exercise its power to propose legislative initiatives; considers that the Framework Agreement could be revised to ensure increased facilitation of this right; highlights the need to also clarify differences between the various types of Parliament reports and clarify the action requested from the Commission;

91.

Stresses that the Conference on the Future of Europe is an unparalleled initiative of directly engaging with the EU’s citizens in order to hear about their perspective on European policy-making; believes that, following the conclusion of the Conference, an evaluation must be made to explore the possibility of introducing practices that can increase citizen participation in the legislative process; underlines the importance of enabling citizens to fully exercise their democratic right to participate in the EU’s decision-making process through active interaction with their elected representatives, as well as promoting direct participation; suggests that the Commission reflect on integrating participatory mechanisms into the interinstitutional dialogue which leads up to its annual work programme;

92.

Notes EU citizens’ rapidly evolving understanding of the impact of EU governance on their daily lives and on future developments against the backdrop of an increasingly social media-driven information society, which accelerates and increases awareness about the functioning of EU decision-making and the demands on EU governance; reiterates that there is a need to fully engage citizens in the EU decision-making process beyond the act of voting and in other channels and instruments, in a manner which takes into account the entire policy cycle; reiterates the importance of effective participatory mechanisms and its call for the establishment of permanent participatory mechanisms in line with its resolution of 7 July 2021 (17), and highlights the need to establish them at the European, national, regional and local levels, including the necessary tools for adequate horizontal and vertical coordination among institutions at different levels; considers that these mechanisms could build on, but not be limited to, online policy debate platforms, youth consultations and a continuation of the Citizens’ Panels;

93.

Points out that better law-making requires effective legislative procedures conducive to concluding EU decision-making procedures within a suitable time frame; regrets the fact that the special legislative procedures set out in the Treaties have too seldom been successfully concluded owing to the lack of commitment of the Council and in the absence of effective procedural guidelines;

94.

Welcomes the Conference on the Future of Europe’s deliberations on the participation of citizens in the EU decision-making process; highlights in particular the recommendations of Citizens’ Panel No 1, in particular recommendations 35, 36, 41, 46 and 48, as well of Citizens’ Panel No 2, in particular sub-stream 2.1, No 10 and No 11; sub-stream 3.1, No 16; sub-stream 4.1, No 24 and sub-stream 4.2, No 29 and No 32, and stream 5, Citizens’ Participation, especially No 39 thereof; insists on the need to meaningfully engage with the recommendations made in the final report on the Conference, which will be drawn up by the Executive Board in cooperation with the Conference Plenary on the basis of the Conference Plenary’s debates on the recommendations from the national and European Citizens’ Panels, as well as input from the Multilingual Digital Platform; considers that the panels’ recommendations clearly demonstrate that citizens are calling for more transparency in EU public debate and for more outreach and more information to be provided by the EU institutions through the active use of all communication channels, while emphasising the role of social media, which should accompany EU decision-making, including legislative processes; calls on the Commission, the Council and Parliament to implement the final conclusions of the Conference based on the Citizens Panels’ recommendations, in accordance with the principles enshrined in the Treaties;

95.

Recommends that the legislative process arising from the right of legislative initiative conferred on Parliament by the Treaties must include a request for the establishment of a legislative calendar for the initiatives concerned, similar to the ordinary legislative procedure; underlines, moreover, that any such special legislative procedure must respect the provisions of the IIA on BLM on the institutional obligation for all three institutions to negotiate and to do so in line with the principle of mutual sincere cooperation in Article 13(2) TEU;

96.

Considers that in cases in which Parliament exercises the right of initiative, such as on the regulations relating to its own composition, the election of its Members and the general conditions for the exercise of its functions, and the statute of the Ombudsman, as well as the constitution of temporary committees of inquiry, measures should be considered in a future Interinstitutional Agreement to avoid important institutional files becoming blocked;

97.

Stresses the important role played by Parliament as the institution representing the citizens of the EU, including in its oversight of and cooperation with the Commission and other institutions on behalf of the public and in ensuring a bottom-up approach regarding the effects of legislation on citizens; reiterates, therefore, the importance of safeguarding the role of Parliament in the preliminary assessment of future legislation, through existing parliamentary tools;

98.

Welcomes the Commission’s efforts to consolidate the consultation process, the commitment to report on each public consultation within eight weeks of its closure and the commitment to more actively publicising consultations in order to reach more citizens, stakeholders, including SMEs, and local and regional authorities; calls on the Member States to contribute to this process by promoting the consultations within their territories; notes that some stakeholders with greater financial resources can be more active in contributing to consultations; believes that the input collected needs to reflect a balanced view of the stakeholder landscape and this requires facilitating the collection of input from all stakeholders, including citizens and citizens’ representatives with fewer resources;

99.

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

(1) OJ C 425, 20.10.2021, p. 43.

(2) OJ L 123, 12.5.2016, p. 1.

(3) Texts adopted, P9_TA(2021)0316.

(4) Texts adopted, P9_TA(2022)0242.

(5) OJ C 86, 6.3.2018, p. 126.

(6) OJ C 445, 29.10.2021, p. 2.

(7) OJ C 270, 7.7.2021, p. 2.

(8) https://ec.europa.eu/commission/presscorner/detail/en/SPEECH_19_4230

(9) P9_PV(2021)06-07(17).

(10) Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1).

(11) European Court of Auditors special report no 14/2019: ‘“Have your say!”: Commission’s public consultations engage citizens, but fall short of outreach activities’.

(12) https://eur-lex.europa.eu/statistics/2021/legislative-acts-statistics.html; https://eur-lex.europa.eu/statistics/legal-acts/2021/legislative-acts-statistics-repealed-and-expired-acts.html

(13) Regulatory sandboxes are defined as concrete frameworks which, by providing a structured context for experimentation, enable, where appropriate in a real-world environment, the testing of innovative technologies, products, services or approaches — at the moment especially in the context of digitalisation — for a limited time and in a limited part of a sector or area under regulatory supervision, ensuring that appropriate safeguards are in place.

(14) https://www.statista.com/statistics/878412/number-of-smes-in-europe-by-size

(15) In its communication of 30 June 2021 entitled ‘A long-term Vision for the EU’s rural areas — Towards stronger, connected, resilient and prosperous rural areas by 2040’ (COM(2021)0345), the Commission describes rural proofing as follows: ‘Given the multidimensional nature of rural development and the fact the Treaties aim for economic, social and territorial cohesion, there is a need to review EU policies through a rural lens, considering their potential impacts and implications on rural jobs and growth as well as development prospects, social well-being and equal opportunities for all, and the environmental quality of rural areas’.

(16) The Committee on the Environment, Public Health and Food Safety’s opinion on the draft general budget of the European Union for the financial year 2022 — all sections.

(17) OJ C 99, 1.3.2022, p. 96.

7.2.2023

Official Journal of the European Union

C 47/273

P9_TA(2022)0275

Negotiations for a cooperation agreement between the EU and Interpol

European Parliament recommendation of 5 July 2022 to the Council and the Commission on the negotiations for a cooperation agreement between the European Union and the International Criminal Police Organization (ICPO-INTERPOL) (2022/2025(INI))

(2023/C 47/23)

The European Parliament,

—	having regard to Article 218 of the Treaty on the Functioning of the European Union (TFEU),

—	having regard to the TFEU, and in particular Article 16, Article 82(1) and Article 87(2) thereof,

—	having regard to the Charter of Fundamental Rights of the European Union (the ‘Charter’), and in particular Articles 7, 8, 47 and 52 thereof,

—

having regard to Directive (EU) 2016/680 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 by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (2) (Law Enforcement Directive),

—

having regard to Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of individuals with regard to the processing of personal data by the Union institutions and bodies and on the free movement of such data (3) (EUDPR), and in particular Article 42(1) thereof,

—	having regard to Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and2009/968/JHA (4),

—	having regard to Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (5),

—	having regard to Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor's Office (‘the EPPO’) (6),

—	having regard to Regulation (EU) 2018/1727 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for Criminal Justice Cooperation (Eurojust) (7),

—	having regard to Opinion 8/2021 of the European Data Protection Supervisor of 25 May 2021 on the Recommendation for a Council decision authorising the opening of negotiations for a cooperation agreement between the EU and Interpol,

—	having regard the study of its Policy Department for Citizens’ Rights and Constitutional Affairs of February 2022 entitled ‘Ensuring the rights of EU citizens against politically motivated Red Notices’,

—	having regard to Interpol’s Rules on the Processing of Data,

—	having regard to the Parliamentary Assembly of the Council of Europe’s resolutions 2161 (2017) on abusive recourse to the Interpol system: the need for more stringent legal safeguards and 2315 (2019) on Interpol reform and extradition proceedings: building trust by fighting abuse,

—

having regard to Regulation (EU) 2019/817 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of borders and visa and amending Regulations (EC) No 767/2008, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1726 and (EU) 2018/1861 of the European Parliament and of the Council and Council Decisions 2004/512/EC and 2008/633/JHA (8),

—

having regard to Regulation (EU) 2019/818 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of police and judicial cooperation, asylum and migration and amending Regulations (EU) 2018/1726, (EU) 2018/1862 and (EU) 2019/816 (9),

—	having regard to Rules 114(4) and 54 of its Rules of Procedure,

—	having regard to the opinion of the Committee on Foreign Affairs,

—	having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A9-0200/2022),

whereas present-day terrorism and serious and organised crime are dynamic, complex, innovative, globalised, mobile and often transnational phenomena, requiring a robust response and more effective, coordinated EU cooperation with international law enforcement authorities and bodies such as the International Criminal Police Organization (Interpol); whereas the Commission’s 2020 EU Security Union strategy calls on the Member States to step up multilateral cooperation and coordination between the EU and Interpol, as this is essential to enhancing cooperation and information exchange; whereas Parliament’s resolution of 17 December 2020 on the EU Security Union strategy (10) stresses the need for stronger cooperation between the Member States and for better coordination at EU level between all actors;

whereas effective international cooperation, in full respect of fundamental rights, is an important component of effective law enforcement and judicial cooperation, especially on types of crime involving the processing and sharing of personal data; whereas the legality of processing personal data is governed by the Union data protection acquis, and whereas that also applies to bilateral agreements with key partners who play an important role in obtaining information and potential evidence from beyond the EU;

whereas Interpol is the world’s largest international criminal police organisation and has an important role to play all over the world; whereas Interpol is based on inter-governmental cooperation; whereas in December 2021, the Council adopted a negotiating mandate for the Commission to enter into negotiations, with the expectation of concluding by the end of 2022, on an international agreement on behalf of the EU seeking reinforced cooperation with Interpol, including access to Interpol’s databases and the strengthening of operational cooperation; whereas it is paramount to ensure that the final agreement puts in place robust measures to guarantee compliance with the principles relating to the processing of personal data, as set out in the Union data protection acquis, as well as the correctness of the personal data received through such cooperation, and to ensure that all future cooperation and exchange of personal data respect fundamental rights, including the right to data protection and privacy;

whereas the EU and Interpol already have long-standing cooperation in a range of law enforcement-related areas through the operational implementation of the EU policy cycle / EMPACT (European Multidisciplinary Platform Against Criminal Threats) and by supporting the activities of Member States in cooperation with EU agencies, such as the EU Agency for Law Enforcement Cooperation (Europol), the European Border and Coast Guard Agency (Frontex), the EU Agency for Law Enforcement Training, the European Monitoring Centre for Drugs and Drug Addiction, and the EU Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice, on the basis of agreements or working arrangements; whereas on 5 November 2001, Europol and Interpol signed an operational agreement followed by a memorandum of understanding allowing the transfer of personal data through their respective liaison officers; whereas on 27 May 2009 Frontex signed a working agreement with Interpol establishing a framework for cooperation with the objective of facilitating the prevention, detection and combating of cross-border crime and improving border security to combat illegal immigration, people smuggling and trafficking in human beings;

whereas individual EU Member States, in their capacity as Interpol member countries, can directly access Interpol’s 19 databases, which include potentially valuable information on individuals, stolen property, weapons and threats; whereas these databases contain millions of records with information that could directly help to combat serious and organised crime and terrorism; whereas Frontex, Eurojust and the EPPO currently do not have any access to these databases, in line with their mandates — either directly or on a ‘hit/no hit’ basis — due to the lack of an agreement with Interpol, which is required for this purpose under Interpol’s rules on the processing of data;

whereas current cooperation between the EU and Interpol is already close in the area of counterterrorism; whereas it should be stepped up and extended to new areas; whereas procedures should be improved, accelerated and streamlined to address a series of indispensable operational needs in order to facilitate swift access to information related to serious and organised crime and terrorism and to implement existing Union legal acts;

whereas the EU is the largest donor of funds to Interpol, which are mainly assigned to information exchanges in the field of law enforcement, but also include border management cooperation and capacity building activities, and to projects and programmes targeting a range of terrorism and serious crime activities; whereas this gives the EU an important role to play in improving the functioning of Interpol, and in particular, its transparency and accountability;

whereas the new agreement should establish a modern and coherent framework for the cooperation of EU bodies and agencies with Interpol, based on the already existing modes of cooperation; whereas the agreement should be in compliance with the general requirements of the Charter, the applicable Union data protection acquis, namely the EUDPR and the Law Enforcement Directive, the specific data protection requirements and safeguards laid down in the basic acts establishing the EU bodies, agencies and IT systems and the relevant Court of Justice of the EU (CJEU) jurisprudence and fundamental rights standards;

whereas the agreement should respond to operational needs, taking into account the latest developments in combating terrorism and cross-border, transnational, serious and organised crime; whereas the agreement provides the legal basis for the exchange of operational information, including personal data, and access to relevant Interpol databases by Union bodies and agencies in line with their mandates, under the condition that the agreement is legally binding and enforceable against all parties and that it includes all the necessary data protection safeguards;

J.	whereas no fundamental rights impact assessment on the Commission Recommendation has been carried out;

whereas the adoption of the Union legal framework for interoperability between EU information systems in the area of justice and home affairs in May 2019 led to exploratory talks between the EU and Interpol on the need to enter into a cooperation agreement; whereas an advanced and shared data infrastructure is currently in place in the EU for police and judicial cooperation, asylum and migration, as well as borders and visas; whereas this infrastructure, and the IT systems and EU databases that constitute it, allows for limited and highly regulated information sharing with third countries or international organisations;

whereas the new agreement should govern cooperation between Interpol and Europol, the EPPO, Eurojust and Frontex and provide direct access by these bodies, agencies and Member States for purposes strictly linked to the performance of their tasks, as regulated in their respective basic acts to two of Interpol’s databases — the Stolen and Lost Travel Document (SLTD) and Travel Document Associated With Notices (TDAWN) databases via the European Search Portal (ESP), in compliance with EU data protection requirements and in full respect of fundamental rights;

M.	whereas according to the Interpol constitution, Interpol is obliged not to assist or aid member countries that act in violation of international human rights law;

whereas governmental, international and non-governmental organisations continue to report abuses by some member countries of Interpol’s notice and diffusion system in order to persecute political opponents, national human rights defenders, lawyers, civil society activists and journalists, in violation of international standards on human rights and Interpol’s own rules; whereas according to reports by the Commission and civil society organisations, Interpol has reformed and strengthened its red notices review processes, as well as its support systems for National Central Bureaus in member countries, reformed the setup and functioning of the Commission for the Control of Files, which enforces its complaints mechanism, appointed a data protection officer and implemented a learning and knowledge-sharing programme; whereas despite those reforms, serious concerns remain related to possible abuses of the Interpol system that impact fundamental rights, as recent reports still emphasise the need for more legal safeguards, more transparency and better implementation of reforms; whereas there are significant challenges with the mechanisms to update information regarding red notices and diffusions, as they sometimes remain in effect in the national databases despite having been updated and removed by the General Secretariat of Interpol; whereas both written sources and interviews with governmental and non-governmental organisations suggest that Interpol’s vetting process remains inconsistent;

whereas Article 3 of Interpol’s constitution prohibits any intervention or activity of political, military, religious or racial character; whereas abuses in high profile cases in multiple member countries of Interpol have still been observed in recent years; whereas politically motivated extraditions are often triggered by the abusive issuing of a red notice or ‘wanted person diffusion’ through Interpol; whereas scarce information is made available by Interpol on the manner in which it reviews red notices, its administrative ability to do so and the outcomes of these reviews, leading to a lack of transparency as regards how Interpol works towards effectively countering politically motivated red notices; whereas member countries and other international organisations have little access to information about the overall handling of red notices and diffusions; whereas no information is available on the countries making the requests for such notices, how many requests are accepted and refused, the grounds for refusal, which countries perform better or worse in terms of acceptance or refusal of requests and the development of these practices over time; whereas this makes it impossible to evaluate the quality of the General Secretariat of Interpol’s vetting process, the work of the National Central Bureaus or the quality of the requests submitted by countries;

whereas Parliament, in its resolution of 16 September 2021 on the case of human rights defender Ahmed Mansoor in the United Arab Emirates (11), expressed deep concern about the candidacy and appointment as Interpol’s president of the General Inspector of the Ministry of Interior of the United Arab Emirates, Major General Ahmed Nasser Al Raisi, and called on the members of Interpol’s General Assembly, and in particular the EU Member States, to duly examine the allegations of human rights abuses levelled against him; whereas on 11 May 2022, investigations into claims of torture were opened against Interpol’s president in France;

whereas cooperation between the European Union and Interpol is underpinned by trust in Interpol’s system and internal processes; whereas trust in Interpol’s system of red notices and diffusions relies on the prevention and swift tackling of misuse of Interpol notices by countries seeking to use Interpol systems for political and repressive ends; whereas, Interpol must ensure that the personal data processed internally through its systems complies with human rights and the rule of law;

whereas numerous authoritarian countries still remain member countries of Interpol; whereas in recent years authoritarian regimes have been successful in politically abusing the system of red notices and diffusions, persecuting individuals outside of their jurisdictions and subjecting them to real, practical, and invasive restrictions on their lives and fundamental rights;

whereas Russia’s invasion of Ukraine is a direct threat to international law enforcement cooperation and its continued access to Interpol’s databases is a threat to the integrity of the EU’s cooperation with Interpol; whereas Russia is responsible for a very large number of red notices and diffusions worldwide and is responsible for circulating most politically motivated red notices, including against EU citizens — such as the Lithuanian judges, prosecutors and investigators looking into the events in Vilnius on 13 January 1991; whereas besides Russia, other countries have also used the system of red notices to politically target their citizens;

