11.8.2023

Official Journal of the European Union

C 283/5

P9_TA(2023)0048

The EU priorities for the 67th session of the UN Commission on the Status of Women

European Parliament resolution of 15 February 2023 on the EU priorities for the 67th session of the UN Commission on the Status of Women (2022/2839(RSP))

(2023/C 283/02)

The European Parliament,

—	having regard to the 67th session of the UN Commission on the Status of Women and its priority theme ‘Innovation and technological change, and education in the digital age for achieving gender equality and the empowerment of all women and girls’,

—	having regard to the Beijing Declaration and Platform for Action of 15 September 1995 and the outcomes of its review conferences,

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

—

having regard to the UN 2030 Agenda for Sustainable Development, the principle of ‘leaving no one behind’ and, in particular, Sustainable Development Goal (SDG) 4 which seeks to achieve inclusive and quality education, SDG 5 which seeks to achieve gender equality and empower all women and girls, SDG 8 which seeks to achieve sustainable and economic growth, SDG 9 which seeks to significantly increase access to information technology, SDG 10 which seeks to ensure equal opportunity and reduce inequalities and SDG 13 on climate change, providing for the possibility of tackling the root causes of gender inequalities and thus strengthening women’s resilience to climate change,

—	having regard to the United Nations General Assembly resolutions of 16 December 2020 entitled ‘Intensification of efforts to prevent and eliminate all forms of violence against women and girls’ (A/RES/75/161) and ‘The right to privacy in the digital age’ (A/RES/75/176),

—	having regard to the United Nations Human Rights Council resolution of 5 July 2018 entitled ‘Accelerating efforts to eliminate violence against women and girls: preventing and responding to violence against women and girls in digital contexts’ (A/HRC/RES/38/5),

—	having regard to the Council of Europe Convention on Cybercrime of 23 November 2001,

—	having regard to the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence of 11 May 2011 (‘Istanbul Convention’),

—	having regard to the Council conclusions on ‘Women, Peace and Security’ of 10 December 2018,

—	having regard to the EU-UN Spotlight Initiative aiming at eliminating all forms of violence against women and girls,

—	having regard to Articles 21 and 23 of the Charter of Fundamental Rights of the European Union (the ‘Charter’),

—	having regard to the EU action plan on digital education for 2021-2027,

—	having regard to the EU action plan on gender equality and women’s empowerment in external action 2021-2025 (GAP III),

—	having regard to the EU Gender Equality Strategy for 2020-2025 of 5 March 2020,

—	having regard to its resolution of 17 April 2018 on empowering women and girls through the digital sector (1),

—	having regard to its resolution of 21 January 2021 on closing the digital gender gap: women’s participation in the digital economy (2),

—	having regard to its resolution of 10 June 2021 on promoting gender equality in science, technology, engineering and mathematics (STEM) education and careers (3),

—	having regard to its resolution of 14 December 2021 with recommendations to the Commission on combating gender-based violence: cyberviolence (4),

—	having regard to its resolution of 3 May 2022 on reaching women’s economic independence through entrepreneurship and self-employment (5),

—	having regard to Article 157(4) of the Treaty on the Functioning of the European Union,

—	having regard to the question to the Council on the EU priorities for the 67th session of the UN Commission on the Status of Women (O-000004/2023 — B9-0011/2023),

—	having regard to the question to the Commission on the EU priorities for the 67th session of the UN Commission on the Status of Women (O-000005/2023 — B9-0012/2023),

—	having regard to Rules 136(5) and 132(2) of its Rules of Procedure,

—	having regard to the motion for a resolution of the Committee on Women’s Rights and Gender Equality,

whereas gender equality is a fundamental principle of the EU enshrined in Article 2 of the Treaty on European Union and Article 23 of the Charter; whereas gender mainstreaming is therefore an important tool for integrating this principle into all EU policies, measures and actions, including its external action;

whereas 189 countries across the world, including the European Union and its Member States, committed to working towards gender equality and empowering all women and girls at the Fourth World Conference on Women in Beijing in 1995; whereas SDG 5 of the Sustainable Development Agenda adopted by UN Member States in 2015 sets 2030 as the deadline for achieving gender equality and the empowerment of all women and girls; whereas SDG target 5b specifically identifies the enhanced use of enabling technology, in particular information and communications technologies (ICTs), to promote the empowerment of women and girls;

whereas the 1995 Beijing Platform for Action stressed that it is essential for women not only to benefit from technology, but also to participate in the process from the design to the application, monitoring and evaluation stage, and underlined the link between biased teaching and girls being often discouraged and deprived of basic education in mathematics and science and technical training; whereas gender-sensitive education benefits entire societies by contributing to overall societal well-being, economic growth and innovation; whereas gender stereotypes negatively impact girls’ self-confidence to pursue studies in STEM- and ICT-related subjects, hampering their ability to work in better-paid high-growth sectors; whereas gender-sensitive education and training are crucial tools for combating harmful gender stereotypes; whereas 2023 is the European Year of Skills and should emphasise the shortage of women in STEM careers and education;

D.	whereas UN Secretary-General António Guterres has described digitalisation as one of two seismic shifts that will shape the 21st century, the other being climate change; whereas meaningful access to digital services has become critical for inclusive social and economic engagement;

whereas 62 % of men use the internet compared to only 57 % of women; whereas while the gender digital divide has been narrowing across all regions, women are still digitally marginalised in many of the world’s poorest countries and especially in remote and rural areas, with at least 1,7 billion women in the Global South still unconnected (6); whereas this gap exists irrespective of a country’s overall ICT access levels, economic performance, income levels or geographic location and widens as technologies become more sophisticated and expensive (7); whereas bringing an additional 600 million women and girls online could boost global gross domestic product (GDP) by as much as USD 18 billion (8);

whereas only a gender-responsive digital transformation can provide the necessary opportunities for changing negative gendered patterns of employment; whereas women still face structural and cultural barriers when participating in all aspects of the digital transition, which can have a detrimental effect on their access to and position in the labour market; whereas women are currently underrepresented in better-paid high-growth sectors, such as ICT and STEM occupations, while being overrepresented in unpaid and precarious work (9); whereas the low number of women working in innovative and disruptive technology sectors can adversely impact the design, development and implementation of new technologies, thereby causing the replication of current discriminatory practices and stereotypes, including the development of gender-biased algorithms; whereas it is important for women and girls to be an integral part of the digital transformation process so they can become key actors of innovation and technological change while reaping its full benefits;

whereas female students now outnumber male students globally and whereas 54 % of university graduates in 2019 were women (10), while only 18 % of women in tertiary education are pursuing STEM studies, compared to 35 % of men (11); whereas a large number of women abandon their higher level education and careers in the STEM sector or do not pursue academic opportunities in the sector due to unequal gender roles in family life, including unequal sharing of unpaid caring responsibilities between women and men within the household, a poor work-life balance, organisational constraints, harassment and bias in the workplace and lack of opportunities for career progression; whereas a lack of diversity in STEM sectors and professions will affect the profitability of companies and economic prosperity, potentially leading to them losing out on a EUR 16 billion GDP boost to the European economy by not encouraging women to participate in the digital sector;

whereas according to the International Labour Organization (ILO) women are paid about 20 % less than men globally; whereas the gender pay gap in male-dominated sectors, such as ICT and technological companies is even larger; whereas women earn around 28 % less than their male colleagues in the same tech roles (12);

whereas women’s economic independence and empowerment is central to achieving gender equality and to guaranteeing women’s rights; whereas this includes the ability to participate fully in society, including by having control over their own time, lives and bodily autonomy, by achieving self-fulfilment and having equal access to labour markets, civic participation and economic decision-making at all levels; whereas the promotion of economic independence requires recognising and compensating feminised labour sectors that are systematically underpaid and undervalued and implementing appropriate measures to ensure women’s equal participation in labour markets, equal pay for equal work or work of equal value, access to decent work opportunities and sharing and recognition of domestic and care responsibilities;

whereas women facing multiple intersectional forms of discrimination have particular difficulty entering the STEM sector; whereas women in poverty and women in areas with limited infrastructure, especially rural areas, experience digital, gender and rural discrimination and barriers in access to and use of digital technologies, due to unaffordability, low digital literacy and negative social norms;

K.	whereas only a marginal percentage of venture capitalists, business angels and investors are women; whereas significantly fewer women are working within these roles and as founders and owners of private companies and start-ups;

whereas the gender dimension of the digital transformation is acknowledged in the EU’s Gender Equality Strategy for 2020-2025 and the Gender Action Plan III; whereas promoting women’s equal access to the untapped potential of digital technologies is central to the EU’s digital strategy and to sustainable growth;

whereas gender-based violence is not limited to physical violence, but also includes gender-based cyberviolence; whereas it is estimated that one in ten women have already experienced a form of cyberviolence since the age of 15 (13); whereas during the COVID-19 pandemic, gender-based violence increased exponentially, including online and ICT-facilitated violence; whereas the World Wide Web Foundation survey conducted in 2020 among respondents from 180 countries revealed that 52 % of young women and girls have experienced online abuse and 64 % of respondents stated that they know someone who has experienced it;

whereas one in five girls (19 %) have left or significantly reduced their use of a social media platform after being harassed, while one in ten (12 %) have changed the way they express themselves (14); whereas more than a third (37 %) of girls who are from an ethnic minority and have suffered abuse say they are targeted because of their race or ethnicity, while more than half (56 %) of those who identify as lesbian, gay, bisexual, trans, intersex or queer LGBTIQ+ say they are harassed because of their gender identity or sexual orientation;

O.	whereas the rise of new smart devices and the internet of things provides further opportunities for technology-facilitated abuse;

whereas education is key to preventing gender-based cyberviolence, including through digital literacy and skills such as cyber hygiene and netiquette, as well as to building a gender-inclusive educational environment that addresses gender stereotypes, which should be a key element of any public policy aiming to tackle gender-based cyberviolence; whereas technology can play an important role in the prevention of cyberviolence;

whereas the development of new ways of working and teleworking possibilities pose a series of challenges and opportunities for women and their work-life balance; whereas the development of new options of distance learning provides new possibilities for women and girls to bridge the digital and education gap;

Addresses the following recommendations to the Council:

(a)	to reconfirm the EU’s unwavering commitment to the Beijing Platform for Action and subsequent review conferences and to the range of actions for gender equality they outline;

(b)

to ensure the full involvement of Parliament and its Committee on Women’s Rights and Gender Equality in the decision-making process on the EU’s position at the 67th session of the UN Commission on the Status of Women and to ensure that Parliament has adequate information and access to the EU position document ahead of the negotiations;

(c)

to ensure that the EU shows strong leadership and takes a unified position on the importance of empowering women and girls in all their diversity and achieving gender equality in the digital transformation; to take strong action to univocally denounce the current backlash against gender equality, including policies and attempts to undermine women’s rights, autonomy and emancipation in every field; to support calls for the standardisation of women’s rights;

(d)

to condemn in the strongest terms the use of rape and sexual violence as a weapon of war in armed conflicts, specifically their ongoing use in the unjustified attack on Ukraine by Russia, as well as other conflicts such as in the Tigray region in Ethiopia; to condemn all forms of gender-based violence, including cyberviolence, as well as all forms of gender-based discrimination, as these are violations of human rights that prevent achieving gender equality and therefore truly equal societies;

(e)

to pledge its strong support for the work of UN Women, which is a central actor in the UN system for advancing the rights of women in all their diversity and bringing together all relevant stakeholders in order to generate policy change and coordinate actions; to call on all UN member states, together with the EU, to ensure adequate funding for UN Women;

(f)	to reaffirm the commitments to gender equality and the empowerment of all women and girls made at relevant UN summits and conferences, including the International Conference on Population and Development and its programme of action and the outcome documents of its reviews;

(g)

to highlight the need to facilitate and increase women’s access to information and education worldwide, including in science, technology and economics, thus enhancing their knowledge, skills and opportunities; to underline the importance of ensuring gender mainstreaming in digital education at all levels and the need to abolish the digital gender divide together with any gender-related discrimination in access to education at all levels, from early childhood to higher education, in formal, non-formal and informal settings and from planning infrastructure to training teachers; to underline that broader human and economic development is necessary for overcoming digital inequality and achieving the full potential of women and girls worldwide;

(h)	to advocate for improved access of girls, women and people with diverse gender identities to universally accessible, safe and secure digital connectivity, reaching out to the rural and remote areas;

(i)	to highlight the need to ensure the universal and full access to online information on sexual and reproductive health and rights, including the right to safe and legal abortion, and to ensure robust processes that prevent any personal data from being used against persons seeking abortion;

(j)

to reiterate the need to enhance women’s and girls’ inclusion and participation in society; to reiterate the need to accelerate progress in gender equality, including through the promotion of laws, policies, budgets and institutions that advance gender equality; to also reiterate the need for greater investment in gender statistics, since less than half of the data required to monitor SDG 5 is currently available;

(k)	to note that the post-pandemic recovery needs to take place in line with the green and digital transitions, and that STEM competences are set to play an ever more essential role in the future economy;

(l)

to take into account that responses to the COVID-19 pandemic have accelerated the digital transition and that the future of work will see an increase in the demand for technology professionals; to note in this context that there is continuing gender segregation in ICT education and ICT occupations and that thus the digital divide could be further deepened if not appropriately addressed;

(m)

to ensure that any policies connected with the digital transition take into account gender specific needs and do not negatively affect women, girls and people with diverse gender identities; to show greater commitment to the collection and analysis of gender-disaggregated data, including but not limited to gender, income, education, employment and age in order to allow informed and innovative policies, which are required to better understand and regulate the digital space if there are to be more equitable outcomes, and also to the collection and analysis of data on marginalised groups to capture the situation of people facing multiple discrimination;

(n)

to reiterate that women’s economic independence and empowerment is central to achieving gender equality and guaranteeing women’s rights; to underline the importance of access for women in all their diversity to emerging job opportunities in the digital transition with a view to ensuring that jobs in STEM are equally beneficial and accessible to all; to underline the need to support women’s entrepreneurship while addressing the gender norms and stereotypes that steer women and girls away from technology; to emphasise the need to support women digital innovators across multiple industrial ecosystems in order to build an inclusive digital economy; to fight against gender stereotyping and to promote more female role models, which deeply affects girls’ and women’s opportunities for finding a career in STEM and other digital-related roles, and to promote increases in the number of women in leadership positions in the digital sector;

(o)

to underline the importance of addressing the diverse representation of women in online platforms and social media, through a better understanding of the related technology, digital skills as well as access to digital means; to stress the importance of this as helping women’s participation in peace and security matters;

(p)

to work with the United Nations to ensure that the Global Digital Compact to be adopted in 2024 and aiming to outline shared principles for an open, free and secure digital future for all is gender-sensitive and takes into account the specific needs of women and girls in the digital transformation, leaving no one behind;

(q)

to underline that gender-based cyberviolence is often a continuation of offline gender-based violence and that all effective policy considerations must take into account this reality; to reiterate the need for effective policies and measures to prevent, combat and criminalise all forms of gender-based violence, including online; to acknowledge the importance of taking account of the overlap between gender-based cyberviolence and human trafficking based on sexual exploitation of women and girls; to support calls to put an end to sexual exploitation online, including sex trafficking and other forms of assault and abuse of women and children;

(r)	to promote awareness-raising campaigns, training and educational programmes, including on digital education, literacy and skills, which should also target the younger generation, to combat gender-based cyberviolence;

(s)

to strengthen international efforts to fight against the impunity of perpetrators of gender-based cyberviolence; to stress the need to look for legal and sociological solutions for all instances of online and technology-facilitated gender-based violence, taking account of issues such as non-consensual distribution and manipulation of intimate images and information, the use of deepfake technologies to generate harmful images, online hate speech, cyber harassment, cyberstalking, cyberbullying, hacking, identity-theft and sharing content without consent; to promote access to and the use of ICT as tools to combat gender discrimination and gender-based violence, as well as to achieve appropriate work-life balance;

(t)

to point to the need to protect democracy and human rights in the digital space, such as freedom of expression, the right to privacy and data protection; to underline the dangers posed online to women human rights defenders (WHRDs), women politicians, journalists and other women and LGBTIQ+ activists, as cyberviolence and harassment is often instrumentalised in attempts to silence women’s voices; to promote efforts to protect them;

(u)	to advocate for stronger regulation of online platforms, with particular focus on the protection of women’s rights and elimination of gender-based violence online;

(v)

to emphasise the need to protect and promote the rights of groups experiencing multiple and intersectional forms of discrimination, including women with disabilities, racialised women, including Black women and women of colour, migrant and ethnic minority women, older women, women with lower education levels, women with health problems, single mothers and LGBTIQ+ women in rural and depopulated areas; to work to promote the concept of combating multiple discrimination and to integrate intersectional analysis throughout all UN bodies, as well as in the EU and its Member States;

(w)	to ensure that any policies connected with the digital transition take into account gender-specific needs and do not negatively affect women, girls and people with diverse gender identities;

(1) OJ C 390, 18.11.2019, p. 28.

(2) OJ C 456, 10.11.2021, p. 232.

(3) OJ C 67, 8.2.2022, p. 137.

(4) OJ C 251, 30.6.2022, p. 2.

(5) OJ C 465, 6.12.2022, p. 54.

(6) https://www.unwomen.org/sites/default/files/Headquarters/Attachments/Sections/Library/Publications/2020/The-digital-revolution-Implications-for-gender-equality-and-womens-rights-25-years-after-Beijing-en.pdf

(7) https://www.unwomen.org/sites/default/files/2022-10/CSW67%20EGM%20Draft%20Concept%20Note.pdf

(8) https://www.itu.int/women-and-girls/women-in-ict/

(9) EPRS briefing, Beijing Platform for Action: 25-year review and future priorities, 27 February 2020, available at: https://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_BRI(2020)646194

(10) UNESCO-IESALC and Times Higher Education, Gender Equality: How global universities are performing, 2022.

(11) UNICEF and the International Telecommunication Union, Towards an equal future: Reimagining girls’ education through STEM, UNICEF, New York, October 2020.

(12) https://www.womenintech.co.uk/women-technology-survey-2019

(13) https://eige.europa.eu/publications/cyber-violence-against-women-and-girls

(14) https://plan-international.org/news/2020/10/05/abuse-and-harassment-driving-girls-off-facebook-instagram-and-twitter/

11.8.2023

Official Journal of the European Union

C 283/18

P9_TA(2023)0053

An EU strategy to boost industrial competitiveness, trade and quality jobs

European Parliament resolution of 16 February 2023 on an EU strategy to boost industrial competitiveness, trade and quality jobs (2023/2513(RSP))

(2023/C 283/06)

The European Parliament,

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

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

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

—	having regard to the Commission communication of 11 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 8 July 2020 entitled ‘A hydrogen strategy for a climate-neutral Europe’ (COM(2020)0301),

—	having regard to the Commission communication of 24 September 2020 entitled ‘A Capital Markets Union for people and businesses — new action plan’ (COM(2020)0590),

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

—	having regard to the Commission staff working document of 5 May 2021 entitled ‘Strategic dependencies and capacities’ (SWD(2021)0352),

—	having regard to the Commission staff working document of 5 May 2021 entitled ‘Annual Single Market Report 2021’ (SWD(2021)0351),

—	having regard to the Commission staff working document of 5 May 2021 entitled ‘Towards competitive and clean European steel’ (SWD(2021)0353),

—	having regard to its resolution of 15 September 2022 entitled ‘Implementation of the Updated New Industrial Strategy for Europe: aligning spending to policy’ (1),

—	having regard to Decision (EU) 2022/2481 of the European Parliament and of the Council of 14 December 2022 establishing the Digital Decade Policy Programme 2030 (2),

—	having regard to the Commission communication of 1 February 2023 entitled ‘A Green Deal Industrial Plan for the Net-Zero Age’ (COM(2023)0062),

—	having regard to its resolution of 19 May 2022 entitled ‘The social and economic consequences for the EU of the Russian war in Ukraine — reinforcing the EU’s capacity to act’ (3),

—	having regard to its resolution of 5 October 2022 on the EU’s response to the increase in energy prices in Europe (4),

—	having regard to its resolution of 25 November 2020 on a new industrial strategy for Europe (5),

—	having regard to the Council conclusions of 21 November 2018 on a future EU industrial policy strategy,

—	having regard to the Council conclusions of 27 May 2019 on an EU industrial policy strategy: a vision for 2030,

—	having regard to the Council conclusions of 16 November 2020 on a recovery advancing the transition towards a more dynamic, resilient and competitive European industry,

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

—	having regard to Rule 132(2) and (4) of its Rules of Procedure,

whereas the EU’s industrial strategy should enable European industry to foster the green and digital transitions and at the same time defend its open strategic autonomy, preserve its competitiveness on the global market, maintain a high level of employment and quality jobs in Europe and strengthen its ability to innovate and produce in Europe;

whereas in a changing geopolitical world, it is vital to strengthen European industrial competitiveness, to reduce European dependence on third countries for critical and strategic materials, products and technologies, as well as to provide for affordable, clean and secure energy for its industries;

C.	whereas the global race to shape the future of clean energy technology manufacturing is accelerating, stoked by massive public interventions, such as the US Inflation Reduction Act (IRA), by global powers;

whereas the reinforcement of EU open strategic autonomy requires a combination of different solutions, including reducing energy and material use, boosting EU manufacturing and production capacities, investments in strategic sectors and research and development, and diversifying suppliers through sectoral partnerships and alliances, and trade and technology councils with partner countries;

whereas the Union’s industrial strategy should also ensure the correct functioning of the single market, avoid market distortions and create a level playing field inside and outside the EU; whereas it also needs strong single market surveillance and enforcement in order to give a competitive edge to EU companies and lead the global transition to a climate-neutral, resource-efficient and circular economy;

whereas not all Member States have the same fiscal space for State aid; whereas an uncoordinated response by the European Union and the Member States, which have varying fiscal space for State aid, could create a risk of fragmentation of the single market; whereas a very large majority of State aid approved under the Temporary Crisis Framework was notified by only two Member States;

G.	whereas the Commission’s plan acknowledges that in order to respond to the current challenges, the EU should give faster access to sufficient funding, using private funding, State aid, EU funds and a new European Sovereignty Fund which could support the European industrial strategy;

H.	whereas Parliament should always play the role of budgetary authority in any budgetary environment in order to ensure democratic accountability and transparency for the remainder of the current multiannual financial framework (MFF);

whereas the Russian war of aggression against Ukraine has shown us that peace in Europe cannot be taken for granted; whereas its consequences, including the rises in energy prices as well as inflation, have created an unprecedented economic turmoil and a cost-of-living crisis in Europe, the evolution of which is highly uncertain;

J.	whereas energy-intensive industry, which employs 8 million workers in Europe, is facing high energy prices, with gas prices being around six times higher than the average over the previous 10 years, and more than four times higher than in the United States;

whereas education, vocational training and higher education have a global and relevant impact on the quality of jobs and on the future of European industry in the context of open strategic autonomy and the green and digital transitions; whereas the university community plays a key role in terms of innovation and research in industry;

L.	whereas the Union has the objective to achieve at least 80 % coverage of collective bargaining in the Member States, in line with the Directive on Adequate Minimum Wages (6);

whereas industry requires stable and predictable rules to ensure a level playing field and to combat unfair practices from third countries and from within the Union; whereas the EU should continue to promote an open economy based on fair competition within Europe and in its relations with its international partners;

whereas this includes consolidating the EU’s partnerships with Latin America, and ratifying the agreements with Chile, New Zealand and Mexico; whereas it also includes ratifying the outstanding bilateral agreement with Mercosur, provided that pre-ratification commitments on climate change, deforestation and other concerns are satisfactory; whereas it also means monitoring further negotiations and the possible conclusion of the agreement with Australia and pushing for negotiations to begin on a bilateral investment agreement with Taiwan as well as to further advance our partnership of equals with Africa following the European Union — African Union summit of 2022; whereas EU trade policy should aim to ensure that our free trade agreements come with strong sustainable development chapters, which include sanctions enforceable as a last resort, strong labour standards in line with International Labour Organization conventions, and environmental and climate change commitments;

O.	whereas the EU is a world leader in research and innovation, including industrial innovation, owing to its world-leading institutions, engineering companies and highly skilled labour force;

Welcomes the Commission communication of 1 February 2023 entitled ‘A Green Deal Industrial Plan for the Net-Zero Age’; believes that the European industrial strategy should be designed both for securing European leadership in clean energy technologies and for improving the existing industrial base and supporting its transformation in the future to provide high-quality jobs and economic growth for all Europeans in order to achieve the objectives of the Green Deal;

Stresses the importance of enhancing the EU’s manufacturing capabilities in key strategic technologies, such as solar and wind energy, heat pumps, electricity grids, batteries, long-duration energy storage, electrolyser manufacturing for renewable hydrogen and pre-fabricated sustainable building materials;

Underlines the importance of the Commission fully developing the Transition Pathways, setting out the actions and support measures needed to ensure all sectors maintain their competitiveness, while decarbonising in order to contribute to the Union’s climate and Green Deal objectives;

Asks the Commission and the Council to take into account the following considerations in order to ensure that the plan achieves the objectives of open strategic autonomy and the green and digital transitions, is truly European, ensures Europe’s competitiveness, strives to develop industrial capacity throughout the Union and protects the single market’s integrity, while ensuring that jobs remain in Europe and Europeans are in possession of adequate skills to cope with the current challenges;

A predictable and simplified regulatory environment

Stresses that the Transition Pathways must enhance long-term investor certainty and regulatory predictability, and serve as guidelines for future policy actions, which, in turn, must orient future industrial and investment decisions;

Calls on the Commission to elaborate an effective strategy to redeploy, relocate and re-shore industries in Europe, diversifying supply chains and reducing greenhouse gas emissions, taking into account the positive spill-over effects across Member States;

Notes that European standards will be used to promote the roll-out of strategic technologies; believes that European standards play a very important role in the functioning of the single market and can enhance the competitiveness of European industry, reduce costs and improve safety, as well as increase productive and innovative efficiency; emphasises the importance of a strong European presence in the international standardisation bodies;

Calls on the Commission to tailor its industrial strategy for competitiveness to the scaling-up and commercialisation of strategic technologies in the Union to bridge the gap between innovation and market deployment, by providing risk financing for early-stage technology and demonstration projects, and by developing early value chains to provide support to commercial-scale, zero-emission technologies and other environmentally sustainable products above others;

Highlights the need to ensure fast permitting procedures and predictability to set up new projects aiming to use clean and renewable energy sources and improving the sustainability of existing ones as quickly as possible, while reducing the administrative burden to a minimum and in full compliance with the regulatory framework; in this context, encourages the Commission and the Member States to process applications for supporting measures related to the planning, construction and operation of such projects as rapidly as possible;

10.

Takes note of the Commission’s proposal for a Critical Raw Materials Act; recalls the importance of secure access to critical raw materials as a prerequisite for the ecological and digital transformation, for achieving our climate targets, for competitive value chains in Europe and for strengthening strategic independence; further recalls the need for building up recycling and stable secondary markets as well as for research for substitution of critical raw materials; insists on fully exploiting the potential of domestic resources respecting adequate standards; strongly believes that strategic European projects need faster and more transparent permitting, access to new funding and a coherent policy framework;

11.

Underlines the importance of a just transition aimed at maintaining quality jobs and employment in Europe through increased industrial competitiveness; calls for adequate measures to support the re-industrialisation and prevent the de-industrialisation of European regions through strategic interregional investment projects and through development plans for vulnerable regions, particularly regions in transition, in rural and remote areas;

12.

Insists that the Commission should carry out a sovereignty test in its impact assessment in order to assess the potential impact of European legislation and funds on the creation of new undesirable dependencies, in particular dependencies on non-market economies and unreliable partners; asks the Commission also to screen key existing legislation within the regulatory fitness and performance programme in that regard;

Energy and dependencies

13.

Calls on the Commission and the Member States to ensure energy supplies for next winter and to come up with additional and ambitious plans, to take all necessary measures to accelerate production capacities for affordable, secure and clean energy to be made available to our industries and to increase energy savings and energy efficiency measures; welcomes, in this context, the Commission’s intention to reform the electricity market design;

14.

Underlines the importance of kick-starting the hydrogen market, while working towards clean hydrogen, by assessing the role of its various types, making its production faster and less bureaucratic, and developing a plan to create the needed infrastructure as a matter of urgency;

15.

Insists on the importance of predictability, certainty and long-term signals to investors and other economic agents for facilitating and boosting the vital changes across the economy;

16.

Stresses the importance of enhancing the EU’s open strategic autonomy by boosting its capabilities in the key strategic technologies identified in the Commission communication entitled ‘A Green Deal Industrial Plan for the Net-Zero Age’, as well as other technologies which are fundamental for European industrial competitiveness, such as the Key Enabling Technologies; welcomes the launch of the European Solar Photovoltaic Industry Alliance and of the European Clean Tech Platform at the end of 2022;

Regulatory burden

17.

Reiterates the need to reduce unnecessary administrative burdens for companies, especially SMEs and start-ups, while maintaining the highest standards for consumers, workers and health and environmental protection; continues to support the ‘one in, one out’ principle to reach this goal;

18.

Supports the introduction by the Commission of a competitiveness test as part of its preparation of new legislation, bearing in mind that any assessment should also take into account the protection of and safeguards for workers and social rights; considers that, to help achieve the Union’s policy objectives, the measures proposed in the context of this plan should, where relevant, take advantage of and inspire innovation-friendly regulation, in line with the innovation principle, to support a faster and more intensive transformation of the Union’s substantial knowledge assets into innovation;

Faster access to sufficient funding and the European Sovereignty Fund

19.

Highlights that new political initiatives, objectives and tasks funded through the EU budget, including both EU-wide and cross-border projects, must be financed with additional fresh money; highlights the MFF mid-term revision as a timely and unique opportunity to incorporate any new funds into the EU budget;

20.

Calls on the Commission to carry out a clear assessment of the costs and investment gaps, also taking into account the IRA and its impact on the Union as a whole and in individual Member States;

21.

Calls on the Commission and the Member States to make EU funding conditional on relevant requirements linked to public policy objectives, in particular social, environmental and financial requirements, and respect EU labour rights, standards and improved working conditions, which should be fulfilled by beneficiaries for as long as they receive public support, while ensuring fair and open competition, a level playing field between our companies, and respect for the fundamental principles on which our single market is based;

22.

Underlines that the recent geopolitical challenges the Union has been facing demonstrate that the EU must take all necessary measures to ensure its open strategic autonomy, including in defence;

23.

Highlights the need to reinforce the InvestEU programme in the upcoming MFF mid-term revision, in line with the Green Deal objectives; recalls the importance of reviewing the InvestEU Regulation (7) in order to broaden the scope of capital support and create an additional window for investments in strategic sectors in order to help enterprises besides SMEs, as well as to support those which have suffered from the impacts of the Russian invasion in Ukraine, the energy crisis, inflation and those which could be impacted further by the IRA; insists on the importance of reducing bureaucracy and streamlining application processes to increase absorption capacity;

24.

Considers it essential for the proposal on the new European Sovereignty Fund to be based on this assessment so that it responds to real needs, maps existing funds, including the Recovery and Resilience Facility and the current MFF, and utilises, to the greatest extent possible, existing funds that have not been utilised yet and to provide fresh money; insists that the fund must not be financed at the expense of cohesion funds or funds which have already been committed;

25.

Highlights that new own resources are a key enabler for the Union to implement its policy priorities; stresses that the introduction of such new own resources would assure sustainable financing of the EU budget on a long-term basis in order to avoid new EU priorities being financed to the detriment of existing EU programmes and policies; believes that introducing new own resources as agreed in the legally binding Inter Institutional Agreement of 16 December 2020 will achieve lasting benefits; in this respect, urges the Commission and the Member States involved in the negotiations on the enhanced cooperation to do their utmost to reach an agreement on the financial transaction tax before the end of June 2023; asks, in addition, the Commission to be even more ambitious and come forward with proposals for new genuine own resources;

26.

Considers that the European Sovereignty Fund should strengthen our open strategic autonomy in a comprehensive way and the green and digital transitions in a comprehensive way, that it should be integrated into the MFF as part of the in-depth revision of the current MFF, and should also mobilise private investments;

27.

Considers, furthermore, that the fund should finance cross-border energy infrastructure, avoiding lock-in effects on fossil fuels, as well as funding renewable energy production and energy efficiency, reinforcing the path towards the European Green Deal, as well as cybersecurity, industrial competitiveness, the circular economy, food security and sustainable development;

28.

Considers that the fund should also increase European investments across the Union in key strategic sectors, including, among others, health, raw materials and space; considers that these investments are key to increase our open strategic autonomy and reduce our dependencies in strategic sectors;

29.

Considers that one of the fund’s objectives is also to avoid the fragmentation caused by national schemes and ensure a truly united European response to the current crisis; highlights the multiple advantages of operating through the EU budget rather than through uncoordinated national State aid provision; stands firmly against any attempt to make State aid rules flexible while not providing a European solution to all Member States that do not have large fiscal capacities to rely on massive State aid;

30.

Insists that any new fund should be established according to the ordinary legislative procedure and be incorporated into the MFF, thereby ensuring full oversight by Parliament; considers that the MFF ceilings should be adjusted to accommodate all new funds, political initiatives, objectives or tasks funded through the EU budget; notes, in this context, that the EU budget is currently suffering from inflationary pressure;

31.

Calls on the Commission and the Council to reinforce the European instrument for temporary Support to mitigate Unemployment Risks in an Emergency (SURE) to support short-time work schemes, workers’ income and workers that would be temporarily laid-off because of the increase in energy prices;

32.

Stresses that the Member States should unleash the full potential of the existing green public procurement instruments to empower all levels of governance to make smart and strategic procurement choices and strengthen the EU’s industrial base; calls, in this regard, on the Commission to issue strategic guidance on public procurement as soon as possible; urges the Commission to develop policy solutions to encourage more sustainable procurement; considers, in this context, that the use of social and environmental award criteria by contracting authorities should be extended, as it would help to stimulate the sustainable transition in a harmonised and coordinated manner across the Member States; calls on the Commission to strongly enforce the social clause of the existing EU Public Procurement Directive (8); recalls that according to current EU law, it should also be possible to include clauses ensuring compliance with collective agreements without breaching Union law on public contracts;

33.

Is convinced that, to date, the potential for integration of innovative, social and environmental considerations of the EU Public Procurement Directive on public procurement have only partially been exploited in the EU; calls on the Member States and the Commission to make the best use of the existing rules for fostering the production and use of products made in the EU; calls for using this Directive, including innovation partnerships, to regain sovereignty over essential sectors, help foster a socially and environmentally sustainable economy, strengthen local businesses, and particularly SMEs;

34.

Encourages the Commission and the Member States to pay particular attention to the energy-intensive sectors in the REPowerEU chapters currently being developed; believes the financial support for the transition of this sector should be strengthened, if needed, in order to ensure their competitiveness and sustainability in the context of high energy prices;

State aid

35.

Is deeply convinced that the strong regulation of State aid in the single market is an essential part of Europe’s economic well-being, as it facilitates robust competition on a level playing field free of distortions;

36.

Stresses that EU State aid rules should be simplified and should allow for flexibilities in order to achieve Europe’s strategic objectives; welcomes, in this regard, the Commission’s preparatory work on a Temporary Crisis and Transition Framework, including for companies producing strategic items, such as transformative technologies, clean innovative technologies, and for energy purposes; stresses that any flexibility should be targeted, temporary, proportionate and consistent with EU policy objectives;

37.

Supports the Commission in proposing a framework on tax incentives that do not distort the single market;

38.

Stresses, however, that uncoordinated State aid rules across Europe would hamper economic recovery and jeopardise the existence of the single market; believes that State aid controls are intended to enhance consumer welfare and preserve the level playing field;

39.

Believes that the Commission must take into account the potential effect of any reform of State aid rules on the single market;

40.

Is worried about the processing time required for setting up Important Projects of common European interest, as well as about the long waiting time for Commission decisions on State aid notifications; calls on the Commission to reform and streamline the notification system so that any notification is completed within six months at the latest;

41.

Acknowledges the contribution of the EC Merger Regulation (9) to the proper functioning of the internal market and calls on the Commission to continue promoting and enforcing its core principles; at the same time, urges the Commission to accelerate efforts to deliver on its commitment to reviewing its notice on the definition of relevant market for the purposes of EU competition law, in order to adapt it to reflect increased global competition in selected key strategic sectors;

Enhanced quality jobs and skills

42.

Stresses that the European industrial strategy should contribute to strengthening the European model of a social market economy; stresses the importance of promoting gender equality and equal opportunities in this context;

43.

Calls on the Commission and the Member States to make sure that the EU industrial plan can help to achieve the just transition and its objectives, including the creation of quality jobs with fair working conditions and good pay, the promotion of collective bargaining and respect for collective agreements;

44.

Highlights the importance of access to training and the reskilling of workers in industries and sectors that need to undergo fundamental changes with a view to a green and digital transition; stresses that qualifications and certified competences provide added value to workers, improving their position on the labour market, and can be transferred in labour market transitions; calls for public policy on skills to be oriented towards the certification and validation of qualifications and competences;

45.

Welcomes the contribution of the plan to delivering a highly skilled workforce for European industry by strengthening the relevance of skills, using local pacts for skills, while supporting the development of one-stop shops and local hubs for skills development, and its ambition to harness talent within the EU, and to enhance cross-border labour mobility, as well as to attract skilled labour from non-EU countries via the European Talent Pool; calls on the Commission to put forward a plan to improve Europe’s attractiveness as a place of employment for engineers and academics;

46.

Calls for the EU industrial plan to create synergies and connections with mainstream education policies owing to the high impact of this sector; stresses the need to coordinate with the European strategy for universities in order to foster cooperation with the industrial ecosystem, in particular through the implementation of strategic research and innovation actions; stresses the importance of vocational training in order to have qualified staff with green and digital skills in industries;

47.

Emphasises the need for the plan to contribute to reaching the objectives and targets for 2030, as set out in the Digital Decade policy programme, including through creating access to employment for young people who are not in education, employment or training (NEETs) and people with lower skill levels;

48.

Draws attention to the fact that while general training uptake in the EU has been increasing steadily, it is still considerably below the target for 60 % of the adult population participating in training every year by 2030, also owing to a lack of interest and a perceived lack of need for it; stresses that skills-based compensation systems are a useful tool to increase training uptake;

Open and fair trade for resilient supply chains

49.

