ISSN 1977-091X |
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Official Journal of the European Union |
C 298 |
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English edition |
Information and Notices |
Volume 61 |
Contents |
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I Resolutions, recommendations and opinions |
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RESOLUTIONS |
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European Parliament |
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Tuesday 4 April 2017 |
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2018/C 298/01 |
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2018/C 298/02 |
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Wednesday 5 April 2017 |
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2018/C 298/03 |
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2018/C 298/04 |
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2018/C 298/05 |
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2018/C 298/06 |
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Thursday 6 April 2017 |
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2018/C 298/07 |
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2018/C 298/08 |
European Parliament resolution of 6 April 2017 on the situation in Belarus (2017/2647(RSP)) |
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2018/C 298/09 |
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2018/C 298/10 |
European Parliament resolution of 6 April 2017 on the European Solidarity Corps (2017/2629(RSP)) |
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2018/C 298/11 |
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Thursday 27 April 2017 |
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2018/C 298/12 |
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2018/C 298/13 |
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2018/C 298/14 |
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2018/C 298/15 |
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2018/C 298/16 |
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2018/C 298/17 |
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2018/C 298/18 |
European Parliament resolution of 27 April 2017 on the situation in Venezuela (2017/2651(RSP)) |
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RECOMMENDATIONS |
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European Parliament |
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Tuesday 4 April 2017 |
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2018/C 298/19 |
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II Information |
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INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
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European Parliament |
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Thursday 27 April 2017 |
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2018/C 298/20 |
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III Preparatory acts |
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EUROPEAN PARLIAMENT |
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Tuesday 4 April 2017 |
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2018/C 298/21 |
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2018/C 298/22 |
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Wednesday 5 April 2017 |
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2018/C 298/23 |
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2018/C 298/24 |
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2018/C 298/25 |
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2018/C 298/26 |
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2018/C 298/27 |
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2018/C 298/28 |
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2018/C 298/29 |
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2018/C 298/30 |
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2018/C 298/31 |
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2018/C 298/32 |
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2018/C 298/33 |
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2018/C 298/34 |
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2018/C 298/35 |
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2018/C 298/36 |
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2018/C 298/37 |
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2018/C 298/38 |
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2018/C 298/39 |
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2018/C 298/40 |
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2018/C 298/41 |
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2018/C 298/42 |
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Thursday 6 April 2017 |
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2018/C 298/43 |
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2018/C 298/44 |
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Thursday 27 April 2017 |
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2018/C 298/45 |
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2018/C 298/46 |
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2018/C 298/47 |
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2018/C 298/48 |
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2018/C 298/49 |
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2018/C 298/50 |
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2018/C 298/51 |
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2018/C 298/52 |
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2018/C 298/53 |
Key to symbols used
(The type of procedure depends on the legal basis proposed by the draft act.) Amendments by Parliament: New text is highlighted in bold italics . Deletions are indicated using either the ▌symbol or strikeout. Replacements are indicated by highlighting the new text in bold italics and by deleting or striking out the text that has been replaced. |
EN |
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23.8.2018 |
EN |
Official Journal of the European Union |
C 298/1 |
EUROPEAN PARLIAMENT
2017-2018 SESSION
Sittings of 3 to 6 April 2017
The Minutes of this session have been published in OJ C 17, 18.1.2018 .
TEXTS ADOPTED
Sittings of 26 and 27 April 2017
The Minutes of this session have been published in OJ C 28, 25.1.2018 .
The texts adopted of 27 April 2017 concerning the discharge for the financial year 2015 have been published in OJ L 252, 29.9.2017 .
TEXTS ADOPTED
I Resolutions, recommendations and opinions
RESOLUTIONS
European Parliament
Tuesday 4 April 2017
23.8.2018 |
EN |
Official Journal of the European Union |
C 298/2 |
P8_TA(2017)0098
Palm oil and deforestation of rainforests
European Parliament resolution of 4 April 2017 on palm oil and deforestation of rainforests (2016/2222(INI))
(2018/C 298/01)
The European Parliament,
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having regard to the 2015-2030 United Nations Sustainable Development Goals (SDGs), |
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having regard to the Paris Agreement reached at the 21st Conference of Parties of the United Nations Framework Convention on Climate Change (COP21), |
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having regard to Commission Technical Report entitled ‘The impact of EU consumption on deforestation’ (2013-063) (1), |
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having regard to the Commission Communication of 17 October 2008 entitled ‘Addressing the challenges of deforestation and forest degradation to tackle climate change and biodiversity loss’ (COM(2008)0645), |
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having regard to the Amsterdam Declaration of 7 December 2015 entitled ‘Towards Eliminating Deforestation from Agricultural Commodity Chains with European Countries’, in support of a fully sustainable palm oil supply chain by 2020 and in support of an end to illegal deforestation by 2020, |
— |
having regard to the promise of government support for the scheme to make the palm oil industry 100 % sustainable by 2020, made by the five Member States and signatories to the Amsterdam Declaration: Denmark, Germany, France, the United Kingdom and the Netherlands, |
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having regard to the European Strategy for a low-carbon mobility of July 2016 and the Commission proposal of 30 November 2016 for a directive of the European Parliament and of the Council on the promotion of the use of energy from renewable sources (recast) (COM(2016)0767), |
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having regard to the study commissioned and funded by the Commission of 4 October 2016 entitled ‘The land use change impact of biofuels consumed in the EU: Quantification of area and greenhouse gas impacts’, |
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having regard to the report entitled ‘Globiom: the basis for biofuel policy post-2020’, |
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having regard to Special Report No 18/2016 of the European Court of Auditors on the EU system for the certification of sustainable biofuels, |
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having regard to the United Nations Convention on Biological Diversity (CBD), |
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having regard to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), |
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having regard to the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilisation to the Convention on Biological Diversity, which was adopted on 29 October 2010 in Nagoya, Japan and entered into force on 12 October 2014, |
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having regard to the EU biodiversity strategy to 2020, and the related mid-term review (2), |
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having regard to its resolution of 2 February 2016 on the mid-term review of the EU’s Biodiversity Strategy (3), |
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having regard to the International Union for the Conservation of Nature (IUCN) World Conservation Congress held in Hawaii in 2016 and its Motion 066 on mitigating the impacts of palm oil expansion and operations on biodiversity, |
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having regard to the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), |
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having regard to Rule 52 of its Rules of Procedure, |
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having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinions of the Committee on Development, the Committee on International Trade and the Committee on Agriculture and Rural Development (A8-0066/2017), |
A. |
whereas the European Union has ratified the Paris Agreement and should play a crucial role in achieving the objectives laid down in the areas concerning the fight against climate change and delivering environmental protection and sustainable development; |
B. |
whereas the EU was instrumental in setting the Sustainable Development Goals that are closely linked to the issue of palm oil (SDGs 2, 3, 6, 14, 16, 17 and, in particular, 12, 13 and 15); |
C. |
whereas under the 2030 Agenda On Sustainable Development, the EU is committed to promoting the implementation of sustainable management of all types of forests, to halting deforestation, to restoring degraded forests and to substantially increasing afforestation and reforestation worldwide by 2020; whereas under the 2030 Agenda the EU is also committed to ensuring sustainable consumption and production patterns, to encouraging companies to adopt sustainable practices and integrate sustainability information into their reporting cycle and to promoting sustainable public procurement practices, in accordance with national policies and global priorities by 2020; |
D. |
whereas there are many drivers of global deforestation, including the production of agricultural commodities such as soy, beef, maize and palm oil; |
E. |
whereas nearly half (49 %) of all recent tropical deforestation is the result of illegal clearing for commercial agriculture and this destruction is driven by overseas demand for agricultural commodities, including palm oil, beef, soy, and wood products; whereas it is estimated that the illegal conversion of tropical forests for the purposes of commercial agriculture produces 1,47 gigatonnes of carbon each year — the equivalent of 25 % of the EU’s annual fossil fuel-based emissions (4); |
F. |
whereas the wildfires of 2015 in Indonesia and Borneo were the worst observed for almost two decades and occurred as a result of global climate change, land use changes and deforestation; whereas the extremely dry conditions in the regions in question are likely to become more common events in the future, unless concerted action is taken to prevent fires; |
G. |
whereas the wildfires in Indonesia and Borneo exposed 69 million people to unhealthy air pollution and are responsible for thousands of premature deaths; |
H. |
whereas fires in Indonesia are typically the result of the clearing of land for palm oil plantations and other agricultural uses; whereas 52 % of fires in Indonesia in 2015 occurred in carbon-rich peatlands, turning the country into one of the largest contributors to global warming on Earth (5); |
I. |
whereas the absence of accurate palm oil concession maps and public land registries in many producing countries makes it difficult to determine responsibility for forest fires; |
J. |
whereas under the New York Declaration on Forests, the EU has agreed to ‘help meet the private-sector goal of eliminating deforestation from the production of agricultural commodities such as palm oil, soy, paper and beef products by no later than 2020, recognizing that many companies have even more ambitious targets’; |
K. |
whereas in 2008 the EU committed to reduce deforestation by at least 50 % by 2020 and to halt global forest cover loss by 2030; |
L. |
whereas precious tropical ecosystems, which cover a mere 7 % of the Earth’s surface, are under increasing pressure from deforestation; whereas the establishment of palm oil plantations is resulting in massive forest fires, the drying up of rivers, soil erosion, peatland drainage, the pollution of waterways and overall loss of biodiversity, which in turn leads to the loss of many ecosystem services and is having a major impact on the climate, the conservation of natural resources and the preservation of the global environment for present and future generations; |
M. |
whereas the consumption of palm oil and its derived processed goods plays a major role in the impact of EU consumption on global deforestation; |
N. |
whereas demand for vegetable oils in general is set to increase (6), while demand for palm oil will, according to estimates, double by 2050 (7); whereas, since the 1970s, 90 % of the growth in palm oil production has been concentrated in Indonesia and Malaysia; whereas, moreover, oil palm cultivation is also taking off in other Asian countries, as well as in Africa and Latin America, where new plantations are constantly being established and existing ones expanded, a state of affairs that will lead to further damage to the environment; notes, however, that replacing palm oil with other vegetable oils would create a need for more land for cultivation; |
O. |
whereas the heavy use of palm oil is primarily due to its low cost, which is made possible by the increase in the number of oil palm plantations in deforested areas; whereas, in addition, the use of palm oil in the food industry is in keeping with a model of mass, unsustainable production and consumption, which runs counter to the use and promotion of organic, high-quality, zero-food-mile ingredients and products; |
P. |
whereas palm oil is increasingly being used as a biofuel and in processed food, with some 50 % of packaged goods now containing palm oil; |
Q. |
whereas some companies trading in palm oil are failing to prove beyond doubt that the palm oil in their supply chain is not linked to deforestation, peatland drainage or environmental pollution, and to demonstrate that it has been produced with full respect for fundamental human rights and adequate social standards; |
R. |
whereas under the 7th Environment Action Programme (EAP) the Commission is required to assess the environmental impact, in a global context, of Union consumption of food and non-food commodities and, if appropriate, to develop policy proposals to address the findings of such assessments, and to consider the development of a Union action plan on deforestation and forest degradation; |
S. |
whereas the Commission is planning studies on deforestation and palm oil; |
T. |
whereas the total GHG emissions from palm oil-related land use change is unknown; whereas it is necessary to improve scientific assessments in this regard; |
U. |
whereas there are no reliable data available in producer countries on the areas of land given over to the cultivation of oil palms, whether authorised or not; whereas this obstacle, from the outset, undermines the measures taken to certify the sustainability of palm oil; |
V. |
whereas the energy sector was responsible for 60 % of EU palm oil imports in 2014, with 46 % of imported palm oil used as fuel for transport (a six-fold increase on 2010) and 15 % for power and heat generation; |
W. |
whereas it is estimated that by 2020 the amount of land that will be converted globally to produce palm oil for biodiesel will be 1 Mha (million hectares), of which 0,57 Mha will be converted from Southeast Asian primary forests (8); |
X. |
whereas the total land use change caused by the EU 2020 biofuel mandate is 8,8 Mha, of which 2,1 Mha of land is converted in Southeast Asia under pressure from oil palm plantation expansion, half of which occurs at the expense of tropical forest and peatland; |
Y. |
whereas the deforestation of rainforests is destroying the natural habitats of more than half of the world’s animal species and more than two thirds of its plant species and endangering their survival; whereas rainforests are home to some of the world’s rarest and often endemic species, which are included on the red list of the International Union for the Conservation of Nature (IUCN) in the category of critically endangered species considered to have been undergoing an observed, estimated, inferred or suspected population size reduction of more than 80 % over the last 10 years or three generations; whereas EU consumers should be better informed of the efforts made to protect those animal and plant species; |
Z. |
whereas multiple investigations reveal widespread abuses of basic human rights during the establishment and operation of palm oil plantations in many countries, including forced evictions, armed violence, child labour, debt bondage or discrimination against indigenous communities; |
AA. |
whereas there are very worrying reports (9) that a substantial part of global palm oil production is in breach of fundamental human rights and adequate social standards, that child labour is frequently being exploited, and that there are many land conflicts between local and indigenous communities and palm oil concession holders; |
General considerations
1. |
Recalls that sustainable agriculture, food security and sustainable forest management are core objectives of the SDGs; |
2. |
Recalls that forests are essential for climate change adaptation and mitigation; |
3. |
Notes the complexity of the driving factors of global deforestation, such as clearing land for cattle or arable crops, in particular to produce soya feed for EU livestock, as well as palm oil, urban sprawl, logging and other intensive agricultural activity; |
4. |
Notes that 73 % of global deforestation arises from the clearing of land for agricultural commodities, with 40 % of global deforestation caused by conversion to large-scale monocultural oil palm plantations (10); |
5. |
Notes that palm oil exploitation is not the sole cause of deforestation, with the expansion of illegal logging activities and demographic pressures also responsible for this problem; |
6. |
Observes that other plant-based oils produced from soybeans, rapeseed and other crops have a much higher environmental footprint and require much more extensive land use than palm oil; notes that other oil crops typically entail a more intensive use of pesticides and fertiliser; |
7. |
Notes with concern that the global rush for land is driven by increasing global demand for biofuel and raw materials, and by speculation on land and agricultural commodities; |
8. |
Recalls that the EU is a major importer of products resulting from deforestation, which has devastating impacts on biodiversity; |
9. |
Notes that a little under one quarter (by value) of all agricultural commodities in international trade obtained from illegal deforestation is destined for the EU, including 27 % of all soy, 18 % of all palm oil, 15 % of all beef and 31 % of all leather (11); |
10. |
Highlights that in order to effectively combat deforestation linked to the consumption of agricultural commodities, EU action should consider not only palm oil production, but all such imported agricultural imports; |
11. |
Recalls that Malaysia and Indonesia are the main producers of palm oil, with an estimated 85-90 % of global production, and welcomes the fact that Malaysian primary forest levels have increased since 1990, but remains concerned that current deforestation levels in Indonesia are running at a rate of -0,5 % total loss every five years; |
12. |
Recalls that Indonesia has recently become the third highest polluter of CO2 in the world and suffers from decreasing biodiversity, with several endangered wildlife species on the verge of extinction; |
13. |
Recalls that palm oil accounts for about 40 % of global trade in all vegetable oils and that the EU, with around 7 million tonnes per year, is the second largest global importer; |
14. |
Is alarmed by the fact that around half of the area of illegally cleared forests is used for palm oil production for the EU market; |
15. |
Notes that palm oil is used as an ingredient and/or substitute by the agri-food industry because of its productivity and chemical properties, for example its ease of storage, melting point and lower price as a raw material; |
16. |
Notes also that palm kernel cake is used in the EU for animal feed, especially for fattening dairy and beef cattle; |
17. |
Highlights in this context that social, health and environmental standards are stricter in the EU; |
18. |
Is fully aware of how complex the issue of palm oil is and emphasises the importance of developing a global solution based on the collective responsibility of many actors; strongly recommends this principle for all those involved in its supply chain, including: the EU and other international organisations, the Member States, financial institutions, the governments of producer countries, indigenous people and local communities, national and multinational businesses involved in producing, distributing and processing palm oil, consumer associations, and NGOs; is convinced, moreover, that all of these actors must necessarily play a part by coordinating their efforts in order to resolve the many serious problems linked to the unsustainable production and consumption of palm oil; |
19. |
Underlines the shared global responsibility in achieving sustainable palm oil production, while emphasising the important role of the food industry to source sustainably produced alternatives; |
20. |
Notes that a number of commodity producers and traders, retailers and other intermediaries in the supply chain, including European companies, have made commitments in the areas of zero-deforestation production and trade of commodities, zero-conversion of carbon-rich peatlands, respect for human rights, transparency, traceability, third party verification and responsible management practices; |
21. |
Recognises that the conservation of the rainforest and global biodiversity are of the utmost importance for the future of the earth and humanity, but stresses that preservation efforts should be combined with rural development policy instruments to prevent poverty and bolster employment for small farming communities in the areas concerned; |
22. |
Considers that efforts to halt deforestation must include local capacity-building, technological aid, the sharing of best practices between communities and support to help smallholders make the most effective use of their existing croplands without resorting to further forest conversion; stresses, in this context, the strong potential of agroecological practices to maximise ecosystem functions via mixed, high diversity planting, agroforestry and permaculture techniques, without resorting to input dependency or monocultures; |
23. |
Notes that the cultivation of palm oil can deliver positive contributions to the economic development of countries and offer viable economic opportunities for farmers, provided that it is carried out responsibly and sustainably and that strict conditions for sustainable cultivation are laid down; |
24. |
Notes the existence of various types of voluntary certification schemes, including RSPO, ISPO and MSPO, and welcomes their role in promoting the sustainable cultivation of palm oil; notes, however, that the sustainability criteria of these standards are the subject of criticism especially with regard to ecological and social integrity; emphasises that the existence of different schemes is confusing for consumers and that the ultimate objective should be the development of a single certification scheme, which would improve the visibility of sustainable palm oil for consumers; calls on the Commission to ensure that such a certification scheme will guarantee that only sustainably produced palm oil enters the EU market; |
25. |
Notes that our non-EU partners also need to be made more aware of their role in tackling sustainability and deforestation issues, including in their sourcing practices; |
Recommendations
26. |
Calls on the Commission to honour the EU’s international commitments, inter alia, those made within the framework of COP21, the UN Forum on Forests (UNFF) (12), the UN Convention on Biological Biodiversity (UNCBD) (13), the New York Declaration on Forests and the Sustainable Development Goal to halt deforestation by 2020 (14); |
27. |
Notes the potential of initiatives such as the New York Declaration on Forests (15) aimed at helping to meet private-sector goals to eliminate deforestation from production of agricultural commodities such as palm, soya, paper and beef by 2020; notes that some companies have more ambitious targets, but while 60 % of companies dealing in palm oil have committed to such initiatives, so far only 2 % are able to trace the palm oil they trade to its source (16); |
28. |
Notes the efforts and progress made by the food manufacturing sector to source CSPO; calls on all industry sectors using palm oil to step up their efforts to source CSPO; |
29. |
Calls on the Commission, and all Member States who have not yet done so, to demonstrate their commitment to working towards the establishment of an EU-wide national commitment of sourcing 100 % certified sustainable palm oil by 2020 by, inter alia, signing and implementing the Amsterdam Declaration ‘Towards Eliminating Deforestation from Agricultural Commodity Chains with European Countries’, and to working towards the establishment of an industry commitment by, inter alia, signing and implementing the Amsterdam Declaration ‘In Support of a Fully Sustainable Palm Oil Supply Chain by 2020’; |
30. |
Calls for companies that cultivate palm oil to adhere to the Bangkok Agreement on a Unified Approach to Implementing No Deforestation Commitments and to use the High Carbon Stock (HCS) approach, which helps to determine areas suitable for palm oil plantation, such as degraded lands of little carbon storage or natural value; |
31. |
Calls for the EU to maintain its commitments, to step up ongoing negotiations on the FLEGT Voluntary Partnership Agreements and to ensure that the final agreements cover conversion timber taken from the development of palm oil plantations; stresses the need to ensure that these agreements are in line with international law and commitments concerning environmental protection, human rights and sustainable development, and that they bring about adequate measures for the conservation and sustainable management of forests, including the protection of the rights of local communities and indigenous peoples; notes that a similar approach could also be taken with a view to ensuring responsible palm oil supply chains; suggests that EU policies for the palm oil sector build upon the FLEGT principles of multi-stakeholder dialogue and tackling deep-seated governance issues in producer countries, as well as supportive EU import policies; notes that these measures could lead to improved controls on the palm industry in countries of destination; |
32. |
Notes that an important element involves cooperating with producing countries by exchanging information on sustainable and economically viable developments and trading practices; supports producing countries in their efforts to develop sustainable practices that can help to improve lives and the economy of those countries; |
33. |
Calls on the Commission to encourage the exchange of best practice on transparency and cooperation between governments and companies that use palm oil and, together with the Member States, to work with third countries to develop and implement national laws and to respect customary community land rights that ensure that forests, forest peoples and their livelihoods are protected; |
34. |
Calls on the Commission to assess the necessity of putting in place mechanisms to address the conversion of forests for commercial agriculture within the FLEGT Action Plan Voluntary Partnership Agreement (VPA) framework and to empower further civil society organisations and native communities and farmer-landowners in the process; |
35. |
Calls for the EU to create, as a supplementary element of voluntary partnership agreements, follow-up legislation on such agreements with regard to palm oil along the lines of the EU Timber Regulation which includes both companies and financial institutions; notes that the EU has regulated the supply chains of timber, fish and conflict minerals, but has not yet regulated any forest risk agricultural commodity supply chains; urges the Commission and Member States to step up their efforts to implement the Timber Regulation, in order to better gauge its effectiveness and to ascertain whether it could be used as a model for a new EU legislative act designed to prevent the sale of unsustainable palm oil in the EU; |
36. |
Calls on the Commission, in cooperation with all relevant stakeholders from the public and private sectors, to launch information campaigns and to provide consumers with comprehensive information on the positive environmental, social and political consequences of sustainable palm oil production; calls on the Commission to ensure that information confirming that a product is sustainable is provided to consumers by means of an immediately recognisable sign for all products containing palm oil, and strongly recommends that this sign is included on the product or packaging, or is easily accessible through technological features; |
37. |
Calls on the Commission to work closely with other significant consumers of palm oil, such as China, India and the producing countries, so as to raise their awareness and to explore common solutions to the problem of tropical deforestation and forest degradation; |
38. |
Eagerly awaits the Commission’s studies on deforestation and palm oil, which are expected to be presented as soon as possible after their completion; |
39. |
Calls on the Commission to provide comprehensive data on the use and consumption of palm oil in Europe and its importation into the EU; |
40. |
Calls on the Commission to intensify its research so as to gather information on the impact of European consumption and investment on the deforestation process, social problems, endangered species and environmental pollution in third countries, and to appeal to trading partners outside the EU to follow suit; |
41. |
Calls on the Commission to develop technologies and present a concrete action plan, including information campaigns, in order to reduce the impact of European consumption and investment on deforestation in third countries; |
42. |
Acknowledges the positive contribution made by existing certification schemes, but observes with regret that RSPO, ISPO, MSPO, and all other recognised major certification schemes do not effectively prohibit their members from converting rainforests or peatlands into palm plantations; considers, therefore, that these major certification schemes fail to effectively limit greenhouse gas emissions during the establishment and operation of the plantations, and have consequently been unable to prevent massive forest and peat fires; calls on the Commission to ensure that independent auditing and monitoring of those certification schemes is carried out, so as to guarantee that the palm oil placed on the EU market fulfils all necessary standards and is sustainable; notes that the issue of sustainability in the palm oil sector cannot be addressed by voluntary measures and policies alone, but that palm oil companies should also be subject to binding rules and a mandatory certification scheme; |
43. |
Calls for the EU to introduce minimum sustainability criteria for palm oil and products containing palm oil that enter the EU market, making sure that palm oil in the EU:
|
44. |
Notes that strong standards for responsible palm oil production, including those developed by the Palm Oil Innovation Group (POIG) are already available, but have yet to be widely adopted by companies and certification systems, with the exception of RSPO Next; |
45. |
Notes the importance for all actors along the supply chain of being able to distinguish between sustainably and non-sustainably sourced palm oil and its residues and by-products; notes the importance of traceability of commodities and transparency throughout all stages of the supply chain; |
46. |
Calls for the EU to establish a binding regulatory framework to ensure that all agricultural commodity importers’ supply chains are traceable back to the origin of the raw material; |
47. |
Calls on the Commission to increase the traceability of palm oil imported into the EU and, until the single certification scheme is applied, to consider applying different customs duty schemes that more accurately reflect the real costs associated with the environmental burden; asks the Commission to also consider the introduction and application of non-discriminatory tariff and non-tariff barriers based on the carbon footprint of palm oil; calls for the ‘polluter pays’ principle to be fully applied in relation to deforestation; |
48. |
Calls on the Commission to clearly define sanctions for non-compliance, while maintaining trading relations with third countries; |
49. |
Calls on the Commission, in this regard, to initiate a reform of the Harmonised System (HS) Nomenclature at the World Customs Organisation (WCO) that would allow a distinction between certified sustainable and unsustainable palm oil and their derivatives; |
50. |
Calls on the Commission to include, without delay, binding commitments in the sustainable development chapters of its trade and development cooperation agreements with a view to preventing deforestation, including, in particular, an anti-deforestation guarantee in trade agreements with producing countries, and with a view to providing strong and enforceable measures to tackle unsustainable forestry practices in producing countries; |
51. |
Calls on the Commission and the Member States to focus on the development of tools that will facilitate the better integration of conservation issues into development cooperation; notes that such an approach will help to ensure that development activities do not lead to unintended environmental problems, but rather work in synergy with conservation activities; |
52. |
Observes that weak land registry regimes in producing countries constitute a major obstacle to controlling the expansion of palm oil plantations and limit smallholders’ opportunities to access the credit they require to improve the sustainability record of their plantations; notes that strengthening governance and forestry institutions at local and national level is a precondition for an effective environment policy; calls on the Commission to provide technical and financial assistance to producing countries in order to strengthen their land registry regimes and improve the environmental sustainability of palm oil plantations; points out that mapping in producer countries, including that carried out by means of satellite and geospatial technologies, is the only way to monitor oil palm concessions and to put in place targeted strategies for forestation, reforestation and the creation of ecological corridors; calls on the Commission to support producing countries to put in place fire prevention schemes; |
53. |
Supports the Indonesian Government’s recent peatland moratorium, which should prevent plantations from being expanded on afforested peatland; supports the setting up of a Peatland Restoration Agency for the purpose of restoring 2 million hectares of fire-hit peatland; |
54. |
Calls on the Commission and the Member States to endorse the need, as part of the dialogue with those countries, to impose a freeze on the area under oil palm cultivation, including by introducing a moratorium on new concessions, in order to safeguard the remaining rainforest; |
55. |
Is alarmed that land deals can breach the principle of local communities’ free, prior and informed consent as set out in ILO Convention 169; calls for the EU and its Member States to ensure that EU-based investors adhere fully to international standards on responsible and sustainable investment in agriculture, notably the UN Food and Agriculture Organisation (FAO)-OECD Guidance for Responsible Agricultural Supply Chains, the FAO voluntary guidelines on land tenure, the UN’s Guiding Principles on Business and Human Rights and the OECD’s Guidelines for Multinational Enterprises; underlines the need to take steps to ensure access to remedy for victims of corporate abuses; |
56. |
Calls therefore on the relevant authorities in source countries to respect human rights, including the land rights of forest dwellers, and to strengthen environmental, social and health commitments, taking into account the FAO voluntary guidelines on land tenure (17); |
57. |
Urges that the EU support micro-, small- and family-based local rural enterprises and promote national and local legal registration of property or possession of land; |
58. |
Highlights the low deforestation rates of indigenous lands with secured customary systems of tenure and resource management, which have a high potential in terms of the cost-effective reduction of emissions and securing global ecosystem services; calls for the utilisation of international climate and development funds to secure indigenous and community lands and to support indigenous peoples and communities who invest in protecting their lands; |
59. |
Recalls that poor rural women are especially dependent on forest resources for their subsistence; stresses the necessity to mainstream gender in national forest policies and institutions, so as to promote e.g. the equal access of women to ownership of land and other resources; |
60. |
Reminds the Commission of its Communication entitled ‘Addressing the challenges of deforestation and forest degradation to tackle climate change and biodiversity loss’ (COM(2008)0645), which emphasises a holistic approach to tropical deforestation that takes into account all deforestation drivers, including palm oil production; reminds the Commission of its objective in the COP21 negotiations to halt global forest cover loss by 2030 at the latest and to reduce gross tropical deforestation by at least 50 % by 2020 compared to current levels; |
61. |
Calls on the Commission to press ahead with developing an EU action plan on deforestation and forest degradation which would include concrete regulatory measures to ensure that no supply chains and financial transactions linked to the EU result in deforestation and forest degradation, in line with the 7th EAP, as well as an EU action plan on palm oil; calls on the Commission to adopt a single unified definition of ‘deforestation-free’; |
62. |
Urges the Member States and the Commission to establish a definition of forest that includes biological, social and cultural diversity, so as to prevent land grabbing and the destruction of tropical forests resulting from vast palm oil monoculture, as this would jeopardise EU climate change commitments; stresses the need to give priority to native species, thereby protecting ecosystems, habitats and local communities; |
63. |
Calls on the Commission to put forward an EU action plan on responsible business conduct. |
64. |
Insists that development financial institutions should ensure that their social and environmental safeguard policies are binding and fully aligned with international human rights law; calls for increased transparency in the funding of private financial institutions and public financial bodies; |
65. |
Calls on the Member States to introduce obligatory requirements favouring sustainable palm oil in all national public procurement procedures; |
66. |
Notes with concern that commercial agriculture remains a significant driver of global deforestation and that around half of all tropical deforestation since 2000 has been due to the illegal conversion of forests to commercial agriculture, which may also entail a conflict risk; calls for improved coordination of forest, commercial agriculture, land use and rural development policies with a view to achieving the SDGs and the climate change commitments; stresses the need for policy coherence for development (PCD) also in this field, including on EU renewable energy policy; |
67. |
Draws attention to the problems associated with land concentration processes and land use changes that arise when monocultures, such as palm oil plantations, are created; |
68. |
Calls on the Commission to support further research into the effects of land use change, including deforestation and bioenergy production, on GHG emissions; |
69. |
Calls on the Commission to set an example for other countries by establishing accounting rules for greenhouse gas emissions from managed wetlands and for land-use changes of wetlands in EU legislation; |
70. |
Notes the effects of large oil palm monocultures, which increase pest presence, water pollution from agrochemicals and soil erosion, and impact the carbon sinking and ecology of the whole region, hampering the migration of animal species; |
71. |
Notes that the latest research proves that agroforestry polycropping applied to palm oil plantations can offer combined benefits in terms of biodiversity, productivity and positive social outcomes; |
72. |
Calls on the Commission to ensure the coherence of and to boost synergies between the Common Agricultural Policy (CAP) and other EU policies, and to ensure that they are conducted in a manner consistent with programmes aimed at combating deforestation in developing countries, such as REDD; calls on the Commission to ensure that the CAP reform does not lead, directly or indirectly, to further deforestation and that it supports the goal of putting an end to global deforestation; calls on the Commission and the Member States to ensure that the environmental problems relating to deforestation caused by palm oil are also addressed in the light of the objectives set by the EU Biodiversity Strategy to 2020, which should be an integral part of the Union’s external action in this area; |
73. |
Calls on the Commission to provide support to organisations focusing mainly on the in situ — but also ex situ — conservation of all animal species affected by habitat loss due to palm oil-related deforestation; |
74. |
Calls for more research at EU level into sustainable animal feed in order for alternatives to oil palm products to be developed for European agriculture; |
75. |
Notes that 70 % of biofuel consumed in the EU is grown/produced in the EU and, of the biofuel imported into the EU, 23 % is palm oil, mainly from Indonesia, and another 6 % is soya (18); |
76. |
Notes the indirect effects of EU biofuel demand associated with tropical forest destruction; |
77. |
Notes that once Indirect Land Use Change (ILUC) is taken into account, crop-derived biofuels can in some cases even result in a net increase in greenhouse gas emissions, e.g. the burning of habitats with high carbon stocks like tropical forests and peatland; is concerned that the impact of ILUC is not covered by the Commission’s assessment of voluntary schemes; |
78. |
Calls for the EU institutions to include, as part of the reform of the Renewable Energy Directive (RED), specific verification procedures regarding land tenure conflicts, forced/child labour, poor working conditions for farmers and dangers to health and safety in its voluntary scheme; calls, likewise, on the EU to take into account the impact of ILUC and to include social responsibility requirements in the reform of the RED; |
79. |
Calls for the inclusion in EU biofuels policy of effective sustainability criteria that protect land of high biodiversity value, high carbon stocks and peatland, and that include social criteria; |
80. |
Acknowledges the latest report (19) of the European Court of Auditors analysing the current certification schemes for biofuels, which found that these schemes are missing important aspects of sustainability such as not taking into account the indirect effects of demand, lack verification and cannot guarantee that certified biofuels are not causing deforestation and related negative socioeconomic effects; is aware of concerns about transparency in the evaluation of the certification schemes; calls on the Commission to improve the transparency of the sustainability schemes, including by drawing up an appropriate list of the aspects that should be scrutinised, such as yearly reports and the possibility of requesting audits, to be performed by independent third parties; calls for the Commission to have enhanced powers for the verification and monitoring of schemes, reports and activities; |
81. |
Calls for the relevant recommendations of the Court to be implemented, as agreed by the Commission; |
82. |
Notes with concern that 46 % of total palm oil imported by the EU is used for the production of biofuels and that this requires the use of about one million hectares of tropical soils; calls on the Commission to take measures to phase out the use of vegetable oils that drive deforestation, including palm oil, as a component of biofuels, preferably by 2020; |
83. |
Notes that simply banning or phasing out the use of palm oil may give rise to replacement tropical vegetable oils being used for biofuel production, which would, in all probability, be grown in the same ecologically sensitive regions as palm oil and which may have a much higher impact on biodiversity, land use and greenhouse gas emissions than palm oil itself; recommends finding and promoting more sustainable alternatives for biofuel use, such as European oils produced from domestically cultivated rape and sunflower seeds; |
84. |
Calls on the Commission and Member States to simultaneously support further development of second and third generation biofuels to reduce the risk of indirect land use change within the Union and to stimulate the transition towards advanced biofuels therein, in accordance with Directive (EU) 2015/1513 and in line with the circular economy, resource efficiency and low-emission mobility ambitions of the Union; |
o
o o
85. |
Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States. |
(1) http://ec.europa.eu/environment/forests/pdf/1.%20Report%20analysis%20of%20impact.pdf
(2) Commission Communication entitled ‘Our life insurance, our natural capital: an EU biodiversity strategy to 2020’ (COM(2011)0244)
(3) Texts adopted, P8_TA(2016)0034.
(4) Source: Forest Trends: Consumer Goods and Deforestation: An Analysis of the Extent and Nature of Illegality in Forest Conversion for Agriculture and Timber Plantations (http://www.forest-trends.org/documents/files/doc_4718.pdf).
(5) Source: World Resources Institute (http://www.wri.org/blog/2015/10/indonesia%E2%80%99s-fire-outbreaks-producing-more-daily-emissions-entire-us-economy).
(6) http://www.fao.org/docrep/016/ap106e/ap106e.pdf (FAO, World Agriculture Towards 2030/2050 — The 2012 Revision).
(7) http://wwf.panda.org/what_we_do/footprint/agriculture/palm_oil/ (WWF).
(8) Source: Globiom report (https://ec.europa.eu/energy/sites/ener/files/documents/Final%20Report_GLOBIOM_publication.pdf).
(9) For example: Amnesty International — The Great Palm Oil Scandal (https://www.amnesty.org/en/documents/asa21/5243/2016/en/) and Rainforest Action Network — The Human Cost of Conflict Palm Oil (https://d3n8a8pro7vhmx.cloudfront.net/rainforestactionnetwork/pages/15889/attachments/original/1467043668/The_Human_Cost_of_Conflict_Palm_Oil_RAN.pdf?1467043668).
(10) The impact of EU consumption on deforestation: Comprehensive analysis of the impact of EU consumption on deforestation, 2013, European Commission (http://ec.europa.eu/environment/forests/pdf/1.%20Report%20analysis%20of%20impact.pdf) (p. 56).
(11) Source: FERN: Stolen Goods: The EU’s complicity in illegal tropical deforestation (http://www.fern.org/sites/fern.org/files/Stolen%20Goods_EN_0.pdf).
(12) UN Forum on Forest conclusions.
(13) UN Convention on Biodiversity, Aichi targets: https://www.cbd.int/sp/targets/
(14) Sustainable Development Goals, Art. 15.2, Target of halting deforestation https://sustainabledevelopment.un.org/sdg15
(15) UN Climate summit, 2014
(16) http://forestdeclaration.org/wp-content/uploads/2015/09/2016-NYDF-Goal-2-Assessment-Report.pdf
(17) UN FAO’s Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security, Rome 2012, http://www.fao.org/docrep/016/i2801e/i2801e.pdf
(18) Eurostat — Supply, transformation and consumption of renewable energies; annual data (nrg_107a), Globiom study ‘The land use change impact of biofuels consumed in the EU’, 2015, and http://www.fediol.be/
(19) Source: European Court of Auditors: Certifying biofuels: weaknesses in recognition and supervision of the system (http://www.eca.europa.eu/en/Pages/NewsItem.aspx?nid=7171).
23.8.2018 |
EN |
Official Journal of the European Union |
C 298/14 |
P8_TA(2017)0099
Women and their roles in rural areas
European Parliament resolution of 4 April 2017 on women and their roles in rural areas (2016/2204(INI))
(2018/C 298/02)
The European Parliament,
— |
having regard to Articles 2 and 3 of the Treaty on European Union (TEU) and Article 157 of the Treaty on the Functioning of the European Union (TFEU), |
— |
having regard to Protocol No 1 on the role of National Parliaments in the European Union, |
— |
having regard to Protocol No 2 on the application of the principles of subsidiarity and proportionality, |
— |
having regard to Articles 21 and 23 of the Charter of Fundamental Rights of the European Union, |
— |
having regard to the Beijing Platform for Action, |
— |
having regard to the UN Convention on the Elimination of All Forms of Discrimination against Women, adopted in 1979, |
— |
having regard to Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security (1), |
— |
having regard to Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (2), |
— |
having regard to Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC (3), |
— |
having regard to Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 (4), |
— |
having regard to Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005 (5), |
— |
having regard to Article 7 of Regulation (EU) No 1305/2013 on the European Agricultural Fund for Rural Development, |
— |
having regard to its resolution of 12 March 2008 on the situation of women in rural areas of the EU (6), |
— |
having regard to its resolution of 5 April 2011 on the role of women in agriculture and rural areas (7), |
— |
having regard to its resolution of 8 July 2015 on the Green Employment Initiative: Tapping into the job creation potential of the green economy (8), |
— |
having regard to its resolution of 8 September 2015 on family businesses in Europe (9), |
— |
having regard to the recommendations issued on 17 October 2016 by the UN Committee on World Food Security on livestock production and world food security, in particular those relating to gender equality and women’s empowerment, |
— |
having regard to its resolution of 27 October 2016 on how the CAP can improve job creation in rural areas (10), |
— |
having regard to Rule 52 of its Rules of Procedure, |
— |
having regard to the joint deliberations of the Committee on Agriculture and Rural Development and the Committee on Women’s Rights and Gender Equality under Rule 55 of the Rules of Procedure, |
— |
having regard to the report of the Committee on Agriculture and Rural Development and the Committee on Women’s Rights and Gender Equality (A8-0058/2017), |
Multifunctionality of women’s roles in rural areas
A. |
whereas social and economic circumstances and living conditions have changed substantially in recent decades and differ quite considerably between the Member States as well as within them; |
B. |
whereas women make significant contributions to the rural economy, and whereas the diversification measures and the concept of multifunctionality, as an essential basis for sustainable development strategies, though not yet fully exploited in all areas, have opened up new opportunities for women, with the help of innovation and the creation of new concepts which make it possible to inject fresh dynamism into farming; |
C. |
whereas women are very often the promoters of the development of additional activities on or outside the farm beyond the scope of agricultural production, making it possible to impart real added value to activities in rural areas; |
D. |
whereas women living in rural areas are not a homogeneous group, given that their situation, occupations, contributions to society and ultimately their needs and interests vary significantly among and within Member States; |
E. |
whereas women are actively involved in agricultural activities, entrepreneurship and tourism, and play an important role in preserving cultural traditions in rural areas, which can contribute to the building and/or strengthening of regional identity; |
F. |
whereas equality between women and men is a core principle of the European Union and its Member States, and its promotion one of its principal objectives; whereas gender equality is a basic value of the EU recognised in the Treaties and in the Charter of Fundamental Rights, and the EU has assumed the specific task of integrating it in all its activities; whereas gender mainstreaming is an important tool in the integration of this principle into EU policies, measures and actions with a view to promoting equality between women and men, and combating discrimination in order to increase active involvement of women in the labour market, and economic and social activities; whereas this tool is also applicable to the EU Structural and Investment Funds, including the EAFRD; |
G. |
whereas family farming is the most common operational farming model in the EU-28 with 76,5 % of the work being carried out by the holder or members of his or her family (11) and should thus be supported and protected; whereas family farming promotes intergenerational solidarity and social and environmental responsibility, thus contributing to the sustainable development of rural areas; |
H. |
whereas, in a context of growing urbanisation, it is essential to maintain an active, dynamic and prosperous population in rural areas, with particular attention to areas with natural constraints, as the conservation of the environment and the landscape depend on it; |
I. |
whereas the ageing of the population together with the decline in farming activity and economic decline in the EU’s rural areas represent some of the main causes of depopulation and women’s abandonment of rural areas, which has an adverse impact not only on the labour market but also on the social infrastructure; whereas this situation can only be halted if the European institutions and governments take all possible steps to ensure greater recognition of their work and rights and provide rural areas with the necessary services that make work-life balance possible; |
J. |
whereas rural tourism, which includes the supply of goods and services in the countryside through family and cooperative enterprises, is a low-risk sector, generates employment, makes it possible to combine personal and family life with work and encourages the rural population, especially women, to remain in the countryside; |
K. |
whereas the economic crisis has affected the European Union and has had a severe impact on many rural areas and regions; whereas the consequences of the crisis are still visible and young people from rural areas are facing serious levels of unemployment, poverty and depopulation that affect women in particular; whereas women directly experience the impact of the crisis in the management of their farms and homes; |
L. |
whereas such a situation poses a serious challenge for the Common Agricultural Policy (CAP), which should ensure the development of rural areas while enhancing their potential; |
M. |
whereas it is necessary to maintain a sustainable and vibrant farming sector as the fundamental economic, environmental and social basis of rural areas, which contributes to rural development, sustainable food production, biodiversity and the creation of jobs; |
N. |
whereas the status of smallholder and family farms as primary food producers must be improved and their farming and livestock activities maintained by promoting innovation and adequate financial resources and measures at EU level; whereas 2,4 million farms in the EU disappeared between 2005 and 2010, most of which were small or family farms, increasing unemployment in rural areas; |
O. |
whereas the promotion of diversification measures and the development of short supply chains, as well as promotion of producer organisations (POs), can contribute to the sector’s resilience, which faces the challenges of unfair trading practices and increasingly volatile markets; |
P. |
whereas it is important to support and promote the participation of women in the agri-food value chain, since their role is mainly concentrated in production and processing; |
Q. |
whereas access to lifelong learning, the opportunity to validate skills acquired in non-formal settings, and the opportunity to re-train and to acquire skills that can be used in a dynamically developing labour market are crucial prerequisites for increasing women’s employment in rural areas; |
R. |
whereas cooperatives, mutuals, social enterprises and other alternative business models have enormous potential to stimulate sustainable and inclusive economic growth and economically empower women in rural areas and in the agricultural sector; |
S. |
whereas the inclusion of women and girls in education and lifelong learning, particularly in areas of science, technology, engineering, and maths (STEM), as well as in entrepreneurship is necessary for achieving gender equality in the agricultural and food production sectors, as well as in tourism and other industries in rural areas; |
Challenges for women in rural areas
T. |
whereas women represent slightly less than 50 % of the total working-age population in the rural areas of the EU, but only about 45 % of the total economically active population; whereas many are never registered as unemployed or included in unemployment statistics and no clear figures exist on women’s involvement in farming as owners or employees; |
U. |
whereas in the predominantly rural areas of the EU, only 61 % of women aged 20 to 64 were employed in 2009 (12); whereas, in many Member States, women in rural areas have limited access to employment and their chances of working in farming are relatively poor, yet they still play an important role in rural development and in the social fabric of rural areas, through providing income for households or improving living conditions; |
V. |
whereas in 2014 women were responsible for about 35 % of total working time in agriculture, carrying out 53,8 % of part-time work and 30,8 % of full-time work, thereby making a significant contribution to agricultural production; whereas work carried out by spouses and other female family members on farms is often indispensable and constitutes nothing short of ‘invisible work’ due to a lack of professional status allowing for its recognition and for the women concerned to register with the social security services, which would prevent the possible loss of entitlements such as sick leave and maternity leave, and ensure their financial independence; |
W. |
whereas in some Member States, such as France, different legal statuses exist for wives who work regularly on the farm (coworker, employee or farm manager), which makes it possible for proper social protection to be extended to them to insure them against adverse eventualities in their personal life and their work; |
X. |
whereas on average only 30 % of farm holdings in the EU are managed by women; whereas there is a significant number of female workers in agriculture, and most women are classified as the holder’s spouse, corresponding to 80,1 % of all spouses in 2007 (13); |
Y. |
whereas the farm owner is the person mentioned on bank documents and for the purposes of subsidies and accumulated rights, and the person who represents the farm within associations and groups; whereas not being the owner of the farm means not having any rights related to this ownership status (rights to single payments, suckler cow premiums, vine planting rights, income, etc.) and this places women farmers in a vulnerable and disadvantaged situation; |
Z. |
whereas, to be able to benefit from positive aid schemes in favour of working women in agriculture, they should be recognised as owners or co-owners; whereas women’s farm ownership or co-ownership should be promoted by the European Union, which would have positive effects on their situation in the labour market, social entitlements and economic independence, thus ensuring their greater visibility (and recognition of their contribution to the economy and incomes) in rural areas and increased access to land; |
AA. |
whereas women in rural areas need to be made more visible in European, national and regional statistics in order to reflect their situation and the role they play; |
AB. |
whereas increased access for young people and women to land would improve generational renewal in farming and foster economic growth and social well-being; |
AC. |
whereas the provision of quality and affordable public and private services, including care for children, elderly and other dependants, including persons with disabilities, is important for all inhabitants of rural areas; whereas such services are particularly important for facilitating a work-life balance, especially for women, given that they have been involved to a greater extent in looking after young, dependent and elderly members of the family; |
AD. |
whereas women have a multifunctional role in rural areas and, therefore, such services would enable them to work and further develop their careers while ensuring a fair distribution of family and care responsibilities; |
AE. |
whereas the basis for improving the quality of life in rural areas is the availability of infrastructure such as transport links, access to high-speed broadband Internet, including mobile data services and energy provision, as well as quality social, health and educational services; |
AF. |
whereas rural broadband coverage continues to lag behind national coverage across the EU-28; whereas, in 2015, 98,4 % of rural households were covered by at least one broadband technology, but only 27,8 % had access to next-generation services; whereas digital infrastructure, which is not fully developed in all rural areas of the EU, can be of great help in accessing information and educational opportunities, information-sharing and the exchange of good practices between women in rural areas, and can represent a key element in the support needed to maintain the female population of those areas; |
AG. |
whereas education is a fundamental tool for fostering the value of equality, which should be promoted across the board, not only in schools, but also in vocational training, and especially in training focusing on the primary sector; |
AH. |
whereas improving general conditions in rural areas will result in achieving an improved status for women in those areas; |
AI. |
whereas the significant contribution that women make to local and rural development is not sufficiently reflected in their participation in the corresponding decision-making processes, given that women in rural areas are often under-represented in decision-making bodies such as agricultural cooperatives, trade unions and municipal governments; whereas increasing women’s representation in such bodies is highly important; |
AJ. |
whereas women in rural areas also suffer from gender pay and pension gaps, which are widening in some Member States; whereas establishing up-to-date statistics on the employment situation of women in rural areas, as well as their working and living conditions, therefore deserves greater attention; |
AK. |
whereas thematic sub-programmes on ‘Women in rural areas’ have not been created so far and women’s participation in the use of the instruments available under rural development programmes until 2014 was regrettably low; whereas out of 6,1 million participants in training measures, only 28 % were women; whereas only 19 % of the beneficiaries of physical investment in farm holdings for modernisation and 33 % of the beneficiaries of diversification measures were women; whereas with regard to jobs created as a result of axis 3 measures (diversification of the economy in rural areas), only 38 % of the beneficiaries were women; |
1. |
Emphasises the active role of women in rural areas and recognises women’s contribution to the economy in such areas as entrepreneurs, heads of the family business and promoters of sustainable development; takes the view that, from a social, economic and environmental perspective, female entrepreneurship is a major sustainable-development pillar for rural areas and should therefore be promoted, encouraged and supported within rural development strategies, and, in particular, through education and vocational training, promotion of female ownership, entrepreneurs’ networks and access to investment and credit, promotion of their representation in managerial bodies, and through creating the opportunities necessary to support young, self-employed, part-time and often low-paid women; |
2. |
Calls on the Commission, together with the Member States, to support successful reconciliation of work-life balance, the stimulation of new job opportunities and better quality of life in rural areas, as well as encouraging women to put their own projects into practice; |
3. |
Welcomes the support for women in rural areas in the form of initiatives focusing on community appreciation or networking; stresses, in particular, women’s fundamental role as members of smallholdings or family farms, which constitute the main socioeconomic cell of rural areas that cares for food production, preservation of traditional knowledge and skills, regional identities and protection of the environment; takes the view that women farmers have a significant role to play in ensuring the continued existence of smallholdings and family farms with prospects for the future; |
4. |
Takes the view that, given the different roles, occupations and situations of women in rural areas, improving employment prospects requires tailored assistance and support for their needs and interests; |
5. |
Calls on the Commission and the Member States to support, encourage, facilitate and promote access to the labour market for women in rural areas as a priority in its future rural development policies, and to formulate targets related to lasting paid employment in this context; calls also on the Member States to include in their rural development programmes strategies focusing specifically on women’s contribution to achieving the objectives of the Europe 2020 Strategy; |
6. |
Notes that women’s participation in the labour market in rural areas includes a wide spectrum of jobs that goes beyond conventional agriculture, and stresses in this regard that women in rural areas can be agents of change in moving towards sustainable and ecologically sound agriculture and can play an important role in the creation of green jobs; |
7. |
Calls on the Member States to make more targeted use and raise awareness of the European Progress Microfinance Facility, to use EAFRD-specific measures in favour of women’s employment, to promote and enhance various types of working arrangements for women, taking into consideration the specific conditions in rural areas, to provide various types of incentives to support sustainability and the development of start-ups and SMEs, and to introduce initiatives in order to create new and maintain existing agricultural jobs and make them more attractive to young women; |
8. |
Encourages the Member States to monitor the situation of women in rural areas on a regular basis and to make the greatest possible use of the specific instruments and existing measures under the CAP in order to increase the participation of women as beneficiaries, thereby improving their situation; |
9. |
Recommends that the Commission keep and improve thematic sub-programmes on ‘Women in rural areas’ when reforming the CAP in the future, basing these programmes, inter alia, on the marketing, direct sale and promotion of products at local or regional level, as they can play a role in creating job opportunities for women in rural areas; |
10. |
Points out that equality between women and men is a core objective of the EU and its Member States; calls on the Commission and Council to ensure that gender equality is incorporated in all EU programmes, actions and initiatives, and therefore calls for the application of gender mainstreaming within the CAP and the rural cohesion policies; proposes new targeted actions aimed at encouraging the participation in the labour market of women in rural areas via the EAFRD; |
11. |
Hopes that a better understanding of the situation of women in rural areas will allow development of a European Charter for Women Farmers in the medium term, defining this concept, identifying direct and indirect forms of discrimination against women in rural areas and positive discrimination measures to eliminate them; |
12. |
Calls on the Member States, in the light of the conditionalities as regards equality between women and men, as an obligation and a core objective of the EU and its Member States, and of non-discrimination, to create greater synergies while using the instruments available under the EAFRD, Leader+, Horizon 2020 and the European Social Fund for creating better living and working conditions in rural areas, to pursue specific tailored policies aimed at the social and economic inclusion and empowerment of women and girls, especially for vulnerable and marginalised groups, and to raise awareness of all possibilities offered to them in rural areas under existing legislation; |
13. |
Emphasises the importance of devising specific measures to promote training and employment and safeguard the rights of the most vulnerable groups of women with specific needs, such as women with disabilities, migrant women, including seasonal migrants, refugees and minorities, victims of gender-based violence, women with little or no training and single mothers, etc.; |
14. |
Stresses the crucial role that women generally play with regard to book-keeping work on family farms, and, in this context, draws attention to the lack of support in the form of advice when a farm is struggling financially; |
15. |
Encourages the Member States to ensure that women’s participation in the management of farms is fully recognised, while promoting and facilitating their access to farm ownership or co-ownership; |
16. |
Urges the Member States to promote information and technical assistance measures and an exchange of good practices between Member States concerning the establishment of a professional status for assisting spouses in farming, enabling them to enjoy individual rights, including, in particular, maternity leave, social insurance against accidents at work, access to training and retirement pension rights; |
17. |
Calls on the European institutions to facilitate CAP provisions for a balanced distribution of aid, ensuring support for small farms; |
18. |
Stresses the importance of supporting the participation of women in decision-making in rural areas by means of training activities designed to encourage their presence in areas and sectors in which they are under-represented, and by awareness-raising campaigns on the importance of the active involvement of women in cooperatives, both as partners and in management positions; |
19. |
Encourages the Member States to promote equality between women and men in the various management and representation bodies to foster equal participation and power and increased representation of women in rural development working groups and monitoring committees and in all types of agricultural organisations, associations and public institutions, so that the decision-making process reflects the viewpoints of both women and men, and to encourage their participation in local action groups and the development of local partnerships under the Leader programme; |
20. |
Calls for support from women’s and farmers’ organisations, which have an important role to play in encouraging and instigating new development and diversification programmes; |
21. |
Calls on the Member States to fully implement the existing legislative acts on equal treatment of women and men, including in social security and maternity and parental leave matters; encourages them to improve the legislation on equality between women and men in the labour market, and to ensure social security coverage for both men and women working in rural areas; |
22. |
Calls on the Commission to monitor the transposition of existing legislative acts in order to address the challenges and discrimination faced by women living and working in rural areas; |
23. |
Highlights the need for effective measures to be taken at European and national levels to reduce the existing gender pay and pensions gaps; encourages the Commission, together with the Member States and respective regional authorities, to consider the multidimensional nature of the gender pension gap while designing specific policy measures within the EU strategy for rural development, as various factors, including gaps in employment and pay, interrupted careers, part-time work, informal work of assisting spouses, the design of pension systems and lower contributions, may lead to a wider gap in pensions; |
24. |
Further encourages the Member States to guarantee decent pension provision, including a national minimum pension intended, in particular, to help women in rural areas to maintain their economic independence once they reach retirement age; |
25. |
Emphasises that EU policies on living conditions for women in rural areas must also take into account the living and working conditions of women hired as seasonal agricultural workers, especially as regards the need for them to be afforded social protection, health insurance and healthcare; stresses the need for the maximum value to be assigned to the work done by these women; |
26. |
Urges the Member States to strengthen the role of the social partners and social welfare organisations, working alongside the authorities, in monitoring compliance with employment legislation, measures to prevent undeclared work, and adherence to welfare and safety standards, thereby facilitating the social and economic integration of female workers as a whole, including migrant, seasonal and refugee workers; |
27. |
Calls on the Commission and the national authorities to develop information databases and networks at Member State level in order to register and raise awareness of the economic and social situation of women in rural areas and their contribution to society; |
28. |
Calls, therefore, on the Commission and the Member States to review their statistical plans to include mechanisms measuring the overall contribution of women to rural income and the rural economy, disaggregating, where possible, indicators by gender, and to optimise the use of available data on the economic and social situation of women in rural areas and their involvement in the activities being carried out, in order to better tailor policy measures; |
29. |
Calls for improved regular CAP monitoring, data collection and evaluation indicators to identify women’s roles in agriculture and their engagement in ‘invisible’ work; |
30. |
Stresses the need to pay more attention to establishing up-to-date statistics on female land ownership; |
31. |
Calls on the Commission, together with the Member States and local and regional authorities, to provide not only adequate informational material on support possibilities specifically aimed at women farmers and women in rural areas, but also full access to education and vocational training in agriculture and all related sectors, including postgraduate training and specialist courses for entrepreneurs and agricultural producers, providing women with business development skills, knowledge and access to funding and micro-financing with a view to starting up and consolidating business activities, as well as enabling them to participate in a wide range of rural production activities and to boost their competitiveness in farming and rural areas, also within rural tourism connected to branches of commercial farming; |
32. |
Calls for the provision of wide-ranging professional and business diversification advice and for action to be taken to enhance women’s economic empowerment, to promote cooperatives, mutuals, social enterprises and alternative business models and to improve their entrepreneurial mindset and skills; |
33. |
Recalls, in this context, that the Commission’s New Skills Agenda represents an opportunity for Member States to better identify and certify skills acquired outside of formal education and vocational training in order to combat social exclusion and the risk of poverty; |
34. |
Calls for the involvement of women with higher-level qualifications in agriculture, livestock-raising and forestry to be encouraged, and facilitated in so doing by training programmes to develop activities linked to the provision of advisory services to farms and innovation; |
35. |
Recommends the progressive inclusion of equality modules in specialist agricultural training programmes, and in the development of teaching materials, the promotion of public campaigns for equality in rural areas and a focus being placed on the importance of equality at rural schools; |
36. |
Emphasises the importance of advising and supporting women to enable them to carry out farming activities and perform other innovative functions in rural areas; |
37. |
Stresses the importance of promoting and supporting rural women’s organisations, including encouraging the activity of networks, hubs, databanks and associations as a key social, economic and cultural development, as they establish networks and channels for information, training and job creation, seek to step up the exchange of experience and best practices at all levels and promote greater awareness of the social and economic situation of women in rural areas; encourages business ventures, associations, cooperatives and organisations representing women; |
38. |
Calls on regional actors, drawing on funding from the second pillar, to implement awareness-raising programmes aimed at emphasising gender neutrality in all occupations and overcoming the persistent highly traditional distribution of roles in farming; |
39. |
Calls on the Member States to facilitate equitable access to land, ensure ownership and inheritance rights and facilitate access to credit for women, in order to encourage them to set up in rural areas and play their part in the agricultural sector; encourages, further, the Member States to address the issue of land grabbing and land concentration at EU level; |
40. |
Welcomes the new models of agricultural credit which have become possible in the context of close cooperation between the Commission and the European Investment Bank, and recommends that the Member States apply them as widely as possible; |
41. |
Calls on the Member States and regional and local governments to provide affordable, high-quality facilities and public and private services for everyday life in rural areas, particularly with regard to health, education and care; notes that this would require the inclusion of rural childcare infrastructures, healthcare services, educational facilities, care homes for elderly and dependent people, sickness and maternity replacement services and cultural services; |
42. |
Stresses the importance of providing new opportunities for paid employment, especially for women, in order to preserve rural communities, while creating the conditions to facilitate a satisfactory work-life balance; |
43. |
Urges the Member States and regional authorities to make use of the Structural Funds and the Cohesion Fund to expand and upgrade transport infrastructure and to provide a secure energy supply and reliable high-speed broadband infrastructure and services in rural areas; stresses the importance of digital development in rural areas and the development of a holistic approach (the ‘digital village’); |
44. |
Calls on the Commission to recognise the importance of extending its Digital Agenda to rural areas, as digital development can significantly contribute to creating new jobs, facilitating entry into self-employment, boosting competitiveness and tourism development and creating a better work-life balance; |
45. |
Encourages local and national authorities and other institutions to guarantee the fundamental human rights of migrant and seasonal workers and their families, especially of women and particularly vulnerable people, and to foster their integration in the local community; |
46. |
Draws attention to the disparities in access to childcare between urban and rural areas, as well as to the regional disparities in the implementation of the Barcelona objectives concerning childcare facilities; |
47. |
Condemns all forms of violence against women and notes that assistance to victims plays a crucial role; calls, therefore, on the Member States and regional and local governments to send a strong message of zero tolerance for violence against women, and to implement policies and offer services tailored to the conditions existing in rural areas in order to prevent and combat violence against women, therefore ensuring that victims have access to assistance; |
48. |
Calls, therefore, on the Member States and regional and local governments to ensure that victims of violence against women living in rural and remote areas are not deprived of equal access to assistance, and reiterates its call for the EU and its Member States to ratify the Istanbul Convention as soon as possible; |
49. |
Reiterates its call on the Commission to submit a proposal for an EU directive on violence against women; |
50. |
Emphasises that rural areas within the Member States have a crucial economic and food security role to play in our modern society, in which more than 12 million farmers provide a sufficient amount of healthy and safe food for half a billion consumers throughout the European Union; stresses that keeping these communities vibrant by encouraging women and families to stay in them is of the utmost importance; |
51. |
Calls, in this regard, on the Commission and the Member States to guarantee a strong and adequately funded CAP which serves European farmers and consumers, promotes rural development, mitigates the effects of climate change and protects and enhances the natural environment, while guaranteeing a high-quality and safe food supply and creating more jobs; |
52. |
Notes that rural areas often include natural and cultural heritage, which must be protected and developed, in conjunction with sustainable tourism and environmental education; |
53. |
Stresses the importance of multifunctionality as a concept, involving other economic, social, cultural and environmental activities in rural areas accompanying agricultural production which generate employment for women in particular; encourages the Member States, therefore, to promote measures to diversify activities, such as direct sales of products, social services, care services and agritourism; considers, in view of the growing interest in this type of tourism, that a network of businesses in this sector should be formed and best practices shared; |
54. |
Instructs its President to forward this resolution to the Council and the Commission. |
(2) OJ L 204, 26.7.2006, p. 23.