Recalls that EU values, fundamental rights and the Union data protection acquis, namely the EUDPR and the Law Enforcement Directive, must be the basis of Union policy in the area of law enforcement cooperation, ensuring compliance with the principles of necessity, proportionality, legality and the presumption of innocence, and guaranteeing accountability and judicial redress, while ensuring effective protection of individuals, particularly the most vulnerable; recalls, further, that compliance with these rights and principles, including the right to privacy and the protection of personal data, should be at the core of the development of digitalisation in the area of justice and security and the development of the interoperability framework; stresses that these principles should be at the core of the negotiations between the EU and Interpol on a cooperation agreement;

Underlines the absolute necessity of basing the agreement with Interpol on the full respect of the Charter, the Union data protection acquis and the specific data protection requirements and safeguards codified in the basic acts establishing the relevant EU agencies, bodies and large-scale IT systems and their respective mandates; stresses, therefore, that the Council Decision on the possible conclusion of this envisaged agreement should also be based on Article 16 TFEU;

Notes that prior to adopting the Recommendation for a Council Decision authorising the opening of negotiations for a cooperation agreement between the European Union and Interpol, the Commission did not perform a fundamental rights impact assessment on the necessity and proportionality of each envisaged measure or on the legal feasibility of all envisaged measures under a single overarching agreement;

Recommends that the Commission follow the Council’s differentiation between the areas of law enforcement, judicial cooperation in criminal matters and border security as part of border management;

Recommends that the Commission ensure access to Interpol’s different databases on the basis of the needs and according to the scope of competences laid down in the respective mandates of the different EU bodies and agencies; recalls that Interpol’s databases contain millions of records with information that could potentially help to combat crime; recalls, however, that there are documented problems with the accuracy, reliability and origin of the data within those databases that should be addressed;

Stresses that the Commission should guarantee controlled access to Interpol’s databases by EU Member States, and EU bodies and agencies, and should also ensure the necessary concrete, specific and effective safeguards for each type of cooperation included in the envisaged agreement in order to ensure full compliance with the Union data protection acquis, with the specific safeguards and data protection requirements stipulated by the legal bases of the Union bodies, agencies and the EU large-scale IT systems, and with, fundamental rights; stresses that regarding the controlled access to the databases, the agreement should at least comply with the safeguards already provided by the Interoperability Regulations (12), the European Travel Information and Authorisation System (ETIAS) Regulation (13) legal base and Regulation (EU) 2016/794;

Recommends that the Commission negotiate with Interpol on requirements relating to high standards for the quality and verifiability of information in Interpol’s databases and the transparency of information sources;

Expects special vigilance during the negotiations due to the sensitivity of personal data included in the various databases and to the fact that most third country members of Interpol do not offer an adequate level of data protection and are not party to an international agreement pursuant to Article 218 TFEU allowing for the exchange of operational personal data with the EU;

Calls on the Commission to introduce the necessary robust safeguards and guarantees to ensure compliance with EU data protection requirements and fundamental rights in order to authorise the ETIAS Central Unit established within Frontex and the EU Member States to access Interpol’s SLTD and TDAWN databases via the ESP, and as are needed to efficiently implement the Visa Information System (VIS) Regulation (14), as later revised, authorising EU Member States to access Interpol’s SLTD and TDAWN databases via the ESP when examining applications for visas or residence permits; insists that, when hits occur, no information be shared with Interpol or the owner of the data in Interpol’s databases and recalls that, as provided for in the ETIAS and VIS Regulations, until this is agreed upon and practically guaranteed, the two systems will not be checking against the Interpol databases;

10.

Recommends that the envisaged agreement clearly set out which EU bodies and agencies should have access rights to which specific Interpol databases, and for which of their specific tasks and purposes; considers that the envisaged agreement should not create an obligation for EU agencies to cooperate with Interpol beyond what is already set out in relevant Union law;

Data protection, processing and storage of personal data, judicial redress

11.

Calls on the Commission to ensure that the agreement complies with the EU data protection acquis and protects individuals’ fundamental rights and freedoms by ensuring a level of protection for personal data processed under this agreement that is essentially equivalent to that of EU primary and secondary law; stresses that the envisaged cooperation agreement should not lead to a weakening of the fundamental rights and freedoms of natural persons, in particular of their rights to data protection and to privacy, and should provide effective remedy to any violation of these rights;

12.

Stresses that the agreement should guarantee that the transfer of personal data is adequate, relevant and limited to what is necessary for and proportionate to the purpose for which it is to be transferred, in line with the Union data protection acquis; highlights further that it should provide for the possibility to introduce any restriction on access or use, including a restriction on further transfers, or erasure at the time of transfer; stresses as well that data subjects must have their enforceable and effective rights ensured;

13.

Considers it is necessary to require that the purposes for which data may be transferred should be clearly indicated in the agreement and that any further data processing incompatible with the initial purpose should be prohibited; considers that the agreement has to clearly indicate that decisions based solely on the automated processing of personal information without human involvement are not allowed;

14.

Stresses that the envisaged agreement should clearly outline the procedures regarding Interpol’s obligation to notify in the event of a personal data breach, and the description of the minimum information to be provided with the notification of the breach; calls on the Commission to ensure in the agreement that Interpol notifies the relevant EU agencies and Member State authorities, including national data protection authorities, in the event of a personal data breach, without undue delay and, where feasible, within 72 hours;

15.

Recommends that oversight of the data consulted be done by one or more independent bodies responsible for data protection with effective powers of investigation and intervention and with the power to hear complaints from individuals about the use of their personal data;

16.

Recommends that the Commission guarantee that Interpol does not retain data for longer than is necessary for the purpose for which it was transferred; expects, in this context, the agreement to provide clear and specific rules on storage, including on storage limitation, review, rectification and deletion of personal data;

17.

Calls on the Commission to ensure effective and enforceable rights to administrative and judicial redress, and effective remedy for all data subjects, meaning any person whose data is processed under this agreement;

18.

Underlines that the agreement explicitly clarifies that Interpol will not have reciprocal direct or indirect access to EU databases;

Interoperability

19.

Stresses that law enforcement cooperation and information sharing are important tools to combat crime and terrorism and pursue justice, but they need to be targeted and subject to appropriate and predefined safeguards and oversight; underscores that they should address fundamental rights challenges, in particular by enhancing data quality, mitigating bias, detecting errors and avoiding any form of discrimination in the decision-making process;

20.

Recommends that particular attention be paid to fundamental rights challenges and the necessity of adequate mitigating measures and non-discrimination mechanisms, as well as improved data quality and protection with a view to the establishment of frameworks for future development of an enhanced connection between the EU’s and Interpol’s information systems in the fields of police and judicial cooperation, asylum and migration, as well as integrated borders management and visas, providing a pivotal legislative framework for current and future developments in the EU’s digital infrastructure;

21.

Recommends that in view of the rules governing access to personal data and information sharing in the different EU systems and databases, the terms of the future cooperation agreement with Interpol should provide the safeguards and guarantees needed to give Member States and relevant EU agencies controlled access to Interpol’s databases via the ESP as required to carry out their tasks, in line with their access rights and EU or national law covering such access and in full compliance with EU data protection requirements and fundamental rights;

22.

Recalls that Interpol’s databases contain a large volume of data on third country nationals’ travel documents, and that using these databases could minimise information gaps, increase positive matches and subsequently improve the operational results of the ETIAS and revised VIS Regulation; highlights that the cooperation agreement with Interpol should provide the required legal basis, including data protection safeguards and guarantees, and authorise the ESP to connect directly with Interpol databases; highlights that the cooperation agreement should therefore also provide scope for establishing secure ESP and the ETIAS connections with Interpol’s IT infrastructure, so as to allow access to Interpol’s databases;

23.

Stresses that in line with the current EU framework, the new agreement should guarantee that any automated queries of Interpol’s SLTD and TDAWN databases via the ESP using interoperability should be performed in such a way that no information is revealed to the state that is owner of the Interpol alert;

Transfer of data and onwards transfers

24.

Recalls that according to the Union data protection acquis, the transfer of personal data from the EU to third countries and international organisations is allowed only if the recipients of this information are able to guarantee an essentially equivalent level of personal data protection to that of the Union; underlines, in this context, that in the absence of an adequacy decision on Interpol, the agreement should constitute the legal basis allowing the transfer of personal data to Interpol, provided that it is legally binding and enforceable against all parties to the agreement and that it includes appropriate data protection safeguards;

25.

Stresses that the transfer of personal data revealing racial or ethnic origins, political opinions, religious or philosophical beliefs, trade-union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person and data concerning a person's health and sex life or sexual orientation, should only be allowed in exceptional circumstances and where such transfer is necessary and proportionate in the individual case for preventing or combating criminal offences that fall within the scope of the agreement; emphasises that the agreement must provide appropriate safeguards to address the specific risks of processing special categories of data, especially for minors and victims of offences;

26.

Recommends limiting the application of derogations for onward transfers of personal data to the cases provided for in Chapter V of the EUDPR; stresses that the specific requirements under the regulations establishing the concerned EU agencies or bodies must be fully respected, including the specific provisions related to the transfers of operational data by Europol and the EPPO;

27.

Recommends that the agreement ensure that transfers of personal data must be subject to confidentiality obligations, and necessary and proportionate for the purposes specified in the agreement, namely prevention, investigation, detection or prosecution of criminal offences, safeguarding against threats to public security and protecting external borders;

28.

Recommends that the agreement explicitly lay down that personal data transferred by the EU to Interpol will not be used to request, hand down or execute a death penalty or any form of cruel and inhuman treatment, and that personal data will not be transferred if there is any risk that the data will be used for this purpose;

Red notices and diffusions

29.

Stresses, with a view to future cooperation, that despite recent reforms, transparency and accountability remain a challenge both at the individual and the organisational level in Interpol, as does a lack of available statistical information on the operation of its notices and diffusions system; calls, therefore, on the Commission, to ensure commitment and guarantees from Interpol that it will further develop the necessary structures and rules, as well as substantive tools allowing consistent and transparent processing of requests, reviews, challenges, corrections and deletions;

30.

Calls on the Commission to negotiate a firm requirement that Interpol improve the transparency of its red notices and diffusions review system, in particular of the role and work of its Notices and Diffusions Task Force; calls on the Commission to use the negotiations with Interpol to request that the organisation produce, update and make available procedural and substantive tools on the legal handling of red notices and diffusions, ensuring the consistent and transparent processing of requests, reviews, challenges, corrections and deletions;

31.

Recommends, in order to improve efficiency and increase transparency, an annual publication of statistical data on the processing of red notices and diffusions, including information on the number of submissions, the country of origin, the criminal offence category, the reasons or justifications for the denials and the use of sanctions in cases of abuse; calls on the Commission to ensure that statistical data on EU Member States’ handling of requests for red notice arrests and diffusions are collected for all Member States;

32.

Stresses that, in the context of this agreement, Interpol should develop public risk profiles of red notices and diffusions, based on the annual statistical publication referred to in the paragraph above, which would allow for the evaluation of the risk of abuse by the requesting countries, and would contribute to evaluating the effectiveness of Interpol’s enforcement mechanisms;

33.

Calls on the Commission, in the context of this agreement, to explore possible ways that the ESP could address the problem of politically motivated red notices and diffusions, which in practice would be one of the tools that could prove effective against politically motivated red notice requests in some situations;

34.

Recalls the Council’s statement on Interpol’s red notices as regards the adoption of Regulation (EU) 2022/991 of the European Parliament and of the Council (15), supporting efforts undertaken at Interpol to prevent the abuse of red notices and diffusions for political reasons or violations of human rights and calling for a continued and regular exchange on the matter between Interpol and its National Central Bureaus in order to raise further awareness of the actions that Member States should take in cooperation with Interpol;

35.

Expects the Council to deliver on its commitment to continue to support Interpol in the promotion of its existing standards and procedures for data quality and compliance;

36.

Calls on the Commission to also work internally, making use of existing technical tools available under the EU security framework, to establish a verification mechanism for EU Member States to exchange information on the identification and removal of politically motivated red notices and diffusions, on best practices in this field and on risk profiles of third countries creating red notices;

37.

Calls on the Commission to recognise the risk of authoritarian regimes systematically undermining the trust-based international law enforcement cooperation by abusing the tools provided by Interpol; calls on the Commission to encourage Interpol to increase its efforts in effectively countering this misconduct;

38.

Calls on the Commission to include provisions regarding support to Interpol in the agreement to increase the currently small number of staff dealing with the review of red notices and diffusions within the Commission for the Control of Files and to improve the statistical information on the operation of red notices and diffusions; calls on the Commission to use the EU's role and influence to support improvements that will strengthen protection of notices and diffusions from misuse;

Russia

39.

Notes the announcement by Interpol’s Secretary-General that it would implement enhanced monitoring measures to identify and prevent any further abuse of Interpol’s systems by Russia; remains concerned, however, that monitoring alone will not fully mitigate the risks of Russian abuse; stresses, therefore, that given the current special circumstances, including Russia’s blatant breaches of international law and disregard for the rules-based international system, Interpol’s Executive Committee and General Secretariat should take immediate and firm measures to revoke the access rights of the Russian Federation and Belarus to Interpol’s systems, as their actions are a direct threat to international law enforcement cooperation and constitute a serious breach of fundamental rights; urges Interpol’s Executive Committee to prepare and propose to the General Assembly the necessary amendments to the Interpol constitution to enable the suspension of member countries from Interpol and calls on the EU Member States to support this initiative with a view to suspending Russia and other countries that consistently abuse Interpol for political reasons from the organisation; urges Interpol’s General Secretariat to put forward a proposal to the Executive Committee for corrective measures for the Russian Federation according to Article 131(3) of Interpol’s Rules on the Processing of Data, including suspension of the access rights of the Russian National Central Bureau;

40.

Strongly recommends that the Commission put forward enhanced monitoring measures, in the context of this agreement, regarding notices and diffusions issued before the war in Ukraine by Russian authorities; calls on the Commission to advise Member States on specific measures to apply as regards notices and diffusions issued by Russian authorities before the war and in the current context;

Final remarks

41.

Demands that the agreement provide for the possibility of its suspension or termination in case of any breach of its provisions, notably those on personal data by one of the parties, specifying that personal data falling within the scope of the agreement transferred prior to its suspension or termination may continue to be processed in accordance with the terms of the agreement;

42.

Considers that the envisaged agreement should contain a clause on a review report by the Commission three years after its entry into force, and every three years thereafter, assessing the effective implementation of the agreement and its respect of fundamental rights; considers it important that the agreement provide for a monitoring mechanism and periodic reviews to evaluate its functioning in relation to the operational needs of the relevant Union agencies, including statistics on the number of criminals arrested and convicted with the help of Interpol data, as well as its compliance with data protection and other fundamental rights;

43.

Recommends, as was confirmed by the CJEU, in its opinion of 8 September 2016 on the draft agreement between Canada and the European Union on the Transfer of Passenger Name Record data from the European Union to Canada, that the citations of the agreement include all the relevant substantive legal bases, including Article 16 TFEU;

44.