Recalls that one in five jobs in the Union depends on exports; calls on the Commission, the European External Action Service and the Member States to promote new economic partnerships with democratic countries, so the Union and its partners can, among other things, face climate change and the consequences of the Russian aggression together;

50.

Calls on the Commission to assess current dependencies and find alternative sources to diversify Europe’s supply chains for critical technologies and raw materials, and highlights the need to coordinate better as well as joint efforts to create resilient supply chains in order to meet the EU’s industrial needs; takes note of the upcoming proposal for a critical raw materials act;

51.

Welcomes the instruments adopted during this mandate to fight against unfair practices by trading partners, notably on public procurement and foreign subsidies; calls on the Commission to make full use of them; calls, moreover, on the Commission to adopt a stronger stance on tackling unfair global competition, such as that caused by unjustified State aid;

52.

Calls further on the Commission to propose a ‘new generation of partnerships in the world’, which would make full use of the EU’s economic and political leverage with its current trading partners to ensure the Union gets the most for its industry exports and imports, while promoting its values and standards, not least human rights and the European Green Deal; calls on the Commission to use all Europe’s trade policy instruments to promote its prosperity by seeking and creating new trade partnerships and to safeguard the single market from distortions from non-EU countries;

53.

Urges the Commission to ensure that these partnerships support the transition to green industry in the EU and in partner countries;

54.

Stresses the need for an urgent reform of the World Trade Organization (WTO) to ensure its effectiveness, preserve the rules-based global trade system, avoid a subsidy race and unfair competition, and make sure we have a functioning dispute settlement body to enforce the rules agreed on multilaterally;

55.

Underlines the importance of implementing the provisions of the Foreign Direct Investment Screening Regulation more quickly in order to create resilience and strengthen strategic supply chains;

The US Inflation Reduction Act

56.

Expresses concerns about the provisions of the US IRA, which discriminate against EU companies and urges the Commission to work with the US Administration to find a solution that is WTO-compatible within the Inflation Reduction Act Task Force; recognises, however, the act’s objective to promote clean production and innovation in clean technologies, and to accelerate climate efforts;

57.

Calls on the Commission and the Member States to swiftly assess the potential impact of the IRA on European industry and its competiveness, taking into consideration the current challenges as regards stretched supply chains and the high costs of energy, transport and raw materials;

58.

Notes that some components of the US IRA and the large amount of funding mobilised might pose challenges for transatlantic trade and investment;

59.

Calls on the Commission to work with the USA to make the IRA’s implementation as compatible with European interests as possible; calls on the Commission to ensure, in particular, that the EU is covered by the exceptions provided for in the IRA for countries which participate in free trade cooperation and that European products are eligible for tax credits the same way as US products;

60.

Calls on the Commission to work with like-minded countries to influence the implementation of the IRA, especially in strategic sectors for the European economy; underlines that the EU should be ready to file a complaint against the IRA through the dispute settlement system if the assessment shows that the IRA continues to be discriminatory in its implementation;

o o

61.

Instructs its President to forward this resolution to the Commission, the Council, the governments and parliaments of the Member States and candidate countries, the EU Agency for Fundamental Rights, the Court of Auditors, the European Committee of the Regions, the European Economic and Social Committee, for distribution to subnational parliaments and councils, the Council of Europe and the United Nations.

(1) Texts adopted, P9_TA(2022)0329.

(2) OJ L 323, 19.12.2022, p. 4.

(3) Texts adopted, P9_TA(2022)0219.

(4) Texts adopted, P9_TA(2022)0347.

(5) OJ C 425, 20.10.2021, p. 43.

(6) Directive (EU) 2022/2041 of the European parliament and of the Council of 19 October 2022 on adequate minimum wages in the European Union (OJ L 275, 25.10.2022, p. 33).

(7) Regulation (EU) 2021/523 of the European Parliament and of the Council of 24 March 2021 establishing the InvestEU Programme and amending Regulation (EU) 2015/1017 (OJ L 107, 26.3.2021, p. 30).

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

(9) Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (OJ L 24, 29.1.2004, p. 1).

11.8.2023

Official Journal of the European Union

C 283/27

P9_TA(2023)0054

Following up on measures requested by Parliament to strengthen the integrity of European institutions

European Parliament resolution of 16 February 2023 on following up on measures requested by Parliament to strengthen the integrity of the European institutions (2023/2571(RSP))

(2023/C 283/07)

The European Parliament,

—	having regard to the measures for strengthening integrity, independence and accountability adopted by its Conference of Presidents on 8 February 2023,

—	having regard to its resolution of 15 December 2022 on suspicions of corruption from Qatar and the broader need for transparency and accountability in the European institutions (1),

—	having regard to its resolution of 16 September 2021 on strengthening transparency and integrity in the EU institutions by setting up an independent EU ethics body (2),

—	having regard to the Commission President’s 2022 State of the Union address of 14 September 2022 and to the 2023 Commission Work Programme,

—	having regard to its decision of 27 April 2021 on the conclusion of an interinstitutional agreement between the European Parliament, the Council of the European Union, and the European Commission on a mandatory transparency register (3),

—	having regard to the Interinstitutional Agreement of 20 May 2021 between the European Parliament, the Council of the European Union and the European Commission on a mandatory transparency register (4),

—	having regard to the Decision of the European Parliament of 28 September 2005 adopting the Statute for Members of the European Parliament (2005/684/EC, Euratom) (5),

—	having regard to Rules 10 and 11 of its Rules of Procedure and to the Code of Conduct for Members of the European Parliament,

—	having regard to the Treaty on European Union, and in particular Article 29 thereof,

—	having regard to Rule 132(2) and (4) of its Rules of Procedure,

whereas ongoing investigations led by the Belgian authorities have uncovered substantiated suspicions of corruption, money laundering and participation in a criminal organisation involving three sitting Members of the European Parliament and one former Member, as well as other staff, in particular by Morocco and Qatar, as well as other states;

whereas on 15 December 2022, the European Parliament adopted by a large majority its resolution on suspicions of corruption from Qatar and the broader need for transparency and accountability in the European institutions; whereas the resolution called for a number of urgent measures to be adopted to strengthen the integrity, transparency and accountability of EU institutions;

C.	whereas the President of the European Parliament presented draft proposals on reforming Parliament’s ethics rules which were endorsed at a meeting of the Conference of Presidents in early January 2023;

whereas transparency and accountability are a precondition for citizens’ trust in EU institutions and whereas, therefore, corruption constitutes a serious attack on European democracy; whereas the recent revelations have led to greater public interest in the measures in place to guarantee the transparency, independence and accountability of Members of the European Parliament and in the other institutions’ measures in this area; whereas public trust in the European Parliament has been shaken by allegations of corruption by foreign interests;

E.	whereas it is key to ensure that democratic processes are not captured by private and external interests and that citizens’ rights are fully respected; whereas the EU institutions and their officials must protect the integrity of the EU’s democratic principles and values;

F.	whereas the internal monitoring and alert mechanisms of the EU institutions have dramatically failed to detect the ongoing corruption and foreign interference; whereas the existing safeguards and sanction mechanisms have proven ineffective in deterring the aforementioned criminal behaviour;

Reiterates its deep shock and condemnation of the recent allegations of corruption against current and former Members of the European Parliament and reaffirms its zero-tolerance policy on corruption in any shape and at any level; insists that the magnitude of the ongoing investigations requires Parliament and the EU institutions to react with unequivocal unity and unwavering resolve, in an inter-institutional and non-partisan manner and by taking strong and immediate measures;

Notes that not a single financial penalty has ever been imposed for a breach of the Code of Conduct of Members despite at least 26 breaches having been documented in the annual reports of the Advisory Committee on the Conduct of Members; considers it of the utmost importance to ensure that the current transparency and accountability rules are fully implemented, including financial sanctions for breaches of the Code of Conduct for Members of the European Parliament; calls for a review of the list of sanctionable activities for Members in order to help improve compliance with their obligations and responsibilities, including a revision of Rule 176 of the EP Rules of Procedure, to establish a strong and visible framework which is enforceable and dissuasive;

Notes that laws are essential to fight against corruption and criminal behaviours but cannot alone prevent criminal behaviour by individual Members, former Members, staff or officials of the European Parliament or the other Europeans institutions; insists that potential loopholes in the institutions’ rules and procedures that facilitate unlawful behaviour need to be detected and closed;

Notes that all EU institutions have mechanisms in place to address transparency and accountability; highlights that these existing mechanisms and tools need to be reviewed and revised where appropriate, including with a view to detecting vulnerability to foreign interference;

Notes that in the case of the Members and former Members under investigation, NGOs were allegedly used as vectors of foreign interference in European parliamentarism; urges a review of existing regulations with the aim of increasing transparency and accountability of NGOs, in particular related to governance, budget, foreign influence and persons of significant control; underlines that NGOs receiving money from third parties whose registration in the Transparency Register is not required need to disclose the sources of their funding by specifying the same information as all regular registrants; requests that if this information is not disclosed, any public EU funding to the NGO in question should be freezed immediately; calls for comprehensive financial pre-screening of NGOs before they are listed on the EU transparency register, the publishing of contractual agreements between the European Commission and NGOs and a clear definition of NGOs allowed to register under the transparency register and eligible to receive EU funding;

Reiterates its full support for the proposals it put forward to strengthen transparency, integrity and accountability, as set out in its resolution of 15 December 2022;

Notes that the initial proposals aimed at strengthening integrity, independence and accountability put forward by the President of the European Parliament on 8 February 2023 are a necessary first step towards acting on the urgent need for the institution to ensure the accountability, transparency and integrity of EU institutions; notes that the plan adopted by the Conference of President covers some measures voted by Parliament in December 2022 and does not exclude the consideration of other measures as part of a wider reform process; commits to follow through with all measures adopted in the December resolution and restates its ambition to take all necessary measures to guarantee the accountability, transparency and integrity of the EU institutions; commits, henceforth, to an open and transparent process in order to demonstrate to the public a strong commitment to reform and gain back citizens’ trust;

Calls for the full implementation of all measures and demands adopted in the December resolution without delay; calls for additional, more extensive measures to be taken, in particular on whistleblower protection, monitoring, reporting and oversight; calls for decisions and deliberations in regard to transparency, accountability and integrity to be taken as part of public meetings, thus ensuring accountability and oversight as a matter of principle, unless a legitimate and pressing concern requires confidentiality;

Entrusts the Special Committee on Foreign Interference in all Democratic Processes in the European Union, including Disinformation, and the Strengthening of Integrity, Transparency and Accountability in the European Parliament (INGE 2) with the task of identifying potential flaws in Parliament’s rules and of making proposals for reforms, in line with the December resolution, building on the work of and cooperating with the Committee on Constitutional Affairs and the best practices of other parliaments;

10.

Reiterates, in particular, its long-standing call for the Commission to put forward a proposal to set up an independent and effective ethics body as soon as possible, in line with Parliament’s resolution of 16 September 2021; deplores the fact that the Commission has still not made such a proposal, despite its inclusion by the Commission President in the mission letter of Commissioner Věra Jourová in 2019, and regrets that the action plan of the President of the European Parliament does not include any measures to speed up the process; urges the Commission to come forward with its proposal to establish an independent ethics body by March 2023 at the latest, in line with Parliament’s resolution of February 2022 on the establishment of an independent ethics body;

11.

Regrets that the measures adopted do not include proposals for a credible reform of the Advisory Committee on the Conduct of Members; commits to reforming the Advisory Committee in line with its proposal for an independent ethics body, until the independent EU ethics body is able to take over the Advisory Committee’s current role, allowing it to scrutinise Members on its own initiative, allowing substantiated complaints to be raised by anyone, introducing proactive checks of Members’ declarations of interests and ensuring a more effective, transparent system of stricter sanctions against Members and former Members;

12.

Recommends additional vetting for parliamentary assistants and staff working on sensitive policy fields, particularly in foreign affairs, security and defence; is of the opinion that the staff working in such fields could be considered as politically exposed persons according to the definition in the Anti-Money Laundering Directive; is of the opinion that trips paid for by third countries should be subject to prior approval by a dedicated body of the European Parliament;

13.

Considers essential the introduction of a ‘cooling-off period’ for Members for a period of six months immediately following the end of their respective mandates and believes that the period should be defined taking into account rules applicable for example to former Commissioners when taking up lobbying activities related to the European Parliament;

14.

Commits to guaranteeing adequate resources for the secretariat of the Transparency Register to ensure that the entries on the lobbying activities of interest groups, lobbies and NGOs can be checked for accuracy and that lobbying becomes more transparent;

15.

Calls for a ban on Members carrying out remunerated side activities that could create a conflict of interest with their mandate;

16.

Welcomes the measures adopted to increase the transparency of financial declarations by Members, which require more information on Members’ side-jobs and outside activities, including the exact amount of side-income they earn and the clients on whose behalf they work for payment; reiterates its call for the consideration of additional safeguards against corruption, such as a declaration of assets by Members at the beginning and the end of each mandate;

17.

Calls for the extension to accredited parliamentary assistants and staff of the obligation for Members working on specific reports or resolutions, or in situations in which Members have an active role and clear and immediate influence in the evolution of specific files, to declare all scheduled meetings with diplomatic representatives of third countries and third parties covered by the scope of the Transparency Register, except in specific cases such as when the naming of an individual or organisation would undermine the protection of the life or the integrity of any individua, l when other compelling reasons of public interest require confidentiality, for meetings with natural persons acting in a strictly personal capacity and not in association with others,; or for spontaneous meetings or meetings of a purely private or social character;

18.

Notes that in its December resolution, Parliament called for a revision of the Staff Regulations, in particular Article 22(c) thereof, in order to align it with the standards of the Whistleblower Directive; reiterates this call and calls, furthermore, for the revision of the whistleblower rules applicable to assistants;

19.

Welcomes the measures adopted with regard to representatives of Qatar following the revelations; reiterates, however, its deep concern about the allegations of bribery by Moroccan authorities and calls for the implementation of the same measures for representatives of Morocco; reiterates its commitment to fully investigate and address cases of corruption involving countries seeking to buy influence in Parliament;

20.

Reiterates with utmost determination that the European Parliament should continue to speak up against human rights violations;

21.

Deplores the use of the corruption scandal to launch a misguided smearing campaign against NGOs and spread misinformation on the lack of transparency of their funding; reiterates its unwavering support for civil society organisations that speak up for human rights and the environment in full respect of transparency and integrity rules of the European institutions;

22.

Believes that the existing ethical framework for Commissioners must be expanded in order to close existing legislative gaps, such as the absence of a Commissioners’ statute; underlines that this process is closely linked with parliamentary scrutiny and oversight; is therefore of the opinion that any such Commissioners’ statute must be drawn up in accordance with the ordinary legislative procedure; calls on the Commission to present a proposal for a Commissioners’ statute as part of the package on the defence of European democracy;

23.

Calls on the Commission and the Council to cooperate with Parliament on working towards carrying out the reforms needed to ensure prevention and preparedness, to reinforce the transparency and accountability of EU institutions and to fight against corruption;

24.

Supports urgent action to implement all measures already endorsed by Parliament; calls on the INGE 2 Committee and Parliament’s other responsible bodies to revise the rules on ethics as soon as possible, and at the latest before summer, and calls for a public assessment of progress made within six months;

25.

Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy and the governments and parliaments of the Member States and the Bureau of the European Parliament.

(1) Texts adopted, P9_TA(2022)0448.

(2) OJ C 117, 11.3.2022, p. 159.

(3) OJ C 506, 15.12.2021, p. 127.

(4) OJ L 207, 11.6.2021, p. 1.

(5) OJ L 262, 7.10.2005, p. 1.

11.8.2023

Official Journal of the European Union

C 283/34

P9_TA(2023)0056

One year of Russia’s invasion and war of aggression against Ukraine

European Parliament resolution of 16 February 2023 on one year of Russia’s invasion and war of aggression against Ukraine (2023/2558(RSP))

(2023/C 283/09)

The European Parliament,

—	having regard to its previous resolutions on Ukraine and on Russia, in particular since the escalation of Russia’s war against Ukraine in February 2022,

—	having regard to the Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part (1), and to the accompanying Deep and Comprehensive Free Trade Area between the European Union and Ukraine, signed in 2014,

—	having regard to the UN Charter, the Hague Conventions, the Geneva Conventions and the additional protocols thereto and to the Rome Statute of the International Criminal Court,

—	having regard to Ukraine’s application for EU membership of 28 February 2022 and the European Council’s consequent granting of candidate status on 23 June 2022 based on a positive assessment by the Commission and in line with the views expressed by the European Parliament,

—	having regard to the joint statement following the 24th EU-Ukraine Summit of 3 February 2023,

—	having regard to the European Council conclusions of 9 February 2023,

—	having regard to the speech given by the President of Ukraine Volodymyr Zelenskyy upon his visit to Parliament on 9 February 2023,

—	having regard to Rule 132(2) and (4) of its Rules of Procedure,

whereas Russia has been carrying out an illegal, unprovoked and unjustified war of aggression against Ukraine since 24 February 2022; whereas this war of aggression constitutes a blatant and flagrant violation of the UN Charter and of the fundamental principles of international law; whereas Ukraine has suffered from Russian aggression ever since protests broke out in November 2013 against the decision by the then president to suspend the signing of the EU-Ukraine Association Agreement; whereas Russia’s actions in Ukraine over the past year continue to threaten peace and security in Europe and worldwide;

whereas Russia’s forces have conducted indiscriminate attacks against residential areas and civilian infrastructure; whereas thousands of civilians, including hundreds of children, have already been murdered and many more have been tortured, harassed, sexually assaulted, kidnapped or forcibly displaced; whereas this inhumane conduct by Russian forces and their proxies is in total disregard of international humanitarian law; whereas on 30 September 2022, Russia unilaterally declared its annexation of the partly Russian-occupied Ukrainian oblasts of Donetsk, Kherson, Luhansk and Zaporizhzhia, in addition to its previous annexation of the Crimean peninsula; whereas Russia’s attempt to ethnically cleanse occupied parts of Ukraine has included mass atrocities; whereas Russia aims to destroy Ukraine’s national identity and erase Ukrainian culture and statehood;

whereas millions of Ukrainians have been displaced inside and outside Ukraine, having fled from Russia’s aggression; whereas Russia’s continued aggression against Ukraine will keep forcing people to flee their homes; whereas Russia’s war crimes will leave a generation of Ukrainian children traumatised and millions of Ukrainian civilians and military personnel requiring treatment for mental distress, depression, anxiety and post-traumatic stress disorder;

whereas the liberation of Ukrainian territories has led to the discovery of overwhelming evidence of structural and widespread human rights violations and war crimes committed by Russian forces and their proxies, such as summary executions and burials in mass graves, rape and other forms of sexual violence, torture, the use of civilians as human shields, the forced displacement of civilians (including children) to Russia, the destruction of ecosystems, the use of explosive weapons with wide-area effects, including illegal cluster munitions in densely populated areas, and the targeted destruction of civilian infrastructure, including hospitals, homes and schools;

E.	whereas women and girls are particularly at risk during humanitarian and displacement crises, as they continue disproportionately to be the victims of gender-based violence;

F.	whereas the Russian blockade of Ukraine’s grain exports over the last year has created the risk of famine for many millions of people inside and outside Ukraine, which is reminiscent of the Holodomor;

whereas Russia’s war of aggression shows its colonial attitude towards its neighbours; whereas as long as Russia remains an imperial state, it will continue its efforts to maintain the ever-looming threat of aggression on the European continent; whereas numerous international actors have recognised Russia as a state sponsor of terrorism and a state which uses means of terrorism, which should now be followed by concrete measures;

whereas Ukraine is now a recognised candidate for membership of the European Union and has received massive support in all areas from the EU, including unprecedented military support; whereas since February 2022, the overall assistance pledged to Ukraine by the EU, its Member States and European financial institutions amounts to at least EUR 67 billion, including military assistance;

I.	whereas despite the Russian aggression and the precarious socio-economic situation, the Government of Ukraine has managed to achieve some success in its continued decentralisation and democratisation reforms;

J.	whereas the Russian war of aggression is the largest military conflict on the European continent since the end of the Second World War and reflects the growing conflict between authoritarianism and democracy;

Reiterates its unwavering solidarity with the people and leadership of Ukraine and its support for the independence, sovereignty and territorial integrity of Ukraine, within its internationally recognised borders;

Reiterates its strongest condemnation of Russia’s illegal, unprovoked and unjustifiable war of aggression against Ukraine. as well as of the involvement of the regime in Belarus; demands that Russia and its proxy forces cease all military actions, in particular their attacks against residential areas and civilian infrastructure, and that Russia withdraw all military forces, proxies and military equipment from the entire internationally recognised territory of Ukraine, end its forced deportations of Ukrainian civilians and release all detained Ukrainians;

Pays tribute to the brave people of Ukraine, rightful laureates of the 2023 Sakharov Prize for Freedom of Thought, who are courageously defending their country, sovereignty, independence and territorial integrity, while also defending freedom, democracy, the rule of law and European values against a brutal regime that seeks to undermine our democracy and weaken and divide our Union;

Expresses its deepest condolences to the families and loved ones of the courageous defenders who have sacrificed their lives in defence of Ukraine, its people, freedom and democracy; calls for continuous and increased support from the EU and its Member States for the treatment and rehabilitation of injured defenders of Ukraine;

States its resolve to contribute to maintaining the Ukrainian people’s spirit of resilience and faith in a better future in which peace will reign in Ukraine and Europe, no part of Ukrainian territory will be under Russian occupation and no Ukrainian or other citizen will feel threatened or under attack for their wish to live in peace, safety and prosperity and with respect for European values and principles;

Praises the solidarity shown by EU citizens, civil society, Member States and the EU itself towards Ukraine and its people; supports the continuous extension of the Temporary Protection Directive (2) for persons fleeing Ukraine as a consequence of Russia’s war of aggression against Ukraine;

Believes that the outcome of the war and the stance taken by the international community will play a crucial role in affecting future action by other authoritarian regimes, which are closely observing the course of the war;

Underlines that the main objective for Ukraine is to win the war against Russia, understood as its ability to drive all the forces of Russia, its proxies and allies out of the internationally recognised territory of Ukraine; considers that this objective can be met only through the continued, sustained and steadily increasing supply of all types of weapons to Ukraine, without exception;

Demands that Russia permanently cease violating or threatening the sovereignty, independence and territorial integrity of Ukraine and other neighbouring countries; stresses that Russian aggression is not limited to Ukraine, as it has a detrimental security and economic impact on all the EU’s Eastern Partnership countries, in particular the Republic of Moldova, which is constantly facing Russian political blackmail, security threats and provocations aimed at destabilising the government and undermining democracy and that threaten to derail the country’s European path; takes note of the recent statement by President of the Republic of Moldova Maia Sandu concerning the risk of a coup d’état in the country; calls for the EU and its Member States to continue supporting the Republic of Moldova, as its vulnerabilities could weaken Ukraine’s resilience and affect Europe’s security; calls for the EU and its Member States to promote solidarity and cooperation under the EU’s Eastern Partnership Initiative, using all necessary resources to respond adequately to emerging threats and to ensure the stability and prosperity of the region;

10.

Underlines that President Putin, other Russian leaders and their Belarusian allies who planned and gave the relevant orders to start this war of aggression against Ukraine must be held accountable for the crime of aggression they have committed; insists further that those accomplices enabling the Russian regime must also be held accountable for their role in Russia’s war of aggression;

11.

Reiterates its call on the Commission, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) and the Member States to support accountability for the crimes committed during Russia’s war of aggression against Ukraine, especially the crime of aggression, war crimes, crimes against humanity and alleged genocide; reiterates, therefore, its call on the Commission, the VP/HR and the Member States to work together with Ukraine and the international community on setting up a special tribunal to investigate and prosecute the crime of aggression committed against Ukraine by Russia’s leaders and their allies;

12.

Calls on the VP/HR, the European External Action Service (EEAS) and the Member States and their diplomatic services to continue working as closely and intensely as possible with international partners to increase the unity of the international community in condemning and countering Russia’s war of aggression and in establishing accountability for war crimes, crimes against humanity and the crime of aggression; reiterates its full support for the work of the International Criminal Court in helping to end impunity for the perpetrators of the most serious crimes of concern to the international community;

13.

Condemns, in the strongest possible terms, the use of sexual and gender-based violence as a weapon of war and stresses that this constitutes a war crime; calls for the EU and host countries of women and girls who have fled Ukraine to guarantee access to sexual and reproductive health and rights services, particularly emergency contraception, including for survivors of rape, and to support the provision of these services in Ukraine;

14.

Underlines the continued need to provide humanitarian aid to Ukraine, as well as to address the needs of the millions of people displaced from and within Ukraine, in particular those belonging to vulnerable groups; reiterates that the continued forced relocation and deportation of Ukrainian children, including those from institutions, to Russia and their forced adoption by Russian families is in breach of Ukrainian and international law; underlines that forcibly transferring children of a group to another group constitutes the crime of genocide, according to the Article II of the Convention on the Prevention and Punishment of the Crime of Genocide; calls on the international community, in this regard, to support the Ukrainian authorities’ efforts to collect, document and preserve evidence of the human rights violations committed during the Russian war against Ukraine;

15.

Welcomes and fully endorses the statement by President Zelenskyy in his address to the European Parliament that ‘This is our Europe. These are our rules. This is our way of life. And for Ukraine, it’s a way home’; reaffirms its commitment to Ukraine’s membership of the European Union; reiterates its call for innovative, complementary and flexible interaction between the ongoing work on the implementation of the Association Agreement in force and the accession negotiation process, thus allowing for Ukraine’s gradual integration into the EU single market and sectoral programmes, including access to EU funds in the respective areas, so that Ukrainian citizens can reap the benefits of accession throughout the process and not only upon its completion;

16.

Underlines that the Russian war of aggression has fundamentally changed the geopolitical situation in Europe, which necessitates bold, brave and comprehensive political, security and financial decisions by the EU; reiterates, in this context, its support for the European Council’s decision to grant EU candidate status to Ukraine; calls on Ukraine, the Commission and the Council to work towards the start of accession negotiations this year; believes that Ukraine’s membership of the EU represents a geostrategic investment in a united and strong Europe and that it equates to showing leadership, resolve and vision;

17.

Welcomes the European Council’s decision to grant EU candidate status to Ukraine; underlines that accession to the EU must take place in accordance with Article 49 of the Treaty on European Union, based on respect for the relevant procedures and conditional upon the fulfilment of the established criteria, in particular the so-called Copenhagen criteria for EU membership, and remains a merit-based process that requires the adoption and implementation of relevant reforms, in particular in the areas of democracy, the rule of law, human rights, a market economy and implementation of the EU acquis; calls on the Ukrainian Government to continue to strengthen local self-government, a reform that has received significant national and international acclaim, and to embed the success of the decentralisation reform in the overall architecture of Ukraine’s repair, recovery and reconstruction processes;

18.

Reaffirms its support for providing military aid to Ukraine for as long as necessary; recognises the efforts made by the Member States in providing and by the VP/HR in coordinating military support to allow Ukraine to exercise its legitimate right to defend itself against Russia’s war of aggression; reiterates its call on the Member States to nevertheless substantially increase and accelerate their military support with a view to not only allowing Ukraine to defend itself against Russian attacks, but also to enabling it to regain full control over its entire internationally recognised territory; calls on the Member States, the US, the UK and Canada to swiftly deliver on their pledge to provide Ukraine with modern battle tanks; underlines the importance of maintaining close coordination and unity among Ukraine’s allies on the analysis of critical requests by the Ukrainian authorities for heavy weaponry and advanced air-defence systems; calls for serious consideration to be given to supplying Ukraine with Western fighter jets, helicopters and appropriate missile systems and to substantially increasing munitions deliveries;

19.

Calls on the Council to maintain its sanctions policy against Russia and Belarus, while monitoring, reviewing and enhancing its effectiveness and impact; calls on the Commission and the Member States to ensure the swift implementation and strict enforcement of all sanctions; calls on the Council to adopt its 10th sanctions package by the end of February 2023, to substantially broaden the scope of the sanctions, in particular those on the economy and the energy sector by prohibiting imports of Russian fossil fuels, uranium and diamonds, and those against persons and entities, to sanction all persons associated with the so-called Wagner Group and other Russian-funded armed groups, militias and proxies, including those active in the occupied territories of Ukraine, and for the Nord Stream 1 and 2 pipelines to be completely abandoned in order to stop financing Putin’s war machine with EU money; calls on all Member States to remain united in their response to the Russian war of aggression against Ukraine and on all EU candidate countries and potential candidates to align with the EU’s sanctions policy;

20.

Asks the Commission for an impact assessment on the effectiveness of sanctions on the Russian war effort and on the circumvention of sanctions; recalls that the violation of restrictive measures has been added to the EU list of criminal offences;

21.

Calls on the EU and its Member States to take further action to continue the international isolation of the Russian Federation, including with regard to Russia’s membership of international organisations and bodies such as the United Nations Security Council;

22.

Is deeply concerned about reports that several third countries are collaborating with Russia to help it circumvent sanctions, including reports that Iran and North Korea have been continuously supplying military equipment to Russia and that Chinese state-owned defence companies are shipping dual-use equipment, navigation equipment, jamming technology and fighter aircraft parts to Russia and reports of ‘shadow tanker’ activities, and asks the Commission to guarantee that no gas imports from third countries, such as Azerbaijan, could be whitewashing Russian gas under European sanctions; calls for the EU, the Member States and their allies to strengthen the effectiveness of the sanctions already imposed, to take urgent steps to block any attempt to circumvent these sanctions and to work on a secondary sanctions mechanism that would close any loopholes; condemns those countries that are helping Russia to avoid the effects of the sanctions imposed and calls for the EU to rigorously prosecute companies, associations and individuals who participate in the circumvention of sanctions;

23.

Calls on the Commission and the co-legislators to complete the legal regime allowing for the confiscation of Russian assets frozen by the EU and for their use to address the various consequences of Russia’s aggression against Ukraine, including the reconstruction of the country and compensation for the victims of Russia’s aggression; underlines its conviction that once the war ends, Russia must be obliged to pay reparations imposed on it to ensure that it makes a substantial contribution to the reconstruction of Ukraine;

24.

Reiterates its condemnation of the recent decision of the International Olympic Committee (IOC) to allow Russian and Belarusian athletes to compete in qualifications for the Paris 2024 Olympic Games under a neutral flag, which runs counter to those countries’ multifaceted isolation and will be used by both regimes for propaganda purposes; calls on the Member States and the international community to exert pressure on the IOC to reverse this decision, which is an embarrassment to the international world of sport, and to adopt a similar position on any other sport, cultural or scientific events;

25.

Calls for the EU and its Member States to actively support the diplomatic efforts made by the International Atomic Energy Agency (IAEA), which has proposed setting up a nuclear safety and security protection zone around Ukraine’s Zaporizhzhia Nuclear Power Plant; stresses the importance of preserving the integrity of infrastructure and ensuring easy access to nuclear sites for the IAEA mission; calls for the EU institutions and Member States to ban Rosatom from ongoing investments in critical infrastructure in the EU and for all its activities in the EU to be stopped;

26.

Calls for the EU institutions to extend the opportunities for Ukrainian elected representatives and officials to study and observe the work of the EU institutions; calls for procedures to be launched to establish the Eastern Partnership Academy for Public Administration;

27.

Calls for the EU and its Member States to work strategically and proactively to counter hybrid threats and to prevent Russia’s interference in political, electoral and other democratic processes in Ukraine and in the EU, in particular malicious acts aimed at manipulating public opinion and undermining European integration; calls for the EU and its Member States to increase resilience against disinformation and disruptive campaigns designed to undermine democratic processes and create divisions in Ukraine and in the EU and to close the gap by ensuring that European broadcasting companies and television channels do not provide services to any sanctioned Russian television channels nor contribute to the spread of Russian disinformation content;

28.

Calls on the UN General Assembly to keep Russia’s war of aggression against Ukraine on its agenda and calls on the EU’s partners around the world to continue to provide political and humanitarian support for Ukraine as it defends its independence, sovereignty and territorial integrity; calls on the EEAS and the Member States to increase their engagement with world leaders from other regions with regard to support for Ukraine and to strengthen international pressure on the Russian regime;

29.

Expresses its gratitude to the countries that have shown unprecedented unity, solidarity and support for Ukraine since the first hours of the war and continue to do so;

30.

Expresses its solidarity and support for the courageous people in Russia and Belarus protesting Russia’s war of aggression against Ukraine; demands that Member States protect and grant asylum to Russians and Belarusians being persecuted for speaking out against or protesting the war, as well as Russian and Belarusian deserters and conscientious objectors;

31.

Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the governments and parliaments of the Member States, the President, Government and Verkhovna Rada of Ukraine, the United Nations, the International Olympic Committee and the Russian and Belarusian authorities.

(1) OJ L 161, 29.5.2014, p. 3.

(2) Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof (OJ L 212, 7.8.2001, p. 12).

11.8.2023

Official Journal of the European Union

C 283/40

P9_TA(2023)0057

European Central Bank — annual report 2022

European Parliament resolution of 16 February 2023 on the European Central Bank — annual report 2022 (2022/2037(INI))

(2023/C 283/10)

The European Parliament,

—	having regard to the European Central Bank (ECB) Annual Report 2021,

—	having regard to the ECB’s feedback of 28 April 2022 on the input provided by the European Parliament as part of its resolution on the ECB Annual Report 2020,

—	having regard to the ECB climate action plan of 4 July 2022 to further incorporate climate change into its monetary policy operations,

—	having regard to the ECB staff macroeconomic projections of 8 September 2022 for the euro area,

—	having regard to Eurostat’s flash estimate of 30 September 2022,

—	having regard to the results of the ECB climate risk stress test of 8 July 2022,

—	having regard to the Commission’s Summer 2022 economic forecast,

—	having regard to the 2022 World Economic Outlook of the International Monetary Fund (IMF),

—	having regard to the Eurobarometer survey of June-July 2022,

—	having regard to its resolution of 14 March 2019 on gender balance in EU economic and monetary affairs nominations (1),

—	having regard to the Paris Agreement adopted under the UN Framework Convention on Climate Change,

—	having regard to Articles 123(1), 125, 127(1) and (2), 130, 282(2) and 284(3) of the Treaty on the Functioning of the European Union (TFEU),

—	having regard to the monetary dialogues with the President of the ECB, Christine Lagarde, of 7 February, 20 June, 26 September and 28 November 2022,

—	having regard to the ECB Governing Council’s approval of the Transmission Protection Instrument on 21 July 2022,

—	having regard to the ECB Governing Council’s monetary policy decisions to raise ECB interest rates in July, September, November and December 2022,

—	having regard to the ECB report of 29 September 2022 on the progress made during the investigation phase of a digital euro,

—	having regard to the European Pillar of Social Rights,

—	having regard to its resolution of 19 May 2022 on the social and economic consequences for the EU of the Russian war in Ukraine — reinforcing the EU’s capacity to act (2),

—	having regard to Articles 3 and 13 of the Treaty on European Union (TEU),

—	having regard to Rule 142(1) of its Rules of Procedure,

—	having regard to the report of the Committee on Economic and Monetary Affairs (A9-0022/2023),

whereas according to the ECB baseline projections of September 2022, economic growth will decline from 3,1 % in 2022 to 0,9 % in 2023, before recovering to 1,9 % in 2024 in the baseline scenario; whereas certain core assumptions of that forecast are already outdated; whereas the outlook for euro area activity is highly heterogeneous across countries and surrounded by a high degree of uncertainty, related to the development of the war in Ukraine and the energy crisis, with a number of independent forecasts predicting a recession;

B.	whereas Russia’s unprovoked, immoral and unjustified war of aggression against Ukraine has severely hit confidence, caused energy and food prices to soar and, in conjunction with other supply-side disruptions in China, compounded existing supply chain pressures;

C.	whereas the primary objective of the ECB is to maintain price stability, which it has defined as 2 % inflation over the medium term;

D.	whereas according to the ECB projections of September 2022, headline inflation is expected to fall from 8,1 % in 2022 to 5,5 % in 2023 and 2,3 % in 2024; whereas 2,3 % is still slightly above the ECB target rate;

whereas according to Eurostat the unemployment rate in July 2022 was 6 % in the EU and 6,6 % in the euro area, varying unevenly across the EU and within Member States and with unemployment rates among young people remaining much higher (14 % in the EU and 14,2 % in the euro area); whereas the high youth unemployment rate remains a serious issue to be tackled in the EU;

F.	whereas acting within its mandate, the ECB has committed to contributing to the objectives of the Paris Agreement; whereas climate change can hamper the effectiveness of monetary policy, affect growth and increase price and macroeconomic instability;

G.	whereas the functioning of the monetary policy transmission mechanism is a precondition for the ECB to be able to deliver on its price stability mandate;

H.	whereas the euro’s external value in comparison to the US dollar has significantly deteriorated over the past couple of months; whereas energy and energy derivatives are traded in US dollars and the euro exchange rate’s depreciation against the dollar further contributes to inflation;

I.	whereas according to the June-July 2022 Eurobarometer survey, public support for the European economic and monetary union with one single currency, the euro, is at its highest level ever, at 80 % in the euro area and 72 % in the EU as a whole;

J.	whereas the ECB is accountable to the European Parliament as the institution representing EU citizens;

General overview

Is deeply concerned by the unprovoked Russian war of aggression on Ukraine and by its serious, unpredictable and long-lasting repercussions for the European economy and society, especially for the most exposed and vulnerable groups such as small and medium-sized enterprises (SMEs) and lower income households;

Highlights that unprecedented crises demand unprecedented, innovative and bold decisions on monetary policy;

Understands the uncertainty and complex environment that drive monetary policy; expresses its deep concern about the historic high levels of inflation; welcomes the determination of the ECB to be ready to take action when needed to safeguard financial stability;

Recalls that the ECB’s primary mandate is to ensure price stability;

Recognises that the ECB could bring down prices by strongly reducing aggregate demand via its monetary policy tools, while acknowledging that this would increase the risk of a negative impact on growth and employment;

Notes that current inflation is mainly supply-driven, in particular by energy and food prices, which are now impacting core inflation;

Notes further that traditional monetary policy tools have limited influence in addressing inflation that is mainly supply-driven;

Highlights that the statutory independence of the ECB, as laid down in the Treaties, is a prerequisite for it to fulfil its mandate;

Welcomes the Republic of Croatia’s accession to the euro area as the 20th member country as of January 2023;

10.