(3) OJ L 180, 15.7.2010, p. 1.
(4) OJ L 347, 20.12.2013, p. 320.
(5) OJ L 347, 20.12.2013, p. 487.
(6) OJ C 66 E, 20.3.2009, p. 23.
(7) OJ C 296 E, 2.10.2012, p. 13.
(8) Texts adopted, P8_TA(2015)0264.
(9) Texts adopted, P8_TA(2015)0290.
(10) Texts adopted, P8_TA(2016)0427.
(11) According to Eurostat’s Farm Structure Survey.
(12) European Commission (2011), ‘Agriculture and Rural Development. EU Agricultural Economic Briefs. Rural Areas and the Europe 2020 Strategy — Employment’, Brief No 5 — November 2011.
(13) European Commission (2012), ‘Agricultural Economic Briefs. Women in EU agriculture and rural areas: hard work, low profile’, Brief No 7 — June 2012.
Wednesday 5 April 2017
23.8.2018 |
EN |
Official Journal of the European Union |
C 298/24 |
P8_TA(2017)0102
Negotiations with the United Kingdom following its notification that it intends to withdraw from the European Union
European Parliament resolution of 5 April 2017 on negotiations with the United Kingdom following its notification that it intends to withdraw from the European Union (2017/2593(RSP))
(2018/C 298/03)
The European Parliament,
— |
having regard to Article 50 of the Treaty on European Union, |
— |
having regard to Articles 3(5), 4(3) and 8 of the Treaty on European Union, |
— |
having regard to Articles 217 and 218 of the Treaty on the Functioning of the European Union, |
— |
having regard to the notification given by the Prime Minister of the United Kingdom to the European Council on 29 March 2017 in accordance with Article 50(2) of the Treaty on European Union, |
— |
having regard to its resolution of 28 June 2016 on the decision to leave the EU resulting from the UK referendum (1), |
— |
having regard to its resolutions of 16 February 2017 on possible evolutions of and adjustments to the current institutional set-up of the European Union (2), on improving the functioning of the European Union building on the potential of the Lisbon Treaty (3), and on budgetary capacity for the euro area (4), |
— |
having regard to Rule 123(2) and (4) of its Rules of Procedure, |
A. |
whereas the notification by the United Kingdom Government to the European Council begins the process by which the United Kingdom will cease to be a Member State of the European Union and the Treaties will no longer apply to it; |
B. |
whereas this will be an unprecedented and regrettable event as a Member State has never withdrawn from the European Union before; whereas that withdrawal must be arranged in an orderly fashion so as not to negatively affect the European Union, its citizens and the process of European integration; |
C. |
whereas the European Parliament represents all citizens of the European Union and will act throughout the whole process leading to the withdrawal of the United Kingdom to protect their interests; |
D. |
whereas although it is the sovereign right of a Member State to withdraw from the European Union, it is the duty of all remaining Member States to act in unity in the defence of the European Union’s interests and its integrity; whereas, therefore, the negotiations will be conducted between the United Kingdom, on the one hand, and the Commission on behalf of the European Union and its remaining 27 Member States (EU-27), on the other; |
E. |
whereas negotiations on the United Kingdom’s withdrawal from the European Union will begin following adoption by the European Council of guidelines for those negotiations; whereas this resolution represents the European Parliament’s position for those guidelines and will also form the basis of Parliament’s assessment of the negotiation process and of any agreement reached between the European Union and the United Kingdom; |
F. |
whereas until it leaves the European Union the United Kingdom must enjoy all the rights and fulfil all the obligations deriving from the Treaties, including the principle of sincere cooperation laid down in Article 4(3) of the Treaty on European Union; |
G. |
whereas the United Kingdom has stated in its notification of 29 March 2017 its intention to fall outside the jurisdiction of the Court of Justice of the European Union; |
H. |
whereas the United Kingdom Government has indicated in the same notification that its future relationship with the European Union will not include membership of the internal market or membership of the customs union; |
I. |
whereas, nevertheless, continued membership of the United Kingdom of the internal market, the European Economic Area and/or the customs union would have been the optimal solution for both the United Kingdom and the EU-27; whereas this is not possible as long as the United Kingdom Government maintains its objections to the four freedoms and to the jurisdiction of the Court of Justice of the European Union, refuses to make a general contribution to the Union budget, and wants to conduct its own trade policy; |
J. |
whereas, following the result of the referendum on leaving the European Union, the decision ‘concerning a new settlement for the United Kingdom within the European Union’ annexed to the European Council conclusions of 18 and 19 February 2016 is in any case null and void in all its provisions; |
K. |
whereas the negotiations must be conducted with the aims of providing legal stability and minimising disruption, and providing a clear vision of the future for citizens and legal entities; |
L. |
whereas a revocation of notification needs to be subject to conditions set by all EU-27, so that it cannot be used as a procedural device or abused in an attempt to improve on the current terms of the United Kingdom’s membership; |
M. |
whereas without a withdrawal agreement the United Kingdom would automatically exit the European Union on 30 March 2019, and would do so in a disorderly manner; |
N. |
whereas a large number of United Kingdom citizens, including a majority in Northern Ireland and Scotland, voted to remain in the European Union; |
O. |
whereas the European Parliament is especially concerned at the consequences of the United Kingdom’s withdrawal from the European Union for Northern Ireland and its future relations with Ireland; whereas in that respect it is crucial to safeguard peace and therefore to preserve the Good Friday Agreement in all its parts, recalling that it was brokered with the active participation of the Union, as the European Parliament emphasised in its resolution of 13 November 2014 on the Northern Ireland peace process (5); |
P. |
whereas the withdrawal of the United Kingdom should compel the EU-27 and the Union institutions to better address the current challenges and to reflect on their future and on their efforts to make the European project more effective, more democratic, and closer to the citizens; recalls the Bratislava roadmap, the resolutions of the European Parliament on the matter, the European Commission’s White Paper of 1 March 2017 on the Future of Europe, the Rome Declaration of 25 March 2017, and the proposals of the High-Level Group on Own Resources of 17 January 2017, which may serve as a basis for this reflection; |
1. |
Acknowledges the notification by the United Kingdom Government to the European Council which formalises the United Kingdom’s decision to withdraw from the European Union; |
2. |
Calls for the negotiations between the European Union and the United Kingdom, as provided for in Article 50(2) of the Treaty on European Union, to begin as soon as possible; |
3. |
Reiterates the importance of the withdrawal agreement and any possible transitional arrangement(s) entering into force well before the elections to the European Parliament of May 2019; |
4. |
Recalls that the withdrawal agreement can only be concluded with the consent of the European Parliament, as is also the case for any possible future agreement on relations between the European Union and the United Kingdom as well as any possible transitional arrangements; |
General principles for the negotiations
5. |
Expects that, to ensure an orderly exit of the United Kingdom from the European Union, the negotiations between the European Union and the United Kingdom must be conducted in good faith and full transparency; recalls that the United Kingdom will continue to enjoy its rights as a Member State of the European Union until the withdrawal agreement comes into force and will therefore also remain bound by its duties and commitments arising therefrom; |
6. |
Recalls that, in this respect, it would be contrary to Union law for the United Kingdom to begin, in advance of its withdrawal, negotiations on possible trade agreements with third countries; stresses that such an action would be in contradiction with the principle of sincere cooperation laid down in Article 4(3) of the Treaty on European Union and should have consequences, among them the United Kingdom’s exclusion from the procedures for trade negotiations laid down in Article 218 of the Treaty on the Functioning of the European Union; emphasises that the same must apply in other policy areas where the United Kingdom would continue to shape Union legislation, actions, strategies or common policies in a way that favours its own interests as a departing Member State, rather than the interests of the European Union and of the EU-27; |
7. |
Warns that any bilateral arrangement between one or several remaining Member States and the United Kingdom, in the areas of European Union competence, that has not been agreed by the EU-27, relating to issues included in the scope of the withdrawal agreement and/or impinging on the future relationship of the European Union with the United Kingdom, would also be in contradiction with the Treaties; warns moreover that this would especially be the case for any bilateral agreement and/or regulatory or supervisory practice that would relate, for instance, to any privileged access to the internal market for United Kingdom-based financial institutions at the expense of the Union’s regulatory framework or to the status of EU-27 citizens in the United Kingdom or vice versa; |
8. |
Believes that the mandate and the negotiating directives applying throughout the whole negotiation process must fully reflect the positions and interests of the citizens of the EU-27, including those of Ireland, since that Member State will be particularly affected by the withdrawal of the United Kingdom from the European Union; |
9. |
Hopes that under these conditions the European Union and the United Kingdom will establish a future relationship that is fair, as close as possible and balanced in terms of rights and obligations; regrets the decision by the United Kingdom Government not to participate in the internal market, the European Economic Area or the customs union; considers that a state withdrawing from the Union cannot enjoy similar benefits to those enjoyed by a Union Member State, and therefore announces that it will not consent to any agreement that would contradict this; |
10. |
Reaffirms that membership of the internal market and the customs union entails acceptance of the four freedoms, the jurisdiction of the Court of Justice of the European Union, general budgetary contributions and adherence to the European Union’s common commercial policy; |
11. |
Stresses that the United Kingdom must honour all its legal, financial and budgetary obligations, including commitments under the current multiannual financial framework, falling due up to and after the date of its withdrawal; |
12. |
Notes the proposed arrangements for the organisation of negotiations set out in the statement by the Heads of State or Government of 27 Member States, as well as the Presidents of the European Council and the European Commission, of 15 December 2016; welcomes the nomination of the European Commission as Union negotiator and the Commission’s nomination of Michel Barnier as its chief negotiator; points out that full involvement of the European Parliament is a necessary precondition for it to give its consent to any agreement reached between the European Union and the United Kingdom; |
Sequencing of the negotiations
13. |
Underlines that, in accordance with Article 50(2) of the Treaty on European Union, the negotiations are to concern the arrangements for the United Kingdom’s withdrawal while taking account of the framework for the United Kingdom’s future relationship with the European Union; |
14. |
Agrees that should substantial progress be made towards a withdrawal agreement then talks could start on possible transitional arrangements on the basis of the intended framework for the United Kingdom’s future relationship with the European Union; |
15. |
Notes that an agreement on a future relationship between the European Union and the United Kingdom as a third country can only be concluded once the United Kingdom has withdrawn from the European Union; |
Withdrawal agreement
16. |
States that the withdrawal agreement must be in conformity with the Treaties and the Charter of Fundamental Rights of the European Union, failing which it will not obtain the consent of the European Parliament; |
17. |
Is of the opinion that the withdrawal agreement should address the following elements:
|
18. |
Requires the fair treatment of EU-27 citizens living or having lived in the United Kingdom and of United Kingdom citizens living or having lived in the EU-27 and is of the opinion that their respective rights and interests must be given full priority in the negotiations; demands, therefore, that the status and rights of EU-27 citizens residing in the United Kingdom and of United Kingdom citizens residing in the EU-27 be subject to the principles of reciprocity, equity, symmetry and non-discrimination, and demands moreover the protection of the integrity of Union law, including the Charter of Fundamental Rights, and its enforcement framework; stresses that any degradation of the rights linked to freedom of movement, including discrimination between EU citizens in their access to residency rights, before the date of withdrawal from the European Union by the United Kingdom would be contrary to Union law; |
19. |
Stresses that a single financial settlement with the United Kingdom on the basis of the European Union’s annual accounts as audited by the European Court of Auditors must include all its legal liabilities arising from outstanding commitments as well as making provision for off-balance sheet items, contingent liabilities and other financial costs arising directly as a result of the United Kingdom’s withdrawal; |
20. |
Recognises that the unique position of and the special circumstances confronting the island of Ireland must be addressed in the withdrawal agreement; urges that all means and measures consistent with European Union law and the 1998 Good Friday Agreement be used to mitigate the effects of the United Kingdom’s withdrawal on the border between Ireland and Northern Ireland; insists in that context on the absolute need to ensure continuity and stability of the Northern Ireland peace process and to do everything possible to avoid a hardening of the border; |
Future European Union-United Kingdom relationship
21. |
Acknowledges the notification of 29 March 2017 and the White Paper of the United Kingdom Government of 2 February 2017 on ‘The United Kingdom’s exit from and new partnership with the European Union’; |
22. |
Believes that the future relationship between the European Union and the United Kingdom should be balanced and comprehensive and should serve the interests of the citizens of both parties, and will therefore need sufficient time to be negotiated; stresses that it should cover areas of common interest while respecting the integrity of the European Union’s legal order and the fundamental principles and values of the Union, including the integrity of the internal market as well as the decision-making capacity and autonomy of the Union; notes that Article 8 of the Treaty on European Union, as well as Article 217 of the Treaty on the Functioning of the European Union, which provides for ‘establishing an association involving reciprocal rights and obligations, common action and special procedures’, could provide an appropriate framework for such a future relationship; |
23. |
States that, whatever the outcome of the negotiations on the future European Union-United Kingdom relationship, they cannot involve any trade-off between internal and external security including defence cooperation, on the one hand, and the future economic relationship, on the other hand; |
24. |
Stresses that any future agreement between the European Union and the United Kingdom is conditional on the United Kingdom’s continued adherence to the standards provided by international obligations, including human rights, and the Union’s legislation and policies, in, among others, the fields of the environment, climate change, the fight against tax evasion and avoidance, fair competition, trade and social rights, especially safeguards against social dumping; |
25. |
Opposes any future agreement between the European Union and the United Kingdom that would contain piecemeal or sectorial provisions, including with respect to financial services, providing United Kingdom-based undertakings with preferential access to the internal market and/or the customs union; underlines that after its withdrawal the United Kingdom will fall under the third-country regime provided for in Union legislation; |
26. |
Notes that if the United Kingdom asks to participate in certain European Union programmes it will be as a third country, entailing appropriate budgetary contributions and oversight by the existing jurisdiction; would welcome, in this context, the United Kingdom’s continued participation in a number of programmes, such as Erasmus; |
27. |
Takes note that many citizens of the United Kingdom have expressed strong opposition to losing the rights they currently enjoy pursuant to Article 20 of the Treaty on the Functioning of the European Union; proposes that the EU-27 examine how to mitigate this within the limits of Union primary law whilst fully respecting the principles of reciprocity, equity, symmetry and non-discrimination; |
Transitional arrangements
28. |
Believes that transitional arrangements ensuring legal certainty and continuity can only be agreed between the European Union and the United Kingdom if they contain the right balance of rights and obligations for both parties and preserve the integrity of the European Union’s legal order, with the Court of Justice of the European Union responsible for settling any legal challenges; believes, moreover, that any such arrangements must also be strictly limited both in time — not exceeding three years — and in scope, as they can never be a substitute for European Union membership; |
Issues for the EU-27 and the Union institutions
29. |
Calls for agreement to be reached as quickly as possible on the relocation of the European Banking Authority and the European Medicines Agency and for the process of relocation to begin as soon as practicable; |
30. |
Points out that a review and adjustment of Union law may be necessary to take account of the United Kingdom’s withdrawal; |
31. |
Believes that a revision covering the last two years of the current multiannual financial framework is not required, but that the impact of the United Kingdom’s withdrawal should be dealt with by means of the annual budgetary procedure; underlines that the work on a new multiannual financial framework, including the question of own resources, should begin immediately among the Union institutions and the EU-27; |
32. |
Commits itself to finalising in time the legislative procedures on the composition of the European Parliament under Article 14(2) of the Treaty on European Union and on the electoral procedure on the basis of its proposal under Article 223 of the Treaty on the Functioning of the European Union annexed to its resolution of 11 November 2015 on the reform of the electoral law of the European Union (6); believes furthermore, taking into account Recital P of the present resolution, that during the negotiations on the withdrawal of, and on the establishing of a new relationship with, the United Kingdom, the remaining 27 Member States of the European Union, together with its institutions, need to strengthen the present Union by means of a broad public debate and to start an in-depth interinstitutional reflection on its future; |
Final provisions
33. |
Reserves the right to clarify its position on the European Union-United Kingdom negotiations, and, where appropriate, to adopt further resolutions, including on specific matters or sectorial issues, in the light of the progress or otherwise of those negotiations; |
34. |
Expects the European Council to take this resolution into account when adopting its guidelines defining the framework for negotiations and setting out the overall positions and principles that the European Union will pursue; |
35. |
Resolves to determine its final position on the agreement(s) based on the assessment made in line with the content of this resolution and any subsequent European Parliament resolutions; |
o
o o
36. |
Instructs its President to forward this resolution to the European Council, the Council of the European Union, the European Commission, the European Central Bank, the national parliaments and the Government of the United Kingdom. |
(1) Texts adopted, P8_TA(2016)0294.
(2) Texts adopted, P8_TA(2017)0048.
(3) Texts adopted, P8_TA(2017)0049.
(4) Texts adopted, P8_TA(2017)0050.
(6) Texts adopted, P8_TA(2015)0395.
23.8.2018 |
EN |
Official Journal of the European Union |
C 298/30 |
P8_TA(2017)0112
Multiannual financial framework for 2014-2020 (Resolution)
European Parliament non-legislative resolution of 5 April 2017 on the draft Council regulation amending Regulation (EU, Euratom) No 1311/2013 laying down the multiannual financial framework for the years 2014-2020 (14942/2016 — C8-0103/2017 — 2016/0283(APP) — 2017/2051(INI))
(2018/C 298/04)
The European Parliament,
— |
having regard to the Commission proposal for a Council Regulation amending Regulation (EU, Euratom) No 1311/2013 laying down the multiannual financial framework for the years 2014-2020 (COM(2016)0604), |
— |
having regard to the draft Council regulation amending Regulation (EU, Euratom) No 1311/2013 laying down the multiannual financial framework for the years 2014-2020 (14942/2016) and Council’s corrigendum (14942/2016 COR2), |
— |
having regard to the request for consent submitted by the Council in accordance with Article 312 of the Treaty on the Functioning of the European Union and Article 106a of the Treaty establishing the European Atomic Energy Community (C8-0103/2017), |
— |
having regard to the Council agreement in principle of 7 March 2017 on the revision of the multiannual financial framework 2014-2020 (1), |
— |
having regard to its resolution of 6 July 2016 on the preparation of the post-electoral revision of the MFF 2014-2020: Parliament’s input ahead of the Commission’s proposal (2), |
— |
having regard to its resolution of 26 October 2016 on the mid-term revision of the MFF 2014-2020 (3), |
— |
having regard to its legislative resolution of 5 April 2017 on the draft regulation (4), |
— |
having regard to Rule 99(2) of its Rules of Procedure, |
— |
having regard to the report of the Committee on Budgets (A8-0117/2017), |
1. |
Approves the joint statements by Parliament and the Council annexed to this resolution; |
2. |
Approves its statement annexed to this resolution; |
3. |
Takes note of the unilateral statements by the Council and the Commission; |
4. |
Instructs its President to forward this resolution to the Council, the Commission and the national parliaments. |
(1) 7030/2017 and 7031/2017 COR1.
(2) Texts adopted, P8_TA(2016)0309.
(3) Texts adopted, P8_TA(2016)0412.
(4) Texts adopted, P8_TA(2017)0111.
ANNEX
STATEMENTS
Joint statement of the European Parliament and the Council on reinforcements (top-ups) for the remaining period of the MFF
In the context of the MFF mid-term review/revision, the European Parliament and the Council have agreed on the top-ups as proposed by the Commission for the amounts indicated in the table below, to be implemented in the years 2017 to 2020 (1) in the framework of the annual budgetary procedure, without prejudice to the prerogatives of the budgetary authority:
|
Commitment appropriations, mil. EUR |
Heading 1a |
|
Horizon 2020 |
200 |
CEF Transport |
300 |
Erasmus+ |
100 |
COSME |
100 |
Wifi4EU (*1) |
25 |
EFSI (*1) |
150 |
Total Heading 1a |
875 |
Heading 1b (YEI) |
1200 (*2) |
Heading 3 |
2549 |
Heading 4 (*1) |
1385 |
Total H1a, 1b, 3, 4 |
6009 |
Redeployments of an overall amount of EUR 945 million will be identified in the annual budget procedure, out of which EUR 875 million in H1a and EUR 70 million in H4.
Joint statement of the European Parliament and the Council on avoiding accumulation of an excessive amount of unpaid bills
The European Parliament and the Council call on the Commission to continue closely scrutinising the implementation of the 2014-2020 programmes in order to ensure an orderly progression of payment appropriations consistent with the authorised commitment appropriations. To that end, they invite the Commission to present in a timely manner, throughout the remaining period of the current MFF, updated figures concerning the state of affairs and estimates regarding payment appropriations. The European Parliament and the Council will take any necessary decisions in due time for duly justified needs to prevent the accumulation of an excessive amount of unpaid bills and to ensure that payment claims are duly reimbursed.
Joint statement of the European Parliament and the Council on payments for Special Instruments
The European Parliament and the Council agreed to adapt the proposal for amending Decision (EU) 2015/435 so as not to prejudice in any way the nature of payments for other special instruments in a general way.
Joint statement of the European Parliament and the Council concerning an independent evaluation of the results of the target of progressive reduction of staff by 5 % between 2013 and 2017
The European Parliament and the Council propose that an independent evaluation of the results of the target of progressive reduction of staff by 5 % between 2013 and 2017 is undertaken, covering all institutions, bodies and agencies as agreed in the IIA of 2013 on budgetary discipline, on cooperation in budgetary matters and on sound financial management. Based on the conclusion of the evaluation, the European Parliament and the Council invite the Commission to present an appropriate follow-up proposal.
Statement of the European Parliament on the joint statements linked to the MFF mid-term revision
The European Parliament recalls that the four joint statements that accompany the revised MFF Regulation are of political nature without any legal implications.
With regard to the joint statement on reinforcements (‘top-ups’) and redeployments for Union programmes, it is recalled that the Treaties provide for the budgetary authority to determine the level and content of the Union budget through the annual budgetary procedure. The European Parliament stresses that, as an equal arm of the budgetary authority, it will exercise fully its prerogatives, which will not be compromised by any political declaration. The need to respect the prerogatives of the budgetary authority is also clearly reflected in the text of the joint statement.
The European Parliament understands, therefore, that the amounts indicated in this joint statement represent reference amounts to be examined in the context of the annual budgetary procedure, taking due account of the concrete circumstances of each annual budget. Concerning, in particular, the proposed redeployments in Headings 1a and 4, the European Parliament intends to examine any Commission proposals on a case-by-case basis, in order to ensure that no reduction is sustained on key Union programmes, notably if they are conducive to growth and jobs or respond to current pressing needs and present a high implementation rate.
It is evident that any amounts indicated in the joint statement that relate to legislative proposals that are not yet adopted, do not prejudge in any way the outcome of those legislative negotiations.
Statement of the Council on payments for Special Instruments
The Council proposes to maintain the status quo and not establish, in the context of this review/revision, a general and over-arching rule as regards the treatment of payments for other special instruments. The opinion of the Council Legal Service stated that it will remain open for the Budgetary Authority to decide on a case-by-case basis, in respect of a specific mobilisation in question, whether or not some or all of the corresponding payments are to be counted above the MFF ceilings.
Statement of the Commission on reinforcing the Youth Employment Initiative and additional measures to help tackling the migration crisis and security issues
Should the downwards trend in youth unemployment observed since 2013 reverse again, consideration should be given to increase the funding for the Youth Employment Initiative beyond the amount of EUR 1,2 billion agreed in the framework of the mid-term review/revision of the multiannual financial framework (MFF) 2014-2020 by using margins available under the Global Margin for Commitments in accordance with Article 14 of the MFF Regulation. For that purpose, the Commission will report regularly on the observed statistical trends and submit a Draft Amending Budget if appropriate.
Without prejudice to the above, additional margins available should be considered, as a matter of priority, for investing in young people across Europe and for measures helping to address the internal and external dimension of the migration crisis and security issues should new needs arise which are not covered by the existing or agreed funding. The Commission will make proposals to that end if appropriate while keeping in mind the need to maintain sufficient margins for unexpected events and the smooth implementation of already agreed programmes.
(1) A part of the overall top-ups have already been agreed in the context of the 2017 budgetary procedure. The 2017 budget thus includes EUR 200 million in Heading 1a and EUR 725 million in Heading 4. Moreover, the European Parliament and the Council agreed to provide EUR 500 million in Heading 1b for the Youth Employment Initiative in 2017 to be financed by the Global margin for commitments and which will be implemented via an amending budget in 2017. Finally, the European Parliament and the Council also invited the Commission to request the necessary appropriations in an amending budget in 2017 in order to provide the financing of the EFSD from the EU budget as soon as the legal base is adopted.
(*1) This does not prejudge the outcome of ongoing discussions on draft legislative proposals within H1a and H4.
(*2) Spread over four years (2017-2020).
23.8.2018 |
EN |
Official Journal of the European Union |
C 298/34 |
P8_TA(2017)0123
Genetically modified maize Bt11 × 59122 × MIR604 × 1507 × GA21
European Parliament resolution of 5 April 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize Bt11 × 59122 × MIR604 × 1507 × GA21, and genetically modified maizes combining two, three or four of the events Bt11, 59122, MIR604, 1507 and GA21, pursuant to Regulation (EC) No 1829/2003 of the European parliament and of the Council on genetically modified food and feed (D049280 — 2017/2624(RSP))
(2018/C 298/05)
The European Parliament,
— |
having regard to the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize Bt11 × 59122 × MIR604 × 1507 × GA21, and genetically modified maizes combining two, three or four of the events Bt11, 59122, MIR604, 1507 and GA21, pursuant to Regulation (EC) No 1829/2003 of the European parliament and of the Council on genetically modified food and feed (D049280), |
— |
having regard to Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (1), and in particular 7(3), 9(2) and 21(2) thereof, |
— |
having regard to the vote of the Standing Committee on the Food Chain and Animal Health referred to in Article 35 of Regulation (EC) No 1829/2003, on 27 January 2017, where no opinion was delivered, and to the vote of the Appeal Committee on 27 March 2017, where again no opinion was delivered, |
— |
having regard to Articles 11 and 13 of Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (2), |
— |
having regard to the opinion adopted by the European Food Safety Authority (EFSA) on 15 July 2016 (3), which includes a minority opinion, and EFSA’s previous opinions on maize containing the single events, Bt11 (expressing Cry1Ab and PAT proteins), 59122 (expressing Cry34Ab1, Cry35Ab1 and PAT proteins), MIR604 (expressing mCry3A and PMI proteins), 1507 (producing Cry1F and PAT proteins) and GA21 (expressing mEPSPS protein), |
— |
having regard to the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 182/2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (COM(2017)0085, COD(2017)0035), |
— |
having regard to its previous resolutions objecting to the authorisation of genetically modified organisms (4), |
— |
having regard to the motion for a resolution of the Committee on the Environment, Public Health and Food Safety, |
— |
having regard to Rule 106(2) and (3) of its Rules of Procedure, |
The application
A. |
whereas on 1 July 2011 Syngenta submitted an application for the placing on the market of foods, food ingredients, and feed containing, consisting of, or produced from Bt11 × 59122 × MIR604 × 1507 × GA21 maize to the national competent authority of Germany in accordance with Articles 5 and 17 of Regulation (EC) No 1829/2003; whereas that application also covered the placing on the market of genetically modified maize Bt11 × 59122 × MIR604 × 1507 × GA21 in products consisting of it or containing it for uses other than food and feed as any other maize, with the exception of cultivation; |
B. |
whereas on 21 February 2014 Syngenta extended the scope of the application to all sub-combinations of the single genetic modification events constituting Bt11 × 59122 × MIR604 × 1507 × GA21 maize, except the sub-combination 1507 × 59122, which was already authorised by Commission Decision 2010/432/EU (5); |
C. |
whereas on 31 March 2016 Syngenta updated the scope of the application by excluding the following four sub-combinations, which were in the scope of another application: Bt11 × GA21 maize, MIR604 × GA21 maize, Bt11 × MIR604 maize, and Bt11 × MIR604 × GA21 (6); |
D. |
whereas no specific data regarding any of the 20 sub-combinations have been submitted by the applicant (7); |
E. |
whereas the intended uses of the five-event stack are to control lepidopteran and coleopteran maize pests and provide tolerance to herbicides containing glufosinate ammonium or glyphosate (8); whereas the intended uses of the different sub-combinations are similar, depending on the combinations; |
The EFSA opinion
F. |
whereas on 26 August 2016, the European Food Safety Authority (EFSA) gave a favourable opinion in accordance with Articles 6 and 18 of Regulation (EC) No 1829/2003 with regard to the GM-maize Bt11 × 59122 × MIR604 × 1507 × GA21 and all of the sub-combinations covered by the scope of the application; whereas the EFSA opinion included a minority opinion; |
G. |
whereas EFSA acknowledges that no specific data have been submitted for all 20 sub-combinations, that many of them have not even been created yet, and that no scientific information regarding them could be retrieved in a literature search, but nevertheless concludes that all 20 sub-combinations are ‘expected to be as safe as the five-event stack maize’; |
H. |
whereas EFSA does not consider any post-market monitoring for the GM-events concerned to be necessary; whereas EFSA merely states that the requirement for monitoring should be considered on the basis of the new protein expression data provided, if these sub-combinations were to be created via targeted breeding approaches and imported into the Union; |
Concerns
I. |
whereas hundreds of critical comments have been submitted by Member States during the three-month consultation period (9); whereas those comments refer to, inter alia: missing information and data, poorly performed studies, missing studies, missing evidence to exclude certain routes of exposure, an insufficient data basis, e.g. as regards digestibility, missing consideration of the combined effects of the different Bt toxin proteins when judging the potential for allergenicity and toxicity, shortcomings as regards the experimental design of the field trials and the statistical analysis, missing reports on the results of the monitoring, failure to demonstrate that the product does not have any adverse effects on the environment, failure to further assess detected statistically significant differences, e.g. in nutritional composition, and failure to conduct immunological tests with regard to a potentially higher allergenic potential; |
J. |
whereas a minority opinion was expressed by Jean-Michel Wal, Member of the EFSA GMO Panel (10), stating that: ‘no specific data regarding any of those 20 sub-combinations have been provided by the Applicant, who also did not give a satisfactory rationale explaining the reasons why those data are missing and/or why he would consider that they are not necessary for the risk assessment. This is a most important reason for expression of this minority opinion, considering that there cannot be two kinds of risk assessment, a comprehensive one based on a complete set of data and another one for which no specific data at all are available and which is based on assumptions and indirect considerations deduced by the Panel by the so called “weight of evidence approach” and extrapolation of data obtained for the single events, the five-event stack and other stacks that were submitted and assessed in other applications. In addition to this matter of principle, in the present case, this may result in uncontrolled risk for the health of human consumers in certain segments of the population.’; |
K. |
whereas, more specifically, the minority opinion questions why the kind of extrapolation made to assess potential adverse effects is not precisely defined: ‘The criteria, procedure and the level of confidence that should be required for this extrapolation are not given and there is no critical appraisal of its limitations. No evaluation of the resulting uncertainty has been performed, e.g. using a probabilistic analysis, as recommended by the Draft Guidance on Uncertainty in EFSA Scientific Assessment (Revised for Internal Testing) of the EFSA Scientific Committee. These weaknesses may invalidate the general conclusion.’; |
L. |
whereas the EFSA minority opinion also points to several shortcomings and contradictory arguments with regard to the application, e.g. the fact that the applicant on the one hand alludes to the fact that all sub-combinations had been produced, and its protein expression level had been analysed (11), but on the other hand does not provide any data on any of the sub-combinations; |
M. |
whereas the genetically modified maize varieties SYN-BTØ11-1, DAS-59122-7 and DAS-Ø15Ø7-1 involved express a PAT-protein which confers tolerance to the glufosinate-ammonium herbicide; whereas glufosinate is classified as toxic to reproduction and thus falls under the exclusion criteria set out in Regulation (EC) No 1107/2009; whereas the approval of glufosinate expires on 31 July 2018 (12); |
N. |
whereas the genetically modified MON-ØØØ21-9 maize, as described in the application, expresses the mEPSPS protein which confers tolerance to glyphosate herbicides; whereas the International Agency for Research on Cancer — the specialised cancer agency of the World Health Organisation — classified glyphosate as probably carcinogenic to humans on 20 March 2015 (13); |
The procedure
O. |
whereas the vote of the Standing Committee on the Food Chain and Animal Health referred to in Article 35 of Regulation (EC) No 1829/2003 on 27 January 2017 delivered no opinion; whereas only 10 Member States, representing only 38,43o% of the Union population voted in favour, while 13 Member States voted against, with four Member States abstaining,; whereas the vote of the Appeal Committee on 27 March 2017 again delivered no opinion; |
P. |
whereas, in both the explanatory memorandum of its legislative proposal presented on 22 April 2015 amending Regulation (EC) No 1829/2003 as regards the possibility for the Member States to restrict or prohibit the use of genetically modified food and feed on their territory and in the explanatory memorandum of the legislative proposal presented on 14 February 2017 amending Regulation (EU) No 182/2011, the Commission deplored the fact that, since the entry into force of Regulation (EC) No 1829/2003, authorisation decisions have been adopted by the Commission without the support of the Member States’ committee opinion and that the return of the dossier to the Commission for final decision, which is very much the exception for the procedure as a whole, has become the norm for decision-making on genetically modified food and feed authorisations; whereas this practice has, on several occasions, been deplored by Commission President Juncker as not being democratic (14); |
Q. |
whereas the legislative proposal of 22 April 2015 amending Regulation (EC) No 1829/2003 was rejected by Parliament on 28 October 2015 on the grounds that, while cultivation necessarily takes place on a Member State’s territory, GMO trade crosses borders, which means that a national ‘sales and use’ ban proposed by the Commission could be impossible to enforce without reintroducing border checks on imports; whereas the Parliament not only rejected the legislative proposal, but also called on the Commission to withdraw its proposal and submit a new one; |
R. |
whereas it is already the case that Recital 14 of Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers clearly rules that: ‘When considering the adoption of other draft implementing acts concerning particularly sensitive sectors, notably taxation, consumer health, food safety and protection of the environment, the Commission, in order to find a balanced solution, will, as far as possible, act in such a way as to avoid going against any predominant position which might emerge within the appeal committee against the appropriateness of an implementing act.’ (15); |
1. |
Considers that the draft Commission implementing decision exceeds the implementing powers provided for in Regulation (EC) No 1829/2003; |
2. |
Considers that the Commission implementing decision is not consistent with Union law, in that it is not compatible with the aim of Regulation (EC) No 1829/2003 which is, in accordance with the general principles laid down in Regulation (EC) No 178/2002 (16), to provide the basis for ensuring a high level of protection of human life and health, animal health and welfare, environment and consumer interests in relation to genetically modified food and feed, whilst ensuring the effective functioning of the internal market; |
3. |
Considers, more specifically, that it runs contrary to the principles of the general food law, as laid down in Regulation (EC) No 178/2002, to approve varieties for which no safety data have been provided, which have not even been tested, or which have not even been created yet; |
4. |
Calls on the Commission to withdraw its draft implementing decision; |
5. |
Instructs its President to forward this resolution to the Council and the Commission, and to the governments and parliaments of the Member States. |
(1) OJ L 268, 18.10.2003, p. 1.
(2) OJ L 55, 28.2.2011, p. 13.
(3) EFSA GMO Panel (EFSA Panel on Genetically Modified Organisms), 2016. Scientific Opinion on an application by Syngenta (EFSA-GMO-DE-2011-99) for the placing on the market of maize Bt11 × 59122 × MIR604 × 1507 × GA21 and twenty sub-combinations, which have not been authorised previously independently of their origin, for food and feed uses, import and processing under Regulation (EC) No 1829/2003; EFSA Journal 2016; 14(8):4567 [31 pp.]; doi:10.2903/j.efsa.2016.4567
— |
resolution of 16 January 2014 on the proposal for a Council decision concerning the placing on the market for cultivation, in accordance with Directive 2001/18/EC of the European Parliament and of the Council, of a maize product (Zea mays L., line 1507) genetically modified for resistance to certain lepidopteran pests (OJ C 482, 23.12.2016, p. 110), |
— |
resolution of 16 December 2015 on the Commission Implementing Decision (EU) 2015/2279 of 4 December 2015 authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize NK603 × T25 (P8_TA(2015)0456), |
— |
resolution of 3 February 2016 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean MON 87705 × MON 89788 (P8_TA(2016)0040), |
— |
resolution of 3 February 2016 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean MON 87708 × MON 89788 (P8_TA(2016)0039), |
— |
resolution of 3 February 2016 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean FG72 (MST-FGØ72-2) (P8_TA(2016)0038), |
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resolution of 8 June 2016 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize Bt11 × MIR162 × MIR604 × GA21, and genetically modified maizes combining two or three of those events (P8_TA(2016)0271), |
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resolution of 8 June 2016 on the draft Commission implementing decision as regards the placing on the market of a genetically modified carnation (Dianthus caryophyllus L., line SHD-27531-4) (P8_TA(2016)0272), |
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resolution of 6 October 2016 on the draft Commission implementing decision renewing the authorisation for the placing on the market for cultivation of genetically modified maize MON 810 seeds (P8_TA(2016)0388), |
— |
resolution of 6 October 2016 on the draft Commission implementing decision authorising the placing on the market of genetically modified maize MON 810 products (P8_TA(2016)0389), |
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resolution of 6 October 2016 on the draft Commission implementing decision concerning the placing on the market for cultivation of genetically modified maize Bt11 seeds (P8_TA(2016)0386), |
— |
resolution of 6 October 2016 on the draft Commission implementing decision concerning the placing on the market for cultivation of genetically modified maize 1507 seeds (P8_TA(2016)0387), |
— |
resolution of 6 October 2016 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified cotton 281-24-236 × 3006-210-23 × MON 88913 (P8_TA(2016)0390). |
(5) Commission Decision 2010/432/EU of 28 July 2010 authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize 1507x59122 (DAS-Ø15Ø7-1xDAS-59122-7) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (OJ L 202, 4.8.2010, p. 11).
(6) Commission Implementing Decision (EU) 2016/1685 of 16 September 2016 authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize Bt11 × MIR162 × MIR604 × GA21, and genetically modified maizes combining two or three of the events Bt11, MIR162, MIR604 and GA21, and repealing Decisions 2010/426/EU, 2011/892/EU, 2011/893/EU and 2011/894/EU (OJ L 254, 20.9.2016, p. 22).
(7) As confirmed in the EFSA opinion referred to above (EFSA Journal 2016; 14(8):4567 [31 pp.]).
(8) SYN-BTØ11-1 maize expresses the Cry1Ab protein which confers protection against certain lepidopteran pests and a PAT protein which confers tolerance to glufosinate-ammonium herbicides.
DAS-59122-7 maize expresses the Cry34Ab1 and Cry35Ab1 proteins which confer protection against certain coleopteran pests and a PAT protein which confers tolerance to glufosinate-ammonium herbicides.
SYN-IR6Ø4-5 maize expresses the modified Cry3A protein which provides protection against certain coleopteran pests and PMI protein which was used as a selectable marker.
DAS-Ø15Ø7-1 maize expresses the Cry1F protein which confers protection against certain lepidopteran pests and the PAT protein, used as a selectable marker, which confers tolerance to the glufosinate-ammonium herbicide.
MON-ØØØ21-9 maize expresses the mEPSPS protein which confers tolerance to glyphosate herbicides.
(9) See EFSA Register of Questions, Annex G to Question Number EFSA-Q-2011-00894, available online at: http://registerofquestions.efsa.europa.eu/roqFrontend/questionDocumentsLoader?question=EFSA-Q-2011-00894 (last point).
(10) See Appendix A of the EFSA opinion.
(11) The application states that ‘the Bt11 × 59122 × MIR604 × 1507 × GA21 maize and all of its sub-combinations independently of their origin have been produced by conventional breeding crosses (…) (point ii)’, and ‘the analysis of the protein expression level confirms that the crossing of the GM maize single events (…) results in no interaction between them in Bt11 × 59122 × MIR604 × 1507 × GA21 maize or the sub-combinations of fewer of these events independently of their origin. (point x)’.
(12) http://ec.europa.eu/food/plant/pesticides/eu-pesticides-database/public/?event=activesubstance.detail&language=EN&selectedID=1436
(13) IARC Monographs Volume 112: evaluation of five organophosphate insecticides and herbicides, 20 March 2015 (http://monographs.iarc.fr/ENG/Monographs/vol112/mono112.pdf).