Recommends that any dispute settlement to be negotiated fall under the ultimate jurisdiction of the CJEU;

45.

Calls on the Commission to report to Parliament on the conduct and the outcome of the negotiations, both on a regular basis and whenever requested; recalls that Parliament has consenting power on the conclusion of the envisaged cooperation agreement and that it should thus be closely involved in the negotiating process; calls on the Commission to ensure that reporting to Parliament is a part of the monitoring and evaluation mechanisms foreseen in the cooperation agreement;

o o

46.

Instructs its President to forward this recommendation to the Council, the Commission and the International Criminal Police Organization (ICPO-INTERPOL).

(1) OJ L 119, 4.5.2016, p. 1.

(2) OJ L 119, 4.5.2016, p. 89.

(3) OJ L 295, 21.11.2018, p. 39.

(4) OJ L 135, 24.5.2016, p. 53.

(5) OJ L 295, 14.11.2019, p. 1.

(6) OJ L 283, 31.10.2017, p. 1.

(7) OJ L 295, 21.11.2018, p. 138.

(8) OJ L 135, 22.5.2019, p. 27.

(9) OJ L 135, 22.5.2019, p. 85.

(10) OJ C 445, 29.10.2021, p. 140.

(11) OJ C 117, 11.3.2022, p. 109.

(12) Regulation (EU) 2019/817 and Regulation (EU) 2019/818.

(13) Regulation (EU) 2018/1240 of the European Parliament and of the Council of 12 September 2018 establishing a European Travel Information and Authorisation System (ETIAS) and amending Regulations (EU) No 1077/2011, (EU) No 515/2014, (EU) 2016/399, (EU) 2016/1624 and (EU) 2017/2226 (OJ L 236, 19.9.2018, p. 1).

(14) Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (OJ L 218, 13.8.2008, p. 60).

(15) Regulation (EU) 2022/991 of the European Parliament and of the Council of 8 June 2022 amending Regulation (EU) 2016/794, as regards Europol’s cooperation with private parties, the processing of personal data by Europol in support of criminal investigations, and Europol’s role in research and innovation (OJ L 169, 27.6.2022, p. 1).

7.2.2023

Official Journal of the European Union

C 47/298

P9_TA(2022)0297

Sustainable aviation fuels (ReFuelEU Aviation Initiative) ***I

Amendments adopted by the European Parliament on 7 July 2022 on the proposal for a regulation of the European Parliament and of the Council on ensuring a level playing field for sustainable air transport (COM(2021)0561 — C9-0332/2021 — 2021/0205(COD)) (1)

(Ordinary legislative procedure: first reading)

(2023/C 47/34)

Amendment 1

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(1)

Over the past decades, air transport has played a crucial role in the Union's economy and in the everyday lives of Union citizens, as one of the best performing and most dynamic sectors of the Union economy. It has been a strong driver for economic growth, jobs, trade and tourism, as well as for connectivity and mobility for businesses and citizens alike, particularly within the Union aviation internal market. Growth in air transport services has significantly contributed to improving connectivity within the Union and with third countries, and has been a significant enabler of the Union economy.

(1)

Over the past decades, air transport has played a crucial role in the Union's economy and in the everyday lives of Union citizens, as one of the best performing and most dynamic sectors of the Union economy. It has been a strong driver for economic growth, jobs, trade and tourism, as well as for connectivity and mobility for businesses and citizens alike , as well as one of the main connector between outermost regions and the mainland , particularly within the Union aviation internal market. Growth in air transport services has significantly contributed to improving connectivity , fostering cohesion and reducing regional disparities within the Union , in particular for peripheral, outermost, sparsely populated and insular regions, as well as with third countries, and has been a significant enabler of the Union economy.

Amendment 2

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

(2)

From 2020, air transport has been one of the hardest hit sector by the COVID-19 crisis. With the perspective of an end to the pandemic in sight, it is expected that air traffic will gradually resume in the coming years and recover to its pre-crisis levels. At the same time, emissions from the sector have been increasing since 1990 and the trend of increasing emissions could return as we overcome the pandemic. Therefore, it is necessary to prepare for the future and make the necessary adjustments ensuring a well-functioning air transport market that contributes to achieving the Union’s climate goals, with high levels of connectivity, safety and security.

(2)

The Union has established legal obligations under Regulation (EU) 2021/1119 to achieve climate neutrality by 2050 at the latest and to achieve a reduction of net greenhouse gas emissions by at least 55 % compared to 1990 by 2030. In order to achieve this, all economic sectors, including the transport sector, has to take rapid steps to decarbonise. For the aviation sector, this necessitates a strong ramp-up of the production, supply and uptake of sustainable aviation fuels. From 2020, air transport has been one of the hardest hit sector by the COVID-19 crisis. It is expected that air traffic will gradually resume in the coming years and recover to its pre-crisis levels . The International Civil Aviation Organisation estimates per annum growth in Europe of up to 3 % a year until 2050 for passenger traffic, and 2,4 % for freight traffic . At the same time, emissions from the sector have been increasing since 1990 and the trend of increasing emissions could quickly return as we overcome the pandemic. Therefore, it is imperative to prepare for the future and make the necessary adjustments ensuring a well-functioning air transport sector that contributes fully to achieving the Union’s climate goals, with high levels of connectivity, affordability, safety and security.

Amendment 3

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(3)

The functioning of the Union air transport sector is determined by its cross-border nature across the Union, and by its global dimension. The aviation internal market is one of the most integrated sectors in the Union, governed by uniform rules on market access and operating conditions. The Union's external air transport policy is governed by rules established at global level at the International Civil Aviation Organisation (ICAO), and in comprehensive multilateral or bilateral agreements between the Union or its Member States, and third countries. It is therefore important that the Union sustains the efforts made at international, multilateral and bilateral level to promote a high level of ambition and convergence in the uptake of sustainable aviation fuels, while providing for an international level playing field.

Amendment 4

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(4)

The air transport market is subject to strong competition between economic actors across the Union, for which a level playing field is indispensable. The stability and prosperity of the air transport market and its economic actors relies on a clear and harmonised policy framework where aircraft operators, airports and other aviation actors can operate on the basis of equal opportunities. Where market distortions occur, they risk putting aircraft operators or airports at a disadvantage with internal or external competitors. In turn, this can result in a loss of competitiveness of the air transport industry, and a loss of air connectivity for citizens and businesses.

(4)

The air transport market is subject to strong competition between economic actors globally and across the Union, for which a level playing field is indispensable. The stability and prosperity of the air transport market and its economic actors relies on a clear and harmonised policy framework where aircraft operators, airports and other aviation actors can operate on the basis of equal rules and opportunities , leading to a vibrant sector and to job opportunities. To a large extend intra-EU flights are part of global itineraries set in a global market. The same is valid for itineraries from non-EU to non-EU destinations through European airports . Where market distortions occur, aircraft operators or airports are put at risk for a disadvantage with internal or external competitors. In turn, this can result in a loss of competitiveness of the air transport industry, putting air transport businesses and jobs at risk, and a loss of air connectivity and transport choices for citizens and businesses.

Amendment 5

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

(5)

In particular, it is essential to ensure a level playing field across the Union air transport market regarding aviation fuel, which account for a substantial share of aircraft operators’ costs. Variations in fuel prices can affect significantly aircraft operators’ economic performance and negatively impact competition on the market , reduce the attractiveness of the aviation sector and therefore mobility, with high fuel prices translating directly into high end-consumer fares . Where differences in aviation fuel prices exist between Union airports or between Union and non-Union airports, this can lead aircraft operators to adapt their refuelling strategies for economic reasons. Fuel tankering increases aircraft’s fuel consumption and results in unnecessary greenhouse gas emissions. Fuel tankering for economic reasons by aircraft operators accordingly undermines of the Union’s efforts towards environmental protection. Some aircraft operators are able to use favourable aviation fuel prices at their home base as a competitive advantage towards other airlines operating similar routes. This can have detrimental effects on the competitiveness of the sector , leading to market distortions and be harmful to air connectivity. This Regulation should set up measures to prevent such practices in order to avoid unnecessary environmental damage as well as to restore and preserve the conditions for fair competition on the air transport market. Nevertheless, this Regulation should also take into account the fact that fuel tankering at times occurs in order to comply with fuel safety rules and in such cases is justified by safety reasons. Furthermore, fuel tankering can be the consequence of specific operational difficulties for some aircraft operators at some airports, inter alia in terms of disproportionate longer turnaround time for aircraft or reduced airport capacity at peak times. The Commission should therefore closely monitor, evaluate and analyse cases of fuel tankering and their underlying reasons and, where appropriate, come forwards with legislative proposals to amend this Regulation.

Amendment 6

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

(6)

A key objective of the common transport policy is sustainable development. This requires an integrated approach aimed at ensuring both the effective functioning of Union transport systems and protection of the environment. Sustainable development of air transport requires the introduction of measures aimed at reducing the carbon emissions from aircraft flying from Union airports. Such measures should contribute to meeting the Union’s climate objectives by 2030 and 2050.

(6)

A key objective of the common transport policy is sustainable development. This requires an integrated approach aimed at ensuring both the effective functioning of Union transport systems , compliance with labour and social regulations, and protection of the environment. Sustainable development of air transport requires the introduction of measures , including economic instruments, aimed at reducing the carbon emissions from aircraft flying from Union airports and developing a market for the production and supply of sustainable aviation fuels . Such measures should contribute to meeting the Union’s climate objectives by 2030 and 2050.

Amendment 7

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(7)

The Communication on a Sustainable and Smart Mobility Strategy (10) adopted by the Commission in December 2020 sets a course of action for the EU transport system to achieve its green and digital transformation and become more resilient. The decarbonisation of the air transport sector is a necessary and challenging process, especially in the short term. Technological advancements, pursued in European and national research and innovation aviation programmes have contributed to important emission reductions in the past decades. However, the global growth of air traffic has outpaced the sector’s emissions reductions. Whereas new technologies are expected to help reducing short-haul aviation’s reliance on fossil energy in the next decades, sustainable aviation fuels offer the only solution for significant decarbonisation of all flight ranges, already in the short term. However, this potential is currently largely untapped.

(7)

The Communication on a Sustainable and Smart Mobility Strategy (10) adopted by the Commission in December 2020 sets a course of action for the EU transport system to achieve its green and digital transformation and become more resilient. The decarbonisation of the air transport sector is a necessary and challenging process, especially in the short term. Technological advancements, and a clear commitment from industry, pursued in European and national research and innovation aviation programmes have contributed to important emission reductions in the past decades. However, the global growth of air traffic has outpaced the sector’s emissions reductions. Whereas new technologies , including the development of zero-emission electric- or hydrogen-powered aircrafts, are expected to help reducing short-haul aviation’s reliance on fossil energy in the next decades and can play an important role in commercial aviation in the medium and long term , sustainable aviation fuels offer a promising solution for significant decarbonisation of all flight ranges, both in the short and in the medium and long term. However, this potential is currently largely untapped and needs support over time for the further development and deployment of sustainable aviation fuels and for research into new aircraft engines and technologies .

Amendment 8

Proposal for a regulation

Recital 7 a (new)

Text proposed by the Commission

Amendment

(7a)

The overarching principle of energy efficiency first should be implemented across all sectors, going beyond the energy system to include the transport sector, including aviation. In particular, it should be integral to policy, planning and investment decisions related to the deployment of more energy efficient engines and sustainable alternative fuels and technologies, including as regards the rapid development of planes propelled by renewable electricity or green hydrogen.

Amendment 9

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(8)

Sustainable aviation fuels are liquid, drop-in fuels, fully fungible with conventional aviation fuel and compatible with existing aircraft engines. Several production pathways of sustainable aviation fuels have been certified at global level for use in civil or military aviation. Sustainable aviation fuels are technologically ready to play an important role in reducing emissions from air transport already in the very short term. They are expected to account for a major part of the aviation fuel mix in the medium and long term. Further, with the support of appropriate international fuel standards, sustainable aviation fuels might contribute to lowering the aromatic content of the final fuel used by an operator, thus helping to reduce other non-CO2 emissions. Other alternatives to power aircraft , such as electricity or liquid hydrogen are expected to progressively contribute to the decarbonisation of air transport, beginning with short-haul flights.

(8)

Sustainable aviation fuels are aviation fuels that comprise liquid, drop-in fuels, fully fungible with conventional aviation fuel and compatible with existing aircraft engines , as well as hydrogen and electricity . Several production pathways of sustainable aviation fuels have been certified at global level for use in civil or military aviation. Sustainable aviation fuels are technologically ready to play an important role in reducing emissions from air transport already in the very short term. They are expected to account for a major part of the aviation fuel mix in the medium and long term. Further, with the support of appropriate international fuel standards and EASA’s support for the design of those standards , sustainable aviation fuels might contribute to lowering the aromatic content of the final fuel used by an operator, thus helping to reduce other non-CO2 emissions. Other sustainable aviation fuels , such as electricity or hydrogen , are very promising technologies and are expected to progressively contribute to the decarbonisation of air transport, beginning with short-haul flights. This Regulation will further accelerate scientific development and deployment of these technologies, as well as commercial innovation in respect of them, by allowing economic operators to consider those technologies in relation to the mandate on sustainable aviation fuels, as set out in this Regulation, when those technologies become mature and commercially available. This will also increase market certainty and predictability and act as an incentive for the investments in those new technologies that are necessary.

Amendment 10

Proposal for a regulation

Recital 9

Text proposed by the Commission

Amendment

(9)

The gradual introduction of sustainable aviation fuels on the air transport market will represent an additional fuel cost for airlines, as such fuel technologies are currently more expensive to produce than conventional aviation fuel. This is expected to exacerbate the pre-existing issues of level playing field on the air transport market as regards aviation fuel, and to cause further distortions among aircraft operators and airports. This regulation should take measures to prevent that the introduction of sustainable aviation fuels affects negatively the competitiveness of the aviation sector by defining harmonised requirements across the Union.

(9)

The gradual introduction of sustainable aviation fuels on the air transport market will represent an additional fuel cost for airlines, as such fuel technologies are currently more expensive to produce than conventional aviation fuel. This is expected to exacerbate the pre-existing issues of level playing field on the air transport market as regards aviation fuel, and to cause further distortions among aircraft operators and airports , also in the context of the implementation of CORSIA and ETS emission schemes . This regulation should take measures to prevent that the introduction of sustainable aviation fuels affects negatively the competitiveness of the aviation sector by defining harmonised requirements across the Union , including common definitions and common EU-level target-setting .

Amendment 11

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

(10)

At global level, sustainable aviation fuels are regulated at ICAO . In particular, ICAO establishes detailed requirements on the sustainability, traceability and accounting of sustainable aviation fuels for use on flights covered by the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA). While incentives are set in CORSIA and sustainable aviation fuels are considered an integral pillar of the work on the feasibility of a Long-Term Aspiration Goal for international aviation, there is currently no mandatory scheme on the use of sustainable aviation fuels for international flights. Comprehensive multilateral or bilateral air transport agreements between the EU or its Member States, and third countries generally include provisions on environmental protection. However, for the time being , such provisions do not impose on contracting parties any binding requirements on the use of sustainable aviation fuels.

(10)

At global level, sustainable aviation fuels are regulated and defined at ICAO , where countries agree on detailed requirements on the sustainability, traceability and accounting of certified sustainable aviation fuels pathways for use on flights covered by the Carbon Offsetting and Reduction Scheme for International Aviation(CORSIA). While incentives are set in CORSIA and sustainable aviation fuels are considered an integral pillar of the work on the feasibility of a Long-Term Aspiration Goal for international aviation, there is currently no mandatory scheme on the use of sustainable aviation fuels for international flights. Comprehensive multilateral or bilateral air transport agreements between the EU or its Member States, and third countries generally include provisions on environmental protection. Currently , such provisions do not impose on contracting parties any binding requirements on the use of sustainable aviation fuels.

Amendment 12

Proposal for a regulation

Recital 10 a (new)

Text proposed by the Commission

Amendment

(10a)

In order to prevent distortions of competition in the international aviation market, that could lead to the loss of traffic flows connecting through EU airports and to carbon leakage and in order to create a global market of sustainable aviation fuels, the Union external aviation policy should take a global lead in the shift towards the use of sustainable fuels, engage in international negotiations to harmonise definitions and standards of sustainable air fuels and promote international convergence on the rules concerning the production, uptake and uplift of sustainable aviation fuels. It is therefore important that the Union sustains its efforts at ICAO and strives for an ambitious global system that promotes a global market for sustainable aviation fuels and provides for an international level playing field. The Commission and Member States should therefore advocate at the ICAO General Assembly to immediately start negotiations for an ambitious global policy framework at ICAO level for the uptake of sustainable aviation fuels. Once such a global policy framework is adopted, the Commission should ensure that the provisions of this Regulation are compatible, consistent and complementary to the global framework and the international standards, thereby securing a coherent implementation and a level playing field at international level. In addition, the Commission and Member States should aim to ensure that comprehensive multilateral and bilateral air transport and air services agreements integrate equivalent, binding provisions on a blending mandate for the uptake of sustainable aviation fuels. Furthermore, the Commission should regularly assess whether the provisions of this Regulation have an adverse effect on the functioning of the internal market in aviation, the sector’s competitiveness, the international level playing field with regards to air carriers and airport hubs and possible re-routing leading to carbon leakage and, where appropriate, present remedies to address these adverse effects.