Notes that fiscal and monetary policies have reinforced each other during the pandemic, with all EU institutions and Member States working together within their mandates, thereby preventing a repetition of the experience during the 2008 financial crisis and recalls the lessons learnt from its causes and the response to it; stresses that maintaining price stability today requires even closer coordination of fiscal and monetary policies, as addressing supply-side shocks requires greater supply-chain resilience and energy reforms, including a shift towards more renewables and a predictable investment framework; agrees with President Lagarde’s warning that ‘it is essential that fiscal support used to shield … households from the impact of higher prices is temporary and targeted. This limits the risk of fuelling inflationary pressures, thereby also facilitating the task of monetary policy to ensure price stability, and contributing to preserving debt sustainability’ (3);

11.

Welcomes President Lagarde’s statement that the current geopolitical crisis requires us to progress on EU fiscal integration; welcomes the ECB’s long-standing support for the swift completion of the banking union and stresses the risks caused by serious delays; notes the ECB’s support for the establishment of a fully-fledged European deposit insurance scheme; acknowledges that risk-sharing and risk-reduction are interlinked and that institutional protection schemes play a key role in protecting and stabilising member institutions; welcomes the progress made so far in reducing non-performing loans;

12.

Calls on the ECB to continue monitoring developments and publishing information on the international role of the euro on a regular basis; underlines that strengthening the role of the euro requires the deepening and completion of the European economic and monetary union in order to reduce the actual and perceived vulnerability of the euro area to macroeconomic shocks; notes that making the euro more attractive as a reserve currency will further enhance its international use and increase the EU’s ability to frame its policy stance independently, which is a key element in safeguarding European economic sovereignty;

Monetary policy

13.

Is alarmed that euro area inflation has reached record levels with average inflation for 2022 at 8,4 %; stresses that headline inflation rose to a record high of 10,6 % in October 2022 and fell to 9,2 % by December 2022; stresses that energy is by far the most significant driver of inflation (40,8 %), followed by food prices (11,8 %); notes that the ECB forecasts a headline inflation rate of 6,3 % in 2023, 3,4 % in 2024 and 2,3 % in 2025, with risks on the upside due mainly to disruptions in the supply of energy and food; notes that inflation is currently much higher than the ECB’s target rate of 2 %; notes that core inflation is currently at 5,2 %; recalls that the ECB’s primary mandate is to ensure price stability;

14.

Recalls that the ECB strategy review reconfirmed the medium-term orientation of inflation targeting, setting a symmetric 2 % inflation target over the medium term; calls on the ECB to faithfully target inflation over this medium-term horizon, including during the current time of crisis; invites the ECB to define the concept of ‘medium term’;

15.

Takes note of recent ECB monetary policy decisions to raise rates by 50 basis points in July, 75 basis points in September, 75 basis points in November, 50 basis points in December 2022 and 50 basis points in February 2023; notes that the current interest rate stands at 3,0 %; takes note of President Lagarde’s statement that the ECB intends ‘to raise interest rates further over the next several meetings until inflation has come down to its target level’; notes that nominal interest rates remain below the neutral rate;

16.

Notes that the ECB has tools at its disposal with a view to reducing aggregate demand in order to reduce inflation to its target level over the medium term; is concerned about the implications of such policy decisions for growth and employment, to be addressed by the proportionality assessment; invites the ECB to reflect on a more balanced and gradual adjustment of policy, given the high level of uncertainty; calls for more justification of any future policy rate decisions;

17.

Recalls that the Russian aggression in Ukraine and dependence on imported fossil fuels are responsible for much of the recent substantial increase in prices, with headline inflation reflecting the sharp rise in oil and gas prices; notes that current inflation is mainly supply-driven; further notes that traditional monetary policy tools have limited influence in tackling inflation that is mainly driven by energy and food prices; notes the ECB’s repeated acknowledgement that raising interest rates will not bring down energy prices or affect inflation in the short term;

18.

Is gravely concerned about the risk of fragmentation given the divergences in inflation levels among euro-area countries, from 25,2 % in Estonia to 6,6 % in France in August 2022; believes this imperils the singleness of the ECB’s monetary policy and its transmission;

19.

Is concerned that ‘profits have recently been a key contributor to total domestic inflation, above their historical contribution’, as noted by Executive Board member Isabel Schnabel (4); calls on the ECB to regularly publish data on the contribution of profits to inflation; notes that monetary policy is not the right response to this contributor to inflation, namely excessive market power, which is better addressed by other policies;

20.

Calls on the ECB to develop a credible communication strategy backed up by swift and tangible action to signal to European citizens that inflation will come down over the medium term; is deeply concerned that consumers’ inflation expectations over the next 12 months and the median expectation for inflation over the next three years are considerably above the target level, at 5,0 % and 2,9 % respectively (5); notes with concern that this hints at inflation expectations becoming de-anchored; notes that influencing inflation expectations is given as one of the main reasons for the rate hikes by the ECB; calls on the ECB to further look into the role of inflation expectations and how they are influenced by the ECB’s announcements and action;

21.

Notes the lack of academic consensus on the role of inflation expectations in inflation outcomes;

22.

Is particularly concerned that the recent decline in the euro/US dollar exchange rate has become a major contributor to energy price inflation; observes that the euro’s recent decline against the US dollar is therefore a contributor to energy price inflation given that energy derivatives are traded in US dollars;

23.

Notes that the IMF, in its 2022 World Economic Outlook, concluded that the risks of a wage spiral are limited; notes that resilient labour markets and a certain level of catch-up to compensate for loss of purchasing power are likely to contribute to strong wage growth; calls on the ECB to monitor this risk very closely;

24.

Is concerned about the ECB’s continued reliance on private credit rating agencies for sovereign bond ratings in its collateral framework; reiterates its call on the ECB to put an end to this reliance;

25.

Stresses that an even transmission of monetary policy is vital to the achievement of the ECB’s price stability mandate; underlines that excessive divergence in sovereign yields makes credit conditions inconsistent with the uniform transmission of monetary policy; notes the ECB’s decision on 15 June 2022 to apply flexibility in reinvesting redemptions that are due under the pandemic emergency purchase programme; notes the launch of the Transmission Protection Instrument to support the effective transmission of monetary policy across the euro area;

26.

Notes that the combination of cheap targeted longer-term refinancing operations (TLTROs) and higher interest rates created the risk of allowing European banks to earn billions in extra profit; welcomes the ECB’s decision at its October meeting, preventing this arbitrage;

27.

Worries about a lack of monetary policy coordination among major central banks around the world; worries further that a simultaneous rate hikes cycle around the world will lead to an unprecedented tightening of monetary policy conditions; calls on the ECB to initiate international dialogue with other central banks;

Secondary objectives

28.

Recalls that during the monetary dialogue of November 2021, the ECB President said that ‘as part of the secondary objectives, we obviously have the economic development, we have the respect for the environment and the fight against climate change, and so on and so forth. Clearly, those have to be taken into account, particularly if those secondary objectives are stated very clearly by the other institutions, and in particular by the European Parliament’; suggests taking advantage of this resolution to provide input to the ECB on the secondary objectives (6);

29.

Recalls that, without prejudice to the objective of price stability, the TFEU requires the ECB to support the general economic policies of the Union as laid down in Article 3 TEU; points out that there is a clear hierarchy between the ECB’s objectives;

30.

Notes that ECB monetary policies aimed at delivering its primary mandate are subject to a proportionality assessment; notes that the proportionality assessment takes into account the impact of monetary policy measures on the broader economy and economic policies, addressed in this section; stresses that, where it faces a choice between different sets of policies that are equally conducive to price stability, the ECB will choose those that best support the general economic policies of the EU (7);

31.

Calls on the ECB to devote a specific chapter in its annual report to explaining how it has interpreted and acted upon its secondary objectives and to presenting the effects of its monetary policy on the EU’s general economic policies;

32.

Considers high levels of socially, environmentally and economically sustainable growth and a highly competitive social market economy aiming at full employment to be key economic goals; recalls the importance of the European Pillar of Social Rights; stresses that these objectives are best achieved when the free market operates in a stable macroeconomic environment based on predictable price levels;

33.

Underlines the pivotal role of SMEs for the EU’s economy and economic and social convergence, employment and the implementation of the twin transitions (digital and climate);

34.

Suggests that as part of its proportionality assessment, the ECB should take into consideration that the costs of its monetary policy operations should not be disproportionately borne by lower income strata and the most vulnerable groups and assess the impact of its monetary policy operations on these groups, while bearing in mind that wealth and income inequality negatively affect the effectiveness of monetary policy transmission (8);

35.

Calls on the ECB, as an independent institution, to keep refraining from politically motivated decisions in the pursuit of its mandate;

Action against climate change

36.

Notes that price stability and a stable macroeconomic environment are needed to encourage green investment and would help, among other things, to create the right conditions for the implementation of the Paris Agreement; invites the ECB to assess to what extent climate change affects its ability to maintain price stability;

37.

Recalls that the ECB, as an EU institution, is bound by the EU’s commitments under the Paris Agreement;

38.

Notes the Governing Council’s decision to take further steps to include climate change considerations in the Eurosystem’s monetary policy framework;

39.

Notes that the concept of market neutrality is related to the principle of ‘an open market economy with free competition’; invites the ECB, while respecting its independence, to address market failures and ensure the efficient allocation of resources over a long-term horizon, while remaining as apolitical as possible, respecting the market neutrality principle; notes that the ECB has already deviated from market neutrality in several instances; highlights that such decisions must not be made at the expense of achieving the ECB’s primary objective;

40.

Notes the ECB’s announcement to decarbonise its corporate bond holdings by ‘tilting’ its portfolio; stresses that the ECB’s asset-purchasing programmes constitute unconventional monetary policy which should be pursued only during unprecedented economic circumstances; stresses furthermore that these holdings are a by-product of the past fight against low inflation and that making investments is not an objective of monetary policy;

41.

Notes, furthermore, the announcement on the greening of the ECB’s collateral framework, which will help reduce financial risk on the ECB’s balance sheet;

42.

Welcomes the ECB’s announcement to further enhance the Eurosystem’s risk assessment tools and capabilities in order to better include climate- and environment-related risks, such as through their in-house credit assessment systems; welcomes in particular the ECB’s engagement with rating agencies to increase transparency on how they incorporate climate risks into their ratings and their ambition regarding disclosure requirements on climate risks;

43.

Welcomes the ECB’s action plan and its detailed road map of climate-change-related actions to further incorporate climate-change considerations into its policy framework and models;

44.

Welcomes the ECB climate risk stress test developed to assess the resilience of banks and corporations in the face of climate transition risk; observes that the results published on 8 July 2022 show that most banks do not have robust climate risk stress-testing frameworks and lack the relevant data; calls on the ECB to provide workable guidance and reduce red tape; notes that bank supervision should be risk-based and not guided by secondary considerations; calls on banks to step up their efforts to measure and manage climate risk;

45.

Highlights the ECB’s achievement in lowering its own carbon emissions by 10,7 % between 2020 and 2021;

Transparency, accountability, gender equality and other aspects

46.

Stresses the need to further enhance the ECB’s accountability and transparency arrangements; notes that while the ECB has enlarged its toolbox and objectives beyond price stability, its accountability practices have only partially evolved; looks forward to the formalisation, in writing, of the current accountability practices between the ECB and the European Parliament; reiterates its call for the ECB to strengthen its accountability vis-a-vis the European Parliament;

47.

Welcomes the substantial and detailed feedback provided by the ECB to Parliament’s resolution on the 2020 ECB Annual Report; calls on the ECB to continue this commitment to accountability and to keep publishing its written feedback on Parliament’s resolutions on the ECB annual reports each year;

48.

Calls on the ECB to better report on positions taken by the ECB in the Basel Committee on Banking Supervision, including in writing;

49.

Welcomes the ECB’s new communications policy, which includes more accessible ways to explain and present ECB policy decisions to citizens and stakeholders;

50.

Welcomes the attention the ECB pays to the risks of cyber-attacks; encourages the ECB to maintain this attention, especially in the light of the geopolitical context;

51.

Calls on the ECB to step up its monitoring of the development of crypto-currencies and the related risks in terms of cybersecurity, money laundering, terrorism financing and other criminal activities related with the anonymity provided by crypto-assets; notes in this context the entry into force of the Markets in Crypto-Assets Regulation;

52.

Regrets that only two members of the ECB’s Executive Board and Governing Council are women; reiterates that the nominations to the Executive Board should be gender-balanced, with shortlists submitted to Parliament; strongly regrets that instead of providing shortlists of candidates, Member States have recently nominated a number of candidates equal to the number of vacant positions; recalls that Parliament has previously committed not to consider shortlists that do not respect the gender-balance principle, in accordance with its resolution on gender balance in EU economic and monetary affairs nominations; calls on the euro area’s Member States to do their part and fully incorporate the principle of gender equality in their appointment processes in order to ensure equal opportunity for all genders for the position of governor of national central banks;

53.

Regrets that the gender imbalance also persists across the organisational structure of the ECB, notably in the share of women in senior management positions; notes that the latest available statistics on this date from 2019, and indicate that the share of women in all ECB management positions had risen to 30,3 % and in its senior management positions to 30,8 %; welcomes the ECB’s new strategy to improve gender balance, including the objective of increasing the share of women to between 40 % and 51 % by 2026; calls on the ECB to report on progress in this area as part of its annual report;

54.

Supports the ECB’s aim to increase female representation by encouraging women to advance in this field; welcomes, therefore, initiatives such as the ECB Women in Economics Scholarship;

55.

Takes note of ECB staff rules on potential conflicts of interest and encourages the ambitious application thereof; takes note, further, of the ongoing review of its ethics framework; highlights the decision of the European Ombudsman of 26 October 2022 issuing recommendations in this regard, in particular on ‘revolving doors’ at the ECB, after the recent case of a senior economist’s move to an American investment bank (9); calls on the ECB to extend the cooling-off period for senior salary tiers also to employees in lower salary bands;

56.

Calls on the ECB to develop a strategy on how to deal with lobbyists and increase the transparency of staff-level contacts beyond the Governing Council;

57.

Welcomes the fact that the number of counterfeit euro banknotes decreased in 2021 to its lowest level since 2003 (12 parts per million); calls on the ECB to step up the fight against counterfeiting and its cooperation with Europol, Interpol and the Commission in pursuit of this goal; invites the ECB, without prejudice to the Member States’ prerogatives, to create a system to better monitor large transactions with a view to combating money laundering, tax evasion and the financing of terrorism and organised crime;

58.

Welcomes the ECB’s progress on the digital euro project and welcomes the dialogue with Parliament in this regard; looks forward to the end of the 24-month investigation phase of the digital euro project and to the Governing Council reaching a decision on the start of the process of launching the digital euro, once the legal base for this is provided by the co-legislators on the basis of the upcoming proposal by the Commission;

59.

Highlights the expected benefits such as efficiency gains and increased financial inclusion; agrees with the ECB that a digital euro would have to satisfy a range of minimal requirements including robustness, safety, efficiency and protection of privacy; stresses that a digital euro could complement but must not replace cash as a means of payment;

60.

Calls on the ECB to duly consider the risks for the banking sector and overall lending to the real economy when designing the digital euro;

61.

Strongly regrets the ECB’s decision to involve Amazon in testing prototype interfaces for a digital euro; stresses that this company is a potential competitor in this field and should therefore not be placed in such a position, especially since it does not receive any monetary compensation for this assignment; stresses furthermore that outsourcing the digital euro infrastructure to a US tech company weakens the EU’s strategic autonomy;

62.

Calls for the further enhancement of the ECB’s internal whistleblowing framework, bringing it in line with the EU Whistleblower Directive (10);

63.

Suggests the establishment of an independent evaluation office modelled on that of the IMF, which could perform evaluations of ECB policies and conduct impact assessments of different policy options, without infringing on the ECB’s independence;

o o

64.

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

(1) OJ C 23, 21.1.2021, p. 105.

(2) OJ C 479, 16.12.2022, p. 75.

(3) Introductory remarks to the monetary dialogue of 26 September 2022: https://www.ecb.europa.eu/press/key/date/2022/html/ecb.sp220926_ 1~0bd6fcc86c.en.html

(4) Isabel Schnabel’s speech on the globalisation of inflation: https://www.ecb.europa.eu/press/key/date/2022/html/ecb.sp220511_ 1~e9ba02e127.en.html

(5) https://www.ecb.europa.eu/press/pr/date/2023/html/ecb.pr230112~6cfbeda491.en.html

(6) Page 15 of the transcript of the November 2021 monetary dialogue: https://www.ecb.europa.eu/press/key/date/2021/html/ecb.sp211115_annex_ 1~d1ef2075bb.en.pdf

(7) https://www.ecb.europa.eu/press/key/date/2022/html/ecb.sp220324~ 61c5afb6b9.en.html

(8) https://www.bis.org/publ/othp50.htm

(9) https://www.ombudsman.europa.eu/en/decision/en/162341

(10) 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 (OJ L 305, 26.11.2019, p. 17).

11.8.2023

Official Journal of the European Union

C 283/51

P9_TA(2023)0059

Availability of fertilisers in the EU

European Parliament resolution of 16 February 2023 on the Commission communication on ensuring availability and affordability of fertilisers (2022/2982(RSP))

(2023/C 283/12)

The European Parliament,

—	having regard to the Commission communication of 9 November 2022 entitled ‘Ensuring availability and affordability of fertilisers’ (COM(2022)0590),

—	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 (1),

—	having regard to its resolution of 20 October 2021 on a farm to fork strategy for a fair, healthy and environmentally-friendly food system (2),

—	having regard to its resolution of 10 February 2021 on the New Circular Economy Action Plan (3),

—	having regard to the Commission communication on a Temporary Crisis Framework for State Aid measures to support the economy following the aggression against Ukraine by Russia (4),

—	having regard to the Commission communication of 23 March 2022 on safeguarding food security and reinforcing the resilience of food systems (COM(2022)0133),

—	having regard to the Commission communication of 20 July 2022 entitled ‘Save gas for a safe winter’ (COM(2022)0360),

—	having regard to the Commission communication of 20 May 2020 entitled ‘A Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system’ (COM(2020)0381),

—

having regard to Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305/2013 and (EU) No 1307/2013 (5),

—	having regard to Regulation (EU) 2022/1854 of 6 October 2022 on an emergency intervention to address high energy prices (6),

—	having regard to Regulation (EU) 2019/1009 of the European Parliament and of the Council of 5 June 2019 laying down rules on the making available on the market of EU fertilising products and amending Regulations (EC) No 1069/2009 and (EC) No 1107/2009 and repealing Regulation (EC) No 2003/2003 (7),

—	having regard to Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (8) (the Nitrates Directive),

—	having regard to the Commission staff working document of 4 January 2023 entitled ‘Drivers of food security’ (SWD(2023)0004),

—	having regard to the publication of the Joint Research Centre entitled ‘Technical proposals for the safe use of processed manure above the threshold established for Nitrate Vulnerable Zones by the Nitrates Directive (91/676/EEC)’ (9),

—	having regard to the question to the Commission on the Commission communication on ensuring availability and affordability of fertilisers (O-000001/2023 — B9-0010/2023),

—	having regard to Rules 136(5) and 132(2) of its Rules of Procedure,

—	having regard to the motion for a resolution of the Committee on Agriculture and Rural Development,

A.	whereas fertilisers and nutrient management are essential to ensuring sufficient and quality food production, and play a critical role in relation to global food security; whereas today’s fertiliser shortages may affect tomorrow’s crops;

whereas the production and cost of mineral fertilisers largely depend on the availability and affordability of natural gas, while accounting for up to 2,1 % of global greenhouse gas emissions (10); whereas producing fertiliser components such as nitrogen and ammonia requires vast quantities of natural gas; whereas gas accounts for around 80 % of fertilisers’ production costs;

C.	whereas the planetary boundaries for the biogeochemical flows of the nitrogen cycle (3,3 times) and the phosphorus cycle (2 times) have been surpassed in the EU (11);

whereas, as a result of the Russian Federation’s illegal invasion of Ukraine on 24 February 2022, a global mineral fertiliser and energy crisis is threatening global food security and driving up food prices, which can potentially have a profound impact on the most vulnerable populations around the world, who are heavily dependent on access to affordable and nutritious food;

whereas, historically, a large proportion of the natural gas used to produce fertilisers in the EU has come from the Russian Federation; whereas the Russian Federation is the world’s principal supplier of fertilisers and their core components; whereas Russia has abused its dominance in gas supplies and fertilisers as a political weapon; whereas the continued high level of mineral fertiliser use risks fuelling the Russian war efforts and supporting other autocratic regimes;

F.	whereas inflation is having a major impact on the European agricultural sector, particularly as it is putting a serious strain on the current budget of the common agricultural policy (CAP);

whereas a high number of European mineral fertiliser manufacturers have downsized their operations or stopped production altogether, largely as a result of the rise in the costs of natural gas, but also owing to taxation and competition from less bureaucratic countries, leading to shortages, fertiliser price increases and lower yields arising from the inability of farmers to have access to the fertilisers they need in order to meet their production requirements and, ultimately, impacting food availability and affordability;

H.	whereas the world’s largest fertiliser manufacturers have been making record profits (12);

whereas farmers are now faced with the question of how much they can risk in their sowing and production decisions, or are even faced with the decision to stop their agricultural activity altogether, as the prices of fertilisers have been very volatile and have over the last two years risen to levels never seen before in Europe, thereby impacting the level of farmers’ income and even farm management; whereas the availability of raw materials for the production of fertilisers is not guaranteed, which might cause shortages for farms during the growing season;

whereas the increase in agricultural input costs has been a major factor in the high food commodity prices over the past two years; whereas the currently expected future prices of cereal crops for the 2023 harvest may not reflect current input costs and, as a result, returns may be below the cost of production; whereas in some Member States, particularly those in proximity to the war in Ukraine, the selling price has already not covered the production costs; whereas as a result of investing in fertilisers while prices remain high, farmers are facing risk owing to the possibility of fertiliser prices falling significantly in the short term;

whereas owing to increased liquidity requirements and the volatility of the fertiliser market, many small merchants are not in a position to risk entering the market, which is reducing competitiveness; whereas the Commission should take measures to mitigate this risk in order to enable greater competition;

whereas the farm to fork strategy for a fair, healthy and environmentally-friendly food system has set the target of reducing nutrient losses by at least 50 %, while ensuring that there is no deterioration in soil fertility; whereas Parliament, in its resolution of 20 October 2021 on the strategy, welcomed this target, also insisting on the need to ensure that there is no deterioration in soil fertility; whereas achieving this target will reduce the use of fertilisers by at least 20 % by 2030;

whereas the current crisis in the availability of mineral fertilisers underlines the fundamental role played by livestock in the balance of European agriculture in maintaining crop production by replacing and complementing mineral fertilisers; whereas there continue to be many sources of organic nutrients that are currently not utilised to the fullest, such as livestock manure, digestate, frass and sewage sludge; whereas the processing of organic nutrients to organic fertilising products can play an important role in achieving the goals of the farm to fork strategy and the Union’s climate objectives;

whereas according to the Combined Drought Indicator (CDI), including the first 10 days of August 2022, 47 % of Europe has been in warning conditions of severe drought and 17 % in alert conditions; whereas the regions affected by drought in spring 2022 have been the ones with the most worsening conditions (13);

O.	whereas the implementation of recovered nitrogen from manure (RENURE) as part of manure management systems enables a progression towards a more circular economy and increased resource efficiency in the EU food system;

P.	whereas the Commission’s own Joint Research Centre has developed criteria for the safe use of processed manure above the threshold established for Nitrate Vulnerable Zones by the Nitrates Directive;

Emphasises the reported price increase for nitrogen fertilisers by 149 % in September 2022 and welcomes the Commission communication on fertilisers and its ambition of ensuring the availability and affordability of fertilisers, with reasonable prices, for ensuring the resilience of the EU agricultural sector;

Underlines that the availability of all types of fertilisers and fertiliser production is essential for the supply of food to EU citizens and for global food security, as well as for ensuring soil fertility and avoiding soil depletion; notes that fertiliser production is also essential for the production of AdBlue for the transport sector and of CO2 for the food industry; is concerned about the unprecedented increase in nitrogen fertiliser prices, for which high natural gas prices and disrupted access to gas supplies have also been a contributing factor, and stresses that this can have a significant impact on the costs of agricultural production and the competitiveness of the EU agricultural sector;

Stresses that the limited availability of fertiliser in 2022 has led to the depletion of residual fertiliser reserves in soils, which could have a significant impact on European food production in 2023;

Considers that the measures set out by the Commission in its communication are a good start, in particular by way of an immediate response to the fertiliser crisis, but are still far from sufficient to address the distortions in fertiliser markets and to ensure long-term strategic autonomy with regard to fertilisers; calls on the Commission to develop a long-term EU fertiliser strategy and to present a long-term EU sustainable soil nutrient strategy by June 2023; calls for holistic action to be taken promptly to avoid new dependencies on imported fertilisers or energy and energy carrier imports, and to ensure global food security by promoting sustainable food production that respects the environment and is adapted to climate change, while taking into account the regional, European and global economic and social context;

Stresses that there is a need for long-term solutions at EU level, in particular to avoid any economic distortion between the Member States’ agricultural sectors;

Recalls that even short-term fertiliser unavailability or lack of affordability may jeopardise timely crop cultivation with a negative impact on farmers’ income; recalls further that this may contribute to food insecurity;

Stresses the effect the increase of input costs is having on EU agriculture and highlights that farmers from other regions such as Russia and South America have access to significantly lower fertiliser cost thus undermining the competitiveness of EU farmers;

Short-term action

Calls on the Member States and the Commission to consider making use of the agricultural reserve for the 2023 financial year to provide immediate assistance to farmers in the face of the exponentially rising fertiliser costs and the consequent increase in production costs;

Stresses, however, that the use of the crisis reserve is not a sufficient financial response to address the challenges and that a more robust response is needed to tackle the current crisis; calls on the Commission and the Member States to ensure support for farmers until the market stabilises and alternatives to mineral fertilisers become available; notes that consecutive reductions in the CAP budget, alongside inflationary pressures, have further lowered the viability of EU farmers;

10.

Calls on the Member States to prioritise, in this context, continued and uninterrupted access to natural gas and electricity at affordable prices for fertiliser and related AdBlue and CO2 production in their national emergency plans, with a view to ensuring long-term food security, competitiveness on the global market and a functioning transport sector;

11.

Fears that the support for farmers and fertiliser producers through the Temporary Crisis Framework for State Aid may pose a risk of renationalisation, fragmentation and competition between different markets and among individual farmers; stresses that common measures must be favoured and underlines the need for a level playing field and the fair distribution of supply across the Union;

12.

Recalls, in this context, that the mid-term review of the multiannual financial framework could make it possible to strengthen the CAP budget and to take into account the severe impact inflation has had on input costs and farm incomes; encourages the EU to seek alternative sources of funding outside the CAP, to develop the relevant measures to ensure the affordability and availability of fertilisers in the EU, and to alleviate the economic impact of the fertiliser deficit;

13.

Reminds the Member States of the possibility to develop, in the framework of their CAP strategic plans, specific eco-schemes to promote organic fertilisation or the greater development of optimum soil pH levels, which would require less fertiliser use and result in the maximum utilisation of limited supplies, or sectoral interventions in the ‘other sectors’ chapter, which may include, among other things, measures to stimulate the development of alternatives to mineral fertilisation, to support joint and cooperative approaches to shortage scenarios, and to apply innovation and technology to reduce fertiliser use;

14.

Recognises and gives differential support to the role played by agri-food cooperatives, owing to their logistical, organisational and economic capacity to promote local fertiliser manufacturing projects, both from livestock and alternatives to fossil fuel-based fertilisers;

15.

Calls on the Commission to support Member States in identifying solutions for the efficient use of CAP strategic plans to help address the situation of fertilisers; encourages the Member States to revise, where necessary, their CAP national strategic plans to close gaps in order to optimise and reduce fertiliser use and nutrient losses, incentivise the replacement and complementation of mineral fertiliser by nutrients from organic sources and accelerate suitable fertilisation measures, in order to secure soil fertility and optimal yields, while preventing carbon leakage in regions with inferior production standards; emphasises that these revisions should be made in a timely manner, provided that the quantity and quality of production is not reduced, and should not be counted as an amendment to their CAP national strategic plans, which is only allowed once a year; highlights the clear benefits that crop rotation with legumes can offer as a fertilisation measure in this context, given its capacity for nitrate fixation, thereby reducing the need for fertilising inputs; calls on the Commission to ensure that all Member States avail their farmers of the option to use catch crops in the context of Good Agricultural and Environmental Conditions in the CAP;

16.

Encourages the Member States to fully exploit the potential of the recently adopted Regulation (EU) 2019/1009, which revised the rules on the making available on the market of EU fertilising products and enables the opening of the EU single market to organic and bio-waste-based fertilisers by granting them access to CE marking;

17.

Calls on the Commission to update the definition of livestock manure in Union legislation by making a clear distinction between processed and non-processed manure in order to properly regulate them in view of their different compositions and risks in terms of pollution;

18.

Calls on the Commission to collect scientific evidence on the effects of fermented manure and other processed organic nutrients in terms of climate benefits and the risk of pollution to water; calls on the Commission to exploit the benefits for the environment of using fermented manure and other processed organic nutrients, if scientifically proven, by promoting their use and possibly adapting legislation;

19.

Regrets the fact that the communication does not serve to facilitate the use of organic alternatives to chemical fertilisers, such as RENURE, digestate from bio-waste obtained by the anaerobic digestion of livestock effluents, and any other effective and verified instrument, which can be used both in agriculture and in the livestock sector, and calls for Annex III to the Nitrates Directive to be amended to this end, while continuing to uphold the principles of efficiency and safety; calls, in the meantime, in the light of the current crisis, for a temporary derogation, as RENURE products and digestate have the potential to substitute chemical fertilisers without resulting in additional emissions, nitrogen losses or manure production; calls on the Commission to propose, without further delay, and at the latest in its upcoming integrated nutrient management action plan (INMAP), legislative measures to implement the legal and safe application of the criteria as developed by the Joint Research Centre to enable the safe use of RENURE above the thresholds established for Nitrate Vulnerable Zones by the Nitrates Directive;

20.

Notes that the use of frass as a fertiliser can play an important role in meeting soil nutrient requirements; calls on the Commission, in that regard, to incentivise the use of frass by removing unnecessary legislative and administrative burdens as soon as possible;

21.

Stresses that any delay in the recognition of the re-use of nutrients from processed manure under the same conditions as chemical fertilisers would prolong the lack of a level playing field between fertilising products with equal characteristics;

22.

Calls on the Commission and the Council to extend the temporary suspension of import duties to all mineral fertilisers, except for those of Russian or Belarussian origin, in order to increase the availability of fertilisers for farmers and thus have a stabilising effect on prices, and to make the European market more dynamic by improving logistics and reducing the administrative burden; underlines that the EU should not replace one dependency with another, this time with imported fertilisers, nor should it jeopardise the shift towards a low-carbon European fertiliser industry, which would result in a significant increase in CO2 emissions globally, impeding the Paris climate goals;

23.

Calls for the creation of a support mechanism for traders to manage the risk of buying fertiliser in bulk; notes the need to ensure that traders can enter the market with reduced risk through a forward buying system that protects them from accruing unsustainable levels of debt;

24.

Regrets the fact that the Commission did not put forward an impact assessment of the consequences of reducing nutrient losses by at least 50 % by 2030 and calls for immediate action to remedy this;

25.

Calls on the Commission to assess the possibility of drawing up rules for establishing a joint purchase mechanism for fertilisers at EU level;

26.

Calls on the Commission and the Council to improve the functioning of the European market for fertilisers by reducing its logistical bottlenecks and to ensure balance, particularly as regards imports, reducing the administrative burden on fertiliser imports and trade, and facilitating off-season purchases and storage by distributors and farmers;

27.

Recognises the increased liquidity needs of merchants and the necessity to make financing available through the European Central Bank to facilitate borrowing and the forward buying of fertilisers;

28.

Calls on the Commission to build strategic alliances with reliable partners to facilitate the sourcing of fertilisers in the medium term;

29.

Stresses that market manipulation is affecting fertiliser supplies and has the potential to affect the forward contracting of grain and feed, thereby leading to further food price inflation for consumers;

Medium- and long-term action

30.

Takes note of the fact that feedstock for mineral fertilisers, natural gas, phosphorus and potassium largely originates outside the EU, often from autocratic regimes, and self-sufficiency with regard to mineral fertilisers is not realistic in the short or even the medium term; calls, therefore, for a greater focus on medium- and long-term measures, including investments and new business models, that reduce or eliminate potentially harmful import dependencies and, in particular, avoid creating new such dependencies, increase the EU’s strategic autonomy in fertilisers, particularly by decarbonising and introducing renewable energy sources used for the production of green fertilisers, by granting better access to organic fertilisers and nutrients from recycled waste streams, and increasing the circularity of farming, thus strengthening the resilience of the EU agricultural sector;

31.

States that the EU’s new Carbon Border Adjustment Mechanism (CBAM) has the important objective of preventing carbon leakage, which should be combined with other EU objectives such as ensuring food security;

32.

Calls for immediate action, including ensuring proper regulations and financing, to enable the existing EU fertiliser industry to effectively and urgently decarbonise production processes, with the objective of putting an end to reliance on natural gas, while supplying renewable, fossil-free and low-carbon fertilisers to EU farmers;

33.

Notes that Russian gas, used in the production of fertilisers, contributes to the financing of the war in Ukraine; calls, therefore, for sufficient resources to be allocated as soon as possible to end dependence on this gas;

34.

Stresses the need to accelerate the process of decarbonising and increasing the sustainability and resilience of the nitrogen fertiliser industry by using fossil-free, low-carbon and renewable energies and recycled nutrients to produce fertilisers, in particular nitrogen from the composting of manure, in order to reduce the dependence on natural gas; in this regard, calls on the Commission to make new proposals to boost the deployment of small- and medium-scale biogas plants to produce fertilisers and energy all over Europe and with a strategic regional focus, in order to support farmers to create a sustainable EU value chain which will lessen the EU’s dependency on third countries; notes that the increase in the number of anaerobic digestion plants in agriculture, the main strategic purpose of which is the production of biomethane and digestate, should not take place solely at the expense of CAP funding;

35.

Calls on the Commission to propose medium- and long-term policy measures to enable the use of RENURE products, by classifying them as a substitute for chemical fertilisers based on scientific criteria, as an opportunity for farmers to reduce their dependence on chemical fertilisers and increase on-farm circularity through the valorisation of residues such as manure;

36.

Notes the potential of Europe’s offshore wind to generate electricity for hydrogen and ammonia production; calls on the Commission to investigate the feasibility of an integrated model to produce ammonia both as a sustainable fuel for maritime transport and as a sustainable fertiliser source;

37.

Calls on the Commission to present an impact assessment, comprehensively analysing the supply of nutrients to EU farming from mineral, organo-mineral and organic fertilisers, with a focus on ensuring the long-term objective of self-sufficiency in nutrient supply;

38.

Stresses the need to develop future-proofed liquefied natural gas terminals to facilitate the handling of both hydrogen and ammonia;

39.

Stresses the need to improve fertilisation and nutrient use efficiency by farmers by incentivising sustainability and optimisation, in particular through access to tailored technical advice, digitalisation, innovation, precision farming and nutrient management tools allowing for enhanced farming practices, as well as by prioritising and supporting agro-ecological practices; insists that a financial effort is needed to achieve this;

40.

Recognises the advances achieved in replacing artificial fertilisers through the developed, modern agro-ecological methods used in everyday farming on innovative holdings; calls for the dissemination of these practices through advisory services, farmer-to-farmer exchanges and schools;

41.

Calls for a stronger focus on the circular economy and agro-ecology and thus a stronger research focus, in the framework of EU research programmes, on the development of innovations, including by accelerating the use of RENURE and by supporting the rediscovery, spread and sharing, especially through farming schools and advisory services, of agro-ecological knowledge, methods and innovations, in order to develop new fertilisers or other alternatives and foster precision farming;

42.

Calls on the Commission to collect and share information and experiences from Member States on practices such as optimising the use of fertilisers, nutrient recycling and the use of alternative nutrients, while also taking into account the obstacles facing these alternatives when scaling up their use, and to detail how these difficulties can be overcome; encourages the implementation and upscaling of the Farm Sustainability Tool (FaST) at Member State level to provide EU farmers with personalised and accurate advice on nutrient management, including fertiliser requirements; supports, in this regard, the deployment of digital decision support tools, particularly in collective and cooperative settings, to overcome the limitations of small farm size;

43.

Notes the significant opportunity to reduce the Union’s collective dependency on chemical fertilisers through the more effective use of organic manure produced by livestock, nitrogen fixing crops such as clover and nutrient management techniques; calls on the Commission to financially support the use and development of these measures;

44.

Recognises that organic manure produced by livestock is a critical component in the transition to more sustainable food systems and plays a key role in many organic farming systems;

45.

Urges the Commission to diversify the sources of fertilisers and identify new, and sustainably expand existing, mineral deposits in the EU in order to reduce dependency on foreign markets and stimulate greater self-sufficiency; highlights that the EU must develop the supply of organic fertilisers and agro-ecological techniques in the long term to reduce dependency on nitrogen fertilisers;

46.

Calls for the swift adoption of legislation on new plant-breeding techniques, including in particular new genomic techniques, which will increase crop yields without increasing the need for fertilisers; calls on the Commission and the Member States to support research into and the development of new plant-breeding techniques, including new genomic techniques;

47.

Calls on the Commission to carry out a review of all disused fertiliser production capabilities in the EU and to determine where further production capacity may be possible;

48.

Supports the manufacture of green fertilisers using local resources and renewable energy, such as green ammonia;

49.

Advocates, without jeopardising the goal of food security, the use of leguminous crops to maintain and improve soil quality and calls for increased cultivation of leguminous crops at EU level in order to increase biodiversity and nitrogen fixation; calls on the Commission to present a European protein strategy in due course, with a strong focus on leguminous crops for enhanced farming practices;

50.

Emphasises the need to support soil and trace element testing at farm level; stresses that such knowledge enables farmers to plan more efficient fertilisation, cultivation and soil management actions, as well as providing the basis for a sustainable crop rotation programme; calls on the Commission to set up a ‘test your soil for free’ initiative, as announced in the EU’s soil strategy for 2030, and for technical and financial support in the form of an eco-scheme or second-pillar measure;

51.