(14) E.g. in the Opening Statement at the European Parliament plenary session included in the political guidelines for the next European Commission (Strasbourg, 15 July 2014) or in the State of the Union Address 2016 (Strasbourg, 14 September 2016).
23.8.2018 |
EN |
Official Journal of the European Union |
C 298/39 |
P8_TA(2017)0124
Addressing refugee and migrant movements: the role of EU external action
European Parliament resolution of 5 April 2017 on addressing refugee and migrant movements: the role of EU External Action (2015/2342(INI))
(2018/C 298/06)
The European Parliament,
— |
having regard to Articles 3, 8 and 21 of the Treaty on European Union (TEU) and to Articles 80, 208 and 216 of the Treaty on the Functioning of the European Union (TFEU), |
— |
having regard to the Global Strategy for the European Union’s Foreign and Security Policy published in June 2016, |
— |
having regard to the Commission communications entitled: ‘A European Agenda on Migration’ of 13 May 2015 (COM(2015)0240); ‘Forced Displacement and Development’ of 26 April 2016 (COM(2016)0234); ‘Establishing a new Partnership Framework with third countries under the European Agenda on Migration’ of 7 June 2016 (COM(2016)0385); and ‘Strengthening European investments for jobs and growth: Towards a second phase of the European Fund for Strategic Investments and a new European External Investment Plan’ of 14 September 2016 (COM(2016)0581); and to the Joint Communications from the European Commission and the High Representative of the Union for Foreign Affairs and Security Policy entitled: ‘Addressing the Refugee Crisis in Europe: The Role of EU External Action’ of 9 September 2015 (JOIN(2015)0040); ‘Migration on the Central Mediterranean Route: Managing flows, saving lives’ of 25 January 2017 (JOIN(2017)0004); and ‘Review of the European Neighbourhood Policy’ of 18 November 2015 (JOIN(2015)0050), |
— |
having regard to the General Affairs Council conclusions on the Global Approach to Migration and Mobility (GAMM) of 3 May 2012, |
— |
having regard to the European Council conclusions on migration of 25-26 June, 15 October and 17-18 December 2015 and of 17-18 March and 28 June 2016, |
— |
having regard to the Foreign Affairs Council conclusions on migration in EU development cooperation of 12 December 2014, on migration of 12 October 2015, on the EU approach to forced displacement and development of 12 May 2016 and on external aspects of migration of 23 May 2016, |
— |
having regard to the Foreign Affairs Council conclusions on the future partnership priorities and compacts with Jordan and Lebanon of 17 October 2016, |
— |
having regard to the Declaration of the High-Level Conference on the Eastern Mediterranean/Western Balkans route of 8 October 2015, |
— |
having regard to the Political Declaration and Action Plan of the Valletta Summit of 11-12 November 2015, |
— |
having regard to the conclusions of the Bratislava Summit of 16 September 2016, |
— |
having regard to the European Court of Auditors Special Report (9/2016) on ‘EU external migration spending in Southern Mediterranean and Eastern Neighbourhood countries until 2014’, |
— |
having regard to the UN Convention and Protocol relating to the Status of Refugees, and to the core international human rights conventions, the European Convention on Human Rights and the EU Charter of Fundamental Rights, |
— |
having regard to the Geneva Conventions and their Additional Protocols regulating the conduct of armed conflict and seeking to limit its effects, |
— |
having regard to the outcome document of the United Nations Summit on Sustainable Development of 25 September 2015 entitled ‘Transforming our world: the 2030 Agenda for Sustainable Development’, |
— |
having regard to the New York Declaration for Refugees and Migrants of the United Nations General Assembly High-Level Meeting to Address Large Movements of Refugees and Migrants of 19 September 2016 and the annexes thereto on a ‘Comprehensive refugee response framework’ and ‘Towards a global compact for safe, orderly and regular migration’, |
— |
having regard to its previous resolutions, in particular those of 9 July 2015 on the review of the European Neighbourhood Policy (1), of 8 March 2016 on the situation of women refugees and asylum seekers in the EU (2), of 12 April 2016 on the situation in the Mediterranean and the need for a holistic EU approach to migration (3), of 13 September 2016 on the EU Trust Fund for Africa: implications for development and humanitarian aid (4), and of 25 October 2016 on human rights and migration in third countries (5), |
— |
having regard to Rule 52 of its Rules of Procedure, |
— |
having regard to the joint deliberations of the Committee on Foreign Affairs and the Committee on Development under Rule 55 of the Rules of Procedure, |
— |
having regard to the report of the Committee on Foreign Affairs and the Committee on Development and the opinions of the Committee on Budgets and the Committee on Civil Liberties, Justice and Home Affairs (A8-0045/2017), |
A. |
whereas migration is a human right enshrined in Article 13 of the UN Declaration of Human Rights; whereas people should have the right to live their lives in their home country and in the region in which they have been born and grown up and where they have their cultural and social roots; |
B. |
whereas human mobility is at an unprecedentedly high level, with 244 million international migrants, owing to various reasons, migrating both voluntarily and involuntarily; whereas such international migration occurs primarily within the same region and between developing countries; whereas, according to the International Organisation for Migration (IOM), migrant women make up the majority of international migrants in Europe (52,4 %) and North America (51,2 %); whereas South-South migration flows have continued to grow compared to South-North movements: in 2015, 90,2 million international migrants born in developing countries resided in other countries in the Global South, while 85,3 million born in the South resided in countries in the Global North; |
C. |
whereas an ever-increasing number of unaccompanied minors are crossing the Mediterranean, and, despite the increasing number of rescue operations, the number of deaths in the Mediterranean is still on the rise (5 079 for 2016 as against 3 777 for 2015, according to the IOM); |
D. |
whereas according to the Office of the United Nations High Commissioner for Refugees (UNHCR), in 2015 a record-high number of 65,3 million people — including 40,8 million internally displaced persons (IDPs) and 21,3 million refugees — remain forcibly displaced because of conflicts, violence, human rights violations, violations of international humanitarian law and destabilisation; whereas this has occurred in addition to those displaced on account of natural disasters, inequalities, poverty, poor socio-economic prospects, climate change, the lack of serious and effective long-term development policies and the lack of political will to firmly tackle the structural problems underpinning those migration flows; whereas, according to the UNHCR, there are at least 10 million stateless persons; |
E. |
whereas the current data available reveal that the number of refugees has increased by more than 50 % in the last five years; whereas this staggering increase is explained by a number of elements, including the fact that the voluntary repatriation of refugees has been at its lowest level since the 1980s, that the number of refugees offered local integration possibilities remains limited, and that resettlement numbers are steady at around 100 000 annually; |
F. |
whereas 6,7 million refugees are living in protracted displacement situations — estimated to last about 26 years on average — with a total lack of prospects; whereas durable solutions to displacement remain unacceptably low, which makes it necessary to view forced displacement as a political and development challenge, not an exclusively humanitarian one; |
G. |
whereas this global challenge requires a holistic and multilateral approach based on international cooperation and synergies, as well as coordinated and concrete solutions which should not be only reactionary but anticipate possible future crises; whereas 86o% of the world’s refugees live in impoverished regions, with least developed countries hosting 26 % of the total and thus suffering from stretched capacities and further destabilisation of their own social and economic cohesion and development; whereas those countries only very rarely have instruments to protect migrants’ rights, and do not even have instruments in the field of asylum; whereas the million people who arrived in the EU in 2015 represented 0,2 % of the EU population, compared with much higher percentages (up to 20 %) in neighbouring countries or in Europe during the 1990s; |
H. |
whereas refugees, internally displaced persons and migrants are legally distinct categories but in reality often large-scale mixed movements of people occur because of a variety of political, economic, social, developmental, humanitarian and human rights implications that cut across borders; whereas the human dignity of all the people involved in these movements must be at the centre of all European policies concerning such matters; whereas, moreover, refugees and asylum-seekers must always be treated in accordance with their status and under no circumstances should they be denied the benefit of the rights stemming from the relevant international conventions and the Charter of Fundamental Rights of the European Union; whereas the legal distinction between refugees and migrants should not be taken to indicate that migration for economic reasons or for seeking a better life is less legitimate than for fleeing persecution; whereas in most cases both political and economic rights, among other core human rights, are threatened in situations of conflict, instability or unrest and continue to be challenged as a result of forcible displacement; |
I. |
whereas the ongoing food and nutrition crisis in the Sahel causes the erosion of people’s resilience, aggravated by the rapid succession of crises, the absence of basic services and the conflicts in the region; whereas this situation will cause further migration; |
J. |
whereas at each stage of their journey, migrants are exposed to all kinds of physical and psychological dangers, including violence, exploitation, trafficking and sexual and gender-based abuse; whereas this is particularly the case for vulnerable people, such as women (e.g. women heads of household or pregnant women), children — whether unaccompanied, separated or accompanied by their families — LGBTI people, people with disabilities, people in need of urgent medical treatment and the elderly; whereas these vulnerable groups should be urgently granted humanitarian protection and access to protection and referral mechanisms, to residence status and to basic services including healthcare as part of their resettlement or while their applications for asylum are being considered in accordance with applicable law; |
K. |
whereas the increase in human mobility, if managed in a safe, orderly, regular, responsible and pre-emptive manner, can mitigate migrants’ and refugees’ exposure to harm, can provide significant benefits to host countries and migrants alike, as recognised by the 2030 Agenda, and can also act as a great factor of growth for host countries, including the EU; whereas these benefits are often largely underestimated; whereas the EU must produce workable solutions, including making use of foreign workers, in anticipation of increasing European population ageing, in order to guarantee a balance between persons in remunerative work and non-active populations and to meet specific labour-market needs; |
L. |
whereas the EU response has mobilised different internal and external instruments, but appears to have been excessively focussed on the short term and on reducing or stopping movements; whereas this short-term approach addresses neither the causes of forced displacement and migration nor the humanitarian needs of migrants; whereas further improvements are needed in the EU response on crisis management and conflict prevention tools, as violent conflicts constitute the main root cause of forced displacement; |
M. |
whereas the European Court of Auditors has expressed serious doubts about the effectiveness of the EU’s external migration spending, including on projects regarding the human rights of migrants; whereas the Court also found that security and border protection were the predominant element in European migration spending; |
N. |
whereas humanitarian aid based on needs and respect of the principles of humanity, neutrality, impartiality and independence, as well on compliance with international humanitarian law and the human rights provided by the Geneva Conventions and the additional protocols thereto, must be at the core of all EU external action; whereas aid independence — i.e. aid that is free from any political, economic or security considerations or any type of discrimination — must prevail; |
O. |
whereas the successful implementation of a human rights-based migration policy requires challenging negative perceptions of migration and the development of positive narratives to depict migration movements as an opportunity for host countries, in order to counter extremism and populism; |
P. |
whereas the EU has a responsibility to support its implementing partners in carrying out rapid, effective and high quality assistance and protection, and should be accountable to the populations affected; whereas, in that regard, the EU’s partners require timely and predictable funding, and decisions on the allocation of funding for changing or new priorities should allow them sufficient time for planning and mitigation measures; |
Q. |
whereas decentralised cooperation can help in gaining a better grasp of the needs and cultures of IDPs, migrants and refugees and raise awareness among the local population about the challenges faced by migrants in their countries of origin; whereas local and regional European governments can play a key role in helping address these root causes, through capacity-building; |
R. |
whereas Article 21 of the Treaty on European Union explicitly states that the ‘Union's action on the international scene shall be guided by the principles which have inspired its own creation, development and enlargement, and which it seeks to advance in the wider world: democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity, and respect for the principles of the United Nations Charter and international law’; whereas, according to Article 208 of the Lisbon Treaty, development assistance aims at reducing and eventually eradicating poverty in third countries; |
Comprehensive and principled EU action to respond to mobility challenges
1. |
Underlines that in today’s world we are witnessing an unprecedented level of human mobility, and stresses that the international community must urgently undertake the strengthening of a common response to address the challenges and opportunities that this phenomenon represents; stresses that this response must be founded on the principle of solidarity and should not focus only on a security-based approach, but be guided by the full protection of the rights and dignity of everyone forced by any circumstance to leave their homes in search of a better and safer life; emphasises that any response should pay particular attention to those who are most vulnerable and include the provision of assistance in their home country; underlines that, though their treatment is governed by separate legal frameworks, refugees and migrants have the same universal human rights and fundamental freedoms, which need to be safeguarded regardless of their legal status; recalls that the EU must abide by its values and principles in all common policies and promote them in its external relations, including those set out in Article 21 of the Treaty on European Union; highlights the need for consistency in the EU’s external policies and other policies with an external dimension; |
2. |
Stresses that this high level of human mobility arises from multiple complex causes that require evidence-based decisions to differentiate its elements and develop targeted policy responses; underlines the need for the EU and its Member States to take this current reality into account and to develop a new approach to the movement of people based on real data and the EU’s interests, by fostering the resilience of people and increasing their access to basic services, notably education, and their integration and contribution to local contexts by providing opportunities for employment and self-employment; |
3. |
Stresses that international migration can contribute to socioeconomic development, as it has done historically, and that the narrative employed in relation to this must be a positive one that promotes a genuine and objective understanding of the issue and of the related common benefits, in order to counter xenophobic, populist and nationalistic discourses; welcomes, therefore the ‘Together’ campaign launched by the UN to reduce negative perceptions and attitudes towards refugees and migrants and calls on the EU institutions to fully cooperate with the UN in support of this campaign; highlights the need to adopt global, European, national and local policies focused on the medium and long term and not exclusively guided by immediate political pressures or national electoral considerations; stresses that these policies must be coherent, meaningful, inclusive and flexible with the aim of regulating migration as a regular human phenomenon and addressing legitimate concerns regarding border management, social protection for vulnerable groups and the social inclusion of refugees and migrants; |
4. |
Stresses that the humanitarian aid system is extremely overstretched and that its financial resources will never be sufficient to respond to forced displacement crises, particularly given the protracted nature of a majority of them; takes note therefore of the new policy framework outlined in the Commission communication on ‘Forced Displacement and Development’ of April 2016 as a step in the right direction and calls on the EEAS and the Commission to implement its content within the new Partnership Framework with third countries; notes the importance of a comprehensive and more sustainable approach on migration, including the promotion of closer humanitarian-development links and the need to engage with different partners — regional actors, governments, local authorities, the diaspora, civil society, including refugee and migrant organisations, local religious organisations and relevant NGOs, and the private sector — to develop targeted evidence-based strategies to tackle this challenge while recognising that humanitarian aid is not a crisis management tool as stated in the EU Consensus for Humanitarian Aid; |
5. |
Stresses that EU development cooperation should continue to address and effectively tackle the root causes of forced displacement and migration — namely armed conflict, persecution on any grounds, gender-based violence, bad governance, poverty, lack of economic opportunities and climate change — by combating state fragility, by promoting peace and security, conflict resolution and post-conflict reconciliation processes, justice, and equity, and by strengthening institutions, administrative capacity, democracy, good governance, the rule of law and respect for human rights and fundamental freedoms, in line with Sustainable Development Goal 16 in the new 2030 Agenda and the principles laid down in the United Nations Charter and international law; |
6. |
Highlights the need to focus on the socioeconomic aspects of the migration phenomenon, to carry out the necessary analyses per country of the root causes of forced displacement and migration, and to encourage the countries of origin to adopt and implement measures and policies that lead to the creation of decent jobs and real economic opportunities in order to make migration a choice and not a necessity; calls on the EU to continue policies that seek to reduce and ultimately eradicate poverty, combat inequality and food insecurity, promote economic development, fight corruption and strengthen basic public services; notes that a successful policy should recognise the need to create economic resilience in both host and origin countries; underscores the need to improve policy coherence for development (PCD); |
7. |
Underlines that jobs and economic opportunities are critical to mitigating the impact of displacement-induced vulnerabilities; calls on the EU to help migrants and refugees to move to places offering such opportunities, to help create opportunities in their place of exile (including by removing the barriers and obstacles impeding access to the labour market) and to help them develop new skills more attuned to the needs of the local labour market; |
8. |
Welcomes the EU’s commitment to humanitarian assistance — as the world’s largest donor — with the aim of improving the living conditions of refugees; urges the EU and its Member States to fulfil the pledges already made and to increase their financial commitments in line with the rise in humanitarian needs; notes that the humanitarian response will always be the first element of any response to displacement crises; stresses that international law and the humanitarian principles of humanity, neutrality, impartiality and independence need to remain the guiding framework for the EU’s humanitarian response to refugee and forced displacement crises; |
9. |
Recognises that the rights and dignity of millions of fellow human beings will be further diminished if they languish in refugee camps or on the margins of cities without access to basic needs, livelihoods and income opportunities; |
10. |
Stresses the importance of recognising the gender dimension of migration, which encompasses not only women’s vulnerability to all kinds of abuse, but also the multiple reasons for migration, their role in responding to emergencies, their socioeconomic contributions and their active participation in conflict resolution and prevention, as well as in post-conflict processes and the rebuilding of a democratic society; notes that a focus on women’s empowerment and their greater role as decision-makers is central to addressing the deeper causes of forced displacement and to ensuring respect for women’s rights and their autonomy at every stage of the migration process; reiterates that it is necessary to apply a gender and age perspective to EU policies on refugee and migrant movements; |
11. |
Calls for increased cooperation with the UN and other actors, including increased financial contributions for UNHCR and UNRWA; stresses, in this context, the need to improve living conditions in refugee camps, especially in terms of health and education, and to gradually end dependence on humanitarian assistance in existing protracted crises by fostering resilience and enabling the displaced to live in dignity as contributors to their host countries, until their possible voluntary return or resettlement; |
12. |
Highlights the important steps taken by the EU to tackle the external dimension of the migration crisis, particularly the fight against organised crime responsible for migrant smuggling and human trafficking and the enhanced cooperation with the countries of origin and transit; |
13. |
Stresses the need to establish a framework and make appropriate arrangements in countries of origin for receiving vulnerable and marginalised returned migrants in a dignified way and enabling them to integrate successfully in socio-cultural terms; |
14. |
Recalls that vulnerable groups, including women, minors (both accompanied by their families and unaccompanied), people with disabilities, the elderly and LGBTI people, are particularly exposed to abuse at all stages of the migration process; recalls that women and girls are, in addition, at great risk of gender and sexual-based violence and discrimination, even once they have reached places deemed secure; calls for these groups to be given special assistance and greater humanitarian protection as part of their resettlement or integration process, and to be prioritised in gender-sensitive reception procedures with a greater adherence to minimum standards and more efficient family reunification provisions; calls for particular safeguards for vulnerable people against violence and discrimination during the asylum process, and for them to be provided with access to residence status and basic services, including health care and education, in accordance with applicable law; calls on the European Union to develop training programmes in its cooperation with third countries related to the specific needs of vulnerable refugees and migrants; |
15. |
Emphasises that children make up a significant proportion of migrants and refugees, and specific procedures must be developed and put in place to ensure their protection in line with the UN Convention on the Rights of the Child; calls on host countries to ensure that refugee children are given full access to education and to promote as far as possible their integration and inclusion in national education systems; calls also on the humanitarian and development communities to pay more attention to the education and training of teachers from both displaced and host communities, and on international donors to prioritise education when responding to refugee crises, through programmes aimed at involving and psychologically supporting migrant children, as well as promoting learning of the host country’s language in order to ensure the better integration of refugee children; welcomes the financial support to provide more education and training for Syrian children and the recent increase in the education spending share of the EU humanitarian aid budget from 4 % to 6 %, making the EU a leader in supporting education projects in emergency situations around the world; calls for greater effectiveness in the implementation of this new funding; |
16. |
Recognises statelessness as a significant human rights challenge; asks the Commission and the EEAS to fight statelessness in all EU external action, in particular by addressing discrimination in nationality laws on the basis of gender, religion or a minority status, by promoting children’s right to a nationality and by supporting the UN Refugee Agency (UNHCR) campaign aimed at ending statelessness by 2024; condemns the restrictions and prohibitions on persons leaving or returning that are imposed in certain states, and the effects of statelessness on access to rights; calls on national governments and parliaments to abolish punitive legal frameworks that treat migration as an offence; |
17. |
Underlines that, in line with EU principles, one overall objective of the EU’s external migration policies should be to establish a multilateral governance regime for international migration, for which the recent UN High-Level Meeting is a first step; |
Better managed international migration: a global responsibility
18. |
Expresses strong concern about the recent decision by the US administration to temporarily ban citizens of seven Muslim-majority countries from entering the US and to temporarily suspend the US refugee system; believes that this kind of discriminatory decision fuels anti-immigration and xenophobic discourses, may not be in accordance with the principal international law instruments, such as the Geneva Convention, and can seriously undermine current global efforts towards a fair international sharing of responsibilities for refugees; calls on the EU and its Member States to take a strong common stance in defending the international protection system and the legal security of all affected populations, particularly EU citizens; |
19. |
Welcomes the UN General Assembly High-Level Meeting to Address Large Movements of Refugees and Migrants of 19 September 2016 and the hosting of the Leaders’ Summit by the USA, as migration flows are a global responsibility which demand an effective global response and enhanced cooperation between all stakeholders to achieve a sustainable solution fully respecting human rights; welcomes the outcome of these summits as the expression of a genuine political commitment of unprecedented force, and hopes that this will urgently initiate the path towards a truly global response and the international sharing of responsibilities for refugees and large migration movements throughout the world; deeply regrets however the lack of specific pledges or legally binding commitments in terms of aid or reform, which are needed to close the current gap between rhetoric and reality; calls on all the parties involved to ensure continued, urgent and effective political engagement and cooperation, the exchange of knowledge and experience with partner countries, civil society organisations and local authorities, and funding and concrete acts of solidarity in support of host countries; underlines the need for more coordination between the EU and its international partners at UN level to address migration challenges; calls on the EU and its Member States to take the lead in international efforts, particularly as regards ensuring that the agreements — including the future UN compacts on refugees and on safe, orderly and regular migration — are swiftly put into practice, and by establishing follow-up mechanisms as needed; |
20. |
Stresses that global cooperation on migration and mobility should be built upon regional and sub-regional frameworks; calls on the EU to strengthen cooperation plans with regional organisations such as the African Union, League of Arab States and Gulf Cooperation Council to also promote the management of intra-regional mobility, and underlines the need to encourage these regional organisations to fully engage in this cooperation; notes that the economic integration of sub-regional entities, particularly in Africa, offers a further means of promoting a joint-management approach and encouraging South-South initiatives on migration management and mobility; urges the EU to seek a stronger and more credible role for the African Union in preventing political crises in Africa; |
21. |
Underlines that the EU can benefit from closer cooperation and synergy with multilateral development banks and specialised UN bodies, in particular the UNHCR and the now UN-related International Organisation for Migration (IOM); takes note of the recent ideas put forward by the World Bank on the situation of forcibly displaced people and welcomes the recognition of the need to develop mitigation and asylum policies that support forcibly displaced people to integrate and, at same time, oblige the host communities to meet their development goals; |
22. |
Underlines that the resettlement of forcibly displaced persons is a pressing responsibility of the international community, in which UNHCR plays an important role; calls on EU Member States to fully respect their own pledges; considers it crucial to implement as a matter of urgency a coordinated and sustainable response that ensures fair and accessible procedures for people in need of international protection to be granted asylum in the European Union and other receiving countries, instead of leaving the responsibility primarily to the front-line states or countries neighbouring conflict zones; highlights the fact that financial support is outpaced by the scope and scale of displacement, compounded by the lack of appropriate and effective solutions to address the root causes of this forced displacement; |
23. |
Highlights the international law obligations regarding refugees and calls on all countries which have not yet done so to ratify and implement the Refugee Convention and its Protocol; calls on all countries to expand protection to internally displaced persons, as is the case in mechanisms such as the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention); |
24. |
Underlines that the concepts of safe countries and safe countries of origin should not prevent individual assessments of asylum applications; calls for the collection of specialised, detailed and regularly updated information on the rights of people, especially women, children, disabled and LGBTI people, in the countries of origin of asylum-seekers, including those countries which are considered to be safe; |
25. |
Stresses that everything possible must be done to guarantee refugees a humane living environment within Member States and in refugee camps, particularly with regard to healthcare, the opportunity to receive an education, and the opportunity to work; |
26. |
Underlines the need to boost opportunities for education; calls for the harmonisation of qualification recognition policies and the protection of migrant workers’ rights and social security coverage in line with core ILO conventions; calls for the signature and ratification of the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families; |
27. |
Considers that temporary or subsidiary protection based on the assumption that refugees will return home as early as possible creates a lack of prospects and of opportunities for integration; recalls the importance of the positive role that refugees can play in the reconstruction of their societies upon returning to their countries or from abroad; |
28. |
Condemns the dramatic numbers of migrant deaths in the Mediterranean Sea and expresses its concern about the growing numbers of human rights abuses perpetrated against migrants and asylum-seekers on their route to Europe; |
29. |
Voices serious concern at the number of unaccompanied minors who have disappeared; calls on the Commission and the Member States to set up a database containing details of the unaccompanied minors who have entered Member States; |
30. |
Stresses the need to find durable diplomatic and political solutions to violent conflicts and to invest in effective early warning and conflict prevention mechanisms to reduce them in the future; calls for the EU to initiate concerted diplomatic efforts with international partners and key regional powers and organisations in order to take a stronger and more proactive role in the field of conflict prevention, mediation, resolution and reconciliation and to secure the right of people to stay in their home countries and regions; underlines that this should be at the core of the activities of the EEAS which should be endowed with the necessary resources and powers to make that possible, including in terms of budget and staffing; points out that the EU delegations and the special representatives have a fundamental role to play in this respect; stresses that the response to forced displacement and migration should be needs and rights-based and take account of the population’s vulnerabilities and should not be limited to humanitarian assistance but also involve development and civil society actors; |
31. |
Calls on the EU and Member States to take their responsibilities seriously concerning the challenge of climate change, to swiftly implement the Paris Agreement and to take a leading role in recognising the impact of climate change on mass displacement, as the scale and frequency of displacements are likely to increase; calls in particular on the EU to put sufficient means at the disposal of countries affected by climate change in order to help them to adapt to its consequences and to mitigate its effects; emphasises that this must not occur at the expense of traditional development cooperation aimed at reducing poverty; takes the view that persons displaced by the effects of climate change should be given a special international protection status which takes account of the specific nature of their situation; |
32. |
Commends the work, despite all the difficulties and dangers they face, of local and international NGOs and civil society organisations in delivering urgent and — in many cases — life-saving assistance to the most vulnerable in the countries of origin, transit or destination of refugees and migrants; points out that this work has, in many cases, filled the gap left by states and the international community at large; |
33. |
Considers it crucial to overcome the current narrative on refugees who are depicted only as a burden, and stresses the positive contributions they can make, if given the chance, to their host communities; recommends that refugees be involved in the definition and design of the political answers that affect them directly, and in creating or strengthening the necessary programmes; calls on the European institutions and agencies to launch traineeships within their administrations especially targeted at young graduate refugees legally residing within the European Union as a way to lead by example and demonstrate the benefits of investing in the young generation; |
EU external action and partnerships with third countries
34. |
Stresses that EU external action should be peace-oriented, proactive and forward-looking, instead of mainly reactive, with changing objectives in response to new crises; supports closer cooperation between the EU and third countries in the fields of security, education and information exchanges, in order to improve migration management and avoid new crises; recalls that the migration phenomenon stems from a complex set of causes such as a growing population, poverty, lack of opportunities and insufficient job creation, political instability, the violation of human rights, political oppression, persecution, military conflicts and other forms of violence, and climate change; recalls that addressing these problems can reduce the drivers of forced displacement and migration in the first place; underlines the essential need to reinforce policy coherence at two levels: between internal and external EU policies, and — within external action itself — between enlargement policy, the European neighbourhood policy and bilateral relations with EU strategic partners, as well as development and trade policies; considers that trade policy with developing countries should be mutually beneficial, while taking proper account of the economic disparities between these countries and the EU; emphasises the importance of the Commissioners’ Group on External Action in coordinating EU migration actions at the highest political level and giving impetus to an ambitious EU common migration policy; |
35. |
Stresses the need to put in place a comprehensive approach to external conflict and crises by mapping the direct and indirect economic, environmental, social, fiscal and political impacts of displacement on third countries in order to better adjust development policies to their needs; |
36. |
Points out that the review of the European Neighbourhood Policy (ENP), put forward on 18 November 2015, includes plans to involve third countries that are neighbours of the EU’s neighbourhood partner countries in the context of extended cooperation frameworks; urges, therefore, that thematic frameworks be set up to offer cooperation between the Union, the Southern neighbourhood partner countries and key regional players, especially in Africa, on regional issues such as security, energy and the management of refugees and migratory flows; |
37. |
Reiterates the ‘more for more’ principle as the basis of the EU’s foreign policy under which the EU should develop ever closer (financial) partnerships with those countries making progress in the field of democratic reform; underlines that a focus on improving the quality of life of people in third countries should be one of the priorities of the EU’s foreign policy; |
38. |
Calls on the VP/HR, in cooperation with the Member States, to work on building state, economic and societal resilience, in particular within the EU’s neighbours and in wider surrounding regions, including through the European Neighbourhood Policy and other EU instruments; |
39. |
Condemns the increasing criminalisation of migration at the expense of the human rights of the people concerned, and the ill-treatment and arbitrary detention of refugees in third countries; calls on the VP/HR and the EEAS to address this issue, including in the course of its human right dialogues and in justice, freedom and security subcommittees, and to develop protection capabilities in third countries of transit; |
40. |
Calls for the establishment of a genuine, human rights-based common European migration policy based on the principle of solidarity among Member States as enshrined in Article 80 TFEU, with the securing of the EU’s external borders and adequate legal channels for safe and orderly migration, including circular migration, as a sustainable long-term policy to promote growth and cohesion within the EU, in order to set a clear framework for EU relations with third countries; calls on the Commission and the Council to strengthen the European Blue Card scheme to better manage economic migration; warns that any policy that might contradict the EU’s core values, as enshrined in Article 8 TEU and in the Charter of Fundamental Rights, would damage the EU’s credibility and its capacity to influence developments internationally; notes that the EU’s external migration policies need agreements with third countries to be guided by long-term objectives with the aim of establishing durable partnerships; recalls that any such partnerships should be based on dialogue, common interests and mutual ownership; welcomes the EU Action Plan against migrant smuggling (2015-2020) which envisages closer cooperation with third countries, but underlines that the implementation of a common EU legal migration policy would play a crucial role in breaking the business model of smugglers and tackling human trafficking; calls on the Commission to bring the existing EU acquis fully in line with the UN Smuggling Protocol and to ensure adequate protection for migrants who are victims of violence or abuse; |
41. |
Calls for all agreements concluded with third countries to guarantee that the rights of migrants, whatever their status, are in keeping with international law, and calls for the adoption of relevant legislation, including asylum legislation, stating, in particular, that the irregular crossing of a border cannot be deemed to be grounds for imprisoning someone; |
42. |
Reiterates the importance of cooperation with third countries in the fight against human trafficking and smugglers so that networks can be tackled as far upstream as possible; stresses in this regard the need to strengthen judicial and police cooperation with those countries in order to identify and dismantle the networks; recalls, furthermore, the need to build up the capacities of those countries so that they can pursue and sanction those responsible in an effective manner; calls, therefore, for cooperation between the European Union, the Member States, Europol, Eurojust and the third countries concerned to be encouraged; reaffirms that measures taken against human trafficking should not adversely affect the rights of victims of trafficking, migrants, refugees and persons in need of international protection; calls for an immediate end to the detention of victims of human trafficking and children; |
43. |
Points out that human trafficking and smuggling networks make full use of the internet in carrying out their criminal activities, and that it is therefore vital for the European Union to step up its action, particularly within Europol and the Internet Referral Unit, as well as its cooperation with third countries in this regard; |
44. |
Points out that traffickers may use legal migration routes to bring their victims to Europe; considers that the criteria that third countries are required to meet prior to any visa liberalisation agreement with the European Union ought specifically to include the cooperation of those third countries in combating human trafficking; calls on the Commission to pay special attention to both that issue and the issue of the fight against smugglers in all dialogue relating to negotiations on such agreements; |
45. |
Welcomes the approach that the EU should set itself clear priorities and measurable objectives for any common policies and especially in dealing with third countries; underlines that Parliament should participate in the setting up of these clear objectives; considers that EU external action based on a common approach will be the only way to ensure a stronger and effective policy; calls for real unified and coordinated action between the EU and the Member States, as unilateral initiatives — whether in internal or external affairs — can undermine the viability and success of our common policies and interests; |
46. |
Calls for better protection of the EU’s external borders with the goal of preventing irregular entry into the EU, tackling human smuggling and preventing loss of life at sea; welcomes, in this context, the creation of the European Border and Coast Guard, building on Frontex, as this will help to manage migration more effectively; stresses, nevertheless, the need for more financial and technical help for border protection for all South-eastern EU Member States, EU candidate countries and other partner countries in the region; regrets, in particular, the lack of parliamentary scrutiny over the external activities of the European Border and Coast Guard Agency, and calls therefore for the agency to systematically report to Parliament on the implementation of its working arrangements and joint operations with third countries in conjunction with civil society; |
47. |
Stresses that the opening up of safe and legal channels to asylum-seekers and potential migrants would allow them to use formal entry and exit channels, thus denying business to human traffickers and associated organised crime networks; stresses that the lack of legal avenues for migration often leads to an increase in irregular methods of mobility, which translates in turn into greater vulnerability and the risk of abuse during all stages of the migratory and refugee movement; calls, in this respect, for the urgent, specific and tangible establishment of organised, safe and legal avenues to the EU as a whole through, inter alia, more effective family reunification arrangements and resettlement programmes; reiterates also its call on the Member States to make use of any existing possibilities to provide humanitarian visas, particularly for vulnerable persons and especially unaccompanied minors, at Union embassies and consular offices in countries of origin or transit; calls for the Common European Asylum System to also allow requests for asylum, as well as the processing of asylum claims, to take place outside the EU or at the EU’s external borders; calls for EU support in setting up humanitarian corridors when dealing with severe refugee and displacement crises, with the aim of providing humanitarian aid and ensuring that the most basic needs of these refugees are covered and their human rights are respected; notes the Commission’s proposal regarding the establishment of an EU framework on resettlement, but calls for work to continue at EU level on the creation and strengthening of legal routes that would be complementary to resettlement; |
48. |
Takes note of the new Partnership Framework with third countries, viewing it as a signal of real political action, especially as it aims, with its two-pronged approach, to include short-term objectives, such as saving lives in the Mediterranean and increasing the rate of returns to countries of origin and transit, as well as long-term objectives, such as tackling root causes of irregular migration and forced displacement through reinforced EU support to third countries for capacity building and by advancing their political, social and economic situation; stresses that the success of the approach outlined in the communication of June 2016 depends on the EU’s capacity to offer real, commonly agreed incentives to third countries of transit and origin, and is concerned by the limited offer mainly focused on border management or Assisted Voluntary Return schemes, which — while essential and needed — constitute only a short-term partial response to an extremely complex situation; stresses that the new partnership frameworks must not become the only pillar of EU action on migration and points to the need to balance and complement this response, focusing on the development of local economies, qualification and regional mobility and improved levels of protection in countries of transit and origin; |
49. |
Recalls the importance of a balanced approach in the new Partnership Framework; warns against any quantitative approach in the new Partnership Framework and the related ‘migration compacts’, which would consider the ‘measurable increases in the number and rate of returns’ as the EU’s main goal; points out that the number of returns clearly depends on the nature of migration flows and on the situations in the countries of origin; stresses that the short-term objectives of the compacts should focus on how best to address the challenges faced by third countries, including by developing legal migration channels, as a result of which the levels of irregular migration and death tolls in the Mediterranean will decrease; calls for the scholarships available for young people from third countries to be increased; welcomes the fact that EU programmes on return and reintegration support capacity building and the improvement of migration management in the countries of transit and origin; calls for an assessment of the implementation of the EU’s return policy; points out the need for third countries to meet their obligations under readmission agreements; |
50. |
Stresses the need to build close partnerships with EU candidate and potential candidate countries from the Western Balkans region on issues of migration and to provide the necessary support and cooperation in managing migration flows in the region; |
51. |
Calls for mobility partnerships and circular migration agreements to facilitate the movement of third-country nationals between their countries and the EU and to sustain the socio-economic development of both parties; |
52. |
Stresses that, in the framework of its training activities and exchange of best practices with third countries, the EU should focus on relevant EU and international law and practice, particularly on fundamental rights, access to international protection and search and rescue operations, as well as better identification of and assistance to vulnerable persons; believes that this applies in particular to training in border management, which, in keeping with international law, should in no way be used as a way of preventing people from leaving their country; |
53. |
Calls for the utmost vigilance to be shown as regards the treatment of migrants who are sent back to their country of origin or to a third country; takes the view that any dialogue on return and readmission — particularly in respect of readmission agreements — should systematically address the issue of the safe return and reintegration of migrants; emphasises that migrants should enjoy full security and protection against degrading and inhumane treatment, including in detention centres, and that the EU must support reintegration programmes; points out that no one should forcibly be sent or returned to countries in which their life or liberty may be threatened on grounds of their origin, religion, nationality, membership of a certain social group or political opinions, or where they face a risk of torture, degrading treatment and human rights violations in general; points out that mass expulsions and refoulement are prohibited under international law; |
54. |
Encourages those responsible in the field of foreign and development policy to ensure that people who are returned are treated properly and that their integrity is preserved; calls on the Commission and the Member States to draw up flanking programmes to ensure that practical assistance programmes are carried out in the countries of origin that comprise both vocational training measures and programmes aimed at building economic structures, including start-ups and small businesses, alongside professional and academic exchange programmes with the Member States; |
55. |
Underlines that partnership agreements such as mobility partnerships should ensure that migrants can be safely received in countries of transit and origin, in a manner entirely consistent with their fundamental rights; stresses that Parliament has a clear say in EU readmission and mobility agreements, as stated in the Lisbon Treaty (Article 79(3) TFEU), and specifically emphasises that Parliament must give its prior consent to the conclusion of association and similar agreements (Article 218(6)(v) TFEU) and must be immediately and fully informed at all stages of the procedure (Article 218(10) TFEU); |
56. |
Reiterates Parliament’s position, as expressed in its resolution of 12 April 2016, favouring EU readmission agreements over bilateral agreements concluded by Member States with third countries; points out that a new European document for returns has recently been drawn up, and stresses the need to systematically promote the recognition of that document in any new readmission agreement; |
57. |
Welcomes the high-level dialogues carried out by the VP/HR and the Commission, and in some cases by Member States on behalf of the EU as a whole, as good and effective practices fostering coordination; stresses that coordination should be undertaken by the Commission and the EEAS; calls on the Commission and the EEAS to keep Parliament regularly informed of these dialogues and to report on the exact operational implementation of the Rabat and Khartoum processes and the priority initiatives agreed at the Valletta Summit; points out again that the shared ownership of partnerships concluded between the EU and third countries is a prerequisite for the success of EU migration policy; regrets that the packages designed for priority countries as part of the new Partnership Framework, by the Commission, the EEAS and the Member States, have neither been presented, debated, nor endorsed by the elected representatives of European citizens; condemns this lack of transparency and demands the involvement of Parliament in the development of the migration compacts and the scrutiny of their implementation, which must ensure the full respect of human rights, international humanitarian law and the EU Treaty commitments on development; |
58. |
Notes that fulfilling the objectives of the 2030 Agenda for Sustainable Development requires that the EU and partner countries integrate well-managed migration dynamics into their respective sustainable development strategies; calls, in this connection, on the Commission and the EEAS to help transit countries draw up migrant integration strategies and set up asylum systems with high standards of protection; |
59. |
Underlines that EU assistance and cooperation must be tailored to achieving development and growth in third countries — thereby also fostering growth within the EU — and to reducing and eventually eradicating poverty in line with Article 208 of the TFEU, and not to incentivising third countries to cooperate on readmission of irregular migrants, to forcibly deterring people from moving, or to stopping flows to Europe; recalls that both donors and the governments of aid-receiving countries must work to improve the effectiveness of aid; notes that migration flows are an international reality and should not become an indicator of the performance of the EU’s external migration policies, and that agreements with third countries need to be guided by long-term objectives and by establishing durable partnerships and the respect for human rights; |
60. |
Stresses the importance of consulting civil society in the framework of all the EU’s external policies, paying particular attention to full participation, transparency and proper dissemination of information on all migration-related policies and processes; |
61. |
Calls on the Commission to cooperate closely with NGOs and experts working in the countries of origin of asylum-seekers in order to map out the best possible ways of assisting individuals and social groups in the most vulnerable situations; calls on the Commission to involve NGOs and experts in the countries of origin of asylum-seekers to find the best functioning conflict-prevention mechanism and tools; |
62. |
Stresses that in order to avoid duplication of effort, maximise the impact and effectiveness of global aid and ensure that the main focus is on development, the Commission should maintain a strong dialogue with local and international NGOs, civil society and local governments in partner countries, as well as with the UN, on the design, implementation and evaluation of migration, displacement and refugee policies; |
63. |
Draws attention to the intention to revise development cooperation programming documents to deliver on the new migration compacts; stresses that this revision needs to be carried out in line with development effectiveness principles and in dialogue with partner countries, European and local civil society organisations and the private sector; calls for Parliament to be fully involved at all stages of the revision, including programming documents under the European Development Fund (EDF); calls on the Member States to overhaul their development assistance, in line with the 0,7 % of GNI commitment, with a view to achieving the sustainable development goals; |
64. |
Calls for a balanced discussion to take place between the EU and its external partners; recommends that the EU and its Member States commit to providing increased legal migration opportunities to the EU, be it for seeking protection, for employment and educational purposes, or for family reunification; |
65. |
Calls on the Member States and the Commission to take all the necessary measures to promote the faster, cheaper and safer transfer of migrant remittances in both source and recipient countries, including through a reduction in transaction costs as stipulated in the New York Declaration for Refugees and Migrants of 19 September 2016; |
66. |
Is extremely concerned by the continuing conflict in Syria, in which violence against civilians, attacks on civilian infrastructure and hospitals and violations of international humanitarian law over the past five years have led to the forced displacement of half of the population; calls on the EU and the Member States to improve means dedicated to conflict prevention and crisis management and to play a greater role in conflict resolution in the EU’s neighbourhood and particularly in the Syrian conflict; expresses its full support to Syria’s neighbouring countries, which continue to demonstrate extraordinary solidarity in hosting millions of refugees despite limited resources; recalls that a large number of these refugees continue to live in deprived conditions with little or no access to legal recognition, health and education systems or job markets; is deeply concerned by the fate and the humanitarian situation of the 75 000 people trapped at the Jordanian border in the informal Rukban camp; calls on the EU and its Member States to continue and step up cooperation and dialogue with Lebanon and Jordan and to increase financial support through both international organisations and European channels, as well as with other third host countries, to ensure firstly that refugee populations can enjoy decent living conditions and access to basic services, and are granted rights to free movement and work opportunities, and secondly that funds reach their final objectives; stresses that this should be coupled with assistance to the host communities in order to strengthen their economic resilience; |
67. |
Notes that, following the implementation of the political agreement reached by the Member States and Turkey on 18 March 2016, the number of people arriving in frontline Member States has decreased; underlines the concerns regarding this political agreement as stated publicly by international humanitarian organisations, particularly with regard to the respect of international law and human rights; is concerned about the situation in Turkey and the impact this might have on it being considered as a safe country; stresses that visa liberalisation for Turkey must not be perceived as a reward for cooperating with the EU in the area of migration, but as result of strictly meeting all the benchmarks put in place by the EU; warns against the replication of this model in other countries as it is necessary to take into consideration each country and region’s own singularities; |
68. |
Is extremely concerned by the human rights situation in Turkey, where basic rights such as the freedom of expression or of assembly are constantly violated, where the population in the South-East of the country is under attack by its own government, where over 30 000 public servants have been sacked on political grounds, and where more than 130 media outlets have been closed down by the authorities; |
69. |
Regrets the lack of consultation and transparency in the formulation of the recently signed Joint Way Forward on Migration Issues between Afghanistan and the EU, which is mainly focused on readmissions and contemplates unlimited returns of Afghan citizens, whether on a voluntary basis or not; is worried about the possible consequences for Afghan asylum-seekers, who in 2016 constitute the second-largest national group in the EU applying for asylum; recalls that returns can only take place after due consideration of each individual case in full respect of their rights, and calls on the EU and the Member States to allocate the necessary resources to speed up current administrative and judicial procedures; |
70. |
Deeply regrets than in the EU migration policy framework and refugee movements response, the EU and its Members States have opted for the conclusion of agreements with third countries, which avoid the parliamentary scrutiny attached to the Community method; calls on the Commission to include at least a biannual evaluation mechanism for any political declaration signed with third countries in order to assess the continuation or conclusion of these agreements; stresses the need for the inclusion of human rights safeguards in any agreements concluded within the framework of migration and refugee policies; |
71. |
Stresses that the EU policy towards Africa is one of the key elements for stability and development in the coming years and decades; considers that the belt of countries running through the Sahel region and the Horn of Africa, as well as areas of instability to its north and south, should remain in the EU’s focus; highlights the link between development, security and migration and calls for closer cooperation in conflict prevention and management, as well as in addressing the root causes of destabilisation, forced displacement and irregular migration, in promoting resilience and economic and equal opportunities and in preventing human rights abuses; considers that the EU must play a central role in the stabilisation of Libya, also as a means to stop the ongoing human rights abuses affecting Libyans, refugees and migrants; |
Appropriate means for action
72. |
Acknowledges the Commission’s proposal for a new and ambitious External Investment Plan (EIP) to mobilise investments in the EU’s neighbouring countries and developing third countries, provided that the plan is implemented in a fully transparent manner and the investments help to improve conditions in the beneficiary countries, combatting corruption and bad governance; notes that the proposed European Fund for Sustainable Development will be partly financed through the European Development Fund (EDF), the Development Cooperation Instrument (DCI) and the European Neighbourhood Instrument (ENI) allocations, which constitutes the use of development funds to foster private sector investment; considers that supporting private sectors in third countries while fostering an environment of good governance and business practices should not be presented as a new measure and should be further enhanced; calls on the Commission to ensure coherence between external financing instruments — for example with the DCI and EDF — and projects in order to focus the EU’s assistance on priorities and to avoid the scattering of funds and efforts; stresses the need for systematic additionality, both in the choice of policies supported and in their financial implementation; |
73. |
Underlines that the sum of EUR 3,35 billion earmarked for the new European Fund for Sustainable Development (EFSD) as part of the EIP corresponds to over 5 % of the total funds available from the EDF, DCI and ENI under the multiannual financial framework (MFF); calls on the Commission to provide more details regarding this estimation and the expected impact, and to indicate on what basis it expects Member States, other donors and private partners to contribute up to EUR 44 billion to it, when some Member States have yet to contribute to current Trust Funds; |
74. |
Recommends that adequate resources should be allocated to measures specially tailored to the time spent by refugees and IDPs under temporary protection arrangements, which needs to be a period full of opportunities for growth and training for all generations, with education being provided for children, vocational training for young adults and jobs for adults; believes this will ensure that, when it becomes possible for them to return home, these people will be ‘regenerated’ and able to lend their countries new impetus, instead of having been worn down by years of waiting with no real prospects; |
75. |
Welcomes the Commission proposal on the revision of the MFF, with regard in particular to endowing the EU budget with larger crisis instruments; expects that the proposed revision of the financial rules will increase accountability and sound financial management; emphasises that tackling the root causes of migration flows also entails supporting third countries in capacity building; |
76. |
Underlines that the EU has to provide itself with the means necessary to attain its objectives and carry through its policies (Article 311 TFEU), as without sufficient funding the EU cannot perform the functions it is expected to, nor meet the expectations of the European people; underlines the human, political and economic costs of inaction; notes that the mid-term revision of the Multiannual Financial Framework (MFF) — or the negotiation of the next MFF at the latest — provides a necessary opportunity for the revision of the external instruments related to migration, and also to increase the EU’s budget in such a manner that it would allow an end to ad hoc instruments and restore the unity of the budget; strongly emphasises the need for Parliament to be given a major oversight role in this area as well; deeply regrets that the Commission did not propose to increase the budgetary means for external action — a budget heading which was already relatively low — but instead is redirecting development instruments towards migration, thus diverting from other priorities; |
77. |
Notes that refocusing the EU’s external financing instruments towards security, peace building and conflict resolution, migration and border management poses new challenges in relation to the initial objectives and principles of these instruments; |
78. |
Underlines that addressing new and chronic disasters and vulnerabilities requires long-term predictable investment and compliance with the new sustainable development agenda, mainly by promoting joint risk assessment, planning and financing between humanitarian, development, peacebuilding and climate change actors; |
79. |
Believes that upholding the rule of law and combating corruption must be central planks of EU action in countries of origin; stresses the importance of proper checks being carried out on the use of funding for third countries, in order to make sure that it is used for its intended purpose; |
80. |
Notes that the creation of trust funds and ad hoc financial instruments, while helping to pool resources and bringing speed and flexibility to EU action, can also put at risk development effectiveness principles and undermines the unity of the budget and Parliament’s budgetary authority; calls therefore for Parliament to be given a greater supervisory role in the use of these instruments, including — but not limited to — by being part of the steering committees; recalls that the effectiveness of trust funds depends heavily on Member States’ readiness to contribute and their full involvement; urges that such instruments be brought under Parliament’s oversight and calls for guidelines for their incorporation into the EU’s budget and the scope of its powers; |
81. |
Points out that EUR 3,6 billion was supposed to be paid into the emergency trust fund for stability and addressing root causes of irregular migration and displaced persons in Africa, launched at the Valletta Summit; calls on the Member States to match the EUR 1,8 billion released by the Commission; |
82. |
Call for the trust funds to follow the same rules and regulations applying to EU traditional funding instruments in relation to transparency, equal treatment of partners and capacity to provide predictable and timely funding to partners; |
83. |
Expresses concerns that the 2017 EU draft budget foresees an increase in the management of migration flows or internal security initiatives at the expense of EU cohesion funds and action in the world; |
84. |
Calls on the EU to carefully and systematically evaluate the impact of the actions funded on migration, displacement and refugees based on the quality of delivery of humanitarian aid and development aid; |
85. |
Stresses that targeted support based on the local situation is a key element of an efficient and results-oriented policy, and that such support should be negotiated with third countries; calls on the Commission and the Member States to develop clear and measurable objectives to be implemented by the financial instruments, including Trust Funds, in a coherent and coordinated way; |
86. |
Welcomes the use of common security and defence policy (CSDP) missions such as EUCAP Sahel Niger and EUNAVFOR MED Operation Sophia, which should be further strengthened as a means of protecting the EU’s external borders and preventing the trafficking of human beings and smuggling of migrants; supports the cooperation with NATO and EU initiatives such as Europol’s Joint Operational Team (JOT) Mare to gather and share intelligence and fight smugglers, while underlining that global mobility should not be considered a threat but an opportunity; recalls in this context that saving lives at sea and ensuring the rights of migrants must be of paramount importance in all these operations; recommends the use of CSDP tools for early warning (forecasting), mediation and conflict resolution, while stressing the importance of starting to plan for durable solutions as early as possible in conflict situations; |
87. |
Recalls the UN-EU Strategic Partnership on Peacekeeping and Crisis Management and its priorities for 2015-2018, as agreed in March 2015; encourages further work by the EU in order to take account of the key role of other organisations and countries and to facilitate Member State contributions; deplores the fact that only 11 out of 28 EU Member States made pledges at the Leaders’ Summit on Peacekeeping held on 28 September 2015; calls on the EU Member States to significantly increase their military and police contributions to UN peacekeeping missions; |
88. |
Welcomes and supports the initiatives of the European Investment Bank to sustain economic resilience in the EU’s Southern Neighbourhood and the Western Balkans through projects that lead to job creation, economic resilience and poverty reduction in line with the European Union’s external policies; |
89. |
Urges the Commission and the EEAS to provide Parliament and the public, at the earliest opportunity, with a detailed overview of the various funding instruments and programmes — and how they fit together with Member State programmes — in the 16 priority countries (6) with which the EU engages in high-level dialogues on migration, and under the Global Approach to Migration and Mobility (GAMM); is deeply concerned that among the priority countries, there are repressive regimes which are themselves the main cause of refugees fleeing their countries; recalls that the GAMM remains the overarching framework of the EU external migration and asylum policy, but notes that recent policy initiatives have made limited reference to it and calls for a clarification of the GAMM’s relevance in the current context, as well as a review of the GAMM in line with the IOM’s recommendations; |
90. |
Welcomes the deployment of European Migration Liaison Officers to priority countries as a first step towards reinforcing the EU’s cooperation with third countries in the field of migration; recommends the reinforcement of staff dealing with Justice and Home Affairs issues within the EU Delegations with a clear mandate to develop coordination within the Member States; |
91. |
Underlines the need for a decentralised approach, rather than carrying on with a centralised approach from Brussels, by making better use of the EU Delegations — which have in a very short period of time become a tool of great value — and applying greater flexibility and shorter programming periods, especially for countries at risk; calls for the appointment of regional coordinators with the capacity to lead on development and cooperation and external relations in order to ensure a coherent approach based on the local situation on the ground; |
92. |
Recommends the promotion, with the support of the EU, of information campaigns in third countries to inform citizens of their mobility rights and obligations, and to alert them to the risks they could face during their journey — particularly as regards smugglers and traffickers — in order to help them reach the most informed decision; |
93. |
Calls for the better use of twinning programmes and TAIEX action, not simply for exchanges of best practices and training but for development and cooperation with a special focus on countries under pressure; |
o
o o
94. |
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 of the 16 priority countries identified in the new partnership framework with third countries under the European Agenda on Migration, and civil society organisations representing and working with migrants and refugees. |
(1) Texts adopted, P8_TA(2015)0272.