Amendment 13

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

(12)

Therefore, uniform rules need to be laid down for the aviation internal market to complement Directive (EU) 2018/2001 and to deliver on its overall objectives by addressing the specific needs and requirements arising from the EU aviation internal market and promoting sustainable fuels in aviation . In particular, the present Regulation aims to avoid a fragmentation of the Union aviation market, prevent possible competitive distortions between economic actors, or unfair practices of cost avoidance as regards the refuelling of aircraft operators and promote innovation and production in the Union . Targeted support and financing is required from Union and national levels, as well as incentivising public and private partnerships to accelerate the uptake of sustainable aviation fuels.

Amendment 14

Proposal for a regulation

Recital 15

Text proposed by the Commission

Amendment

(15)

The present Regulation should apply to aircraft engaged in civil aviation, carrying out commercial air transport flights. It should not apply to aircraft such as military aircraft and aircraft engaged in operations for humanitarian, search, rescue, disaster relief or medical purposes, as well as customs, police and fire-fighting operations. Indeed, flights operated in such circumstances are of exceptional nature and as such cannot always be planned in the same way as regular flights. Due to the nature of their operations, they may not always be in a position to fulfil obligations under this Regulation, as it may represent unnecessary burden. In order to cater for a level playing field across the EU aviation single market, this regulation should cover the largest possible share of commercial air traffic operated from airports located on EU territory. At the same time, in order to safeguard air connectivity for the benefits of EU citizens, businesses and regions, it is important to avoid imposing undue burden on air transport operations at small airports. A threshold of yearly passenger air traffic and freight traffic should be defined, below which airports would not be covered by this Regulation; however, the scope of the Regulation should cover at least 95 % of total traffic departing from airports in the Union. For the same reasons, a threshold should be defined to exempt aircraft operators accountable for a very low number of departures from airports located on EU territory.

(15)

The present Regulation should not apply to aircraft engaged in operations for humanitarian, search, rescue, disaster relief or medical purposes, since flights operated in such circumstances are of exceptional nature and as such cannot always be planned in the same way as regular flights. Due to the nature of their operations, they may not always be in a position to fulfil obligations under this Regulation, as it may represent unnecessary burden. This Regulation should apply to aircraft engaged in civil aviation, carrying out commercial air transport flights. It should not apply to military aircrafts or to aircrafts engaged in customs, police and fire-fighting operations. In order to cater for a level playing field across the EU aviation single market and to favour the development of the SAF market and the necessary infrastructure for SAF across the entire EU, it should cover all commercial air traffic operated from airports located on EU territory. At the same time, in order to safeguard air connectivity for the benefits of EU citizens, businesses and regions, to provide for the necessary flexibility to enable fuel suppliers to provide and airlines to uplift sustainable aviation fuels in the most cost-effective manner, and to avoid imposing an undue burden on air transport operations at small airports , a flexibility mechanism, including book & claim elements, should be set up as a transitional phase. In order to prevent undue distortions of competition in the internal market, after that transitional period the requirements laid out in this Regulation should apply equally in the long term to all Union airports and to all commercial aircraft operators taking off or landing in a Union airport.

Amendment 15

Proposal for a regulation

Recital 15 a (new)

Text proposed by the Commission

Amendment

(15a)

It is essential that less-connected European regions, such as insular and outermost regions, that often rely on aviation as the sole means of connection, are not disproportionally affected by the obligations resulting from this Regulation and that access of these regions to essential goods and services is ensured. In order to help safeguarding the air-connectivity of regions with fewer alternative transport options, attention should be paid to the possible effects of the provisions in this Regulation with regards to the affordability, competitiveness and potential price increases of air routes connecting remote regions and other areas of the Union.

Amendment 16

Proposal for a regulation

Recital 16 a (new)

Text proposed by the Commission

Amendment

(16a)

It is essential that the pool of eligible sustainable feedstock be as inclusive as possible, in order to maximise the potential for scaling up the production of sustainable aviation fuels at affordable costs. The list of feedstock eligible under the present Regulation should not be static but evolving over time to include new sustainable feedstock. For that purpose, in line with article 28(6)of Directive (EU) 2018/2001, the Commission should review at least every two years the list of feedstock set out in Parts A and B of Annex IX with a view to adding new feedstock. New feedstock added to Annex IX should become directly eligible for production of sustainable aviation fuels under the present Regulation.

Amendment 17

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

(17)

For sustainability reasons, feed and food crop-based fuels should not be eligible. In particular, indirect land-use change occurs when the cultivation of crops for biofuels displaces traditional production of crops for food and feed purposes. Such additional demand increases the pressure on land and can lead to the extension of agricultural land into areas with high-carbon stock, such as forests, wetlands and peatland, causing additional greenhouse gas emissions and loss of biodiversity concerns. Research has shown that the scale of the effect depends on a variety of factors, including the type of feedstock used for fuel production, the level of additional demand for feedstock triggered by the use of biofuels and the extent to which land with high-carbon stock is protected worldwide. The highest risks of indirect land-use change have been identified for biofuels, fuels produced from feedstock for which a significant expansion of the production area into land with high-carbon stock is observed. Accordingly, feed and food crop-based fuels should not be promoted. This approach is in line Union policy and in particular with Directive (EU) 2018/2001 which limits and sets a cap on the use of such biofuels in road and rail transport, considering their lower environmental benefits, lower performance in terms of greenhouse reduction potential and broader sustainability concerns. In addition to the greenhouse gas emissions linked to indirect land-use change — which is capable of negating some or all greenhouse gas emissions savings of individual biofuels — indirect land-use change poses risks also to biodiversity. This risk is particularly serious in connection with a potentially large expansion of production determined by a significant increase in demand. The aviation sector has currently insignificant levels of demand for food and feed crops-based biofuels, since over 99 % of currently used aviation fuels are of fossil origin. It is therefore appropriate to avoid the creation of a potentially large demand of food and feed crops-based biofuels by promoting their use under this Regulation. The non-eligibility of crop-based biofuels under this Regulation also minimises any risk to slow down the decarbonisation of road transport, which could otherwise result from a shift of crop-based biofuels from the road to the aviation sector. It is essential to minimise such a shift, as road transport currently remains by far the most polluting transport sector.

(17)

For sustainability reasons, feed and food crop-based fuels , including high indirect land-use change risk biofuels such as those derived from palm oil, should not be eligible. In particular, indirect land-use change occurs when the cultivation of crops for biofuels displaces traditional production of crops for food and feed purposes. Such additional demand increases the pressure on land and can lead to the extension of agricultural land into areas with high-carbon stock, such as forests, wetlands and peatland, causing additional greenhouse gas emissions and loss of biodiversity concerns. Research has shown that the scale of the effect depends on a variety of factors, including the type of feedstock used for fuel production, the level of additional demand for feedstock triggered by the use of biofuels and the extent to which land with high-carbon stock is protected worldwide. The highest risks of indirect land-use change have been identified for biofuels, fuels produced from feedstock for which a significant expansion of the production area into land with high-carbon stock is observed. Accordingly, feed and food crop-based fuels should not be promoted. This approach is in line Union policy and in particular with Directive (EU) 2018/2001 which limits and sets a cap on the use of such biofuels in road and rail transport, considering their lower environmental benefits, lower performance in terms of greenhouse reduction potential and broader sustainability concerns. In addition to the greenhouse gas emissions linked to indirect land-use change — which is capable of negating some or all greenhouse gas emissions savings of individual biofuels — indirect land-use change poses risks also to biodiversity. This risk is particularly serious in connection with a potentially large expansion of production determined by a significant increase in demand. The aviation sector has currently insignificant levels of demand for food and feed crops-based biofuels, since over 99 % of currently used aviation fuels are of fossil origin. It is therefore appropriate to avoid the creation of a potentially large demand of food and feed crops-based biofuels by promoting their use under this Regulation. The non-eligibility of crop-based biofuels under this Regulation also minimises any risk to slow down the decarbonisation of road transport, which could otherwise result from a shift of crop-based biofuels from the road to the aviation sector. It is essential to minimise such a shift, as road transport currently remains by far the most polluting transport sector.

Amendment 18

Proposal for a regulation

Recital 17 a (new)

Text proposed by the Commission

Amendment

(17a)

Accurate and correct information about the characteristics of sustainable aviation fuels is of major importance for the proper functioning of this Regulation. In order to promote consumer confidence and ensure transparency and traceability, fuel suppliers are responsible to provide the correct information with regards to the characteristics of the fuel supplied, its sustainability characteristics and the origin of feedstock used in the production of the fuel. That information is reported in the Union Database, established under Article 28 of Directive (EU) 2018/2001 (the Renewable Energy Directive). Fuel suppliers that have been proven to have provided misleading or inaccurate information regarding the characteristics or origin of the fuels they supply should be subject to a penalty. Member States have to ensure that fuel suppliers enter timely and accurate information in the Union Database and that that information is verified and audited. In order to combat possible fraud and since a substantial part of the feedstock needed for the production of sustainable aviation fuels comes from outside the Union, it is necessary for Member States, in cooperation with the relevant European bodies, to strengthen the control mechanism for shipments, including by carrying out on-site inspections. In this respect, the Commission will publish an Implementing Regulation on sustainability certification in line with Article 30(8) of the Directive (EU) 2018/2001 in order to further harmonise and strengthen the rules on reliability, transparency and independent auditing as well as on cooperation of competent authorities of the Member States in audit supervision.

Amendment 19

Proposal for a regulation

Recital 18

Text proposed by the Commission

Amendment

(18)

A single, clear and robust sustainability framework is necessary to provide certainty for the aviation and fuels industries actors, on the eligibility of sustainable aviation fuels under this Regulation. To ensure consistency with other related EU policies, the eligibility of sustainable aviation fuels should be determined according to compliance with the sustainability criteria established in Article 29 of Directive 2018/2001 (12) .

(18)

A single, clear and robust sustainability framework is necessary to provide legal certainty and continuity for the aviation and fuels industries actors, on the eligibility of sustainable aviation fuels under this Regulation. To ensure consistency with other related EU policies, the eligibility of sustainable aviation fuels should be determined according to compliance with the sustainability criteria established in Article 29 of Directive (EU) 2018/2001 (12) .

Amendment 20

Proposal for a regulation

Recital 19

Text proposed by the Commission

Amendment

(19)

The present Regulation should aim to ensure that aircraft operators can compete on the basis of equal opportunities as regards the access to sustainable aviation fuels. To avoid any distortions on the air services market, all Union airports covered by this Regulation should be supplied with uniform minimum shares of sustainable aviation fuels. Whereas the market is free to supply and use larger quantities of sustainable fuel, this Regulation should ensure that the mandatory minimum shares of sustainable aviation fuels are the same across all the covered airports. It supersedes any requirements established directly or indirectly at national or regional level requiring aircraft operators or aviation fuel suppliers to uptake or supply sustainable aviation fuels with different targets than the ones prescribed under this Regulation. In order to create a clear and predictable legal framework and in doing so encourage the market development and deployment of the most sustainable and innovative with growth potential to meet future needs fuel technologies, this Regulation should set out gradually increasing minimum shares of synthetic aviation fuels over time. Setting out a dedicated sub-obligation on synthetic aviation fuels is necessary in view of the significant decarbonisation potential of such fuels, and in view of their current estimated production costs. When produced from renewable electricity and carbon captured directly from the air, synthetic aviation fuels can achieve as high as 100 % emissions savings compared to conventional aviation fuel. They also have notable advantages compared to other types of sustainable aviation fuels with regards to resource efficiency (in particular for water needs) of the production process. However, synthetic aviation fuels’ production costs are currently estimated at 3 to 6 times higher than the market price of conventional aviation fuel. Therefore, this Regulation should establish a dedicated sub-obligation for this technology. Other types of synthetic fuels, such as low carbon synthetic fuels achieving high greenhouse gas reductions, could be considered for inclusion in the scope of this Regulation in the course of future revisions, where such fuels become defined under the Renewable Energy Directive.

(19)

The present Regulation should aim to ensure that aircraft operators can compete on the basis of equal opportunities as regards the access to sustainable aviation fuels. To avoid any distortions on the air services market, all Union airports covered by this Regulation should be supplied with uniform minimum shares of sustainable aviation fuels. Whereas the market is free to supply and use larger quantities of sustainable fuel, this Regulation should ensure that the mandatory minimum shares of sustainable aviation fuels are the same across all the covered airports. The availability of feedstock and the production capacity of sustainable aviation fuel are not unlimited. A situation in which some Member States would adopt higher overall sustainable aviation fuel supply obligations at national level will intensify the competition for feedstock with other transport and energy sectors and could lead to shortages of supply in other regions. This would undermine the ability of aircraft operators in these regions to decarbonise, and unfairly increase the cost to those aircraft operators of compliance notably with the EU ETS, leading to market distortions and an overall competitive disadvantage. Therefore, common EU-level target setting for the overall production and for the uptake of sustainable aviation fuels should be set. This Regulation supersedes any requirements established directly or indirectly at national or regional level requiring aircraft operators or aviation fuel suppliers to uptake or supply sustainable aviation fuels with different targets than the ones prescribed under this Regulation. In order to create a clear and predictable legal framework and in doing so encourage the market development and deployment of the most sustainable and innovative with growth potential to meet future needs fuel technologies, this Regulation should set out gradually increasing minimum shares of synthetic aviation fuels over time. Setting out a dedicated sub-obligation on synthetic aviation fuels is necessary in view of the significant decarbonisation potential of such fuels, and in view of their current estimated production costs. When produced from renewable electricity and carbon captured directly from the air, synthetic aviation fuels can achieve as high as 100 % emissions savings compared to conventional aviation fuel. They also have notable advantages compared to other types of sustainable aviation fuels with regards to resource efficiency (in particular for water needs) of the production process. However, synthetic aviation fuels’ production costs are currently estimated at 3 to 6 times higher than the market price of conventional aviation fuel. Therefore, this Regulation should establish a dedicated sub-obligation for this technology. Other types of synthetic fuels, such as low carbon synthetic fuels achieving high greenhouse gas reductions, could be considered for inclusion in the scope of this Regulation in the course of future revisions, where such fuels become defined under the Renewable Energy Directive. Furthermore, synthetic aviation fuels with CO2 derived from direct air capture (DAC) can play an important role due to their ability to sustainably source carbon and should be further promoted.

Amendment 21

Proposal for a regulation

Recital 19 a (new)

Text proposed by the Commission

Amendment

(19a)

The availability of feedstock and the production capacity of sustainable aviation fuel are not unlimited. An intensified competition for limited feedstock could lead to shortages of supply and market distortions and thereby negatively affect the competitiveness of the aviation sector as a whole. In order to ensure a level playing field and avoid a fragmentation of the internal market, harmonised requirements should apply across the Union about the minimum shares of SAF uptake. However, while ensuring the achievement of these EU harmonised volume shares in accordance with Annex I, Member States may take national measures, supportive policies and initiatives aiming at increasing the level of production and uptake of sustainable aviation fuels, including synthetic aviation fuels, on their territory, for instance by providing financial support. Such national actions should be transparent, non-discriminatory, proportionate and of a general nature open to all enterprises. Furthermore, as this Regulation does not define a maximum share of sustainable aviation fuels, airlines and fuel suppliers may pursue more ambitious environmental policies with higher sustainable aviation fuels uptake and supply in their overall network of operations, while avoiding fuel tankering. To this end, airlines and fuel suppliers could, by means of contractual arrangements, agree on mutual commitments to produce, supply and purchase predetermined quantities of sustainable aviation fuels, including those exceeding the minimum volume shares set out in Annex I. Such contractual arrangements may also cover liability and establish conditions for financial compensation in cases of non-delivery.

Amendment 22

Proposal for a regulation

Recital 19 b (new)

Text proposed by the Commission

Amendment

(19b)

Consumer demand can play an important role in the development towards a more sustainable aviation. However, for consumers to be able to make an informed choice, more robust, reliable, independent and harmonised information is needed on the environmental impact of flights, in line with the Sustainable and Smart Mobility Strategy Action Plan. To this end, a comprehensive Union labelling system for the environmental performance of aviation should be established that can provide users of aviation services clear, transparent, comprehensive, user-friendly and easily understandable information about the environmental performance of aviation. This will drive consumers’ choices and further promote the use of sustainable aviation fuels and other sustainability measures by aircraft operators. The European Union Aviation Safety Agency (EASA) is already responsible for environmental certification of aircraft and has been working together with stakeholders to develop an environmental labelling system for aviation that covers aircraft, aircraft operators and commercial flights. EASA should be tasked with the further development, implementation and functioning of such system to ensure independence, technical robustness and synergies with other EU measures.