Highlights the importance of crop rotation for soil fertility;

52.

Stresses the need to provide further financial support to farmers in employing the use of lime, clover and multi-species swards to help address our collective dependence on fertilisers and meet the targets of the farm to fork strategy;

53.

Encourages the increased use of biostimulants to optimise fertilisation by improving nutrient absorption and efficiency, to strengthen the tolerance of plant crops to abiotic stress caused by climate change impacts such as drought and extreme temperatures, and to improve their performance; calls on the Commission, in this regard, to invest in the expertise and number of experts at the disposal of the European Food Safety Authority and to improve the speed at which new biostimulants can be assessed and approved;

54.

Acknowledges that organic farming is less exposed to price increases, yet pending the transition to the use of sustainable types of fertilisers, the fertiliser industry in the EU must have access to the necessary imports, including gas, to produce fertilisers within the EU itself and to ensure that the prospects for EU harvests are not jeopardised; calls on the Commission to speed up the measures set out in its communication to address the risks and vulnerabilities identified through the European Food Security Crisis Preparedness and Response Mechanism;

55.

Encourages, in addition, the use of compost and other soil amendments to improve soil health and fertilisation, while contributing to the fight against drought, taking into account the water storage properties of these products;

56.

Notes that nitrous oxide represents a significant portion of EU agricultural emissions and therefore calls for the use and prioritisation of fertilisers without nitrous oxide emissions;

57.

Welcomes the Commission’s announcement of an INMAP; advocates recognition of the importance of a balanced crop nutrition for healthy soils and food production and an unbiased search for alternative nutrient-rich side streams and energy sources, promoting the use of all safe bio-waste and animal by-products; stresses that the INMAP should focus on improving nutrient use efficiency, encourage the development of green fertilisers and optimise the use of mineral and organic-based fertilisers via precision farming, nutrient management planning and improved storage and transport, while not imposing unnecessary additional burdens on farmers, fully respecting the regulatory limits and taking precautions against anti-microbial resistance;

58.

Notes that human waste currently represents one of major unclosed loops in the nutrient cycle, as the nutrients from sewage are mostly not returned to agricultural soils; calls on the Commission to further incentivise techniques that help retrieve nutrients from sewage sludge, including by introducing end-of-waste criteria for materials that can be recovered from sewage treatment plants, and by developing criteria for their safe application to agricultural soils;

59.

Calls for the presence of livestock on most territories to become a long-term objective of agricultural policies; believes that a more uniform availability of organic fertilisers should be part of the EU’s strategy for its agriculture;

60.

Calls for an analysis of the possibility of an extension of regional flexibility in the framework of the Nitrates Directive, bearing in mind the objective of reducing pollution; calls on the Commission to consider adopting rules on a balanced nitrogen budget per holding and exemptions from the limit of 170 kg of nitrogen per hectare per year for organic fertiliser and equivalent products, taking into account different conditions in specific Member States and regions with favourable climatic conditions, as well as having regard to the efficient use of fertilisers, the optimisation of fertilisation, the use of bio-waste and secondary nutrient sources, and the use of biostimulants;

61.

Expresses concern at the lack of transparency in the fertiliser market and favours further action to improve transparency and public information, both at EU and global level, in this market and regarding the raw materials used for the production of fertilisers; calls on the Commission to closely monitor the excess profits of global fertiliser manufacturers and, if necessary, to investigate cartel agreements and dominant market positions, to examine the possibilities for taxes on windfall profits and to make proposals in this regard in order to combat unfair competition; calls on the Commission to set up a market observatory dedicated to the monitoring of international and domestic supply and stocks of fertiliser, and to reduce the impact of speculation on the market;

62.

Takes note of the fact that the median energy and fertiliser shares of total input costs across EU Member States and years are 8 % and 6 % respectively, but there is a considerable variation in the cost shares across countries and years (14); considers it, therefore, both timely and appropriate to speed up the process of external convergence to empower farmers in the Member States where this process has not yet been completed to cope with the present challenges;

63.

Calls on the Commission to prepare a global strategy aimed at reducing the dominant role of the Russian Federation in global fertilisers and food markets, in particular in the immediate EU neighbourhood, emphasising the need for the world to become independent from Russian exports, creating opportunities for renewable, fossil-free and low-carbon fertilisers and food in the EU neighbourhood and the world;

64.

Urges the Commission to take into account the impact studies carried out by the Joint Research Centre that warn of the negative effects on production and food security that restricting the use of fertilisers could have in the short term, without having viable commercial alternatives for farmers;

o o

65.

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

(1) OJ C 361, 20.9.2022, p. 2.

(2) OJ C 184, 5.5.2022, p. 2.

(3) OJ C 465, 17.11.2021, p. 11.

(4) OJ C 426, 9.11.2022, p. 1.

(5) OJ L 435, 6.12.2021, p. 1.

(6) OJ L 261 I, 7.10.2022, p. 1.

(7) OJ L 170, 25.6.2019, p. 1.

(8) OJ L 375, 31.12.1991, p. 1.

(9) Huygens, D., Orveillon, G., Lugato, E., Tavazzi, S., Comero, S., Jones, A., Gawlik, B. and Saveyn, H., Technical proposals for the safe use of processed manure above the threshold established for Nitrate Vulnerable Zones by the Nitrates Directive (91/676/EEC), Publications Office of the European Union, Luxembourg, 2020.

(10) https://www.nature.com/articles/s41598-022-18773-w

(11) https://commission.europa.eu/publications/analysis-main-drivers-food-security_en, p. 26.

(12) https://grain.org/system/articles/pdfs/000/006/903/original/The%20Fertiliser%20Trap%20English%20-%20Embargoed%208th%20November%202022.pdf?1667838216

(13) https://edo.jrc.ec.europa.eu/documents/news/GDO-EDODroughtNews202208_Europe.pdf

(14) https://commission.europa.eu/publications/analysis-main-drivers-food-security_en

11.8.2023

Official Journal of the European Union

C 283/69

P9_TA(2023)0035

EU/Guyana Voluntary Partnership Agreement: forest law enforcement, governance and trade in timber products to the EU (Resolution)

European Parliament non-legislative resolution of 14 February 2023 on the draft Council decision on the conclusion of the Voluntary Partnership Agreement between the European Union and the Co-operative Republic of Guyana on forest law enforcement, governance and trade in timber products to the European Union (09272/2022 — C9-0432/2022 — 2022/0142M(NLE))

(2023/C 283/18)

The European Parliament,

—

having regard to the Commission proposal for a Council decision of 10 May 2022 on the conclusion of the Voluntary Partnership Agreement between the European Union and the Co-operative Republic of Guyana on forest law enforcement, governance and trade in timber products to the European Union (COM(2022)0200),

—	having regard to the draft Council decision on the conclusion of the Voluntary Partnership Agreement between the European Union and the Co-operative Republic of Guyana on forest law enforcement, governance and trade in timber products to the European Union (09272/2022),

—	having regard to the draft Voluntary Partnership Agreement between the European Union and the Co-operative Republic of Guyana on forest law enforcement, governance and trade in timber products to the European Union (09271/2022),

—	having regard to the request for consent submitted by the Council in accordance with the first subparagraphs of Articles 207(3) and 207(4), in conjunction with Article 218(6), first subparagraph, point (a)(v), and Article 218(7) of the Treaty on the Functioning of the European Union (C9-0432/2022),

—	having regard to Council Regulation (EC) No 2173/2005 of 20 December 2005 on the establishment of a FLEGT licensing scheme for imports of timber into the European Community (1) (FLEGT Regulation),

—	having regard to Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place timber and timber products on the market (2) (EU Timber Regulation),

—	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 (3),

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

—	having regard to the UN Sustainable Development Goals,

—	having regard to its resolution of 16 September 2020 on the EU’s role in protecting and restoring the world’s forests (4),

—	having regard to its resolution of 22 October 2020 with recommendations to the Commission on an EU legal framework to halt and reverse EU-driven global deforestation (5),

—	having regard to the Commission communication of 21 May 2003 entitled ‘Forest law enforcement, governance and trade (FLEGT): proposal for an EU action plan’ (COM(2003)0251) and the 2018-2022 work plan for its implementation,

—

having regard to the Commission proposal for a regulation of the European Parliament and of the Council of 17 November 2021 on the making available on the Union market as well as export from the Union of certain commodities and products associated with deforestation and forest degradation and repealing Regulation (EU) No 995/2010 (COM(2021)0706) (deforestation regulation),

—	having regard to its position of 14 February 2023 (6) on the draft Council decision,

—	having regard to Rule 105(2) of its Rules of Procedure,

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

—	having regard to the report of the Committee on International Trade (A9-0018/2023),

whereas in November 2018, the EU and Guyana concluded negotiations on a Voluntary Partnership Agreement (VPA) on Forest Law Enforcement, Governance and Trade (FLEGT); whereas on 10 March 2022, Guyana and the EU agreed on an updated joint implementation framework — a detailed roadmap for implementing the VPA, which aims to improve forest governance and provide oversight for the trade in legal timber;

whereas approximately 84 % of Guyana’s land is covered by forests; whereas this equates to around 18 million acres; whereas Guyana has the second highest forest carbon stock per capita in the world and is estimated to have 21,8 billion tonnes of carbon dioxide stored in its forests; whereas around 13 % of Guyana’s forests are formally designated as Amerindian village lands; whereas the Guianan moist forest ecoregion covers most of Guyana;

C.	whereas since 1996, conservation efforts have been made and the annual deforestation rate in Guyana has been very low, averaging around 0,06 %;

D.	whereas Guyana has one of the highest levels of biodiversity in the world; whereas Guyana’s forests are estimated to be home to around 8 000 plant species and over 1 000 species of terrestrial vertebrates; whereas approximately 5 % of all plant species are considered endemic to Guyana;

whereas illegal mining and illegal logging remain a concern in Guyana, as both practices damage the country’s forests; whereas most of the deforestation in Guyana is attributed to fires (50 %) and mining (41 %), be it legal or illegal; whereas although deforestation caused by conversion for agriculture only accounts for around 5 %, it is nevertheless a concern;

whereas the main economic activities in Guyana are agriculture, bauxite and gold mining, timber, mineral mining and fishing; whereas Guyana’s forest industry is estimated to contribute to less than 2 % of its GDP, a figure expected to decrease further with the petroleum sector having been rapidly increasing since 2015, when large oil reserves were discovered in Guyana’s territorial waters;

whereas the forest sector significantly contributes to the economic growth of Guyana, employing about 20 000 people, mainly in rural areas; whereas Guyana’s forests contribute to 2 % of the GDP and to 6 % of total job creation; whereas the VPA would increase the potential of the forestry sector by creating new jobs and contributing to the country’s sustainable economic growth;

whereas the volume of timber traded between Guyana and the EU is modest, with just 8 % of timber exports from Guyana going to Europe in 2018 and only around half of those going to the EU; whereas Guyana’s biggest overall trading partner is the US, with Singapore as the second; whereas its largest export market for timber is the Asia-Pacific region; whereas the VPA would open up more opportunities for Guyana to export to the EU and new markets, which would increase its development opportunities;

I.	whereas Guyana ratified the Paris Agreement in May 2016 and had made a number of commitments relating to sustainable forestry in its revised nationally determined contribution, such as the conservation of an additional 2 million hectares of forests;

whereas Guyana needs to overcome challenges in order to improve the well-being of its citizens, such as fighting poverty, inequality and discrimination, particularly against LGBTI people and indigenous peoples, as well as combating corruption and racial and ethnic polarisation and violence, which remain persistent concerns;

K.	whereas Guyana has expressed a commitment to make funding available to support the implementation of the VPA; whereas the EU, Norway and the UK have also committed to providing additional funding for this purpose;

whereas the objective of the VPA is to ensure that all shipments of timber and timber products from Guyana destined for the EU market will comply with the Guyana Timber Legality Assurance System (GTLAS) and thereby qualify for an FLEGT licence; whereas domestic timber and timber destined for all export markets will also need to comply with the GTLAS;

M.	whereas the VPA covers the five obligatory timber products under the FLEGT Regulation — logs, sawn timber, railway sleepers, plywood and veneer — as well as processed timber, pickets and poles, and joinery and carpentry;

N.	whereas according to the Commission proposal for the deforestation regulation, FLEGT-licensed timber imported to the EU will automatically live up to the legality requirement;

O.	whereas the VPA provides for a Joint Monitoring and Review Committee, which will be responsible for its implementation and monitoring;

whereas the purpose and expected benefits of FLEGT VPAs go beyond the facilitation of trade in legal timber, as they are also designed to bring about systemic changes in forest governance, law enforcement, transparency and the inclusion of various stakeholders in the political decision-making process, in particular civil society organisations, workers’ organisations and indigenous communities, as well as support for economic integration and respect for the international Sustainable Development Goals;

Q.	whereas countries all over the world that either have or aim to have regulated import markets for legal timber benefit from cooperating; whereas common international standards would be most effective to combat deforestation and promote long-term legal security for business and consumers;

Strongly supports the conclusion of the negotiations on the VPA on FLEGT between the EU and Guyana; acknowledges that the VPA has great significance for the country, as well as potential for boosting EU-Guyana trade relations; believes that the successful negotiation of this VPA demonstrates the importance of the Union’s delegations to third countries and will ensure that only legally logged timber will be imported into the EU from Guyana, promote sustainable forest management practices and sustainable trade in legally produced timber, improve forest governance, law enforcement (including labour and occupational, health and safety obligations), human rights, transparency, accountability and institutional resilience in Guyana, protect biodiversity and help in achieving the Sustainable Development Goals, while contributing to improving trade relations between Guyana and the EU;

Recognises that the full implementation and enforcement of the VPA will be a long process that will require the adoption of a wide range of legislation, as well as adequate administrative capacity and expertise, to ensure its implementation and enforcement;

Welcomes the high level of stakeholder participation throughout the negotiation process; stresses that the implementation and monitoring stages require genuine consultations and multi-stakeholder involvement, including the meaningful participation of civil society, business representatives, workers’ organisations and local and indigenous communities in decision-making to guarantee respect of land tenure rights and the ‘free, prior and informed consent’ principle; recalls the need to enhance transparency and ensure the effective public disclosure of information and the timely sharing of documents with local and indigenous peoples;

Calls on the Commission and the EU Delegation in Guyana to provide sufficient capacity-building and logistical and technical support in the framework of present and future development cooperation instruments in order to enable Guyana to fulfil the commitments under the VPA;

Welcomes the recent adoption of the joint implementation framework and calls on the Government of Guyana to follow a concrete, time-bound and measurable approach;

Stresses the importance of developing partnerships and cooperation mechanisms to jointly address all aspects of forest governance, including as regards sharing information;

Welcomes Guyana’s efforts so far in making advances towards greater transparency and looks forward to further positive cooperation in the fight against illegal logging; stresses that poor governance and corruption in the forestry sector accelerate illegal logging and forest degradation; acknowledges Guyana’s commitment to and political will as regards sound forest management; stresses that the success of the FLEGT VPA also depends on tackling fraud and corruption throughout the timber supply chain; urges the Government of Guyana to improve data collection to better implement the traceability system and to continue working to stop widespread corruption and to address other factors fuelling illegal logging and forest degradation, with particular regard to customs and other authorities who will play a pivotal role in implementing and enforcing the VPA; stresses the need to end impunity in the forest sector by protecting environmental human right defenders and whistleblowers and by ensuring effective remedies for human rights violations; welcomes, in this context, Guyana’s ratification of the Escazú Agreement and stresses the need to guarantee full recognition of the land tenure rights of local communities and indigenous peoples, notably Amerindian communities, including in the context of mining;

Welcomes the fact that the process of negotiating the VPA has allowed sectors to identify shared goals and priorities to work towards sustainable forest management and trade cooperation, as well as offering an important opportunity for communities to allow for participative management of their forests at the local, community and regional levels, and even at national or federal level;

Highlights that the VPA creates a great opportunity to boost job creation in the forestry sector; stresses that forest management practices and the trade in legally produced timber should be socially and economically sustainable to guarantee that people either directly or indirectly involved can benefit from trade;

10.

Calls for gender analysis to be mainstreamed into all activities and projects linked to the implementation of the VPA; calls for quantitative and qualitative gender-disaggregated analysis of land tenure, ownership of assets and financial inclusion in sectors impacted by trade; calls on the Commission to support these endeavours with technical and human resources;

11.

Asks the Commission to report to Parliament regularly on the implementation of the agreement, including on the work of the Joint Monitoring and Review Committee, with a view to enabling an informed decision once the delegated act authorising the acceptance of FLEGT licences has been proposed; stresses therefore that new VPAs with additional partners should be promoted; calls on the Commission to conduct an exhaustive assessment on the impact of the VPA and the future deforestation regulation on workers and small producers in the forest sector and other related sectors who will be affected by the increased logging controls and checks;

12.

Stresses the need to address the regional dimension of illegal logging and the transport, processing and trade of illegal timber throughout the supply chain; calls for this to be included in the VPA evaluation process;

13.

Believes that the EU plays an important role in improving both the supply and the demand side of timber in order to reject illegally produced timber and assist exporting countries in their efforts to combat illegal logging and corruption, which results in the destruction of their forests, climate change and human rights violations; recognises that VPAs will continue to be an important legal framework for both the EU and its partner countries under the new proposal for a deforestation regulation; underlines that this has been made possible by the good cooperation and engagement of the partner countries concerned; supports the Commission in finding additional potential partners for future FLEGT VPAs;

14.

Recalls that sustainable and inclusive forest management and governance is essential to achieve the objectives set out in the 2030 Agenda for Sustainable Development and the Paris Agreement, notably through nationally determined contributions; recalls the importance of mining as a major driver of tropical deforestation, resulting in substantial soil erosion and contamination, increased forest fragmentation and mercury pollution of rivers and streams; notes that Guyana is expanding its oil, gas and mining industries; calls on the Government of Guyana to take further steps to curb illegal mining; notes with concern the lack of consistency between regulation of the forest sector and of the mining sector; welcomes further agreements aiming to complement the FLEGT VPA on environmental matters;

15.

Stresses that the success of the entire FLEGT initiative depends on, among other things, protecting environmental human right defenders and whistleblowers, improving the ability of small and medium-sized enterprises (SMEs) to conduct their activities legally and guaranteeing effective protection for the land and full recognition of the customary rights of local communities and indigenous people, particularly Amerindian communities, including the right to give or withhold their consent to any timber concession on their land as a matter of social justice; stresses that the EU should build upon the traditional knowledge of indigenous people and other local communities regarding sustainable forest management; recalls in this regard the importance of preventing any additional administrative burdens from being imposed on SMEs and of providing legal assistance to SMEs to ensure their compliance with new international agreements, instruments and documents regarding the environment;

16.

Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States and the Co-operative Republic of Guyana.

(1) OJ L 347, 30.12.2005, p. 1.

(2) OJ L 295, 12.11.2010, p. 23.

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

(4) OJ C 385, 22.9.2021, p. 10.

(5) OJ C 404, 6.10.2021, p. 175.

(6) Texts adopted of that date, P9_TA(2023)0034.

11.8.2023

Official Journal of the European Union

C 283/76

P9_TA(2023)0037

Electoral rights of mobile Union citizens in European Parliament elections

European Parliament legislative resolution of 14 February 2023 on the proposal for a Council directive laying down detailed arrangements for the exercise of the right to vote and stand as a candidate in elections to the European Parliament for Union citizens residing in a Member State of which they are not nationals (recast) (COM(2021)0732 — C9-0021/2022 — 2021/0372(CNS))

(Special legislative procedure — consultation — recast)

(2023/C 283/20)

The European Parliament,

—	having regard to the Commission proposal to the Council (COM(2021)0732),

—	having regard to Article 22(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C9-0021/2022),

—	having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts (1),

—	having regard to the letter of 8 November 2022 from the Committee on Legal Affairs to the Committee on Constitutional Affairs in accordance with Rule 110(3) of its Rules of Procedure,

—	having regard to Rules 110 and 82 of its Rules of Procedure,

—	having regard to the opinion of the Committee on Civil Liberties, Justice and Home Affairs,

—	having regard to the report of the Committee on Constitutional Affairs (A9-0297/2022),

whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the Commission proposal does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance;

Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission and as amended below;

Calls on the Commission to alter its proposal accordingly, in accordance with Article 293(2) of the Treaty on the Functioning of the European Union;

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

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

Amendment 1

Proposal for a directive

Recital 2

Text proposed by the Commission

Amendment

(2)

Article 20(2), point (b) and Article 22(2) of the of the Treaty on the functioning of the European Union (TFEU) confers on Union citizens residing in a Member State of which they are not nationals the right to vote and to stand as a candidate in elections to the European Parliament in their Member State of residence under the same conditions as nationals of the host Member State. The right, which is also affirmed in Article 39 of the Charter of Fundamental Rights of the European Union (Charter) gives specific expression to the principle of equality and non-discrimination on grounds of nationality set out in Article 21. It is also a corollary of the right to move and reside freely enshrined in Article 20(2) point (a) and Article 21 TFEU and Article 45 of the Charter.

(2)

The 1992 Treaty on European Union (the ‘Maastricht Treaty’) marked a new stage in the process of creating an ever-closer union among the peoples of Europe by introducing the legal concept of EU citizenship with the aim to strengthen the protection of the rights and interests of the nationals of its Member States by adding to existing EU entitlements a number of new political and electoral rights. Article 20(2), point (b) and Article 22(2) of the Treaty on the functioning of the European Union (TFEU) confers on Union citizens residing in a Member State of which they are not nationals the right to vote and to stand as a candidate in elections to the European Parliament in their Member State of residence under the same conditions as nationals of the host Member State. The right, which is also affirmed in Article 39 of the Charter of Fundamental Rights of the European Union (Charter) gives specific expression to the principle of equality and non-discrimination on grounds of nationality set out in Article 21. It is also a corollary of the right to move and reside freely enshrined in Article 20(2) point (a) and Article 21 TFEU and Article 45 of the Charter. The right to vote and to stand as a candidate also allows citizens to effectively participate in the democratic life of the Union and to have a stake in the European Union as a political entity. It is imperative that all Union citizens, including mobile Union citizens, citizens with disabilities and citizens in a situation of homelessness, can fully exercise their political rights in the context of the elections to the European Parliament, both as candidates and as voters. There is a danger that European mobility could prevent mobile Union citizens from exercising fundamental political rights established by the European treaties, namely participation in elections to the European Parliament. The right of mobile citizens to vote and stand as candidates should apply in all electoral lists and constituencies, including in the Union-wide constituency in the event of its establishment.

Amendment 2

Proposal for a directive

Recital 2 a (new)

Text proposed by the Commission

Amendment

(2a)

According to the European Parliament legislative resolution of 3 May 2022 on the proposal for a Council Regulation on the election of the members of the European Parliament by direct universal suffrage, repealing Council Decision (76/787/ECSC, EEC, Euratom) and the Act concerning the election of the members of the European Parliament by direct universal suffrage annexed to that Decision , the aim of this Directive should be to make the elections to the European Parliament more accessible, more competitive, and more European.

Amendment 3

Proposal for a directive

Recital 4

Text proposed by the Commission

Amendment

(4)

In its the EU Citizenship Report 2020 (24), the Commission stressed the need to update, clarify and strengthen the rules on the exercise of the right to vote and to stand as a candidate in elections to the European Parliament in order to ensure that they support the broad and inclusive participation of mobile EU citizens. Taking also into account the experience gained in the application of Council Directive 93/109/EC to successive elections and the changes introduced by the amendments to the Treaties, several of the provisions of that Directive should be updated.

(4)

In its EU Citizenship Report 2020 (24), the Commission stressed the need to update, clarify and strengthen the rules on the exercise of the right to vote and to stand as a candidate in elections to the European Parliament in order to ensure that they support the broad and inclusive participation of Union citizens residing in a Member State of which they are not nationals . Taking also into account the experience gained in the application of Council Directive 93/109/EC to successive elections and the changes introduced by the amendments to the Treaties, several of the provisions of that Directive should be updated.

Amendment 4

Proposal for a directive

Recital 5

Text proposed by the Commission

Amendment

(5)	Article 20 (2) TFEU is without prejudice to Article 223(1) TFEU, which provides for the establishment of a uniform procedure in all Member States in accordance with principles common to all Member States for those elections .

(5)	Article 20 (2) TFEU is without prejudice to Article 223(1) TFEU, which provides for the establishment of a uniform procedure for elections to the European Parliament in all Member States in accordance with principles common to all Member States.

Amendment 5

Proposal for a directive

Recital 6

Text proposed by the Commission

Amendment

(6)

In order to ensure that Union citizens who reside in a Member State of which they are not nationals (‘non-national Union citizens’) are able to exercise their right to vote and to stand as candidates in elections to the European Parliament under the same conditions as nationals of their host Member State, the conditions governing registration and participation in such elections should be clarified in order to ensure equal treatment between national and non-national Union citizens. In particular, Union citizens seeking to vote and to stand as candidates in elections to the European Parliament in their Member State of residence should be treated equally as regards any periods of residence that are to be fulfilled as a condition for the exercise of the right, as well the proofs for demonstrating compliance with such a condition.

(6)

In order to ensure that Union citizens who reside in a Member State of which they are not nationals (‘non-national Union citizens’) are able to exercise their right to vote and to stand as candidates in elections to the European Parliament under the same conditions as nationals of their host Member State, the conditions governing registration and participation in such elections should be clarified in order to ensure equal treatment between national and non-national Union citizens. In particular, Union citizens seeking to vote and to stand as candidates in elections to the European Parliament in their Member State of residence should be treated equally to nationals of that Member State as regards any periods of residence that are to be fulfilled as a condition for the exercise of the right, as well the proofs for demonstrating compliance with such a condition.

Amendment 6

Proposal for a directive

Recital 6 a (new)

Text proposed by the Commission

Amendment

(6a)

Non-national Union citizens should receive information about the possibility of voting or standing as a candidate upon registration as residents of a Member State of which they are not nationals. Information pertaining to the registration as a voter or as a candidate should also be provided periodically, ahead of European elections, in a timely manner, to all voters and persons entitled to stand as candidates in accordance with the conditions governing the right to vote and stand as a candidate provided for in this Directive. Moreover, non-national Union citizens should be duly informed, upon registration as voters and sufficiently in advance of the elections, about their specific rights under the European electoral system.

Amendment 7

Proposal for a directive

Recital 7

Text proposed by the Commission

Amendment

(7)	The freedom of Union citizens to choose the Member State in which to take part in elections to the European Parliament must be respected, while the appropriate measures to ensure that no one may vote more than once or stand as a candidate in more than one country.

(7)

Given that most Member States allow non-national Union citizens to retain under national law their right to vote for a home country list, the possibility to choose between two or more countries to vote in requires clear information provision for non-national Union citizens and coordination among Member States to reduce the risk of multiple voting. The freedom of Union citizens to choose the Member State in which to take part in elections to the European Parliament should be respected, while the appropriate measures to ensure that no one may vote more than once or stand as a candidate in more than one country. When receiving information about the possibility of voting or standing as a candidate in their Member State of residence, non-national Union citizens should be duly informed of the possibility to vote or stand as candidate either in their home country or in their country of residence, in line with their choice and the respective applicable national provisions. Non-national Union citizens should make the final choice of the Member State in which they would like to vote.

Amendment 8

Proposal for a directive

Recital 8

Text proposed by the Commission

Amendment

(8)

In line with International and European standards, including, the requirements of International Covenant on Civil and Political Rights and the law of the European Convention on Human Rights, Member States should not only recognize and respect the right of Union citizens to vote and to stand as a candidate but also ensure easy access to their electoral rights by removing as many obstacles to participation in elections as possible .

(8)

In line with International and European standards, including, the requirements of International Covenant on Civil and Political Rights and the law of the European Convention on Human Rights, Member States should not only recognize and respect the right of Union citizens to vote and to stand as a candidate but also make access to their electoral rights as democratic, proportionate and as easy as possible by removing all obstacles to participation in elections.

Amendment 9

Proposal for a directive

Recital 9

Text proposed by the Commission

Amendment

(9)

In order to facilitate the exercise by Union citizens of their right to vote and to stand as a candidate in their country of residence, such citizens should be entered on the electoral roll in sufficient time in advance of polling day. The formalities applicable to their registration should be as simple as possible. It should be sufficient for the Union citizens concerned to produce a valid identity card and a formal declaration that includes elements evidencing their entitlement to participate in the elections. Once registered, non-national Union citizens should remain on the electoral roll under the same conditions as Union citizens who are nationals of the Member State concerned, for as long as they satisfy the conditions for exercising the right to vote. Additionally, Union citizens should provide the competent authorities with contact information, enabling those authorities to keep them informed on a regular basis.

(9)

In order to facilitate the exercise by Union citizens of their right to vote and to stand as a candidate in their country of residence, immediate registration as a voter should be possible upon their registration as residents subject to their consent. Those citizens must receive prior information regarding this immediate registration, notably on the fact that double voting is prohibited and immediate registration could imply deregistration from the electoral roll for the European elections of their place of origin. Where immediate registration as voters has not occurred upon their registration as residents, citizens should be entered on the electoral roll in sufficient time in advance of polling day. The formalities applicable to their registration should be as simple as possible. It should be sufficient for the Union citizens concerned to produce a valid identity card and , in duly justified cases, a formal and user-friendly declaration that includes elements evidencing their entitlement to participate in the elections. Once registered, non-national Union citizens should remain on the electoral roll under the same conditions as Union citizens who are nationals of the Member State concerned, for as long as they satisfy the conditions for exercising the right to vote. Additionally, Union citizens should provide the competent authorities with contact information, enabling those authorities to keep them informed on a regular basis.

Amendment 10

Proposal for a directive

Recital 11

Text proposed by the Commission

Amendment

(11)

In order to ensure equal treatment of non-national Union citizens seeking to exercise the right to stand as candidates for election in their Member State of residence, such citizens should be required to produce the same supporting documents as those required from candidates who are nationals of the Member State concerned. However, in order to establish that such citizens are beneficiaries of the right laid down in Article 20(2)(b) and Article 22(2) TFEU, Member States should be able to require the production of a formal declaration that includes elements necessary to evidence their entitlement to stand in the elections in question.

(11)

In order to ensure equal treatment of non-national Union citizens seeking to exercise the right to stand as candidates for election in their Member State of residence, such citizens should be required to produce the same supporting documents as those required from candidates who are nationals of the Member State concerned. However, in order to establish that such citizens are beneficiaries of the right laid down in Article 20(2)(b) and Article 22(2) TFEU, in duly justified cases, Member States should be able to require the production of a formal declaration that includes elements necessary to evidence their entitlement to stand in the elections in question.

Amendment 11

Proposal for a directive

Recital 11 a (new)

Text proposed by the Commission

Amendment

(11a)

To enable Union citizens residing in a Member State of which they are not nationals to be eligible in practice for elections to the European Parliament, national political parties should be encouraged not to make membership conditional on having the nationality of that Member State.

Amendment 12

Proposal for a directive

Recital 12

Text proposed by the Commission

Amendment

(12)

In order to facilitate the accurate identification of voters and candidates registered both in their home Member State and in their Member State of residence, the list of data to be required from Union citizens, when submitting an application to enter the electoral rolls or to stand as candidates in the Member State of residence, should include the personal identification number or the serial number of a valid identity or travel document.

(12)

In order to facilitate the accurate identification of voters and candidates registered both in their home Member State and in their Member State of residence, the list of data to be required from Union citizens, at the time of immediate registration or after the submission of an application to enter the electoral rolls or to stand as candidates in the Member State of residence, should include the personal identification number or the serial number of a valid identity or travel document.

Amendment 13

Proposal for a directive

Recital 13

Text proposed by the Commission

Amendment

(13)

Union citizens who have been deprived of their right to vote and to stand as candidates, on the basis of an individual civil law or criminal law decision taken by the competent authority, should be precluded from exercising that right in the Member State of residence in elections to the European Parliament. When receiving an application for registration as a voter, Member States may require from the citizen concerned a formal declaration confirming that they have not been deprived of their right to vote. When standing as candidates in their country of residence, Union citizens should be required to produce a statement confirming that they have not been deprived of the right to stand in the elections to the European Parliament.

(13)

Union citizens who have been deprived of their right to vote and to stand as candidates, on the basis of an individual civil law or criminal law decision taken by the competent authority, should be precluded from exercising that right in the Member State of residence in elections to the European Parliament. Upon immediate registration or when receiving an application for registration as a voter, Member States may , in duly justified cases, require from the citizen concerned a formal declaration confirming that they have not been deprived of their right to vote. When they stand as candidates in their country of residence, it should be possible for the country of residence to require that Union citizens produce a statement confirming that they have not been deprived of the right to stand in the elections to the European Parliament.

Amendment 14

Proposal for a directive

Recital 16

Text proposed by the Commission

Amendment

(16)

In order to prevent multiple voting or instances where the same person would stand as a candidate more than once at the same elections, Member States should exchange information gathered from the formal declarations produced by Union voters and Union citizens entitled to stand as candidates. As Member States rely on different data to identify citizens, a common set of data should be envisaged in order to accurately identify Union voters and Union citizens entitled to stand as candidates and stop them from voting or standing as a candidate more than once. The personal data exchanged should be limited to the minimum necessary to achieve these purposes.

(16)

In order to prevent multiple voting or instances where the same person would stand as a candidate more than once at the same elections, Member States need to coordinate their administrative systems in a coherent manner. For this reason, Member States should be required to exchange information gathered from the formal declarations produced by non-national Union voters and non-national Union citizens entitled to stand as candidates in a Member State of residence . As Member States rely on different data to identify citizens, a common set of data should be envisaged in order to accurately identify Union voters and Union citizens entitled to stand as candidates and stop them from voting or standing as a candidate more than once. The personal data exchanged should be limited to the minimum necessary to achieve these purposes.

Amendment 15

Proposal for a directive

Recital 17

Text proposed by the Commission

Amendment

(17)

The information exchange between Member States to prevent multiple voting or instances where the same person would stand as a candidate more than once at the same election should not prevent their nationals from voting or standing as candidates in other types of elections. To facilitate communication between national authorities, Member States should be required to designate one contact point for that information exchange. A secure tool was developed in the past by the Commission to be used by the Member States under their responsibility to exchange the necessary data. That secure tool should be incorporated in this Directive, to further support exchanges between Member States’ competent authorities. Member States will act as separate controllers for their processing of personal data in this regard.

(17)

The information exchange between Member States to prevent multiple voting or instances where the same person would stand as a candidate more than once at the same election should not prevent their nationals from voting or standing as candidates in other types of elections. To facilitate communication between national authorities, Member States should be required to designate one contact point for that information exchange. A secure tool was developed by the Commission to be used by the Member States under their responsibility to exchange the necessary data. That secure tool should be incorporated in this Directive, to further support exchanges between Member States’ competent authorities. Member States will act as separate controllers for their processing of personal data in this regard.

Amendment 16

Proposal for a directive

Recital 20

Text proposed by the Commission

Amendment

(20)

The lack of adequate information, in the context of electoral procedures, affects citizens in the exercise of their electoral rights as part of their rights as Union citizens. It also affects the capacity of competent authorities to exercise their rights and to deliver on their obligations. Member States should be required to designate authorities with special responsibilities for providing appropriate information to Union citizens on their rights under Article 20(2), point (b), and Article 22(2) TFEU and the national rules and procedures regarding participation in and the organization of elections to the European Parliament. In order to encourage non-national Union citizens to actively seek such information, Member States should also ensure that it is made widely available through a wide range of channels, including through targeted cooperation projects between civil society organisations, the designated national authorities and, in the event of its establishment, the European electoral authority. In order to ensure the effectiveness of communications, information should be provided in clear and comprehensible terms and in a timely manner, taking into account the dates on which electoral rolls are to be closed and on which the lists of candidates are to be announced in accordance with the Act concerning the election of the members of the European Parliament by direct universal suffrage .

Amendment 17

Proposal for a directive

Recital 20 a (new)

Text proposed by the Commission

Amendment

(20a)

In order to foster the democratic participation of non-national Union citizens, Member States should provide appropriate, clear and inclusive information to Union citizens on the right to vote and on the possible administrative steps to exercise that right, as well as on the electoral cultures and voting systems. Such information should be provided when the residence of non-national Union citizens is registered, either immediately or upon request, later on, and sufficiently in advance of European elections. Special attention should also be paid to the needs of vulnerable citizens, such as people with disabilities and elderly people.

Amendment 18

Proposal for a directive

Recital 21

Text proposed by the Commission

Amendment

(21)

In order to improve the accessibility of electoral information, such information should be made available in at least one other official language of the Union than that or those of the host Member State, broadly understood by the largest possible number of Union citizens residing on its territory. Member States may use different official languages of the Union in specific parts of their territory or their regions depending on the language understood by the largest group of Union citizens residing therein.

(21)

In order to improve the accessibility of electoral information, such essential information on electoral rights should be made available in a clear and inclusive manner, and well ahead of the elections, in at least one other official language of the Union than that or those of the host Member State, broadly understood by the largest possible number of Union citizens residing on its territory . Member States should be encouraged to provide information also in the native language of the non-national Union citizen . Member States may use different official languages of the Union in specific parts of their territory or their regions depending on the language understood by the largest group of Union citizens residing therein.

Amendment 19

Proposal for a directive

Recital 22

Text proposed by the Commission

Amendment

(22)

Any derogation from the general rules of this Directive has to be warranted, pursuant to Article 22 (2) TFEU, by problems specific to a Member State and has to be in line with the requirements of Article 52 of the Charter, including that any limitations to the exercise of the right to vote and to stand as a candidate at elections to the European Parliament is to be provided for by law and be subject to the principles of proportionality and necessity . In addition, any derogation has to be subject to review as provided by Article 47 of the Charter .

deleted

Amendment 20

Proposal for a directive

Recital 23

Text proposed by the Commission

Amendment

(23)

Such specific problems may arise in a Member State in which the proportion of Union citizens of voting age, who reside in it but are not nationals of it, is very significantly above average. Derogations regarding the right to vote should be warranted where such citizens form more than 20 % of the total electorate on the criterion of period of residence;

deleted

Amendment 21

Proposal for a directive

Recital 24

Text proposed by the Commission

Amendment

(24)

Member States in which the proportion of non-national citizens of the Union of voting age exceeds 20 % of the total number of Union citizens of voting age who reside there should have the possibility to lay down, in compliance with Article 22(2) TFEU, specific provisions concerning the composition of lists of candidates.

deleted

Amendment 22

Proposal for a directive

Recital 26

Text proposed by the Commission

Amendment

(26)

Data regarding the exercise of rights and the application of this Directive can be useful in the identification of measures necessary to ensure the effective exercise of Union citizens’ electoral rights. In order to improve the collection of data for elections to the European Parliament, it is necessary to introduce regular monitoring and reporting of implementation by Member States. In parallel, the Commission should assess the application of this Directive, and submit a report including such an assessment to the European Parliament and to the Council, after each election to the European Parliament.