(2) Texts adopted, P8_TA(2016)0073.
(3) Texts adopted, P8_TA(2016)0102.
(4) Texts adopted, P8_TA(2016)0337.
(5) Texts adopted, P8_TA(2016)0404.
(6) Ethiopia, Eritrea, Mali, Niger, Nigeria, Senegal, Somalia, Sudan, Ghana, Ivory Coast, Algeria, Morocco, Tunisia, Afghanistan, Bangladesh and Pakistan.
Thursday 6 April 2017
23.8.2018 |
EN |
Official Journal of the European Union |
C 298/56 |
P8_TA(2017)0125
Russia, the arrest of Alexei Navalny and other protestors
European Parliament resolution of 6 April 2017 on Russia, the arrest of Alexei Navalny and other protestors (2017/2646(RSP))
(2018/C 298/07)
The European Parliament,
— |
having regard to its previous resolutions on Russia, in particular its resolutions of 23 October 2012 (1), of 13 June 2013 on the rule of law in Russia (2), of 13 March 2014 on Russia: sentencing of demonstrators involved in the Bolotnaya Square events (3), its recommendation of 2 April 2014, its resolutions of 23 October 2014 on the closing-down of the NGO ‘Memorial’ (winner of the 2009 Sakharov Prize) in Russia (4), of 15 January 2015 on Russia, in particular the case of Alexei Navalny (5), of 12 March 2015 on the murder of the Russian opposition leader Boris Nemtsov and the state of democracy in Russia (6), and of 24 November 2016 on the case of Ildar Dadin, prisoner of conscience in Russia (7), |
— |
having regard to the Russian Constitution, in particular Article 29 which protects the freedom of speech and Article 31 which includes the right to peaceful assembly, and to the international human rights obligations to which Russia has committed itself as Member of the Council of Europe, the Organisation for Security and Cooperation in Europe (OSCE) and the UN, |
— |
having regard to the ‘Partnership for Modernisation’ initiated in 2010 in Rostov-on-Don and to the commitment made by the Russian leadership to the rule of law as a fundamental basis for the modernisation of Russia, |
— |
having regard to Article 5 of the Universal Declaration of Human Rights and Article 7 of the International Covenant on Civil and Political Rights, both of which provide that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment and to which the Russian Federation is a party, |
— |
having regard to the United Nations Declaration on Human Rights Defenders, adopted by the UN General Assembly on 9 December 1998, |
— |
having regard to its resolution of 16 March 2017 on the Ukrainian prisoners in Russia and the situation in Crimea (8), |
— |
having regard to the seventh periodic report of the Russian Federation considered by the United Nations Human Rights Committee at its 3136th and 3137th meetings, held on 16 and 17 March 2015, |
— |
having regard to Rules 135(5) and 123(4) of its Rules of Procedure, |
A. |
whereas on 26 March 2017, between 33 000 and 93 000 people took part in anti-corruption rallies, marches and demonstrations in over 80 cities across Russia; whereas over 2 000 protesters were detained by police in cities across Russia, including about 1 000 in Moscow; whereas opposition politician Alexei Navalny was detained and fined USD 350 for organising banned protests and sentenced to 15 days in jail; whereas the protests are reckoned to be the largest since the anti-Kremlin demonstrations in 2011 and 2012; |
B. |
whereas the verdict of the Leninsky Court in Kirov (8 February 2017) against Russian opposition politician Alexei Navalny on charges of embezzlement attempts served to silence yet another independent political voice in the Russian Federation; whereas the European Court of Human Rights has ruled that Navalny was denied the right to a fair trial in his prosecution in 2013 on the same charges; |
C. |
whereas the Russian Government has opened a criminal investigation against unidentified people who called via the internet for a demonstration in Moscow on 2 April 2017 demanding the resignation of Prime Minister Dmitry Medvedev, an end to Russian military operations in Ukraine and Syria, the release of Navalny and payment of compensation to activists detained during a Moscow protest on 26 March 2017; whereas on 2 April 2017 at least 31 people were arrested during opposition protests in Moscow and thereafter detained for ‘breaches of public order’; |
D. |
whereas the Russian Federation, as a full member of the Council of Europe, a signatory to the UN Universal Declaration of Human Rights and the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment has committed itself to the principles of democracy, the rule of law and respect for fundamental freedoms and human rights; whereas the European Union has repeatedly offered additional assistance and expertise to help Russia to modernise and abide by its constitutional and legal order, in line with Council of Europe standards; |
E. |
whereas there are concerns about developments in the Russian Federation with regard to respect for, and the protection of, human rights and respect for commonly agreed democratic principles and the rule of law; whereas the Russian Federation has ratified 11 out of the 18 international human rights treaties; |
F. |
whereas the criminal law of the Russian Federation has been amended and the new Article 212.1 has been introduced, according to which a person can be charged with violation of the law on public assemblies, notwithstanding the fact that this amendment restricts the freedom of speech and assembly; |
G. |
whereas, according to the Memorial Human Rights Centre, the number of political prisoners in the country has significantly increased in recent years, totalling 102 persons in 2016; |
1. |
Condemns the police operations in the Russian Federation attempting to prevent and disperse peaceful anti-corruption demonstrations, and detaining hundreds of citizens, including Alexei Navalny, whose organisation initiated the demonstrations; |
2. |
Calls on the Russian authorities for the immediate release of, and the dropping of charges against, Alexei Navalny and all the peaceful protestors, journalists and activists detained in the anti-corruption rallies held in Moscow and a number of Russian cities on 26 March and 2 April 2017; underlines the fact that Russian authorities bear full responsibility for the safety and wellbeing of those detained; |
3. |
Underlines the fact that the sentences imposed are politically motivated, and urges the Russian judiciary to demonstrate its independence from political interference; calls on the Russian authorities to put an end to the harassment of journalists, political opponents and political and civil society activists, to fully respect international human rights obligations and to guarantee media freedom and freedom of assembly; |
4. |
Notes the high turn-out in the widespread anti-corruption protests throughout the Russian Federation on Sunday, 26 March 2017, in particular the strong mobilisation of young people rallying against corruption and the increasingly authoritarian rule inside Russia; welcomes this engagement as a hopeful sign of increased interest in public and political matters; |
5. |
Expresses strong concern that the detaining of Alexei Navalny demonstrates a case of the Russian authorities using the law on public assemblies to fast-track peaceful protesters to prison and commit subsequent systemic abuse; |
6. |
Condemns the constant efforts to silence Alexei Navalny, and expresses support for his organisation’s efforts to raise awareness of, and combat, corruption in public institutions and among political representatives and public office holders; regards with deep concern the Court decision of February 2017, which effectively excludes Alexei Navalny from the political arena, further constrains political pluralism in Russia and raises serious questions as to the fairness of democratic processes in Russia; |
7. |
Recalls that the freedom of peaceful assembly is a right, not a privilege, and that this right, together with the rights to freedom of opinion and expression, and freedom of association, plays a decisive role in the emergence and existence of an effective democratic system; calls on the Russian authorities to abide fully by the international commitments it has made, including in the Council of Europe and the Organisation for Security and Cooperation in Europe (OSCE), to uphold the basic freedoms of expression, association and peaceful assembly, which are fundamental rights enshrined in its Constitution, and to release without delay the peaceful demonstrators who have been detained; |
8. |
Calls on the Russian authorities to put an end to any act of harassment, including at the judicial level, against political opponents, journalists and human rights defenders in the Russian Federation, and to ensure, in all circumstances, that they are able to carry out their legitimate activities without any interference; |
9. |
Takes the view that several trials and judicial proceedings against opposition members and NGOs over the past years raise doubts about the independence and impartiality of the judicial institutions of the Russian Federation; urges Russian judicial and law enforcement authorities to carry out their duties in an impartial and independent manner, free of political interference; |
10. |
Stresses that freedom of assembly in the Russian Federation is granted under Article 31 of the Russian Constitution and under the European Convention on Human Rights (ECHR), to which Russia is a party, thereby obliging the Russian authorities to respect it; calls on the Russian Federation to respect the principles of the rule of law, freedom of speech and freedom of assembly; |
11. |
Recalls the importance of Russia’s full compliance with its international legal obligations, as a member of the Council of Europe and the OSCE, and with the fundamental human rights and the rule of law enshrined in the ECHR and the International Covenant on Civil and Political Rights (ICCPR); |
12. |
Calls on the Russian Federation to amend legislation unduly restricting and criminalising the freedom of assembly; condemns the fact that the Russian Federation has also empowered its Constitutional Court, by means of new legislation of December 2015, to overturn the judgments of the European Court of Human Rights; |
13. |
Notes the corruption allegations against leading Russian politicians; calls on the Commission, the European External Action Service (EEAS) and the Member States to take systematic action against any attempted money laundering or illegal assets inside the EU; equally instructs the Parliament’s Panama Papers Inquiry Committee to pay additional attention to any traces of suspect Russian money flows via EU-based banks; |
14. |
Urges the Council and the Member States to develop a unified policy towards Russia that commits the Member States and the EU institutions to a strong common message on the role of human rights in the EU-Russia relationship and the need to end the crackdown on freedom of expression, assembly and association in Russia; |
15. |
Calls on the VP/HR and the EEAS to ensure that the cases of all persons prosecuted for political reasons are raised in EU-Russia human rights consultations when resumed, and that Russia’s representatives in these consultations are formally requested to respond in each case; calls on the Presidents of the Council and the Commission, as well as the VP/HR, to continue to follow such cases closely, to raise these issues in different formats and meetings with Russia, and to report back to Parliament on exchanges with the Russian authorities; |
o
o o
16. |
Condemns the terrorist attack in Saint Petersburg and asks its President to express its deep sympathy and solidarity with the victims, their families and the Russian people. |
o
o o
17. |
Instructs its President to forward this resolution to the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the Council, the Commission, the governments and parliaments of the Member States, the Council of Europe, the Organisation for Security and Cooperation in Europe, and the President, Government and Parliament of the Russian Federation; |
(1) OJ C 68 E, 7.3.2014, p. 13.
(2) OJ C 65, 19.2.2016, p. 150.
(3) Texts adopted, P7_TA(2014)0253.
(4) OJ C 274, 27.7.2016, p. 21.
(5) OJ C 300, 18.8.2016, p. 2.
(6) OJ C 316, 30.8.2016, p. 126.
(7) Texts adopted, P8_TA(2016)0446.
(8) Texts adopted, P8_TA(2017)0087.
23.8.2018 |
EN |
Official Journal of the European Union |
C 298/60 |
P8_TA(2017)0126
Belarus
European Parliament resolution of 6 April 2017 on the situation in Belarus (2017/2647(RSP))
(2018/C 298/08)
The European Parliament,
— |
having regard to its previous resolutions and recommendations on Belarus, including on the European Neighbourhood Policy, |
— |
having regard to the statements by the Chair of its Delegation for relations with Belarus of 27 March 2017, the European External Action Service (EEAS) spokesperson of 17 March 2017, the UN Special Rapporteur on the situation of human rights in Belarus of 14 and 28 March 2017, the OSCE Parliamentary Assembly (PA) of 24 March 2017, the Director of the OSCE/ODIHR of 17 and 26 March 2017, the OSCE PA Human Rights Committee of 27 March 2017, and the Observatory for the Protection of Human Rights Defenders (FIDH-OMCT) of 29 March 2017 on recent arrests of peaceful protesters and unlawful detentions in Belarus, |
— |
having regard to the Council conclusions on Belarus, in particular those of 15 February 2016 lifting the restrictive measures against 170 individuals and three Belarusian companies, |
— |
having regard to Council Decision (CFSP) 2017/350 of 27 February 2017 (1) prolonging the restrictive measures against Belarus until 28 February 2018, which include an arms embargo and an asset freeze and a travel ban against four people listed in connection with the unresolved disappearances of two opposition politicians, one businessman and one journalist in 1999 and 2000, |
— |
having regard to the parliamentary elections held on 11 September 2016 and to the presidential election held on 11 October 2015; having regard to the numerous declarations by the Belarusian authorities that some of the OSCE/ODIHR recommendations following the 2015 presidential election would be implemented ahead of the 2016 parliamentary elections and having regard to the OSCE/ODIHR final report of 28 January 2016 on the presidential election in Belarus of 11 October 2015, |
— |
having regard to the report by FIDH and the Human Rights Centre ‘Viasna’ on Forced Labour and Pervasive Violations of Workers’ Rights in Belarus, |
— |
having regard to the Universal Declaration of Human Rights and the UN Declaration on Human Rights Defenders, the UN International Covenant on Civil and Political Rights, the European Convention on Human Rights and the International Covenant on Economic, Social and Cultural Rights, |
— |
having regard to Rules 135(5) and 123(4) of its Rules of Procedure, |
A. |
whereas the Government of Belarus introduced Presidential Decree No 3 ‘On the Prevention of Social Dependency’, the so-called ‘social parasite tax’, which was signed by President Alexander Lukashenko in 2015 and began to be implemented as of February 2017 — this decree sanctions unemployment by imposing a special duty to finance government expenditures, ranging from a fee of approximately EUR 240, which is about two thirds of the average monthly wage in Belarus, to forced labour for citizens who have been working for fewer than 183 days a year; whereas the decree was received with widespread criticism from citizens, activists and journalists; |
B. |
whereas since 17 February and over the course of March 2017, despite the pressure from the state media and security forces, including the presence of armed officers to disperse demonstrations, mass peaceful protests of thousands of citizens have been taking place in dozens of cities across Belarus as a reaction against the adoption of Presidential Decree No 3, and against the construction of a business centre near Kurapaty, a memorial site for the victims of Stalin; |
C. |
whereas the authorities have responded violently to these demonstrations, in particular on 25 and 26 March 2017; whereas peaceful demonstrators tried to march along Minsk’s main avenue on the Freedom Day of 25 March, but were blocked by a cordon of riot police; whereas the security forces have attacked the protesters, beating women, minors and the elderly; whereas hundreds of protesters have been arrested, including domestic and foreign journalists reporting on the events; whereas at least 700 people have been detained in Minsk, some of whom were unintentional spectators; |
D. |
whereas a large group of human rights defenders have been detained while observing peaceful demonstrations; whereas according to the Human Rights Centre ‘Viasna’, as of the end of the day on 27 March 2017, a total of 177 people had been handed court rulings on administrative charges over their participation in the 25 March protests, of which 74 resulted in administrative detention and 93 in fines; whereas more than 100 opposition members were arrested as a preventive measure before the protests; |
E. |
whereas 27 people, including Zmitser Dashkevich, a former political prisoner and a leader of the ‘Young Front’ movement, have been arrested under allegations of plotting a riot by groups trained in Ukraine, Poland and Lithuania; whereas they face an offence punishable by imprisonment for up to three years; whereas the Committee for State Security (KGB) is refusing to disclose the number of people arrested in connection with the so-called ‘mass riot case’; |
F. |
whereas Mikalay Statkevich, a prominent opposition figure and former presidential candidate, who was expected to lead the demonstration in Minsk, was arrested and kept in a KGB detention centre for three days, with no information as to his whereabouts; whereas Sergei Kulinich and Sergei Kuntsevich were also arrested; whereas Uladzimir Nyaklyayev, a well-known Belarusian poet and presidential candidate in 2010, was also illegally detained prior to the rally of 25 March 2017 and, as a consequence, had to be hospitalised due to weakened health conditions; whereas Pavel Seviarynets, Vitali Rymashevski, Anatol Liabedzka and Yuri Hubarevich, along with a number of civic activists, were arrested over the course of March 2017; whereas on 23 March Ales Lahvinets, deputy chairman of the Movement for Freedom, was arrested in Minsk; whereas around 60 human rights observers were preventatively detained; |
G. |
whereas on 25 March 2017 the police raided the office of the Human Rights Centre ‘Viasna’ in the Belarusian capital, preventatively arresting at least 57 persons involved in the monitoring of ongoing peaceful protests; whereas prior to this, other human rights defenders, such as Oleg Volchek, a head of the Human Rights Centre ‘Legal Assistance to the Population’, and Anatoli Poplavni, a member of the Gomel branch of the Human Rights Centre ‘Viasna’, were detained and sentenced to short terms of imprisonment; whereas Leonid Sudalenka, a member of ‘Viasna’, was also detained and convicted for having submitted over 200 citizens’ complaints against the provisions of the above-mentioned Presidential Decree No 3; |
H. |
whereas according to the Belarusian Association of Journalists (BAJ) 120 incidents of violations of journalists’ rights have been registered; whereas the internet was shut down across the country and journalists have been sanctioned for covering the events or sentenced to prison on charges of hooliganism or for disobeying police orders; whereas some of them are still awaiting trial; whereas over 20 cases of harassment of Belsat TV reporters have been recorded since 12 March 2017, and whereas on 31 March 2017 the offices of Belsat TV were raided and searched by the police, and some equipment seized and removed; |
I. |
whereas these events are the most serious that have occurred since the harsh crackdown on demonstrations in 2010 and can be seen as a regretful setback; whereas this new wave of repression is taking place exactly one year after the EU’s decision to enter into a so-called re-engagement policy for relations with Belarus; |
J. |
whereas Belarus is an OSCE participating state and has agreed to respect the rights of peaceful assembly and association; whereas the above-mentioned mass arrests, excessive use of force against protesters and the reported raids of civil society organisations are clear violations of these commitments; |
K. |
whereas Belarus is the only country in Europe still to carry out capital punishment; whereas the first death penalty sentence in 2017 was handed down on 17 March 2017; |
L. |
whereas the EU lifted most of the restrictive measures in regard to Belarusian officials and legal entities in February 2016 as a gesture of goodwill to encourage Belarus to improve its human rights, democracy and rule of law record; whereas the Council in its conclusions on Belarus of 15 February 2016 stressed the need to enhance EU-Belarus cooperation in a number of economic, trade and assistance-related fields, which would open up the possibility for Belarus to apply for EIB and EBRD financing; |
M. |
whereas the difficult economic situation in Belarus faces further prospects of deterioration, with major sectors still remaining under state ownership and under an administrative command and control system; whereas Belarus’s dependence on Russia’s economic aid is continuously increasing; |
N. |
whereas one of the objectives of Belarus’s participation in the Eastern Partnership and its parliamentary branch, Euronest, is to intensify cooperation between the country and the EU; whereas the Belarusian Parliament has no official status in the Euronest Parliamentary Assembly; |
O. |
whereas Belarus is part of the Collective Security Treaty Organisation (CSTO) and takes part in the ‘Zapad 2017’ joint military manoeuvres with Russia, which cover scenarios involving attacks on its western neighbours that include simulating the use of nuclear weapons and which have a potential negative impact on the security and national sovereignty of the Republic of Belarus and the region; |
P. |
whereas the EU is committed to a stable, democratic and prosperous future for Belarus, for the benefit of its people; whereas a significant improvement in freedom of speech and freedom of the media, respect for the political rights of ordinary citizens and opposition activists alike and respect for the rule of law and fundamental rights are all prerequisites for better relations between the EU and Belarus; |
1. |
Condemns the crackdown on peaceful protesters and the repressions in the run-up to and during the demonstrations of 25 March 2017; stresses that despite the international community’s calls for restraint, the response by the security services was indiscriminate and inappropriate; expresses its concern over the latest developments in Belarus and highlights a clear need for a broader democratisation process in the country; |
2. |
Condemns the undue restrictions on the right of peaceful assembly, freedom of expression and freedom of association, including on those expressing opinions about social and other public issues, and, most particularly, the harassment and detention of independent journalists, opposition members, human rights activists and other protesters; |
3. |
Calls on the Belarusian authorities to immediately and unconditionally release and drop all judicial charges against all peaceful protesters, journalists, human rights defenders, civil society activists and opposition members who have been detained in connection with the current wave of demonstrations; considers the practice of preventive arrests totally unacceptable; urges the authorities to immediately disclose information about all those arrested to their families and the wider public; |
4. |
Reiterates that the use of force against anyone exercising her/his right to peaceful protest cannot be justified under any circumstances, and that repressions which violate the right to freedom of speech and assembly are contrary to Belarus’s international obligations and to the Constitution of the Republic of Belarus; urges the Government of Belarus to get involved in an open dialogue with its citizens, independent civil society organisations and independent media; |
5. |
Urges the Belarusian authorities to immediately carry out thorough and impartial investigations into all allegations of arbitrary detention and other violations of the rights of protesters in connection with the recent demonstrations; warns that in the event of failure to carry out such investigations, the EU may apply new restrictive measures vis-à-vis those highest Belarusian officials responsible for the recent crackdowns; |
6. |
Urges the authorities to end the harassment of independent media for political reasons and to put a stop to the practice of administrative prosecution and the arbitrary use of Article 22.9(2) of the Administrative Code against freelance journalists for working with foreign media without accreditation, which restricts the right to freedom of expression and the dissemination of information; |
7. |
Urges the Belarusian authorities to stop the harassment of its civil society, to allow full and free legal functioning of public organisations, to repeal without delay Article 193/1 of the Criminal Code, which penalises the organisation of, and participation in, the activities of non-registered public associations and organisations, and to allow the full, free and unhampered legal functioning of public associations and organisations, including those of national minorities and their independent organisations; |
8. |
Urges the OSCE PA, which plans to hold its 26th Annual Session in Minsk in July 2017, to take into account recent events in Belarus and as a minimum to ensure involvement of political democratic opposition parties, independent media and civil society organisations; |
9. |
Calls on the Belarusian Government to engage in a constructive dialogue with the opposition and civil society organisations, as well as to cooperate fully with the UN Special Rapporteur on the situation of human rights in Belarus, carrying out long-overdue reforms to protect human rights and strengthen democracy; calls on the EEAS and on the Commission to continue and strengthen support for civil society organisations in Belarus and abroad; stresses, in this context, the need to support all independent sources of information for Belarusian society, including media broadcasting in the Belarusian language and from abroad; calls, furthermore, on the EU Special Representative for Human Rights to examine ways and means to promote the full and effective protection of human rights in Belarus; |
10. |
Recommends the repeal of Presidential Decree No 3 as an arbitrary, harsh and morally questionable measure, violating international human rights, which is estimated to affect more than 470 000 Belarusians; |
11. |
Calls for the renewal of the mandate of the UN Special Rapporteur on the situation of human rights in Belarus; calls on the Belarusian Government to recognise the mandate and cooperate fully with the Special Rapporteur; calls on the EEAS to better coordinate the EU’s policy towards Belarus with the UN Special Rapporteur; calls on the EU and its Member States to promote and support the extension of the UN Special Rapporteur’s mandate in order to continue to monitor the situation in the country; |
12. |
Calls on the Belarusian authorities to resume without delay the work on a comprehensive electoral reform as part of the broader democratisation process and in cooperation with international partners; stresses the need to introduce the relevant OSCE/ODIHR recommendations well in advance of the local elections due to be held in March 2018; |
13. |
Urges the government to join a global moratorium on the use of the death penalty as a first step towards its permanent abolition; |
14. |
Calls on the Commission to further support educational programmes allowing young Belarusians to study in the EU by speeding up the visa and scholarship applications process; |
15. |
Welcomes the Council decision of 27 February 2017 to prolong the restrictive measures on four individuals and the arms embargo against Belarus until 28 February 2018; calls on the EEAS to continue closely following and monitoring the situation in the country with a view to assessing the effectiveness of the EU policy of constructive re-engagement; believes that clear benchmarks should be set by the EU, which should apply consistent human rights conditionalities in order to ensure reforms that protect fundamental freedoms and human rights; |
16. |
Calls on the Commission to assess whether the highest nuclear safety standards are guaranteed for the Ostrovets nuclear power plant currently under construction and whether an EU guarantee to the EIB would not eventually be used for the financing of this nuclear site in Belarus, and to assess whether such a guarantee would be in compliance with the EU sanctions imposed on the Russian Federation; |
17. |
Reiterates its commitment to work for the benefit of the people of Belarus, to support their pro-democratic aspirations and initiatives, and to contribute to a stable, democratic and prosperous future of Belarus; reiterates that respect for fundamental civil liberties, the rule of law and human rights will be crucial for shaping further relations between the EU and Belarus; |
18. |
Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy (VP/HR), the European External Action Service, the Member States, the OSCE/ODIHR, the Council of Europe, the Belarusian authorities and the OSCE Parliamentary Assembly. |
23.8.2018 |
EN |
Official Journal of the European Union |
C 298/65 |
P8_TA(2017)0127
Bangladesh, including child marriages
European Parliament resolution of 6 April 2017 on Bangladesh, including child marriages (2017/2648(RSP))
(2018/C 298/09)
The European Parliament,
— |
having regard to its previous resolutions on Bangladesh, in particular that of 18 September 2014 on human rights violations in Bangladesh (1), |
— |
having regard to its resolution of 16 March 2017 on EU priorities for the UN Human Rights Council sessions in 2017 (2), |
— |
having regard to the concluding observations of the UN Human Rights Committee of 22 March 2017 on Bangladesh, |
— |
having regard to the resolution of the UN Human Rights Council of 2 July 2015 on strengthening efforts to prevent and eliminate child, early and forced marriage, |
— |
having regard to the EU Guidelines for the Promotion and Protection of the Rights of the Child, adopted by the Council on 6 March 2017, |
— |
having regard to the UN Convention on the Rights of the Child, |
— |
having regard to the Universal Declaration of Human Rights of 1948, |
— |
having regard to the International Covenant on Civil and Political Rights (ICCPR), |
— |
having regard to the 1995 Beijing Declaration and the Beijing Platform for Action (BPFA) arising from the Fourth World Conference on Women and signed by Bangladesh, and to the periodic reviews of the progress of its implementation in Bangladesh conducted in 2000, 2005, 2009 and 2014, |
— |
having regard to Article 16 of the Convention on the Elimination of All Forms of Discrimination against Women, |
— |
having regard to the Cooperation Agreement between the European Community and Bangladesh on Partnership and Development of 2001, |
— |
having regard to Bangladesh’s Child Marriage Restraint Act of 11 March 2017 and Child Marriage Prevention Act of 15 September 2014, |
— |
having regard to the Bangladesh National Action Plan to Eliminate Child Marriage 2015-2021, |
— |
having regard to Rules 135(5) and 123(4) of its Rules of Procedure, |
A. |
whereas the EU has long-standing relations with Bangladesh, including through the Cooperation Agreement on Partnership and Development; whereas respect for and promotion of human rights and democratic principles underpin the domestic and international policies of the parties and must be an essential part of EU external action; |
B. |
whereas in recent months NGOs and independent media have reported a series of human rights violations, including enforced disappearances, a clampdown on civil society, attacks on political activists and torture; |
C. |
whereas, according to recent UN data, Bangladesh continues to have one of the world’s highest rates of child marriage, and the highest rate in Asia; whereas 52 % of girls in Bangladesh are married by the time they reach the age of 18 and 18 % by the time they reach 15; |
D. |
whereas the UN recognises child marriage as a violation of human rights in which children lack the choice or capacity to give their full consent and are often subject to psychological and physical risks; |
E. |
whereas Bangladesh is one of the 12 target countries of the UNFPA-UNICEF Global Programme to Accelerate Action to End Child Marriage, which is supported by the EU; |
F. |
whereas Bangladesh is a member of the South Asian Initiative to End Violence Against Children, which has adopted a regional action plan to end child marriage; |
G. |
whereas the Government of Bangladesh pledged at the Girl Summit of July 2014 to reduce by one third the number of girls marrying between the ages of 15 and 18 by 2021, to eliminate marriages involving children under 15 by 2021, and to end marriages of children under the age of 18 by 2041; |
H. |
whereas in 2015 Bangladesh was ranked 119th out of 159 countries surveyed on the Gender Inequality Index within the UN Development Programme; |
I. |
whereas on 27 February 2017 the Government of Bangladesh passed the Child Marriage Restraint Act, which — while keeping the minimum age of marriage at 18 for women and 21 for men — introduces exceptions in ‘special cases’ or for the ‘best interests’ of the adolescent with the permission of the courts, while failing to define such criteria or lay down a minimum age for such marriages; whereas the consent of the child is not required; whereas the law came into effect after approval by the President on 11 March 2017; |
J. |
whereas this law could lead to an escalation of dowry abuse, sexual harassment, rapes, and acid attacks and the legitimisation of statutory rape; whereas it could also allow parents to force their daughters to marry their rapists; |
K. |
whereas the EU guidelines for the promotion and protection of the rights of the child reaffirm the commitment of the EU to the comprehensive protection and promotion of children’s rights in its external human rights policy; |
1. |
Reaffirms its condemnation of all cases of forced and child marriage and sexual violence against women and girls throughout the world; |
2. |
Notes the progress which had been made by Bangladesh in efforts to reduce the levels of child marriage; |
3. |
Welcomes the fact that in the past few years Bangladesh has adopted several legislative and institutional measures with the aim of protecting children; is concerned nevertheless at the insufficient or non-existent implementation of these measures; |
4. |
Strongly regrets the adoption of the Child Marriage Restraint Act of 2017 and the loopholes contained in that legislation which provide legal authorisation for child marriage; further regrets the absence of legal criteria in the Act, which raises the risk of potential widespread abuse; |
5. |
Calls on the Government of Bangladesh to amend the Act so as to close the loopholes and outlaw all marriages involving children; |
6. |
Insists that until such time as the loopholes in the Act are removed, the Government of Bangladesh must adopt clear criteria against which the courts, in conjunction with health and social care professionals and including an interview with the girl concerned without the presence of family members, must base any decision to authorise an underage marriage; |
7. |
Notes with concern that the recently adopted Act is a step backwards for Bangladesh in its efforts to eliminate child marriage; recalls that this relaxation of the law undermines the Bangladesh Government’s own targets for the reduction of child marriage; |
8. |
Recognises the impact child marriage can have, including restricting access to education, isolation, poverty, economic dependence and servitude, particularly for girls in rural areas, and notes with concern the increased risks of rape, physical violence and forced pregnancy in child marriages; |
9. |
Notes with concern that child marriage is often linked with unwanted and underage pregnancies; recalls in this regard the importance of providing women and girls with access to information on sexual and reproductive health and rights, assistance and safe medical treatment, including safe and legal abortion; |
10. |
Calls on the Government of Bangladesh to resume development of the National Action Plan to Eliminate Child Marriage 2015-2021, and to explain how it plans to reach its targets and eliminate all child marriage; |
11. |
Calls on the Bangladesh authorities to effectively commit to the achievement of the recently internationally adopted Sustainable Development Goals, especially in order to reduce inequalities and ensure gender equality and women’s rights; |
12. |
Considers that child marriage can be effectively tackled through the promotion of human rights and human dignity and public social policies; calls, therefore, on the Bangladesh authorities to systematically involve communities and civil society, including NGOs and children’s organisations, to tackle the root causes of child marriage in Bangladesh, and to raise awareness in schools; |
13. |
Calls in this regard on the Bangladesh authorities to amend the Foreign Donations (Voluntary Activities) Regulation Act of 2014 in order to ensure that the work of civil society organisations is not subject to arbitrary control by the government, and that all decisions made under that Act are subject to an independent review process; |
14. |
Urges the Bangladesh authorities to condemn the continuing horrendous acts against freedom of expression and to act to put an immediate end to all acts of violence, harassment, intimidation and censorship against journalists, bloggers and civil society: further urges the Bangladesh authorities to conduct independent investigations into the extrajudicial killings, enforced disappearances and excessive use of force, and to bring those responsible to justice in accordance with international standards; |
15. |
Calls on the Commission and the EU Delegation in Bangladesh to raise these issues with the Bangladesh authorities, and on the European External Action Service to raise the issue of the Act at the next EU-Bangladesh Joint Commission meeting; |
16. |
Calls for the EU to use all available instruments to support the Government of Bangladesh in respecting its international human rights obligations; |
17. |
Instructs its President to forward this resolution to the Council, the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the European External Action Service, the European Commission, the EU Special Representative for Human Rights, and the Government and Parliament of Bangladesh. |
(1) OJ C 234, 28.6.2016, p. 10.
(2) Texts adopted, P8_TA(2017)0089.
23.8.2018 |
EN |
Official Journal of the European Union |
C 298/68 |
P8_TA(2017)0130
European Solidarity Corps
European Parliament resolution of 6 April 2017 on the European Solidarity Corps (2017/2629(RSP))
(2018/C 298/10)
The European Parliament,
— |
having regard to the Charter of Fundamental Rights of the European Union, |
— |
having regard to the Commission communication of 7 December 2016 entitled ‘A European Solidarity Corps’ (COM(2016)0942), |
— |
having regard to its resolution of 27 October 2016 on European Voluntary Service and the promotion of volunteering in Europe (1), |
— |
having regard to its resolution of 19 January 2016 on the role of intercultural dialogue, cultural diversity and education in promoting EU fundamental values (2), |
— |
having regard to its resolution of 22 April 2008 on the role of volunteering in contributing to economic and social cohesion (3), |
— |
having regard to its resolution of 17 July 2014 on Youth Employment (4), |
— |
having regard to its resolution of 16 January 2013 on a Youth Guarantee (5), |
— |
having regard to the Council Recommendation of 20 December 2012 on the validation of non-formal and informal learning (6), |
— |
having regard to the Policy Agenda for Volunteering in Europe (PAVE) and the draft European Charter on the Rights and Responsibilities of Volunteers (7), |
— |
having regard to Regulation (EU) No 1304/2013 of the European Parliament and of the Council of 17 December 2013 on the European Social Fund and repealing Council Regulation (EC) No 1081/2006 (8), |
— |
having regard to Regulation (EU) No 1288/2013 of the European Parliament and of the Council of 11 December 2013 establishing ‘Erasmus+’: the Union programme for education, training, youth and sport and repealing Decisions No 1719/2006/EC, No 1720/2006/EC and No 1298/2008/EC (9), |
— |
having regard to the question to the Commission on Volunteering and European Voluntary Service (O-000107/2016 — B8-1803/2016), |
— |
having regard to the questions to the Commission on the European Solidarity Corps (O-000020/2017 — B8-0210/2017 and O-000022/2017 — B8-0211/2017), |
— |
having regard to the motion for a resolution of the Committee on Culture and Education, |
— |
having regard to Rules 128(5) and 123(2) of its Rules of Procedure, |
A. |
whereas the foundations of the European Union are based on fundamental ideas, values and principles, which are agreed and subscribed to by the Member States; |
B. |
whereas the principle of solidarity of the European Union is one of its fundamental principles and is based on sharing both advantages and burdens; |
C. |
whereas the solidarity principle has been a driving force behind the development of the European Voluntary Service (EVS), which has yielded extraordinary results during its 20-year history that should not be undone; |
D. |
whereas the EU institutions and the Member States need to take a strong stand to actively support the civic involvement of citizens and recognise that volunteering contributes to strengthening the sense of solidarity, social responsibility, and shared common citizenship values and experiences; |
E. |
whereas the creation of the European Solidarity Corps (ESC) must be based on shared EU values, as defined in the Treaties and in the Charter of Fundamental Rights; whereas the goal of the ESC should be to build a sense of community, solidarity and social responsibility in Europe while providing a meaningful and empowering volunteering work, trainee or apprenticeship experience; |
F. |
whereas quality volunteering can create pathways into employment and open up opportunities for social inclusion; |
G. |
whereas most volunteering initiatives take place outside of EU programmes and need to be supported by a conducive legal and financial environment; |
H. |
whereas the EVS is the existing reference framework for volunteering activities in the EU, with a 20-year history of proven effectiveness, know-how and learning achievements; whereas any new EU-wide volunteering programmes should both complement and build on the EVS experience and other successful EU volunteering programmes, such as EU Aid Volunteers; |
I. |
whereas the ESC could represent an opportunity for young people, who are its primary target group (especially those from marginalised communities and poor socio-economic backgrounds), to make a valuable contribution to society and to increase the visibility of EU engagement and revitalise the wider debate on volunteering in Europe and its benefits for society; |
J. |
whereas civil society and youth organisations play an important role as providers of quality local, national and cross-border volunteering experiences; whereas continuous support, accompanied by a conducive legal and financial environment, is necessary in this regard; |
K. |
whereas more than 20 000 people have already registered for the ESC since the launch of the Commission’s online platform in December 2016; |
L. |
whereas the Commission is urged to come up with a clear and detailed legal framework for the ESC, taking into account the following recommendations by the European Parliament; |
European solidarity
1. |
Believes that a clear definition of solidarity action at EU level is essential; asks the Commission to define the objectives of the ESC and to make its actions measurable and efficient, taking into account the important positive impact of solidarity action on both the individual participants and the community; underlines that definitions deemed necessary to facilitate this should be developed in close cooperation with the Member States and the relevant stakeholder organisations active in volunteering, civic service and youth action, in line with the core EU values defined in the Treaties and the Charter; |
2. |
Underlines the need to guarantee equal access to the ESC for all EU citizens; encourages stronger promotion of the possibilities available to people with special needs and people from disadvantaged backgrounds to participate in the initiative; |
3. |
Strongly believes that while the learning component, including that conducted through non-formal and informal education experience, and the impact on the individual volunteer, young worker, trainee or apprentice, are important elements, the ESC’s main goal should be to achieve a positive impact on the beneficiaries of the projects and actions, and the wider community as a clear expression of solidarity and social responsibility; |
4. |
Believes, moreover, that placements made available through the ESC initiative would help to develop participants’ life skills, responsibilities, sense of ownership and sharing, and would help to overcome differences of language, culture, religion, belief or economic circumstance, as well as misconceptions and prejudices; believes that the ESC initiative would also help to promote an active citizenship experience and help participants to acquire a critical analysis of the reality and societal problems that they encounter; calls on the Commission to mainstream gender equality when implementing the ESC; |
5. |
Stresses that civil protection and humanitarian aid cannot be dependent on young people via the European Solidarity Corps; calls, in this regard, on the Commission and the Member States to guarantee continued investments in structured civil protection and humanitarian aid; |
The funding of the European Solidarity Corps
6. |
Is highly concerned at the Commission’s intention to implement the ESC in its first initial phase by incorporating it into existing programmes and initiatives, and in particular educational and cultural programmes such as Erasmus+ and Europe for Citizens, the Youth Guarantee and the Employment and Social Innovation programme without providing sufficient clarity on the exact financial and human resources to be set aside for the ESC; recalls that Parliament, as co-legislator on EU programmes and a budgetary authority, is opposed to reallocating funds from priority programmes, and often lacks sufficient resources to finance core actions and finance new policy initiatives; |
7. |
Calls on the Commission to include in its future legislative proposal on the ESC a clear description of the budgetary arrangements that will allow for the effective functioning of the ESC; underlines that the funding of the ESC must not have a negative impact on existing programmes aimed at young people and initiatives such as the Europe for Citizens and Erasmus+ programmes, the Employment and Social Innovation programme, and initiatives such as the Youth Guarantee, and will not distort the functioning of existing successful tools such as the EVS; |
8. |
Calls on the Commission to provide an effective monitoring and evaluation mechanism for the ESC, in order to ensure its correct implementation, the quality of its opportunities and the sustainability of its results; |
Integration of the European Solidarity Corps into a broader strategy on volunteering
9. |
Suggests that, to make the ESC a success, the Commission should integrate it into a wider policy strategy aimed at creating a conducive environment for volunteering in Europe, while not overlapping with but rather strengthening successful existing initiatives, such as the EVS; |
10. |
Underlines that the vast majority of volunteering takes place at local level and meets local needs, and the ESC should therefore initially focus on locally based volunteering, rather than on cross-border opportunities, which require international mobility and may exclude persons from disadvantaged backgrounds; |
11. |
Emphasises that the ESC should not cause any additional administrative burdens for individuals or participating organisations, and should work in as close a conjunction as possible with existing and well-established volunteering opportunities already provided by civil society organisations; |
12. |
Urges the Commission to seek to ensure a balance between the high number of registrations for the ESC on the online platform and the number of volunteering positions made available, so as not to engender frustration among young people applying for the ESC; |
13. |
Calls on the Commission to mainstream volunteering across European programmes and funds, such as Structural Funds, the Asylum, Migration and Integration Fund, the LIFE programme and the EU external action programmes and funds; underlines, in this respect, the importance of introducing a single focal point for the coordination of EU volunteering policies and programmes; |
14. |
Suggests that educational institutions should include training in the field of volunteering, with a focus on solidarity action, in their curricula, in order to support the implementation of the ESC; |
A clear distinction between volunteering and employment and quality opportunities for young people under the occupational strand
15. |
Calls on the Commission, when implementing the ESC, to make a clear distinction between volunteering activities and job placements in order to maintain the fundamental differences between volunteering and work where the primary focus is on either the needs of the beneficiaries or on the training and development needs of the participants, and to avoid any substitution of potential quality paid employment; stresses, to this end, that volunteering opportunities should not be eligible for funding that is specifically designed to combat youth unemployment, such as the Youth Employment Initiative; |
16. |
Underlines that the volunteering strand should be underpinned by a clear understanding of the principles of quality volunteering, such as those outlined in the European Charter on the Rights and Responsibilities of Volunteers; emphasises, furthermore, that any volunteering should always be in support of non-profit solidarity actions to meet identified community needs; |
17. |
Stresses that the occupational strand should focus on providing quality jobs, traineeships and apprenticeships in the solidarity non-profit and social enterprise of the solidarity sector; |
18. |
Underlines the importance of providing appropriate administrative and financial support to host organisations and bodies from both strands, and ensuring the necessary knowledge and skills to be able to properly host ESC participants; |
19. |
Asks that the host organisations should subscribe to a quality charter comprising agreed objectives, principles and standards such as those outlined in the European Quality Charter on Internships and Apprenticeships (10); encourages the host organisations to describe in advance the skills and competences that should be acquired during the experience; calls for the comparability, recognition and validation of the skills and competences acquired during the experience, as required by the Council Recommendation of 20 December 2012 on the validation of non-formal and informal learning, so that they contribute to the sustainable inclusion of young people in the labour market; highlights that clear standards will help to monitor the implementation of the ESC; |
20. |
Underlines the need to provide young volunteers with adequate financial compensation, and young workers with adequate payment as well as health insurance, training and mentorship; stresses that monitoring of their workload and environment should be taken care of in view of the specific tasks they would have to fulfil for their ESC volunteering or work placement; |
21. |
Repeats its call on Member States to link youth employment policies with quality and sustainable working contracts in order to tackle precariousness and underemployment; |
22. |
Calls on the Commission and the Member States to ensure full access to the European Solidarity Corps for young people from disadvantaged backgrounds or with specific needs; stresses therefore that a specific budget should be allocated to cover costs for personal assistance or extra support for the young person concerned; considers that the EVS could be seen as good practice in this regard; |
Inter-service coordination and stakeholder consultation
23. |
Calls on the Commission to properly coordinate and mainstream the ESC initiative throughout all its services and with all other European and national institutions, so as to ensure coherent and consistent implementation; suggests that the Commission’s Directorate-General for Education, Youth, Sport and Culture would be responsible for the coordination and mainstreaming of the ESC; |
24. |
Reminds the Commission of the need to ensure that the right conditions are provided for proper consultation with key stakeholders, such as youth organisations, European social partners, volunteer-based organisations, trade unions and Member States, prior to drafting the legislative proposal; underlines that these stakeholders should be regularly involved in the implementation and, where appropriate, monitoring of the initiative in order to ensure its correct implementation, the quality of its placements and the sustainability of its results; |
o
o o
25. |
Instructs its President to forward this resolution to the Council, the Commission, and the governments and parliaments of the Member States. |
(1) Texts adopted, P8_TA(2016)0425.
(2) Texts adopted, P8_TA(2016)0005.
(3) OJ C 259 E, 29.10.2009, p. 9.
(4) OJ C 224, 21.6.2016, p. 19.
(5) OJ C 440, 30.12.2015, p. 67.
(6) OJ C 398, 22.12.2012, p. 1.
(7) http://ec.europa.eu/citizenship/pdf/volunteering_charter_en.pdf
(8) OJ L 347, 20.12.2013, p. 470.
(9) OJ L 347, 20.12.2013, p. 50.