Amendment 23

Proposal for a regulation

Recital 20

Text proposed by the Commission

Amendment

(20)

It is essential to ensure that the minimum shares of sustainable aviation fuels can be successfully supplied to the aviation market without supply shortages. For this purpose, sufficient lead-time should be planned and a flexibility mechanism put in place to allow the renewable fuels industry to develop production capacity accordingly and to allow aviation fuel providers and aircraft operators to meet their obligations in the most cost-effective way, without reducing the overall environmental ambitions of this Regulation . The supply of sustainable aviation fuels should start in 2025 , with the flexibility provided for in the SAF flexibility mechanism . Similarly, in order to provide legal certainty and predictability to the market and drive investments durably towards sustainable aviation fuels production capacity, the terms of this Regulation should be stable over a long period of time.

Amendment 24

Proposal for a regulation

Recital 21

Text proposed by the Commission

Amendment

(21)

With the introduction and ramp-up of sustainable aviation fuels at Union airports, practices of fuel tankering may be exacerbated as a consequence of aviation fuel costs increases. Tankering practices are unstainable and should be avoided as they undermine the Union’s efforts to reduce environmental impacts from transport. Those would be contrary to the aviation decarbonisation objectives as increased aircraft weight would increase fuel consumption and related emissions on a given flight. Tankering practices also put at risk the level playing field in the Union between aircraft operators, and also between airports. This Regulation should therefore require aircraft operators to refuel prior to departure from a given Union airport. The amount of fuel uplifted prior to departures from a given Union airport should be commensurate with the amount of fuel necessary to operate the flights departing from that airport, taking into account the necessary compliance with fuel safety rules. The requirement ensures that equal conditions for operations in the Union applying equally to Union and foreign operators, while ensuring high level of environmental protection. As the Regulation does not define a maximum share of sustainable aviation fuels in all aviation fuels, airlines and fuel suppliers may pursue more ambitious environmental policies with higher sustainable aviation fuels uptake and supply in their overall network of operations, while avoiding fuel tankering.

(21)

With the introduction and ramp-up of sustainable aviation fuels at Union airports, practices of fuel tankering for economic reasons may be exacerbated as a consequence of aviation fuel costs increases. Tankering practices for economic reasons are unstainable and should be avoided as they undermine the Union’s efforts to reduce environmental impacts from transport. Those would be contrary to the aviation decarbonisation objectives as increased aircraft weight would increase fuel consumption and related emissions on a given flight. Tankering practices also put at risk the level playing field in the Union between aircraft operators, and also between airports. This Regulation should therefore require aircraft operators to refuel prior to departure from a given Union airport. The amount of fuel uplifted prior to departures from a given Union airport should be commensurate with the amount of fuel necessary to operate the flights departing from that airport, taking into account the necessary compliance with fuel safety rules. The requirement ensures that equal conditions for operations in the Union applying equally to Union and foreign operators, while ensuring high level of environmental protection. As the Regulation does not define a maximum share of sustainable aviation fuels in all aviation fuels, airlines and fuel suppliers may pursue more ambitious environmental policies with higher sustainable aviation fuels uptake and supply in their overall network of operations, while avoiding fuel tankering. To ensure a level playing field both for intra-EU and extra-EU flights, the Commission should regularly monitor, evaluate and report on fuel tankering cases.

Amendment 25

Proposal for a regulation

Recital 21 a (new)

Text proposed by the Commission

Amendment

(21a)

The further uptake of sustainable aviation fuels, that typically have lower aromatic concentrations and lower sulphur content, will contribute to reducing the non-CO2 climate impacts. A further reduction of the aromatic and sulphur content in aviation fuels could reduce contrail cirrus formation, improve air quality in and around airports, and increase the quality of the fuel for the benefit of airlines, both through high energy density and lower maintenance costs due to lower soot levels. However, reducing the aromatic concentrations in aviation fuels needs to be done while adhering to international fuel safety rules and preserving an international level playing field. Therefore, EASA should monitor the aromatics and sulphur content of conventional aviation fuels. The Commission should, by 1 January 2025 at the latest, present a report to the European Parliament and to the Council assessing possible measures, including, where appropriate, legislative proposals and fuel quality standards, to optimise the aromatic content in aviation fuel.

Amendment 26

Proposal for a regulation

Recital 21 b (new)

Text proposed by the Commission

Amendment

(21b)

In addition to its climate warming effects, aviation also negatively impacts air quality. The most significant pollutants are particulate matter (PM), including ultra-fine particles, nitrogen oxides (NOX) and volatile organic compounds (VOCs), with some of these primary pollutants producing other pollutants (1a) . While more research is needed on the health effects of ultrafine particles, several studies have demonstrated short-term and long-term effects of exposure to ultrafine particles, including mortality, cardiovascular, ischemic heart disease and pulmonary morbidity (1b) . Air pollution also contributes to biodiversity loss through damage to ecosystems.

Amendment 27

Proposal for a regulation

Recital 22

Text proposed by the Commission

Amendment

(22)

Airports covered by this Regulation should ensure that all the necessary infrastructure is provided for delivery, storage and refuelling of sustainable aviation fuel, so as not to constitute an obstacle with respect to the uptake of such sustainable aviation fuel. If necessary, the Agency should be able to require a Union airport to provide information on the infrastructure available allowing for seamless distribution and refuelling of aircraft operators with sustainable aviation fuels. The role of the Agency should allow airports and airlines to have a common focal point, in the event where technical clarification is necessary on the availability of fuel infrastructure.

(22)

It is important to ensure that all the necessary infrastructure is provided for delivery, storage and refuelling of sustainable aviation fuel, as well as continued and uninterrupted access for fuel suppliers to transport fuel infrastructure, so as not to constitute an obstacle with respect to the uptake of such sustainable aviation fuel . This Regulation should take due account of the diverse governance models for airports across the Union. In this regard, airports covered by this Regulation, or, where applicable, the relevant managing body to which the centralised infrastructure of the airport has been reserved by the Member State concerned as referred to in Article 8 of Council Directive 96/67/EC (‘Groundhandling Directive’), should therefore take all necessary measures to provide the infrastructure necessary for the delivery, storage and uplifting of such sustainable aviation fuels and the access of aircraft operators to them. Where the ultimate responsibility for providing the fuel infrastructure at Union airport is assumed, pursuant contractual arrangements, by an entity other than the Union airport, or where applicable, the managing body of an airport, that entity should be responsible under the contractual arrangement for complying with the obligation under Article 6 of this Regulation . If necessary, the Agency should be able to require a Union airport to provide information on the infrastructure available allowing for seamless distribution and refuelling of aircraft operators with sustainable aviation fuels. The role of the Agency should allow airports and airlines to have a common focal point, in the event where technical clarification is necessary on the availability of fuel infrastructure. When electric or hydrogen-powered aircrafts become mature and commercially available, it will be necessary for airports covered by this Regulation to take all necessary measures to facilitate an appropriate infrastructure for hydrogen and electric recharging for aircrafts, in accordance with the respective deployment plan of the national policy framework, as set out in the proposed Regulation on the deployment of alternative fuels infrastructure. Furthermore, the provision of electricity supply to stationary aircraft should be ensured, inline with Article 12 of Regulation XXX [AFIR Regulation].

Amendment 28

Proposal for a regulation

Recital 22 a (new)

Text proposed by the Commission

Amendment

(22a)

Many Union airports are supplied with aviation fuel principally via pipelines from refineries or blending stations where SAF blending to meet safety and sustainability specifications needs to take place. Member States should take all necessary measures to allow the continued and uninterrupted access of aviation fuel suppliers to civil transport aviation fuels infrastructure to supply both conventional aviation fuels and aviation fuels containing shares of sustainable aviation fuels. Delivering SAF to Union airports in sufficient quantities to meet the provisions set out in Annex I by alternate means such as by road/ truck from refineries and blending stations is logistically, practically and from a cost and CO2 penalty perspective infeasible. It will be essential to use these pipelines in addition to pipelines owned by fuel suppliers — where they exist — as well as rail facilities already in place, in order to deliver the minimum SAF required under this Regulation.

Amendment 29

Proposal for a regulation

Recital 24

Text proposed by the Commission

Amendment

(24)

Aircraft operators should also be required to report yearly on their actual aviation fuel uplift per Union airport, so as to prove that no fuel tankering was performed. Reports should be verified by independent verifiers and transmitted to the Agency for monitoring and assessment of compliance. Verifiers should determine the accuracy of the yearly aviation fuel required reported by the operators using a tool approved by the Commission.

(24)

Aircraft operators should also be required to report yearly on their actual aviation fuel uplift per Union airport, so as to prove that no fuel tankering for economic reasons was performed. Reports should be verified by independent verifiers and transmitted to the Agency for monitoring and assessment of compliance. Verifiers should determine the accuracy of the yearly aviation fuel required reported by the operators using a tool approved by the Commission.

Amendment 30

Proposal for a regulation

Recital 26 a (new)

Text proposed by the Commission

Amendment

(26a)

The introduction in the Union of a mandate on the uptake of sustainable aviation fuels could lead to an undue competitive disadvantage for EU airlines operating direct long-haul flights from a Union airport in comparison with their competitors connecting via an airport hub outside the Union. In order to further promote the uptake of sustainable aviation fuels in the Union, for which prices are predicted to have a substantial price difference compared to conventional fuel in the foreseeable future, airlines should be able to claim free allowances for the uplifting of sustainable aviation fuels under the ETS scheme.

Amendment 31

Proposal for a regulation

Recital 27

Text proposed by the Commission

Amendment

(27)

It is essential that aircraft operators can claim the use of sustainable aviation fuels under greenhouse gas schemes such as the EU Emissions Trading System or CORSIA, depending on the route of their flights. However, it is essential that this regulation should not lead to a double counting of emissions reductions. Aircraft operators should only be allowed to claim benefits for the use of an identical batch of sustainable aviation fuels once. Fuel suppliers should be requested to provide free of charge to aircraft operators any information pertaining to the properties of the sustainable aviation fuel sold to that aircraft operator and that is relevant for reporting purposes by the aircraft operator under this Regulation or greenhouse gas schemes.

(27)

In order to promote the uptake of sustainable aviation fuels, that have a substantial price difference compared with conventional fuels, it is essential that aircraft operators can claim the use of sustainable aviation fuels under greenhouse gas schemes such as the EU Emissions Trading System or CORSIA, depending on the route of their flights. However, it is essential that this regulation should not lead to a double counting of emissions reductions. Aircraft operators should only be allowed to claim benefits for the use of an identical batch of sustainable aviation fuels once. Fuel suppliers should be requested to provide free of charge to aircraft operators any information pertaining to the properties of the sustainable aviation fuel sold to that aircraft operator and that is relevant for reporting purposes by the aircraft operator under this Regulation or greenhouse gas schemes.

Amendment 32

Proposal for a regulation

Recital 28

Text proposed by the Commission

Amendment

(28)

In order to ensure a level playing field of the aviation internal market and the adherence to the climate ambitions of the Union, this Regulation should introduce effective, proportionate and dissuasive penalties on aviation fuel suppliers and aircraft operators in case of non-compliance. The level of the penalties needs to be proportionate to the environmental damage and to the prejudice to the level-playing field of the internal market inflicted by the non-compliance. When imposing administrative fines, the authorities should take into account the evolution of the price of aviation fuel and sustainable aviation fuel in the reporting year;

(28)

In order to ensure a level playing field of the aviation internal market and the adherence to the climate ambitions of the Union, this Regulation should introduce effective, proportionate and dissuasive penalties on aviation fuel suppliers and aircraft operators in case of non-compliance. The level of the penalties needs to be proportionate to the environmental damage and to the prejudice to the level-playing field of the internal market inflicted by the non-compliance. When imposing administrative fines and other penalties , the authorities should take into account the evolution of the price of aviation fuel and sustainable aviation fuel in the reporting year and may also take into account the degree of non-compliance, for example in the case of repeated infringements.

Amendment 33

Proposal for a regulation

Recital 29

Text proposed by the Commission

Amendment

(29)	The penalties for the suppliers who fail to meet the targets set in this Regulation should be complemented by the obligation to supply the market with the shortfall of meeting the quota in the subsequent year;

(29)

The penalties for the suppliers who fail to meet the targets set in this Regulation should be complemented by the obligation to supply the market with the shortfall of meeting the quota in the subsequent year . Nevertheless, in order to avoid an undue dual penalty in cases that are outside the direct control of the fuel supplier, the obligation to supply the market with the shortfall should not apply when the Commission assesses that this shortfall is caused by insufficient resources being available.

Amendment 34

Proposal for a regulation

Recital 29 a (new)

Text proposed by the Commission

Amendment

(29a)

The successful transition to sustainable aviation requires an integrated approach and the appropriate enabling environment to stimulate innovation, involving both public and private investment in research and development and support for the redeployment, re-skilling and up-skilling of workers, as well as technological and operational measures, and the deployment of sustainable aviation fuels and of zero-emission technologies, including the necessary refuelling and recharging infrastructure in airports, taking into account the energy efficiency first principle. For this purpose, the revenues generated by the penalties under this Regulation should be allocated to a new Sustainable Aviation Fund. Furthermore, the setting up, on a voluntary basis and under the coordination of the Commission, of a European SAF Alliance, within one year after the entry into force of this Regulation, could help foster the further development and scaling-up of SAF production in Europe, inter alia by bringing together the entire industrial value chain, encouraging the roll-out of the most innovate technologies and identifying policies and market developments, taking into consideration the principle of technology neutrality.

Amendment 35

Proposal for a regulation

Recital 29 b (new)

Text proposed by the Commission

Amendment

(29b)

Research and innovation will play a substantial role in the development of sustainable and synthetic aviation fuels and the production capacity building. A respective investment priority should be clearly set within the relevant Union funding programmes identified by the Commission.

Amendment 36

Proposal for a regulation

Recital 29 c (new)

Text proposed by the Commission

Amendment

(29c)

The development and production of sustainable aviation fuels has to be exponentially increased in the coming years. The Union and the Member States should invest in the research and production of sustainable aviation fuel projects as they present both an environmental and an industrial opportunity. The production of sustainable air fuels should be concentrated inside the Union, creating industrial, labour and research opportunities in all the Member States.

Amendment 37

Proposal for a regulation

Recital 30

Text proposed by the Commission

Amendment

(30)

This Regulation should include provisions for periodic reports to the European Parliament and the Council on the evolution of the aviation and fuels markets, the effectiveness of key features of the Regulation such as the minimum shares of sustainable aviation fuels, the level of administrative fines or policy developments on sustainable aviation fuels uptake at international level. Such elements are key to provide a clear state of play of the sustainable aviation fuels market and should be taken into account when considering a revision of the Regulation.

(30)

This Regulation should include provisions for periodic reports to the European Parliament and the Council on the evolution of the aviation and fuels markets, the effectiveness of key features of the Regulation such as the minimum shares of sustainable aviation fuels, the level of administrative fines or policy developments on sustainable aviation fuels uptake at international level , taking due account of the ‘one in, one out’ principle and the aim of regulatory simplification . Such elements are key to provide a clear state of play of the sustainable aviation fuels market and should be taken into account when considering a revision of the Regulation.

Amendment 38

Proposal for a regulation

Recital 31

Text proposed by the Commission

Amendment

(31)

A transitional period of 5 years should be provided to allow for a reasonable amount of time for aviation fuel suppliers, Union airports and aircraft operators to make the necessary technological and logistical investments. During this phase, aviation fuel containing higher shares of sustainable aviation fuel may be used to compensate for lower shares of sustainable aviation fuels or for the reduced availability of conventional aviation fuel at other airports.

(31)

A flexibility mechanism should be set up with a transitional period of 10 years from the date of application of this Regulation to fuel suppliers and aircraft operators to allow them a reasonable amount of time to make the necessary technological and logistical investments. During this phase, elements of a book & claim system may be used, allowing aviation fuel suppliers to use fuel containing higher shares of sustainable aviation fuel compensate for lower shares of sustainable aviation fuels or for the reduced availability of conventional aviation fuel at minor or logistically constrained airports , and for aircraft operators to buy a certificate linked to the amount of SAF acquired, while guaranteeing a high level of environmental integrity . That flexibility mechanism would also help to safeguard air-connectivity by preventing less connected European regions with fewer alternative transport from being disproportionally affected. In order to prevent market players from abusing any possible dominant market position, during this transitional period the Commission should make full use of its competition powers under Article 102 TFEU. After that transitional period of 10 years, in order to prevent undue distortions of competition in the internal market, all Union airports covered by this Regulation should be supplied with uniform minimum shares of sustainable aviation fuels.