(26)

Data regarding the exercise of rights and the application of this Directive is critical in the evaluation of the relevant Union policy and identification of measures necessary to ensure the effective exercise of Union citizens’ electoral rights. In order to increase and improve the collection and reporting of data for elections to the European Parliament by Member States , it is necessary to introduce regular monitoring and reporting of implementation by Member States on the basis of common indicators . In parallel, the Commission should assess the application of this Directive, and submit a report including such an assessment to the European Parliament and to the Council, after each election to the European Parliament.

Amendment 23

Proposal for a directive

Recital 27

Text proposed by the Commission

Amendment

(27)	It is necessary that the Commission conduct its own evaluation of the application of this Directive within a reasonable timeframe after at least two elections to the European Parliament.

(27)	It is necessary that the Commission conduct its own evaluation of the application of this Directive no later than 18 months after each election to the European Parliament , followed, if appropriate, by a legislative proposal to amend this Directive .

Amendment 24

Proposal for a directive

Recital 28

Text proposed by the Commission

Amendment

(28)

In order to ensure that the templates of the formal declarations to be submitted by non-national Union citizens seeking to vote or stand in elections to the European Parliament continue to contain relevant data in the context of the exercise of electoral rights by Union citizens, the power to adopt delegated acts in accordance with Article 290 TFEU should be delegated to the Commission to amend those templates. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(28)

In order to ensure that the templates of the formal declarations to be submitted by non-national Union citizens seeking to vote or stand in elections to the European Parliament continue to contain relevant data in the context of the exercise of electoral rights by Union citizens, the power to adopt delegated acts in accordance with Article 290 TFEU should be delegated to the Commission to amend those templates . In order to increase and improve the collection and reporting of data by Member States for elections to the European Parliament, the power to adopt delegated acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement this Directive by establishing a template and the form of the data to be collected for the purposes of Article 17(1) . It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

Amendment 25

Proposal for a directive

Recital 29

Text proposed by the Commission

Amendment

(29)

The Member States, by ratifying, and the Union, by concluding (27), the United Nations Convention on the Rights of Persons with Disabilities have committed themselves to ensure compliance with that Convention , in particular Article 29 thereof . In order to support inclusive and equal electoral participation for persons with disabilities, arrangements for Union citizens residing in a Member State of which they are not nationals to exercise the right to vote and to stand as a candidate there in elections to the European Parliament should have due regard to the needs of citizens with a disability and older citizens. In particular, Member States should implement appropriate arrangements tailored to their national voting procedures to facilitate voting by citizens with disabilities, such as the possibility to choose polling stations, closed polling stations in key locations, and the use of assistive technologies, formats and techniques like Braille, large print, audio-based information, tactile stencils, easy to read information and sign language communication. Furthermore, Member States should consider introducing complementary tools to facilitate voting, such as advance physical voting and proxy voting, as well as electronic and online voting.

Amendment 26

Proposal for a directive

Recital 29 a (new)

Text proposed by the Commission

Amendment

(29a)

Member States should, ahead of the elections to the European Parliament, foster awareness and information campaigns while improving accessibility requirements for people with disabilities, elderly and vulnerable people.

Amendment 27

Proposal for a directive

Recital 29 b (new)

Text proposed by the Commission

Amendment

(29b)

Member States should guarantee that prisoners who are granted the right to vote in accordance with national laws, including when they are in a Member State of which they are not nationals, are able to exercise their voting rights.

Amendment 28

Proposal for a directive

Article 3 — paragraph 1 — point a

Text proposed by the Commission

Amendment

(a)	the person who, on the reference date is a Union citizen within the meaning of Article 20 (1) TFEU;

(a)	the person who, on the reference date, is a Union citizen within the meaning of Article 20 (1) TFEU and regardless of that person’s legal capacity ;

Amendment 29

Proposal for a directive

Article 4 — paragraph 1

Text proposed by the Commission	Amendment
1. Union voters shall exercise their right to vote either in the Member State of residence or in their home Member State. No person may vote more than once at the same election.	1. Union voters shall have the right to choose to exercise their right to vote either in the Member State of residence or in their home Member State. No person may vote more than once at the same election.

Amendment 30

Proposal for a directive

Article 6 — paragraph 1

Text proposed by the Commission

Amendment

1. Union citizens who reside in a Member State of which they are not nationals and who, through an individual judicial decision or an administrative decision provided that the latter can be subject to judicial remedies, have been deprived of their right to stand as a candidate under either the law of the Member State of residence or the law of the home Member State, shall be precluded from exercising that right in the Member State of residence in elections to the European Parliament. However, decisions on deprivation of legal capacity due to disability taken by the home Member State shall not make Union citizens ineligible to stand as a candidate in elections to the European Parliament in their Member State of residence if the law of that Member State upholds that right for all persons with disabilities without restrictions.

Amendment 31

Proposal for a directive

Article 6 — paragraph 5

Text proposed by the Commission	Amendment
5. Member States shall designate a contact point to receive and transmit the information necessary for the application of paragraph 3. They shall communicate to the Commission the name and contact details of the contact point and any updated information or changes concerning it. The Commission shall keep a list of contact points and make it available to the Member States.	5. Member States shall designate a contact point to receive and transmit the information necessary for the application of paragraph 3. They shall communicate to the Commission the name and contact details of the contact point and any updated information in the case of changes concerning it. The Commission shall keep a list of contact points and make it available to the Member States.

Amendment 32

Proposal for a directive

Article 8 — paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2a. Immediate registration of non-national Union citizens as voters shall be possible.

Amendment 33

Proposal for a directive

Article 8 — paragraph 2 b (new)

Text proposed by the Commission	Amendment
	2b. When registering as residents, non-national Union citizens shall have the possibility to express their wish to be registered as voters in their Member State of residence and shall be informed about the possibility to stand as a candidate and submit an application in this regard.
	Should non-national Union citizens choose not to express their wish to be registered as voters in their Member State of residence at the moment of their registration as residents, they shall retain the right to do so afterwards. When providing information about the possibility of voting or standing as a candidate, Member States shall duly inform non-national Union citizens that they may vote or stand as candidates either in their home Member State or in their Member State of residence, dependent on their own choice.

Amendment 34

Proposal for a directive

Article 9 — paragraph 1

Text proposed by the Commission	Amendment
1. Member States shall take the necessary measures to enable a Union voter who has expressed the wish to be registered as a voter to be entered on the electoral roll sufficiently in advance of polling day.	1. Member States shall take the necessary measures to enable a Union voter who has expressed the wish to be registered as a voter to be entered on the electoral roll no later than 14 weeks before polling day. Member States shall enable registration as soon as the voter concerned is registered as a resident.

Amendment 35

Proposal for a directive

Article 9 — paragraph 3 — point c a (new)

Text proposed by the Commission

Amendment

(ca)	if they so wish, indicate the language in which they would like to receive the information referred to in Article 12(2);

Amendment 36

Proposal for a directive

Article 9 — paragraph 4

Text proposed by the Commission

Amendment

4. Union voters who have been entered on the electoral roll shall remain thereon, under the same conditions as voters who are nationals, until they request to be removed or until they are removed because they no longer satisfy the requirements for exercising the right to vote. Where provisions are in place to notify nationals of such a removal from the electoral roll, these provisions shall apply to Union voters in the same way .

4. Union voters who have been entered on the electoral roll shall remain thereon, under the same conditions as voters who are nationals, until such time as they request to be removed or until they are removed because they no longer satisfy the requirements for exercising the right to vote. Where provisions are in place to notify nationals of such a removal from the electoral roll, these provisions shall apply to Union voters as well. Notifications shall be provided in an official language of the Union understandable to the Union voters in question .

Amendment 37

Proposal for a directive

Article 10 — paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2a. National authorities shall ensure that the democratic, proportionate and transparent standards which apply to national Union citizens when submitting a list of candidates also apply to non-national Union citizen candidates.

Amendment 38

Proposal for a directive

Article 11 — paragraph 1

Text proposed by the Commission

Amendment

1. The Member State of residence shall inform the persons concerned in good time and in clear and plain language of the decision taken on their application for entry on the electoral roll or of the decision concerning the admissibility of their application to stand as a candidate.

1. The Member State of residence shall inform the persons concerned, in a timely manner, in clear and plain language, and in an official language of the Union understandable to them, of the decision taken concerning their immediate registration or their application for entry on the electoral roll or of the decision concerning the admissibility of their application to stand as a candidate , including the possibilities to appeal those decisions .

Amendment 39

Proposal for a directive

Article 11 — paragraph 3

Text proposed by the Commission	Amendment
3. In case of errors in the electoral rolls or in the lists of candidates to the European Parliament, the person concerned shall be entitled to legal remedies on similar terms as the laws of the Member State of residence prescribe for voters and persons entitled to stand as candidates who are its nationals.	3. In the case of errors in the electoral rolls or in the lists of candidates to the European Parliament, the persons concerned shall be informed thereof in a timely manner and shall be entitled to legal remedies on similar terms as the laws of the Member State of residence prescribe for voters and persons entitled to stand as candidates who are its nationals.

Amendment 40

Proposal for a directive

Article 11 — paragraph 4

Text proposed by the Commission	Amendment
4. Member States shall inform clearly and in a timely manner, the person concerned of the decision referred to in paragraph 1 and of the legal remedies referred to in paragraphs 2 and 3.	4. Member States shall inform the persons concerned of the decision referred to in paragraph 1 and of the legal remedies referred to in paragraphs 2 and 3 clearly in a timely manner, and in an official language of the Union understandable to them .

Amendment 41

Proposal for a directive

Article 12 — paragraph 1

Text proposed by the Commission	Amendment
1. Member States shall designate a national authority with responsibility for taking the necessary measures to ensure that non-national Union citizens are informed in a timely manner of the conditions and detailed rules for registration as a voter or candidate in elections to the European Parliament.	1. Member States shall designate a national authority with responsibility for taking the necessary measures to ensure that non-national Union citizens are informed in a timely manner of the conditions and detailed rules for registration as a voter or candidate in elections to the European Parliament as soon as they register as residents of a Member State of which they are not nationals, as well as periodically, ahead of European elections taking into account the deadlines established for the announcement of the lists of candidates . That information shall indicate that citizens have the choice to register in their Member State of residence or remain registered in their home Member State, according to their preferences.
	The designated authority shall provide those concerned with a copy of the standardised templates for the formal declarations set out in Annexes I and II that non-national Union citizens are required to submit in order to register as voters or candidates.

Amendment 42

Proposal for a directive

Article 12 — paragraph 2 — point d a (new)

Text proposed by the Commission

Amendment

(da)	the specific measures taken to facilitate the exercise of the right to vote by vulnerable and marginalised groups of voters, such as persons with disabilities.

Amendment 43

Proposal for a directive

Article 12 — paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2a. Member States shall make efforts to actively involve civil society organisations in raising public awareness concerning the information referred to in paragraphs 1 and 2, as well as in encouraging non-national Union citizens to actively seek such information as often as they need it. Member States should ensure that sufficient financial resources are set aside for this purpose.

Amendment 44

Proposal for a directive

Article 12 — paragraph 3 — subparagraph 1

Text proposed by the Commission	Amendment
3. The information on conditions and detailed rules for registration as a voter or candidate in elections to the European Parliament and the information referred to in paragraph 2 shall be provided in clear and plain language.	3. The information on conditions and detailed rules for registration as a voter or candidate in elections to the European Parliament and the information referred to in paragraph 2 shall be provided in clear and plain language in accordance with the quality requirements set out in Article 9 of Regulation (EU) 2018/1724 of the European Parliament and of the Council (1a).

Amendment 45

Proposal for a directive

Article 12 — paragraph 3 — subparagraph 2

Text proposed by the Commission

Amendment

The information referred to in the first subparagraph shall , in addition to being communicated in one or more of the official languages of the host Member State, also be accompanied by a translation in at least one other official language of the Union that is broadly understood by the largest possible number of Union citizens residing on its territory, in accordance with the quality requirements of Article 9 of Regulation (EU) 2018/1724 of the European Parliament and of the Council (30) .

The information referred to in the first subparagraph shall be provided in an official language of the Union that is understandable to the Union voter or candidate in question .

Amendment 46

Proposal for a directive

Article 12 — paragraph 4

Text proposed by the Commission

Amendment

4. Member States shall ensure that information on conditions and detailed rules for registration as a voter or candidate in elections to the European Parliament and information referred to in paragraph 2 is made accessible to persons with disabilities and older persons by using appropriate means, modes and formats of communication.

4. Member States shall ensure that information on conditions and detailed rules for registration as a voter or candidate in elections to the European Parliament and information referred to in paragraph 2 are made accessible to vulnerable and marginalised groups, such as persons with disabilities, older persons , homeless people and persons in prison who enjoy their voting rights, by applying the accessibility requirements laid down in Annex I of Directive (EU) 2019/882 of the European Parliament and of the Council (1a) and by using appropriate means, modes and formats of communication , such as Braille, large print, audio-based information, tactile stencils, easy to read information and sign language .

Amendment 47

Proposal for a directive

Article 12 — paragraph 4 a (new)

Text proposed by the Commission	Amendment
	4a. Persons entitled to vote and stand as candidates pursuant to Article 3 and who have established their residence in a Member State, shall automatically receive information about their rights under this Directive. That information shall also be provided to them periodically and sufficiently ahead of the elections to the European Parliament.

Amendment 48

Proposal for a directive

Article 13 — paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall exchange the information required for the implementation of Article 4 , sufficiently in advance of polling day . To that end, the Member State of residence shall begin supplying the home Member State, no later than six weeks before the first day of the electoral period referred to in Article 10(1) of the Act concerning the election of the members of the European Parliament by direct universal suffrage the set of information provided in Annex III , . The home Member State shall, in accordance with its national legislation, take appropriate measures to ensure that its nationals do not vote more than once or stand as candidates in more than one Member State.

1. Member States shall exchange the information required for the implementation of Article 4, sufficiently in advance of polling day. To that end, the Member State of residence shall begin supplying the home Member State, no later than 16 weeks before the first day of the electoral period referred to in Article 10(1) of the Act concerning the election of the members of the European Parliament by direct universal suffrage the set of information provided in Annex III. The home Member State shall, in accordance with its national legislation, take appropriate measures to ensure that its nationals do not vote more than once or stand as candidates in more than one Member State.

Amendment 49

Proposal for a directive

Article 14 — paragraph 1

Text proposed by the Commission

Amendment

Member States that provide for the possibilities of advance voting, postal voting, and electronic and internet voting, in elections to the European Parliament shall ensure the availability of those voting methods to Union voters under similar conditions as the ones applicable to their own nationals.

Member States shall consider the introduction of complementary voting tools such as postal voting , advance physical voting , proxy voting, mobile polling stations for voters who are unable to go to the polling stations on election day and electronic and online voting, in elections to the European Parliament . Member States shall ensure the availability of those voting methods to Union voters under the same conditions as the ones applicable to their own nationals.

Amendment 50

Proposal for a directive

Article 15 — paragraph 1

Text proposed by the Commission	Amendment
Member States shall designate an authority with responsibility for collecting and providing relevant statistical data to the public and the Commission , on the participation of Union citizens who are not nationals in elections to the European Parliament.	Member States shall designate an authority with responsibility for collecting and providing to the public and the Commission relevant statistical data based on common indicators on the participation of Union citizens who are not nationals in elections to the European Parliament.

Amendment 51

Proposal for a directive

Article 16

Text proposed by the Commission

Amendment

Article 16

deleted

Derogations

1. If, in a given Member State, the proportion of Union citizens of voting age who reside in it but are not nationals of it exceeds 20 % of the total number of national and non-national Union citizens residing there who are of voting age, that Member State may, by way of derogation from Articles 3, 9 and 10:

(a)	restrict the right to vote to Union voters who have resided in that Member State for a minimum period, which may not exceed five years;

(b)	restrict the right to stand as a candidate to Union citizens entitled to stand as candidates who have resided in that Member State for a minimum period, which may not exceed 10 years.

These provisions are without prejudice to appropriate measures which that Member State may take with regard to the composition of lists of candidates and which are intended in particular to encourage the integration of non-national Union citizens .

However, Union voters and Union citizens entitled to stand as candidates who, owing to the fact that they have taken up residence outside their home Member State or by reason of the duration of such residence, do not have the right to vote or to stand as candidates in that home State shall not be subject to the conditions as to length of residence set out above.

2. Where the laws of a Member State prescribe that the nationals of another Member State who reside there have the right to vote for the national parliament of that State and, for that purpose, may be entered on the electoral roll of that State under exactly the same conditions as national voters, the first Member State may, by way of derogation from this Directive, refrain from applying Articles 6 to 13 in respect of such nationals.

3. 18 months prior to each election to the European Parliament, the Commission shall submit to the European Parliament and to the Council a report in which it shall check whether the grant to the Member States concerned of a derogation pursuant to Article 22 (2) TFEU is still warranted and shall propose that any necessary adjustments be made.

Member States which invoke derogations under paragraph 1 shall furnish the Commission with all the necessary background information.

Amendment 52

Proposal for a directive

Article 16 a (new)

Text proposed by the Commission

Amendment

Article 16 a

The exercise of the right of non-national Union citizens to vote and stand as candidates in the elections to the European Parliament shall apply to all electoral lists and constituencies established by the Act concerning the election of the members of the European Parliament by direct universal suffrage, including in the event of the establishment of a Union-wide constituency, in order to ensure that the principle of non-discrimination is upheld.

Amendment 53

Proposal for a directive

Article 17 — title

Text proposed by the Commission	Amendment
Reporting	Data collection and reporting

Amendment 54

Proposal for a directive

Article 17 — paragraph 1

Text proposed by the Commission

Amendment

1. Within six months after each election to the European Parliament Member States shall send information to the Commission on the application of this Directive in their territory. In addition to general observations, the report shall contain statistical data on the participation in elections to the European Parliament of Union voters and Union citizens entitled to stand as candidates and a summary of the measures taken to support it.

Amendment 55

Proposal for a directive

Article 17 — paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2a. The Commission is empowered to adopt delegated acts in accordance with Article 20 establishing a template and the form of the data to be collected for the purposes of paragraph 1 of this Article.

Amendment 56

Proposal for a directive

Article 18 — paragraph 1

Text proposed by the Commission

Amendment

Within two years after the 2029 elections to the European Parliament, the Commission shall assess its application and produce an evaluation report on the progress towards achievement of the objectives contained herein. The evaluation shall also include a review on the functioning of Article 13.

Within 18 months after each election to the European Parliament, the Commission shall assess the application of this Directive and produce an evaluation report on the progress towards achievement of the objectives contained herein. The evaluation shall also include a review on the functioning of Article 13. The evaluation shall be followed, if appropriate, by a legislative proposal to amend this Directive.

Amendment 57

Proposal for a directive

Article 20 — paragraph 3

Text proposed by the Commission

Amendment

3. The delegation of power referred to in Articles 9, 10 and 13 may be revoked at any time 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.

3. The delegation of power referred to in Articles 9, 10 and 13 and Article 17(2a) may be revoked at any time 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.

Amendment 58

Proposal for a directive

Article 20 — paragraph 6

Text proposed by the Commission

Amendment

6. A delegated act adopted pursuant to Articles 9, 10 and 13 shall enter into force only if no objection has been expressed 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 Council has informed the Commission that it will not object. That period shall be extended by two months at the initiative of the Council.

6. A delegated act adopted pursuant to Articles 9, 10 and 13 and Article 17(2a) shall enter into force only if no objection has been expressed 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 Council has informed the Commission that it will not object. That period shall be extended by two months at the initiative of the Council.

Amendment 59

Proposal for a directive

Annex I — row 4 a (new)

Text proposed by the Commission	Amendment
	Language preferences in which you want to receive information related to the elections.

Amendment 60

Proposal for a directive

Annex II — paragraph 4

Text proposed by the Commission	Amendment
I have not been deprived of the right to stand as a candidate in my home Member State.	I have not been deprived of the right to stand as a candidate in my home Member State (1a) .

(1) OJ C 77, 28.3.2002, p. 1.

(24) https://ec.europa.eu/info/files/eu-citizenship-report-2020-empowering-citizens-and-protecting-their-rights_en

(27) Council Decision 2010/48/EC of 26 November 2009 concerning the conclusion, by the European Community, of the United Nations Convention on the Rights of Persons with Disabilities (OJ L 23, 27.1.2010, p. 35).

(1a) Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012 (OJ L 295, 21.11.2018, p. 1).

(30) Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012 (OJ L 295, 21.11.2018, p. 1).

(1a) Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70).

(1a) Only if also required from nationals of the Member State of residence

11.8.2023

Official Journal of the European Union

C 283/100

P9_TA(2023)0038

Electoral rights of mobile Union citizens in municipal elections

European Parliament legislative resolution of 14 February 2023 on the proposal for a Council directive laying down detailed arrangements for the exercise of the right to vote and stand as a candidate in municipal elections by Union citizens residing in a Member State of which they are not nationals (recast) (COM(2021)0733 — C9-0022/2022 — 2021/0373(CNS))

(Special legislative procedure — consultation — recast)

(2023/C 283/21)

The European Parliament,

—	having regard to the Commission proposal to the Council (COM(2021)0733),

—	having regard to Article 22(1) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C9-0022/2022),

—	having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts (1),

—	having regard to the letter of 8 November 2022 from the Committee on Legal Affairs to the Committee on Civil Liberties, Justice and Home Affairs in accordance with Rule 110(3) of its Rules of Procedure,

—	having regard to Rules 110 and 82 of its Rules of Procedure,

—	having regard to the opinion of the Committee on Constitutional Affairs,

—	having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A9-0005/2023),

Calls on the Commission to alter its proposal accordingly, in accordance with Article 293(2) of the Treaty on the Functioning of the European Union;

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

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

Amendment 1

Proposal for a directive

Recital 1 a (new)

Text proposed by the Commission

Amendment

(1a)

The 1992 Treaty on European Union (the ‘Maastricht Treaty’) marked a new stage in the process of creating an ever-closer union among the peoples of Europe. One of its tasks was to organise, in a manner demonstrating consistency and solidarity, relations between the peoples of the Member States. Its fundamental objectives included strengthening the protection of the rights and interests of the nationals of its Member States through the introduction of a citizenship of the Union.

Amendment 2

Proposal for a directive

Recital 3

Text proposed by the Commission

Amendment

(3)	The detailed arrangements governing the exercise of the right to vote and to stand as a candidate in municipal elections are set out in Council Directive 94/80/EC.

(3)	The detailed arrangements governing the exercise of the right to vote and to stand as a candidate in municipal elections by Union citizens residing in a Member State of which they are not nationals are set out in Council Directive 94/80/EC.

Amendment 3

Proposal for a directive

Recital 4

Text proposed by the Commission

Amendment

(4)

In the EU Citizenship Report 2020 (22), the Commission stressed the need to update, clarify and strengthen the rules on the exercise of the right to vote and to stand as a candidate in municipal elections in order to ensure that they support the broad and inclusive participation of mobile Union citizens. Taking also into account the experience gained in its application to successive elections, and in order to take account of changes introduced by the amendments to the Treaties, several of the provisions of that Directive should be updated.

(4)

In the EU Citizenship Report 2020 (22), the Commission stressed the need to update, clarify and strengthen the rules on the exercise of the right to vote and to stand as a candidate in municipal elections in order to ensure that they support the broad and inclusive participation of Union citizens residing in a Member State of which they are not nationals . Taking also into account the experience gained in its application to successive municipal elections, and in order to take account of changes introduced by the amendments to the Treaties, several of the provisions of that Directive should be updated.

Amendment 4

Proposal for a directive

Recital 5

Text proposed by the Commission

Amendment

(5)

The electoral procedure related to municipal elections falls within the competences of the Member States that organise them reflecting their specific traditions and in accordance with international and European standards. In line with International Covenant on Civil and Political Rights as well as the law of the European Convention on Human Rights, Member States should not only recognise and respect the right of Union citizens to vote and to stand as a candidate but also ensure easy access to their electoral rights by removing as many obstacles to their participation in elections as possible .

(5)

The electoral procedure related to municipal elections falls within the competences of the Member States that organise them reflecting their constitutional and specific traditions and in accordance with international and European standards. In line with the International Covenant on Civil and Political Rights , the United Nations Convention on the Rights of Persons with Disabilities as well as the law of the European Convention on Human Rights, Member States should not only recognise and respect the right of Union citizens residing in a Member State of which they are not nationals to vote and to stand as a candidate in municipal elections but also ensure full and effective access to their electoral rights by removing all obstacles to their participation in municipal elections , as well as by providing full access to relevant information .

Amendment 5

Proposal for a directive

Recital 6

Text proposed by the Commission

Amendment

(6)

In order to ensure that Union citizens who reside in a Member State of which they are not nationals (‘non-national Union citizens’) are able to exercise their right to vote and to stand as candidates in municipal elections under the same conditions as nationals of their host Member State, the conditions governing registration and participation in such elections should be clarified in order to ensure equal treatment between national and non-national Union citizens. In particular, Union citizens seeking to vote and to stand as candidates in municipal elections in their Member State of residence should be treated equally as regards any periods of residence that are to be fulfilled as a condition for the exercise of the right, as well as the proofs for demonstrating compliance with such a condition.

(6)

In order to ensure that Union citizens who reside in a Member State of which they are not nationals (‘non-national Union citizens’) are able to exercise their right to vote and to stand as candidates in municipal elections under the same conditions as nationals of their host Member State, the conditions governing registration and participation in such elections should be clarified in order to ensure equal treatment between national and non-national Union citizens. In particular, Union citizens seeking to vote and to stand as candidates in municipal elections in their Member State of residence should be treated equally to nationals of that Member State as regards any periods of residence that are to be fulfilled as a condition for the exercise of the right, as well as the proofs for demonstrating compliance with such a condition.

Amendment 6

Proposal for a directive

Recital 7

Text proposed by the Commission

Amendment

(7)

In addition, non-national Union citizens should not be required to fulfil any special conditions in order to exercise the right to vote or stand in municipal elections unless, exceptionally, a different treatment of nationals and non-nationals is justified by circumstances specific to the latter distinguishing them from the former.

(7)

In addition, non-national Union citizens should not be required to fulfil any special conditions in order to exercise the right to vote or stand in municipal elections unless, exceptionally, a different treatment of nationals and non-nationals is justified by exceptional circumstances specific to the latter distinguishing them from the former. Any such difference in treatment needs, in any event, to be justified.

Amendment 7

Proposal for a directive

Recital 8

Text proposed by the Commission

Amendment

(8)

In order to facilitate the exercise by Union citizens of their right to vote and to stand as a candidate in their country of residence, such citizens should be entered on the electoral roll in sufficient time in advance of polling day. The formalities applicable to their registration should be as simple as possible. It should be sufficient for the Union citizens concerned to produce a valid identity card and a formal declaration that include elements evidencing their entitlement to participate in the elections. Once registered, non-national Union citizens should remain on the electoral roll under the same conditions as Union citizens who are nationals of the Member State concerned, for as long as they satisfy the conditions for exercising the right to vote. Additionally, Union citizens should provide the competent authorities with contact information, enabling those authorities to keep them informed on a regular basis.

(8)

In order to facilitate the exercise by non-national Union citizens of their right to vote and to stand as a candidate in their Member State of residence, Member States should endeavour to make immediate registration as a voter available, after Union citizens have expressed a wish to vote in their Member State of residence. Where immediate registration was not used, citizens should be entered on the electoral roll in sufficient time in advance of polling day. The formalities applicable to their registration should be as simple , as easily accessible and as similar as possible across Member States . It should be sufficient for the Union citizens concerned to produce a valid identity card and in duly justified cases a formal declaration that include elements evidencing their entitlement to participate in the municipal elections. Once registered, non-national Union citizens should remain on the electoral roll under the same conditions as Union citizens who are nationals of the Member State concerned, for as long as they satisfy the conditions for exercising the right to vote. Additionally, Union citizens should provide the competent authorities with contact information, enabling those authorities to keep them informed on a regular basis. Member States should establish distinct electoral rolls for municipal and European elections.

Amendment 8

Proposal for a directive

Recital 8 a (new)

Text proposed by the Commission

Amendment

(8a)	Member States should ensure that the requirements for registering as a candidate and for submitting a list of candidates respect democratic, proportionate and transparent standards and are applicable to both national and non-national Union citizens.

Amendment 9

Proposal for a directive

Recital 8 b (new)

Text proposed by the Commission

Amendment

(8b)	To enable Union citizens residing in a Member State of which they are not nationals to be eligible in practice to stand as candidates in municipal elections, national political parties should not make membership conditional on having the nationality of the Member State of election.

Amendment 10

Proposal for a directive

Recital 10

Text proposed by the Commission

Amendment

(10)

Disqualification from the right to stand as a candidate may be ordered by an individual decision of the authorities either of the Member State of residence or of the home Member State. In view of the political significance of the holding of elected municipal office, Member States should be entitled to directly obtain information from the home Member State related to the deprivation of the right to stand as a candidate in the candidate’s home Member State. Decisions depriving Union citizens of legal capacity due to disability taken by their home Member State should not render them ineligible to stand as candidates in their Member State of residence provided that the law of the Member State of residence upholds that right for all persons with such disabilities without restrictions.

Amendment 11

Proposal for a directive

Recital 11

Text proposed by the Commission

Amendment

(11)

Since the duties of the leadership of basic local government units may involve taking part in the exercise of official authority and in the safeguarding of the general interest, Member States should be able to reserve those offices for their nationals in full respect of the principle of proportionality .

deleted

Amendment 12

Proposal for a directive

Recital 12

Text proposed by the Commission

Amendment

(12)	It should likewise be possible for participation by elected municipal officers in the election of a parliamentary assembly to be reserved for own nationals.

deleted

Amendment 13

Proposal for a directive

Recital 14

Text proposed by the Commission

Amendment

(14)

The right conferred on non-national Union citizens to vote and to stand as a candidate in municipal elections in the Member State of residence is not a substitute for the right to vote and to stand as a candidate in the Member State of which the Union citizen is a national. It is therefore necessary to ensure that the freedom of Union citizens to choose whether or not to take part in municipal elections in the Member State in which they reside is respected and that those citizens are able to express their wish to exercise their right to vote in their Member State of residence . Provision may therefore be made by Member States where voting is not compulsory to automatically register those citizens on the electoral roll .

(14)

Amendment 14

Proposal for a directive

Recital 15

Text proposed by the Commission

Amendment

(15)	The accessibility of information on electoral rights and procedures is a key component in ensuring the effective exercise of the right enshrined in Article 20(2), point (b) and Article 22(1) TFEU.

(15)

The accessibility of information on electoral rights and procedures is a key component in ensuring the effective exercise of the right enshrined in Article 20(2), point (b) and Article 22(1) TFEU. Non-national Union citizens should have access to information about their electoral rights and about electoral procedures upon their arrival in the Member State, periodically and sufficiently in advance of the municipal elections. They should also be informed about the fact that there are distinct electoral rolls for the municipal elections and the elections for the European Parliament.

Amendment 15

Proposal for a directive

Recital 16

Text proposed by the Commission

Amendment

(16)

The lack of adequate information, in the context of electoral procedures, affects citizens in the exercise of their electoral rights as part of their rights as Union citizens. It also affects the capacity of competent authorities to exercise their rights and to deliver on their obligations. Member States should be required to designate authorities with special responsibilities for providing appropriate information to Union citizens on their rights under Article 20(2), point (b), and Article 22(1) TFEU and the national rules and procedures regarding participation in and the organization of municipal elections , and information on the electoral and political system, including the powers of basic local government units. Such authorities should coordinate information campaigns together with local authorities and, whenever possible civil society organisations, and they should use a wide range of information channels . In order to ensure the effectiveness of communications, information should be provided in due time, on a regular basis and in clear and comprehensible terms , ideally without exceeding a level of complexity superior to level B1 (intermediate) of the Council of Europe’s Common European Framework of Reference for Languages .

Amendment 16

Proposal for a directive

Recital 17

Text proposed by the Commission

Amendment

(17)

In order to improve the accessibility of electoral information, such information should be made available in all official languages of the Union and where offered by the authorities, in the preferred language of the Union voter, which they should be able to indicate at the time of registration. Where necessary, the Commission should provide support to Member States for the translation of information on the registration and electoral procedures into the official languages of the Union .

Amendment 17

Proposal for a directive

Recital 18

Text proposed by the Commission

Amendment

(18)

Any derogation from the general rules of this Directive has to be warranted, pursuant to Article 22 (1) TFEU, by problems specific to a Member State and has to be in line with the requirements of Article 52 of the Charter, including the requirement that any limitations to the exercise of the right to vote and to stand as a candidate in municipal elections by Union citizens residing in a Member State of which they are not nationals shall be provided by law and shall be subject to the principles of proportionality and necessity. Additionally, any derogation has, by its very nature, to be subject to review as provided by Article 47 of the Charter. In view of the limited use made by the Member States of the possibilities laid down in Directive 94/80/EC to derogate from its general rules, those possibilities for derogations should no longer be offered.

Amendment 18

Proposal for a directive

Recital 19

Text proposed by the Commission

Amendment

(19)

Such specific problems may arise in a Member State in which the proportion of Union citizens of voting age, who reside in it but are not nationals of it, is very significantly above average. Where such citizens form more than 20 % of the total electorate, derogations are warranted . Such derogations are to be based on the criterion of period of residence.

deleted

Amendment 19

Proposal for a directive

Recital 20

Text proposed by the Commission

Amendment

(20)

Member States in which the proportion of non-national Union citizens of voting age exceeds 20 % of the total number of Union citizens of voting age who reside there should be able to lay down, in compliance with Article 22(1) TFEU, specific provisions concerning the composition of lists of candidates.

deleted

Amendment 20

Proposal for a directive

Recital 21

Text proposed by the Commission

Amendment

(21)	Account has to be taken of the fact that in certain Member States residents who are nationals of other Member States have the right to vote in elections to the national parliament and consequently the formalities provided for in this Directive can be eased.

deleted

Amendment 21

Proposal for a directive

Recital 22

Text proposed by the Commission

Amendment

(22)

The Kingdom of Belgium is characterized by specific features and balances linked to the fact that Articles 1 to 4 of its Constitution provide for three official languages and a territorial division into regions and communities, as a result of which full application of this Directive in certain communes might have effects such as to necessitate providing for the possibility of a derogation from the provisions of this Directive in order to take account of those specific features and balances;

deleted

Amendment 22

Proposal for a directive

Recital 23

Text proposed by the Commission

Amendment

(23)

Data regarding the exercise of rights and the application of this Directive can be useful in the identification of measures necessary to ensure the effective exercise of Union citizens’ electoral rights. In order to improve the collection of data for municipal elections, it is necessary to introduce regular monitoring and reporting of implementation by Member States, which should include, besides statistical data, information on the measures taken to support participation in elections of non-national Union citizens. The Commission should assess the application of the Directive, including any changes in the electorate that have taken place since its entry into force and submit a report in this connection to the European Parliament and to the Council.

(23)

Data regarding the exercise of rights and the application of this Directive is important in the evaluation of the relevant Union policy and identification of measures necessary to ensure the effective exercise of Union citizens’ electoral rights. In order to improve the collection and reporting of data by Member States for municipal elections, it is necessary to introduce regular monitoring and reporting of implementation by Member States, which should include, besides statistical data, information on the measures taken to support participation in elections of non-national Union citizens , including for people with disabilities. Such data should be collected in a transparent and secure way across all Member States and on the basis of the same indicators. To that effect, the Commission should set up common indicators for the provision by the Member States of the statistical data concerned . The Commission should assess the application of the Directive, including any changes in the electorate that have taken place since its entry into force and submit a report in this connection to the European Parliament and to the Council.

Amendment 23

Proposal for a directive

Recital 24

Text proposed by the Commission

Amendment

(24)

It is necessary that the Commission conduct its own evaluation of the application of this Directive within a reasonable timeframe from its entry into force, in close connection to the evaluation of the application of the Council Directive 93/109/EC (23) of 6 December 1993 laying down detailed arrangements for the exercise of the right to vote and stand as a candidate in elections to the European Parliament for Union citizens residing in a Member State of which they are not nationals.

(24)

Amendment 24

Proposal for a directive

Recital 26

Text proposed by the Commission

Amendment

(26)

The Member States, by ratifying, and the Union, by concluding (25), have committed themselves to ensure compliance with the United Nations Convention on the Rights of Persons with Disabilities including on Article 29 on Participation in political and public life. In order to ensure inclusive and equal electoral participation for persons with disabilities , particularly taking into account the substantial impact local decisions can have on matters of accessibility and the life of persons with disabilities and older citizens , arrangements for Union citizens residing in a Member State of which they are not nationals to exercise the right to vote and to stand as a candidate there in municipal elections should have due regard to the specific needs of citizens with a disability and older citizens. In particular, Member States should consider implementing appropriate arrangements tailored to their national voting procedures to facilitate voting by citizens with disabilities, such as the possibility to choose polling stations and the use of assistive technologies, formats and techniques like Braille, large print, audio-based information, tactile stencils, easy to read information and sign language communication. Furthermore, Member States should allow for persons with disabilities to receive, at their request, assistance in voting by a person of their choice. Member States should strive to provide the possibility of postal voting and may provide for other complementary tools to facilitate voting, such as advance physical voting, proxy voting and electronic and online voting.

Amendment 25

Proposal for a directive

Article 2 — paragraph 1 — point d a (new)

Text proposed by the Commission

Amendment

(da)	‘Union voter’ means any Union citizen who has the right to vote in municipal elections in this person’s Member State of residence in accordance with this Directive;

Amendment 26

Proposal for a directive

Article 2 — paragraph 1 — point d b (new)

Text proposed by the Commission

Amendment

(db)	‘Union candidate’ means any Union citizen who has the right to stand as a candidate in municipal elections in this person’s Member State of residence in accordance with this Directive;

Amendment 27

Proposal for a directive

Article 4 — paragraph 1

Text proposed by the Commission	Amendment
1. If, in order to vote or to stand as candidates, nationals of the Member State of residence must have spent a certain minimum period as a resident in the territory of that State, voters and persons entitled to stand as candidates pursuant to Article 3 shall be deemed to have fulfilled that condition where they have resided for an equivalent period in other Member States.	1. If, in order to vote or to stand as candidates, nationals of the Member State of residence must have spent a certain minimum period as a resident in the territory of that State, Union voters and Union candidates shall be deemed to have fulfilled that condition where they have resided for an equivalent period in other Member States.