(10) http://www.youthforum.org/assets/2014/04/internship_charter_EN.pdf
23.8.2018 |
EN |
Official Journal of the European Union |
C 298/73 |
P8_TA(2017)0131
Adequacy of the protection afforded by the EU-US privacy Shield
European Parliament resolution of 6 April 2017 on the adequacy of the protection afforded by the EU-US Privacy Shield (2016/3018(RSP))
(2018/C 298/11)
The European Parliament,
— |
having regard to the Treaty on European Union (TEU), the Treaty on the Functioning of the European Union (TFEU) and Articles 6, 7, 8, 11, 16, 47 and 52 of the Charter of Fundamental Rights of the European Union, |
— |
having regard to Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (Data Protection Directive) (1), |
— |
having regard to Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters (2), |
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having regard to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (3), and to Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (4), |
— |
having regard to the judgment of the Court of Justice of the European Union of 6 October 2015 in Case C-362/14 Maximillian Schrems v Data Protection Commissioner (5), |
— |
having regard to the Commission communication to the European Parliament and the Council of 6 November 2015 on the transfer of personal data from the EU to the United States of America under Directive 95/46/EC following the judgment by the Court of Justice in Case C-362/14 (Schrems) (COM(2015)0566), |
— |
having regard to the Commission communication to the European Parliament and the Council of 10 January 2017 on Exchanging and Protecting Personal Data in a Globalised World (COM(2017)0007), |
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having regard to the judgment of the Court of Justice of the European Union of 21 December 2016 in Cases C-203/15 Tele2 Sverige AB v Post- och telestyrelsen and C-698/15 Secretary of State for the Home Department v Tom Watson and Others (6), |
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having regard to Commission Implementing Decision (EU) 2016/1250 of 12 July 2016 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequacy of the protection provided by the EU-US Privacy Shield (7), |
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having regard to Opinion 4/2016 of the European Data Protection Supervisor (EDPS) on the EU-US Privacy Shield draft adequacy decision (8), |
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having regard to the Opinion of the Article 29 Data Protection Working Party of 13 April 2016 on the EU-US Privacy Shield draft adequacy decision (9) and the Article 29 Working Party Statement of 26 July 2016 (10), |
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having regard to its resolution of 26 May 2016 on transatlantic data flows (11), |
— |
having regard to Rule 123(2) of its Rules of Procedure, |
A. |
whereas the Court of Justice of the European Union (CJEU) in its judgment of 6 October 2015 in Case C-362/14 Maximillian Schrems v Data Protection Commissioner invalidated the Safe Harbour decision and clarified that an adequate level of protection in a third country must be understood to be ‘essentially equivalent’ to that guaranteed within the European Union by virtue of Directive 95/46/EC read in the light of the Charter of Fundamental Rights of the European Union (hereinafter ‘the EU Charter’), prompting the need to conclude negotiations on a new arrangement so as to ensure legal certainty on how personal data should be transferred from the EU to the US; |
B. |
whereas, when examining the level of protection afforded by a third country, the Commission is obliged to assess the content of the rules applicable in that country deriving from its domestic law or its international commitments, as well as the practice designed to ensure compliance with those rules, since it must, under Article 25(2) of Directive 95/46/EC, take account of all the circumstances surrounding a transfer of personal data to a third country; whereas this assessment must not only refer to legislation and practices relating to the protection of personal data for commercial and private purposes, but must also cover all aspects of the framework applicable to that country or sector, in particular, but not limited to, law enforcement, national security and respect for fundamental rights; |
C. |
whereas transfers of personal data between commercial organisations of the EU and the US are an important element for the transatlantic relationships; whereas these transfers should be carried out in full respect of the right to the protection of personal data and the right to privacy; whereas one of the fundamental objectives of the EU is the protection of fundamental rights, as enshrined in the EU Charter; |
D. |
whereas in its Opinion 4/2016 the EDPS raised several concerns on the draft Privacy Shield; whereas the EDPS welcomes in the same opinion the efforts made by all parties to find a solution for transfers of personal data from the EU to the US for commercial purposes under a system of self-certification; |
E. |
whereas in its Opinion 01/2016 on the EU-US Privacy Shield draft adequacy decision the Article 29 Working Party welcomed the significant improvements brought about by the Privacy Shield compared with the Safe Harbour decision whilst also raising strong concerns about both the commercial aspects and access by public authorities to data transferred under the Privacy Shield; |
F. |
whereas on 12 July 2016, after further discussions with the US administration, the Commission adopted its Implementing Decision (EU) 2016/1250, declaring the adequate level of protection for personal data transferred from the Union to organisations in the United States under the EU-US Privacy Shield; |
G. |
whereas the EU-US Privacy Shield is accompanied by several letters and unilateral statements from the US administration explaining, inter alia, the data protection principles, the functioning of oversight, enforcement and redress and the protections and safeguards under which security agencies can access and process personal data; |
H. |
whereas in its statement of 26 July 2016, the Article 29 Working Party welcomes the improvements brought by the EU-US Privacy Shield mechanism compared with Safe Harbour and commended the Commission and the US authorities for having taken into consideration its concerns; whereas the Article 29 Working Party indicates, nevertheless, that a number of its concerns remain, regarding both the commercial aspects and the access by US public authorities to data transferred from the EU, such as the lack of specific rules on automated decisions and of a general right to object, the need for stricter guarantees on the independence and powers of the Ombudsperson mechanism, and the lack of concrete assurances of not conducting mass and indiscriminate collection of personal data (bulk collection); |
1. |
Welcomes the efforts made by both the Commission and the US administration to address the concerns raised by the CJEU, the Member States, the European Parliament, data protection authorities (DPAs) and stakeholders, so as to enable the Commission to adopt the implementing decision declaring the adequacy of the EU-US Privacy Shield; |
2. |
Acknowledges that the EU-US Privacy Shield contains significant improvements regarding the clarity of standards compared with the former EU-US Safe Harbour and that US organisations self-certifying adherence to the EU-US Privacy Shield will have to comply with clearer data protection standards than under Safe Harbour; |
3. |
Takes note that as at 23 March 2017, 1 893 US organisations have joined the EU-US Privacy Shield; regrets that the Privacy Shield is based on voluntary self-certification and therefore applies only to US organisations which have voluntarily signed up to it, which means that many companies are not covered by the scheme; |
4. |
Acknowledges that the EU-US Privacy Shield facilitates data transfers from SMEs and businesses in the Union to the US; |
5. |
Notes that, in line with the ruling of the CJEU in the Schrems case, the powers of the European DPAs remain unaffected by the adequacy decision and they can, therefore, exercise them, including the suspension or the ban of data transfers to an organisation registered with the EU-US Privacy Shield; welcomes in this regard the prominent role given by the Privacy Shield Framework to Member State DPAs to examine and investigate claims related to the protection of the rights to privacy and family life under the EU Charter and to suspend transfers of data, as well as the obligation placed upon the US Department of Commerce to resolve such complaints; |
6. |
Notes that under the Privacy Shield Framework, EU data subjects have several means available to them to pursue legal remedies in the US: first, complaints can be lodged either directly with the company or through the Department of Commerce following a referral by a DPA, or with an independent dispute resolution body, secondly, with regard to interferences with fundamental rights for the purpose of national security, a civil claim can be brought before the US court and similar complaints can also be addressed by the newly created independent Ombudsperson, and finally, complaints about interferences with fundamental rights for the purposes of law enforcement and the public interest can be dealt with by motions challenging subpoenas; encourages further guidance from the Commission and DPAs to make those legal remedies all the more easily accessible and available; |
7. |
Acknowledges the clear commitment of the US Department of Commerce to closely monitor the compliance of US organisations with the EU-US Privacy Shield Principles and their intention to take enforcement actions against entities failing to comply; |
8. |
Reiterates its call on the Commission to seek clarification on the legal status of the ‘written assurances’ provided by the US and to ensure that any commitment or arrangement foreseen under the Privacy Shield is maintained following the taking up of office of a new administration in the United States; |
9. |
Considers that, despite the commitments and assurances made by the US Government by means of the letters attached to the Privacy Shield arrangement, important remain as regards certain commercial aspects, national security and law enforcement; |
10. |
Specifically notes the significant difference between the protection provided by Article 7 of Directive 95/46/EC and the ‘notice and choice’ principle of the Privacy Shield arrangement, as well as the considerable differences between Article 6 of Directive 95/46/EC and the ‘data integrity and purpose limitation’ principle of the Privacy Shield arrangement; points out that instead of the need for a legal basis (such as consent or contract) that applies to all processing operations, the data subject rights under the Privacy Shield Principles only apply to two narrow processing operations (disclosure and change of purpose) and only provide for a right to object (‘opt-out’); |
11. |
Takes the view that these numerous concerns could lead to a fresh challenge to the decision on the adequacy of the protection being brought before the courts in the future; emphasises the harmful consequences as regards both respect for fundamental rights and the necessary legal certainty for stakeholders; |
12. |
Notes, amongst other things, the lack of specific rules on automated decision-making and on a general right to object, and the lack of clear principles on how the Privacy Shield Principles apply to processors (agents); |
13. |
Notes that, while individuals have the possibility to object vis-à-vis the EU controller to any transfer of their personal data to the US, and to the further processing of those data in the US where the Privacy Shield company acts as a processor on behalf of the EU controller, the Privacy Shield lacks specific rules on a general right to object vis-à-vis the US self-certified company; |
14. |
Notes that only a fraction of the US organisations that have joined the Privacy Shield have chosen to use an EU DPA for the dispute resolution mechanism; is concerned that this constitutes a disadvantage for EU citizens when trying to enforce their rights; |
15. |
Notes the lack of explicit principles on how the Privacy Shield Principles apply to processors (agents), while recognising that all principles apply to the processing of personal data by any US self-certified company ‘[u]nless otherwise stated’ and that the transfer for processing purposes always requires a contract with the EU controller which will determine the purposes and means of processing, including whether the processor is authorised to carry out onward transfers (e.g. for sub-processing); |
16. |
Stresses that, as regards national security and surveillance, notwithstanding the clarifications brought by the Office of the Director of National Intelligence (ODNI) in the letters attached to the Privacy Shield framework, ‘bulk surveillance’, despite the different terminology used by the US authorities, remains possible; regrets the lack of a uniform definition of the concept of bulk surveillance and the adoption of the American terminology, and therefore calls for a uniform definition of bulk surveillance linked to the European understanding of the term, where evaluation is not made dependent on selection; stresses that any kind of mass surveillance is in breach of the EU Charter; |
17. |
Recalls that Annex VI (letter from Robert S. Litt, ODNI) clarifies that under Presidential Policy Directive 28 (hereinafter ‘PPD-28’), bulk collection of personal data and communications of non-US persons is still permitted in six cases; points out that such bulk collection only has to be ‘as tailored as feasible’ and ‘reasonable’, which does not meet the stricter criteria of necessity and proportionality as laid down in the EU Charter; |
18. |
Notes with great concern that the Privacy and Civil Liberties Oversight Board (PCLOB) referred to in Annex VI (letter from Robert S. Litt, ODNI) as an independent body established by statute, charged with analysing and reviewing counter-terrorism programmes and policies, including the use of signals intelligence, to ensure that they adequately protect privacy and civil liberties, lost its quorum on 7 January 2017 and will be in a sub-quorum status until new Board Members are nominated by the US President and confirmed by the US Senate; highlights that in a sub-quorum status the PCLOB is more limited in its authority and cannot undertake certain actions that require approval of the Board such as initiating oversight projects or making oversight recommendations, thus seriously undermining the compliance and oversight guarantees and assurances made by US authorities in this field; |
19. |
Deplores the fact that the EU-US Privacy Shield does not prohibit the collection of bulk data for law enforcement purposes; |
20. |
Stresses that in its judgment of 21 December 2016, the CJEU clarified that the EU Charter ‘must be interpreted as precluding national legislation which, for the purpose of fighting crime, provides for the general and indiscriminate retention of all traffic and location data of all subscribers and registered users relating to all means of electronic communication’; points out that the bulk surveillance in the US therefore does not provide for an essentially equivalent level of the protection of personal data and communications; |
21. |
Is alarmed by the recent revelations about surveillance activities conducted by a US electronic communications service provider on all emails reaching its servers, upon request of the National Security Agency (NSA) and the FBI, as late as 2015, i.e. one year after Presidential Policy Directive 28 was adopted and during the negotiation of the EU-US Privacy Shield; insists that the Commission seek full clarification from the US authorities and make the answers provided available to the Council, Parliament and national DPAs; sees this as a reason to strongly doubt the assurances brought by the ODNI; is aware that the EU-US Privacy Shield rests on PPD-28, which was issued by the President and can also be repealed by any future President without Congress’s consent; |
22. |
Notes with concern that, on 23 and 28 March 2017 respectively, both the US Senate and the House of Representatives voted in favour of rejecting the rule submitted by the Federal Communications Commission relating to ‘Protecting the Privacy of Customers of Broadband and Other Telecommunications Services’, which in practice eliminates broadband privacy rules that would have required Internet Service Providers to get consumers’ explicit consent before selling or sharing web browsing data and other private information with advertisers and other companies; considers that this is yet another threat to privacy safeguards in the United States; |
23. |
Expresses great concerns at the issuance of the ‘Procedures for the Availability or Dissemination of Raw Signals Intelligence Information by the National Security Agency under Section 2.3 of Executive Order 12333’, approved by the Attorney General on 3 January 2017, allowing the NSA to share vast amounts of private data gathered without warrants, court orders or congressional authorisation with 16 other agencies, including the FBI, the Drug Enforcement Agency and the Department of Homeland Security; calls on the Commission to immediately assess the compatibility of these new rules with the commitments made by the US authorities under the Privacy Shield, as well as their impact on the level of personal data protection in the United States; |
24. |
Recalls that while individuals, including EU data subjects, have a number of avenues of redress when they have been the subject of unlawful (electronic) surveillance for national security purposes in the US, it is equally clear that at least some legal bases that US intelligence authorities may use (e.g. Executive Order 12333) are not covered; highlights moreover that, even where judicial redress possibilities in principle do exist for non-US persons, such as for surveillance under FISA, the available causes of action are limited and claims brought by individuals (including US persons) will be declared inadmissible where they cannot show ‘standing’, which restricts access to ordinary courts; |
25. |
Calls on the Commission to assess the impact of the Executive Order on ‘Enhancing Public Safety in the Interior of the United States’ of 25 January 2017, and in particular its Section 14 on the exclusion of foreign citizens from the protections of the Privacy Act regarding personally identifiable information, contradicting the written assurances that judicial redress mechanisms exist for individuals in cases where data was accessed by the US authorities; asks the Commission to communicate a detailed legal analysis of the consequence of the Executive Order measures on avenues for remedies and the right to judicial redress for Europeans in the US; |
26. |
Deplores the fact that neither the Privacy Shield Principles nor the letters of the US administration providing clarifications and assurances demonstrate the existence of effective judicial redress rights for individuals in the EU whose personal data are transferred to a US organisation under the Privacy Shield Principles and further accessed and processed by US public authorities for law enforcement and public interest purposes, which were emphasised by the CJEU in its judgment of 6 October 2015 as the essence of the fundamental right in Article 47 of the EU Charter; |
27. |
Recalls its resolution of 26 May 2016 stating that the Ombudsperson mechanism set up by the US Department of State is not sufficiently independent and is not vested with sufficient effective powers to carry out its duties and provide effective redress to EU individuals; points out that to date the incoming US administration has not appointed a new Ombudsperson following the end of term of the Under Secretary for Economic Growth, Energy, and the Environment appointed to this role in July 2016; considers that in the absence of an appointed independent and sufficiently empowered Ombudsperson, the US assurances with regard to the provision of effective redress to EU individuals would be null and void; is generally concerned that an individual affected by a breach of the rules can apply only for information and for the data to be deleted and/or for a stop to further processing, but has no right to compensation; |
28. |
Notes with concern that, as of 30 March 2017, the Federal Trade Commission (FTC), which enforces the Privacy Shield, has three of its five seats vacant; |
29. |
Regrets that the procedure of adoption of an adequacy decision does not provide for a formal consultation of relevant stakeholders such as companies, and in particular SMEs’ representation organisations; |
30. |
Regrets that the Commission followed the procedure for adoption of the Commission implementing decision in a practical manner that de facto has not enabled Parliament to exercise its right of scrutiny on the draft implementing act in an effective manner; |
31. |
Calls on the Commission to take all the necessary measures to ensure that the Privacy Shield will fully comply with Regulation (EU) 2016/679, to be applied as from 16 May 2018, and with the EU Charter; |
32. |
Calls on the Commission to ensure, in particular, that personal data that has been transferred to the US under the Privacy Shield can only be transferred to another third country if that transfer is compatible with the purpose for which the data was originally collected, and if the same rules of specific and targeted access for law enforcement apply in the third country; |
33. |
Calls on the Commission to monitor whether personal data which is no longer necessary for the purpose for which it had been originally collected is deleted, including by law enforcement agencies; |
34. |
Calls on the Commission to closely monitor whether the Privacy Shield allows for the DPAs to fully exercise all their powers, and if not, to identify the provisions that result in a hindrance to the DPAs’ exercise of powers; |
35. |
Calls on the Commission to conduct, during the first joint annual review, a thorough and in-depth examination of all the shortcomings and weaknesses referred to in this resolution and in its resolution of 26 May 2016 on transatlantic data flows, and those identified by the Article 29 Working Party, the EDPS and the stakeholders, and to demonstrate how they have been addressed so as to ensure compliance with the EU Charter and Union law, and to evaluate meticulously whether the mechanisms and safeguards indicated in the assurances and clarifications by the US administration are effective and feasible; |
36. |
Calls on the Commission to ensure that when conducting the joint annual review, all the members of the team have full and unrestricted access to all documents and premises necessary for the performance of their tasks, including elements allowing a proper evaluation of the necessity and proportionality of the collection and access to data transferred by public authorities, for either law enforcement or national security purposes; |
37 |
.Stresses that all members of the joint review team must be ensured independence in the performance of their tasks and must be entitled to express their own dissenting opinions in the final report of the joint review, which will be public and annexed to the joint report; |
38. |
Calls on the Union DPAs to monitor the functioning of the EU-US Privacy Shield and to exercise their powers, including the suspension or definitive ban of personal data transfers to an organisation in the EU-US Privacy Shield if they consider that the fundamental rights to privacy and the protection of personal data of the Union’s data subjects are not ensured; |
39. |
Stresses that Parliament should have full access to any relevant document related to the joint annual review; |
40. |
Instructs its President to forward this resolution to the Commission, the Council, the governments and national parliaments of the Member States and the US Government and Congress. |
(1) OJ L 281, 23.11.1995, p. 31.
(2) OJ L 350, 30.12.2008, p. 60.
(4) OJ L 119, 4.5.2016, p. 89.
(5) ECLI:EU:C:2015:650.
(6) ECLI:EU:C:2016:970.
(8) OJ C 257, 15.7.2016, p. 8.
(9) http://ec.europa.eu/justice/data-protection/article-29/documentation/opinion-recommendation/files/2016/wp238_en.pdf
(10) http://ec.europa.eu/justice/data-protection/article-29/press-material/press-release/art29_press_material/2016/20160726_wp29_wp_statement_eu_us_privacy_shield_en.pdf
(11) Texts adopted, P8_TA(2016)0233.
Thursday 27 April 2017
23.8.2018 |
EN |
Official Journal of the European Union |
C 298/80 |
P8_TA(2017)0138
Annual report on the control of the financial activities of the European Investment Bank for 2015
European Parliament resolution of 27 April 2017 on the annual report on the control of the financial activities of the EIB for 2015 (2016/2098(INI))
(2018/C 298/12)
The European Parliament,
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having regard to the 2015 Activity Report of the European Investment Bank, |
— |
having regard to the 2015 Financial Report and the 2015 Statistical Report of the European Investment Bank, |
— |
having regard to the 2015 Sustainability Report, the 2015 Report on 3 Pillar Assessment for EIB operations inside the EU and the 2015 Report on Results Outside of the EU of the European Investment Bank, |
— |
having regard to the Audit Committee annual reports for the year 2015, |
— |
having regard to the European Investment Bank Group Annual Report on Anti-Fraud Activities 2015, |
— |
having regard to the Report on the implementation of the EIB’s Transparency Policy in 2015 and the 2015 Corporate Governance Report, |
— |
having regard to the EIB Office of the Chief Compliance Officer Activity Report 2015, |
— |
having regard to the EIB Group Operational Plans 2014-2016, 2015-2017, 2016-2018 and the EIF Corporate Operational Plan 2014-2016, |
— |
having regard to Articles 3 and 9 of the Treaty on European Union (TEU), |
— |
having regard to Articles 15, 126, 174, 175, 208, 209, 271, 308 and 309 of the Treaty on the Functioning of the European Union (TFEU), to Protocol No 5 on the Statute of the EIB and to Protocol No 28 on economic, social and territorial cohesion, |
— |
having regard to Protocol No 1 on the role of National Parliaments in the European Union, |
— |
having regard to the Rules of Procedure of the European Investment Bank, |
— |
having regard to its resolutions of 11 March 2014 on the European Investment Bank (EIB) — Annual Report 2012 (1), of 30 April 2015 on the European Investment Bank — Annual Report 2013 (2), of 28 April 2016 on the European Investment Bank (EIB) — Annual Report 2014 (3), |
— |
having regard to Decision No 1080/2011/EU of the European Parliament and of the Council of 25 October 2011 (4) on the EIB External Mandate 2007-2013 and to Decision No 466/2014/EU of the European Parliament and of the Council of 16 April 2014 granting an EU guarantee to the European Investment Bank against losses under financing operations supporting investment projects outside the Union (5), |
— |
having regard to Regulation (EU) No 670/2012 of the European Parliament and of the Council of 11 July 2012 amending Decision No 1639/2006/EC establishing a Competitiveness and Innovation Framework Programme (2007-2013) and Regulation (EC) No 680/2007 laying down general rules for the granting of Community financial aid in the field of the trans-European transport and energy networks (6) (concerning the pilot phase for the Europe 2020 Project Bond Initiative), |
— |
having regard to the Commission communication of 26 November 2014 on ‘An Investment Plan for Europe’ (COM(2014)0903), |
— |
having regard to Regulation (EU) 2015/1017 of the European Parliament and of the Council of 25 June 2015 on the European Fund for Strategic Investments, the European Investment Advisory Hub and the European Investment Project Portal and amending Regulations (EU) No 1291/2013 and (EU) No 1316/2013 — the European Fund for Strategic Investments (7), |
— |
having regard to the Commission communication of 22 July 2015 entitled ‘Working together for jobs and growth: The role of National Promotional Banks (NPBs) in supporting the Investment Plan for Europe’ (COM(2015)0361), |
— |
having regard to the Commission communication of 1 June 2016 entitled ‘Europe investing again, Taking stock of the Investment Plan for Europe and next steps’ (COM(2016)0359), |
— |
having regard to the Commission staff working document of 14 September 2016 on the extension of the duration of the European Fund for Strategic Investments (EFSI) and to the introduction of technical enhancements for that Fund and the European Investment Advisory Hub (COM(2016)0597, SWD(2016)0297 and SWD(2016)0298), |
— |
having regard to the EIB’s operations evaluation of the functioning of theEFSI of September 2016, |
— |
having regard to Opinion No 2/2016 of the European Court of Auditors on the proposal for a regulation to increase and extend the EFSI, |
— |
having regard to Special Report 19/2016 of the European Court of Auditors entitled ‘Implementing the EU budget through financial instruments — lessons to be learnt from the 2007-2013 programme period’, |
— |
having regard to the Ernst & Young ad-hoc audit of 8 November 2016 of the application of Regulation (EU) 2015/1017 (‘EFSI Regulation’), |
— |
having regard to the Tripartite Agreement of September 2016 between the European Commission, the European Court of Auditors and the European Investment Bank, |
— |
having regard to the letter of the European Ombudsman to the President of the European Investment Bank dated 22 July 2016, |
— |
having regard to Rule 52 of its Rules of Procedure, |
— |
having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Regional Development (A8-0161/2017), |
A. |
whereas the EIB is treaty-bound to contribute to EU integration, economic and social cohesion and regional development through dedicated investment instruments such as loans, equities, guarantees, risk-sharing facilities and advisory services; |
B. |
whereas the EIB, as the biggest public lender in the world, operates in the international capital markets, offering competitive terms to clients and favourable conditions to support EU policies and projects; |
C. |
whereas the European Investment Fund (EIF) and the European Fund for Strategic Investments (EFSI) should play a key role in complementing the EIB’s interventions as the EU’s specialist vehicle for venture capital and guarantees aimed primarily at supporting SMEs and European integration and economic, social and territorial cohesion; |
D. |
whereas there are three different reports produced in the European Parliament on the activities of the EIB: a report on EIB financial activities (prepared by the Committee on Economic and Monetary Affairs and the Committee on Budgets), a report on the control of the financial activities of the EIB (prepared by the Committee on Budgetary Control), and a report on the implementation of EFSI (prepared by the Committee on Economic and Monetary Affairs and the Committee on Budgets); |
E. |
whereas safeguards against fraud, including tax fraud and money laundering, and against the financing of terrorism risks are contained in EIB contractual provisions included in the contracts signed between the EIB Group and its counterparties; whereas the EIB shall require that its counterparties comply with all applicable legislation; whereas additional contractual provisions addressing specific transparency and integrity issues should be imposed by the EIB on the basis of due diligence results; |
F. |
whereas the EIB acts as the implementing arm of the EU 2020 strategy and flagship initiatives by ensuring the use of public investment in substitution or correction of financial market gaps and by triggering new EU drivers of growth and job creation; |
G. |
whereas the catalytic effect of the EIB’s fundraising is a key element in defining EU added value and ensuring that Europe remains a leading player worldwide with all the attributes of a world-class economy in terms of competitiveness, innovation, infrastructure and attractiveness; |
H. |
whereas the EIB’s investments constitute an eco-stimulus package for making the EU far better equipped to remain a place of opportunities and to meet the challenges of globalised economic competition; |
I. |
whereas the Investment Plan for Europe is part of a broader strategy aimed at reversing the negative trend observed in public and private investment by mobilising new and private financial liquidity to be injected into the real economy with a view to fostering long-term strategic and sustainable investments across the Union; |
J. |
whereas there is currently a growing number of financial instruments designed and promoted by the EIB, from PPPs to securitisation; whereas such instruments may risk bringing about the socialisation of losses and privatisation of profits; |
K. |
whereas the EIB’s financing of operations outside the EU primarily supports the EU’s external policy objectives, while expanding the Union’s visibility and values and contributing to maintaining the stability of third countries; |
L. |
whereas continuous attention should be focused on the development of best practices related to the EIB’s performance policy and management, as well as good governance and transparency; |
M. |
whereas the EIB should maintain the triple-A rating as a fundamental asset of its business model and a high-quality, solid assets portfolio with sound investment projects in implementing the EFSI; |
N. |
whereas the EIB has not yet undertaken all necessary measures in response to the recommendations and calls of Parliament in its resolutions on the EIB Annual Reports from previous years; |
Enhancing the sustainability of the EIB’s investment policy
1. |
Notes that EUR 77,5 billion of operations were signed in 2015 (compared with EUR 77 billion in 2014), out of which EUR 69,7 billion went to EU Member States and EUR 7,8 billion went outside the EU; |
2. |
Welcomes the EIB’s annual reports for 2015 and its achievements presented therein, and the efforts achieved for a better presentation and reporting the EIB’s contribution (or additionality) and results; |
3. |
Recalls Parliament’s request to present a more comprehensive and harmonised annual report for a better qualitative overview and evaluation of the EIB’s overall activities and lending priorities; insists that the EIB further refines and provides information on the concrete and achieved economic, social and environmental impact, and added value, of its operations in the Member States and outside the EU; |
4. |
Emphasises that all EIB-financed activities must be part of and steadily consistent with the EU’s general strategy and political priority areas as defined in the Europe 2020 strategy, the Growth and Employment Facility and the Compact for Growth and Jobs, while applying the economic, social, financial efficiency and environmental impact criteria to project selection, in order to ensure the consistent implementation of EU policy; |
5. |
Emphasises the need to present concrete and concise results on how the EIB’s external investments have contributed to the achievement of the EU’s priorities and the development of capacity-building in the regions; |
6. |
Strongly encourages the EIB to continue its efforts to overcome investment, market and sectoral gaps and to invest in projects and operations which have real added value for achieving greater EU economic, social and territorial cohesion, a stronger investment environment, higher employment and the return of sustainable growth across the EU; |
7. |
Recalls that supporting economic recovery, sustainable growth and stronger cohesion is an overarching objective and that the EIB should better anticipate structural challenges, notably those related to Europe’s re-industrialisation and the knowledge-based and digital economy, in order to generate new economic opportunities, innovation, the development of a circular economy and better use of renewables in line with the goals of environmental, climate and energy policies; stresses that the process of reindustrialisation must be undertaken while taking into account the need to create high-quality jobs on the one hand and the various situations that characterise the European economy on the other, but in any event with due regard for the environment and the health of workers and members of the public; |
8. |
Is of the opinion that the EIB should systematically pay attention to mid- and long-term economic, social and environmental effects when defining investment actions and its funding decisions, particularly with regard to cross-border aspects; considers it necessary for the EIB to invest in both large- and small-scale sustainable projects of systemic importance in the long term that create added value at regional and EU level; |
9. |
Emphasises that the soundness of funded projects should by definition be assessed not only in terms of economic relevance but also with an equally strong focus on environmental and social sustainability, as well as on the political, cross-border and regional importance of such projects; recalls that prioritisation within the EIB’s lending activities on projects with clear and sustainable deliverables and impact on growth and employment must remain the core guiding principle; |
10. |
Acknowledges that the EIB is a core actor needed to revitalise the EU economy, boost employment, drive up growth figures in the Member States and maximise the effectiveness and value for money of available financial resources by using revolving instruments, namely through a multiplier effect of guarantee funds and leveraging; |
11. |
Believes there is a need to secure a resilient, sustainable and stable EU funding strategy to speed up economic recovery, boost employment and help certain economic sectors and less-developed regions catch up; recalls the need to focus on productive investment that makes a difference, especially in the long term, and to bolster the primary sector, research, infrastructures and employment; believes that projects should be chosen on the basis of their own merits, their potential to generate added value for the EU as a whole, and effective additionality, possibly with a higher risk profile; |
12. |
Reiterates, in this respect, that more information should be made public on the precise nature of individual projects funded directly or indirectly through the EIB’s lending activities, and, in particular, on their added value and expected economic impact on each Member State; |
13. |
Reiterates Parliament’s concern about defining a balanced strategy with a dynamic, fair and transparent geographical distribution of projects and investments among Member States, taking into account the special focus on the less developed countries and regions; observes that 73 % of the EIB’s total lending for 2015 (EUR 51 billion) is concentrated in six Member States, which shows that not all Member States or regions are able to benefit equally from investment opportunities; |
14. |
Supports EIB initiatives to provide joint technical assistance on the ground to the managing authorities and financial intermediaries, including targeted fi-compass training; |
15. |
Invites the EIB to step up its communication policy towards potential stakeholders and private investors on the available funding sources and instruments, and towards citizens on the results achieved; |
16. |
Calls on the EIB and the Commission to step up the dissemination of their financing possibilities, as well as their support and advice, to increase funding for projects of local and regional authorities and SMEs, and to simplify the access to EIB finance and blending grants with loans and financial instruments; calls on the Commission to support the drawing-up of training programmes for potential beneficiaries by giving managing authorities a more substantial role in providing information, guidance and advice for final beneficiaries; |
17. |
Considers it fundamental that the EIB keep its triple-A rating in order to preserve its access to international capital markets under the best borrowing conditions and to pass on the benefits in its investment strategy and lending conditions; calls on the EIB to develop its risk culture in order to improve its effectiveness and the complementarity and synergies between its interventions and various EU policies; |
18. |
Is deeply concerned about the generally higher costs and fees for EIB/EIF-managed funds implementing financial instruments under shared management, which have been revealed by the European Court of Auditors’ (ECA) findings in its Special Report 19/2016 on ‘Implementing the EU budget through financial instruments — lessons to be learnt from the 2007-2013 programme period’ and encourages the ECA to conduct a similar audit for the current period; |
Monitoring the EIB’s impact in the implementation of key public policy areas
19. |
Notes the report on the results and impact of the EIB operations inside the EU in 2015 based on the three-pillar assessment methodology with a view to assessing expected results, monitoring current results and measuring the impact of the four key public policy goals (PPGs), namely Innovation and skills (22,7 % of EIB signatures in 2015, amounting to EUR 15,8 billion), Finance for SMEs and mid-caps (28,5 % of signatures, or EUR 19,8 billion), Infrastructure (24,5 %, or EUR 17,1 billion) and Environment (24,3 %, or EUR 16,9 billion); notes that a selection of outputs and outcomes for the new operations signed are included to illustrate expected results, but that there is no information included in this report about monitored current results, nor on the impact achieved; |
20. |
Regrets that there is no information provided in the 2015 Annual Report on the EIB operations inside the EU about expected and achieved results from the Bank operations with regard to its two cross-cutting policy objectives, namely climate action and cohesion; is concerned that in 2015 the EIB did not reach the envisaged level of 30 % investments for cohesion (25,2 % achieved inside the EU) and that the forecasted implementation for 2016 (27 %) is also below the target of 30 %; strongly invites the EIB to reinstate economic, social and territorial cohesion as a primary public policy goal and to start explicit reporting on its implementation; |
21. |
Regrets as well as that the updating of the three-pillar methodology to align it with the requirements of the EFSI Regulation has not led to harmonisation of the EIB reporting for operations inside the EU with the reporting of operations outside the EU and to the inclusion of analytical and comprehensive information about achieved concrete results inside the EU; requests more information to be disclosed at project level by giving public access to 3 Pillars Assessment (3PA) and Results Measurement Framework (REM) project evaluation and assessment sheets; |
22. |
Highlights that an ambitious investment strategy must be coupled with clear monitoring and reporting instruments that guarantee performance management; |
23. |
Calls on the EIB to continuously put an emphasis on its performance scrutiny via performance assessments and proven impact; encourages the EIB to continue to define its monitoring indicators, more specifically indicators of additionality, with a view to assessing the impact as early as possible in the project generation phase, and providing the Board with sufficient information on the expected impact, in particular with regard to the contribution to EU policies; |
24. |
Acknowledges the complexity of monitoring a growing portfolio and various projects pipeline and subsequently the overall management of indicators; encourages the EIB to apply greater efforts to ensure proper monitoring; |
25. |
Encourages the EIB to be more pro-active towards Member States in order to provide capacity-building and advisory services directly to the beneficiaries for the preparation of large-scale investment projects through better cooperation with relevant national or decentralised authorities or national promotional banks; |
Funding schemes for SMEs
26. |
Recalls that the EIB has worldwide responsibilities in ensuring the EU’s attractiveness on the world stage by promoting a conducive investment climate for business and enterprises; |
27. |
Acknowledges the central role that SMEs and mid-caps play in boosting employment and the growth of the economy of the EU and individual Member States; supports the EIB’s efforts to intensify its support to all kinds of SMEs (starting capital, start-ups, micro-medium sized businesses, business clusters), with a focus on new business models with high-potential job opportunities for young people; calls on the EIB, in this context, to make the necessary efforts to ensure full implementation of the SME Initiative programme; |
28. |
Takes note that the EIB’s support to SMEs accounted for approximately 36,6 % of its funding in 2015, triggering a leverage effect of EUR 39,7 billion for SME finance and supporting 5 million jobs; |
29. |
Welcomes the EIF efforts to make the SME Initiative work currently in six countries (Spain, Italy, Bulgaria, Finland, Romania and Malta), which are expected to benefit from about EUR 8,5 billion of new SME loans on favourable terms; calls on the Member States to implement the SME Initiative on a wider scale, bearing in mind its capacity to reduce the risk for financial intermediaries; appreciates therefore the proposal of the Commission to prolong the SME Initiative until 2020; stresses, however, that the SME Initiative should play a bigger role, as the financing of SMEs is vital for promoting growth and jobs in the EU, especially in the period after the economic and financial crisis; calls on the EIB to monitor and enhance the use of the instrument of securitisation; asks, furthermore, for improvements to the EIB’s communication policy and the administrative conditions of the SME Initiative; calls on the EIF to publish a report detailing the programme’s successes and failures; |
30. |
Welcomes the launch of new instruments, agreed between the EIB and the Commission, such as the Private Finance for Energy Efficiency (PF4EE) instrument, the SME initiative and the Employment and Social Innovation (EaSI) financial instruments, which are expected to contribute to the achievement of the Europe 2020 strategy goals; notes the EIF’s activities, in particular the COSME (Competitiveness of Enterprises and SMEs) financial instruments and Innovfin, which benefited from the EFSI in 2015 by doubling the amount of loans it guarantees; |
31. |
Invites the EIB to increase its intervention risk profile, especially when supporting SMEs which are taking risks or evolving in economically disadvantaged regions or regions which lack stability; believes also that the SME sector and access to financing is a recurrent and longstanding objective to be pursued and further enhanced; |
Innovation
32. |
Supports all the incentives for market-driven innovation, social development and environmental protection, thereby maintaining sustainable growth and a careful use of resources; supports incentives which help the EU’s ambition to become a circular, knowledge-based and digital economy and maintain the EU’s competitiveness; |
33. |
Notes that the EIB already finances investments in R&D by EU security companies where civilian and dual-use technologies are concerned; is of the opinion that, as regards dual-use technologies, the EIB should primarily support those investments that are motivated by their commercialisation in civilian applications — examples of EIB projects of this type already included R&D investments in aircraft and space supplies, radar systems, cybersecurity and cloud security, microelectronics and vaccines; |
34. |
Notes that loans to innovative projects in 2015 amounted to a record level of EUR 18,7 billion and welcomes the greater emphasis being placed by the EIB on investment in innovation; |
35. |
Notes that, through continuing its support for civilian and dual-use technologies, the EIB could increase its support to the EU security sector within its established legal framework; this includes operations benefiting from the EFSI; |
Infrastructure
36. |
Invites the EIB to continue supporting infrastructure agenda based on efficient projects of common interest in the transport and energy sectors with their own resources and by implementing the Debt Financial Instruments under the Connected Europe Facility, while considering their compatibility with environmental and climate policy objectives and regional development; calls on the EIB to develop new financial instruments for the building of infrastructure and works under the terms of macro-regional strategies; |
37. |
Welcomes the level of financing of the objectives of economic and social cohesion (EUR 17 634 billion) and rural and urban regeneration (EUR 5 467 billion), and recommends that it be maintained; regards that funding as an essential complement to cohesion policy and the European Structural and Investment Funds (ESI Funds); emphasises the importance of maintaining a regular dialogue with the managing authorities to establish synergies and complementarity between both instruments; |
38. |
Calls on the EIB, Commission and national, regional and local authorities together with National Promotional Banks and Institutions (NPBIs) to strengthen their cooperation in order to create more synergies between the ESI Funds and EIB financing instruments and loans as well as to reduce the administrative burdens, simplify procedures, increase the administrative capacity, boost territorial development and cohesion and improve understanding of ESI Funds and EIB financing; considers that little information is available with regard to the blending activities of the EIB in Cohesion Policy projects and programmes; requests the EIB to honour its role as a public institution and to pursue the highest ambition in relation to accountability, transparency and visibility to avoid ambiguity; calls on the EIB to develop a communication policy regarding its activities, including its advisory activities, so that all forms of government and all beneficiaries can have access to its programmes; |
39. |
Underlines that the increased use of financial instruments in cohesion policy requires stronger involvement of the European Parliament in scrutinising the EIB’s activities also to allow for better assessing the implications and consequences of the EIB’s role; |
40. |
Requests the Member States to make full use of their allocation of ESI Funds and additionality, thus complementing EIB loans and financial instruments; asks, moreover, for more and better blending of grants with EIB financing to better exploit the leverage effect of ESI Funds; asks that the EIB spearheads this process as it has the expertise and a responsibility to shareholders that will help it deliver a return on its investments; |
41. |
Calls on the EIB to increase its financing of economic and social cohesion as well as of the urban objectives, while continuing to support traditional and innovative sectors in the EU; calls, moreover, for the development of special financial instruments to support the implementation of macroregional action plans and strategies, in cooperation with the Member States; |
Environment and climate investment
42. |
Encourages the EIB to focus its climate action on the sustainability of cross-sector projects in the context of the COP21 targets and to support the expansion of renewable energies and resource efficiency; notes that financing for renewables reached EUR 3,4 billion; |
43. |
Calls on the EIB to re-assess the attention that it specifically devotes to gas infrastructure projects, especially as gas demand in Europe is declining while new large-scale plans to build new pipelines and LNG terminals are emerging; expresses concern that the EIB investments in gas infrastructure could lead to investments in stranded assets; |
44. |
Believes it necessary to continue the development of a market for sustainable green projects, promoting above all the creation of a circular economy, in particular via a green bond market; |
EIB’s contribution to the management of global issues
45. |
Notes the increase of the external mandate from EUR 10 to 27 billion, with an additional optional amount of EUR 3 billion; recalls the need to constantly maintain the coherence of this mandate with the objectives of the EU’s external policy, particularly with regard to respect for civil rights in the countries receiving financing; reiterates Parliament’s request to the ECA to prepare a special report on the alignment with EU policies of EIB external lending interventions and their performance; |
46. |
Welcomes the EIB’s rapid adaptation capacity to international challenges; calls on the EIB to continue its support to EU external policies and emergency response related to the global challenge of migration by including the development aspect and by promoting economic resilience; |
Monitoring of the EFSI’s added value and additionality
47. |
Notes that the EFSI aims at leveraging through the EIB a total of EUR 315 billion in extra investment and new projects in the real economy by 2018; observes that 97 infrastructure and innovation projects and 192 SME financing agreements have been approved, representing a total expected investment of EUR 115,7 billion; |
48. |
Recognises that the implementation of the EFSI has rapidly changed the profile and business model of the EIB in terms of processes and monitoring of signatures and contracts; |
49. |
Notes that in order to make full use of the additional risk bearing capacity, the EIB Group is developing various new products that will allow for higher risk taking (e.g. subordinated debt, equity-type, risk sharing with banks), and has reviewed its credit risk policy and eligibilities to allow for increased flexibility; notes that the EIB is increasing its support to innovative companies or to infrastructure projects, as with the support of the EFSI; notes that the EIB can support a larger number of these risky projects without compromising the principles of sound management; |
50. |
Recalls that the objective of the EFSI is to identify distinct, truly innovative and riskier project profiles with new counterparts from the private sector compared with other existing EIB financing instruments, while achieving significant cross-border European added value in the implementation of the selected projects and an effective contribution to the existing EU common policy objectives; |
51. |
Recognises that the EFSI is a market-based instrument; recalls, however, that all Member States must develop adequate capacity to use it; |
52. |
Notes that the widest possible geographical spread should be considered in the implementation of the EFSI pipeline for the benefit of cohesion and sustainability objectives; asks the EIB to correct the current geographical imbalances within the Union and sectoral concentration of the EFSI’s portfolio, namely under the Infrastructure and Innovation Window (IIW) and the Small and Medium-sized Enterprises Window (SMEW), by enhancing its advisory activities for projects development in Member States and technical assistance through the European Investment Advisory Hub (EIAH), by considering expanding the number of sectors eligible for EFSI funding or by better adapting the type and size of the projects to the market needs in Member States; |
53. |
Calls on the EIB to carefully consider in the selection process real additionality and new dynamics along the magnitude of the multiplier effect, which might vary among the projects, in particular in fields where the EIB or the EIF were not already engaged, in cases of market failure or in sub-optimal investment situations; |
54. |
Notes that leveraging varies among projects mainly due to their scale, complexity and the correlation between important sectoral challenges and final beneficiaries’ expectations in a context of scarcity of public funds; is of the opinion that the assumption of an average leverage effect of x15 can only be measured at the end of the investment cycle while taking account of the sectors’ particularities; considers also that the effectiveness of interventions is not assessed only on the potential of financial instruments but also on measurable results; |
55. |
Calls on the EIB to pay particular attention to the principle of additionality and to provide relevant qualitative management information on the implementation of the EFSI stated objectives, showing their effective additionality and impact compared with benchmarks, but also in view of the extension of the EFSI beyond 2017; |
56. |
Considers it important for the mobilisation of private-sector capital that the EIB relieve investors of some of the risks incurred by potential projects; also invites the EIB to enhance both the EFSI’s attractiveness and its visibility in the investment guidelines and projects to be funded by further developing a more effective policy for raising awareness among potential private investors; |
57. |
Notes that the EFSI (through the SMEW) is an important tool for providing supplementary funding to SMEs, i.e. up to EUR 75 billion of the total investment catalysed by the EFSI over three years, along with the EIB and EIF lending capacities; |
58. |
Calls on the Commission to establish a permanent European Guarantee Platform under the EFSI to ease SME access to finance, and to improve the development of guarantees and lending products based on European guarantees; |
59. |
Calls on the EIB to use the opportunity presented by the EFSI to increase financing for smaller-scale, off-grid decentralised renewable energy projects involving citizens and communities which face difficulties in obtaining finance from other sources; |
60. |
Takes note also of the increase of the EIB’s special activities in terms of volume resulting from the first year of EFSI implementation, which reflects an evolution of the EIB’s prudent risk culture and lending policy; |
61. |
Insists, for accountability purposes, on the development of result-driven investments to be regularly assessed through the scoreboard of indicators by the Investment Committee, with a view to identifying well-targeted projects in terms of their contribution to growth and jobs and to having an objective overview of their additionality, added value and consistency with Union policies or other classical EIB operations; calls on the EIB to disclose information on how projects receiving the EFSI guarantee scored when measured against the EFSI Scoreboard of Indicators; |
62. |
Notes that, in the future, the EIB remains open to discussing with Parliament’s services the further arrangements which could be envisaged to have a more structured, less fragmented approach for the Parliament-EIB dialogue; the EIB and Parliament are currently working towards a swift conclusion of the formal agreement on the EFSI, which sets provisions for all information exchange under it — including the Annual Report on the EFSI to the Council and Parliament; |
Deepening the EIB’s transparency, accountability, integrity and internal control as a prerequisite for better corporate governance
63. |
Believes that the enhanced economic role of the EIB, its increased investment capacity and the use of the EU budget to guarantee the EIB’s operations must be accompanied by greater transparency and deepened accountability so as to ensure genuine public scrutiny of its activities, project selection and funding priorities; |
64. |
Invites the EIB to regularly update its risk-mapping of activities and to adapt its risk culture with regard to its recent business model and increasing volume of its portfolio related to the implementation of new instruments with the EFSI, various facilities, investment platforms and risk-sharing instruments; invites the EIB also in that context to include in its risk-mapping non-financial dimensions such as social and/or environmental added-value; welcomes, in that context, the implementation of the EIB’s prudential risk appetite framework in order to reinforce the monitoring of risks and oversight of the origin, ownership and management of risks; recalls the need to develop a single and homogeneous control framework; |
65. |
Welcomes the high quality of the EIB’s loan portfolio, with a level of impaired loans representing 0,3 % of the EIB’s total loan portfolio, confirming the EIB’s consistently prudent risk management policies and maintaining its strong credit standing on international financial markets; |
66. |
Welcomes the fact that the EIB’s transparency policy is based on a presumption of disclosure and that everyone can access EIB documents and information; recalls its recommendation for publication on the EIB website of non-confidential documents, such as Corporative Operational Plans for previous years, interinstitutional agreements and memorandums and calls on the EIB to not stop there, but to continue constantly looking for ways to improve and raising the bar; |
67. |
Welcomes the report on the implementation of the EIB Group Transparency policy for 2015 and the upcoming review of the EIB whistleblowing policy; |
68. |
Recalls that transparency in the implementation of EU policies not only leads to strengthening the EIB’s overall corporate accountability and credibility, with a clear overview of the type of financial intermediaries and final beneficiaries, but also contributes to enhancing the effectiveness and sustainability of the funded projects alongside a zero-tolerance approach to fraud and corruption in its loan portfolio; calls on the EIB to align itself with the new rapid alert and exclusion system planned by the Commission; |
69. |
Notes with concern that the EIB, despite awarding three times as much financing as the World Bank, has blacklisted only three entities, whereas the World Bank has blacklisted 820; calls on the EIB, in order to remedy this situation, to join forces with the network of other public banks dealing with blacklisting, a network which includes the World Bank and the European Bank for Reconstruction and Development (EBRD); |
70. |
Reiterates its call to increase the transparency of the EIB’s interventions when operating with financial intermediaries and beneficiaries in order to avoid counterparts with negative records, blacklisted counterparts and counterparts with potential links with NCJs, offshore activities or organised crime; considers that using criteria for selecting financial intermediaries and having updated information on beneficial ownership of the company, including trusts, foundations and tax havens, are best practices to be permanently followed; invites the EIB to further reinforce its contractual conditions by integrating a clause or a reference to good governance in order to mitigate the integrity and reputation risks; |
71. |
Suggests that, the EIB should follow the example set by the International Finance Corporation (IFC) of the World Bank group and start disclosing information about the high-risk sub-projects it finances via commercial banks (the main intermediaries/financial vehicles used by the EIB to fund SMEs); |
72. |
Welcomes the regular meetings with civil society and public consultations on the development of the EIB’s policies; |
73. |
Calls for an increasingly high level of transparency to be ensured in the EIB’s disclosure policy as regards its governance bodies, in particular through the disclosure of the minutes of the meetings of the EIB’s and EIF’s Board of Directors or the EFSI Investment Committee and as regards projects of public interest benefiting from the EU budget guarantee and impacting EU territories and citizens; considers the disclosure of the scoreboard of indicators to be good practice for any operation and for the environmental and social impact assessments at the level of projects or subprojects; |
74. |
Reiterates its request for information on the contracting and subcontracting system to be made public and easily accessible, and for Parliament to be guaranteed access to the associated financial information and documentation in all cases; |
75. |
Welcomes the pro-active approach taken by the European Ombudsman in exerting public scrutiny over the EIB; is strongly concerned with the identified shortcomings in the existing EIB mechanisms to prevent possible conflicts of interest within its governing bodies; calls on the EIB, in this regard, in order to better prevent conflicts of interest in its governing bodies and potential revolving doors issues to take into consideration the Ombudsman’s recommendations and to revise its Code of Conduct as soon as possible; |
76. |
Considers that the Vice-Presidents of the EIB should no longer be in charge of projects in their home countries, given the clear potential for conflicts of interest and the fact that only a minority of Member States have their own Vice-President; |
77. |
Welcomes the review of the rules of the Complaints Mechanism Office (CM Office), and the renewal of the Memorandum of Understanding between the European Ombudsman and the EIB; requests clarification from the EIB on the delay to the launch of a public consultation on the revision of the policies and procedures of its complaints mechanism; notes that such a revision process offers the opportunity to further improve the independence and efficiency of the complaints mechanism, with a view to also establishing a mechanism for a systematic flow of information directly between the CM Office and the directors; stresses that the EIB management should report annually to the Ombudsman and Parliament on how the recommendations of its complaints mechanisms have been reflected in the policies and practices of the bank; stresses, in addition, that the head of the CM Office should present its activity report and its assessment of how the bank is fulfilling the CM Office recommendations to Parliament once a year; |
78. |
Asks the EIB to do its utmost in its fight against tax evasion, tax fraud and avoidance, irregular activities and money laundering through its non-transparent and uncooperative jurisdictions (NCJ) policy and the Anti-Money Laundering and Combating the Financing of Terrorism Framework (AML-CFT); |
79. |
Invites the EIB also to maintain regular cooperation with other international financial institutions through the exchange of information on the results of its corporate or tax due diligence or ‘Know Your Customer’ review and to report annually to Parliament and the public on how it implements its NCJ policy; |
80. |
Considers that the EIB’s external prudential supervision merits careful consideration, as stated by Parliament in its previous resolutions; |
81. |
Notes the conclusion of the updated Tripartite Agreement between the EIB, the Commission and the ECA in September 2016 and calls on the ECA to conduct performance audits of the EIB operations in different sectors when they are related to the use of the EU budget resources with regard to their effectiveness and efficiency; |
82. |
Calls on the Commission to present annually by June every year starting from 2018 a report on implementation from the beginning of the current MFF and state of play, including results achieved, of all financial instruments managed and implemented by the EIB Group which operate with resources from the EU budget, in order to use it in the discharge procedure; |
83. |
Calls on the European Anti-Fraud Office (OLAF) to include information in its annual report about cases related to the EIB; |
Follow-up of Parliament’s recommendations
84. |
Calls on the EIB to report on the state of play and status of previous recommendations issued by Parliament in its annual resolutions, especially as regards the impact of its lending activities; |
85. |
Calls on the EIB to revise its Policy on preventing and deterring prohibited conduct in EIB activities, which should set in stone the necessity for the EIB to stop financing and/or approving further loan disbursements to projects under ongoing national or OLAF investigation for corruption and fraud; |
o
o o
86. |
Instructs its President to forward this resolution to the Council, the Commission, the European Investment Bank and the governments and parliaments of the Member States. |
(1) Texts adopted, P7_TA(2014)0201.
(2) OJ C 346, 21.9.2016, p. 77.
(3) Texts adopted, P8_TA(2016)0200.
(4) OJ L 280, 27.10.2011, p. 1.