Amendment 39

Proposal for a regulation

Recital 31 a (new)

Text proposed by the Commission

Amendment

(31a)

In order to achieve the Union's climate targets for 2030 and 2050 and the target of 1,5 oC of the Paris Agreement, the Commission should develop a roadmap on how and when fossil free aviation is achieved.

Amendment 40

Proposal for a regulation

Recital 31 b (new)

Text proposed by the Commission

Amendment

(31b)

The transition to sustainable aviation fuels will also have the secondary effect of reducing dependence on fossil fuel imports from third countries, thus increasing the Union’s energy security. The need for this move is only accentuated by the current international political situation.

Amendment 41

Proposal for a regulation

Article 1 — title

Text proposed by the Commission	Amendment
Subject matter	Subject matter and objective

Amendment 42

Proposal for a regulation

Article 2 — paragraph 1

Text proposed by the Commission	Amendment
This Regulation shall apply to aircraft operators, Union airports, and to aviation fuel suppliers.	This Regulation shall apply to aircraft operators, Union airports, or where applicable, the managing body of an airport, and to aviation fuel suppliers.

Amendment 43

Proposal for a regulation

Article 3 — paragraph 1 — indent 1

Text proposed by the Commission

Amendment

—

‘Union airport’ means an airport as defined in Article 2(2) of Directive 2009/12/EC of the European Parliament and of the Council (13) , where passenger traffic was higher than 1 million passengers or where the freight traffic was higher than 100 000 tons in the reporting period, and is not situated in an outermost region, as listed in Article 349 of the Treaty on the Functioning of the European Union;

—

‘Union airport’ means an airport as defined in Article 2(1) of Directive 2009/12/EC of the European Parliament and of the Council (13) which is not situated in an outermost region, as listed in Article 349 of the Treaty on the Functioning of the European Union or an airport situated in an outermost region which has been notified as a Union airport to the Commission, the Agency and the competent authorities.

Amendment 44

Proposal for a regulation

Article 3 — paragraph 1 — indent 2

Text proposed by the Commission

Amendment

—	‘aircraft operator’ means a person that operated at least 729 commercial air transport flights departing from Union airports in the reporting period or, where that person may not be identified, the owner of the aircraft;

—

‘aircraft operator’ means a person that operated at least 52 commercial air transport flights departing from Union airports in the reporting period or, where that person may not be identified, the owner of the aircraft , or a person that operated air transport flights departing from a Union airport, which has requested the Commission to be treated as an aircraft operator for the purpose of this Regulation and has informed accordingly the Commission, the Agency and the competent authorities ;

Amendment 45

Proposal for a regulation

Article 3 — paragraph 1 — indent 2 a (new)

Text proposed by the Commission

Amendment

—	'managing body of the airport`-means a managing body within the meaning of Article 3 of Directive 96/67/EC, or another body to which the Member State concerned has reserved the management of the centralised infrastructures for fuel distribution systems pursuant to Article 8 of Directive 96/67/EC;

Amendment 46

Proposal for a regulation

Article 3 — paragraph 1 — indent 5

Text proposed by the Commission

Amendment

—

‘sustainable aviation fuels’ (‘SAF’) means drop-in aviation fuels that are either synthetic aviation fuels, advanced biofuels as defined in Article 2, second paragraph, point 34 of Directive (EU) 2018/2001, or biofuels produced from the feedstock listed in Part B of Annex IX to that Directive, which comply with the sustainability and greenhouse gas emissions criteria laid down in Article 29(2) to (7) of that Directive and are certified in accordance with Article 30 of this Directive;

—

‘sustainable aviation fuels’ (‘SAF’) means aviation fuels that are either: synthetic aviation fuels , liquid and gaseous fuels that are produced from waste processing gas and exhaust gas of non-renewable origin which are produced as an unavoidable and unintentional consequence of the production process in industrial installations, as referred to in Article 2, second paragraph, point 35 of Directive (EU) 2018/2001, which comply with the greenhouse gas emissions savings threshold referred to in Article 25(2), second subparagraph of that Directive , advanced biofuels as defined in Article 2, second paragraph, point 34 of Directive (EU) 2018/2001, or biofuels produced from the feedstock listed in Part B of Annex IX to that Directive, which comply with the sustainability and greenhouse gas emissions criteria laid down in Article 29(2) to (7) of that Directive and are certified in accordance with Article 30 of this Directive . Until 31 December 2034 sustainable aviation fuels may also include biofuels which comply with the sustainability and greenhouse gas emissions criteria laid down in Article 29 of Directive (EU) 2018/2001 and are certified in accordance with Article 30 of that Directive, with the exception of biofuels produced from ‘food and feed crops’ as defined in Article 2, second paragraph, point 40 of that Directive ;

Amendment 47

Proposal for a regulation

Article 3 — paragraph 1 — indent 8

Text proposed by the Commission

Amendment

—	‘synthetic aviation fuels’ means fuels that are renewable fuels of non-biological origin, as defined in Article 2, second paragraph, point 36 of Directive (EU) 2018/2001, used in aviation;

—	‘synthetic aviation fuels’ means renewable hydrogen or renewable electricity or fuels that are renewable fuels of non-biological origin, as defined in Article 2, second paragraph, point 36 of Directive (EU) 2018/2001, used in aviation.

Amendment 48

Proposal for a regulation

Article 3 — paragraph 1 — indent 9 a (new)

Text proposed by the Commission

Amendment

—	‘electricity from renewable energy sources’ or ‘renewable electricity’ means electricity produced from renewable energy sources as defined in Article2, second paragraph, point 1 of Directive (EU) 2018/2001;

Amendment 49

Proposal for a regulation

Article 3 — paragraph 1 — indent 9 b (new)

Text proposed by the Commission

Amendment

—	‘hydrogen from renewable energy sources’ or ‘renewable hydrogen’ means hydrogen produced from renewable electricity or from fuels that are renewable liquid or gaseous fuels of non-biological origin, as defined in Article 2, second paragraph, point 36 of Directive (EU) 2018/2001;

Amendment 50

Proposal for a regulation

Article 3 — paragraph 1 — indent 13

Text proposed by the Commission

Amendment

—	‘yearly aviation fuel required’ means the amount of aviation fuel necessary to operate the totality of commercial air transport flights operated by an aircraft operator, departing from a given Union airport, over the course of a reporting period;

—

‘yearly aviation fuel required’ means the amount of aviation fuel defined as ‘trip fuel’ and ‘taxi fuel’ under Commission Implementing Regulation (EU) 2021/1296 necessary to operate the totality of commercial air transport flights operated by an aircraft operator, departing from a given Union airport, over the course of a reporting period;

Amendment 51

Proposal for a regulation

Article 3 — paragraph 1 — indent 16 a (new)

Text proposed by the Commission

Amendment

—

‘SAF flexibility mechanism’ means a system to be established for a period of 10 years from the date of application of Article 4 and Article 5 in accordance with Article 15 by which the supply and uptake of sustainable aviation fuels is driven by market freedom with flexibility for aircraft operators and aviation fuel suppliers to arrange the distribution and use of sustainable aviation fuels in a cost-effective way at the Union airports of their choice and in proportion with their needs. Such system, incorporating elements of a book & claim scheme, may enable aircraft operators to purchase sustainable aviation fuels through contractual arrangements with aviation fuel suppliers and to claim its use at Union airports, where applicable, under a greenhouse gas scheme in accordance with Article […] of Directive (EU) 2021/0207.

Amendment 52

Proposal for a regulation

Article 4 — paragraph 1

Text proposed by the Commission	Amendment
Aviation fuel suppliers shall ensure that all aviation fuel made available to aircraft operators at each Union airport contains a minimum share of sustainable aviation fuel, including a minimum share of synthetic aviation fuel in accordance with the values and dates of application set out in Annex I.	Without prejudice to Article 13, aviation fuel suppliers shall ensure that all aviation fuel made available to aircraft operators at each Union airport contains a minimum share of sustainable aviation fuel, including a minimum share of synthetic aviation fuel in accordance with the values and dates of application set out in Annex I.

Amendment 134

Proposal for a regulation

Article 4 — paragraph 1 a (new)

Text proposed by the Commission	Amendment
	The following sustainable aviation fuels shall be excluded from the calculation of the minimum shares of sustainable aviation fuels set out in Annex I:
	Sustainable aviation fuels made from food and feed crops, intermediate crops, palm fatty acid distillate and all palm and soy-derived materials, and soap stock and its derivatives.

Amendment 53

Proposal for a regulation

Article 4 — paragraph 2

Text proposed by the Commission

Amendment

Without prejudice to the application of Article 11(3) and (4), where an aviation fuel supplier fails to supply the minimum shares set out in Annex I for a given reporting period, it shall report the shortfall, and the reasons for it, to the European Union Aviation Safety Agency. Where the Commission assesses that this shortfall is not caused by lack of resource availability, the fuel supplier shall make every possible effort to at least complement that shortfall in the subsequent reporting period.

Amendment 54

Proposal for a regulation

Article 4 — paragraph 2 a (new)

Text proposed by the Commission	Amendment
	Fuel suppliers may demonstrate compliance with the obligation contained in paragraph 1 by using the mass balance system referred to in Article 30 of Directive (EU) 2018/2001.

Amendment 55

Proposal for a regulation

Article 5 — paragraph 1

Text proposed by the Commission	Amendment
The yearly quantity of aviation fuel uplifted by a given aircraft operator at a given Union airport shall be at least 90 % of the yearly aviation fuel required.	The yearly quantity of aviation fuel uplifted by a given aircraft operator at a given Union airport shall be at least 90 % of the yearly aviation fuel required , taking into account the necessary compliance with fuel safety rules .

Amendment 56

Proposal for a regulation

Article 6 — title

Text proposed by the Commission	Amendment
Obligations of Union airports to provide the infrastructure	Obligations to provide infrastructure at Union airports

Amendment 57

Proposal for a regulation

Article 6 — paragraph 1

Text proposed by the Commission

Amendment

Union airports shall take necessary measures to facilitate the access of aircraft operators to aviation fuels containing shares of sustainable aviation fuels in accordance with Annex I and, shall provide the infrastructure necessary for the delivery, storage and uplifting of such fuels.

Union airports , or where applicable, the managing body of an airport shall take all necessary measures to facilitate the access of aircraft operators to aviation fuels containing shares of sustainable aviation fuels in accordance with Annex I and, shall provide the infrastructure necessary for the delivery, storage and uplifting of such fuels , including an appropriate infrastructure for hydrogen refuelling and electric recharging for aircrafts, commensurate with the uptake of those aircraft, in accordance with the respective deployment plan of the national policy framework, as set out in Article 13(l) of Regulation […]on the deployment of alternative fuels infrastructure [AFIR] .

Amendment 58

Proposal for a regulation

Article 6 — paragraph 2

Text proposed by the Commission

Amendment

Where aircraft operators report difficulties to the European Union Aviation Safety Agency (‘the Agency’) in accessing aviation fuels containing sustainable aviation fuels at a given Union airport for lack of adequate airport infrastructure, the Agency may request the Union airport to provide the information necessary to prove compliance with paragraph 1. The Union airport concerned shall provide the information without undue delay.

Where aircraft operators report difficulties to the European Union Aviation Safety Agency (‘the Agency’) in accessing aviation fuels containing sustainable aviation fuels at a given Union airport for lack of adequate airport infrastructure, the Agency shall, where appropriate, request the Union airport , or where applicable, the managing body of the airport, to provide the information necessary to prove compliance with paragraph 1. The Union airport or where applicable, the managing body of the airport, concerned shall provide the information without undue delay.

Amendment 59

Proposal for a regulation

Article 6 — paragraph 3

Text proposed by the Commission

Amendment

The Agency shall assess the information received and inform the Commission if such information allows to conclude that the Union airport does not fulfil its obligations. Union airports shall take the necessary measures to identify and address the lack of adequate airport infrastructure in 5 years after the entry into force of the Regulation or after the year when they exceed one of the thresholds in Article 3(a) .

The Agency shall assess the information received and inform the Commission if such information allows to conclude that the Union airport , or where applicable, the managing body of the airport, does not fulfil its obligations. Union airports , or where applicable, the managing body of the airport, shall take all necessary measures to identify and address the lack of adequate airport infrastructure by 3 years after the entry into force of the Regulation.

Amendment 60

Proposal for a regulation

Article 7 — paragraph 1 — introductory part

Text proposed by the Commission	Amendment
By 31 March of each reporting year, aircraft operators shall report the following information to the Agency:	By 31 March of each reporting year, aircraft operators shall report the following information relative to the reporting period to the Agency:

Amendment 61

Proposal for a regulation

Article 7 — paragraph 1 — point a

Text proposed by the Commission

Amendment

(a)	The total amount of aviation fuel uplifted at each Union airport, expressed in tonnes;

(a)	The total amount of aviation fuel uplifted at each Union airport, expressed in tonnes of kerosene equivalent;

Amendment 62

Proposal for a regulation

Article 7 — paragraph 1 — point b

Text proposed by the Commission

Amendment

(b)	The yearly aviation fuel required, per Union airport, expressed in tonnes;

(b)	The yearly aviation fuel required, per Union airport, expressed in tonnes of kerosene equivalent ;

Amendment 63

Proposal for a regulation

Article 7 — paragraph 1 — point d

Text proposed by the Commission

Amendment

(d)	The total amount of sustainable aviation fuel purchased from aviation fuel suppliers, for the purpose of operating their flights departing from Union airports, expressed in tonnes.

(d)	The total amount of sustainable aviation fuel purchased from aviation fuel suppliers, for the purpose of operating their flights departing from Union airports, expressed in tonnes of kerosene equivalent .

Amendment 64

Proposal for a regulation

Article 7 — paragraph 1 — point e

Text proposed by the Commission

Amendment

(e)

For each purchase of sustainable aviation fuel, the name of the aviation fuel supplier, the amount purchased expressed in tonnes, the conversion technology, the characteristics and origin of the feedstock used for production, and the lifecycle emissions of the sustainable aviation fuel. Where one purchase includes sustainable aviation fuels with differing characteristics, the report shall provide this information for each type of sustainable aviation fuel.

(e)

For each purchase of sustainable aviation fuel, the name of the aviation fuel supplier, the total amount purchased expressed in tonnes of kerosene equivalent , the conversion technology, the characteristics and origin of the feedstock used for production, and the lifecycle emissions of the sustainable aviation fuel. Where one purchase includes sustainable aviation fuels with differing characteristics, the report shall provide this information for each type of sustainable aviation fuel.

Amendment 65

Proposal for a regulation

Article 8 — paragraph 1 — introductory part

Text proposed by the Commission

Amendment

Aircraft operators shall not claim benefits for the use of an identical batch of sustainable aviation fuels under more than one greenhouse gas scheme. Together with the report referred to in Article 7, aircraft operators shall provide the Agency with:

Aircraft operators shall be entitled to claim the allocation of free allowances under the ETS scheme for the uplifting of sustainable aviation fuels in accordance with [Article 3c(5a))] of Directive 2003/87/EC. Aircraft operators shall not claim benefits for the use of an identical batch of sustainable aviation fuels under more than one greenhouse gas scheme. Together with the report referred to in Article 7, aircraft operators shall provide the Agency with:

Amendment 66

Proposal for a regulation

Article 8 — paragraph 2

Text proposed by the Commission	Amendment
For the purpose of reporting sustainable aviation fuels use under the provisions of Article 7 of this Regulation, or under a greenhouse gas scheme, aviation fuel suppliers shall provide aircraft operators with the relevant information free of charge.	For the purpose of reporting sustainable aviation fuels use under the provisions of Article 7 of this Regulation, or under a greenhouse gas scheme, aviation fuel suppliers shall provide aircraft operators with the relevant information relative to the reporting period free of charge not later than 31 January of each reporting year .

Amendment 67

Proposal for a regulation

Article 9 — paragraph 1 — introductory part

Text proposed by the Commission	Amendment
By 31 March of each reporting year, aviation fuel suppliers shall report in the Union Database referred to in Article 28 of Directive (EU) 2018/2001, the following information relative to the reporting period:	By 31 January of each reporting year, aviation fuel suppliers shall report in the Union Database referred to in Article 28 of Directive (EU) 2018/2001, the following information relative to the reporting period:

Amendment 68

Proposal for a regulation

Article 9 — paragraph 1 — point a

Text proposed by the Commission

Amendment

(a)	The volume of aviation fuel supplied at each Union airport;

(a)	The amount of aviation fuel supplied at each Union airport , expressed in tonnes of kerosene equivalent ;

Amendment 69

Proposal for a regulation

Article 9 — paragraph 1 — point b

Text proposed by the Commission

Amendment

(b)	The volume of sustainable aviation fuel supplied at each Union airport, and for each type of sustainable aviation fuel, as detailed in point c);

(b)	The amount of sustainable aviation fuel supplied at each Union airport , expressed in tonnes of kerosene equivalent , and for each type of sustainable aviation fuel, as detailed in point c);

Amendment 70

Proposal for a regulation

Article 9 — paragraph 1 — point c

Text proposed by the Commission

Amendment

(c)	The lifecycle emissions, origin of feedstock and conversion process of each sustainable aviation fuel type supplied at Union airports.