Amendment 28

Proposal for a directive

Article 4 — paragraph 2

Text proposed by the Commission	Amendment
2. If, under the laws of the Member State of residence, its own nationals may vote or stand as candidates only in the basic local government unit in which they have their principal residence, voters and persons entitled to stand as candidates pursuant to Article 3 shall also be subject to that condition.	2. If, under the laws of the Member State of residence, its own nationals may vote or stand as candidates only in the basic local government unit in which they have their principal residence, Union voters and Union candidates shall also be subject to that condition.

Amendment 29

Proposal for a directive

Article 5 — paragraph 1

Text proposed by the Commission

Amendment

1. Member States of residence may provide that Union citizens who, through an individual decision under civil law or a criminal law decision, have been deprived of their right to stand as a candidate under the law of their home Member State, shall be precluded from exercising that right in municipal elections. However, decisions depriving Union citizens of legal capacity due to disability taken by their home Member State shall not render them ineligible to stand as candidates in municipal elections in their Member State of residence provided that the law of the Member State of residence upholds that right for all persons with such disabilities without restrictions.

Amendment 30

Proposal for a directive

Article 5 — paragraph 3

Text proposed by the Commission	Amendment
3. Member States may provide that only their own nationals may hold the office of elected head, deputy or member of the governing college of the executive of a basic local government unit if elected to hold office for the duration of their mandate.	deleted
The Member States may also lay down that the temporary or interim performance of the functions of a head, deputy or member of the governing college of the executive of a basic local government unit may be restricted to own nationals.
Having regard to the Treaty and to general legal principles, Member States may take appropriate, necessary and proportional measures to ensure that the offices referred to in the first subparagraph can only be held and the interim functions referred to in the second subparagraph can be performed only by their own nationals.

Amendment 31

Proposal for a directive

Article 5 — paragraph 4

Text proposed by the Commission	Amendment
4. Member States may also provide that Union citizens elected as members of a representative council shall take part in neither the designation of delegates who can vote in a parliamentary assembly nor the election of the members of that assembly.	deleted

Amendment 32

Proposal for a directive

Article 6 — paragraph 1

Text proposed by the Commission	Amendment
1. Persons entitled to stand as candidates pursuant to Article 3 shall be subject to the same conditions concerning incompatibility as apply, under the laws of the Member State of residence, to nationals of that State.	1. Union candidates shall be subject to the same conditions concerning incompatibility as apply, under the laws of the Member State of residence, to nationals of that State.

Amendment 33

Proposal for a directive

Article 7 — paragraph 1

Text proposed by the Commission	Amendment
1. Voters fulfilling the conditions of Article 3 shall exercise their right to vote in municipal elections in the Member State of residence if they have expressed the wish to do so.	1. Union voters fulfilling the conditions of Article 3 shall exercise their right to vote in municipal elections in the Member State of residence if they have expressed the wish to do so.

Amendment 34

Proposal for a directive

Article 7 — paragraph 2

Text proposed by the Commission	Amendment
2. If voting is compulsory in the Member State of residence, voters pursuant to Article 3 who have been entered on the electoral roll there shall also be obliged to vote.	2. If voting is compulsory in the Member State of residence, Union voters who have been entered on the electoral roll there shall also be obliged to vote.

Amendment 35

Proposal for a directive

Article 7 — paragraph 3

Text proposed by the Commission	Amendment
3. Member States where voting is not compulsory may provide for the automatic registration of voters pursuant to Article 3 on the electoral roll.	3. Member States shall endeavour to introduce immediate registration of non-national Union citizens as Union voters on the electoral roll upon receiving the consent of the Union citizens concerned at the time of registering as a resident in the Member State of residence . Union voters who have opted out of immediate registration shall be invited to register well in advance of the election period.

Amendment 36

Proposal for a directive

Article 8 — paragraph 1

Text proposed by the Commission	Amendment
1. Member States shall take the necessary measures to enable a voter pursuant to Article 3 to be entered on the electoral roll sufficiently in advance of polling day.	1. Member States shall take the necessary measures to enable a Union voter to be entered on the electoral roll sufficiently in advance of polling day.

Amendment 37

Proposal for a directive

Article 8 — paragraph 2 — subparagraph 1

Text proposed by the Commission	Amendment
In order to have their name entered on the electoral roll, voters pursuant to Article 3 shall produce the same documents as voters who are nationals .	In order to have their name entered on the electoral roll, Union voters shall produce the same or equivalent documents as voters who are nationals. They shall also produce a formal declaration in accordance with the template set out in Annex II.

Amendment 38

Proposal for a directive

Article 8 — paragraph 2 — subparagraph 2

Text proposed by the Commission

Amendment

The Member State of residence may also require a voter pursuant to Article 3 to produce a valid identity document, along with a formal declaration drawn up in accordance with the template set out in Annex II.

The Member State of residence may also require Union voter s to:

(a)	produce a valid identity document;

(b)	indicate the date from which they have been resident in that Member State or in another Member State;

(c)	if they so wish, indicate one or more language preferences in which they would like to receive the information referred to in Article 12(2), selected among the official languages of the Union, or, where offered by the competent authority, other languages.

Amendment 39

Proposal for a directive

Article 8 — paragraph 3 — subparagraph 1

Text proposed by the Commission

Amendment

3. Voters pursuant to Article 3 who have been entered on an electoral roll in the Member State of residence shall remain thereon, under the same conditions as voters who are nationals, until such a time as they are removed because they no longer satisfy the requirements for exercising the right to vote. Where Member States provide for the notification of nationals of their removal from the electoral roll, those provisions shall apply equally to voters pursuant to Article 3 .

3. Union voters who have been entered on an electoral roll in the Member State of residence shall remain thereon, under the same conditions as voters who are nationals, until such a time as they are removed because they no longer satisfy the requirements for exercising the right to vote. Where Member States provide for the notification of nationals of their removal from the electoral roll, those provisions shall apply equally to Union voters. This notification shall be provided to Union voters in question in a Union language of this person’s preference indicated in the formal declaration, if the Union voter has provided such preference .

Amendment 40

Proposal for a directive

Article 8 — paragraph 5

Text proposed by the Commission	Amendment
5. Without prejudice to the rules of any Member State concerning the right to vote or to stand as a candidate of nationals who reside outside its territory, the fact that voters pursuant to Article 3 have been entered on the electoral roll of their Member State of residence shall not result in their removal from the electoral roll of the home Member State.	5. Without prejudice to the rules of any Member State concerning the right to vote or to stand as a candidate of nationals who reside outside its territory, the fact that Union voters have been entered on the electoral roll of their Member State of residence shall not result in their removal from the electoral roll of the home Member State.

Amendment 41

Proposal for a directive

Article 9 — paragraph 1

Text proposed by the Commission	Amendment
1. When submitting an application to stand as candidates , persons entitled to stand as candidates pursuant to Article 3 shall produce the same supporting documents as a candidate who is a national . The Member State of residence may require the persons concerned to produce a formal declaration drawn up in accordance with the template set out in Annex III .	1. When submitting an application to stand as candidates , non-national Union citizens shall produce the same or equivalent supporting documents as candidates who are nationals . The Member State of residence may require the persons concerned to produce a formal declaration drawn up in accordance with the template set out in Annex III.

Amendment 42

Proposal for a directive

Article 9 — paragraph 2 — introductory part

Text proposed by the Commission	Amendment
2. The Member State of residence may also require persons entitled to stand as candidates pursuant to of Article 3 to:	2. The Member State of residence may also require Union candidates to:

Amendment 43

Proposal for a directive

Article 9 — paragraph 2 — point a

Text proposed by the Commission

Amendment

(a)	state in the formal declaration which they produce in accordance with paragraph 1 when submitting their application to stand as candidates that they have not been deprived of the right to stand as a candidate in their home Member State;

(a)

state in the formal declaration which they produce in accordance with paragraph 1 when submitting their application to stand as candidates that they have not been deprived of the right to stand as a candidate in their home Member State . In case of legitimate doubt regarding the content of the formal declaration, the Member State of residence may directly request to the home Member State of the non-national Union citizen, before or after the election, a certification that the person has not been deprived of the right to stand as a candidate in that Member State ;

Amendment 44

Proposal for a directive

Article 9 — paragraph 2 — point b

Text proposed by the Commission

Amendment

(b)

in case of doubt regarding the content of the declaration pursuant to point (a), to produce before or after the election an attestation from the competent administrative authorities in their home Member State certifying that they have not been deprived of the right to stand as a candidate in that State or that no such disqualification is known to those authorities;

deleted

Amendment 45

Proposal for a directive

Article 9 — paragraph 2 — point e a (new)

Text proposed by the Commission

Amendment

(ea)	if they so wish, indicate one or more languages in which they would like to receive the information referred to in Article 12(2), selected from the official languages of the Union, or, where offered by the competent authority, other languages.

Amendment 46

Proposal for a directive

Article 10 — paragraph 1

Text proposed by the Commission	Amendment
Member States that provide for the possibility for nationals to vote by means of advance voting, postal voting, and electronic and internet voting in municipal elections shall ensure that such means of voting are also available under the same conditions to voters pursuant to Article 3 .	Member States shall endeavour to provide for the possibility to vote by means of postal voting in municipal elections. Where Member States allow their nationals to vote by means of postal voting, advance voting, proxy voting or electronic and internet voting in municipal elections , they shall ensure that such means of voting are also available under the same conditions to Union voters.

Amendment 47

Proposal for a directive

Article 11 — paragraph 1

Text proposed by the Commission	Amendment
1. The Member State of residence shall inform the concerned persons in good time and in clear and plain language of the decision taken on their application for entry on the electoral roll or of the decision concerning the admissibility of their application to stand as a candidate.	1. The Member State of residence shall inform the concerned persons of the decision taken on their immediate registration as a voter or their application for entry on the electoral roll or of the decision concerning the admissibility of their application to stand as a candidate.

Amendment 48

Proposal for a directive

Article 11 — paragraph 2

Text proposed by the Commission

Amendment

2. Should Union citizens not be entered on the electoral roll or have their application form entry refused or have their application to stand as a candidate rejected, the person concerned shall be entitled to legal remedies on similar terms as the laws of the Member State of residence prescribe for voters and persons entitled to stand as candidates who are its nationals.

2. Should Union citizens not be entered on the electoral roll or have their immediate registration or application form entry refused or have their application to stand as a candidate rejected, the person concerned shall be entitled to effective legal remedies on the same terms as the laws of the Member State of residence prescribe for voters and persons entitled to stand as candidates who are its nationals.

Amendment 49

Proposal for a directive

Article 11 — paragraph 3

Text proposed by the Commission	Amendment
3. In case of errors in the electoral roll or in the list of candidates for municipal elections, the person concerned shall be entitled to legal remedies on similar terms as the laws of the Member State of residence prescribe for voters and persons entitled to stand as candidates who are its nationals.	3. In case of errors in the electoral roll or in the list of candidates for municipal elections, the person concerned shall be entitled to effective legal remedies on similar terms as the laws of the Member State of residence prescribe for voters and persons entitled to stand as candidates who are its nationals.

Amendment 50

Proposal for a directive

Article 11 — paragraph 3 a (new)

Text proposed by the Commission	Amendment
	3a. Member States shall inform, in a clear and plain language and in a timely manner, the person concerned of the decision referred to in paragraph 1 and of the legal remedies referred to in paragraphs 2 and 3, in a language of the person’s preference indicated in the formal declaration, if the Union voter has indicated such a language preference.

Amendment 51

Proposal for a directive

Article 12 — paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall designate a national authority with responsibility for taking the necessary measures to ensure that non-national Union citizens are informed in a timely manner of the conditions and detailed rules for registration as a voter or candidate in municipal elections.

1. Member States shall designate a competent authority with responsibility for taking the necessary measures to ensure that non-national Union citizens are informed in a timely manner of the conditions and detailed rules for registration as a voter or candidate in municipal elections. The information shall be provided by the relevant authorities in a coordinated way and, whenever possible, in cooperation with civil society organisations, upon registration as a resident and in a timely manner ahead of elections.

Amendment 52

Proposal for a directive

Article 12 — paragraph 2 — introductory part

Text proposed by the Commission	Amendment
2. The Member States shall ensure that the designated authority pursuant to paragraph 1, shall directly and individually communicate to voters and persons entitled to stand as candidates pursuant to Article 3, the following information:	2. The Member States shall ensure that the designated authority pursuant to paragraph 1, shall directly and individually communicate to Union voters and Union candidates the following information:

Amendment 53

Proposal for a directive

Article 12 — paragraph 2 — point b

Text proposed by the Commission

Amendment

(b)	once available, the date of the election and how and where to vote,

(b)	once available, the date of the election and how and where to vote, including specific means of voting referred to in Article 10, where applicable;

Amendment 54

Proposal for a directive

Article 12 — paragraph 2 — point b a (new)

Text proposed by the Commission

Amendment

(ba)	the specific measures to facilitate the exercise of the right to vote for particular groups of voters, such as persons with disabilities,

Amendment 55

Proposal for a directive

Article 12 — paragraph 2 — point b b (new)

Text proposed by the Commission

Amendment

(bb)	information on the electoral and political system, including the powers of basic local government units,

Amendment 56

Proposal for a directive

Article 12 — paragraph 3 — subparagraph 1

Text proposed by the Commission

Amendment

The information on conditions and detailed rules for registration as a voter or candidate in municipal elections and the information referred to in paragraph 2 shall be provided in clear and plain language.

The information on conditions and detailed rules for registration as a voter or candidate in municipal elections referred to in paragraph 1 and any other information communicated pursuant to this Directive shall be provided in clear and plain language. The information referred to in paragraph 1 shall be provided in all official languages of the Union, while the information referred to in paragraph 2 shall be communicated to the person concerned in a language of this person’s preference, indicated in the formal declaration, if the Union voter has provided such preference .

Amendment 57

Proposal for a directive

Article 12 — paragraph 3 — subparagraph 2

Text proposed by the Commission

Amendment

The information referred to in the first subparagraph shall, in addition to being communicated in one or more of the official languages of the host Member State also be accompanied by a translation in at least one other official language of the Union that is broadly understood by the largest possible number of European Union citizens residing on its territory, in accordance with the quality requirements in Article 9 of Regulation (EU) 2018/1724 of the European Parliament and of the Council (28) .

deleted

Amendment 58

Proposal for a directive

Article 12 — paragraph 3 a (new)

Text proposed by the Commission

Amendment

3a. The Commission shall ensure that the information relating to the right to vote and to stand as a candidate in municipal elections by Union citizens residing in a Member State of which they are not nationals, under Article 20(2), point (b), and Article 22(1) TFEU, and the information referred to in paragraphs 1 and 2 of this Article, is made available to those citizens in a clear and accessible manner, in all official languages of the Union, where necessary, including via Europe Direct and Your Europe.

Amendment 59

Proposal for a directive

Article 12 — paragraph 4

Text proposed by the Commission

Amendment

4. Member States shall ensure that information on conditions and detailed rules for registration as a voter or candidate in municipal elections and information referred to in paragraph 2 is made accessible to persons with disabilities, older persons , people in remote areas, minority groups and those who face difficulties in voting generally by applying accessibility requirements as laid down in Annex I to Directive (EU) 2019/882 of the European Parliament and of the Council (1a) and by using means, modes and formats of communication that are appropriate to them, such as sign language, Braille or easy-to-read format . Member States may ensure that persons with disabilities receive, at their request, assistance in voting by a person of their choice.

Amendment 60

Proposal for a directive

Article 13

Text proposed by the Commission

Amendment

Article 13

deleted

Derogations

1. Where, in a given Member State, the proportion of Union citizens of voting age who reside in it but are not nationals of it exceeds 20 % of the total number of national and non-national Union citizens residing there who are of voting age, that Member State may, by way of derogation from this Directive:

(a)	restrict the right to vote to voters pursuant to Article 3 who have resided in that Member State for a minimum period, which may not be longer than the term for which the representative council of the municipality is elected;

(b)	restrict the right to stand as a candidate to persons entitled to stand as candidates pursuant to Article 3 who have resided in that Member State for a minimum period, which may not be longer than twice the term for which the representative council of the municipality is elected; and

(c)	take appropriate measures with regard to the composition of lists of candidates to encourage in particular the integration of Union citizens, who are nationals of another Member State.

2. The Kingdom of Belgium may, by way of derogation from the provisions of this Directive, apply the provisions of paragraph 1 point (a) to a limited number of local government units, the list of which it shall communicate at least one year before the local government unit elections for which it intends to invoke the derogation.

3. Where the laws of a Member State prescribe that the nationals of another Member State who reside there have the right to vote for the national parliament of that State and, for that purpose, may be entered on the electoral roll of that State under exactly the same conditions as national voters, the first Member State may, by way of derogation from this Directive, refrain from applying Articles 6 to 11 in respect of such persons.

4. Every six years after the entry into force of this Directive, the Commission shall submit to the European Parliament and to the Council a report in which it shall check whether the grant to the Member States concerned of a derogation pursuant to Article 22 (1) TFEU is still warranted and shall propose that any necessary adjustments be made. Member States which invoke derogations under paragraphs 1 and 2 shall furnish the Commission with all the necessary background information.

Amendment 61

Proposal for a directive

Article 14 — title

Text proposed by the Commission	Amendment
Reporting	Data collection and reporting

Amendment 62

Proposal for a directive

Article 14 — paragraph 1

Text proposed by the Commission

Amendment

1. Within three years of the entry into force of this Directive and every four years thereafter, the Member States shall report to the Commission on the application of this Directive in their territory, including on the application of Article 5(3) and (4). The report shall contain statistical data on the participation in municipal elections of voters and candidates pursuant to Article 3 and a summary of measures taken in that regard .

1. Within three years of the entry into force of this Directive and every four years thereafter, the Member States shall report to the public and to the Commission on the application of this Directive in their territory, including on the application of Article 5(3) and (4). In addition to general observations, the report shall contain statistical data on the participation in municipal elections of Union voters and Union candidates and a summary of measures taken to facilitate and encourage their participation. Those data shall be collected in a transparent, uniform, and secure way, based on common indicators .

Amendment 63

Proposal for a directive

Article 14 — paragraph 1 a (new)

Text proposed by the Commission	Amendment
	1a. The Commission is empowered to adopt delegated acts in accordance with Article 16 concerning the setting up of the common indicators for the collection of statistical data referred to in paragraph 1.

Amendment 64

Proposal for a directive

Article 15 — paragraph 1

Text proposed by the Commission	Amendment
Within two years after the 2029 elections to the European Parliament, the Commission shall assess the application of this Directive and produce an evaluation report on the progress towards achievement of the objectives contained herein.	Within two years after the 2029 elections to the European Parliament, the Commission shall assess the application of this Directive and produce an evaluation report on the progress towards achievement of the objectives contained herein. The evaluation shall be accompanied, if appropriate, by a legislative proposal to amend this Directive.

Amendment 65

Proposal for a directive

Article 16 — paragraph 2

Text proposed by the Commission	Amendment
2. The power to adopt delegated acts referred to in Articles 2, 8 and 9 shall be conferred on the Commission for an indeterminate period of time from the entry into force of this Directive.	2. The power to adopt delegated acts referred to in Article 2(2), Article 8(4), Article 9(3) and Article 14(1a) shall be conferred on the Commission for an indeterminate period of time from … [date of entry into force of this Directive].

Amendment 66

Proposal for a directive

Article 16 — paragraph 3

Text proposed by the Commission

Amendment

3. The delegation of power referred to in Articles 2, 8 and 9 may be revoked at any time 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.

3. The delegation of power referred to in Article 2(2), Article 8(4), Article 9(3) and Article 14(1a) may be revoked at any time 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.

Amendment 67

Proposal for a directive

Article 16 — paragraph 6

Text proposed by the Commission

Amendment

6. A delegated act adopted pursuant to Articles 2, 8 and 9 shall enter into force only if no objection has been expressed 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 two months at the initiative of the European Parliament or of the Council.

6. A delegated act adopted pursuant to Article 2(2), Article 8(4), Article 9(3) and Article 14(1a) shall enter into force only if no objection has been expressed 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 two months at the initiative of the European Parliament or of the Council.

Amendment 68

Proposal for a directive

Article 19 — paragraph 2

Text proposed by the Commission	Amendment
Articles 1 to 7, 8(1) , 11(2) and 13 shall apply from 31 December 2023.	Articles 1 to 7, Article 8(1) and Article 11(2) shall apply from 31 December 2023.

Amendment 69

Proposal for a directive

Annex II — title

Text proposed by the Commission	Amendment
	ANNEX II — Formal declaration submitted by Union voters

Amendment 70

Proposal for a directive

Annex II — paragraph 1 a (new)

Text proposed by the Commission	Amendment
	I declare that I accept future communication related to voting in the municipal elections in one or more of the following languages:

Amendment 71

Proposal for a directive

Annex II — table 1 a (new)

Text proposed by the Commission

Amendment

I have been a resident in … (Name of residence Member State) for … (Period) (1a)
Place/date:
Signature:

Amendment 72

Proposal for a directive

Annex III — title

Text proposed by the Commission	Amendment
	ANNEX III — Formal declaration submitted by Union candidates

Amendment 73

Proposal for a directive

Annex III — paragraph 1 a (new)

Text proposed by the Commission	Amendment
	I declare that I accept future communication related to standing as a candidate in the municipal elections in one or more of the following languages:

Amendment 74

Proposal for a directive

Annex III — table 1 a (new)

Text proposed by the Commission

Amendment

I have been a resident in … (Name of residence Member State) for … (Period) (1a)
Place/date:
Signature:

(1) OJ C 77, 28.3.2002, p. 1.

(22) EU Citizenship Report 2020 Empowering citizens and protecting their rights, COM/2020/730 final.

(23) Council Directive 93/109/EC of 6 December 1993 laying down detailed arrangements for the exercise of the right to vote and stand as a candidate in elections to the European Parliament for Union citizens residing in a Member State of which they are not nationals (recast).

(25) Council Decision 2010/48/EC of 26 November 2009 concerning the conclusion, by the European Community, of the United Nations Convention on the Rights of Persons with Disabilities (OJ L 23, 27.1.2010, p. 35).

(28) Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012 (OJ L 295, 21.11.2018, p. 1–38)

(1a) Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and service (OJ L 151, 7.6.2019, p. 70).

(1a) Only if required by national legislation.

11.8.2023

Official Journal of the European Union

C 283/132

P9_TA(2023)0044

Joint Undertakings under Horizon Europe: Chips Joint Undertaking

European Parliament legislative resolution of 15 February 2023 on the proposal for a Council regulation amending Regulation (EU) 2021/2085 establishing the Joint Undertakings under Horizon Europe, as regards the Chips Joint Undertaking (COM(2022)0047 — C9-0113/2022 — 2022/0033(NLE))

(Consultation)

(2023/C 283/27)

The European Parliament,

—	having regard to the Commission proposal to the Council (COM(2022)0047),

—	having regard to Articles 187 and the first subparagraph of Article 188 of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C9-0113/2022),

—	having regard to Rule 82 of its Rules of Procedure,

—	having regard to the report of the Committee on Industry, Research and Energy (A9-0012/2023),

Approves the Commission proposal as amended;

Calls on the Commission to alter its proposal accordingly, in accordance with Article 293(2) of the Treaty on the Functioning of the European Union;

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

Asks the Council to consult Parliament again if it intends to substantially amend the Commission proposal;

Instructs its President to forward its position to the Council and the Commission.

Amendment 1

2022/0033 (NLE)

Proposal for a

COUNCIL REGULATION

amending Regulation (EU) 2021/2085 establishing the Joint Undertakings under Horizon Europe, as regards the Chips Joint Undertaking

(Text with EEA relevance)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 187 and Article 188, first paragraph thereof,

Having regard to the proposal from the European Commission,

Having regard to the opinion of the European Parliament (1),

Having regard to the opinion of the European Economic and Social Committee (2),

Whereas:

(-1)	Reinforcing Europe’s semiconductor ecosystem is one of the key components to achieving economic resilience and security, strategic autonomy, enhanced digital sovereignty and reduced dependencies; and will play an important role in the green and digital transitions.

(1)	Council Regulation (EU) 2021/2085 (3) establishes the Joint Undertakings under Horizon Europe, including the Key Digital Technologies Joint Undertaking (the ‘Chips Joint Undertaking’) .

(2)	The Chips Joint Undertaking addresses clearly defined topics that enable European industries at large to research, design , innovate , manufacture and use the most innovative technologies in electronic components and systems.

(3)

Regulation (EU) […] (4) establishes a framework for increasing the Union’s resilience , adaptability, efficiency, security and stability of supply in the field of semiconductor technologies . It aims to stimulate public and private investment and economic prosperity; strengthening the capabilities of the European semiconductor supply chain, and increasing cooperation among the Member States, the Commission and industry stakeholders . To create the conditions necessary to strengthen the Union’s industrial, research, development and innovation (‘R&D&I’) capacity, the Chips for Europe Initiative (the ‘Initiative’) is established. In order to ensure a consistent implementation of the Initiative, the European Semiconductor Board should provide advice to the Public Authorities Board.

(3a)

The Chips Joint Undertaking should seek to ensure clear and identifiable benefits across the semiconductor ecosystem. It should seek to contribute to and reflect the Union’s core values, including privacy by design, trust, security, safety, sustainability, and growing skills and quality employment at all levels of the value chain. [Regulation establishing a framework of measures for strengthening Europe’s semiconductor ecosystem (Chips Act)] and the Chips Joint Undertaking should aim to develop close synergies with Union programmes and funding instruments, in particular those supporting the deployment of innovative solutions for the Union’s challenges. The Chips Joint Undertaking should integrate all relevant stakeholders, SMEs and the social partners.

(3b)

The activities of the Chips Joint Undertaking should work effectively alongside the broader objectives of the Chips Fund, in order to support the development of a dynamic and resilient semiconductor ecosystem. The Chips Joint Undertaking should provide opportunities for the increased availability of funds to support the growth of start-ups and SMEs as well as investment across the entire value chain and Union, contributing to achieving the twin digital and green transitions. Support and guidance should be provided, in particular to start-ups and SMEs on how to access public and private investment, including venture capital, with the aim of speeding up not only access, but also the application and approval process.

(3c)

The activities of the Chips Fund should support the development of a dynamic and resilient semiconductor ecosystem. The Chips Fund should provide opportunities for increased availability of funds to support the growth of start-ups and SMEs and investment across the entire value chain. The Union should seek to improve the leveraging effect of the Union’s spending and achieve a higher multiplier effect in terms of attracting private-sector financing. In that regard, clear guidance and access points should be provided in order to assist start-ups and SMEs in accessing public and private funds. Moreover, a strategy for dealing with exceptional funding crises, such as significant increases in inflation, should be envisaged.

(3d)

Given the importance of collaboration with third parties in the area of R&D&I, the European Semiconductor Board and the Commission should establish clear and readily available guidelines on access modes, software and hardware for their participation in projects that fall within the scope of this Regulation. Within the structures of the European Semiconductor Board, international fora, and other Union agreements and strategies with third countries, guidance should be provided to overcome existing obstacles to international cooperation in the field of R&D&I.

(3e)	The Commission should provide clear and readily available guidelines on the terms and conditions for the development of and third-party access to pilot lines, as well as on the compatibility and accessibility of the Union’s virtual design platforms, design libraries, and competence centres.

(3f)

The success of the Initiative is to be built on a collective effort by Member States, together with the Union, to support both the significant capital costs and the wide availability of virtual design, testing and piloting resources and diffusion of knowledge, skills and competences. The new concepts and ambitions of the … [Regulation establishing a framework of measures for strengthening Europe’s semiconductor ecosystem (Chips Act)] and the Initiative should be supported with significant new financial provisions for R&D&I and for the design, experimentation, and testing of advanced and evolving existing technologies and products within the Union’s semiconductor ecosystem.

(3g)

The Initiative is a new strategic initiative of the Union, and requires fresh budgetary resources. Its funding shall be considered during the mid-term review of the Multiannual Financial Framework, with a view to ensuring the stability, coherence, ambition and long-term financing of the Initiative. The continuation of activities already envisaged under Horizon Europe must be ensured. The total financial resources allocated to Horizon Europe should not be reduced or re-purposed to fund activities outside R&D&I. Any reduction of the financial resources of the programme, aiming to reinforce the financial envelope of the Digital Europe programme to contribute to the Initiative should be compensated for by additional funding sources.

(3h)

The impact of public spending on the Initiative and the Union’s R&D&I sector should be assessed and reviewed before the next MFF. Public institutions have a responsibility to use public funds efficiently and effectively in all areas and to ensure sound financial management, value for money, return on public investment, and the avoidance of waste and error. The Chips Joint Undertaking should ensure that public investment has a positive impact on the Union’s semiconductor ecosystem and its citizens. In that regard, the establishment of the work programmes and their implementation for the Chips Joint Undertaking should respect the principle of ‘as open as possible, as closed as necessary’.

(3i)

Financial support deriving from the Initiative should be used to address market failures, suboptimal investment situations as a consequence of the high capital intensity, high-risk, and complex landscape of the semiconductor ecosystem in a proportionate manner. Actions taken by the Chips Joint Undertaking should not duplicate or crowd out private financing or distort competition in the internal market, and should have a clear added-value for the Union.

(4)

The activities supported under the Initiative should be funded from Regulation (EU) 2021/695 of the European Parliament and of the Council (5) establishing the Horizon Europe Programme and from Regulation (EU) 2021/694 of the European Parliament and of the Council (6) establishing the Digital Europe Programme. The increase of the Union’s financial contribution to the Chips Joint Undertaking should not give rise to cuts to Union programmes or existing projects and should be drawn up in accordance with the … [Regulation establishing a framework of measures for strengthening Europe’s semiconductor ecosystem (Chips Act)], predominantly from the unallocated margins under the MFF ceilings or mobilised through the non-thematic MFF special instruments.

(5)

The Initiative aims to reinforce the competitiveness and resilience of the semiconductor technological and industrial base, whilst strengthening and diversifying the R&D&I capacity of its semiconductor ecosystem, reducing dependence on a limited number of third country companies and geographies, and strengthening its capacity to design and produce advanced , sustainable, and innovative components. These aims should be supported by bridging the gap between the Union’s advanced R&D&I capabilities and their industrial exploitation , and by investing in those efforts . It should promote capacity building to enable R&D&I, design, manufacturing, production , packaging and systems integration in next-generation semiconductor technologies such as photonics and quantum technologies , as well as the development of existing semiconductor technologies. It should enhance collaboration among key players across the Union, strengthening Europe’s semiconductor supply and value chains, serving key industrial sectors, and creating new markets.

(5a)

In order to achieve the greatest possible positive impact of Union funding and the most effective contribution to the Union’s policy objectives, the Chips Joint Undertaking and the Chips Fund should seek to maximise the potential of private and/or public sector partners. Such partners should include industry, R&D&I and technology organisations, bodies with a public service mission at local, regional, national or international level, and civil society organisations, such as foundations that support and/or carry out R&D&I, provided that desired impacts can be achieved more effectively in partnership than by the Union alone.

(5b)

The Chips Joint Undertaking and the Chips Fund should together set up private and/or public sector partners, for example through memoranda of understanding, with a view to achieving specific impacts more effectively. Such partnerships could include industry, R&D&I and technology organisations, bodies with a public service mission at local, regional, national or international level, and civil society organisations, such as foundations that support or carry out R&D&I.

(5c)

In order to achieve effective open strategic autonomy, beneficiaries of financial support deriving from the initiative should take measures to prevent unwanted technology and knowledge transfers developed within the framework of the Initiative, making use of the range of instruments available at the Union and national level. Member States and the Commission should be notified and able to act when the risk of transfers from Union entities to outside the Union arises as a result of foreign take-overs or other measures taken by entities outside the Union to force technology or knowledge transfers.

(5d)

Investing in talent and skills should be considered a key priority of the Initiative. The availability of talent is critical to attracting semiconductor investment. The Union should promote human potential and skills through STEM education, with a specific focus on women, who are under-represented in those sectors. To maximise the effect of the Chips Joint Undertaking, it should seek to find synergies with other programmes and funding opportunities in the area of skills and education. The Chips Joint Undertaking should, where relevant and appropriate and under the existing Horizon Europe rules, seek to strengthen its international cooperation, which is crucial to ensuring access to knowledge, expertise, and markets worldwide.

(6)

The Initiative should be provided with the adequate and necessary funding to be able to achieve its ambitious objectives. The Initiative should be implemented through actions that should build upon the strong knowledge base acquired by the Key Digital Technologies Joint Undertaking. The Key Digital Technologies Joint Undertaking should be tasked with providing financial support, through any instrument or procedure provided for in Horizon Europe or the Digital Europe Programme, to actions funded under the Initiative. Furthermore, the Key Digital Technologies Joint Undertaking should be renamed to Chips Joint Undertaking. Throughout the lifetime of the Chips Joint Undertaking, at least EUR 2,5 billion should be dedicated to pilot lines, design infrastructures, competence centres, and other capacity building activities.

(7)

The activities funded by the Chips Joint Undertaking should be covered in one single work programme, which should be adopted by the Governing Board. Before each work programme is prepared, the Public Authorities Board, taking into account the advice of the European Semiconductor Board and input from other relevant industry stakeholders, experts, the social partners, the Private Members Board, and including as appropriate, roadmaps produced by the Alliance on Processors and Semiconductor Technologies (7), should define the part of the work programme related to capacity building activities and R&D&I activities, including their corresponding expenditure estimates. For this purpose, the Public Authorities Board should include only the Commission and public authorities from Member States. Subsequently, on the basis of this definition, the Executive Director should prepare the work programme including capacity building and R&D&I activities and their corresponding expenditure estimates.

(8)

All members of the Governing Board should be involved in the preparation of the work programme, and should participate in the relevant discussions and receive the necessary information. When the Governing Board adopts the work programme, the voting rights for the part of the work programme related to capacity building should be limited to the Commission and Member States only. The voting rights for the part of the work programme related to R&I activities should be equally shared between the Commission, the Participating States, and the private members. In the event that a decision on one of the two parts of the work programme cannot be reached, the work programme should be adopted including only the part on which a positive decision has been reached.

(9)

The Public Authorities Board should be responsible for the selection of the projects related to capacity building activities. For this purpose, the Public Authorities Board should include only the Commission and public authorities from Member States. The members of the Public Authorities Board should have the necessary competence and expertise in order to make recommendations that take into account the objectives of the Chips Joint Undertaking. The Public Authorities Board should aim to increase gender balance within its structures and its projects and should seek to ensure geographical balance of the projects selected.

(10)	The Public Authorities Board should be responsible for the selection of the projects related to R&I activities.

(11)

With a view to accelerating implementation of the actions of the Initiative and enhance cooperation between legal entities, particularly Research and Technology Organisations, certain proposals for actions should be eligible for funding only if the action is carried out by legal entities cooperating within a consortium of at least three legal entities from three different Members States , which represent geographical balance across the Union . That consortium could be structured either as the European Chips Infrastructure Consortium as proposed in the ‘Chips Act’, or based on other available legal tools under Union law. Given that the activities supported under the Initiative and implemented by the Chips Joint Undertaking are financed from Horizon Europe programme and the Digital Europe programme, the Union financial contribution to the Chips Joint Undertaking indicated in Article 128 of Council Regulation (EU) 2021/2085 should be increased accordingly. The administrative costs of the Chips Joint Undertaking should also be increased in accordance with the increase of operational tasks. The private members should not contribute to the additional administrative costs.

(12)	Provision of financial support to activities from the Digital Europe Programme should comply with Regulation (EU) 2021/694.

(13)

The Chips Joint Undertaking should facilitate cooperation between the Union and relevant international like-minded actors in order to strengthen the Union’s open strategic autonomy and to protect intellectual property rights. It should define a cooperation strategy that builds on complementarities and interdependencies along the semiconductor supply chain , including identifying and promoting areas for cooperation in R&D&I, skills development, and implementing actions where there is a mutual benefit, mainly based on reciprocity , in accordance with Horizon Europe and international obligations .

(14)	Council Regulation (EU) 2021/2085 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EU) 2021/2085 is amended as follows:

(1)

Article 2 is amended as follows:

(a)

Points 2, 3 and 4 are replaced by the following:

‘2.	“founding member” means any legal entity established in a Member State, a country associated to Horizon Europe or, where applicable, to the Digital Europe Programme, or an international organisation that is identified as a member of a joint undertaking in this Regulation or in one of its Annexes;

“associated member” means any legal entity established in a Member State, a country associated to Horizon Europe or, where applicable, to the Digital Europe Programme, or an international organisation that accedes to a joint undertaking by signing a letter of commitment in accordance with Article 6(3) and subject to an approval in accordance with Article 7;

4.	“participating state” means any Member State or country associated to Horizon Europe or, where applicable, to the Digital Europe Programme upon notification of its participation in the activities of the relevant joint undertaking by means of a letter of commitment;’;

(2)

Article 3 is amended as follows:

(a)

In paragraph 1, point (g) is replaced by the following:

‘(g)	the Chips Joint Undertaking;’;

(b)

paragraph 3 is replaced by the following:

‘3. In order to take into account the duration of Horizon Europe and, where applicable, the Digital Europe Programme, calls for proposals under the joint undertakings shall be launched at the latest by 31 December 2027. In duly justified cases, calls for proposals may be launched by 31 December 2028, at the latest.’;

(3)	In Article 4 (1), the following subparagraph is added: ‘The Chips Joint Undertaking shall also contribute to the implementation of the objectives of the Chips for Europe Initiative and the Digital Europe Programme.’;

(4)

In Article 10, paragraphs 2 and 3 are replaced by the following:

‘2. The amount of the Union contribution specified in Part Two may be increased with contributions from third countries associated to Horizon Europe in line with Article 16(5) of Regulation (EU) 2021/695 and, where applicable, to the Digital Europe Programme in accordance with point (d) of Article 10(1) of Regulation (EU) 2021/694, provided that the total amount by which the Union contribution is increased is at least matched by the contribution of members other than the Union, or their constituent or affiliated entities.