23.8.2018 |
EN |
Official Journal of the European Union |
C 298/92 |
P8_TA(2017)0195
Management of fishing fleets in the outermost regions
European Parliament resolution of 27 April 2017 on the management of the fishing fleets in the Outermost Regions (2016/2016(INI))
(2018/C 298/13)
The European Parliament,
— |
having regard to Article 349 of the Treaty on the Functioning of the European Union (TFEU), which confers a special status on the outermost regions (ORs) and provides for the adoption of ‘specific measures’ enabling the full implementation of the Treaties and common policies, |
— |
having regard to the judgment of the Court of Justice of the European Union in Joined Cases C-132/14 to C-136/14 on the interpretation of Article 349 TFEU, which stresses that Article 349 allows derogations not only from the treaties but also from secondary law, |
— |
having regard to Articles 174 et seq. of the TFEU, which establish the objective of economic, social and territorial cohesion and specify the structural financial instruments to achieve this, |
— |
having regard to Article 43 TFEU, |
— |
having regard to Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, |
— |
having regard to Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 on the European Maritime and Fisheries Fund, specifically Articles, 8, 11, 13, 41 and, in particular, Articles 70 to 73 thereof, |
— |
having regard to Commission Regulation (EU) No 1388/2014 of 16 December 2014 declaring certain categories of aid to undertakings active in the production, processing and marketing of fishery and aquaculture products compatible with the internal market in application of Articles 107 and 108 of the Treaty on the Functioning of the European Union, |
— |
having regard to Commission Delegated Regulation (EU) No 1046/2014 of 28 July 2014 supplementing Regulation (EU) No 508/2014 of the European Parliament and of the Council on the European Maritime and Fisheries Fund with regards to the criteria for the calculation of the additional costs incurred by operators in the fishing, farming, processing and marketing of certain fishery and aquaculture products from the outermost regions, |
— |
having regard to Commission Delegated Regulation (EU) 2015/531 of 24 November 2014 supplementing Regulation (EU) No 508/2014 of the European Parliament and of the Council by identifying the costs eligible for support from the European Maritime and Fisheries Fund in order to improve hygiene, health, safety and working conditions of fishermen, protect and restore marine biodiversity and ecosystems, mitigate climate change and increase the energy efficiency of fishing vessels, |
— |
having regard to the Commission communications on the ORs, and in particular the communication of 20 June 2012 entitled ‘The outermost regions of the European Union: towards a partnership for smart, sustainable and inclusive growth’ (COM(2012)0287), |
— |
having regard to its resolutions on the ORs, in particular its resolution of 26 February 2014 on optimising the potential of outermost regions by creating synergies between the Structural Funds and other European Union programmes (1), |
— |
having regard to Council Regulation (EU) No 1385/2013 of 17 December 2013 amending Council Regulations (EC) No 850/98 and (EC) No 1224/2009, and Regulations (EC) No 1069/2009, (EU) No 1379/2013 and (EU) No 1380/2013 of the European Parliament and of the Council, following the amendment of the status of Mayotte with regard to the European Union, |
— |
having regard to Council Decision (EU) 2015/238 of 10 February 2015 on the conclusion, on behalf of the European Union, of the Agreement between the European Union and the Republic of the Seychelles on access for fishing vessels flying the flag of the Seychelles to waters and marine biological resources of Mayotte, under the jurisdiction of the European Union, |
— |
having regard to the first report from the Commission to the European Parliament and to the Council, of 24 September 2010, on the impact of the POSEI reform of 2006 (COM(2010)0501), |
— |
having regard to its position of 2 February 2017 on the proposal for a regulation of the European Parliament and of the Council on the sustainable management of external fishing fleets, repealing Council Regulation (EC) No 1006/2008 (2), |
— |
having regard to its resolutions of 12 April 2016 on innovation and diversification of small-scale coastal fishing in fisheries-dependent regions (3) and on common rules in respect of application of the external dimension of the CFP, including fisheries agreements (4), |
— |
having regard to its resolution of 4 February 2016 on the special situation of islands (5), |
— |
having regard to its resolution of 22 November 2012 on small-scale coastal fishing, artisanal fishing and the reform of the common fisheries policy (6), |
— |
having regard to its position of 21 October 2008 on the proposal for a Council regulation amending Regulation (EC) No 639/2004 on the management of fishing fleets registered in the Community outermost regions (7) suggesting that the derogation applicable to the ORs be extended by a further three years, to 2011, |
— |
having regard to Council Regulation (EC) No 1207/2008 of 28 November 2008 amending Regulation (EC) No 639/2004 on the management of fishing fleets registered in the Community outermost regions, granting a derogation applicable to the ORs for a further three years, to 2011, |
— |
having regard to Council Regulation (EC) No 791/2007 of 21 May 2007 introducing a scheme to compensate for the additional costs incurred in the marketing of certain fishery products from the outermost regions the Azores, Madeira, the Canary Islands, French Guiana and Réunion, and in particular Article 8 thereof, which provides that ‘by 31 December 2011, the Commission shall (…) report to the European Parliament, the Council and the European Economic and Social Committee on the implementation of the compensation, accompanied, where necessary, by legislative proposals’, |
— |
having regard to Council Regulation (EC) No 639/2004 of 30 March 2004 on the management of fishing fleets registered in the Community outermost regions, |
— |
having regard to Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, |
— |
having regard to the joint Commission and High Representative of the Union for Foreign Affairs and Security Policy communication of 10 November 2016 entitled ‘International Ocean Governance: an agenda for the future of our oceans’ (JOIN(2016)0049), |
— |
having regard to the Court of Auditors Special Report No 11/2015 of 20 October 2015 entitled ‘Are the Fisheries Partnership Agreements well managed by the Commission?’, |
— |
having regard to the action plans of the outermost regions for the programming of European funds 2014-2020, |
— |
having regard to the joint contributions and technical and political documents of the Conference of Presidents of the Outermost Regions of the European Union, in particular the final declaration of the 21st conference of 22 and 23 September 2016, |
— |
having regard to Rule 52 of its Rules of Procedure, |
— |
having regard to the report of the Committee on Fisheries and the opinions of the Committee on Budgets and the Committee on Regional Development (A8-0138/2017), |
A. |
whereas the geographical location of the Outermost Regions (ORs) in the Caribbean, Indian Ocean and Atlantic Ocean indicates that European Union territories are located across several sea basins and continents and that the ORs are neighbouring several third countries; |
B. |
whereas in recent years fishing pressure has increased in the exclusive economic zones (EEZs) of some ORs, between the 100 and the 200 mile limits, and whereas the fishing in question is being carried out mostly by fleets that do not belong to the ORs concerned; |
C. |
whereas the EU needs to assume responsibilities in the maritime realm of the ORs, and whereas their EEZs make up a large proportion of the EU’s total EEZ; |
D. |
whereas the fisheries sectors in the ORs have to be seen against the background of a particular structural, social and economic situation (Article 349 TFEU), which requires specific and adapted consideration of common European policies; |
E. |
whereas the fisheries sector has strengths and considerable potential for development; |
F. |
whereas chlordecone marine pollution is specific to the Antilles and is having a significant impact on authorised fishing zones, as well as on the presence of invasive species; |
G. |
whereas the remoteness of the ORs has been recognised and taken into account as a general principle within EU law, thus justifying and enabling the set-up of a compensation scheme for additional costs for fishery and aquaculture in the ORs; |
H. |
whereas the Common Fisheries Policy (CFP) and the European Maritime and Fisheries Fund (EMFF), which were designed to tackle the problems and challenges of continental Europe, allow for a differentiated approach for the ORs, but can only provide a limited response to the specific characteristics of fisheries in the ORs; |
I. |
whereas the ORs consider themselves unfairly treated and ‘doubly penalised’ by the CFP (having had no access to previous aid for fleet renewal and now facing the current prohibition on aid for renewal); |
J. |
whereas important sectors of the fishing fleet in the ORs were until recently not regulated, or were not entered in the fleet register, and had therefore no access to the EMFF for modernisation; |
K. |
whereas one of the objectives of the CFP is to promote fishing activities, taking into account socio-economic issues; |
L. |
whereas the rules governing access to resources should favour local fleets and more selective types of fishing that are less destructive to stocks; |
M. |
whereas, as a principle of good governance, the CFP seeks to ensure coherence between its internal and external dimensions; |
N. |
whereas a sizeable level of illegal, unreported and unregulated (IUU) fishing takes place in some of the EEZs of some ORs (8) and in the sea basins around others; |
O. |
whereas the ORs are affected by some of the highest levels of unemployment in the EU (up to 60 % youth unemployment in some ORs); |
P. |
whereas the EMFF among other things provides for support of producer organisations, engines, and community-led local development (CLLD) under certain conditions; |
Q. |
whereas the EMFF considers the following ineligible: operations which increase the fishing capacity of a vessel, equipment which increases the ability of a vessel to find fish, and the construction of new fishing vessels or the importation of fishing vessels; |
R. |
whereas the EMFF can, however, provide financial help for ships in order to improve energy efficiency, safety, on-board hygiene and the quality of fishery products, as well as working conditions; |
S. |
whereas the EMFF supports innovation projects such as management and organisation systems; |
Provisions for specificities and geographical conditions of the ORs
1. |
Considers that sustainable fishing, using traditional types of gear, is the basis for prosperous coastal communities and contributes to food security in the ORs; insists, in this context, on the need to involve local fisheries in achieving food security for local communities, as food security in the ORs is currently too dependent on imports; |
2. |
Points out that the CFP and the EMFF, designed to tackle the problems and challenges of continental Europe, can only provide a limited response to the specific characteristics of fisheries in the ORs, that they cannot be uniformly applied to the challenges and specific characteristics of fisheries in the ORs, and that they must be allowed a degree of flexibility and pragmatism or be subject to derogations; calls, therefore, for the development of a strategy for each regional sea basin tailored to the specific situation of each of the outermost regions; |
3. |
Stresses the presence in the ORs of a wide variety of small communities that are highly dependent on traditional, coastal and small-scale fishing and for which fishing is often the only livelihood; |
4. |
Recalls that marine biological resources around the ORs should be especially protected and that particular attention should be paid to fishing; stresses, therefore, that only fishing vessels registered in OR ports should be allowed to fish in OR waters; |
5. |
Notes that the OR seabed is a veritable living laboratory of biodiversity; stresses the importance of research and data collection in order to improve knowledge of the ocean; stresses the potential of the ORs to serve as veritable scientific portals in their respective environments, and calls on the respective Member States and on the Commission to strengthen support for relevant scientific research projects; |
6. |
Stresses the need to maintain the balance between fishing capacity and opportunities in accordance with the precautionary principle and taking into account socio-economic realities; considers, nevertheless, that this cannot justify disinvestment in collecting data and improving scientific knowledge on marine ecosystems; calls for the distribution of quotas for some species to be revised (such as an increase in the bluefin tuna quota for the Azores) and for the opening up of catch opportunities for others (such as for the kitefin shark), on the basis of scientific studies and the strengthening of technical and material capacity in relation to ecosystem assessment; |
7. |
Points out that in some ORs the fishing fleets are below the capacity limits set by the CFP, owing in particular to the lack of access to financing; |
8. |
Notes that, given the specific climatic difficulties of the ORs, fishermen in these regions have to cope with their vessels ageing more quickly, causing safety and efficiency problems and making the working conditions less attractive than on modern vessels; |
9. |
Stresses the fact that in its 2016 report, the Scientific, Technical and Economic Committee for Fisheries (STECF) (9) could not assess the balance between fishing capacity and opportunities for all fleets operating in the ORs as a result of insufficient biological data; calls for more funds to be allocated, under the EMFF and other funds, for the acquisition of technical resources for ecosystem assessment by scientific institutes and universities; considers, in this regard, that it is vital for reliable data on the state of resources and practices in these overseas EEZs to be available and accessible; |
10. |
Points out that OR coastal fishing fleets consist mainly of ageing vessels, resulting in difficulties as regards safety on board; |
11. |
Regrets that the Commission failed to publish an implementation report on Regulation (EC) No 639/2004 by the 30 June 2012 deadline; demands that the Commission provide further information about why the decision not to publish this report was taken; |
12. |
Regrets the delay in the adoption of the EMFF and, as a consequence, in the approval of the EMFF Operational Programmes, leading to late implementation of supportive EMFF provisions, which has in turn resulted in serious financial difficulties for some undertakings in the ORs; |
13. |
Welcomes the specific provisions for the ORs in the EMFF, such as compensation for additional costs (subsidised at 100 % by the EMFF) — which is higher than in the previous programming period, but still not enough for some ORs — and the 35 % increase in public aid intensity for other measures in OR areas; |
14. |
Observes the difficulty, or even impossibility, for certain fishermen in the ORs to access credit and/or insurance for their vessels, causing safety problems and economic constraints for these fishermen; |
15. |
Points out that in the ORs, small boats make up a large majority of registered vessels; stresses that in some ORs, small vessels are more than 40 years old, which poses real safety problems; |
16. |
Stresses the economic multiplying effect of loans from the European Investment Bank and EU funds, particularly in the ORs; |
Making better use of possibilities provided under Article 349 of the Treaty and the CFP
17. |
Considers that a separate Advisory Council for the ORs, as provided for in the CFP, is a suitable platform for an essential exchange of knowledge and experience, and regrets, therefore, that the Advisory Council for the OR has still not been set up; |
18. |
Calls for the full application of Article 349 TFEU in the European Union’s policies, regulations, funds and programmes relating to fisheries, particularly in the EMFF, in order to respond to the specific difficulties encountered by the ORs; |
19. |
Considers that CLLD is a promising approach and the respective Member State should make best use of the possibilities provided for in the EMFF to support this kind of local development in the ORs; |
20. |
Points to the importance of setting up fisheries local action groups (FLAGs), which are recognised to be an important channel for support and for opportunities to diversify fishing activities; |
21. |
Calls on the Commission when proposing legislative acts in respect of costs for hygiene, health and safety-related investments and investments related to working conditions, to facilitate a holistic and appropriately tailored approach; |
22. |
Calls on the Commission when proposing legislative acts with regard to the criteria for calculation of additional costs resulting from the specific handicaps of ORs, to also consider the impact of climatic and geographical conditions and depredation; |
23. |
Deplores the significant level of IUU fishing undertaken in the EEZ of certain ORs attributable to both domestic and foreign vessels, and in surrounding sea areas in the case of others; points out that, for the domestic part, such practices also result from local food supply issues; calls on the national authorities to step up the fight against IUU fishing; |
24. |
Encourages, therefore, the introduction of active (e.g. surveillance) and passive measures, such as negotiations with OR neighbouring countries with which Sustainable Fisheries Partnership Agreements (SFPAs) have not yet been signed; |
25. |
Calls on all parties involved to speed up the implementation of the EMFF and to use the opportunities it provides to invest heavily in fleet modernisation — improvements to safety, on-board hygiene, energy efficiency and quality of fishery products — as well as in fishing ports, landing sites and aquaculture, in order to generate new market outlets; calls as well for the compensation regime for additional costs to be applied in order to make the sector more viable; |
26. |
Calls for genuine consideration to be given to the interests of ORs when fisheries agreements are concluded with third countries, including by laying down obligations to land catches in the ORs or to employ personnel from the ORs on vessels; |
27. |
Stresses the need to carry out impact assessments for the ORs whenever they are affected by fisheries agreements concluded between the EU and third countries, in accordance with the provisions of Article 349 TFEU; |
28. |
Notes that a restructuring of the fishing sector in the ORs may be needed in order to ensure sustainable management of fish stocks, and that, if necessary, a reduction of the number of vessels should be considered; |
29. |
Considers that in cases where capacity reduction is necessary under Article 22 of Regulation (EU) No 1380/2013, preference should be given to keeping vessels according to the criteria specified in Article 17 of the same regulation; |
30. |
Requests the Member States, when implementing the CFP provision on the allocation of fishing opportunities, to pay particular attention to traditional and artisanal fishing in the ORs, which contributes to the local economy and has a low impact on the environment; |
31. |
Urges the Member States with ORs to take all appropriate measures and to continue with specific aid schemes such as special taxation models; |
32. |
Considers that data collection on stocks and the assessment of the impact of small-scale vessels in the ORs have to be improved in order to reinforce the scientific basis for fishing opportunities in the ORs; |
33. |
Recalls that the ORs are dependent on the fish stocks in their EEZs, which are biologically highly vulnerable; considers, particularly in this context, that data on fishing in the ORs should be among the priorities for data gathering; |
34. |
Stresses that as aquaculture could yield new production possibilities and high-quality products, its potential should be better exploited in the ORs — with strong support from the European Union, given the very strong regional competition — and calls on the Commission to encourage and support aquaculture development projects; |
35. |
Calls on the Member States and the ORs to make best use of the de-minimis and/or the block exemption rules provided for in Commission Regulation (EU) No 1388/2014; |
36. |
Calls on the Member States to stimulate the use of the European Structural and Investment Funds, and to stress the synergies between the different funds in the ORs, in order to develop economic opportunities for all players in the blue economy; encourages, in particular, investment in projects that make fisheries jobs more attractive, projects that attract more young people and projects that introduce selective fishing methods and help to develop fisheries; |
37. |
Advocates the establishment, as part of Horizon 2020, of research and development programmes in the area of fisheries that bring together the various economic and social operators, thus helping the development of new fishing technologies and methods able to boost the sector’s competitiveness and enhance its potential for economic growth and job creation among local populations; |
38. |
Recommends that the future CFP take full account of the specific features of the ORs and enable them to realise the strong economic, social and environmental potential created by the sustainable and rational development of the fisheries sector in the ORs; points out, in this context, the need to reconsider the basis for the fleet segmentation — aimed at securing an objective evaluation of the balance between fishing opportunities and fishing capacity of the ORs’ artisanal fleet, which uses highly selective fishing gear — by fostering the improvement of the fleet’s technical characteristics with precarious propulsion power and/or stability which might pose a risk to crew safety in adverse weather conditions, in line with the objective scientific criteria used in shipbuilding, without giving rise to an increase in unsustainable fishing activity; |
39. |
Given that outlying regions are areas with extraordinary potential, considers it important to encourage investment, and to promote diversification and innovation, in the fisheries sector with a view to enhancing economic development; |
40. |
Calls on the Commission, in order to allow the survival of the fisheries sector in the ORs and in compliance with the principles of differential treatment for small islands and territories mentioned in Sustainable Development Goal (SDG) 14, to introduce supporting measures based on Article 349 of the TFEU to allow the funding (at EU or national level) of the ORs’ artisanal and traditional fishing vessels which land all their catches in ports in the ORs and contribute to local sustainable development, so as to increase human safety, comply with European hygiene standards, fight IUU fishing and achieve greater environmental efficiency; notes that this fishing fleet renewal must remain within the limits of authorised capacity ceilings, must be restricted to the replacement of an old vessel by a new one, and must allow sustainable fishing and the reaching of the Maximum Sustainable Yield (MSY) objective; |
41. |
Proposes that the aid intensity for engine replacement in the ORs be increased where scientific evidence indicates that climate conditions and climate change have a decisive negative impact on the ORs’ fleets; |
42. |
Calls on the Commission to look into the possibility of establishing, as soon as possible, an instrument specifically dedicated to supporting fisheries in the ORs, along the lines of the POSEI scheme for agriculture, that would make it possible to properly exploit their fisheries potential; believes that consideration should be given to the possibility of bringing together in this specific instrument, in particular, the provisions of Article 8 (State aid), Article 13(5) (Budgetary resources under shared management), Article 70 (Compensation regime), Article 71 (Calculation of the compensation), Article 72 (Compensation plan) and Article 73 (State aid for implementing compensation plans) of the existing EMFF; |
43. |
Proposes that the capacities of certain segments of the fleets in the ORs be increased, provided that it has been scientifically demonstrated that the rate of exploitation of certain fisheries resources can be increased without compromising sustainable fishing objectives; |
44. |
Notes that renovation and modernisation of the ORs artisan small-scale fleet, which uses highly selective fishing gear, may improve crew safety in adverse weather conditions, provided that this is done in keeping with scientific objective criteria for naval architecture and that it does not cause imbalance between fishing opportunities and fishing capacity; |
45. |
Recommends creating better incentives under a future EMFF to encourage young people to work in the maritime economy, particularly by means of vocational training and by promoting measures that improve incomes, job security and the overall sustainable organisation of the maritime economy in the ORs; |
o
o o
46. |
Instructs its President to forward this resolution to the Council and the Commission. |
(1) Texts adopted, P7_TA(2014)0133.
(2) Texts adopted, P8_TA(2017)0015.
(3) Texts adopted, P8_TA(2016)0109.
(4) Texts adopted, P8_TA(2016)0110.
(5) Texts adopted, P8_TA(2016)0049.
(6) OJ C 419, 16.12.2015, p. 167.
(7) OJ C 15 E, 21.1.2010, p. 135.
(8) ‘Research for PECH Committee — Management of the fishing fleet in the Outermost Regions’, European Parliament Directorate-General for Internal Policies, Policy Department B (IP/B/PECH/IC/2016_100); the European Maritime and Fisheries Fund (EMFF) operational programme for France.
(9) Reports of the STECF — Assessment of balance indicators for key fleet segments and review of national reports on Member States’ efforts to achieve balance between fleet capacity and fishing opportunities (STECF-16-18).
23.8.2018 |
EN |
Official Journal of the European Union |
C 298/100 |
P8_TA(2017)0196
EU flagship initiative on the garment sector
European Parliament resolution of 27 April 2017 on the EU flagship initiative on the garment sector (2016/2140(INI))
(2018/C 298/14)
The European Parliament,
— |
having regard to Articles 2, 3, 6 and 21 of the Treaty on European Union, |
— |
having regard to Articles 153, 191, 207, 208 and 218 of the Treaty on the Functioning of the European Union, |
— |
having regard to Articles 12, 21, 28, 29, 31 and 32 of the Charter of Fundamental Rights of the European Union, |
— |
having regard to the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, |
— |
having regard to the UN Convention on the Rights of the Child and the General Comment No 16 of the UN Committee on the Rights of the Child, |
— |
having regard to the fundamental Conventions of the International Labour Organisation (ILO) on child labour, forced labour, discrimination, and freedom of association and collective bargaining, |
— |
having regard to the UN Guiding Principles on Business and Human Rights (1), |
— |
having regard to the UN Human Rights Council resolution 26/9 (2), whereby it decided ‘to establish an open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights, whose mandate shall be to elaborate an international legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises’, |
— |
having regard to the UN General Assembly resolution 70/1 of 25 September 2015‘Transforming our World: the 2030 Agenda for Sustainable Development’ (3), |
— |
having regard to the programmes funded by the UN Trust Fund to End Violence against Women focused on addressing harassment and violence against women in the garment industry (4), |
— |
having regard to the UNCTAD Investment Policy Framework for Sustainable Development (2015) (5), |
— |
having regard to the OECD Guidelines for Multinational Enterprises (6), |
— |
having regard to Directive 2014/95/EU of the European Parliament and of the Council of 22 October 2014 amending Directive 2013/34/EU as regards disclosure of non-financial and diversity information by certain large undertakings and groups (7), |
— |
having regard to the Commission Communication of 14 October 2015 entitled ‘Trade for all: Towards a more responsible trade and investment policy’ (COM(2015)0497), |
— |
having regard to the 2015 Commission Guidelines on the analysis of human rights impacts in impact assessments for trade-related policy initiatives (8), |
— |
having regard to its resolution of 25 November 2010 on corporate social responsibility in international trade agreements (9), |
— |
having regard to its resolution of 29 April 2015 on the second anniversary of the Rana Plaza building collapse and progress of the Bangladesh Sustainability Compact (10), |
— |
having regard to its resolution of 14 April 2016 on the private sector and development (11), |
— |
having regard to its resolution of 5 July 2016 on implementation of the 2010 recommendations of Parliament on social and environmental standards, human rights and corporate responsibility (12), |
— |
having regard to its resolution of 13 September 2016 on implementation of the thematic objective ‘enhancing the competitiveness of SMEs’ — Article 9(3) of the Common Provisions Regulation (13), |
— |
having regard to its resolution of 25 October 2016 on corporate liability for serious human rights abuses in third countries (14), |
— |
having regard to its resolution of 14 December 2016 on the Annual Report on human rights and democracy in the world and the European Union’s policy on the matter 2015 (15), |
— |
having regard to the study entitled ‘Human Rights and Democracy Clauses in the EU’s International Agreements’ published in 2005 by the European Parliament’s Policy Department of the Directorate-General for External Policies of the Union (16), |
— |
having regard to the study entitled ‘The EU’s Trade Policy: from gender-blind to gender-sensitive?’ by the Policy Department of the Directorate-General for External Policies of the European Parliament (17), |
— |
having regard to its non-legislative resolution of 14 December 2016 on the draft Council decision on the conclusion of a Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Uzbekistan, of the other part, amending the Agreement in order to extend the provisions of the Agreement to bilateral trade in textiles, taking account of the expiry of the bilateral textiles Agreement (18), |
— |
having regard to the Sustainability Compact for Continuous Improvements in Labour Rights and Factory Safety in the Ready-Made Garment and Knitwear Industry in Bangladesh, |
— |
having regard to the ILO Programme on Improving Working Conditions in the Ready-Made Garment Sector in Bangladesh (19), |
— |
having regard to the 2013 Accord on Fire and Building Safety in Bangladesh, |
— |
having regard to the cooperation agreement signed on 25 April 2016 by the President of Inditex, Pablo Isla, and the Secretary-General of IndustriALL Global Union, Jyrki Raina, on responsible management of the supply chain in the garment sector, |
— |
having regard to the High-Level Conference on Responsible Management of the Supply Chain in the Garment Sector, held in Brussels on 25 April 2016, |
— |
having regard to the EU’s GSP+ scheme (20), |
— |
having regard to 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 (21), |
— |
having regard to the ‘Vision Zero Fund’, initiated in 2015 by the G7 in cooperation with the ILO to foster occupational safety and health in production countries, |
— |
having regard to the German Partnership for Sustainable Textiles (22), and to the Dutch Agreement on Sustainable Garment and Textile (23), |
— |
having regard to Rule 52 of its Rules of Procedure, |
— |
having regard to the report of the Committee on Development and the opinions of the Committee on International Trade and the Committee on Employment and Social Affairs (A8-0080/2017), |
A. |
whereas economic development should go hand-in-hand with social justice and good governance policy; whereas the complexity and fragmentation of global value chains (GVCs) require complementary policies to bring about a process of continuous improvement to make GVCs and production chains sustainable and to create value in supply chains, as well as studies into the impact of organisational structures in the sector, the coordination system and the bargaining power of network members on the development of these processes; whereas complementary flanking measures are required to guard against the potential adverse impact of those chains; whereas the victims of human rights violations should be guaranteed effective access to remedy; |
B. |
whereas 60 million people worldwide work in the textile and clothing sector, which creates many jobs, particularly in developing countries; |
C. |
whereas textile manufacturers in developing countries are constantly exposed to aggressive purchasing practices by the international wholesale and retail trade, which is also due to fierce global competition; |
D. |
whereas the victims of the three most deadly incidents in the garment sectors (Rana Plaza, Tazreen and Ali Enterprises) have received or are in the process of receiving compensation for the loss of income; whereas the granting of compensation in this case is in line with ILO Convention 121 and is the result of unprecedented cooperation between brands, trade unions, civil society, governments and the ILO; whereas given the widespread violation of key human rights, actual remedy remains rare; |
E. |
whereas the victims of human rights abuses involving European companies face multiple obstacles to access judicial remedies, including procedural obstacles on admissibility and the disclosure of evidence, litigation costs that are often prohibitive, an absence of clear liability standards for corporate involvement in human rights abuses and a lack of clarity on the application of EU rules on private international law in transnational civil litigation; |
F. |
whereas Article 207 of the Treaty on the Functioning of the European Union (TFEU) strongly requires that the EU’s trade policy be built on the EU’s external policies and objectives, concretely those of development cooperation stated in Article 208 TFEU; whereas Article 21 of the Treaty on European Union (TEU) reaffirms that the EU’s external actions will be guided by the principles of democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity, and compliance with the UN Charter and international law; |
G. |
whereas the EU is the world’s second largest exporter of textile and apparel products after China, thanks to approximately 174 000 textile and apparel companies, 99 % of which are SMEs and which provide jobs to around 1,7 million people; whereas, furthermore, more than one third (34,3 %, representing a total value of EUR 42,29 billion) of the clothing destined for use in Europe is produced by EU companies; |
H. |
whereas the ILO Declaration on Fundamental Principles and Rights at Work commits Member States to respect and promote principles and rights in four categories, regardless of whether they have ratified the relevant Conventions, namely: freedom of association and the effective recognition of the right to collective bargaining; the elimination of discrimination in respect of employment and occupation; the elimination of forced or compulsory labour; the abolition of child labour; |
I. |
whereas collective bargaining is one means of ensuring that wage and productivity growth go hand-in-hand; whereas, however, the use in the global supply chain of non-standard forms of employment, including subcontracting and informal work, has weakened collective agreements; whereas many workers in the garment sector do not earn a living wage; |
J. |
whereas many Member States, such as Germany, the Netherlands, Denmark and France, have promoted national programmes; |
K. |
whereas the ‘Realising Long-term Value for Companies and Investors’ project being undertaken as part of the UN Principles for Responsible Investment and the UN Global Compact demonstrate that the economy is compatible with, and mutually reinforcing to, the principles of social justice, environmental sustainability and respect for human rights; |
L. |
whereas the UN Guiding Principles on Business and Human Rights apply to all states and to all business enterprises, both transnational and others, regardless of their size, location, ownership and structure; |
M. |
whereas the EU is a key player as investor, buyer, retailer and consumer in the garment industry and trade, and is therefore most suited to bundle multiple initiatives worldwide to improve substantially the infrahuman situation endured by tens of millions of workers in this sector and create a level playing field for all those involved; |
N. |
whereas responsible management of GVCs is particularly relevant from a development perspective, as very serious violations of human and labour rights and environmental pollution frequently occur in the producer countries that often face significant challenges in terms of sustainable development and growth, affecting the most vulnerable; |
O. |
whereas the strong performance of garment exports, especially in China, Vietnam, Bangladesh and Cambodia is set to continue; |
P. |
whereas most human rights violations in the garment sector concern various aspects of labour rights, such as the denial of workers’ fundamental right to join or form a union of their choosing and bargain collectively in good faith, making it difficult to guarantee that workers can enjoy their fundamental rights in the workplace; whereas this state of affairs has led to widespread labour rights violations, including: poverty wages, wage theft, forced labour and child labour, arbitrary dismissals, unsafe workplaces and unhealthy working conditions, violence against women, physical and sexual harassment, and precarious work and work conditions; whereas despite the widespread violation of human rights, actual remedial actions generally remain rare; whereas these decent work deficits are particularly acute in export processing zones (EPZs) linked to global supply chains, which are often characterised by exemptions from labour laws and taxes, and restrictions on trade union activities and collective bargaining; |
Q. |
whereas voluntary initiatives led by the private sector over the last 20 years, such as codes of conduct, labels, self-assessments and social audits, while having provided relevant frameworks for cooperation on issues such as health and safety at work, have not proven to be effective enough in bringing about a real improvement in workers’ rights, especially in terms of respect for human rights and gender equality, increasing the number of workers’ rights, consumer awareness, as well as environmental standards and safety and sustainability in the garment supply chain; |
R. |
whereas multistakeholder initiatives like the German Partnership for Sustainable Textiles or the Dutch Agreement on Sustainable Garment and Textile are bringing stakeholders like the industry, the trade unions, the government and the NGOs to one table; whereas the standards established by these initiatives also encompass environmental issues; whereas these initiatives have not yet entered the implementation phase, so concrete results are still not forthcoming; whereas such national initiatives are necessary due to a lack of an EU legislative initiative; whereas, however, the majority of Member States have not established such initiatives; |
S. |
whereas the efforts of corporations to promote workplace compliance can support, but not replace, the effectiveness and efficiency of public governance systems, namely each state’s duty to promote compliance and enforce national labour laws and regulations, including labour administration and inspection functions, dispute resolution and the prosecution of violators, and to ratify and implement international labour standards; |
T. |
whereas the trends of the garment industry are still moving towards fast fashion, which poses an enormous threat to and puts enormous pressure on garment workers in the producing countries; |
U. |
whereas the German Ministry for Development Cooperation has set a target that by 2020 50 % of all German textile imports will have to meet ecological and social criteria; |
V. |
whereas in order to improve the governance of GVCs, the various instruments and initiatives of policy areas such as trade and investment, private sector support and development cooperation must be harnessed to contribute to the sustainability and responsible management of GVCs as part of delivering the 2030 Agenda for Sustainable Development, which recognises the crucial impact of trade policies in implementing its goals by covering a number of policy areas such as rules of origin, commodity markets, labour rights and gender equality; |
W. |
whereas the specific characteristics of the garment sector value chains, such as geographically dispersed stages of the production process, different types of garment workers, purchasing policy, low prices, high volumes, short lead times, subcontracting and short-term buyer-supplier relationships, are conducive to reducing the visibility, traceability and transparency of an enterprise’s supply chain and to increasing the risks of human rights and labour abuses, environmental damage and inadequate animal welfare as early as the raw-material production stage; whereas transparency and traceability are prerequisites for a company’s accountability and responsible consumption; whereas the consumer has the right to know where a piece of clothing was produced and under what social and environmental conditions; whereas guaranteeing consumers the right to reliable, transparent and relevant information on the sustainability of production will help to bring about lasting change in supply chain traceability and transparency in the garment sector; |
X. |
whereas women’s rights are a constitutive part of human rights; whereas gender equality falls within the scope of the Trade and Sustainable Development (TSD) chapters in trade agreements; whereas the specific impact of trade and investment agreements affects women and men differently on account of structural gender inequalities; whereas in order to enhance gender equality and women’s rights, the gender dimension should therefore be covered in all trade agreements; |
Y. |
whereas the employment of women in the garment sector in developing countries contributes significantly to household incomes and poverty reduction; |
Z. |
whereas children’s rights are an integral part of human rights and ending child labour should remain an imperative; whereas the work of children requires specific regulations governing age, working time and types of work; |
AA. |
whereas in December 2016 many trade union activists were arrested in Bangladesh, an event that gave rise to a protest for a living wage and better working conditions; whereas several hundreds of garment workers were dismissed from their jobs following the protests; whereas the right of association is still not respected in the producing countries; |
AB. |
whereas an estimated 70-80 % (24) of employees in the ready-made garment sector in production countries are low-skilled female workers and frequently minors; whereas low wages, coupled with low or non-existent social protection make these women and children particularly vulnerable to exploitation; whereas a gender perspective and specific measures on women’s empowerment are largely missing in the ongoing sustainability initiatives; |
AC. |
whereas the private sector plays an essential role in fostering sustainable and inclusive economic growth in developing countries; whereas the economies of some developing countries depend on the garment industry; whereas the expansion of this industry has allowed many workers to move from the informal economy to the formal sector; |
AD. |
whereas the garment sector is the sector with the most sustainability initiatives in progress; whereas some existing initiatives have helped to improve the situation in the garment sector and efforts should therefore also be continued at European level; |
AE. |
whereas trade agreements are an important tool to promote decent work in global supply chains in combination with social dialogue and firm-level monitoring; |
AF. |
whereas in October 2015 the Commission released its new trade strategy ‘Trade for All’, in which it sets out its aim to use trade agreements and preference programmes as levers to promote sustainable development, human rights and fair and ethical trade around the world and to improve the responsibility of the supply chains as a means of strengthening sustainable development, human rights, the fight against corruption, and good governance in third countries; |
1. |
Welcomes the increasing attention given to the promotion of decent working conditions through global supply chains following the Rana Plaza factory collapse, the introduction of the draft French law on mandatory due diligence, the UK anti-slavery bill, the Dutch Agreement on Sustainable Garment and Textile, the German Partnership for Sustainable Textiles, and the statement made by President Juncker at the G7 Summit in favour of ‘urgent action’ to improve responsibility in global supply chains, in which increased attention is being paid to the promotion of sustainability, transparency and traceability for the value and production chains; acknowledges the Commission’s commitment towards responsible management of supply chains, including in the garment sector, as outlined in the Communication entitled ‘Trade for All’; welcomes the green card initiative in which eight Member States have called for a duty of care by EU-based companies towards individuals and communities whose human rights and local environment are affected by the activities of those companies; welcomes the holistic approach of the Higg Index in measuring enterprises’ environmental, social and labour impacts; stresses the need to continue improvements to the Higg Index and to improve its transparency; |
2. |
Welcomes the individual global framework agreements concluded between trade unions and brands on improving supply chain management in the garment sector; emphasises that the future of the garment sector will depend on improving sustainable productivity and traceability so as to ensure the effective identification of the processes taking place throughout the value chain, which will make it possible to identify and introduce improvements; |
3. |
Welcomes the approach of the legally binding Bangladesh Accord on Fire and Building Safety as well as the Bangladesh Sustainability Compact launched by the Commission together with Bangladesh and the ILO following the Rana Plaza disaster in 2013, as it includes provisions for trade unions and the remediation of inspected factories, and calls for its deadline to be extended; stresses the importance of continuing to monitor the compact’s objectives in order to improve workers’ rights, as well as the need for more responsible management of supply chains globally; asks the Commission to conduct a thorough evaluation into the compact, outlining any progress or lack thereof, including eventual modifications to the trade regime if needed, especially in light of the reports of the ILO supervisory mechanisms; calls on the Commission to pursue similar programmes and measures with other garment-producing EU trade partners such as Sri Lanka, India or Pakistan; |
4. |
Supports the Commission’s examination of a possible EU-wide initiative on the garment sector; notes, in addition, that the current accumulation of existing initiatives could result in an unpredictable environment for companies; believes that a new proposal should address human rights-related issues, promote the sustainability, traceability and transparency of value chains, enhance conscious consumption and target labour rights and gender equality in particular; believes that EU consumers have the right to be informed on the sustainability and compliance with human rights and the environment of garment industry products; believes, in this regard, that EU legislative efforts and initiatives on garments should be made visible on the final product; |
5. |
Notes with concern how the existing voluntary initiatives for the sustainability of the garment sector’s global supply chain have fallen short of effectively addressing human rights and labour rights-related issues in the sector; calls on the Commission, therefore, to go beyond the presentation of a Staff Working Document and to propose binding legislation on due diligence obligations for supply chains in the garment sector; stresses that this legislative proposal must be aligned with the new OECD due diligence guidance for responsible supply chains in the garment and footwear sector in line with the OECD Guidelines for Multinational Enterprises which are importing into the European Union, the ILO resolution on decent work in supply chains and internationally agreed human rights, social and environmental standards; |
6. |
Emphasises that the new OECD due diligence guidance for responsible supply chains in the garment and footwear sector in line with the OECD Guidelines should be the leading principle in the Commission legislative proposal; stresses that this legislative proposal should include core standards, such as occupational health and safety, health standards, a living wage, freedom of association and collective bargaining, the prevention of sexual harassment and violence in the workplace and the elimination of forced and child labour; calls on the Commission to further address the following matters: key criteria for sustainable production, transparency and traceability, including the transparent collection of data and tools for consumer information, due diligence checks and auditing, access to remedy, gender equality, children’s rights, supply-chain due diligence reporting, the responsibility of companies in the event of man-made disasters and awareness raising in the European Union; encourages the Commission to acknowledge other national legislative proposals and initiatives that have the same goal as the legislation, once those proposals and initiatives have been audited and shown to meet the requirements of the European legislation; |
7. |
Reiterates its call for the Commission to extend corporate social responsibility through binding legislation on due diligence for the garment sector so as to ensure that the EU and its trading partners and operators fulfil their obligation to respect both human rights and the highest social and environmental standards; emphasises that the garment industry in the European Union shall also comply with ILO standards, such as a living wage or decent working conditions; urges the Commission to pay attention to remuneration and the working conditions in the garment sector in the Member States; urges the Member States to implement the ILO standards in the garment sector; |
8. |
Calls on the Commission to promote actively the use of ecological and sustainably managed raw materials such as cotton and to promote the re-use and recycling of garments and textiles within the European Union through the specific provisions in the legislative proposal on the garment sector; calls for the EU, its Member States and businesses to increase funding for research and development, including in the field of clothes recycling, with a view to ensuring a sustainable, alternative sourcing of raw materials for the EU garment sector; welcomes initiatives designed to implement the highest and strictest animal welfare standards available (such as the Responsible Down Standard and the Responsible Wool Standard) and urges the Commission to use them as guidelines to introduce specific provisions in its legislative proposal; calls on the Commission to put in place additional resources in institutions in order to follow up on the flagship initiative; |
9. |
Emphasises the need to enhance codes of conduct, excellence labels and fair trade schemes, by ensuring alignment with international standards such as the UN Guiding Principles on Business and Human Rights, the UN Global Compact, the ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy (MNE Declaration), the OECD Guidelines for Multinational Enterprises, the OECD due diligence guidance for the garment and footwear sector and the Children’s Rights and Business Principles developed by UNICEF, the UN Global Compact and Save the Children; stresses equally the need to scale up cross-border social dialogue through the conclusion of international framework agreements (IFAs) to promote workers’ rights in the supply chains of MNEs; |
10. |
Stresses the importance of implementation, enforcement or transposition of existing legislation at regional, national and international levels; |
11. |
Urges the Commission to deliver on its objective to foster improvements in the ready-made garment sector, including through strong gender and child mainstreaming; calls on the Commission to make gender equality, women’s empowerment and children’s rights a central focus of its legislative proposal; believes that this initiative should promote non-discrimination and address the issue of harassment in the workplace, as already envisaged by European and international commitments; |
12. |
Reiterates its commitment to gender equality and women’s empowerment; underlines the need to promote women’s access to leadership positions by supporting the training of female workers about their rights, labour legislation and safety and health issues, as well as the training of male managers on gender equality and discrimination; |
13. |
Calls on the Commission to present a comprehensive strategy on how development, aid for trade and public procurement policies can support a fairer and more sustainable garment supply chain and local micro-enterprises, by promoting best practices and providing incentives to private sector actors that invest in the sustainability and fairness of their supply chains, from the fibre farmer to the final consumer; |
14. |
Believes that informing consumers plays a key role in assuring decent working conditions, a need highlighted by the Rana Plaza collapse; calls for consumers to be provided with clear, trustworthy information about sustainability in the garment sector, where products originate from and the extent to which workers’ rights have been respected; recommends that information gathered as a result of EU action should be publicly available, and asks the Commission and the Member States to look into setting up a public online database of all relevant information regarding all actors along the supply chain; |
15. |
Calls for more awareness-raising among European consumers regarding the production of textile products; proposes, to this end, the development of EU-wide labelling standards for ‘fair clothing’, accessible to both multinational companies and SMEs, to indicate that fair working conditions have been respected and to assist customers in their purchasing decisions with better information; |
16. |
Stresses the need for collecting and publishing comprehensive data on corporate sustainability performance; calls, in this context, for the elaboration of common definitions and standards in a harmonised manner for the collection and collation of statistical data, notably on general imports but also individual production locations; requests that the Commission launch an initiative for the mandatory disclosure of production locations; |
17. |
Calls on the Commission to develop a wide variety of monitoring systems in the EU garment sector using key performance indicators — encompassing data collection using surveys, audits and data analysis techniques that can effectively measure performance and address the impact of the garment sector on development, labour rights and human rights in the entire garment supply chain; |
18. |
Believes that it is crucial to ensure increased access to information on the conduct of enterprises; considers it fundamental to introduce an effective and compulsory reporting system and due diligence for garment products entering the EU market; believes that responsibility should be incumbent upon all actors in the entire supply chain, including sub-contractors in the formal and informal economy (including in Export processing zones), and commends existing efforts to this effect; believes that the EU is best placed to develop a common framework through legislation on transnational due diligence obligations, remediation for victims and supply chain transparency and traceability, while also paying attention to the protection of whistle-blowers; recommends that trustworthy, clear and meaningful information on sustainability be made available to consumers; |
19. |
Points out that coordination, information sharing and the exchange of best practices may contribute to making private and public value chain initiatives more efficient and to achieving positive results in the field of sustainable development; |
20. |
Calls for national and European initiatives to encourage consumers to buy products made locally; |
21. |
Notes that price is still a determining factor in the buying practices of brands and retailers, often at the expense of workers’ welfare and wages; calls for the EU to work with all relevant stakeholders to promote a successful social partnership and to support stakeholders in the development and implementation of wage-setting mechanisms in accordance with relevant ILO conventions, especially in countries where there is a lack of adequate legislation; stresses the need for workers to be guaranteed the regular payment of an adequate wage that permits them and their families to meet their basic needs without having to put in regular overtime; stresses the need for collective bargaining agreements to prevent negative wage-cost competition and the need to raise consumer awareness of the potential consequences of a demand for ever-lower prices; |
22. |
Emphasises that the governments of producer countries must be able to implement international standards and norms, including drawing up, implementing and enforcing appropriate legislation, particularly in relation to establishing the rule of law and combating corruption; calls on the Commission to support producer countries in this area under the EU’s development policy; |
23. |
Acknowledges that, while each state is responsible for enforcing its own labour laws, developing countries may have limited capacity and resources to effectively monitor and enforce compliance with laws and regulations; calls on the EU, within the remit of its development cooperation programmes and with a view to closing the governance gap, to strengthen capacity-building and to provide the governments of developing countries with technical assistance on labour administration and inspection systems, including in the subcontracting of factories and facilitating access to appropriate and effective remedy and complaint mechanisms, including in EPZs, where long working hours, forced overtime and pay discrimination are common practice; |
24. |
Emphasises the importance of labour inspections and social audits in the clothing and footwear supply chain; takes the view that too often these only reflect the situation at the time the inspections are conducted; recommends that further action be taken to improve inspections and audits, including training for inspectors and the convergence of inspection standards and methods via cooperation with the garment industry and producer countries; |
25. |
Emphasises the importance of independent labour inspections in early warning and prevention, as well as in enforcement of national rules and regulations on health and safety at the workplace, yet notes that factors such as audit fatigue can undermine their effectiveness and that audits reflect only the state of affairs at the time they are conducted; believes that the ratification and implementation of ILO convention 81 is important to detecting abuse; recommends further research on ways of improving audits and inspections, such as converging audit standards and methods and sending different labour inspectors each time, which can lead to more stringent standards, especially in countries with corruption issues; notes the importance of adequate recruitment of labour inspectors and ongoing training for new and existing inspectors alike on international conventions and standards, local labour laws and appropriate inspection techniques; calls for the EU to continue to support, both financially and technically, the development of labour inspectorates in developing countries in line with relevant ILO standards, in particular in the context of its development funds; |
26. |
Notes that the garment industry creates jobs for a wide range of skillsets, from low-skilled workers to highly specialised roles; |
27. |
Believes that health and safety protection for all workers should be ensured through international standards, national law implementation and collective bargaining, at all levels (factory, local, national and international), and through factory-level occupational health and safety policies such as action plans drawn up in writing, implemented and monitored with the involvement of workers and their representatives; |
28. |
Stresses that EU trade and investment policies are interlinked with social protection, gender equality, tax justice, development, human rights, environmental policies and the promotion of SMEs; reiterates its call for the Commission and the Member States to guarantee policy coherence for the development of business and human rights at all levels, in particular in relation to the Union’s trade and investment and foreign policies, which implies that the social conditionality in bilateral and regional agreements should be made more effective through a greater involvement of and consultation with social partners and civil society during negotiations, the implementation of labour provisions, and a systematic use of comprehensive ex ante and ex post trade sustainability impact assessments; |
29. |
Calls on the Commission to be committed to human rights, including children’s rights, and to promoting good governance and binding human rights and social and environmental clauses in the negotiation of international and bilateral agreements; regrets that current human rights clauses in free trade agreements and other economic partnership agreements are not always fully respected by the signatory states; reiterates, in this regard, the need to reinforce all instruments to guarantee legal certainty; |
30. |
Encourages the EU and the Member States to promote, through the garment initiative and other trade policy instruments, the effective implementation of the ILO standards on wages and working hours, also with partner countries in the garment sector; calls for the EU, in addition, to provide guidance and support on how to enhance respect for these standards while helping to build sustainable enterprises and improve sustainable employment prospects; |
31. |
Encourages the EU and its Member States to promote, through policy dialogue and capacity-building, the take-up and effective enforcement of international labour standards and human rights by partner countries based on ILO Conventions, including child labour rights and standards such as Conventions 138 and 182, and recommendations; stresses in this context that respecting the right to join and form a union and engage in collective bargaining is a key criterion for business accountability; deplores that freedom of association is often violated in many production workplaces and encourages states to strengthen labour laws; calls, in this regard, for the EU to encourage the governments of developing countries to strengthen the role of labour unions and to actively promote social dialogue and fundamental principles and rights at work, including freedom of association and the right to collective bargaining for all workers, regardless of their employment status; |
32. |
Highlights the important role of the garment sector as a driver of labour-intensive development for emerging economies, especially Asia’s emerging markets; |
33. |
Calls on development finance institutions to strengthen labour conditionalities in their performance standards as a contractual condition of financing; |
34. |
Notes that the ‘hot spot’ countries covered by the flagship initiative have preferential access to the EU market; calls on the Commission to continue to include the ratification of core ILO standards, health and safety inspection, and freedom of association in discussions on continued preferential trade with countries linked to the global supply chain for the garment sector, and to strengthen human rights, labour and environmental conventions under the Generalised System of Preferences; |
35. |
Reiterates its strong call for the systematic introduction of binding human rights clauses in all international agreements, including trade and investment agreements that have already been or will be concluded between the EU and third countries; highlights the need, moreover, for ex ante monitoring mechanisms before any framework agreement is concluded, and on which such conclusion is made conditional as a fundamental part of the agreement; highlights the need for ex post monitoring mechanisms that enable tangible action to be taken in response to infringements of these clauses, such as appropriate sanctions as stipulated in the human rights clauses of the agreement, including the suspension of the agreement; |
36. |
Considers that sustainable development chapters of EU trade agreements should be mandatory and enforceable, so as to effectively improve the lives of people, and stresses that a clause promoting the ratification and implementation of ILO conventions and the Decent Work Agenda must be included in both bilateral and multilateral trade agreements; recalls that the establishment of schemes such as the EU Special Incentive Arrangement for Sustainable Development and Good Governance (GSP+), by means of the requirement to ratify and implement the 27 conventions, could help to improve the situation with regard to workers’ rights, the promotion of gender equality and the abolition of child labour and forced labour; stresses, with this in mind, the need to monitor carefully the implementation of GSP+ and respect for the conventions by the countries concerned; calls for the EU to ensure that human rights conditions linked to unilateral trade preferences such as GSP or GSP+ are effectively implemented and monitored; calls on the Commission to introduce tariff preferences for demonstrably proven sustainably produced textiles in the forthcoming reform of the GSP / GSP + rules; urges the Commission to recognise established sustainability criteria and minimum requirements for detection and certification systems on the basis of international conventions, such as the core ILO labour standards or biodiversity protection standards; calls on the Commission to promote the production of Fair Trade products through this instrument of tariff preferences, and to give more weight to ILO reports and the findings of its supervisory bodies in its monitoring and evaluation activities and to better liaise with local agencies of the ILO and the United Nations in the beneficiary country, so as to fully take into account their views and their experience; |
37. |
Reiterates its request for sustainable impact assessments to be carried out for every newly negotiated agreement and calls for the gender-disaggregated collection of data; |
38. |
Recalls that taxation is an important tool for the promotion of decent work; deems, with a view to ensuring that all companies, including multinationals, pay taxes to the governments of countries where economic activity occurs and value is created, that tax incentives such as tax exemptions in EPZs should be reconsidered alongside exemptions from national labour law and regulations; |
39. |
Warmly welcomes the work initiated in the preparation of a binding UN Treaty on Business and Human Rights which it is believed will enhance social corporate responsibility, including in the garment sector; regrets any obstructive behaviour in relation to this process, and calls for the EU and its Member States to engage constructively in these negotiations; |
40. |
Recalls the negative effects of social dumping, including human rights violations and non-compliance with labour standards, on European garment industries; trusts in the EU’s capacity, in view of its critical mass, to be a global champion and a driver for change; encourages the Commission, therefore, to engage with international partners at the next World Trade Organisation ministerial meeting to launch a global initiative; calls on the Commission to put in place mandatory measures to ensure that companies importing to the European Union comply with the level playing field established by the requested legislative proposal; recognises, in this regard, the special needs of European SMEs and the fact that the nature and extent of due diligence, such as the specific steps to be taken by a company, are affected by its size, the context of its operations and the severity of its potentially adverse impact; calls, therefore, for appropriate consideration of the SMEs which dominate the European manufacturing garment industry; considers that the European SMEs and micro-enterprises which are involved in establishing the initiative should also receive European financial support via the COSME programme; |
41. |
Calls on the Commission to put in place specific measures so that European SMEs may gain access to financial and policy tools, with a special focus on the capacity of those SMEs to deliver on traceability and transparency so that new requirements do not impose a disproportionate burden, and to help them to connect with responsible manufacturers; |
42. |
Stresses that working conditions in the garment industry within some EU Member States have also repeatedly been found to be precarious on issues such as health and safety, wages, social security and working time; calls therefore for the development of efficient and well-targeted intra-EU initiatives which will improve the situation in the garment sector and boost employment in the Member States; |
43. |
Recalls that the inclusion of social provisions in public procurement processes can have a strong effect on workers’ rights and working conditions along global supply chains; regrets, however, that according to ILO studies (25), most social provisions limit the responsibilities to the first-tier contractor, while subcontracting and outsourcing provisions are included in public procurement contracts on an ad hoc basis; calls for the EU to provide assistance to developing countries to enable public procurement policy to be a tool to promote fundamental principles and rights at work; |
44. |
Is convinced that public procurement is a useful tool for the promotion of a responsible garment industry; urges the Commission and the European Institutions to act as role models when it comes to public procurement of textiles used in the institutions; calls, in this regard, on the European institutions, including Parliament, to ensure that all their public procurement, including merchandising of the institutions and of political groups in the case of Parliament, promote recycling and a fair and sustainable garment supply chain; calls on the Commission, moreover, to create guidance for local authorities on social criteria in purchasing textiles following the 2014 Directive on Public Procurement and to motivate them accordingly; encourages the Commission to use the legislation to further implement and promote the SDGs, and to propose a plan so that the majority of public procurement of garments in the EU by 2030 comes from sustainable sources; |
45. |
Instructs its President to forward this resolution to the Council, the Commission and the European External Action Service. |
(1) http://www.ohchr.org/Documents/Publications/GuidingPrinciplesBusinessHR_EN.pdf
(2) A/HRC/RES/26/9 (http://www.ihrb.org/pdf/G1408252.pdf).