(c)	The lifecycle emissions, characteristics and origin of feedstock and conversion process of each sustainable aviation fuel type supplied at Union airports.

Amendment 71

Proposal for a regulation

Article 9 — paragraph 1 — point c a (new)

Text proposed by the Commission

Amendment

(ca)	where applicable, the amount of hydrogen and/or electricity, supplied at each Union airport, expressed in tonnes of kerosene equivalent.

Amendment 72

Proposal for a regulation

Article 9 — paragraph 1 — point c b (new)

Text proposed by the Commission

Amendment

(cb)	The average aromatic, naphthalene and sulphur content of aviation fuel per each batch supplied at each Union airport.

Amendment 73

Proposal for a regulation

Article 10 — paragraph 1

Text proposed by the Commission	Amendment
(1) Member States shall designate the competent authority or authorities responsible for enforcing the application of this Regulation and for imposing the fines for aircraft operators, Union airports and fuel suppliers. Member States shall inform the Commission thereof.	(1) Member States shall designate the competent authority or , where applicable and in accordance with national law, authorities responsible for enforcing the application of this Regulation and for imposing the fines on aircraft operators, on Union airports , or where applicable, on the managing bodies of airports, and on fuel suppliers. Member States shall inform the Commission thereof.

Amendment 74

Proposal for a regulation

Article 10 — paragraph 2

Text proposed by the Commission	Amendment
(2) The Agency shall send the data received pursuant to Articles 7 and 9 to the competent authorities of the Member States. The Agency shall also send to the competent authorities data aggregated for the aircraft operators and aviation fuels suppliers for which the authorities are competent pursuant to paragraphs 3, 4 and 5.	(2) The Agency shall send the data received pursuant to Articles 7 and 9 to the competent authorities of the Member States. The Agency shall also send to the competent authority or authorities data aggregated for the aircraft operators and aviation fuels suppliers for which the authorities are competent pursuant to paragraphs 3, 4 and 5.

Amendment 75

Proposal for a regulation

Article 10 — paragraph 3

Text proposed by the Commission	Amendment
(3) The competent authorities in respect of an aircraft operator shall be determined pursuant to Commission Regulation (EC) No 748/2009 (16) .	(3) The competent authority or authorities in respect of an aircraft operator shall be determined pursuant to Commission Regulation (EC) No 748/2009 (16).

Amendment 76

Proposal for a regulation

Article 10 — paragraph 4

Text proposed by the Commission	Amendment
(4) The competent authorities in respect of Union airports shall be determined on the basis of the respective territorial jurisdiction.	(4) The competent authority or authorities in respect of Union airports shall be determined on the basis of the respective territorial jurisdiction.

Amendment 77

Proposal for a regulation

Article 10 — paragraph 5

Text proposed by the Commission	Amendment
(5) The competent authorities in respect of aviation fuel suppliers shall be determined pursuant to their Member State of establishment.	(5) The competent authority or authorities in respect of aviation fuel suppliers shall be determined pursuant to their Member State of establishment.

Amendment 78

Proposal for a regulation

Article 11 — paragraph 1

Text proposed by the Commission

Amendment

(1) Member States shall lay down the rules on penalties applicable to infringements of the provisions adopted pursuant to this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. Member States shall notify these provisions to the Commission by 31 December 2023 at the latest and shall notify it without delay of any subsequent amendment affecting them.

(1) The Commission shall lay down the rules on penalties applicable to infringements of the provisions adopted pursuant to this Regulation and Member States shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. The Commission shall deliver these provisions to Member States by 31 December 2023 at the latest and shall notify it without delay of any subsequent amendment affecting them.

Amendment 79

Proposal for a regulation

Article 11 — paragraph 2

Text proposed by the Commission

Amendment

(2) Member States shall ensure that any aircraft operator failing to comply with the obligations laid down in Article 5 is liable to an administrative fine. That fine shall be at least twice as high as the multiplication of the yearly average price of aviation fuel per tonne and of the total yearly non-tanked quantity;

(2) Member States shall ensure that any aircraft operator failing to comply with the obligations laid down in Article 5 is liable to an administrative fine. That fine shall be twice as high as the multiplication of the yearly average price of aviation fuel per tonne and of the total yearly non-tanked quantity . An aircraft operator may be exempted from an administrative fine if it can prove that its failure to comply with the obligations laid down in Article 5 is caused by exceptional and unforeseeable circumstances, outside of its control, the effects of which could not have been avoided even if all reasonable measures had been taken ;

Amendment 80

Proposal for a regulation

Article 11 — paragraph 2 a (new)

Text proposed by the Commission	Amendment
	(2a) Member States shall ensure that any Union airport, or where applicable, the managing body of an airport, failing to comply with the obligations laid down in Article 6 is liable to an administrative fine.

Amendment 81

Proposal for a regulation

Article 11 — paragraph 3

Text proposed by the Commission

Amendment

(3) Member States shall ensure that any aviation fuel supplier failing to comply with the obligations laid down in Article 4 relative to the minimum share of sustainable aviation fuels is liable to an administrative fine. That fine shall be at least twice as high as the multiplication of the difference between the yearly average price of conventional aviation fuel and sustainable aviation fuel per tonne and of the quantity of aviation fuels not complying with the minimum share referred to in Article 4 and Annex I;

(3) Member States shall ensure that any aviation fuel supplier failing to comply with the obligations laid down in Article 4 relative to the minimum share of sustainable aviation fuels or any fuel supplier that has been proven to have provided misleading or inaccurate information regarding the characteristics or origin of the fuel it supplied, is liable to an administrative fine. That fine shall be twice as high as the multiplication of the difference between the yearly average price of conventional aviation fuel and sustainable aviation fuel per tonne and of the quantity of aviation fuels not complying with the minimum share referred to in Article 4 and Annex I;

Amendment 82

Proposal for a regulation

Article 11 — paragraph 4

Text proposed by the Commission

Amendment

(4) Member States shall ensure that any aviation fuel supplier failing to comply with the obligations laid down in Article 4 relative to the minimum share of synthetic aviation fuels is liable to an administrative fine. That fine shall be at least twice as high as the multiplication of the difference between the yearly average price of synthetic aviation fuel and conventional aviation fuel per tonne and of the quantity of the aviation fuel not complying with the minimum share referred to in Article 4 and Annex I;

(4) Member States shall ensure that any aviation fuel supplier failing to comply with the obligations laid down in Article 4 relative to the minimum share of synthetic aviation fuels is liable to an administrative fine. That fine shall be twice as high as the multiplication of the difference between the yearly average price of synthetic aviation fuel and conventional aviation fuel per tonne and of the quantity of the aviation fuel not complying with the minimum share referred to in Article 4 and Annex I;

Amendment 83

Proposal for a regulation

Article 11 — paragraph 5 a (new)

Text proposed by the Commission	Amendment
	(5a) Member States shall have the necessary legal and administrative framework in place at national level to ensure that information entered by fuel suppliers in the Union Database referred to in Article 28 of Directive (EU) 2018/2001 is accurate, verified and audited.

Amendment 84

Proposal for a regulation

Article 11 — paragraph 6

Text proposed by the Commission

Amendment

(6) Member States shall ensure that any aviation fuel supplier which has accumulated a shortfall from the obligation laid down in Article 4 relative to the minimum share of sustainable aviation fuels or of synthetic fuels in a given reporting period, shall supply the market in the subsequent reporting period with a quantity of that respective fuel equal to that shortfall, additional to their reporting period obligation. Fulfilling this obligation shall not exonerate the fuel supplier from the obligation to pay the penalties laid out in paragraphs 3 and 4 of this Article;

(6) Member States shall ensure that any aviation fuel supplier which has accumulated a shortfall from the obligation laid down in Article 4 relative to the minimum share of sustainable aviation fuels or of synthetic fuels in a given reporting period, where the Commission assesses that this shortfall is not caused by insufficient resources being available, shall make every possible effort to supply the market in the subsequent reporting period with a quantity of that respective fuel equal to that shortfall, additional to their reporting period obligation. Fulfilling this obligation shall not exonerate the fuel supplier from the obligation to pay the penalties laid out in paragraphs 3 and 4 of this Article;

Amendment 85

Proposal for a regulation

Article 11 — paragraph 7

Text proposed by the Commission	Amendment
(7) Member States shall have the necessary legal and administrative framework in place at national level to ensure the fulfilment of the obligations and the collection of the administrative fines. Member States shall transfer the amount collected through those administrative fines as contribution to the InvestEU Green Transition Investment Facility, as a top-up to the EU guarantee .	(7) Member States shall have the necessary legal and administrative framework in place at national level to ensure the fulfilment of the obligations and the collection of the administrative fines. Member States shall transfer the amount collected through those administrative fines as contribution to the Sustainable Aviation Fund, established under Article 11a .

Amendment 86

Proposal for a regulation

Article 11 a (new)

Text proposed by the Commission	Amendment
	Article 11a
	Sustainable Aviation Fund
	1. A Sustainable Aviation Fund (‘the Fund’) shall be established for the period from 2023 to 2050 to accelerate the decarbonisation of the aviation sector without hampering its highly integrated internal market, and in particular to support investment in innovative technologies and infrastructure for the production, uptake, deployment and storage of sustainable aviation fuels, other innovative aircraft propulsion technologies, including hydrogen and electricity, research for new engines and direct air capture technology, a process by which CO2 is captured directly from the air and not from point sources, and efforts to reduce the non-CO2 effects of aviation. All investment supported by the Fund shall be made public and shall be consistent with the aims of this Regulation.
	2. The Fund shall constitute an integral part of the EU budget and shall be budgeted within the MFF ceilings. The revenues generated by the penalties under this Regulation should be allocated to the Fund.
	3. The Fund shall be managed centrally through a Union body whose governance structure and decision making process shall be transparent and inclusive, in particular in the setting of priority areas, criteria and grant allocation procedures. Relevant stakeholders shall have an appropriate consultative role. All information on the investments and all other relevant information on the functioning of the Fund shall be made available to the public.

Amendment 87

Proposal for a regulation

Article 12 — paragraph 1 — point a

Text proposed by the Commission

Amendment

(a)	The amount of sustainable aviation fuel purchased by aircraft operators at Union level in aggregate, for use on flights departing from a Union airport, and by Union airport;

(a)	The amount of sustainable aviation fuel purchased by aircraft operators at Union level in aggregate, for use on flights covered by this Regulation departing from a Union airport, and by Union airport;

Amendment 88

Proposal for a regulation

Article 12 — paragraph 1 — point b

Text proposed by the Commission

Amendment

(b)	The amount of sustainable aviation fuel and of synthetic aviation fuel supplied at Union level in aggregate and by Union airport;

(b)	The amount of sustainable aviation fuel and of synthetic aviation fuel supplied at Union level in aggregate , by Member State, per type of fuel feedstock, and by Union airport;

Amendment 89

Proposal for a regulation

Article 12 — paragraph 1 — point b a (new)

Text proposed by the Commission

Amendment

(ba)	Where available, the amount of sustainable aviation fuel supplied and purchased by aircraft operators in the neighbouring countries of the Union with which a European Air Services Agreement has been concluded;

Amendment 90

Proposal for a regulation

Article 12 — paragraph 1 — point c

Text proposed by the Commission

Amendment

(c)	The state of the market, including price information, and trends in sustainable aviation fuel production and use in the Union;

(c)	The state of the market, including price information, and trends in sustainable aviation fuel production and use in the Union and per Member State ;

Amendment 91

Proposal for a regulation

Article 12 — paragraph 1 — point d

Text proposed by the Commission

Amendment

(d)	The status of compliance of airports regarding obligations set out in Article 6;

(d)	The status of compliance of airports , or where applicable, the managing body of an airport, regarding obligations set out in Article 6;

Amendment 92

Proposal for a regulation

Article 12 — paragraph 1 — point e

Text proposed by the Commission

Amendment

(e)	The compliance status of each aircraft operator and aviation fuel supplier having an obligation under this Regulation in the reporting period;

(e)	The compliance status of each aircraft operator and aviation fuel supplier having an obligation under this Regulation in the reporting period , including those that have been notified as aircraft operator, pursuant to Article 3, paragraph 1, indent 2 ;

Amendment 93

Proposal for a regulation

Article 12 — paragraph 1 — point f

Text proposed by the Commission

Amendment

(f)	The origin and the characteristics of all sustainable aviation fuels purchased by aircraft operators for use on flights departing from Union airports.

(f)	The origin and the characteristics of all sustainable aviation fuels purchased by aircraft operators for use on flights covered under this Regulation departing from Union airports.

Amendment 94

Proposal for a regulation

Article 12 — paragraph 1 — point f a (new)

Text proposed by the Commission

Amendment

(fa)	The average aromatic, naphthalene and sulphur content of aviation fuel supplied at Union level in aggregate and by Union airport.

Amendment 95

Proposal for a regulation

Article 12 a (new)

Text proposed by the Commission	Amendment
	Article 12a
	Union labelling system for the environmental performance of aviation
	1. In order to further promote the decarbonisation of the aviation sector and increase the transparency of information to consumers regarding the environmental performance by aircraft operators, the Commission shall set up a comprehensive Union labelling system for the environmental performance of aviation, to be developed and implemented by EASA, which shall apply to aircraft operators and commercial air transport flights subject to this Regulation.
	2. By 1 January 2024, the Commission shall adopt a delegated act in accordance with Article 13a (new) to supplement this Regulation by setting out the detailed provisions and technical standards for the functioning of the Union labelling system for the environmental performance of aircrafts, aircraft operators and commercial flights.

Amendment 96

Proposal for a regulation

Article 13 — title

Text proposed by the Commission	Amendment
Transitional period	SAF flexibility mechanism

Amendment 97

Proposal for a regulation

Article 13 — paragraph 1

Text proposed by the Commission	Amendment
By way of derogation from Article 4, from 1 January 2025 until 31 December 2029 , for each reporting period, an aviation fuel supplier may supply the minimum share of sustainable aviation fuel defined in Annex I as a weighted average over all the aviation fuel it supplied across Union airports for that reporting period .	By way of derogation from Article 4, and during the period of 10 years from the date of application for Article 4 and 5 in accordance with Article 15 , for each reporting period, an aviation fuel supplier may justify its supply of sustainable aviation fuels defined in Annex I by reference to a SAF flexibility mechanism, defined in Article 3, indent 16a (new) .

Amendment 98

Proposal for a regulation

Article 13 — paragraph 1 a (new)

Text proposed by the Commission

Amendment

By 1 January 2025, the Commission shall adopt delegated acts in accordance with Article 13a to supplement this Regulation by laying down detailed arrangements for the SAF flexibility mechanism, guaranteeing a level playing field and a high level of environmental integrity, as well as minimising the risk of fraud, irregularities and double claiming. Such detailed arrangements, incorporating elements of a book & claim scheme, may enable the setting up of a system of tradability of sustainable aviation fuel, including detailed rules regarding the registration, allocation, accounting and reporting of the supply and uptake of sustainable aviation fuels.

Amendment 99

Proposal for a regulation

Article 13 — paragraph 1 b (new)

Text proposed by the Commission

Amendment

During the period set out in paragraph 1, the Commission shall regularly monitor the integrity and transparency of the market for sustainable aviation fuels, drawing, where appropriate, on information contained in the Union Database and other data reported to the competent authorities. The Commission shall in particular examine the functioning of the market, including with regard to any market volatility, unusual price evolution or trading behaviour of market participants that might indicate possible monopolistic behaviour, making full use of its powers under Article 102 TFEU to prevent actors on the market from abusing a dominant market position.

Amendment 100

Proposal for a regulation

Article 13 a (new)

Text proposed by the Commission	Amendment
	Article 13a
	Exercise of the delegation
	1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
	2. The power to adopt delegated acts referred to in Articles 12a and 13 shall be conferred on the Commission for an indeterminate period of time from [the entry into force of this Regulation].
	3. The delegation of power referred to in Articles 12a and 13 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
	4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016.
	5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
	6. A delegated act adopted pursuant to Articles 12a and 13 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 the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by one month at the initiative of the European Parliament or of the Council.