3. The Union contribution shall be paid from the appropriations in the general budget of the Union allocated to the Specific Programme implementing Horizon Europe and, where applicable, to the Digital Europe Programme, in accordance with Article 62(1), point (c)(iv), and Article 154 of Regulation (EU, Euratom) 2018/1046 in the case of bodies referred to in Article 71 of that Regulation.’;

(5)

Article 12(1) is amended as follows:

(a)

The second subparagraph of paragraph 1 is replaced by the following:

‘1. In addition to criteria set out in Article 22 of the Horizon Europe Regulation or, in the case of the Chips Joint Undertaking, in Article 18 of the Digital Europe Programme, the work programme shall include, as an annex, eligibility criteria regarding national legal entities including a contribution to achieving the twin digital and green transitions .’;

(b)	The third subparagraph of paragraph 1 is replaced by the following: ‘Each participating state shall entrust the Chips Joint Undertaking with the evaluation of the proposals according to the contributing Union programme.’;

(6)

In Article 29, paragraph 2 is replaced by the following:

(a)

Paragraph 2 is replaced by the following:

‘2. Budgetary commitments of the joint undertakings referred to in Article 3(1), points (b), (d), (g) and (h), may be divided into annual instalments. Until 31 December 2024, the cumulative amount of those budgetary commitments in instalments shall not exceed 50 % of the maximum Union contribution set out in Article 10. From January 2025, at least 20 % of the cumulative budget of the residual years shall not be covered by annual instalments.’;

(7)

Article 126 is amended as follows:

(a)

In paragraph 1 point (b) is replaced by the following:

‘(b)

Establish Union scientific excellence and innovation leadership in emerging components and systems technologies, including in activities related to lower TRLs; and promote the active involvement of SMEs, which shall represent at least one third of the total number of participants in indirect actions and at least 20 % of public funding dedicated to research , development and innovation (“R&D&I”) actions should go to them.’;

(b)

In paragraph 1 the following point (d) is added:

‘(d)

increase ▌ capacity throughout the Union in cutting-edge and next-generation semiconductor technologies to reinforce the Union’s advanced design, manufacturing, equipment, materials development, systems integration and semiconductor production and packaging capabilities . It shall seek to prevent and limit where possible any negative environmental impact and apply the principles of reduce, reuse, and recycle.’;

(c)

In paragraph 2 point (f) is replaced by the following:

‘(f)

establish coherence between the Strategic Research and Innovation Agenda of the Chips Joint Undertaking inputs from other relevant stakeholders, including as appropriate, roadmaps produced by the Alliance on Processors and Semiconductor technologies and Union policies so that the objectives of the Initiative in particular are implemented and achieved .’

(d)

In paragraph 2 the following points ▌are added:

‘(g)	build up ▌ design capacities for integrated semiconductor , quantum technologies and other cutting-edge technologies such as photonics;

(h)	enhance existing and develop new pilot lines;

(i)	build advanced technology and engineering capacities for accelerating the development of quantum chips;

(j)	establish a network of competence centres across Europe;

(ja)	support the green transition by ensuring that environmental considerations are taken into account in the development and implementation of R&D&I, such as increased energy and water efficiency;

(jb)	promote STEM education, in particular women’s participation in R&D&I;

(jc)	foster open science and public visibility, and ensure that the R&D&I activities are aimed at providing a positive impact upon society.’;

(8)

Article 128 is replaced by the following:

‘Article 128

1. The Union financial contribution to the Chips Joint Undertaking including EEA appropriations shall be at least EUR 4 175 000 000, including up to EUR 50 174 000 for administrative costs distributed as follows:

(a)	up to EUR 2 650 000 000 from Horizon Europe;

(b)	up to EUR 1 525 000 000 from the Digital Europe Programme;

2. The Union financial contribution referred to in paragraph 1 shall be paid from the appropriations in the general budget of the Union allocated to each relevant programme.

3. Additional Union funds complementing the contribution referred to in paragraph 1 of this Article may be allocated to the Chips Joint Undertaking from third countries associated to Horizon Europe or the Digital Europe Programme in accordance with their respective association agreements. Those additional Union funds shall not affect the Participating States’ contribution referred to in Article 129(1).

4. The Union financial contribution referred to in paragraph 1 point (a) of this Article shall be used for the Chips Joint Undertaking to provide financial support to indirect actions as defined in Article 2, point (43), of Regulation (EU) 2021/695, corresponding to the R&D&I activities of the Chips Joint Undertaking.

5. The Union financial contribution referred to in paragraph 1 point (b) shall be used for capability building for pilot lines and design infrastructures across the whole Union.’;

(9)

In Article 129 paragraph 3 is replaced by the following:

‘3. By way of derogation from Article 28(4), the private members shall make or arrange for their constituent and affiliated entities to make a financial contribution of up to EUR 26 331 000 for administrative costs of the Chips Joint Undertaking. The share of the total contribution on an annual basis for administrative costs of the Chips Joint Undertaking by the private members shall be 35 %. If the scope or membership of the Chips Joint Undertaking significantly changes, the private members shall be consulted in regard to any changes in the financial contribution . ’;

(10)

In Article 133, the following paragraph 3a is added:

‘3a. The Governing Board shall solely include the Commission and public authorities from Member States when voting ▌ . The Commission shall hold 50 % of the voting rights. Paragraphs 2 and 3 shall apply mutatis mutandis to the voting rights of the Member States.’;

(11)

The following Article 133a is inserted

‘Article 133a

Rules applicable to the activities funded under the Digital Europe Programme

1. Regulation (EU) 2021/694 shall apply to the activities funded by the Chips Joint Undertaking under the Digital Europe Programme.

2. The work programme and the calls for proposals of the Chips Joint Undertaking shall be published on the website of the Digital Europe Programme.

3. In the case of the Chips Joint Undertaking, ex post audits of expenditure on activities funded by the Digital Europe Programme budget shall be carried out by the Chips Joint Undertaking in accordance with Article 27 of Regulation (EU) 2021/694.’;

(12)

Article 134 is replaced by the following:

‘Article 134

Limitations and conditions to participation in specific actions

1. For actions funded under the Horizon Europe, by way of derogation from Article 17(2), point (l), where the Commission so requests, following approval of the Public Authorities Board, participation in specific actions shall be limited in accordance with Article 22(5) of Regulation (EU) 2021/695.

2. For actions funded under the Digital Europe Programme, where the Commission so requests, following approval of the Public Authorities Board, participation in specific actions shall be limited in accordance with Articles 12(6) and 18 of the Regulation (EU) 2021/694.

3. For actions funded under more than one contributing Union programme, the work programme shall set joint conditions, including for the limitation of participation under paragraphs 1-2 of this Article, in accordance with the rules of the contributing Union programmes.

4. Certain actions may be carried out by legal entities cooperating within a consortium structured in a form of European Chips Infrastructure Consortium. The actions for which such consortium may be necessary, as well as specific eligibility requirements for implementing specific actions and tasks, and, where appropriate, operational requirements for setting up, operating, and winding up shall be defined in the work programme.

4a. In order to maximise the positive impact of Union funding and projects, and to protect against unwanted technology and knowledge transfers, Article 27a(2a) of … [Regulation establishing a framework of measures for strengthening Europe’s semiconductor ecosystem (Chips Act)] shall apply. ’;

(13)

The following Article 134a is inserted

‘Article 134a

Additional tasks of the Executive Director

In addition to the tasks listed in Article 19, the Executive Director of the Chips Joint Undertaking shall prepare and, after having taken into account the definition of the Public Authorities Board referred to in Article 137(f), as well as the relevant input from stakeholders and experts including as appropriate, roadmaps produced by the Alliance on Processors and Semiconductor technologies, submit for adoption to the Governing Board the work programme for the Chips Joint Undertaking , to implement the Strategic Research and Innovation Agenda.’;

(14)

Article 136 is amended as follows:

(a)	Paragraph 2 is replaced by the following: ‘2. For the purpose of paragraphs (1) and (2) Article 134 and points (f) and (g) of Article 137, the Public Authorities Board shall include only the Commission and public authorities from Member States. Paragraph 1 shall apply mutatis mutandis.’;

(15)

Article 137 is amended as follows:

(a)

The following points (f) and (g) are added:

‘(f)

before each work programme is prepared, define the part of the work programme related to capacity building activities and R&D&I activities, including the corresponding expenditure estimates, taking into account the advice of the Private Members Board and the European Semiconductor Board and relevant input from other industry stakeholders , experts and the social partners , including as appropriate, roadmaps produced by the Alliance on Processors and Semiconductor Technologies;

(g)	select proposals corresponding to capacity building activities in accordance with Articles 12(1) and 17(2), point (u);’

(b)

Point (d) is replaced by the following:

‘(d)	select proposals corresponding to R&D&I activities in accordance with Articles 12(1) and 17(2), point (u);’

(16)

Article 141 is replaced by the following:

‘Article 141

Funding rates and rules for participation

1. For indirect actions funded under Horizon Europe, in accordance with Article 17(2) of Regulation (EU) 2021/695 and by way of derogation from Article 34 of that Regulation and for activities funded under the Digital Europe Programme, the Chips Joint Undertaking may apply different funding rates for the Union funding within an action depending on the type of participant, in particular SMEs and non-profit legal entities, and the type of action. The funding rates shall be indicated in the work programme.

2. Where it is duly justified in the description of relevant topics in the work programme, a single legal entity established in a Member State or associated country or consortia not meeting the condition laid down in Article 22(2) of Regulation (EU) 2021/695 or in Article 18 of Regulation (EU) 2021/694 shall be eligible to participate in actions funded by the Chips Joint Undertaking.’

(17)	The references to ‘Key Digital Technologies Joint Undertaking’ shall be understood as referring to ‘Chips Joint Undertaking’.

Article 2

This Regulation shall enter into force on the date of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

For the Council

The President

(1) OJ C , , p. .

(2) OJ C , , p. .

(3) Council Regulation (EU) 2021/2085 of 19 November 2021 establishing the Joint Undertakings under Horizon Europe and repealing Regulations (EC) No 219/2007, (EU) No 557/2014, (EU) No 558/2014, (EU) No 559/2014, (EU) No 560/2014, (EU) No 561/2014 and (EU) No 642/2014 (OJ L 427, 30.11.2021, p. 17).

(4) OJ L …, p…

(5) Regulation (EU) 2021/695 of the European Parliament and of the Council of 28 April 2021 establishing Horizon Europe — the Framework Programme for Research and Innovation, laying down its rules for participation and dissemination, and repealing Regulations (EU) No 1290/2013 and (EU) No 1291/2013 (OJ L 170, 12.5.2021, p. 1).

(6) Regulation (EU) 2021/694 of the European Parliament and of the Council of 29 April 2021 establishing the Digital Europe Programme and repealing Decision (EU) 2015/2240 (OJ L 166, 11.5.2021, p. 1).

(7) The Alliance is referred to in the Communication from the Commission of 5 May 2021 on ‘Updating the 2020 New Industrial Strategy: Building a stronger Single Market for Europe’s recovery’.

11.8.2023

Official Journal of the European Union

C 283/142

P9_TA(2023)0045

Consultation on European Ombudsman Implementing Provisions

European Parliament legislative resolution of 15 February 2023 on the draft implementing provisions for the Statute of the European Ombudsman (N9-0065/2022 — C9-0338/2022 — 2022/0903(NLE))

(Consultation)

(2023/C 283/28)

The European Parliament,

—	having regard to the draft implementing provisions for the Statute of the European Ombudsman (N9-0065/2022),

—

having regard to Article 18 of Regulation (EU, Euratom) 2021/1163 of the European Parliament of 24 June 2021 laying down the regulations and general conditions governing the performance of the Ombudsman’s duties (Statute of the European Ombudsman) and repealing Decision 94/262/ECSC, EC, Euratom (1), pursuant to which the European Ombudsman consulted Parliament (C9-0338/2022),

—	having regard to Rule 82 of its Rules of Procedure,

—	having regard to the report of the Committee on Constitutional Affairs (A9-0010/2023),

Approves the draft implementing provisions as amended;

Calls on the Ombudsman to notify Parliament if she intends to depart from the text approved by Parliament;

Asks the Ombudsman to consult Parliament again if she intends to substantially amend her draft;

Instructs its President to forward its position to the European Ombudsman, the Council and the Commission.

Amendment 1

Draft implementing provisions

Article 2 — paragraph 3

Text proposed by the European Ombudsman	Amendment
2.3. The Ombudsman shall treat a petition falling within the Ombudsman's duties as defined in Article 1(3) of the Statute, which is transferred by the European Parliament with the consent of the petitioner, as a complaint.	deleted

Amendment 2

Draft implementing provisions

Article 3 — paragraph 1

Text proposed by the European Ombudsman	Amendment
3.1. The Ombudsman shall handle complaints in any official and working language of the institutions of the Union. The Ombudsman shall communicate with the complainant in that language, unless the complainant accepts to receive communications in another official and working language of the Union.	3.1. The Ombudsman shall handle complaints in any official and working language of the institutions of the Union. The Ombudsman shall communicate with the complainant in the language of the complaint , unless the complainant accepts to receive communications in another official and working language of the Union.

Amendment 3

Draft implementing provisions

Article 3 — paragraph 6

Text proposed by the European Ombudsman	Amendment
3.6. If the Ombudsman considers it appropriate to do so, the Ombudsman may take steps to ensure that a complaint is dealt with as a matter of priority, taking into account strategic objectives or the particular nature of a complaint, including in areas such as whistleblowing and harassment.	3.6. In accordance with Article 2 of the Statute, if the Ombudsman considers it appropriate to do so, the Ombudsman may take steps to ensure that a complaint is dealt with as a matter of priority, taking into account the strategic work topics defined by the Ombudsman in the annual report or the particular nature of a complaint, including in areas such as whistleblowing and harassment..

Amendment 4

Draft implementing provisions

Article 3 — paragraph 7

Text proposed by the European Ombudsman	Amendment
3.7. The Ombudsman shall deal with abusive communications and with complaints that amount to an abuse of process in accordance with guidelines adopted for this purpose.	3.7. The Ombudsman shall deal with abusive communications and with complaints that amount to an abuse of process in accordance with guidelines adopted for that purpose. Those guidelines shall be published on the website of the Ombudsman.

Amendment 5

Draft implementing provisions

Article 4 — paragraph 3

Text proposed by the European Ombudsman

Amendment

4.3. At the Ombudsman request, institutions shall provide the Ombudsman with information or documents for the purposes of an inquiry. The Ombudsman inquiry team may inspect documents , either at the premises of the institution concerned or by electronic means. EU classified documents shall be provided at the premises of the institution concerned, unless otherwise agreed with the Ombudsman.

4.3. At the Ombudsman request and subject to the conditions laid down in Article 5 of the Statute , institutions shall provide the Ombudsman with information , including in the form of documents, for the purposes of an inquiry. The Ombudsman inquiry team may examine the information , either at the premises of the institution concerned or by electronic means. EU classified information shall be provided at the premises of the institution concerned, unless otherwise agreed with the Ombudsman.

Amendment 6

Draft implementing provisions

Article 4 — paragraph 4

Text proposed by the European Ombudsman

Amendment

4.4. The institution's replies on the matters referred to in paragraphs 4.2 and 4.3 shall be made within the timeframe specified by the Ombudsman, which shall normally not exceed three months. The precise timeframe for providing a reply shall be reasonable, taking into account the complexity and urgency of the inquiry. If the Ombudsman considers that the inquiry is of public importance , the timeframe for responding shall be as short as is reasonably possible. If the institution concerned is not in a position to provide a reply within the set timeframe, it shall make a reasoned request for an extension.

4.4. The institution's replies on the matters referred to in paragraphs 4.2 and 4.3 shall be made within the timeframe specified by the Ombudsman, which shall normally not exceed three months. The precise timeframe for providing a reply shall be reasonable, taking into account the complexity and urgency of the inquiry. If the Ombudsman considers that the inquiry is of public interest , the timeframe for responding shall be as short as is reasonably possible. If the institution concerned is not in a position to provide a reply within the set timeframe, it shall make a reasoned request for an extension.

Amendment 7

Draft implementing provisions

Article 4 — paragraph 10

Text proposed by the European Ombudsman

Amendment

4.10. The Ombudsman shall retain possession of documents or information obtained from an institution or a Member State during an inquiry, and identified by that institution or Member State as confidential, only for so long as the inquiry is ongoing and the period of time for dealing with any request for review has not expired. Such documents or information will be destroyed after the inquiry is closed and the period of time for dealing with any request for review has expired. The Ombudsman may request an institution or Member State to retain such documents or information for a period of at least five years following a notification to them that the Ombudsman no longer retains the documents or information.

4.10. The Ombudsman shall retain possession of documents or information referred to in Article 5(8) of the Statute only for so long as the inquiry is ongoing and the period of time for dealing with any request for review made pursuant to Article 9.3 of this Decision has not expired. Such documents or information shall be destroyed after the inquiry is closed and the period of time for dealing with any request for review has expired. The Ombudsman may request an institution or Member State to retain such documents or information for a period of at least five years following a notification to them that the Ombudsman no longer retains the documents or information.

Amendment 8

Draft implementing provisions

Article 5 — paragraph 1

Text proposed by the European Ombudsman	Amendment
5.1. If the Ombudsman considers that a complaint can be resolved, the Ombudsman shall seek a solution with the institution concerned and the complainant.	5.1. If the Ombudsman considers that a complaint can be resolved, the Ombudsman shall seek a solution with the institution concerned to eliminate the instance of maladministration and thereby resolve the complaint.

Amendment 9

Draft implementing provisions

Article 6 — paragraph 2

Text proposed by the European Ombudsman

Amendment

6.2. Where the Ombudsman finds no maladministration, a solution has been found or no further inquiries are justified, the inquiry shall be closed with a decision setting out findings. In the decision closing the inquiry, the Ombudsman may make suggestions for improvement regarding issues identified in the course of the inquiry. The Ombudsman shall send the decision to the complainant and to the institution concerned.

6.2. Where the Ombudsman finds no maladministration, a solution has been found or no further inquiries are justified, the inquiry shall be closed with a decision setting out findings. In the decision closing the inquiry, the Ombudsman may suggest improvements regarding issues identified in the course of the inquiry. The Ombudsman shall send the decision to the complainant and to the institution concerned.

Amendment 10

Draft implementing provisions

Article 7 — paragraph 2

Text proposed by the European Ombudsman	Amendment
7.2. The Ombudsman may submit a Special Report to the European Parliament on any inquiry in which the Ombudsman finds maladministration and which the Ombudsman considers to be of public importance .	7.2. The Ombudsman may submit a Special Report to the European Parliament on any inquiry in which the Ombudsman finds maladministration and which the Ombudsman considers to be of particular public interest .

Amendment 11

Draft implementing provisions

Article 8 — title

Text proposed by the European Ombudsman	Amendment
Own-initiative inquiries	Own-initiative inquiries and follow-up inquiries

Amendment 12

Draft implementing provisions

Article 8 — paragraph 1

Text proposed by the European Ombudsman	Amendment
8.1. In accordance with the Ombudsman's duties as defined in Article 1(3) of the Statute, the Ombudsman shall conduct own-initiative inquiries for which the Ombudsman finds grounds.	8.1. In accordance with the Ombudsman's duties as defined in Article 1(3) and in Article 3(3) of the Statute, the Ombudsman shall conduct own-initiative inquiries for which the Ombudsman finds grounds.

Amendment 13

Draft implementing provisions

Article 8 — paragraph 2

Text proposed by the European Ombudsman

Amendment

8.2. The procedures applicable to inquiries opened following a complaint shall apply, to the extent that they are relevant, to own initiative inquiries.

8.2. The Ombudsman may also contact the institutions in writing, in order to raise awareness, share observations or gather information on administrative practices. Within the limits of the Ombudsman’s duties as defined in Article 1(3) of the Statute and in accordance with Article 3(3) thereof, the Ombudsman may decide to conduct own-initiative inquiries also following such contacts with the institutions.

Amendment 14

Draft implementing provisions

Article 8 — paragraph 3

Text proposed by the European Ombudsman

Amendment

8.3. The Ombudsman may, outside the scope of inquiries, contact the institutions in writing, in order to raise awareness, share observations or gather information on administrative practices. Within the limits of the duties defined in Article 1(3) of the Statute, the Ombudsman may decide to conduct own-initiative inquiries also following such contacts with the institutions, in accordance with paragraphs 8.1 and 8.2.

8.3. The procedures applicable to inquiries opened following a complaint shall apply to own-initiative inquiries under paragraph 8.1 and 8.2 to the extent that they are relevant to those inquiries.

Amendment 15

Draft implementing provisions

Article 9 — paragraph 3

Text proposed by the European Ombudsman

Amendment

9.3. The complainant shall be entitled to request a review of a decision taken pursuant to Articles 3.3 and 3.4 of this Decision, and of any finding in a decision closing an inquiry with the exception of a finding of maladministration. The detailed rules on how the Ombudsman deals with requests for review shall be set out in a decision of the Ombudsman.

Amendment 16

Draft implementing provisions

Article 9 — paragraph 4

Text proposed by the European Ombudsman

Amendment

9.4. When making a request for review pursuant to Article 9.3 of this Decision, the complainant shall be entitled to request access to the Ombudsman’s file on the complaint, in accordance with the rules set out in the Statute, with the exception of documents declared confidential by an institution, a Member State or the Ombudsman, or any other confidential information in the file. Disclosure of information in the file to the complainant shall be subject to the conditions laid down in Article 5(8) of the Statute.

9.4. When making a request for review pursuant to paragraph 9.3 of this Decision, the complainant shall be entitled to request access to the Ombudsman’s file on the complaint. Disclosure of information in the file to the complainant shall comply with the rules laid down in the Statute and in particular, the conditions laid down in Article 5(8) of the Statute.

Amendment 17

Draft implementing provisions

Article 9 — paragraph 5

Text proposed by the European Ombudsman

Amendment

9.5. To protect the legitimate interests of the complainant or of a third party, the Ombudsman may classify as confidential information in a complaint or in other documents, and inform the institution accordingly. In exceptional circumstances, such as in complaints that concern whistleblowing, the Ombudsman may decide not to communicate the identity of the complainant to the institution concerned.

Amendment 18

Draft implementing provisions

Article 9 — paragraph 7 (new)

Text proposed by the European Ombudsman

Amendment

9.7. In cases where the Ombudsman is asked to verify whether the measures adopted by the competent authority of the Union institution, body, office or agency concerned ensure the protection of alleged victims of harassment and restore a healthy and safe working environment, respecting the dignity of the persons concerned while an administrative inquiry is ongoing, the Ombudsman may consult external experts in the field for their assistance in the verification and for possible recommendations.

Amendment 19

Draft implementing provisions

Article 10

Text proposed by the European Ombudsman	Amendment
The Ombudsman shall ensure that institutions are kept informed of the Ombudsman’s inquiries and their outcomes and , where appropriate, are given the possibility to submit comments and evidence as provided for in this Decision and in the Statute.	The Ombudsman shall ensure that institutions are kept informed of the Ombudsman’s inquiries and their outcomes and are given the possibility to submit comments and evidence as provided for in this Decision and in the Statute.

Amendment 20

Draft implementing provisions

Article 13

Text proposed by the European Ombudsman	Amendment
The Ombudsman may make public non-confidential information about the progress of an inquiry. In particular, in inquiries of public importance , the Ombudsman may make public exchanges with the institutions or Member States, subject to the conditions laid down in Article 5(8) of the Statute.	Without prejudice to Article 6 and Article 9(1) of the Statute, the Ombudsman may make public non-confidential information about the progress of an inquiry. In particular, in inquiries of public interest , the Ombudsman may make public exchanges with the institutions or Member States, subject to the conditions laid down in Article 5(8) of the Statute.

(1) OJ L 253, 16.7.2021, p. 1.

11.8.2023

Official Journal of the European Union

C 283/149

P9_TA(2023)0047

Council of Europe Convention on preventing and combating violence against women and domestic violence: EU accession

European Parliament resolution of 15 February 2023 on the proposal for a Council decision on the conclusion, by the European Union, of the Council of Europe Convention on preventing and combating violence against women and domestic violence (COM(2016)0109 — 2016/0062R(NLE))

(2023/C 283/29)

The European Parliament,

—	having regard to the Commission proposal for a Council decision on the conclusion, by the European Union, of the Council of Europe Convention on preventing and combating violence against women and domestic violence (COM(2016)0109),

—

having regard to Council Decision (EU) 2017/865 of 11 May 2017 on the signing, on behalf of the European Union, of the Council of Europe Convention on preventing and combating violence against women and domestic violence with regard to matters related to judicial cooperation in criminal matters (1),

—	having regard to Council Decision (EU) 2017/866 of 11 May 2017 on the signing, on behalf of the European Union, of the Council of Europe Convention on preventing and combating violence against women and domestic violence with regard to asylum and non-refoulement (2),

—	having regard to the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention), which entered into force on 1 August 2014 (3) and was signed by the European Union on 12 June 2017,

—	having regard to the Treaty on European Union (TEU), in particular Articles 2 and 3 thereof, and to the Treaty on the Functioning of the European Union (TFEU), in particular, Articles 8, 10, 19, 83, 153 and 157 thereof,

—	having regard to the Charter of Fundamental Rights of the European Union (the ‘Charter’), which entered into force together with the Treaty of Lisbon in December 2009, and in particular to Articles 1, 2, 3, 4, 6, 21, 23 and 31 of the Charter,

—	having regard to Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal opportunities and equal treatment of men and women in the access to and supply of goods and services (4), which defines and condemns harassment and sexual harassment,

—

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 (5), which defines direct and indirect discrimination, harassment and sexual harassment,

—	having regard to Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA (6) (the Victims’ Rights Directive),

—	having regard to the 2014 report of the European Union Agency for Fundamental Rights (FRA) on violence against women (7),

—

having regard to the case-law of the European Court of Human Rights (ECtHR), and in particular, its judgments on domestic violence and violence against women, in particular Opuz v Turkey (8), Y and Others v Bulgaria (9), Landi v Italy (10), M.C. v Bulgaria (11), Yazgül Yılmaz v Turkey (12), V.C. v Slovakia (13), P. and S. v Poland (14) and J.L. v Italy (15),

—	having regard to the Council of Europe Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950, and in particular to Articles 2, 3, 8 and 14 of, and Protocol No 12 to, the Convention,

—

having regard to the Council of Europe Group of Experts on Action against Violence against Women and Domestic Violence (GREVIO) baseline evaluation reports and, in particular, the reports on Austria, Belgium, Denmark, Finland, France, Italy, Malta, Netherlands, Poland, Portugal, Romania, Slovenia, Spain and Sweden, including the lists of proposals and suggestions made by GREVIO and recommendations by the Committee of the Parties,

—	having regard to the GREVIO General Recommendation No 1 on the digital dimension of violence against women, adopted on 20 October 2021,

—	having regard to GREVIO’s Mid-term Horizontal Review of GREVIO baseline evaluation reports (16) of February 2022,

—	having regard to the Explanatory Report to the Council of Europe Convention on preventing and combating violence against women and domestic violence of 11 May 2011,

—	having regard to the Council of Europe report entitled ‘Overview of studies on the costs of violence against women and domestic violence’,

—	having regard to the issue paper of the Council of Europe’s Commissioner for Human Rights of 4 December 2017 entitled ‘Women’s sexual and reproductive health and rights in Europe’,

—	having regard to the Vienna Declaration and Programme of Action adopted by the 1993 World Conference on Human Rights,

—

having regard to the Beijing Declaration and Platform for Action adopted by the Fourth World Conference on Women on 15 September 1995, and to the subsequent outcome documents adopted at the United Nations Beijing + 5 (2000), Beijing + 10 (2005), Beijing + 15 (2010), Beijing + 20 (2015) special sessions and the political declaration on Beijing + 25 (2020) of the United Nations Commission on the Status of Women (CSW),

—

having regard to the provisions of the UN legal instruments in the sphere of human rights, in particular those concerning women’s rights, such as the UN Charter, the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and its Optional Protocol, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the 1951 Convention relating to the Status of Refugees and the principle of non-refoulement, and the UN Convention on the Rights of the Child,

—	having regard to the CEDAW Committee General Recommendations 12, 19, 33 and 35 on violence against women,

—	having regard to the 2018 Report of the UN Special Rapporteur on Violence Against Women, its causes and consequences on online violence against women and girls from a human perspective,

—	having regard to the International Labour Organization (ILO) Violence and Harassment Convention (No 190) of 2019, which entered into force on 25 June 2021, and to its Violence and Harassment Recommendation (No 206),

—

having regard to the UN Convention on the Rights of Persons with Disabilities, to which the EU is a State Party, including the 2015 Concluding Observations of the United Nations Committee on the Rights of Persons with Disabilities (UNCRPD) to the EU, which calls on the EU to accede to the Istanbul Convention as a way to protect women and girls with disabilities from violence,

—	having regard to Sustainable Development Goal 5 on achieving gender equality and empowering all women and girls,

—	having regard to the 1993 United Nations Declaration on the Elimination of Violence against Women,

—	having regard to the United Nations General Assembly 2020 Resolution entitled ‘Intensification of efforts to prevent and eliminate all forms of violence against women and girls’,

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

—	having regard to the Commission communication of 24 June 2020 entitled ‘EU Strategy on victims’ rights (2020-2025) (COM(2020)0258),

—	having regard to the Commission communication of 12 November 2020 entitled ‘Union of Equality: LGBTIQ Equality Strategy 2020-2025’ (COM(2020)0698),

—	having regard to the Commission’s proposal of 8 March 2022 for a directive of the European Parliament and the Council on combating violence against women and domestic violence (COM(2022)0105),

—	having regard to the 2021 report of the European Institute for Gender Equality (EIGE) entitled ‘The costs of gender-based violence in the European Union’, as well as to the EIGE Gender Equality Index Reports published since 2013,

—	having regard to the commitments made at the Generation Equality Forum of July 2021,

—	having regard to its resolution of 26 November 2009 on the elimination of violence against women (17),

—	having regard to its resolution of 5 April 2011 on priorities and outline of a new EU policy framework to fight violence against women (18),

—	having regard to its resolution of 25 February 2014 with recommendations to the Commission on combating violence against women (19),

—	having regard to its resolution of 26 October 2017 on combating sexual harassment and abuse in the EU (20),

—	having regard to its resolution of 12 September 2017 on the proposal for a Council decision on the conclusion, by the European Union, of the Council of Europe Convention on preventing and combating violence against women and domestic violence (21),

—	having regard to its resolution of 13 February 2019 on experiencing a backlash in women’s rights and gender equality in the EU (22),

—

having regard to its resolution of 4 April 2019 seeking an opinion from the Court of Justice on the compatibility with the Treaties of the proposals for the accession by the European Union to the Council of Europe Convention on preventing and combating violence against women and domestic violence and on the procedure for that accession (23),

—	having regard to its resolution of 28 November 2019 on the EU’s accession to the Istanbul Convention and other measures to combat gender-based violence (24),

—	having regard to its resolution of 21 January 2021 on the EU Strategy for Gender Equality (25),

—	having regard to its resolution of 11 February 2021 on challenges ahead for women’s rights in Europe: more than 25 years after the Beijing Declaration and Platform for Action (26),

—	having regard to its resolution of 16 September 2021 with recommendations to the Commission on identifying gender-based violence as a new area of crime listed in Article 83(1) TFEU (27),

—	having regard to its resolution of 6 October 2021 on the impact of intimate partner violence and custody rights on women and children (28),

—	having regard to its resolution of 14 December 2021 with recommendations to the Commission on combating gender-based violence: cyberviolence (29),

—	having regard to its resolution of 15 December 2021 on equality between women and men in the European Union in 2018-2020 (30),

—	having regard to its resolution of 24 November 2016 on the EU accession to the Istanbul Convention on preventing and combating violence against women (31),

—	having regard to Opinion 1/19 of the Court of Justice of the European Union (Grand Chamber) of 6 October 2021 on the Istanbul Convention (32),

—	having regard to Rule 105(5) of its Rules of Procedure,

—	having regard to the joint deliberations of the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Women’s Rights and Gender Equality under Rule 58 of its Rules of Procedure,

—	having regard to the interim report of the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Women’s Rights and Gender Equality (A9-0021/2023),

whereas gender equality is a core value of the EU, enshrined in Article 2 TEU and stressed in Article 23 of the Charter, and must be mainstreamed in all EU policies, activities, and programmes; whereas the European Institute for Gender Equality (EIGE) has noted that the European Union will take around 60 years to reach gender equality at the current pace; whereas the eradication of gender-based violence and especially violence against women and girls is a prerequisite to achieving real gender equality;

whereas gender-based violence is violence directed against a person because of that person’s gender or violence that affects persons of a particular gender disproportionally; whereas ‘violence against women’ is understood as a violation of human rights and a form of discrimination against women and means all acts of gender-based violence that result in, or are likely to result in physical, sexual, psychological, structural or economic harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life, as per the definition of the Istanbul Convention; whereas liberty and equality give women the means to fulfil their true potential;

whereas Article 3 of the Istanbul Convention defines ‘gender-based violence’ as ‘violence that is directed against a woman because she is a woman or that affects women disproportionately’, and ‘gender’ as ‘the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for women and men’;

whereas one in three women in the EU, totalling around 62 million women, have experienced physical and/or sexual violence and whereas more than half of women (55 %) in the EU have experienced sexual harassment at least once since the age of 15 (33); whereas a new survey by the European Union Agency for Fundamental Rights (FRA) is being conducted to update this data; whereas the latest estimated cost of gender-based violence and intimate partner violence in the European Union has increased by around one third, and the estimated cost of gender-based violence is EUR 366 billion per year (34); whereas there are still many types and aspects of gender-based violence where data remains insufficient; whereas in its 2022 Gender Equality Index (35) EIGE found that the data still falls short of reflecting the extent of gender-based violence in the EU;

whereas gender-based violence, particularly that committed against women and girls, is both a cause and a consequence of the structural inequalities which are rooted in gender stereotypes and power asymmetries including those in the private, social, public and economic sphere; whereas gender-based violence, both online and offline is the most severe manifestation of gender inequality and discrimination, and has a severe direct and indirect impact on victims and their children with possible long-term physical, sexual, emotional and psychological consequences, constituting as such a public health issue, as well as causing economic and financial harm; whereas gender-based violence is a violation of women’s human rights, and is a serious obstacle to the participation of women in social, public and political life and in the labour market and prevents women from fully enjoying their rights and fundamental freedoms;

whereas gender-based violence can affect many fundamental rights enshrined in international and European human rights instruments, including the Charter, such as the right to human dignity (Article 1), the right to life (Article 2), the right to the integrity of the person (Article 3), the prohibition of torture and inhuman or degrading treatment (Article 4), the right to liberty and security (Article 6), the right to freedom from discrimination, including on the grounds of sex (Article 21), and the right to an effective remedy and to a fair trial;

whereas gender-based violence, particularly that committed against women and girls is a structural and widespread problem throughout Europe and the world, which involves victims and perpetrators irrespective of their age, education, income, social status, cultural backgrounds and while anybody can be an indirect victim of gender-based violence, women and girls are disproportionately affected by all forms of such violence;

whereas women and girls in particular, in all their diversity, are targeted by gender-based violence and experience varying and intersecting forms of discrimination, which have an compounding negative impact; whereas some groups of women and girls, such as migrant women, women refugees and asylum seekers, women and girls with disabilities, and Roma women, are at risk of multiple discrimination and are therefore even more vulnerable to violence; whereas the diversity of women and the risks of intersecting forms of discrimination should be taken into consideration; whereas LGBTIQ+ persons may be victims of gender-based violence because of their sexual orientation, gender, gender identity, gender expression or sex characteristics; and whereas the Istanbul Convention stipulates that all its provisions, in particular measures to protect the rights of victims, must be secured without discrimination on any grounds such as sex, gender, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth, sexual orientation, gender identity, age, state of health, disability, marital status, migrant or refugee status, or other status;

I.	whereas these intersecting and multiple forms of discrimination should be taken into account when giving access to justice and related services; whereas women should be granted specialist support services in the implementation of protection measures;

whereas ‘rape culture’, which consists of a series of beliefs that encourage male sexual aggression and supports gender-based violence, is still a widespread problem throughout Europe and the world, manifesting itself in the normalising or trivialising of sexual violence, rape and sexual harassment, and is rooted in gender stereotypes, sexism, misogyny and the unequal distribution of power between genders;

whereas the level of gender equality is often indicative of, and serves as a first warning of, the deteriorating situation of fundamental rights and values, including democracy and the rule of law, in a given society; whereas the present decade is witnessing a visible and increasingly organised attack on, and oppressive backlash against, gender equality, women’s and girls’ rights and the rights of LGBTIQ+ persons, which is manifesting itself particularly in a number of Member States as well as elsewhere in the world, and which has led to a visible increase in online and offline violence against women and LGBTIQ+ persons;

whereas the EU must take all necessary measures to promote and protect the right of all women and girls to live free from violence; whereas the COVID-19 pandemic led to increased domestic violence and violence against women; whereas more than 45 % of women worldwide have reported that they or a woman they know has experienced some form of violence and 65 % of women have reported experiencing it in their lifetime; whereas European countries saw either a sharp or a constant increase in reported cases of femicides; whereas access to essential services such as emergency accommodation and telephone assistance has decreased, confirming the even more urgent need to adopt concrete measures to combat such violence after the lessons learned from the pandemic;

whereas gender-based violence, committed in particular against women and girls, may take many forms such as physical assault, sexual violence, including rape, female genital mutilation, femicide, trafficking of women and girls for the purposes of sexual exploitation, sexual harassment, ‘honour crimes’ and forced marriages, marital captivity, forced sterilisation, forced abortion, as well as the denial of safe and legal abortion, obstetric and gynaecological violence, institutional violence, vicarious violence, economic violence that occurs within the family and/or domestic unit, stalking, bullying and harassment, hate speech, both online and offline, and various forms of cyberviolence; whereas gender-based violence against LGBTIQ+ women includes additional forms of sexual violence, such as ‘corrective’ rape and sexual harassment, female and intersex genital mutilations, forced sterilisation of trans and intersex people and conversion therapy;

whereas differences in Member States’ laws and policies have led to a divergence in the extent to which women are protected against gender-based violence such that women do not have equal protection against gender-based violence across the EU; whereas in some Member States the denial of safe and legal abortion has led to the death of a number of women in recent years (36); whereas the ECtHR has ruled on several occasions that restricting access to abortion, where provided for in national law, and lack of implementation of legally permitted access, violates human rights, and hence it constitutes a form of gender-based violence in that context; whereas in some Member States women’s rights organisations are being harassed and persecuted for assisting victims of inhumane abortion laws (37);