(3) A/RES/70/1 (http://www.un.org/ga/search/view_doc.asp?symbol=A/RES/70/1)
(4) http://www.unwomen.org/en/trust-funds/un-trust-fund-to-end-violence-against-women
(5) http://unctad.org/en/PublicationsLibrary/diaepcb2015d5_en.pdf
(6) http://www.oecd.org/daf/inv/mne/48004323.pdf
(7) OJ L 330, 15.11.2014, p. 1.
(8) http://trade.ec.europa.eu/doclib/docs/2015/july/tradoc_153591.pdf
(9) OJ C 99 E, 3.4.2012, p. 101.
(10) OJ C 346, 21.9.2016, p. 39.
(11) Texts adopted, P8_TA(2016)0137.
(12) Texts adopted, P8_TA(2016)0298.
(13) Texts adopted, P8_TA(2016)0335.
(14) Texts adopted, P8_TA(2016)0405.
(15) Texts adopted, P8_TA(2016)0502.
(16) http://www.europarl.europa.eu/meetdocs/2004_2009/documents/nt/584/584520/ 584520en.pdf
(17) http://www.europarl.europa.eu/RegData/etudes/IDAN/2015/549058/EXPO_IDA (2015)549058_EN.pdf
(18) Texts adopted, P8_TA(2016)0490.
(19) http://www.ilo.org/dhaka/Whatwedo/Projects/safer-garment-industry-in-bangladesh/lang--en/index.htm
(20) http://trade.ec.europa.eu/doclib/docs/2015/august/tradoc_153732.pdf
(21) OJ L 94, 28.3.2014, p. 65.
(22) https://www.textilbuendnis.com/en/
(23) https://www.ser.nl/en/publications/publications/2016/agreement-sustainable-garment-textile.aspx
(24) https://europa.eu/eyd2015/en/fashion-revolution/posts/exploitation-or-emancipation-women-workers-garment-industry
(25) Report IV of ILO, 105th Session, 2016 (p. 45).
23.8.2018 |
EN |
Official Journal of the European Union |
C 298/112 |
P8_TA(2017)0197
State of play of farmland concentration in the EU: how to facilitate the access to land for farmers
European Parliament resolution of 27 April 2017 on the state of play of farmland concentration in the EU: how to facilitate the access to land for farmers (2016/2141(INI))
(2018/C 298/15)
The European Parliament,
— |
having regard to the opinion of the European Economic and Social Committee of 21 January 2015 entitled ‘Land grabbing — a wake-up call for Europe and an imminent threat to family farming’, |
— |
having regard to the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests of the Committee on World Food Security (CFS) of 12 May 2012, |
— |
having regard to Petition No 187/2015 to the European Parliament on the protection and administration of European agricultural land as shared wealth: a call by civil society organisations for a sustainable and fair EU land use policy, |
— |
having regard to the study on the Extent of Farmland Grabbing in the EU by the European Parliament’s Committee on Agriculture and Rural Development (1), |
— |
having regard to the infringement proceedings against the Member States Bulgaria, Latvia, Lithuania, Poland, Slovakia and Hungary, which the Commission is either planning or has already brought, |
— |
having regard to Rule 52 of its Rules of Procedure, |
— |
having regard to the report of the Committee on Agriculture and Rural Development (A8-0119/2017), |
A. |
whereas in 2013, in the 27-member EU, only 3,1 % of farms controlled 52,2 % of farmland in Europe; whereas, by contrast, 76,2 % of farms had the use of only 11,2 % of the agricultural land; whereas this trend runs counter to the European sustainable, multifunctional agricultural model, in which family farms are an important feature; |
B. |
whereas this places inequality of land use in the EU — with a Gini coefficient of 0,82 — on a par with that of countries such as Brazil, Columbia and the Philippines (2); |
C. |
whereas this unequal distribution of farmland is the counterpart of unequal distribution of CAP subsidies, as direct payments — which account for a large proportion of CAP expenditure — are mainly made per hectare; |
D. |
whereas the actual distribution of land and subsidies could be even more unequal, as the statistics available do not make it possible to establish anything about the ownership and control of farms; |
E. |
whereas access to land and the possibility of ownership are essential rights established by the national law of each Member State; |
F. |
whereas access to land is essential for the realisation of a number of human rights, and has an impact on the Charter of Fundamental Rights of the European Union; |
G. |
whereas land is on the one hand property, on the other a public asset, and is subject to social obligations; |
H. |
whereas there is no exclusive or shared competence of the EU on land, as various EU policies deploy different political, social, cultural and environmental aspects of land management, creating the need for a more holistic approach to land governance at EU level; |
I. |
whereas the German Constitutional Court already ruled in its judgment of 12 January 1967 (1 BvR 169/63, BVerfG 21, 73-87) that trade in rural land need not be as free as trade in any other capital, because land is unrenewable and indispensable, and an equitable legal and social order requires the public interest in land to be taken into account far more than in the case of any other property (3); |
J. |
whereas land is an increasingly scarce resource, which is non-renewable, and is the basis of the human right to healthy and sufficient food, and of many ecosystem services vital to survival, and should therefore not be treated as an ordinary item of merchandise; whereas land is, furthermore, doubly threatened, on the one hand by the loss of agricultural land through soil sealing, urban development, tourism, infrastructure projects, changes of use and afforestation and the spread of desertification caused by climate change, and, on the other hand, by the concentration of land in the hands of large-scale agricultural undertakings and investors from outside the farming sector; whereas, at the same time, it is the responsibility of the authorities to control and limit the loss of agriculture land through such activities; |
K. |
whereas land resources are a source of conflict not just over use, but also as a result of rivalry between farming and non-farming investors, and between generations of farmers, given that young people seeking to establish themselves have greater difficulty, owing to cost, in gaining access to land, especially when they do not come from farming families; |
L. |
whereas the Member States are responsible for the fact that the land market policy and the farmland market is regulated in different ways in the individual Member States, and whereas this can have a serious impact on the competitiveness of farms on the internal market; |
M. |
whereas land is a costly production factor to finance; whereas it is linked to national inheritance rules, which entail the necessity of refinancing whenever a new generation takes over; whereas land prices affect land concentration; and whereas it can happen that farmers with no family, at the end of their working lives, will sell their farms to the highest bidder in order to bolster their modest pensions; |
N. |
whereas, in its Special Report No 25/2016, the Court of Auditors of the EU stresses the fact that the systems used to map farmland in order to calculate eligibility for aid on a land-area basis need to be improved; |
O. |
whereas existing statistical tools at EU level, such as the Farm Accountancy Data Network (FADN), the Eurostat Farm Structure Survey and the Integrated Administration and Control System (IACS) gather data on different aspects of land tenure; whereas comprehensive, up-to-date, transparent and high-quality data on land tenure, property structures, leasing structures, and price and volume movements on land markets, as well as relevant social and environmental indicators at European level, have so far been lacking and, in some Member States, are collected and published only incompletely; |
P. |
whereas sufficient market transparency is essential, including with regard to the rational distribution of land, and should also extend to the activities of institutions active on the land market; |
Q. |
whereas the sale of land to non-agricultural investors and holding companies is an urgent problem throughout the Union, and whereas, following the expiry of the moratoriums on the sale of land to foreigners, especially the new Member States have faced particularly strong pressures to amend their legislation, as comparatively low land prices have accelerated the sale of farmland to large investors; |
R. |
whereas a broad distribution of agricultural land is an essential founding principle for the social market economy, and an important precondition for social cohesion, job creation in rural areas, high agricultural value added and social peace; |
S. |
whereas farmland areas used for smallholder farming are particularly important for water management and the climate, the carbon budget and the production of healthy food, as well as for biodiversity, soil fertility and landscape conservation; whereas around 20 % of European farmland is already suffering as a result of climate change, water and wind soil erosion and poor cultivation; and whereas, owing to global warming, some regions of the EU, particularly in southern Europe, are already exposed to drought and other extreme weather events, which will cause soil deterioration and limit access to good-quality land and/or land fit for agricultural use; |
T. |
whereas there is a substantial imbalance in the distribution of high-quality farmland, and whereas such land is decisive for the quality of food, food security and people’s wellbeing; |
U. |
whereas the demand for food and feed, non-fossil fuel and renewable raw materials for the fuel, chemicals and textiles industries, and for the bioeconomy, is constantly increasing, as is, therefore, the price of land; |
V. |
whereas small and medium-sized farms, distributed ownership or properly regulated tenancy, and access to common land, are the best way of ensuring a responsible relationship with the land and sustainable land management, and of fostering identification and a sense of belonging; whereas such forms of tenure encourage people to remain in rural areas and enable them to work there, which has a positive impact on the socio-economic infrastructure of rural areas, food security, food sovereignty and the preservation of the rural way of life; whereas the unequal distribution of, and access to, land and natural resources increase the risk of divisions within society, social imbalances, loss in the quality of work and life, and impoverishment; whereas the high concentration of power in sectors within the EU’s food market could affect consumer rights negatively and reduce farmer incomes; whereas farmers who do not own their land should be ensured leases that are robust enough, and of sufficient duration, to safeguard a return on their investments; |
W. |
whereas the aim of Europe’s agricultural policy is to preserve the European model of farming, based on a multi-functional agriculture characterised primarily by small to medium-sized family and cooperative farms with land ownership; whereas a broad distribution of assets, secure tenure and access to common land, which are managed sustainably, guarantee fair access to resources and a diverse, residence-based agricultural structure with traditions, legal certainty and responsibility for the benefit of society; whereas such a model safeguards traditional products and food sovereignty, and fosters innovation while protecting the environment and future generations; |
X. |
whereas, in addition to producing food, family-run farms fulfil very important social and environmental functions that an industrialised farming cannot always provide; whereas small and medium-sized agriculture run by families alone, or with the support of consumers, is a very promising model for the future, including from the economic point of view, as such farms often feature a good deal of internal diversification, making them resilient, and contribute to a high level of added value in rural areas; |
Y. |
whereas the concentration of farmland has an adverse effect on the development of rural communities and the socio-economic viability of rural areas, and results in the loss of agricultural jobs, thus decreasing the standard of living for the agricultural community and the availability of food supplies, and creating imbalances in territorial development and in the social sphere; |
Z. |
whereas the future of the agricultural sector depends on the younger generation, and on its willingness to innovate and invest, which is decisive for the future of rural areas as it represents the only way to halt the ageing of the farming population and to secure farm succession, without which the intergenerational contract also loses validity; whereas, on the other hand, it is particularly difficult for young farmers and new entrepreneurs to gain access to land and to credit, which is liable to make the sector less attractive; |
AA. |
whereas access to land is the primary precondition for setting up a farm, which in turn will create jobs and foster social and economic development; |
AB. |
whereas farmland prices and rents have in many regions risen to a level encouraging financial speculation, making it economically impossible for many farms to hold on to rented land or to acquire the additional land needed to keep small and medium-sized farms viable, let alone to start new farms, as there is hardly any land available on the market; |
AC. |
whereas differences among the Member States in farmland prices further accentuate concentration processes, and whereas the trend in land prices does not follow economic trends in other sectors; |
AD. |
whereas in many Member States, sale prices and, in some cases, rents for farmland are no longer based on the incomes that can be derived from food production; |
AE. |
whereas rents are often no longer based on the incomes that farms can sustain, meaning that capital requirements are too high, and have too much risk attached to encourage entry to farming; |
AF. |
whereas the demand for food and feed is supplemented by a rising demand for raw materials for the ‘bioeconomy’, such as biofuels and materials for the chemical and textile industries, which inspires interest in acquiring farmland on the part of new operators; |
AG. |
whereas, given that some Member States are yet to establish effective land policies, EU policies and subsidies can in some cases encourage concentration phenomena, as direct area payments are of greater benefit to large farms and to farmers who are already well established, and the use of these funds leads to a rise in land prices, which tends to put the land market beyond the reach of young people, of new entrants seeking land on which to set up farming, and of small and medium-sized undertakings that are often less well off financially; whereas this means that, not uncommonly, European agricultural funds, which are also intended for medium-sized and small farms, end up in the wrong pockets; |
AH. |
whereas the concentration of land in the hands of a small number of producers is distorting production and market processes, and is liable to have a counterproductive effect on farming in the Member States and/or in the EU as a whole; |
AI. |
whereas the Common Agricultural Policy (CAP), as reformed in 2013, has also helped to limit these effects by introducing an increased payment for the first hectares, with phased reduction of support; whereas, moreover, these direct area payments play an essential role in enabling European farms meeting high production standards to be competitive and sustainable; |
AJ. |
whereas the purchase of farmland has been seen as a safe investment in many Member States, particularly since the 2007 financial and economic crisis; whereas farmland has been bought up in alarming quantities by non-agricultural investors and financial speculators, such as pension funds, insurance companies and businesses; and whereas land ownership will remain a safe investment even in the event of future inflation; |
AK. |
whereas a number of Member States have adopted regulatory measures to protect their arable land from being purchased by investors; whereas cases of fraud have been recorded in the form of land purchases involving the use of ‘pocket contracts’, in which the date of the conclusion of the contract is falsified; whereas, at the same time, large amount of land has been acquired by investors; |
AL. |
whereas the creation of speculative bubbles on farmland markets has serious consequences for farming, and whereas speculation in commodities on futures exchanges drives up farmland prices further; |
AM. |
whereas there are various contributory factors involved in land grabbing, including increasing globalisation, population growth, a growing demand for foodstuffs and natural raw materials, and the counter-productive effects of agricultural policy; |
AN. |
whereas one consequence of the concentration of ownership of farmland is the transfer of profits and tax payments from rural areas to the headquarters of large businesses; |
AO. |
whereas existing rules on the capping of direct payments above EUR 150 000 become inoperative if legal persons own multiple agricultural subsidiaries, each of which receives less than EUR 150 000 in direct payments; |
AP. |
whereas limited companies are moving into farming at an alarming speed; whereas these companies often operate across borders, and often have business models guided far more by interest in land speculation than in agricultural production; |
AQ. |
whereas the problems described above apply not only to farmland but also, with a similar degree of urgency, to forests and fisheries; |
1. |
Points out that land, its management, and urban development rules are matters for the Member States; calls on the Member States, therefore, in their public policies, to take better account of farmland conservation and management, and to transfers of land; |
2. |
Calls on the Commission to establish an observatory service for the collection of information and data on the level of farmland concentration and tenure throughout the Union, noting that it should be tasked with: recording purchase prices and rents, and the market behaviour of owners and tenants; observing the loss of farmland following changes in land use, trends in soil fertility and land erosion; and issuing regular reports; |
3. |
Considers that the Member States should regularly communicate to each other, and to the Commission, information about their national legislation regarding land, land use changes and, in particular, cases involving speculative land purchases; |
4. |
Calls on the Commission to set up a high-level task force to examine the problem of farmland concentration, to conduct a study on the impact that the policy measures taken by the EU and the Member States have on land concentration and agricultural production, and to analyse the risks that land concentration poses for food supply, employment, the environment, soil quality and rural development; |
5. |
Calls on the Member States to focus their land-use policies on using available tools — such as taxation, aid schemes and CAP funding — to maintain a family-farm-based agricultural model throughout the EU; |
6. |
Calls on the Commission and the Member States to regularly collect data on rent levels and land prices of comparable quality, including the acquisition of land by means of share purchases and on transactions involving large areas of land, the loss of tenure, infringement of land tenure rights, and speculative price rises, in all Member States; calls on the Commission to publish guidelines on the harmonisation of accounting practices, and to encourage the sharing of best practices in national legislations, in order to identify measures to safeguard farmland and farm activities; |
7. |
Considers it necessary for the Member States to create harmonised farmland inventories in which all ownership rights, and rights of use in respect of farm land, are recorded in an up-to-date, accurate and comprehensible manner — while fully respecting the data protection rights of the parties involved — and presented in the form of anonymised, publicly accessible statistics; |
8. |
Calls on the Commission, on this basis, to report at regular intervals to the Council and Parliament on the situation regarding land use and on the structure, prices and national policies and laws on the ownership and renting of farmland, and to report to the Committee on World Food Security (CFS) concerning the EU’s implementation of the CFS’s Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security (VGGT); |
9. |
Notes that programmes to consolidate fragmented parcels of land, using differing types of procedure in the framework of an integrated land management system that takes account of local and regional conditions, is an indispensable instrument for improving agricultural structures and settling land-use disputes; recommends, in this regard, that where land consolidation is delivered through the renting of land, rental prices be linked to productive capacity and profitability, as being the most appropriate for the agricultural economy, and calls on the Member States to share their experiences of farmland management; |
10. |
Considers that well-considered and coordinated land market policies, implemented with the instrument of regional and local land use planning, should help to reduce non-agricultural land use; |
11. |
Acknowledges that while land policy is essentially a matter for the Member States, it may be affected by the CAP or relevant policy areas, with serious impact on the competitiveness of farms on the internal market; considers that land policy must help to ensure a broad, fair and equitable distribution of land tenure and access to land, as well as the status of tenant farmers within an appropriate framework, as this has direct implications for rural living, working conditions and quality of life; draws attention to the important social function of land tenure and management over generations, given that a loss of farms and jobs will lead to the collapse of European smallholder agriculture and the demise of rural areas, and thus lead to structural changes that are undesirable for society as a whole; |
12. |
Calls on the Member States, in order to attain the objectives of the CAP, to give small and medium-sized local producers, new entrants and young farmers — while ensuring equal gender access — priority in the purchase and rental of farmland, including pre-emptive rights where established, as the ownership of as much as possible of the land they farm is in the interest of a sustainable and reliable development of their farms, particularly at a time when non-farmers are increasingly interested in purchasing agricultural plots, very often for purely speculative purposes; encourages the Member States to promote small-scale family farms and sustainable production methods; |
13. |
Recalls that high investment costs hamper the acquisition and leasing of farmland and forested area for small to medium-sized family and cooperative farms; |
14. |
Recognises the importance of small-scale family farms for rural life, since they play an active role in the economic fabric of rural areas by conserving the cultural heritage and maintaining rural life, sustaining social life and making sustainable use of natural resources, in addition to producing a sufficient amount of healthy and high-quality food, and ensuring a broad distribution of land ownership in such areas; points out the problems that arise in the transfer of farms from one generation to another, with particular reference to the transfer of farms outside the family, and calls on the Member States to collect data on these phenomena and to create the legal framework to tackle such problems; |
15. |
Recalls the encouragement for young farmers enshrined in the CAP, the purpose of which is to promote their access to farming; calls, moreover, for a comprehensive approach that helps enable skilled young farmers, women and others wishing to take up farming to take over or start farms; notes, however, that new entrants still face obstacles related to structural barriers such as high land prices or high taxation of extra-familial farm succession; |
16. |
Stresses the relevance of European structural policy to promoting rural areas, for example with a view to ensuring, with regard to access to farmland, special assistance to small and medium-sized individual farms and cooperatives, young people and, in particular, women; |
17. |
Stresses the difficulties of accessing credit in order to acquire land or tenure, especially for new entrants and young farmers; calls on the Commission to provide proper instruments, in the framework of the CAP and related policies, that facilitate their entry into farming by ensuring fair access to sustainable credit; |
18. |
Considers that local communities should be involved in decisions on land use; |
19. |
Calls on the Member States to provide incentives for urban farm development and other forms of participatory farming and land-sharing arrangements, taking into account, on the one hand, the limited access to farmland in rural areas and, on the other, the growing interest in urban and peri-urban agriculture; |
20. |
Encourages the Member States to engage more efforts in knowledge transfer through research and innovation projects with a view to improving soil quality through the application of agri-environmental practices, in recognition of the fact that farmland is the basis for food production, lasting ecosystems and thriving rural areas; |
21. |
Calls on the Member States to shape their land market policies in such a way as to permit access to ownership or tenure under financial conditions appropriate to farming, and to monitor farmland prices and rents; calls, furthermore, for transactions on farmland to be subject to an ex-ante procedure checking the conformity with regard to national land legislations, which would also apply to mergers, splits and the establishment of foundations; takes the view that there should be stricter checks on lease contracts, a requirement to report irregularities, and the possibility of penalties, since renting is often the first step to purchasing; urges the Member States to ensure that leasing policy includes the requirement for tenants to engage in farming; considers that land-market policy should help to prevent the establishment of dominant positions on land markets; |
22. |
Encourages all Member States to use such instruments to regulate the market in land as are already being used successfully in some Member States, in line with EU Treaty provisions, such as state licensing of land sales and leases, rights of pre-emption, obligations for tenants to engage in farming, restrictions on the right of purchase by legal persons, ceilings on the number of hectares that may be bought, preference for farmers, land banking, indexation of prices with reference to farm incomes, etc.; |
23. |
Underlines that national judicial systems need to protect all parties’ rights in view of irregularities with lease contracts, and that national authorities should take steps to eliminate any loopholes in existing national legislations that make contract abuse possible; |
24. |
Recalls the positive measures taken by some Member States in regulating their land markets in order to avoid speculative land transactions; reminds the Member States that tax legislation gives them an effective leverage with which to regulate the land market; |
25. |
Calls on the Member States to support or create appropriate institutions with state participation and public supervision for land management; |
26. |
Calls on the Member States and the Commission to support all innovative land-sharing measures favourable to enabling young farmers to establish themselves, in particular by means of investment funds, based on the principle of solidarity, that enable savers to invest their funds in a socially useful manner by assisting young people without sufficient resources to acquire land and to embark on careers in farming; |
27. |
Calls on the EU and its Member States, in the interest of developing a clear EU guiding principle for the structure of farming, to implement the VGGT, ratified by all Member States; calls, in particular, on the Member States to consider the wider social, economic and environmental objectives, and to avoid the undesirable impacts that land speculation and concentration have on local communities, when taking measures regarding the use of, and control over, state-owned resources; calls on the Member States to report to the Commission on the use and application of these guidelines in their land governance policies; |
28. |
Suggests, in this regard, that the Commission adopt recommendations on EU land governance, in line with the VGGT and taking into account the horizontal EU frameworks on agriculture, the environment, the internal market and territorial cohesion; |
29. |
Suggests that direct payments would offer better value for money if they were payable based on the environmental and socio-economic public goods a farm holding delivers, rather than solely on the land area it covers; |
30. |
Points out the possibilities open to the Member States of reducing the part of direct payments exceeding the upper limit of EUR 150 000 by at least 5 %, as set out in Article 11 of Regulation (EU) No 1307/2013 (the Direct Payments Regulation); |
31. |
Believes that, under the reformed CAP, ceilings should be introduced, and the direct payments scheme adjusted, in such a way as to give added weight to the first hectares, and that steps should be taken to facilitate investment and the disbursement of direct aid to small farms; calls on the Commission to introduce a more effective aid redistribution system in order to guard against farmland concentration; |
32. |
Encourages the Member States to make greater use of the scope already available to them to cap and redistribute CAP funds, such as the possibility of having 30 % of direct payments payable on the first hectare, as a way to strengthen small-scale and family farming, provided that they, at the same time, apply the requirements of Articles 41 and 42 of the Direct Payments Regulation; proposes that the favourable treatment of the first hectares should be calculated not per farm but per parent company; calls, therefore, on the Commission to publish information, in line with data protection rules, not only on owners of farms that receive CAP subsidies, but also on beneficiaries such as land owners/parent companies; |
33. |
Highlights the importance of a distinctive definition throughout the EU of ‘active farmer’ that is clearly linked to the notion of work on a farm and that makes an accurate distinction between eligible and non-eligible land (e.g. airports, industrial open areas, golf courses); calls on the Commission to ensure that only active farmers are beneficiaries of direct support; |
34. |
Calls on the Commission to monitor all relevant policy areas, such as agriculture, energy, environment, regional development, mobility, finance and investment, to see whether they promote or counteract the concentration of agricultural land in the EU and, with the participation of farmers and their organisations as well as other relevant civil-society actors, to launch a consultation procedure to assess the existing situation with regard to the administration of farmland in line with the VGGT and the terms of reference adopted by the CFS; |
35. |
Recommends that the Member States undertake a targeted examination of the national implementation of the existing CAP with a view to identifying any undesirable effects of the concentration of land; |
36. |
Endorses the Commission’s finding that land is a finite resource that is already under much pressure as a result of climate change, soil erosion and over-exploitation or change of use, and therefore supports eco-social measures to protect the land, while underlining that land is a matter for which sole responsibility is vested in the Member States; |
37. |
Calls for farmland to be given special protection with a view to allowing the Member States, in coordination with local authorities and farmers’ organisations, to regulate the sale, use and lease of agricultural land in order to ensure food security in line with the EU Treaties and the case law of the European Court of Justice on land tenure and access to land, and also with regard to the four fundamental European freedoms and to the public interest; |
38. |
Suggests that, in the interests of interinstitutional transparency, the Commission should give Parliament better insight into the documents on infringements of the Treaties and the preliminary proceedings in connection with regulation of the land market by the Member States; |
39. |
Calls on the Commission, in conjunction with the Member States and stakeholders, to publish a clear and comprehensive set of criteria, including farmland transactions on capital markets, that ensure a level playing field and make it clear to the Member States which land market regulation measures are permitted, taking into account the public interest and the four freedoms of the European Union, with a view to ensuring easier acquisition by farmers of land for farming and forestry; calls on the Commission to consider a moratorium on the ongoing proceedings aimed at assessing whether Member States’ legislations on farmland trading comply with EU law until the aforementioned set of criteria are published; |
40. |
Calls on the Commission to raise the awareness of the Member States about, and support them in combating, tax evasion, corruption and illegal practices (such as ‘pocket contracts’) in connection with land transactions; draws attention to the abuses under investigation by judicial authorities in certain Member States concerning the farm land acquisition process; |
41. |
Welcomes the proposal to simplify the CAP, in particular those measures aimed at reducing costs and administrative burdens for family farms, as well as for micro, small and medium-sized enterprises in rural areas; |
42. |
Calls on the Commission to maintain, during the development of the draft CAP for the period after 2020, measures to combat the concentration of agricultural land and to develop additional measures in support of micro, small and medium-sized enterprises; |
43. |
Instructs its President to forward this resolution to the Council and the Commission, and to the governments and parliaments of the Member States. |
(1) Study entitled ‘Extent of Farmland Grabbing in the EU’ by the European Parliament’s Committee on Agriculture and Rural Development, p. 24 (PE 540.369).
(2) Ibid.
(3) Agricultural land policy: State of play and options, report by the federal-regional land market policy working group following the conclusions of the heads of Länder agricultural departments of 16 January 2014 (March 2015), p. 37.
23.8.2018 |
EN |
Official Journal of the European Union |
C 298/121 |
P8_TA(2017)0198
Annual report on the financial activities of the European Investment Bank
European Parliament resolution of 27 April 2017 on the Annual Report on the Financial Activities of the European Investment Bank (2016/2099(INI))
(2018/C 298/16)
The European Parliament,
— |
having regard to the 2015 Activity Report of the European Investment Bank, |
— |
having regard to the 2015 Financial Report and the 2015 Statistical Report of the European Investment Bank, |
— |
having regard to the September 2016 Evaluation of the Functioning of the European Fund for Strategic Investments (EFSI) of the European Investment Bank, |
— |
having regard to the Corporate Operational Plan 2016-2018 published on the EIB website, |
— |
having regard to the Sustainability Report 2015 of the European Investment Bank, |
— |
having regard to Articles 15, 126, 175, 177, 208, 209, 271, 308 and 309 of the Treaty on the Functioning of the European Union and to Protocol No 5 on the Statute of the EIB, |
— |
having regard to the External Lending Mandate (ELM) 2014-2020 granted by the Commission for European Investment Bank operations outside the European Union, |
— |
having regard to the Commission Communication of 26 November 2014 entitled ‘An Investment Plan for Europe’ (COM(2014)0903), |
— |
having regard to the Commission Communication of 28 January 2016 on an ‘External Strategy for Effective Taxation’ (COM(2016)0024), |
— |
having regard to Regulation (EU) 2015/1017 of the European Parliament and of the Council of 25 June 2015 on the European Fund for Strategic Investments, the European Investment Advisory Hub and the European Investment Project Portal and amending Regulations (EU) No 1291/2013 and (EU) No 1316/2013 — the European Fund for Strategic Investments (1), |
— |
having regard to the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 1316/2013 and (EU) 2015/1017 as regards the extension of the duration of the European Fund for Strategic Investments as well as the introduction of technical enhancements for that Fund and the European Investment Advisory Hub (COM(2016)0597), |
— |
having regard to its resolution of 28 April 2016 on the European Investment Bank (EIB) — Annual Report 2014 (2), |
— |
having regard to the Commission Communication of 1 June 2016 entitled ‘Taking stock of the Investment Plan for Europe and next steps’ (COM(2016)0359), |
— |
having regard to the ‘EIB Policy towards weakly regulated, non-transparent and uncooperative jurisdictions’ of 15 December 2010 and the addendum to the ‘NCJ Policy’ of 8 April 2014, |
— |
having regard to its consent of 4 October 2016 to the ratification of the Paris Agreement by the European Union (3), |
— |
having regard to President Juncker’s speech on the State of the Union delivered on 14 September 2016 at the plenary session of the European Parliament in Strasbourg, |
— |
having regard to the letters sent by the European Ombudsman to the EIB on 22 February 2016 and 22 July 2016, |
— |
having regard to Article 3 of the Treaty on European Union (TEU), |
— |
having regard to Rule 52 of its Rules of Procedure, |
— |
having regard to the report of the Committee on Economic and Monetary Affairs and the opinions of the Committee on Development, the Committee on International Trade, the Committee on Budgets and the Committee on Transport and Tourism (A8-0121/2017), |
A. |
whereas the EIB is considered to be the ‘financial arm of the EU’ and the key institution for sustaining public and private investments within the EU, while also playing an important role outside the EU through its external lending activities; whereas the EIB is continuing to strengthen European integration and its role has proven to be even more essential since the start of the financial crisis in 2008; |
B. |
whereas comprehensive and proper parliamentary accountability of the EIB should be developed; |
C. |
whereas the EIB maintained solid profitability in 2015, with a net annual surplus of EUR 2,8 billion; |
D. |
whereas the EIB must retain a strong credit standing and must remain selective in its operations, taking into account not only the high volumes and returns of its investments but also the social and economic impacts in different sectors and regions and the contribution of its investments to the wider social good; |
E. |
whereas the EIB should continue to strengthen its efforts to expand its loan activities effectively, especially in regions with a low level of investment capacity, while reducing administrative burdens for applicants; |
F. |
whereas the EIB, as the institution responsible for the implementation of the European Fund for Strategic Investments (EFSI), should maintain the pursuit of a high-quality asset portfolio and the achievement of solid financial results with long-term economic benefits that generate quality jobs as its main priorities; |
G. |
whereas the EIB should, through all its available instruments, help address regional inequalities by advising on the development of new private projects and by financing sound and prudent investment projects without interfering with or replacing pre-existing programmes which have the same purpose and those projects which have a strong environmental, social and corporate governance (ESG) dimension; whereas, in particular, the EIB should devise additional ways of sustaining the economic development of countries that have had to apply a stabilisation programme; |
H. |
whereas the EIB’s investments in sound projects can help tackle youth unemployment by equipping young people with the necessary set of skills and help provide access to finance linked to the employment of young people; |
I. |
whereas special consideration must be given to ESG criteria and climate change in particular in the assessment and monitoring of all projects; whereas the promotion of economic, social and territorial cohesion is vital to the full development and enduring success of the Union; |
J. |
whereas, with more than a trillion euros invested in the transport sector thanks to the support of the EIB since its foundation in 1958, this is the sector in which the EIB has been most active; |
K. |
whereas lowering emissions in the transport sector is a major challenge, and significant reductions in NOx, CO2 and other relevant emissions from transport are needed if the EU is to achieve its long-term climate goals; whereas congestion and air pollution are major problems in developing all forms of mobility and protecting human health; |
L. |
whereas in 2015 the EIB invested EUR 14 billion in transport projects that will benefit 338 million passengers per year and save 65 million travel hours per year; |
Investment in the EU
1. |
Stresses that the current crisis has significantly weakened growth in the European economy and that one of the main factors is the decline in investment in the EU; underlines that the fall in public and private investment has reached alarming levels in the countries most affected by the crisis, as evidenced by Eurostat’s finding that Gross Fixed Capital Formation (GFCF) fell by 65 % in Greece and 35 % in Portugal between 2007 and 2015; expresses concern about macroeconomic imbalances and unemployment rates that remain high in some Member States; |
2. |
Underlines the fact that the strengthening of EU competitiveness, higher economic growth and employment depend, inter alia, on an increase in investment, especially in research, innovation, digitalisation, energy efficiency and sustainability, the circular economy, and in support for start-ups and existing SMEs; |
3. |
Notes the urgent need for the EIB to participate in the reduction of the investment gap on the basis of sound economic criteria; calls on the EIB to focus its efforts on more effective and energy efficient investments, as well as on attracting and enabling private investment; asks the EIB to avoid large-scale infrastructure projects that may have a serious environmental impact and that fail to demonstrate real added value for the economy and the local population; calls on the EIB to boost its technical assistance in order to address low project generation capacity and to help Member States to identify fundable projects; |
4. |
Notes the stability of the EIB lending signed in 2015 (EUR 77,5 billion, after EUR 77 billion in 2014); points out that, while the figure complies with the target announced in the EIB Operational Plan 2015-2017, the current context should encourage the bank to adopt more ambitious objectives and to increase lending signed by the EIB; recalls that the EIB should play a fundamental role in the implementation of the Europe 2020 Strategy through the Horizon 2020 instrument; |
5. |
Considers that the EIB, as ‘the EU bank’ incorporated and governed by the Treaties and relevant annexed Protocol, must live up to this particular status, which entails particular rights and responsibilities; observes that the bank is playing a key role in implementing an ever greater number of financial instruments leveraging on EU budgetary funds; |
6. |
Takes note of the positive news that the EIB was able to deliver the commitment entered into with its shareholders of at least 180 billion in overall investment; |
7. |
Points out that a fresh increase in EIB capital, with the aim of safeguarding the bank’s financing capacity for the future, deserves serious consideration, while stressing the importance of ensuring the efficient and responsible management of resources; |
8. |
Takes the view that an increase in EIB lending activity could be achieved through better synergies with public funds, which would in turn boost public and private investment; stresses that such an increase should be accompanied by a corresponding diversification of the EIB’s product range, including a greater and fiscally prudent use of public-private partnerships (PPP) — while maintaining public and private benefits in balance — and of other innovative in order to better address the needs of the real economy and the market; stresses that such action should be taken while also recognising that new products often require additional governance tools to ensure their suitability and that particular attention should be paid to the strategic allocation of funding and the promotion of EU policy objectives; |
9. |
Notes the fact that in 2015 the EIB provided EUR 1,35 billon for investment in projects across Greece; notes that the EIB has provided more than EUR 12 billion for investment in Greece since the beginning of the crisis in 2008; |
10. |
Welcomes the fact that the EIB has responded to the crisis by expanding its activities significantly, including in the worst affected countries; calls on the EIB to further support EU countries under adjustment programmes in order to contribute to jump-starting their economic recovery and to favour their transition to a sustainable economy while ensuring that they still adhere to EIB criteria for sound investments; points out that this support should be provided in the form of both financial support and capacity-building in order to help projects become investment-ready; stresses the importance of regional development and calls for enhanced dialogue and cooperation with regional and local authorities; |
11. |
Draws attention to the numerous calls on the EIB to catalyse and facilitate best practice dissemination throughout Member States, in particular through the relevant national promotional banks and institutions that constitute a major tool for a coordinated EU response to the low level of investment; |
12. |
Expects the EIB to continue to work with the Commission and Member States in order to address systemic shortcomings that prevent certain regions or countries from taking full advantage of the EIB’s financial activities; |
13. |
Notes that the EIB uses a wide range of financial instruments — such as loans, guarantees, project bonds and PPPs — to support public and private investment in transport; stresses that it is important to coordinate various types of EU funding in order to ensure that EU transport policy objectives are met across all of the EU, taking into account that not all projects are suitable for funding from PPP types of instrument; |
14. |
Emphasises that the EIB should give priority to innovation-based projects which offer clear added European value; points out that it is important to fund projects that maximise the impact in terms of job creation; calls on the EIB to step up its assessment of projects, paying particular attention to the number and quality of direct and indirect jobs created; calls on the EIB to act in a market-conforming manner so as to create a level playing field for other investors; |
15. |
Supports the Commission in its attempt to revise the current Financial Regulation; supports, in particular, the regulation’s provisions concerning the use of innovative financial instruments such as project bonds, provided they do not entail socialising the losses and privatising the profits; |
16. |
Invites the EIB to present a comprehensive assessment of the potential impact that the UK’s decision to leave the EU might have on its financial status and activities; underlines the necessity for the EIB to take the UK’s decision to leave the EU into account when engaging in long-term commitments; calls on the EIB to maintain dialogue with the UK Government in order to ensure much needed certainty for UK-based projects which are currently in receipt of EIB funding or in the process of applying; invites the EIB to investigate and outline the various possible relationships the EIB might have with the UK following the UK’s decision to leave the EU; |
17. |
Encourages the EIB Group to fully adhere to the Commission’s stance on aggressive tax avoidance structures and underlines that, further to the EIB’s own safeguards, the deployment of public funds managed by the EIB under mandate is also subject to control by the European Court of Auditors; calls on the EIB, in this regard, to end cooperation with intermediaries, countries and jurisdictions that are on the EU list of non-cooperative tax jurisdictions; notes that all projects funded by the EIB, including those funded by financial intermediaries, are published on the EIB’s website; suggests that the EIB enhance its research and sectoral analysis capacities; |
18. |
Underlines that combating all forms of harmful tax practices should remain an important priority of the EIB; calls on the EIB to swiftly apply the relevant EU legislation and standards on tax avoidance, tax havens and other related issues, and to require its clients to comply with these rules accordingly; expresses concern at the lack of information disclosed by the EIB on ultimate beneficial ownership, especially when the financing relies on private equity funds; urges the EIB to take proactive measures and carry out increased due diligence measures where EIB projects are found to have links with jurisdictions that raise tax concerns; |
19. |
Highlights that the EU list of non-cooperative tax jurisdictions is expected by the end of 2017; calls on the EIB, in this regard, to review and enhance its non-transparent and uncooperative jurisdictions policy (NCJ Policy) as soon as possible once the EU list of non-cooperative tax jurisdictions is drawn up; |
20. |
Calls on the EIB to further improve its transparency practices at all levels of the institution; encourages the EIB to make sure that both direct funding and funding via intermediaries contain country-by-country data; urges the EIB to act on the European Ombudsman’s recommendations and calls for the independence of the EIB’s complaint mechanism to be strengthened; |
21. |
Calls on the EIB to continue improving its communication with financial intermediaries so that the latter can better inform the beneficiaries of the EIB financing opportunities at their disposal; welcomes, in this regard, the recently established mechanism whereby lending institutions using EIB funds to finance a project must send a letter to the beneficiary explicitly stating the use of EIB financing; |
22. |
Believes that transparency, and access for citizens to information on financing plans and structures, are essential to ensuring resonance for, and citizens’ acceptance of, the projects; |
Supporting SMEs
23. |
Strongly supports the emphasis placed by the EIB on the financing of small and medium-sized enterprises (SMEs), with 37 % of the new lending granted in 2015 (EUR 28,4 billion); welcomes in particular the fact that the EIB operations helped to create and sustain 4,1 million jobs in Europe’s SMEs and mid-caps (+13 % as compared to 2014); recalls that SMEs are the backbone of Europe’s economy, providing 85 % of all new jobs, and that supporting them must remain a fundamental objective of the bank; underlines that the EIB is one of the institutions helping to reduce the financing gap that SMEs face; |
24. |
Welcomes the EIB’s role in local private-sector development; points out that the EIB’s support for microfinance was particularly successful, with just EUR 184 million microcredits sustaining 230 500 jobs in microenterprises, while close to EUR 3 billion loans to SMEs and mid-caps have proved much less effective, sustaining only 531 880 jobs; points out that the leverage ratio of microfinance investment vehicles was also considerably higher than that of private equity funds; points out that microcredits have a strong gender perspective, generating twice as many jobs for women as for men; asks the EIB to devote more resources to microfinance; calls on the Commission and the Member States to acknowledge this success by means of an increase in the budget provisioning for micro credits in the EU’s external lending mandate; regrets that the EIB has not supported any microfinance institution outside the ACP region and demands that similar microfinance support be provided to all other developing countries where the EIB is active; |
25. |
Welcomes the fact that, in recent years, the EIB has placed greater emphasis on supporting SMEs; is concerned that the EIB’s funding may be biased in favour of larger enterprises by targeting the number of jobs sustained (which includes pre-existing jobs without risk of layoffs); asks that the EIB target and report not only jobs sustained, but also jobs created by its funding activities, and aim at complying with ILO standards; |
26. |
Calls on the EIB to require that companies participating in projects co-financed by the EIB adhere to the principle of equal opportunities and equitable treatment of men and women in matters of pay, employment and occupation; calls on the EIB, when deciding which projects to finance, to take into account the corporate social responsibility measures taken by candidate companies; |
27. |
Recalls the need to support local SME projects pursuing sustainable and long-term investments and providing employment in the fields of innovation, R&D and energy efficiency; |
28. |
Takes the view that, given the strategic role of micro, small and medium-sized enterprises, the EIB should also devise a strategy to increase their financing in countries with unfavourable economic and banking environments; believes that particular attention should also be paid to competitive and agile very small enterprises in need of financing, micro-enterprises and micro-entrepreneurs, which account for 30 % of private sector employment in the EU and are more susceptible to economic shocks than larger firms; believes that this strategy should include the reinforcement of administrative and advising capacities with a view to providing information and technical support to SMEs in developing and applying for finance; believes that in the domain of access to finance, the EIB could emphasise bridging possible funding gaps for microenterprises through financial instruments and products such as microfinance facilities and guarantees; |
29. |
Welcomes the EIB’s financing activity in the area of infrastructure and transport, as these projects significantly increase the potential of trade and can have a leverage effect in the internationalisation of SMEs, especially in regions with geographical disadvantages; |
30. |
Is of the opinion that the EIB should take special care to ensure that the network of financial intermediaries that it has developed is trustworthy and in a position to finance dynamic and competitive SMEs effectively and in accordance with EU policies; calls on the EIB to cooperate more closely with regional public institutions with a view to optimising the financing possibilities for SMEs; stresses the need to tailor investment programmes towards small-scale projects in order to ensure the participation of SMEs; |
31. |
Stresses that access to finance is one of the most pressing challenges for SMEs; underlines the need for an EIB strategy to enable further and improved access to funding for SMEs, including through trade facilitation programmes and initiatives such as the European Progress Microfinance facility and the new facilities for financing European and Latin American/Caribbean SME trade activities; suggests the establishment of more proactive SME and microenterprise policy requirements for intermediary banks disbursing EIB funds; suggests further improvements in transparency with regard to the assessment of the local economic and social impact of the EIB’s intermediated loans; underlines that the EIB’s contribution to SME-related programmes in third countries which have preferential trading regimes with the EU should be geared towards their integration into global supply chains, while specifically in the Eastern and Southern neighbourhood such EIB programmes should be oriented to the integration of SMEs into European value chains; |
32. |
Urges that EIB funds be directed not only towards SMEs, but also towards sensible infrastructure development, since the lack thereof in many partner countries can act as a serious impediment to growth in trade and to their inhabitants’ ability to buy and sell goods and services in the EU; |
EFSI
33. |
Welcomes the start of the EFSI, the legislation governing which entered into force in July 2015; underlines that the success of the programme is dependent upon its swift and full implementation; |
34. |
Particularly stresses the fact that at the time of drafting of this resolution, and with the figures still rising, total investment in EFSI approvals amounts to EUR 168,8 billion, which is equivalent to 54 % of the original target value (EUR 315 billion); draws attention to the fact that 450 transactions have so far been approved in 28 Member States; invites the EIB to do more to ensure additionality in the selection of projects under EFSI and to make efforts to improve the geographical coverage of projects and their contribution to sustainable and smart growth; |
Innovation and competitiveness
35. |
Welcomes the strong increase in EIB lending to innovative projects, which stood at EUR 18,7 billion in 2015, as compared to less than EUR 10 billion in 2008, and is of the opinion that it should be further increased; urges the EIB to continue this effort and to focus on the development of technologies for the future, such as energy-efficiency transport, robotics, the bio economy, the digital economy and new medical treatments for a better life; believes that concentrating on InnovFin and FinTech will attract projects with added value in the Member States; believes that the EIB could strengthen its support to innovation through targeted investments in education and training, as well as for start-ups and growing enterprises, and in particular in less developed regions; |
36. |
Calls on the EIB, in its financing of transport projects, to take into account and seek synergies with tourism, with a view to promoting the development and competitiveness of the tourism sector in the EU; |
37. |
Believes that an innovative and effective economy needs an advanced and high-quality transport system and infrastructure, and that these should be among the priorities, with a special focus on the EU’s eastern region as well as on innovative multimodal infrastructure solutions such as short multimodal tunnels, bridges or ferries in sparsely populated areas; |
38. |
Calls on the EIB to step up its efforts in developing technical assistance through its advisory hub in order to promote the best management practices; |
Tackling youth unemployment
39. |
Emphasises that the EIB should develop its ‘Skills and Jobs — Investing for Youth’ programme and carry on investing in education and human capital in order to equip young people with the necessary set of skills to provide them with access to finance linked to the employment of young people in SMEs and mid-caps; |
40. |
Takes the view that the EIB should devise ways of relaxing the conditionality for benefitting firms in regions with youth unemployment above 25 % so as to boost young entrepreneurship and support firm creation, without calling into question the viability of the projects; |
41. |
Recalls that EIB investments in sound investment projects can help foster social inclusion, especially in Member States with high levels of unemployment and low rates of productivity; calls on the EIB to further develop its strategic planning programme in order to tackle high levels of unemployment; welcomes the fact that the EIB’s support for social housing projects has continuously risen in recent years and invites the EIB to further strengthen its investments in social housing projects; |
42. |
Stresses the need for the EIB Resilience Initiative to focus on high-quality projects, and underlines the important role to be played by the EIB under the EU’s proposed External Investment Plan in building more resilient economies that tackle root causes of poverty; stresses the importance of EIB initiatives that focus particularly on young people and women, that contribute to investment in socially important sectors such as water, health and education, or that step up support for entrepreneurship and the private sector; |
Climate action
43. |
Notes that in 2015 the EIB, after public consultation, published a formal Climate Action Strategy geared towards helping to implement the Paris Agreement both at Member State and international level; recalls the need to implement the EIB Climate Strategy of 2015 and asks for concrete reporting on the implementation of the action included in the strategy; |
44. |
Calls on the EIB to step up its involvement in the fight against climate change, which was linked to 27 % of the projects approved in 2015 and accounted for a total investment of EUR 20,6 billion — the largest ever annual amount invested in climate change by the EIB, while climate and environment were the focus of almost 50 % of EIB-approved projects in 2015 reiterates the importance of moving away from fossil fuels and towards renewable energy sources and the improvement of energy efficiency in accordance with the commitment made by the European Union in March 2015 to reduce its carbon emissions by at least 40 % by 2030; highlights the importance of financial support to indigenous energy sources in overcoming Europe’s heavy dependence on external energy and ensuring security of supply; |
45. |
Encourages the EIB to continue to support sustainable, safe, climate-friendly and innovative transport solutions, and to continue to promote accessibility for passengers with reduced mobility; underlines that it is the Union’s priority to ensure sufficient funding for projects with European added value, including cross-border transport links and, in particular, abandoned or dismantled cross-border regional rail connections; underlines the need for European investment policy to pay more attention to horizontal issues, particularly as regards future means of transport and services, which will require the simultaneous and coherent development of alternative energy and telecommunications networks; |
46. |
Stresses the importance in combating climate change of the goals set by COP 21 with regard to transport; underlines that the financial means should be available to bring about a modal shift from road to rail and waterborne and inland waterway transport; insists also that attention should be paid to investment in clean power and modern services for transport; proposes, to this end, that the capacities of financing tools that are specialised for this purpose, such as the European Clean Transport Facility (ECTF), be increased; |
47. |
Emphasises that investments should be based on minimising external costs, including those caused by climate change, thereby reducing the challenges for public budgets of the future; |
48. |
Calls on the Commission and the EIB to support investment in sustainable urban mobility, ideally based on sustainable urban mobility plans (SUMPs) with proper criteria for reducing congestion, climate change, air pollution, noise and road accidents; |
49. |
Notes that in order to reduce the burden of infrastructure construction and maintenance on taxpayers, and on public finances in general, transport infrastructure projects of the PPP type should generally be based on the ‘user pays’ principle; |
50. |
Recommends focusing lending operations on smaller-scale, off-grid decentralised renewable energy projects involving citizens and communities, and integrating the Energy Efficiency First principle into all EIB policies and operations; |
External lending mandate
51. |
Recalls that the external policy of the EIB, and in particular the regional technical operational guidelines, should be consistent with the external action goals of the EU as defined in Article 21 TEU and the European Charter of Fundamental Rights; |
52. |
Insists on the coherence and streamlining of all EU external action financial instruments, including the EIB ‘Resilience’ initiative, the future EU External Investment Plan and the revision of the EIB external mandate; expects in particular the updated regional technical operational guidelines or any equivalent document used to link EU objectives and EIB external action to be more detailed than hitherto; |
53. |
Expects that, in the context of the revision of its external mandate, both arms of the budgetary authority will agree on an ambitious level regarding the allocation for the Eastern Neighbourhood region, taking into account that the ceiling in the Eastern Neighbourhood will be reached as of mid-2017 and the EIB may not be able to continue lending in the region for the entire period of the ELM; |
54. |
Emphasises that EIB activities should contribute to the fulfilment of the Agenda 2030 and, to this end, calls on the EIB to reinforce its capacity to assess projects according to their impact on Agenda 2030 goals, including social, gender, environmental and climate impacts; welcomes the current work of the EIB to develop a gender strategy, the adoption of the EIB External Lending Mandate Climate Strategy in December 2015 and the commitment to increase the share of climate-related projects to 35 % of its investments in developing countries by 2020; highlights the need for sound consultations of projects, including via the application of the principle of Free, Prior and Informed Consent (FPIC) with regard to affected indigenous communities in land-based and natural resource-based investments; |
55. |
Welcomes the EIB’s development operations under the Cotonou Agreement, and the External Lending Mandate for 2014-2020 which provides an EU guarantee covering the EIB’s external operations up to EUR 30 billion; emphasises compliance with EU treaty obligations (including Article 21 of the TEU and Article 208 of the TFEU), with the EU Strategic Framework and Action Plan for Human Rights, with the European Charter of Fundamental Rights and with the Development Effectiveness Principles (including additionality, recipient country ownership, alignment with recipient country developing strategies and transparency in project selection); also points to the 2014 European Court of Auditors’ special report No 16 asking the Commission to ensure a documented assessment of the added value resulting from EU grants in terms of achieving EU development objectives; |
56. |
Urges the EIB to improve the ex-ante and ex-post assessment of the impact of its projects outside the EU in order to ensure they are successfully implemented, generate real added-value and fully comply with the objective of sustainable and inclusive growth for local communities; |
57. |
Welcomes the increase in transparency and accountability due to the EIB’s Results Measurement (ReM) Framework; asks that a random sample of the nearly 400 projects that have gone through ReM assessment at appraisal be reassessed after completion by independent experts; asks that the results of this ex-post evaluation be reported to Parliament; |
58. |
Recalls that for other financial intermediaries used by the EIB (commercial banks in particular, but also including microfinance institutions and cooperatives), in order to ensure a high level of transparency the EIB should ensure that intermediated loans are subject to the same transparency requirements as other types of loans; |
59. |
Regrets that the EIB’s report on its extra-EU activities is completely silent on the volume and number of non-performing EIB loans; asks that the EIB provide Parliament with an annual overview of payment deferrals and losses incurred in its sustainable development funding; asks that this information be structured by type of funding and region; |
60. |
Calls for a political debate involving Parliament on the EIB’s envisaged cooperation with the Asian Infrastructure Investment Bank (AIIB); notes with concern that so far the AIIB’s governance structures do not foresee adequate involvement of shareholders in project financing decisions, and that the publicly available project documentation lacks any detail on the fulfilment of the environmental and social measures that the AIIB requires from its lenders; calls for the EIB to establish synergies and possibly to pool resources with other regional development banks in order to ensure that their activities are not in competition; regards it as important that the EIB should advocate high transparency and social and environmental performance standards in its cooperation with other development banks, as a condition for any capital involvement; calls on the EIB to ensure that companies participating in projects cofinanced by the EIB are required to adhere to the principle of equal pay and pay transparency and to the principle of gender equality as set out in 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; points out furthermore that when deciding which projects to finance, the EIB should take into account the corporate social responsibility measures taken by candidate companies; |
61. |
Approves of the fact that the European Council has endorsed the EIB’s initiative to rapidly mobilise additional financing in support of sustainable growth and social cohesion in Southern Neighbourhood and Western Balkans countries; recalls that the technical assistance facility of the EIB is an essential complement to approved financing, especially in the poor countries; calls on the EIB to take into account the local context when investing in third countries; urges the EIB to reinforce transparency on beneficial owners and the ultimate recipients of funding, especially when the financing in question relies on private equity funds; believes that the choice of financial intermediaries should be stricter; |
62. |
Calls on the EIB to take into account the local context when investing in third countries; recalls that investing in third countries cannot be based solely on a profit maximisation approach but should also aim to generate long-term, private sector-led sustainable economic growth and reduce poverty through job creation and improved access to productive resources; believes that the choice of financial intermediaries should be stricter in this regard; |
63. |
Notes that the EIB Resilience Initiative for the Southern Neighbourhood and the Western Balkans should be seen as complementing the Commission’s new initiative to set up an External Investment Plan; |
64. |
Stresses the need for increased visibility of the bank’s involvement in project financing to various projects stakeholders, in particular outside the European Union, as this is crucial in order for local citizens to be aware of their right to appeal and lodge complaints at the Complaints Mechanism Office and with the European Ombudsman; |
65. |
Calls on the EIB to focus its attention closely on developing countries, particularly those suffering from conflict and extreme poverty, and urges the EIB to continue actively to promote sustainable growth in developing countries; calls on the EIB to work alongside the African Development Bank (AfDB) to finance long-term investments in the service of economic development; welcomes the fact that EU grants are increasingly blended with EIB lending in order to achieve better project results in developing countries; |
66. |
Takes note of the results of the Commission’s mid-term review of the external lending mandate for the European Investment Bank (EIB); underlines that the EIB is operating under a development mandate and needs to be guided by the principle of policy coherence for development; urges the Commission to ensure that the projects financed by the EIB are in line with EU policies and respect European interests, and underlines the need for the EIB to work in line with the UN’s Sustainable Development Goals (SDGs) in its capacity as the financial arm of the EU; |
67. |
Takes note of the positive fact that in some regions the volumes of funds allocated at mid-term represent a high percentage of the regional ceiling; regards this as an indication that a more precise targeting on the Union’s priorities in order to improve the response to external policy objectives, for example in response to the migration crisis, is both possible and desirable; |
68. |
Calls on the Commission to establish a framework for annual reporting by the EIB on its operations outside the EU as regards compliance with the general principles guiding the Union’s external action; supports the conclusion of the mid-term review that the EIB’s Regional Technical Operational Guidelines should, in close cooperation with the EEAS, be updated in order to better reflect the EIB’s alignment with Union priorities; calls on the Commission to use this update for establishing the bases for EIB reporting on Article 21 TEU compliance; considers that the optional additional amount for the EIB should be released only if progress on such reporting is achieved; |
69. |
Calls on the EIB to pay greater attention to the impact its operations have on human rights and labour rights, and to further develop its policy on social standards into a human rights policy in the area of banking; suggests, for this purpose, the inclusion of human rights benchmarks in its project evaluations; |
Refugee crisis and migration within the EU
70. |
Asks the EIB to continue its action to tackle migrant and refugee flows by financing emergency projects in destination and transit countries and, where possible, by making long-term commitments to projects which aim to create jobs and boost growth in the countries of origin; |
71. |
Asks the EIB to continue its social housing project lending in order to cope with the arrival of a large number of refugees in the EU Member States, especially in Greece and Italy; |
72. |
Insists on the need for the EIB to ensure a higher level of transparency and accountability; underlines the fact that the EIB submits three different reports on its activities to the European Parliament every year and that the EIB President and staff regularly attend hearings at the request of the European Parliament and its various committees; considers that there is still room for improvement, however, with regard to increased parliamentary oversight of the EIB’s activities; welcomes, in this regard, the signing of an interinstitutional agreement between the EIB and Parliament on the exchange of information, including the possibility for Members to address written questions to the President of the EIB; |
73. |
Welcomes the EIB’s commitment to tackle the phenomenon of forced migration and to take action in countries particularly affected by the migration crisis, including strengthening humanitarian action and providing support for economic growth, the construction of infrastructure and job creation; welcomes, in this regard, the EIB’s Crisis Response and Resilience Initiative, which aims to increase the volume of aid for countries in Europe’s southern neighbourhood and in the Balkans by EUR 6 billion; calls for this initiative to lead to genuine additionality as regards current EIB activities in the region; |
74. |
Calls on the EIB to rapidly implement the ‘Migration for ACP countries’ package, and insists that funded projects must focus as a priority on the prevention of forced migration in the sub-Saharan region; |
75. |
Welcomes the Commission’s proposal to set up a European External Investment Plan (EEIP) which aims at tackling the root causes of migration, by contributing to the achievement of the SDGs; in this regard, looks forward to seeing the EIB play a significant role, in particular by providing additional financing to private-sector beneficiaries; |
76. |
Calls on the EIB to implement stringent criteria on conflict of interest, fraud and corruption in order to safeguard public interest; |
77. |
Calls on the EIB to improve the participation of national governments and regional and local authorities; encourages the EIB to facilitate the exchange of best practices and to strengthen the involvement of the EIB’s national offices; |
o
o o
78. |
Instructs its President to forward this resolution to the Council, the Commission, the EIB, and the governments and parliaments of the Member States. |
(2) Texts adopted, P8_TA(2016)0200.