Amendment 101

Proposal for a regulation

Article 14 — paragraph 1

Text proposed by the Commission

Amendment

By 1 January 2028 and every five years thereafter, the Commission services shall present a report to the European Parliament and the Council, on the evolution of the aviation fuels market and its impact on the aviation internal market of the Union, including regarding the possible extension of the scope of this Regulation to other energy sources, and other types of synthetic fuels defined under the Renewable Energy Directive, the possible revision of the minimum shares in Article 4 and Annex I, and the level of administrative fines. The report shall include information, where available, on development of a potential policy framework for uptake of sustainable aviation fuels at ICAO level. The report shall also inform on technological advancements in the area of research and innovation in the aviation industry which are relevant to sustainable aviation fuels, including with regards to the reduction of non-CO2 emissions. The report may consider if this Regulation should be amended and, options for amendments, where appropriate, in line with a potential policy framework on sustainable aviation fuels uptake at ICAO level.

By 1 January 2026 and every three years thereafter, the Commission services shall present a report to the European Parliament and the Council, on the application of this Regulation, the evolution of the aviation fuels market and the impact on the competitiveness and the functioning of the aviation internal market of the Union, including , where appropriate, available policy options to address other energy sources, and other types of synthetic fuels defined under the Renewable Energy Directive, while taking due account of the principle of technological neutrality, the possible revision of the SAF definition and the minimum shares in Article 4 and Annex I, the scope of the Regulation and the level of administrative fines. The report shall include an assessment, based on available information , of the impact of this Regulation, as well as its comprehensive impact and interplay with the adapted legislative framework applicable to the sector as a whole, on the functioning of the internal market in aviation, the sector’s competitiveness, possible re-routing leading to carbon leakage, the international level playing field with regards to air carriers and airport hubs, the effect on air mobility and connectivity, cost effectiveness of GHG emissions reductions, investment needs and socioeconomic impacts as well as the related employment and training needs and , where available, information on development of a potential policy framework for uptake of sustainable aviation fuels at ICAO level . The report shall include detailed information on the enforcement of this Regulation . The report shall also inform on technological advancements in the area of research and innovation in the aviation industry which are relevant to sustainable aviation fuels, including with regards to the reduction of non-CO2 emissions or direct air capture (DAC) technologies . The report shall, where appropriate, be accompanied by legislative proposals to amend this Regulation where appropriate, in line with a potential policy framework on sustainable aviation fuels uptake at ICAO level. The report shall also specifically evaluate the impact of this Regulation on the air-connectivity of less connected remote regions and islands, including its effects on the availability and affordability of air transport to and from these territories. The Commission shall regularly monitor, evaluate and analyse cases of fuel tankering. Every year, the Commission shall submit a report containing its findings to the European Parliament and the Council. At the latest by three years after the date of entry into force of this Regulation, the Commission shall, on the basis of these findings, evaluate the provisions concerning fuel tankering and, where appropriate, submit a legislative proposal to amend those.

Amendment 102

Proposal for a regulation

Annex I

Text proposed by the Commission

Amendment

Annex I (volume shares)

Annex I ( EU harmonised volume shares)

(a)	From 1 January 2025, a minimum share of 2 % of SAF;

(a)	From 1 January 2025, a minimum share of 2 % of SAF; of which a minimum share of 0,04 % of synthetic fuels;

(b)	From 1 January 2030, a minimum share of 5 % of SAF, of which a minimum share of 0,7 % of synthetic aviation fuels;

(b)	From 1 January 2030, a minimum share of 6 % of SAF, of which a minimum share of 2 % of synthetic aviation fuels;

(c)	From 1 January 2035, a minimum share of 20 % of SAF, of which a minimum share of 5 % of synthetic aviation fuels;

(c)	From 1 January 2035, a minimum share of 20 % of SAF, of which a minimum share of 5 % of synthetic aviation fuels;

(d)	From 1 January 2040, a minimum share of 32 % of SAF, of which a minimum share of 8 % of synthetic aviation fuels;

(d)	From 1 January 2040, a minimum share of 37 % of SAF, of which a minimum share of 13 % of synthetic aviation fuels;

(e)	From 1 January 2045, a minimum volume share of 38 % of SAF, of which a minimum share of 11 % of synthetic aviation fuels;

(e)	From 1 January 2045, a minimum volume share of 54 % of SAF, of which a minimum share of 27 % of synthetic aviation fuels;

(f)	From 1 January 2050, a minimum volume share of 63 % of SAF, of which a minimum share of 28 % of synthetic aviation fuels;

(f)	From 1 January 2050, a minimum volume share of 85 % of SAF, of which a minimum share of 50 % of synthetic aviation fuels;

Amendment 103

Proposal for a regulation

Annex II

Text proposed by the Commission

Annex II — Template for aircraft operator reporting
Union airport	ICAO code of Union airport	Yearly aviation fuel required (tonnes)	Actual aviation fuel uplifted (tonnes)	Yearly non-tanked quantity (tonnes)	Total yearly non-tanked quantity (tonnes)

Amendment

Annex II — Template for aircraft operator reporting
Union airport	ICAO code of Union airport	Yearly aviation fuel required (tonnes of kerosene equivalent )	Actual aviation fuel uplifted (tonnes of kerosene equivalent )	Yearly non-tanked quantity (tonnes of kerosene equivalent )	Total yearly non-tanked quantity (tonnes of kerosene equivalent )
Template 2
Fuel supplier	Amount purchased (tonnes of kerosene equivalent)	Conversion technology	Characteristics	Origin of feedstock		Lifecycle emissions

(1) The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A9-0199/2022).

(10) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Sustainable and Smart Mobility Strategy — putting European transport on track for the future (COM(2020)0789), 9.12.2020.

(12) https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32018L2001&from=fr

(1a) EASA, aviation and air pollution: https://www.easa.europa.eu/eaer/topics/adapting-changing-climate/air-quality

(1b) WHO Global Air Quality Guidelines 2021: https://apps.who.int/iris/bitstream/handle/10665/345329/9789240034228-eng.pdf?sequence=1&isAllowed=y

(13) Directive 2009/12/EC of the European Parliament and of the Council of 11 March 2009 on airport charges

(16) Commission Regulation (EC) No 748/2009 of 5 August 2009 on the list of aircraft operators which performed an aviation activity listed in Annex I to Directive 2003/87/EC

		ISSN 1977-091X
Official Journal of the European Union		C 47

English edition	Information and Notices	Volume 66 7 February 2023

	II Information
	INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
	European Parliament
	Wednesday 6 July 2022
2023/C 47/24	European Parliament decision of 6 July 2022 on amendment to Parliament’s Rules of Procedure concerning Rule 216 on committee meetings (2022/2069(REG))	283

	III Preparatory acts
	European Parliament
	Tuesday 5 July 2022
2023/C 47/25	P9_TA(2022)0269 Digital Services Act ***I European Parliament legislative resolution of 5 July 2022 on the proposal for a regulation of the European Parliament and of the Council on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC (COM(2020)0825 — C9-0418/2020 — 2020/0361(COD)) P9_TC1-COD(2020)0361 Position of the European Parliament adopted at first reading on 5 July 2022 with a view to the adoption of Regulation (EU) 2022/… of the European Parliament and of the Council on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act)	285
2023/C 47/26	P9_TA(2022)0270 Digital Markets Act ***I European Parliament legislative resolution of 5 July 2022 on the proposal for a regulation of the European Parliament and of the Council on contestable and fair markets in the digital sector (Digital Markets Act) (COM(2020)0842 — C9-0419/2020 — 2020/0374(COD)) P9_TC1-COD(2020)0374 Position of the European Parliament adopted at first reading on 5 July 2022 with a view to the adoption of Regulation (EU) 2022/… of the European Parliament and of the Council on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828 (Digital Markets Act)	288
2023/C 47/27	European Parliament legislative resolution of 5 July 2022 on the proposal for a Council decision on the adoption by Croatia of the euro on 1 January 2023 (COM(2022)0282 — C9-0195/2022 — 2022/0179(NLE))	289
2023/C 47/28	European Parliament legislative resolution of 5 July 2022 on the draft Council decision on the conclusion, on behalf of the European Union, of the Protocol on the implementation of the Sustainable Fisheries Partnership Agreement between the European Union and the Government of the Cook Islands (12640/2021 — C9-0006/2022 — 2021/0312(NLE))	292
2023/C 47/29	P9_TA(2022)0273 Temporary trade liberalisation measures for Moldova ***I European Parliament legislative resolution of 5 July 2022 on the proposal for a regulation of the European Parliament and of the Council on temporary trade-liberalisation measures supplementing trade concessions applicable to Moldovan products under the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part (COM(2022)0288 — C9-0198/2022 — 2022/0188(COD)) P9_TC1-COD(2022)0188 Position of the European Parliament adopted at first reading on 5 July 2022 with a view to the adoption of Regulation (EU) 2022/… of the European Parliament and of the Council on temporary trade-liberalisation measures supplementing trade concessions applicable to products from the Republic of Moldova under the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part	293
	Wednesday 6 July 2022
2023/C 47/30	P9_TA(2022)0282 Russia's invasion of Ukraine: Crisis measures in the fisheries and aquaculture sectors ***I European Parliament legislative resolution of 6 July 2022 on the proposal for a regulation of the European Parliament and of the Council amending and correcting Regulation (EU) No 508/2014 as regards specific measures to alleviate the consequences of the military aggression of Russia against Ukraine on fishing activities and to mitigate the effects of the market disruption caused by that military aggression on the supply chain of fishery and aquaculture products (COM(2022)0179 — C9-0149/2022 — 2022/0118(COD)) P9_TC1-COD(2022)0118 Position of the European Parliament adopted at first reading on 6 July 2022 with a view to the adoption of Regulation (EU) 2022/… of the European Parliament and of the Council amending Regulation (EU) No 508/2014 as regards specific measures to alleviate the consequences of Russia’s war of aggression against Ukraine on fishing activities and to mitigate the effects of the market disruption caused by that war of aggression on the supply chain of fishery and aquaculture products	294
	Thursday 7 July 2022
2023/C 47/31	P9_TA(2022)0294 Russia’s invasion of Ukraine: Temporary measures concerning driver documents issued by Ukraine ***I European Parliament legislative resolution of 7 July 2022 on the proposal for a regulation of the European Parliament and of the Council laying down specific and temporary measures, in view of Russia’s invasion of Ukraine, concerning driver documents issued by Ukraine in accordance with its legislation (COM(2022)0313 — C9-0201/2022 — 2022/0204(COD)) P9_TC1-COD(2022)0204 Position of the European Parliament adopted at first reading on 7 July 2022 with a view to the adoption of Regulation (EU) 2022/… of the European Parliament and of the Council laying down specific and temporary measures, in view of Russia’s invasion of Ukraine, concerning driver documents issued by Ukraine in accordance with its legislation	295
2023/C 47/32	European Parliament legislative resolution of 7 July 2022 on the draft Council decision on identifying the violation of Union restrictive measures as an area of crime that meets the criteria specified in Article 83(1) of the Treaty on the Functioning of the European Union (10287/1/2022 — C9-0219/2022 — 2022/0176(NLE))	296
2023/C 47/33	P9_TA(2022)0296 Exceptional macro-financial assistance to Ukraine ***I European Parliament legislative resolution of 7 July 2022 on the proposal for a decision of the European Parliament and of the Coucil providing exceptional macro-financial assistance to Ukraine (COM(2022)0450 — C9-0221/2022 — 2022/0213(COD)) P9_TC1-COD(2022)0213 Position of the European Parliament adopted at first reading on 7 July 2022 with a view to the adoption of Decision (EU) 2022/… of the European Parliament and of the Council providing exceptional macro-financial assistance to Ukraine	297
2023/C 47/34	Amendments adopted by the European Parliament on 7 July 2022 on the proposal for a regulation of the European Parliament and of the Council on ensuring a level playing field for sustainable air transport (COM(2021)0561 — C9-0332/2021 — 2021/0205(COD))	298

Present text	Amendment
1. A committee shall meet when convened by its Chair or at the request of the President.	1. A committee shall meet when convened by its Chair or at the request of the President.
	When convening such a meeting, the Chair may decide, on a case-by-case basis and with the approval of coordinators representing a majority of the committee members, that the meeting may also be attended remotely, except for committee meetings to be held in camera.
When convening the meeting, the Chair shall submit a draft agenda. The committee shall take a decision on the agenda at the beginning of the meeting.	When convening the meeting, the Chair shall submit a draft agenda , in which it shall be stated whether the meeting may also be attended remotely . The committee shall take a decision on the agenda at the beginning of the meeting.

Present text	Amendment
4. Rule 171(2) on allocation of speaking time shall apply mutatis mutandis to committees.	4. Rule 171(2) shall apply mutatis mutandis to committees . However, the second sentence of Rule 171(2) shall not apply to Members who are attending the meeting remotely .

Contents		page

	EUROPEAN PARLIAMENT 2022-2023 SESSION Sittings of 4 to 7 July 2022 TEXTS ADOPTED	1

	I Resolutions, recommendations and opinions
	RESOLUTIONS
	European Parliament
	Tuesday 5 July 2022
2023/C 47/01	European Parliament resolution of 5 July 2022 on women’s poverty in Europe (2021/2170(INI))	2
2023/C 47/02	European Parliament resolution of 5 July 2022 on the Indo-Pacific strategy in the area of trade and investment (2021/2200(INI))	15
2023/C 47/03	European Parliament resolution of 5 July 2022 on EU-India future trade and investment cooperation (2021/2177(INI))	23
2023/C 47/04	European Parliament resolution of 5 July 2022 towards a common European action on care (2021/2253(INI))	30
2023/C 47/05	European Parliament resolution of 5 July 2022 on mental health in the digital world of work (2021/2098(INI))	63
2023/C 47/06	European Parliament resolution of 5 July 2022 on Banking Union — annual report 2021 (2021/2184(INI))	75
	Wednesday 6 July 2022
2023/C 47/07	European Parliament resolution of 6 July 2022 on the 2021 Commission report on Bosnia and Herzegovina (2021/2245(INI))	87
2023/C 47/08	European Parliament resolution of 6 July 2022 on the 2021 Commission Report on Serbia (2021/2249(INI))	102
2023/C 47/09	European Parliament resolution of 6 July 2022 on the 2021 Commission Report on Kosovo (2021/2246(INI))	118
2023/C 47/10	European Parliament resolution of 6 July 2022 on the EU and the defence of multilateralism (2020/2114(INI))	130
2023/C 47/11	European Parliament resolution of 6 July 2022 on addressing food security in developing countries (2021/2208(INI))	149
2023/C 47/12	European Parliament resolution of 6 July 2022 on the EU action plan for the social economy (2021/2179(INI))	171
2023/C 47/13	European Parliament resolution of 6 July 2022 on intersectional discrimination in the European Union: the socio-economic situation of women of African, Middle-Eastern, Latin-American and Asian descent (2021/2243(INI))	184
2023/C 47/14	European Parliament resolution of 6 July 2022 on national vetoes to undermine the global tax deal (2022/2734(RSP))	198
	Thursday 7 July 2022
2023/C 47/15	European Parliament resolution of 7 July 2022 on the arrest of Cardinal Zen and the trustees of the 612 Humanitarian Relief Fund in Hong Kong (2022/2751(RSP))	202
2023/C 47/16	European Parliament resolution of 7 July 2022 on the situation of indigenous and environmental defenders in Brazil, including the killing of Dom Phillips and Bruno Pereira (2022/2752(RSP))	205
2023/C 47/17	European Parliament resolution of 7 July 2022 on the situation in Tajikistan’s Gorno-Badakhshan Autonomous Province (2022/2753(RSP))	209
2023/C 47/18	European Parliament resolution of 7 July 2022 on the financial activities of the European Investment Bank — annual report 2021 (2021/2203(INI))	213
2023/C 47/19	European Parliament resolution of 7 July 2022 on the control of the financial activities of the European Investment Bank — annual report 2020 (2021/2235(INI))	225
2023/C 47/20	European Parliament resolution of 7 July 2022 on the protection of the European Union’s financial interests — combating fraud — annual report 2020 (2021/2234(INI))	236
2023/C 47/21	European Parliament resolution of 7 July 2022 on Better regulation: Joining forces to make better laws (2021/2166(INI))	250
2023/C 47/22	European Parliament resolution of 7 July 2022 on the US Supreme Court decision to overturn abortion rights in the United States and the need to safeguard abortion rights and women’s heath in the EU (2022/2742(RSP))	268
	RECOMMENDATIONS
	European Parliament
	Tuesday 5 July 2022
2023/C 47/23	European Parliament recommendation of 5 July 2022 to the Council and the Commission on the negotiations for a cooperation agreement between the European Union and the International Criminal Police Organization (ICPO-INTERPOL) (2022/2025(INI))	273