O.	whereas gender-based violence continues to be an underreported crime in the European Union; whereas 67 % of women interviewed in the 2014 FRA survey stated that they did not report serious incidents of partner violence to the police or any other organisation (38);

whereas stereotyping and gender bias in the justice system together with the lack of gender-sensitive, effective and speedy prosecution, legal frameworks, judicial systems, and measures to provide protection, support and reparations impair women’s access to justice and foster a lack of trust in law enforcement, a lack of information on how to take action and report such occurrences and a lack of adequate social and medical services are frequent reasons for not reporting gender-based violence;

Q.	whereas specific groups subject to gender-based violence, such as racialized women, women with disabilities, migrant women and LGBTIQ+ persons, face additional barriers to access to justice;

whereas, in many cases, the victim may be subjected to degrading comments, repeated exposure to the perpetrator, victim blaming and repeated interrogation by law enforcement officials or police, which exacerbates their fear of reporting the violence they have suffered, and increases the risk of re-victimisation or secondary forms of victimisation;

whereas the 1993 United Nations Declaration on the Elimination of Violence against Women and the Beijing UN Platform for Action defined violence against women as any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life; whereas the UN Committee on the Elimination of Discrimination against Women (CEDAW) defines gender-based violence as violence which is directed against a woman because she is a woman or that affects women disproportionately; whereas CEDAW underlines that gender-based violence is a form of discrimination that seriously inhibits women’s ability to exercise their rights and freedoms on the basis of equality with men and thus constitutes a violation of their human rights;

whereas ending gender-based violence has been included by the Commission as a key priority in the Gender Equality Strategy 2020–2025 with a set of concrete proposals to ensure effective prevention of gender-based violence and domestic violence, among them the conclusion of the EU’s accession to the Istanbul Convention and ensuring its swift ratification and implementation by EU Member States;

whereas only a mix of policies combining legislative and non-legislative measures, and measures to facilitate victims’ access to housing and employment, including providing shelter for victims, as well as financial autonomy and equal participation of women in all areas of society, can significantly reduce violence against women and girls as well as other forms of violence such as that towards LGBTIQ+ persons and its consequences;

whereas civil society, and in particular women’s organisations and those working on gender equality make a very important contribution to preventing and combating all forms of violence and their work should be recognised, encouraged, supported and adequately funded, including through the possibility to apply for and receive State and EU funding, so that they can carry out their work in the best way possible;

whereas the Istanbul Convention is the most effective, powerful and comprehensive tool to date to prevent and combat a wide range of forms of violence against women and domestic violence at European level and beyond; whereas the Convention offers guidance to States Party and their respective national authorities to give an adequate multidisciplinary response to violence against women and domestic violence through the four pillars: prevention, protection of survivors and reparation, prosecution of perpetrators and integrated policies; whereas countries that have ratified the Convention have intensified prevention efforts and improved investigations and prosecutions as well as protection services for women and girls who are victims of violence (39); whereas the immediate accession of all Member States to the Istanbul Convention would contribute to the development of an integrated policy, thereby ensuring equal protection through a binding instrument overcoming the differing policies and legislations across Member States, and to the promotion of international cooperation in the fight against all forms of violence against women and domestic violence, which is particularly important during times of war and humanitarian and displacement crises, as is highlighted by the situation of women and girls fleeing Ukraine;

X.	whereas the Istanbul Convention is a mixed agreement that allows for accession by the EU in parallel to accession by its Member States; whereas this has been confirmed by the opinion of the Court of Justice of the European Union (40) (CJEU);

whereas the accession of all Member States to the Istanbul Convention would support a coordinated approach in fighting violence against women, together with existing or future related measures at EU level, such as the proposal for an EU directive on combating violence against women and domestic violence, and the Victims’ Rights Directive;

whereas violence against women, including domestic violence, is often considered a private matter and is thus too easily tolerated; whereas in fact it constitutes a cross-border, systemic violation of fundamental rights and a serious crime that must be prevented and prosecuted, therefore Member States should collaborate closely to fight it together; whereas all women and girls in the European Union should benefit from the same level of protection against gender-based violence irrespective of the Member State in which they find themselves; whereas all Member States have signed the Istanbul Convention, but only 21 have ratified it; whereas six Member States — Bulgaria, Czechia, Hungary, Latvia, Lithuania and Slovakia — still have not ratified the Convention; whereas the EU’s accession to the Convention does not exempt Member States from national ratification; whereas the EU must take all necessary measures, in cooperation with its Member States to protect and promote the right of all women and girls to live free from gender-based violence; whereas the Polish Government has announced its intention to withdraw from the Convention in 2020 and whereas the matter still lies with the Polish Constitutional Court;

AA.

whereas impunity for the perpetrators of crimes against women still persists and must be eradicated by ensuring their prosecution and appropriate conviction, which is needed to break the vicious circle of silence for the victims of violence, and that women and girls who are survivors of violence receive the support, redress and recognition they need from law enforcement and the judicial system especially in the case of those living in rural areas where protection services for victims are non-existent or very limited; whereas it is important to guarantee adequate access to specialised services, including healthcare or safe accommodation services, regardless of the stage of prosecution proceedings; whereas it is fundamental to provide appropriate rights- and gender-sensitive training, procedures and guidelines for all practitioners and law enforcement officers, including judges, public prosecutors, judicial staff, forensic experts, service providers, workplace managers and other professionals dealing with victims of all acts of gender-based violence to avoid discrimination and re-victimisation;

AB.

whereas gender-based violence, particularly that committed against women and girls, has been recognised by the international community and should be addressed comprehensively, and despite all the efforts which have been made by international organisations, civil society, and state authorities to eradicate gender-based violence, it remains pervasive and manifests itself in new forms such as cyberviolence, cyber harassment, cyberstalking and non-consensual sharing of intimate material through social media; whereas cyberviolence against women and intimate partner cyberviolence have become increasingly common in recent years, especially after the COVID-19 pandemic; whereas, in the European Union, 4 % to 7 % of women have experienced cyber harassment, while between 1 % and 3 % have experienced cyberstalking (41); whereas globally the World Wide Web Foundation survey (42) conducted in 2020 among respondents from 180 countries revealed that 52 % of young women and girls have experienced online abuse such as the sharing of intimate images, videos or messages without their consent, mean and humiliating messages, abusive and threatening language, sexual harassment and false content, and 64 % of respondents stated that they know someone who has experienced harassment, abuse or violence;

AC.

whereas efforts to eradicate gender-based violence, particularly that committed against women and girls, are often contested or weakened in the name of tradition, culture, religion or fundamentalist, populist ideologies or far right movements, and false narratives and disinformation are spread, for example, presenting claims about the Istanbul Convention that it aims to ‘erase the traditional family’ and ‘promote gender ideology and homosexuality’; whereas these groups use disinformation and populist rhetoric to pressure politicians and spread false fears among citizens;

AD.

whereas exposure to physical, sexual, psychological or socio-economic violence and abuse has a severe impact on victims, their families, relatives and society as a whole; whereas national custody laws should take the best interest of children into account when determining whether perpetrators should be granted custody or visitation rights (43);

AE.

whereas Türkiye, the first country to sign and ratify the Convention, decided to withdraw from it six years later and has not been a State Party to the Convention since 1 July 2021; whereas the European institutions have condemned this step backwards, which constitutes a dangerous precedent for other States Party; whereas in June 2022 Ukraine became the 36th State to ratify the Convention, while defending its territory from Russia’s unjustified, unprovoked and illegal war of aggression; whereas rape and sexual violence against women and girls are being used as weapons of war in the conflict; whereas the Convention entered into force on 1 November 2022 and its prompt implementation should support the Ukrainian authorities’ efforts to deal with atrocities committed by Russian soldiers against women and children, and tackle gender-based violence; whereas Ukraine’s ratification while at war should serve as an example for all Member States which refuse to ratify it or do not consider it a priority;

Welcomes the fact that on 4 March 2016 the Commission proposed the EU’s accession to the Istanbul Convention, the most comprehensive legally binding instrument on preventing and combating violence against women and gender-based violence, including domestic violence, at international level;

Welcomes the EU’s signature of the Istanbul Convention on 13 June 2017; regrets that six years later the EU has still not ratified the Convention due to the refusal of a few Member States in the Council of the EU; notes, however, that the legal uncertainty caused by limiting the scope of the EU’s future accession to certain provisions of the Convention, namely provisions on judicial cooperation on criminal matters, asylum and non-refoulement, as well as the concerns about the internal procedure in view of the ratification of the Convention were answered by the CJEU in its opinion of 6 October 2021; urges the Council to act according to this decision and not to delay the EU’s accession to the Istanbul Convention any longer; reiterates that the Istanbul Convention should be understood as the minimum standard required to eradicate gender-based violence and that the Union should also pursue additional legislative and non-legislative measures in this regard;

Reaffirms its commitment to pursuing a comprehensive approach to call for the eradication at EU level of all gender-based violence committed against women and girls in all their diversity and against LGBTIQ+ persons on the grounds of their sexual orientation, gender identity, gender expression and sex characteristics and to ensure the follow-up of its recommendations, which have been proposed in a number of resolutions;

Strongly condemns all forms of gender-based violence against women and girls and against LGBTIQ+ persons; strongly affirms that the denial of sexual and reproductive health services and rights including the right to safe and legal abortion, is a form of violence against women and girls; reiterates that women and girls must have full control over their bodies and sexualities; highlights that the ECtHR has ruled on several occasions that restrictive abortion laws and a lack of implementation violate the human rights of women; notes with deep concern and condemns the fact that, in some Member States, such as Slovakia, Poland and Hungary, women’s sexual and reproductive rights, especially the right to safe and legal abortion, are under constant threat; points out that access to abortion in Italy is slowly being eroded, that on 22 October 2020, the illegitimate Constitutional Tribunal of Poland introduced a de facto abortion ban, that abortion is banned in Malta, and that medical abortion during early pregnancy is not legal in Slovakia and is not available in Hungary; welcomes the initiatives of some Member States, such as France, to enshrine the right to abortion in their constitutions in order to protect this fundamental right; reiterates its call to include the right to safe and legal abortion in the EU Charter of Fundamental Rights; calls on all Member States to guarantee universal access for all to a full range of sexual and reproductive health services, including comprehensive age-appropriate sexual education, family planning, modern contraceptive methods, and the right to safe and legal abortion;

Recalls its resolution of 12 September 2017 for the conclusion of the Istanbul Convention by the European Union, and deplores the fact that women and girls are often exposed to domestic violence, sexual harassment, psychological and physical violence, stalking, sexual violence, rape, forced marriage, female genital mutilation, forced abortion, forced sterilisation, trafficking for the purposes of sexual exploitation and other forms of violence; stresses that the Istanbul Convention lays down that culture, custom, religion, tradition or so-called ‘honour’ cannot justify any acts of violence against women; calls on the Commission and Member States to refer to the Istanbul Convention’s definition on violence against women in their relevant legislation accordingly;

Recalls that the Istanbul Convention applies both in times of peace and in situations of armed conflict; recalls that the Rome Statute of the International Criminal Court of 17 July 1998 criminalises several forms of sexual violence as crimes against humanity and war crimes;

Recalls that according to the Vienna Convention on the Law of Treaties, the consent of a State to be bound by a treaty may be expressed by signature, and that parties to an international agreement may not invoke the provisions of their national law to justify the non-execution of a treaty;

Points out that also women with disabilities and parents of children with disabilities have encountered obstacles in reporting violence and gaining access to the justice system, including, as reported by GREVIO, the inaccessibility of police premises, a lack of training on stereotypes among law enforcement officials, as well as the lack of information in accessible formats about the assistance to victims of violence and the services available;

Calls on the Commission to ensure the full integration of the Convention into the EU legislative and policy framework; calls on all Member States to ensure full implementation of measures stemming from the Convention in their national laws and policies; strongly condemns the attempts in some Member States to revoke measures already taken to implement the Istanbul Convention and combat violence against women and domestic violence; calls, furthermore, on the Member States to ensure proper implementation and the allocation of adequate financial and human resources to preventing and combating gender-based violence, as well as empowering women and girls, and protecting victims and enabling them to be compensated, especially in the case of those living in areas where protection services for victims are non-existent or very limited;

10.

Calls on the Commission and Member States to appropriately address, through legislative and non-legislative initiatives amongst others, custody and visitation rights of children, civil consequences of forced marriages, stalking, as well as denial of reproductive rights and access to reproductive healthcare and to protect the victims, who can experience serious trauma leading sometimes even to suicide;

11.

Calls on the Member States to implement preventive measures, including increased primary prevention of gender-based violence, which has to start with gender-sensitive education programming directed at both girls and boys from an early age and continue through focused lifelong education, as well as a victim-centred approach to support services and protection measures for survivors such as financial assistance, psychological support, helplines, shelters and access to social housing, and ‘safe leave’, as well as measures helping victims to continue living in their homes safely, such as restraining orders for perpetrators and specialist support for children;

12.

Stresses the importance of promoting cooperation on gender-based violence between Member States through the exchange of best practices; calls on the Commission and the Member States to organise and carry out information campaigns regarding the Istanbul Convention and its provisions, to support partnerships between authorities and civil society organisations and run joint programmes to facilitate the implementation of its provisions;

13.

Asks the Commission and the Member States to ensure appropriate gender-sensitive training, procedures and guidelines, as well as specialist support and protection measures, with a victim-centred approach for all professionals involved, including law enforcement agencies, the judiciary and public prosecutors, to ensure early detection of victims, avoid deficient risk assessments, as well as to prevent discrimination, traumatisation or re-victimisation during judicial, medical and police proceedings; calls in particular for EU-wide minimum standards for law enforcement in this area; points out the key role of the Istanbul Convention in enhancing Member States’ capacities in this field; calls for the improvements necessary to encourage the reporting of such crimes;

14.

Recalls that the Istanbul Convention remains the international standard and a key tool in eradicating violence against women and other forms of gender-based violence, including domestic violence; points out that criminal justice can only be one part of a comprehensive and integrated response to violence against women and other forms of gender-based violence, encompassing prevention, protection and prosecution; stresses the advantages of the Istanbul Convention’s structure, which follows a holistic, comprehensive and coordinated methodology for addressing the issues of violence against women and gender-based violence, including domestic violence, in all its physical, sexual, psychological and economic forms, based on a four pillar approach including all aspects from prevention, to protection, prosecution and coordinated policies; notes that Member States have a responsibility to combat impunity in the cases of violence against women and other forms of gender-based violence, including domestic violence, and to preserve the dissuasive function of penalties and prosecutions;

15.

Highlights the Istanbul Convention’s victim-centred approach, addressing violence against women and domestic violence from a wide range of perspectives, by providing for measures such as prevention of violence and treatment programmes teaching perpetrators of domestic violence to adopt non-violent behaviour in interpersonal relationships in order to prevent further acts of violence, the fight against discrimination, through victim protection and support, the protection of children, the protection of women asylum seekers and refugees, as well as through criminal law measures to combat impunity, by the introduction of risk assessment procedures and risk estimation and better data collection, as well as through awareness-raising campaigns and programmes, including in cooperation with national human rights and equality bodies, civil society and non-governmental organisations;

16.

Notes that the Istanbul Convention benefits from 10 years of functioning and practice through its unique monitoring and implementation system through GREVIO; stresses the importance of this process of interactive exchange between GREVIO and the participating members; recognises the immense amount of work done by GREVIO in monitoring the implementation of the Convention and calls on all parties to follow their country-specific recommendations; urges the Member States to take GREVIO’s recommendations into account and to enhance their legislation by bringing it into line with the Istanbul Convention’s provisions;

17.

Calls on Member States to take into account the conclusions and good practices set out in GREVIO’s mid-term review of its baseline evaluation reports (44) and use them to give new momentum to the Convention’s proper implementation and enforcement to improve Member States’ national frameworks for the prevention and combating of gender-based violence, including their national laws;

18.

Recalls that, in order to ensure effective implementation of the Istanbul Convention, a two-pillar monitoring mechanism was established consisting of GREVIO, which conducts a country-by-country report, and the Committee of the Parties;

19.

Acknowledges the importance of the Istanbul Convention during the COVID-19 pandemic to help Member States tackle the alarming increase in gender-based violence, considered to be a ‘shadow pandemic’; praises the efforts of some Member States to establish additional prevention measures as well as protection and support services during the pandemic; calls, however, in this regard for the setting up of a specific EU protocol on violence against women in times of crisis and emergency, to complement the measures enshrined in the Istanbul Convention and enhance the readiness of the European Union to address gender-based violence in these specific situations;

20.

Takes note of the CJEU opinion of 6 October 2021, following up on Parliament’s request, which allows the Council to proceed with the ratification of the Istanbul Convention by the European Union without a prior common agreement; considers that the European Union could and should now ratify the Convention;

21.

Emphasises that the EU’s accession will provide a coherent European legal framework for the EU’s internal and external policies to prevent and combat violence against women and girls, domestic violence and other forms of gender-based violence, to protect and support victims and to provide effective reparations, as well as bring about better monitoring, interpretation and implementation of EU laws, programmes and funds relevant to the Convention, together with better collection of comparable disaggregated data at EU level; also considers that by acceding to the Convention, the EU will lead by example and will become a more effective promoter of women’s rights worldwide;

22.

Points out that the EU’s accession will also allow more comprehensive collection of data on gender-based violence at EU level; notes that GREVIO has emphasised the scale of gender-based violence and in particular the importance of evidence-based policymaking and it highlights the need to establish a system to collect data regularly, and undertake surveys on all forms of violence against women and girls; welcomes Eurostat’s current efforts to coordinate a survey on gender-based violence in the EU planned for 2023 to update the latest European Union’s data on gender-based violence from 2014 and, in this regard, asks all Member State parties to the Convention to cooperate and take part in it;

23.

Regrets and strongly condemns the political instrumentalisation of the Convention by some Member States; calls for a constructive dialogue and effective cooperation in the short, medium and long term with various institutions, authorities and civil society actors, as well as with the Council and Member States in cooperation with the Council of Europe to address Member States’ reservations, objections and concerns and clarify misleading and false interpretations of the Istanbul Convention within many Member States, such as the alleged promotion of ‘destructive gender ideologies’, in order to make progress in this area and make the ratification of the Istanbul Convention by all Member States and the EU institutions a reality; urges Member States to speed up negotiations on the ratification and implementation of the Istanbul Convention and to strongly condemn all attempts to reverse measures already taken in implementing the Istanbul Convention and in combating violence against women;

24.

Calls on the Commission and the Council to ensure that Parliament will be fully involved in the Convention’s monitoring process after EU accession to the Istanbul Convention; notes the importance of proceeding with a swift agreement on a code of conduct concerning cooperation between the EU and its Member States for the implementation of the Convention, which should also involve civil society organisations, particularly women’s rights organisations;

25.

Recalls that the EU’s accession to the Istanbul Convention does not exempt Member States from national ratification of the Convention; points out that while all Member States have already signed the Istanbul Convention, six have not yet ratified it, namely Bulgaria, Czechia, Hungary, Latvia, Lithuania and Slovakia; condemns the backlash against gender equality, women’s rights and the Istanbul Convention in some Member States, for example in Poland, where the Prime Minister requested an examination of the constitutionality of the Convention before the Constitutional Tribunal; strongly condemns the attempt to denounce the Istanbul Convention by submitting a formal request to work on the withdrawal of the Convention by the Minister of Justice in Poland; notes that in Slovakia, the National Council refused to ratify the Convention in 2020 and asked the Slovak President to retract the country’s signature, but notes that the President decided to not proceed with the retraction; calls on national authorities to fight against disinformation and launch awareness campaigns to dispel all doubts about the Convention and its benefits for society as a whole; underlines that the EU’s accession to the Istanbul Convention does not exempt Member States from national ratification and thus urges the remaining six Member States that have not already done so, to ratify the Convention without delay; strongly condemns any attempt by Member States to withdraw from the ratification itself;

26.

Strongly condemns all initiatives seeking to replace the Istanbul Convention with any alternatives such as the so-called family treaty in Poland, which are based on values that diverge fundamentally from human rights and gender equality rights and would not serve as an effective instrument in combating domestic and intimate partner violence;

27.

Condemns the growing opposition to the Istanbul Convention in some Member States and the attempts to disparage the Convention and its positive impact on the eradication of gender-based violence; strongly condemns all disinformation campaigns about the Istanbul Convention aiming to evoke fears in society about its allegedly ‘destructive impact on the family’; stresses that such disinformation campaigns are often coordinated, funded and organised by ultra-conservative groups and far right movements, among others, as well as by anti-gender movements from outside of the EU; reiterates, in this regard, its strong condemnation of the smear campaigns against the Convention as a rejection of the internationally agreed zero-tolerance norm for violence against women and other forms of gender-based violence; highlights that Member States should further increase their efforts to counter false narratives regarding the Convention;

28.

Underlines that there are no legal obstacles to the Council’s proceeding to ratify the Convention, as a qualified majority is sufficient for its adoption; reiterates its call on the Council to urgently conclude the EU ratification of the Istanbul Convention on the basis of a broad accession without any limitations, and to advocate its ratification by all Member States; calls on Member States to confirm their political will to combat violence against women and girls and therefore, to take this decision and not allow a few Member States to influence the gender equality agenda in the Council; recalls, furthermore, the commitment of the President of the Commission to defend the ratification in her address to the plenary of the European Parliament on the conclusions of the European Council meeting of 25-26 March 2021 and on the outcome of the EU-Türkiye meeting of 6 April 2021;

29.

Welcomes the Commission’s proposal for a directive on combating violence against women and domestic violence, and highlights the need to ensure, as a minimum, the standards of the Istanbul Convention; points out that it will be the first EU act specifically addressing gender-based violence, thus helping to harmonise Member States’ differing approaches towards violence against women and domestic violence and to lay down common minimum standards for its prevention, for the protection of victims and survivors of gender-based violence and for ensuring their access to justice; stresses that this legislative act is complementary to the Convention rather than substituting for it, as it only covers some of its parts, and the Convention remains an essential tool for the EU strategy to address gender-based violence;

30.

Denounces the fact that more and more women and girls are victims of gender-based violence on the internet and on social media; notes that the implementation of the Convention should be followed by specific legislative measures on gender-based cyberviolence, recognising and preventing this specific form of gender-based violence, criminalising the acts of gender-based violence perpetrated in the online space; welcomes in this regard, the inclusion of some forms of gender-based cyberviolence as criminal offences within the Commission’s proposal for a directive on combating violence against women and domestic violence, namely non-consensual sharing of intimate or manipulated material, cyberstalking, cyber-harassment, and cyber-incitement to violence or hatred;

31.

Calls on the Commission to draw up a holistic EU strategy on combating violence against women and gender-based violence that includes a comprehensive plan to prevent and combat all forms of gender inequalities, integrating all EU efforts to eradicate violence against women;

32.

Notes that the inclusion of gender-based violence as a particularly serious crime with a cross-border dimension (‘euro-crime’) — which is one of the priorities of the Commission President’s political guidelines — would have been a more appropriate and effective legal basis for the European Commission’s proposed directive on combating violence against women and domestic violence; reiterates its call on the Council to activate the passerelle clause by adopting a unanimous decision identifying gender-based violence as one of the areas of crime listed in Article 83(1) TFEU;

33.

Considering the extent and gravity of gender-based violence and sexual harassment in the workplace, calls on the Member States to ratify and implement the ILO Violence and Harassment Convention (No 190);

34.

Recognises the pivotal role of and incredible amount of work performed by civil society organisations, in particular women’s and other human rights organisations, including those working on protecting the rights of women belonging to minorities and other vulnerable groups, in preventing and combating violence against women and girls and other forms of gender-based violence, and their efforts to provide assistance to the victims of gender-based violence; calls on the Member States and the Commission to support these activities by providing sufficient reliable, and sustainable human and long-term financial resources, including through the Citizens, Equality, Rights and Values (CERV) programme in order to support civil society actors providing support to victims of gender-based violence, working to eradicate gender-based violence, and to prevent and combat violence against women and domestic violence, as well as the specific services helping victims, particularly regarding access to justice and specialised shelters as referred to in the Istanbul Convention explanatory report and the GREVIO mid-term horizontal review;

35.

Calls on Member States to continue and strengthen the protection of children who are victims of or witness episodes of domestic and intimate partner violence; in particular condemns the use, assertion and acceptance of non-scientific theories and concepts in custody cases to minimise domestic violence in civil proceedings, and deny child custody to the mother and grant it to the father accused of gender-based violence;

36.

Urges the Council to ensure the EU’s swift ratification of the Istanbul Convention without further delay; further urges the Council to also ensure a broad EU accession of all Member States to the Convention without any limitations;

37.

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

(1) OJ L 131, 20.5.2017, p. 11.

(2) OJ L 131, 20.5.2017, p. 13.

(3) https://rm.coe.int/168008482e

(4) OJ L 373, 21.12.2004, p. 37.

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

(6) OJ L 315, 14.11.2012, p. 57.

(7) FRA, ‘Violence against women: an EU-wide survey. Main results report’, 3 March 2014.

(8) https://hudoc.echr.coe.int/fre?i=001-92945

(9) https://hudoc.echr.coe.int/fre?i=001-216360

(10) https://hudoc.echr.coe.int/fre?i=001-216854

(11) https://hudoc.echr.coe.int/fre?i=001-61521

(12) https://hudoc.echr.coe.int/fre?i=001-103214

(13) https://hudoc.echr.coe.int/fre?i=001-93532

(14) https://hudoc.echr.coe.int/fre?i=002-7226

(15) https://hudoc.echr.coe.int/fre?i=002-13282

(16) Council of Europe, Mid-term Horizontal Review of GREVIO baseline evaluation report, February 2022.

(17) OJ C 285 E, 21.10.2010, p. 53.

(18) OJ C 296 E, 2.10.2012, p. 26.

(19) OJ C 285, 29.8.2017, p. 2.

(20) OJ C 346, 27.9.2018, p. 19.

(21) OJ C 337, 20.9.2018, p. 16.

(22) OJ C 449, 23.12.2020, p. 102.

(23) OJ C 116, 31.3.2021, p. 7.

(24) OJ C 232, 16.6.2021, p. 48.

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

(26) OJ C 465, 17.11.2021, p. 160.

(27) OJ C 117, 11.3.2022, p. 8.

(28) OJ C 132, 24.3.2022, p. 27.

(29) OJ C 251, 30.6.2022, p. 2.

(30) OJ C 251, 30.6.2022, p. 23.

(31) OJ C 224, 27.6.2018, p. 96.

(32) ECLI:EU:C:2021:198.

(33) European Union Agency for Fundamental Rights, 2014.

(34) European Institute for Gender Equality, ‘The costs of gender-based violence in the European Union’, Publications Office of the European Union, Luxembourg, 2021.

(35) EIGE, Gender Equality Index, 2022.

(36) https://www.hrw.org/news/2022/10/22/two-years-polands-abortion-crackdowns-and-rule-law

(37) https://www.hrw.org/news/2019/02/06/poland-womens-rights-activists-targeted

(38) FRA, ‘Violence against Women: every day and everywhere’, 5 March 2014.

(39) ‘Towards a Europe Free from Male Violence Against Women and Girls’, European Women’s Lobby (Reference: https://womenlobby.org/IMG/pdf/ic-2.pdf).

(40) ECLI:EU:C:2021:832.

(41) European Parliamentary Research Service (EPRS) study entitled ‘Combating gender-based violence: Cyber violence — European added value assessment’.

(42) World Wide Web Foundation, ‘Survey — Young people’s experience of online harassment’, 2020.

(43) GREVIO, ‘3rd General Report on GREVIO’s Activities’, June 2022.

(44) GREVIO, ‘Mid-term Horizontal Review of GREVIO baseline evaluation reports’, February 2022.

		ISSN 1977-091X
Official Journal of the European Union		C 283

English edition	Information and Notices	Volume 66 11 August 2023

Contents		page

	EUROPEAN PARLIAMENT 2022-2023 SESSION Sittings of 13 to 16 February 2023 TEXTS ADOPTED	1

	I Resolutions, recommendations and opinions
	RESOLUTIONS
	European Parliament
	Wednesday 15 February 2023
2023/C 283/01	European Parliament resolution of 15 February 2023 on the situation of the former President of Georgia Mikheil Saakashvili (2023/2543(RSP))	2
2023/C 283/02	European Parliament resolution of 15 February 2023 on the EU priorities for the 67th session of the UN Commission on the Status of Women (2022/2839(RSP))	5
	Thursday 16 February 2023
2023/C 283/03	European Parliament resolution of 16 February 2023 on the situation of human rights defenders in Eswatini, notably the murder of Thulani Maseko (2023/2551(RSP))	12
2023/C 283/04	European Parliament resolution of 16 February 2023 on violence against opposition activists in Equatorial Guinea, notably the case of Julio Obama Mefuman (2023/2552(RSP))	14
2023/C 283/05	European Parliament resolution of 16 February 2023 on the inhuman imprisonment conditions of Alexei Navalny (2023/2553(RSP))	16
2023/C 283/06	European Parliament resolution of 16 February 2023 on an EU strategy to boost industrial competitiveness, trade and quality jobs (2023/2513(RSP))	18
2023/C 283/07	European Parliament resolution of 16 February 2023 on following up on measures requested by Parliament to strengthen the integrity of the European institutions (2023/2571(RSP))	27
2023/C 283/08	European Parliament resolution of 16 February 2023 on the establishment of an independent EU ethics body (2023/2555(RSP))	31
2023/C 283/09	European Parliament resolution of 16 February 2023 on one year of Russia’s invasion and war of aggression against Ukraine (2023/2558(RSP))	34
2023/C 283/10	European Parliament resolution of 16 February 2023 on the European Central Bank — annual report 2022 (2022/2037(INI))	40
2023/C 283/11	European Parliament resolution of 16 February 2023 on developing an EU cycling strategy (2022/2909(RSP))	48
2023/C 283/12	European Parliament resolution of 16 February 2023 on the Commission communication on ensuring availability and affordability of fertilisers (2022/2982(RSP))	51

	III Preparatory acts
	European Parliament
	Tuesday 14 February 2023
2023/C 283/13	European Parliament decision of 14 February 2023 amending the decision of 10 March 2022 on setting up a special committee on foreign interference in all democratic processes in the European Union, including disinformation (INGE 2), and adjusting its title and responsibilities (2023/2566(RSO))	60
2023/C 283/14	European Parliament decision of 14 February 2023 on setting up a subcommittee on public health (2023/2565(RSO))	64
2023/C 283/15	P9_TA(2023)0032 Union rights in enforcing and implementing the UK Withdrawal Agreement and the EU-UK Trade and Cooperation Agreement European Parliament legislative resolution of 14 February 2023 on the proposal for a regulation of the European Parliament and of the Council laying down rules for the exercise of the Union's rights in the implementation and enforcement of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community and of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (COM(2022)0089 — C9-0059/2022 — 2022/0068(COD)) P9_TC1-COD(2022)0068 Position of the European Parliament adopted at first reading on 14 February 2023 with a view to the adoption of Regulation (EU) 2023/… of the European Parliament and of the Council laying down rules for the exercise of the Union's rights in the implementation and enforcement of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community and of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part	65
2023/C 283/16	P9_TA(2023)0033 Union Secure Connectivity Programme 2023-2027 European Parliament legislative resolution of 14 February 2023 on the proposal for a regulation of the European Parliament and of the Council establishing the Union Secure Connectivity Programme for the period 2023-2027 (COM(2022)0057 — C9-0045/2022 — 2022/0039(COD)) P9_TC1-COD(2022)0039 Position of the European Parliament adopted at first reading on 14 February 2023 with a view to the adoption of Regulation (EU) 2023/… of the European Parliament and of the Council establishing the Union Secure Connectivity Programme for the period 2023-2027	66
2023/C 283/17	European Parliament legislative resolution of 14 February 2023 on the draft Council decision on the conclusion of the Voluntary Partnership Agreement between the European Union and the Co-operative Republic of Guyana on forest law enforcement, governance and trade in timber products to the European Union (09272/2022 — C9-0432/2022 — 2022/0142(NLE))	68
2023/C 283/18	European Parliament non-legislative resolution of 14 February 2023 on the draft Council decision on the conclusion of the Voluntary Partnership Agreement between the European Union and the Co-operative Republic of Guyana on forest law enforcement, governance and trade in timber products to the European Union (09272/2022 — C9-0432/2022 — 2022/0142M(NLE))	69
2023/C 283/19	P9_TA(2023)0036 REPowerEU chapters in recovery and resilience plans European Parliament legislative resolution of 14 February 2023 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2021/241 as regards REPowerEU chapters in recovery and resilience plans and amending Regulation (EU) 2021/1060, Regulation (EU) 2021/2115, Directive 2003/87/EC and Decision (EU) 2015/1814 (COM(2022)0231 — C9-0183/2022 — 2022/0164(COD)) P9_TC1-COD(2022)0164 Position of the European Parliament adopted at first reading on 14 February 2023 with a view to the adoption of Regulation (EU) 2023/… of the European Parliament and of the Council amending Regulation (EU) 2021/241 as regards REPowerEU chapters in recovery and resilience plans and amending Regulations (EU) No 1303/2013, (EU) 2021/1060 and (EU) 2021/1755, and Directive 2003/87/EC	74
2023/C 283/20	European Parliament legislative resolution of 14 February 2023 on the proposal for a Council directive laying down detailed arrangements for the exercise of the right to vote and stand as a candidate in elections to the European Parliament for Union citizens residing in a Member State of which they are not nationals (recast) (COM(2021)0732 — C9-0021/2022 — 2021/0372(CNS))	76
2023/C 283/21	European Parliament legislative resolution of 14 February 2023 on the proposal for a Council directive laying down detailed arrangements for the exercise of the right to vote and stand as a candidate in municipal elections by Union citizens residing in a Member State of which they are not nationals (recast) (COM(2021)0733 — C9-0022/2022 — 2021/0373(CNS))	100
2023/C 283/22	P9_TA(2023)0039 CO2 emission standards for cars and vans European Parliament legislative resolution of 14 February 2023 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2019/631 as regards strengthening the CO2 emission performance standards for new passenger cars and new light commercial vehicles in line with the Union’s increased climate ambition (COM(2021)0556 — C9-0322/2021 — 2021/0197(COD)) P9_TC1-COD(2021)0197 Position of the European Parliament adopted at first reading on 14 February 2023 with a view to the adoption of Regulation (EU) 2023/… of the European Parliament and of the Council amending Regulation (EU) 2019/631 as regards strengthening the CO2 emission performance standards for new passenger cars and new light commercial vehicles in line with the Union’s increased climate ambition	127
	Wednesday 15 February 2023
2023/C 283/23	P9_TA(2023)0040 Amendments to the European Long-Term Investment Funds (ELTIFs) Regulation European Parliament legislative resolution of 15 February 2023 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2015/760 as regards the scope of eligible assets and investments, the portfolio composition and diversification requirements, the borrowing of cash and other fund rules and as regards requirements pertaining to the authorisation, investment policies and operating conditions of European long-term investment funds (COM(2021)0722 — C9-0435/2021 — 2021/0377(COD)) P9_TC1-COD(2021)0377 Position of the European Parliament adopted at first reading on 15 February 2023 with a view to the adoption of Regulation (EU) 2023/… of the European Parliament and of the Council amending Regulation (EU) 2015/760 as regards the requirements pertaining to the investment policies and operating conditions of European long-term investment funds and the scope of eligible investment assets, the portfolio composition and diversification requirements and the borrowing of cash and other fund rules	128
2023/C 283/24	European Parliament legislative resolution of 15 February 2023 on the draft Council decision on the conclusion of the Agreement between the European Union and the Republic of North Macedonia on operational activities carried out by the European Border and Coast Guard Agency in the Republic of North Macedonia (12895/2022 — C9-0369/2022 — 2022/0301(NLE))	129
2023/C 283/25	European Parliament legislative resolution of 15 February 2023 on the draft Council decision authorising Poland to ratify, in the interest of the European Union, the amendment to the Convention on the Conservation and Management of Pollock Resources in the Central Bering Sea (10918/2022 — C9-0293/2022 — 2022/0177(NLE))	130
2023/C 283/26	European Parliament legislative resolution of 15 February 2023 on the draft Council decision on the conclusion, on behalf of the European Union and its Member States, of the Protocol to the Cooperation Agreement on a Civil Global Navigation Satellite System (GNSS) between the European Community and its Member States, of the one part, and the Republic of Korea, of the other part, to take account of the accession of the Republic of Bulgaria, the Republic of Croatia and Romania to the European Union (06739/2019 — C9-0366/2022 — 2018/0429(NLE))	131
2023/C 283/27	European Parliament legislative resolution of 15 February 2023 on the proposal for a Council regulation amending Regulation (EU) 2021/2085 establishing the Joint Undertakings under Horizon Europe, as regards the Chips Joint Undertaking (COM(2022)0047 — C9-0113/2022 — 2022/0033(NLE))	132
2023/C 283/28	European Parliament legislative resolution of 15 February 2023 on the draft implementing provisions for the Statute of the European Ombudsman (N9-0065/2022 — C9-0338/2022 — 2022/0903(NLE))	142
2023/C 283/29	European Parliament resolution of 15 February 2023 on the proposal for a Council decision on the conclusion, by the European Union, of the Council of Europe Convention on preventing and combating violence against women and domestic violence (COM(2016)0109 — 2016/0062R(NLE))	149
	Thursday 16 February 2023
2023/C 283/30	P9_TA(2023)0052 Transitional provisions for certain medical devices and in vitro diagnostic medical devices European Parliament legislative resolution of 16 February 2023 on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) 2017/745 and (EU) 2017/746 as regards the transitional provisions for certain medical devices and in vitro diagnostic medical devices (COM(2023)0010 — C9-0003/2023 — 2023/0005(COD)) P9_TC1-COD(2023)0005 Position of the European Parliament adopted at first reading on 16 February 2023 with a view to the adoption of Regulation (EU) 2023/… of the European Parliament and of the Council amending Regulations (EU) 2017/745 and (EU) 2017/746 as regards the transitional provisions for certain medical devices and in vitro diagnostic medical devices	163