(3) Texts adopted, P8_TA(2016)0363.
23.8.2018 |
EN |
Official Journal of the European Union |
C 298/132 |
P8_TA(2017)0199
Implementation of the Mining Waste Directive
European Parliament resolution of 27 April 2017 on implementation of the Mining Waste Directive (2006/21/EC) (2015/2117(INI))
(2018/C 298/17)
The European Parliament,
— |
having regard to Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries and amending Directive 2004/35/EC (1) (hereinafter referred to as ‘the Directive’), |
— |
having regard to Commission Decision 2009/335/EC of 20 April 2009 on technical guidelines for the establishment of the financial guarantee (2), |
— |
having regard to Commission Decision 2009/337/EC of 20 April 2009 on the definition of the criteria for the classification of waste facilities in accordance with Annex III of Directive 2006/21/EC (3), |
— |
having regard to Commission Decision 2009/360/EC of 30 April 2009 completing the technical requirements for waste characterisation (4), |
— |
having regard to Commission Decision 2009/358/EC of 29 April 2009 on the harmonisation, the regular transmission of the information and the questionnaire referred to in Articles 22(1)(a) and 18 of Directive 2006/21/EC (5), |
— |
having regard to Commission Decision 2009/359/EC of 30 April 2009 completing the definition of inert waste in implementation of Article 22(1)(f) of Directive 2006/21/EC of the European Parliament and of the Council concerning the management of waste from extractive industries (6), |
— |
having regard to the report from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the implementation of Directive 2006/21/EC (COM(2016)0553), |
— |
having regard to Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage (7), |
— |
having regard to the European Implementation Assessment study on the ‘Mining Waste Directive’ of January 2017 carried out by the European Parliamentary Research Service, including its Annex 1 Study entitled ‘Exploring the alternatives to technologies involving high environmental and health risks related to the improper management of the waste from extractive industries: Challenges, risks and opportunities for the extractive industries arising in the context of the “circular economy” concept’ (8), |
— |
having regard to its resolution of 5 May 2010 on a general ban on the use of cyanide mining technologies in the European Union (9), |
— |
having regard to its resolution of 8 October 2015 on lessons learned from the red mud disaster, five years after the accident in Hungary (10), |
— |
having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled ‘Closing the loop — An EU action plan for the Circular Economy’ (COM(2015)0614), |
— |
having regard to the European Commission feasibility study on the concept of an EU-wide industrial disaster risk sharing facility (11), |
— |
having regard to Rule 52 of its Rules of Procedure, |
— |
having regard to the report of the Committee on the Environment, Public Health and Food Safety (A8-0071/2017), |
A. |
whereas in the aftermath of two major accidents involving the spill of hazardous extractive waste, the Directive on the management of waste from extractive industries was adopted with the aim of preventing and reducing as far as possible any adverse effects on the environment and any risks to human health resulting from the management of extractive waste; |
B. |
whereas the deadline for transposition of the Directive by the Member States expired on 1 May 2008, and almost all Member States were behind schedule with the transposition of the Directive into their national legislation; |
C. |
whereas the Commission has launched ‘non-conformity’ infringement procedures against 18 Member States for their failure to correctly and completely transpose the Directive; whereas, furthermore, four cases were still ongoing at the end of November 2016; |
D. |
whereas a full eleven years after the adoption of the Directive, the Commission has not yet adopted the guidelines on inspections as required by Article 22(1)(c) of the Directive; whereas the need for robust guidelines from the Commission is clearly underlined by the absence of a definition and details of how an inspection should be carried out, and the different interpretations by Member States of the Directive’s requirements; |
E. |
whereas ten Member States reported having no Category A facilities within their national boundaries; |
F. |
whereas the limitations of the current three-year reporting system, evidenced by the disparities between the information provided by Member States and the probable misinterpretation of some of the provisions of the Directive, have meant that the unsatisfactory quality of available data has not made it possible to outline and assess the implementation of the Directive in practice; |
G. |
whereas Commission Decision 2009/335/EC is without prejudice to Article 14 of the Directive, which requires that the financial guarantee be based on the assumption of rehabilitation being performed by a third party; |
H. |
whereas there is no database on extractive waste facilities at EU level; |
I. |
whereas waste originating from the quarrying and mining industries makes up a very large proportion of the total volume of waste produced in the European Union (approximately 30 % in 2012), part of which is hazardous waste; |
J. |
whereas the EU is highly dependent on the import of raw materials from third countries and a significant number of natural resources face rapid depletion; whereas the environmental and health legislation in those third countries is often less stringent than in the EU; |
K. |
whereas the Commission Communication entitled ‘Closing the loop — An EU action plan for the Circular Economy’ (COM(2015)0614) did not provide for any legislative review of the Directive; |
L. |
whereas the transition to a circular economy offers important intrinsic environmental benefits and is key to the EU’s long-term competitiveness; |
1. |
Regrets the fact that Member States (EU-27) (12) have experienced certain transposition problems in terms of timing or quality, or both, and that proper implementation of the Directive cannot be expected in practice for the time being in all Member States, given the existence of ongoing ‘non-conformity’ infringement procedures; |
2. |
Calls on the Member States concerned and the Commission to ensure the correct and complete transposition and implementation of the Directive as soon as possible; asks the Commission to provide sufficient guidance to the Member States in order to ensure this correct and complete transposition; |
3. |
Underlines the fact that the lack of guidelines on inspections, as foreseen by Article 22 (1)(c) of the Directive, not only hampers the effective and efficient implementation of the Directive in practice, but also results in differences in compliance and enforcement costs for operators and authorities from one Member State to another; |
4. |
Urges the Commission, therefore, to adopt concrete sector-specific guidelines, including a definition, on inspections in the extractive waste industries as soon as possible, and in any case not later than by the end of 2017; |
5. |
Calls on the Commission to ensure the possibility of unscheduled on-the-spot inspections by the relevant competent Member State authorities; |
6. |
Considers that the current reporting system under Article 18(1) is not fit for purpose and is ineffective in that it does not allow for the full picture regarding implementation to be outlined and assessed, while creating an unnecessary burden on Member States and the Commission services and thus also reducing efficiency; |
7. |
Highlights in this respect the deficient design of the data collection tool (the questionnaire (13)), which allows for ambiguous interpretations and thus leads to the reporting of measures adopted at national level rather than how they are put into practice, especially as regards reporting on extractive waste facilities; |
8. |
Underlines that some of the figures provided by Member States regarding the number of facilities on their territories identified as being subject to the Directive do not seem plausible, because in some cases they are relatively low when compared to data on the total generation of extractive waste at national level coming from other information sources; |
9. |
Calls for reform of the current reporting mechanism (including the questionnaire) as a matter of priority and in time for the upcoming deadlines for the third reporting period (2014-2017), so as to allow a proper assessment of the implementation of the Directive in practice based on the third reporting period and thereafter; further calls on the Commission to include in the reporting mechanism a demand that all the relevant environmental impact data be provided; |
10. |
Suggests that the questionnaire under Annex III of Commission Decision 2009/358/EC needs to be improved by obliging Member States to report exhaustive, up-to-date and reliable data on extractive waste facilities hosted on their territories; proposes that the chosen reform approach should allow for a European database of extractive waste facilities to be established and easily updated, as this would be instrumental in ensuring that the full picture regarding practical implementation of the Directive can be outlined, monitored and assessed at EU level; notes that other approaches could also be given consideration, such as the use of an exemplary completed national report under Article 18(1) of the Directive as a model to be followed, and that such improvements should no longer allow for different interpretations by Member States on the data to be provided; |
11. |
Regrets that the Commission has published only one implementation report covering both the first and second reporting periods (2008-2011 and 2011-2014), instead of one every three years as required pursuant to Article 18(1) of the Directive, thus leaving the public for many years without information on the (lack of) implementation of this Directive and hereby de facto delaying further action to ensure full implementation of this Directive which, it should be recalled, deals with an economic activity with significant environmental, health and social implications; calls on the Commission to strictly respect the three-year intervals for reporting; |
12. |
Acknowledges that the majority of Member States have adopted the measures required to implement the provisions set out in the Directive; calls attention to the fact, however, that differences between Member States’ interpretations show that further effort is needed to ensure that all Member States understand and apply the basic concepts of the directive in a similar way, thus ensuring a level playing field across the EU; |
13. |
Welcomes the Commission’s plans to issue general guidance on the implementation of the provisions set out in the Directive, which would allow for improvements in both compliance with and enforcement of the Directive, including the whole life cycle of a mining waste facility from permitting to rehabilitation and post-closure monitoring; draws attention to the large variations in interpretation and misunderstandings as regards the basic provisions of the Directive (for example, whether Member States host facilities covered by the Directive or not); |
14. |
Is especially concerned about the incompleteness of the process regarding the due classification and permitting of Category A facilities, which involve higher risks, and warns that external emergency plans are missing for around 25 % of the Category A facilities located on EU territory; calls, therefore, on the Member States to finalise the adequate classification of facilities on their territories and to adopt the missing external emergency plans no later than by the end of 2017; |
15. |
Is concerned that, based on the national reports submitted under Article 18(1) of the Directive, a significant number of EU Member States appear not to have correctly identified the facilities falling under the scope of the Directive, in particular as regards facilities that should be classified as falling under Category A; |
16. |
Highlights the importance of obtaining information on the condition of current tailings ponds; calls on the Member States to improve the safety of dams in order to protect human health and the environment, especially in Category A facilities; |
17. |
Stresses the importance of already involving the local communities concerned in the planning phase of extractive waste management projects using hazardous substances, and of guaranteeing transparency and the real involvement of citizens throughout the authorisation procedure and when updating a granted permit or permit conditions; reiterates the importance of the Espoo and Aarhus Conventions in this respect; calls on the Commission to provide a good practice database for the better involvement of local communities; |
18. |
Calls on the Commission to propose more effective measures to protect the environment and citizens’ health since some Member States have proven unable so far to prevent soil and water pollution by some operators; |
19. |
Takes note of the unnecessary administrative burden on authorities and operators as regards the management of inert waste and unpolluted soil, and calls on the Commission and Member States to avoid the duplication of authorisation processes, taking into account the sector’s characteristics and the health, safety and environment implications; |
20. |
Urges the Commission to investigate how Article 14 of the Directive and Commission Decision 2009/335/EC have been implemented in the Member States and whether the financial security instruments established are sufficient and fit for purpose; |
21. |
Draws attention to its abovementioned resolution of 5 May 2010 on a complete ban on cyanide mining in the EU, especially in light of the weak implementation status concerning the authorisation of Category A facilities, and reiterates its call on the Commission to propose a complete ban on the use of cyanide mining technologies in the European Union as soon as possible, especially in light of the availability of non-toxic alternatives such as cyclodextrin (14); requests that Member States immediately ensure the best possible management of cyanide tailings ponds; |
22. |
Urges businesses and the relevant competent authorities to consider available advanced technologies during the process of permitting extractive waste facilities, especially as regards the design of tailing dams, in compliance with the highest environmental standards; calls on the Member States to collect and analyse the data provided for the permit procedure, to compare these with the actual environmental impacts of an operating mining waste facility and, where necessary, to make any necessary corrections to the permit requirements; |
23. |
Calls on the Commission to ensure sufficient financing for research and innovation in the field of the management of mining waste facilities in order to improve the safety of those facilities; |
24. |
Calls on the Commission to use the opportunity of the ongoing Best Available Techniques Reference Document (BREF) review in the context of the ‘circular economy’ concept to give priority to higher environmental standards and resource efficiency when defining best practices to be included in the mining waste management plans; |
25. |
Calls on the Commission to encourage the recovery of critical raw materials also from mining waste, as defined in the EU Action Plan for the Circular Economy; |
26. |
Regrets the trend in mining to turn to lower-grade and deeper resources in Europe, which results in the extraction of more material in order to produce the target metal; requests that Member States utilise waste rock in the best possible way to replace virgin rock material where possible; is very concerned about the process efficiency of chemical processing, as a lower ore/host-rock ratio means that more tailings, and thus mining waste, will be produced per tonne of target metal; |
27. |
Emphasises that, in view of the EU’s transition towards a circular economy, reducing the use of resources and fostering reuse and recycling are key; calls on the Commission to consider setting targets to this end based on a life-cycle assessment; |
28. |
Emphasises that ‘comprehensive’ extraction could be made the leading principle, considering, however, technical and market constraints, as well as potential indirect costs, such as the CO2 footprint; suggests that waste from mining and milling be analysed and segregated for disposal in order to facilitate its later recovery; |
29. |
Calls on the Commission and the competent authorities in the Member States to further invest in research and development in alternative viable processes to supply the EU with raw and secondary raw materials and to prevent waste from mining activities; |
30. |
Emphasises that the historical heritage of abandoned mining waste facilities could, in the medium or short term, potentially pose a serious threat to human health or the environment; calls on the Commission to display full transparency in clarifying all the derogations from the Directive provided to Member States and the gaps that remain in relation to historical waste sites and their remediation; calls in this regard on the Commission, together with the Member States, to come up with an action plan on the full rehabilitation of these sites, taking into account examples of best practices and the possible advantages of the ‘circular economy’ concept if applied to the management of waste from extractive industries, and including arrangements to monitor the post-closure phases of these sites; |
31. |
Instructs its President to forward this resolution to the Council and the Commission. |
(1) OJ L 102, 11.4.2006, p. 15.
(2) OJ L 101, 21.4.2009, p. 25.
(3) OJ L 102, 22.4.2009, p. 7.
(4) OJ L 110, 1.5.2009, p. 48.
(5) OJ L 110, 1.5.2009, p. 39.
(6) OJ L 110, 1.5.2009, p. 46.
(7) OJ L 143, 30.4.2004, p. 56.
(8) PE number: 593.788.
(9) OJ C 81 E, 15.3.2011, p. 74.
(10) Texts adopted, P8_TA(2015)0349.
(11) Study to explore the feasibility of creating a fund to cover environmental liability and losses occurring from industrial accidents, Final Report, European Commission, DG ENV, 17 April 2013.
(12) Cf. footnote 3 to the explanatory statement in report A8-0071/2017.
(13) Annex III to Commission Decision 2009/358/EC.
(14) Liu et al. (2013) ‘Selective isolation of gold facilitated by second-sphere coordination with α-cyclodextrin’, Nature Communications.
23.8.2018 |
EN |
Official Journal of the European Union |
C 298/137 |
P8_TA(2017)0200
Situation in Venezuela
European Parliament resolution of 27 April 2017 on the situation in Venezuela (2017/2651(RSP))
(2018/C 298/18)
The European Parliament,
— |
having regard to its numerous previous resolutions on the situation in Venezuela, in particular those of 27 February 2014 on the situation in Venezuela (1), of 18 December 2014 on the persecution of the democratic opposition in Venezuela (2), of 12 March 2015 on the situation in Venezuela (3), and of 8 June 2016 on the situation in Venezuela (4), |
— |
having regard to the Universal Declaration of Human Rights of 1948, |
— |
having regard to the International Covenant on Civil and Political Rights, to which Venezuela is a party, |
— |
having regard to the Inter-American Democratic Charter, adopted on 11 September 2001, |
— |
having regard to the Constitution of Venezuela, and in particular Articles 72 and 233 thereof, |
— |
having regard to the letter of 16 May 2016 from Human Rights Watch to the Secretary-General of the Organisation of American States, Luis Almagro Lemes, about Venezuela (5), |
— |
having regard to the statement of 31 March 2017 by the UN High Commissioner for Human Rights, Zeid Ra’ad Al Hussein, on the Venezuelan Supreme Court’s decision to take over the legislative powers of the National Assembly, |
— |
having regard to the warnings outlined in the OAS’ reports of 30 May 2016 and 14 March 2017 on Venezuela and its Secretary-General’s call for the urgent convocation of the Permanent Council, under Article 20 of the Democratic Charter, to discuss Venezuela’s political crisis, |
— |
having regard to the letter of 27 March 2017 from the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy (VP/HR), Federica Mogherini, on the worsening and severe political, economic and humanitarian crises in Venezuela, |
— |
having regard to the OAS declaration signed by 14 of its member states on 13 March 2017 demanding that Venezuela promptly schedule elections, release political prisoners and recognise its constitution’s separation of powers, among other measures, |
— |
having regard to the OAS Permanent Council’s resolution of 3 April 2017 on the recent events in Venezuela, |
— |
having regard to Rule 123(2) and (4) of its Rules of Procedure, |
A. |
whereas on 27 March 2017 the Venezuelan Supreme Court issued a decision declaring all legislation passed by the National Assembly unconstitutional; whereas on 29 March 2017 the Venezuelan Supreme Court issued a decision declaring the National Assembly to be in contempt, nullifying all legislative action and providing for the Supreme Court to assume the legislative function; |
B. |
whereas the decisions issued by the Venezuelan Supreme Court violate both the separation of powers guaranteed by the constitution and the obligation on all judges to respect and ensure the integrity of the Venezuelan constitution (Article 334); |
C. |
whereas the decisions were issued without any constitutional basis — either the powers granted to the National Assembly (Article 187 of the Constitution) or those enjoyed by the Constitutional Chamber of the Supreme Court (Article 336 of the constitution); |
D. |
whereas the State Attorney General, Luisa Ortega Díaz, appointed by the Venezuelan Government, condemned the decision issued by the Supreme Court, considering it a breach of constitutional order; whereas, as a result of international reactions and numerous pleas, President Nicolás Maduro asked the Supreme Court to review the ruling fully disempowering the National Assembly, and whereas on 1 April 2017 the Supreme Court issued new rulings revoking the previous one; |
E. |
whereas the Supreme Court has previously declared the National Assembly in contempt and nullified its actions on 1 August 2016 and on 5 September 2016, through Ruling No 808; |
F. |
whereas Venezuela’s opposition coalition, the Mesa de la Unidad Democrática, won 112 seats in the 167-member unicameral National Assembly, a two-thirds majority, compared with 55 seats for the PSUV; whereas the Supreme Court blocked four National Assembly representatives (three of whom opposition members) from taking office, thereby depriving the opposition of its two-thirds majority; |
G. |
whereas the latest arbitrary arrests have raised the number of political prisoners to more than a hundred, including major political leaders such as Leopoldo López, Antonio Ledezma, Daniel Ceballos and Yon Goicoechea; |
H. |
whereas Venezuelan opposition leader and twice presidential candidate Henrique Capriles has been banned from holding political office for 15 years; whereas this decision was based on alleged accusations of ‘administrative irregularities’ in his role as Governor of Miranda State; |
I. |
whereas the Venezuelan security forces, including the national guard and the national police, as well as irregular armed groups, have from the beginning of the protests repeatedly used brutal force against peaceful protesters, including Members of Congress, opposing the decision nullifying the National Assembly’s competences, and whereas this has resulted in more than 20 deaths, while a large number of people have been wounded and there have been many arrests; |
J. |
whereas on 3 April 2017, 17 out of 21 countries on the Permanent Council of the OAS stated their grave concern regarding the unconstitutional alteration of the democratic order in Venezuela; whereas some countries in the region have recently expressed their will to facilitate a mediation process in Venezuela, thereby creating the possibility of a breakthrough; |
K. |
whereas the government suspended the local and regional elections scheduled for December 2016, and has prevented a recall referendum from taking place — a constitutional provision that allows 20 % of the electorate to request the removal of an unpopular President — despite all the constitutional requirements having been fulfilled; |
1. |
Condemns the continued unconstitutional violation of the democratic order in Venezuela, after the ruling issued by the Venezuelan Supreme Court with the aim of taking over the legislative powers of the National Assembly, and the lack of separation of powers and independence of the branches of government; |
2. |
Strongly rejects the decisions of the Supreme Court of Venezuela to suspend the powers of the National Assembly and considers it a fundamentally undemocratic action that is in direct violation of the Venezuelan constitution; considers it essential, notwithstanding the recent revision of some elements of these decisions, that the Government of Venezuela ensure the full restoration of the democratic order; |
3. |
Expresses grave concern at the seriously deteriorating situation as regards democracy, human rights and the socio-economic situation in Venezuela, in a growing climate of political and social instability; |
4. |
Calls on the Government and the Supreme Court of Venezuela to respect the constitution, in particular the powers conferred on all duly elected members of the parliament; |
5. |
Calls on the Venezuelan Government to safeguard the separation and independence of branches and to restore full constitutional authority to the National Assembly; recalls that separation and non-interference between branches is an essential principle of democratic states guided by the rule of law; |
6. |
Calls on the Venezuelan Government to ensure the immediate and unconditional release of all political prisoners; recalls that the freeing of political prisoners was approved by the National Assembly through the Law of National Reconciliation, vetoed by decision of the executive power; stresses that there can be no durable peaceful solution for Venezuela in the long term if there are political prisoners; |
7. |
Calls on the Government of Venezuela to comply with the constitution and to present as soon as possible an electoral calendar that will allow free and transparent electoral processes to take place, as the only way to bring the current political impasse to an end; strongly condemns the Venezuelan national contraloría’s decision to ban the opposition leader Henrique Capriles from holding political office for 15 years; calls on the Venezuelan Government to put an end to the practice of sidelining opposition leaders by depriving them of their political rights; |
8. |
Welcomes the resolution adopted by the Permanent Council of the OAS on 3 April 2017 and calls on the VP/HR to support it and the will expressed by many countries in the region to facilitate a mediation process to reach a national agreement; calls on the VP/HR, furthermore, to actively explore with international and regional organisations other measures that would enable the EU to restore full democracy to Venezuela; |
9. |
Strongly condemns the brutal repression exercised by the Venezuelan security forces, as well as irregular armed groups, against the peaceful protests, as a result of which more than 20 people have died, a large number have been wounded and there have been many arrests; calls on the Venezuelan Government to investigate all deaths and to respect and guarantee the constitutional right to freedom of peaceful assembly; calls on the Venezuelan authorities to guarantee security and free exercise of rights for all citizens, in particular human rights defenders, journalists, political activists and members of independent non-governmental organisations who are at greater risk of attacks and arbitrary detention; |
10. |
Calls on the Venezuelan authorities to allow humanitarian aid into the country as a matter of urgency and to grant access to the international organisations that wish to assist the worst affected sectors of society; calls on the international community, and in particular on neighbouring and EU countries, to take into consideration the humanitarian crisis that may arise as a result of the large numbers of Venezuelans leaving their country; |
11. |
Reiterates its urgent request for a European Parliament delegation to be sent to Venezuela and for a dialogue to be held with all sectors involved in the conflict as soon as possible; |
12. |
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 Government and National Assembly of the Bolivarian Republic of Venezuela, the Euro-Latin American Parliamentary Assembly and the Secretary-General of the Organisation of American States. |
(1) Texts adopted, P7_TA(2014)0176.
(2) OJ C 294, 12.8.2016, p. 21.
(3) OJ C 316, 30.8.2016, p. 190.
(4) Texts adopted, P8_TA(2016)0269.
(5) https://www.hrw.org/news/2016/05/16/letter-human-rights-watch-secretary-general-almagro-about-venezuela
RECOMMENDATIONS
European Parliament
Tuesday 4 April 2017
23.8.2018 |
EN |
Official Journal of the European Union |
C 298/140 |
P8_TA(2017)0100
Inquiry into emission measurements in the automotive sector
European Parliament recommendation of 4 April 2017 to the Council and the Commission following the inquiry into emission measurements in the automotive sector (2016/2908(RSP))
(2018/C 298/19)
The European Parliament,
— |
having regard to Article 226 of the Treaty on the Functioning of the European Union (TFEU), |
— |
having regard to Decision 95/167/EC, Euratom, ECSC of the European Parliament, the Council and the Commission of 19 April 1995 on the detailed provisions governing the exercise of the European Parliament’s right of inquiry (1), |
— |
having regard to its Decision (EU) 2016/34 of 17 December 2015 on setting up a Committee of Inquiry into emission measurements in the automotive sector, its powers, numerical strength and term of office (2), |
— |
having regard to Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (3), |
— |
having regard to Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (4), |
— |
having regard to Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe (5), |
— |
having regard to its resolution of 27 October 2015 on emission measurements in the automotive sector (6), |
— |
having regard to its resolution of 13 September 2016 on the inquiry into emission measurements in the automotive sector (7) (based on interim report A8-0246/2016), |
— |
having regard to the final report of the Committee of Inquiry into Emission Measurements in the Automotive Sector (A8-0049/2017), |
— |
having regard to the draft recommendation of the Committee of Inquiry into Emission Measurements in the Automotive Sector, |
— |
having regard to Rule 198(12) of its Rules of Procedure, |
A. |
whereas Article 226 TFEU provides a legal basis for the establishment by the European Parliament of a temporary Committee of Inquiry to investigate alleged contraventions or maladministration in the implementation of Union law, without prejudice to the jurisdiction of national or Union courts, and whereas this constitutes an important element of the Parliament’s supervisory powers; |
B. |
whereas, on the basis of a proposal by the Conference of Presidents, Parliament decided on 17 December 2015 to set up a Committee of Inquiry to investigate the alleged failures in the application of Union law in relation to emission measurements in the automotive sector, and that the Committee would make any recommendations it deemed necessary on that matter; |
C. |
whereas the Committee of Inquiry started its work on 2 March 2016 and adopted its final report on 28 February 2017, setting out the methodology and the conclusions of its investigation; |
D. |
whereas the market share of diesel-powered passenger cars has grown in the European Union over recent decades to a level where these vehicles now represent more than half of new cars sold in almost every Member State; whereas this sustained growth in market share of diesel vehicles has also come about as a result of the EU climate policy, as diesel technology has an advantage over petrol engines when it comes to CO2 emissions; whereas, at the combustion stage, diesel engines, in comparison with petrol engines, produce far more pollutants, other than CO2, which are significantly and directly harmful to public health, such as NOx, SOx and particulate matter; whereas mitigation technologies for these pollutants exist and are deployed in the market; |
E. |
whereas current technology exists to meet the Euro 6 NOx standards for diesel vehicles, including with regard to real driving conditions and without having a negative impact on CO2 emissions; |
F. |
whereas best practices from the USA, with stricter emissions standards which apply for gasoline and diesel vehicles alike, and stricter enforcement policies, offer a standard to which the EU should aspire; |
G. |
whereas the protection of public health and the environment should be a shared societal concern and responsibility, in which all stakeholders, including the automobile sector, have an important role to play; |
1. |
Instructs its President to take the necessary measures to make public the final report of the Committee of Inquiry, in accordance with Rule 198(11) of its Rules of Procedure and Article 4(2) of Decision 95/167/EC, Euratom, ECSC; |
2. |
Calls on the Council and the Commission to ensure that the conclusions of, and the recommendations arising from, the inquiry are acted upon in practice, in accordance with Decision 95/167/EC, Euratom, ECSC; |
3. |
Calls on the Commission to submit to Parliament within 18 months of the adoption of this recommendation, and regularly thereafter, a comprehensive report on the action taken by the Commission and the Member States on the conclusions and recommendations of the Committee of Inquiry; |
4. |
Invites its President to instruct the Committee on the Environment, Public Health and Food Safety, the Committee on Industry, Research and Energy, the Committee on the Internal Market and Consumer Protection, and the Committee on Transport and Tourism to monitor the action taken on the conclusions and recommendations of the Committee of Inquiry, in accordance with Rule 198(13) of its Rules of Procedure; |
5. |
Invites its President to instruct the Committee on Constitutional Affairs to act upon the recommendations of the Committee of Inquiry as regards the limitations of Parliament’s right of inquiry; |
Laboratory tests and real-world emissions
6. |
Calls on the Commission to change its internal structure in such a way that, under the principle of collective responsibility, the portfolio of one single Commissioner (and Directorate-General) includes at the same time the responsibility for air quality legislation and for policies addressing the sources of pollutant emissions; calls for an increase in the human and technical resources dedicated to vehicles, vehicle systems and emission control technologies in the Commission, and for the Joint Research Centre (JRC) to further improve in-house technical expertise; |
7. |
Calls on the Commission, to this end, to change its internal structure and amend its division of responsibilities so that all the legislative responsibilities currently held by the Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs (DG GROW) in the area of vehicle emissions are transferred to the responsibility of the Directorate-General for Environment (DG ENV); |
8. |
Calls on the Commission to ensure that there are adequate human resources and technical expertise and the appropriate level of autonomy in the JRC, including measures to keep relevant experience with vehicle and emissions technology and vehicle testing in the organisation; notes that the JRC may have additional verification responsibilities for requirements in the context of the proposal for a new market surveillance and type approval regulation; |
9. |
Calls for all JRC test results to be made available in full and in a non-anonymised format to the public through a database; calls, furthermore, for the JRC Vehicle Emissions Laboratory (VELA) to report to a supervisory board which includes representatives of the Member States and organisations for environmental and health protection; |
10. |
Calls on the co-legislators, in the context of the ongoing revision of Regulation (EC) No 715/2007, to ensure that the measures under Articles 5(3) and 14, which are designed to supplement or amend certain non-essential elements of the legislative act, are adopted by delegated acts, in order to ensure appropriate scrutiny by Parliament and the Council, while at the same time reducing the possibility of undue delays in the adoption of those measures; strongly opposes the choice whereby those measures are adopted by implementing acts; |
11. |
Calls for the swift adoption of the 3rd and 4th real driving emissions (RDE) packages to complete the regulatory framework for the new type-approval procedure, and for the swift application of this framework; recalls that, in order for RDE tests to be effective in reducing the discrepancies between the emissions measured in the laboratory and on the road, the specifications of the test and evaluation procedures should be set out very carefully and should cover a wide range of driving conditions, including temperature, engine load, vehicle speed, altitude, type of road and other parameters that can be found when driving in the Union; |
12. |
Takes note of the action for annulment against the 2nd RDE package initiated by several EU cities on the grounds that by introducing new increased thresholds for NOx emissions, the Commission Regulation alters an essential element of a basic act, thereby infringing an essential procedural requirement, as well as the provisions of the Air Quality Directive 2008/50/EC as regards the limitation of the maximum nitrogen emission levels for diesel vehicles; |
13. |
Urges the Commission to review in 2017 the conformity factor for RDE tests of NOx emissions, as provided for by the 2nd RDE package; calls on the Commission to further revise the conformity factor annually, in line with technological developments, so as to bring it down to 1 by 2021 at the latest; |
14. |
Calls on the Commission to review the applicable Union law in order to ascertain whether the placing on the market of other vehicle systems, or of other products, could be dependent on inadequate test procedures, as in the case of vehicle emissions, or in other areas where market surveillance efforts are similarly lacking, and to come forward with appropriate legislative proposals to ensure the enforcement of internal market standards; |
15. |
Calls on the Commission to come forward with proposals to introduce environmental inspections at EU level to monitor compliance with environmental product standards, emission limits relating to operating permits and EU environmental law in general; |
16. |
Calls on the Commission to continue its work on improving PEMS performance in order to improve their accuracy and reduce their error margin; considers that for particulate matter PEMS technology should be able to account for particles whose size is smaller than 23 nanometres and that are the most dangerous to public health; |
17. |
Considers that the horizontal rules on the creation and operation of Commission expert groups adopted by the Commission on 30 May 2016 are an improvement over the older rules, for example as regards the requirement for meaningful and complete minutes of meetings; calls on the Commission to review those rules in order to strengthen the provisions on the balanced composition of expert groups; calls on the Commission to enforce the (updated) horizontal rules strictly and immediately, and to prepare a report to Parliament and the Council evaluating their implementation; |
18. |
Calls for lists of participants and minutes of the meetings of comitology committees such as the Technical Committee on Motor Vehicles (TCMV) and Commission expert groups such as the Motor Vehicles Working Group or the Real Driving Emissions — Light-Duty Vehicles (RDE-LDV) group to be made available to the public; |
19. |
Urges the Member States to ensure more transparency in access to documents of the TCMV meetings for their national parliaments; |
20. |
Calls on the Commission to substantially alter the existing policies of archiving and storing information, and to ensure that notes, inter-services communications, drafts and unofficial exchanges within the Commission, the Member States, the Council and their representatives will be archived by default; deplores the gaps in public records that have resulted from a far too narrow scope of documents primed for archiving, which requires active intervention in order for documents to be archived; |
Defeat devices
21. |
Considers that although the RDE procedure will minimise the risk of defeat device use, it will not completely prevent potential recourse to illegal practices; recommends therefore that, in line with the approach of the US authorities, a degree of unpredictability is built into the type-approval and in-service conformity testing in order to prevent any outstanding loopholes from being exploited and to ensure compliance throughout the lifecycle of a vehicle; welcomes, in this respect, the Testing Protocol for Defeat Devices included in the ‘Guidance on the evaluation of auxiliary emission strategies and the presence of defeat devices’ adopted by the Commission on 26 January 2017 and applicable to vehicles already on the market; expects the Member States’ national authorities to swiftly apply this protocol in their market surveillance activities and to conduct the recommended testing of vehicles under non-predictable variations of the standard testing conditions, such as ambient temperature, speed pattern, vehicle load and test duration, which may include ‘surprise testing’; |
22. |
Notes with concern that the official testing of CO2 emissions and fuel consumption of vehicles will still be limited to a laboratory test procedure (WLTP), which means that the illegal use of defeat devices continues to be possible and may remain undetected; urges the Commission and the Member States to establish remote fleet monitoring schemes — making use of roadside remote sensing equipment and/or on-board sensors — to screen the environmental performance of the in-service fleet and to detect possible illegal practices that might lead to continued discrepancies between the performance on paper and in the real world; |
23. |
Calls on the Commission to further analyse the reasons why the stricter defeat device provisions present in the legislation on heavy-duty vehicles were not included in the legislation on light-duty vehicles; |
24. |
Calls on the Commission to conduct an internal review to verify the claim that the JRC’s research findings and concerns discussed among the Commission’s services with regard to possible illegal practices by manufacturers never reached the higher levels of the hierarchy; calls on the Commission to report its conclusions to Parliament; |
25. |
Believes that a clear reporting mechanism within the Commission should be put in place to ensure that when non-compliances are identified by the JRC, they are reported to all relevant levels within the hierarchy of the Commission; |
26. |
Calls on the Commission to mandate the JRC to further investigate, together with the national authorities and independent research institutes, the suspicious emissions behaviour of several cars observed in August 2016; |
27. |
Calls on the Member States to require car manufacturers, in the context of the recently introduced obligation for car manufacturers to disclose their base and auxiliary emission strategies, to explain any irrational emissions behaviour of vehicles observed in testing and to demonstrate the need to apply the exemptions set out in Article 5(2) of Regulation (EC) No 715/2007; calls on the Member States to share the results of their investigations and the technical test data with the Commission and Parliament; |
28. |
Calls on the Commission to strictly monitor the enforcement by Member States of the exemptions to the use of defeat devices; welcomes, in this respect, the methodology for the technical evaluation of auxiliary emission strategies included in the Commission Guidance of 26 January 2017; calls on the Commission to launch infringements procedures as appropriate; |
Type-approval and in-service conformity
29. |
Calls, in the interests of consumer and environmental protection, for the swift adoption of the proposal for a Regulation on the approval and market surveillance of motor vehicles and their trailers (2016/0014(COD)) (8), replacing the current framework directive on type approval, and for its entry into force no later than 2020; considers the preservation of the level of ambition of the original Commission proposal, in particular as regards the introduction of EU oversight of the system, to be the bare minimum required to improve the EU system; considers, furthermore, that a more comprehensive and coordinated system of type approval and market surveillance, involving EU oversight, joint audits and cooperation with and between national authorities, should be the objective to be achieved during the interinstitutional negotiations on the dossier; |
30. |
Considers that only stronger oversight at EU level can ensure that the EU legislation on vehicles is properly enforced and market surveillance activities in the EU are carried out in an efficient and effective manner; calls on the Commission to ensure the full and homogeneous implementation of the new type-approval and market surveillance framework, and to coordinate the work of national type-approval and market surveillance authorities and arbitrate in the event of disagreements; |
31. |
Calls for a drastic strengthening of market surveillance, on the basis of clearly defined rules and a clearer distribution of responsibilities in the new EU type-approval framework, in order to set up an improved, effective and functional system; |
32. |
Believes that EU oversight within the new framework for EU type approval should entail retesting, on an adequate scale, vehicles, systems, components and separate technical units already made available on the market in order to verify that they conform to the type approvals and to applicable legislation, using a wide range of tests on the basis of statistically relevant samples, and initiating corrective measures, including vehicle recalls, type-approval withdrawals and administrative fines; considers the JRC’s expertise instrumental in this task; |
33. |
Calls on the Commission and the Member States to assess the US practice of random off-production-line and in-service testing and to draw the necessary conclusions with regard to improving their market surveillance activities; |
34. |
Suggests that in the case of passenger vehicles, random market surveillance tests, including with unspecified test protocols, should be performed on at least 20o% of the new models put on the Union market each year as well as on a representative quantity of older models to verify whether the vehicles comply with the Union safety and environmental legislation on the road; believes that in choosing the vehicles to be tested at Union level, substantiated complaints should be followed up and third-party testing, remote sensing data, reports from periodic technical inspections and other information should be taken into account; |
35. |
Points out the need for systematic enforcement of conformity of production and in-use conformity of vehicles by the national authorities responsible, further coordinated and supervised at EU level; believes that the conformity of production and in-use conformity testing should be carried out by a technical service different from the one responsible for the type approval of the car in question and that in-house technical services should be excluded from performing the emissions test for type-approval purposes; urges the Member States to clarify once and for all which authority is in charge of market surveillance in their territory, to ensure this authority is aware of its responsibilities and to notify the Commission accordingly; believes that much closer cooperation and information-sharing between Member States’ market surveillance authorities and the Commission, including on national market surveillance plans, will enhance the overall quality of market surveillance in the EU and enable the Commission to identify weaknesses in national market surveillance systems; |
36. |
Believes that greater coordination and discussion between type-approval authorities and the Commission, in the form of a forum chaired by the Commission, will contribute to the promotion of good practices aimed at ensuring effective and harmonised implementation of the type-approval and market surveillance regulation; |
37. |
Believes that the possibility of an independent full review of type-approval results, including data from coast down tests, will improve the effectiveness of the framework, and that the relevant data should be accessible to relevant parties; |
38. |
Calls for proper and independent financing of type approval, market surveillance and activities of technical services, for instance through the establishment of a fee structure, through Member States’ national budgets, or through a combination of both methods; believes that type-approval authorities should be made responsible for checking the commercial and economic relations existing between car manufacturers and suppliers on the one hand and technical services on the other hand in order to prevent conflicts of interest; |
39. |
Draws attention to the US type-approval system — whereby fees collected from manufacturers to cover the cost of certification and compliance programmes are sent to the US Treasury, and the US Congress in turn allocates funds to the Environmental Protection Agency (EPA) to implement its programmes — as a paradigm that may be useful for improving the independence of the EU system; |
40. |
Calls for the swift adoption, implementation and application of the 4th RDE package, regulating the use of PEMS for in-service conformity checks and for third-party testing; calls on the Commission to introduce a mandate for the JRC to conduct emission tests with PEMS as part of the in-service conformity checks at European level in the context of the new type-approval framework; |
41. |
Calls on the co-legislators to establish, in the upcoming regulation on the approval and market surveillance of motor vehicles, an EU-wide remote sensing network to monitor the real world emissions of the car fleet and to identify excessively polluting vehicles in order to target in-service conformity checks and to trace cars that might be illegally modified with hardware (e.g. exhaust gas recirculation (EGR) switch-off plates, diesel particulate filter (DPF) or selective catalytic reduction (SCR) removal) or software (illegal chip tuning) modifications; |
42. |
Calls on the Commission to make use of its delegated powers set out in Article 17 of Directive 2014/45/EU on periodic roadworthiness tests for motor vehicles and their trailers so as to update the test methods for the periodic technical inspection of cars in order to measure the NOx emissions of cars; |
43. |
Believes that type-approval authorities, market surveillance authorities and technical services should carry out their duties; considers that they should therefore improve their level of competence significantly and continuously, and to that end calls for the establishment of regular, independent audits of their capabilities; |
44. |
Calls on the Commission to look into the possibility of making it mandatory for manufacturers to notify the Commission of their choice of technical service, so as to ensure that the Commission is fully aware of the situation; |
45. |
Calls on the Member States to require car manufacturers to disclose and justify their emissions strategies to type-approval authorities, such as is the case for heavy-duty vehicles; |
46. |
Calls on the Member States to analyse whether ‘standard’ solutions proposed by the manufacturer for repairing the vehicles equipped with fraudulent systems actually comply with the emissions regulations, and calls for random checks to be carried out on new vehicles which have been repaired; |
Enforcement and penalties
47. |
Calls for stricter and more effective enforcement of vehicle emission rules in the EU; proposes that the governance structure on car emissions be reformed without delay and brought into line with the other transport sectors; |
48. |
Recalls that emission measurement rules are set to achieve better air quality, which has not previously been achieved owing in part to weak law enforcement and in part to manipulation by certain car manufacturers; considers that the relevant authorities should take into consideration car emissions and data on air quality development to assess whether the intended goal has been reached; |
49. |
Suggests establishing a standing international cooperation framework on emissions with a view to allowing authorities to exchange information and conduct joint surveillance actions; such actions are already in place for other products within the EU; |
50. |
Urges the Commission to launch infringement procedures against Member States that have not put in place effective market surveillance and a national system of penalties for infringements of EU law as required by the existing legislation; |
51. |
Suggests that the Commission should be empowered to impose on vehicle manufacturers effective, proportionate and dissuasive administrative fines and to order remedial and corrective actions where non-compliance of their vehicles is established; considers that the possible sanctions should include type-approval withdrawal and the establishment of EU-wide recall programmes; |
52. |
Believes that the resources levied by these fines imposed on vehicle manufacturers, the resources deriving from infringement procedures launched on Member States for failing to respect the EU legislation on emissions, and the excess emissions premiums for new passenger cars (budget line 711) should be used as assigned revenue for specific EU projects or programmes in the field of air quality and environmental protection, and should not decrease the Member States’ gross national income contributions to the EU budget; calls for the necessary provisions to be included in the relevant Union legislation to this effect; suggests that the resources from the fines could also be used in part by the Member States for purposes of redress to persons negatively affected by the infringement, and other such activities to the benefit of consumers; |
53. |
Calls on the Member States to ensure that the provisions on penalties applicable for infringement by manufacturers of the provisions of Regulation (EC) No 715/2007 are effective, proportionate and dissuasive, and are communicated swiftly to the Commission; |
54. |
Calls on the Member States to apply more vigorous measures in the wake of the emissions cheating scandal; calls on the Member States and their type-approval authorities to examine the information on base and auxiliary emission control strategies — to be disclosed by the car manufacturers — for type-approved Euro 5 and Euro 6 cars displaying irrational emissions behaviour during testing programmes, and to check their conformity with the Commission’s interpretation guidelines on the defeat device provisions; calls on the Member States to apply the available sanctions in the event of non-conformity, including mandatory recall programmes and the withdrawal of type approvals; calls on the Commission to ensure a coordinated approach on recall programmes across the EU; |
55. |
Calls on the Member States and the Commission to clarify to the vehicle owners affected whether or not the vehicles involved have to be repaired, and the legal consequences ensuing from the repairs as regards compliance with emissions legislation, obligations concerning the technical inspection of vehicles, taxation, and the consequences of a potential reclassification of the vehicle, etc.; |
56. |
Notes that it is difficult to gather information on penalties in the Member States owing to the lack of statistics at national level; calls on the Commission and the Member States to gather regular statistics on this; |
57. |
Calls on the Member States and the Commission to reinforce European implementation mechanisms such as the European Union Network for the Implementation and Enforcement of Environmental Law (IMPEL); |
Consumer rights
58. |
Considers that EU consumers affected by the dieselgate scandal should be adequately and financially compensated by the car manufacturers involved, and that the recall programmes, which have been only partially implemented, should not be viewed as a sufficient form of reparation; |
59. |
Calls on the Commission, to this end, to put forward a legislative proposal for the establishment of a collective redress system in order to create a harmonised system for EU consumers, thus eliminating the current situation in which consumers lack protection in most Member States; calls on the Commission to assess existing systems within and outside the EU with a view to identifying best practices in this field and to include them in its legislative proposal; |
60. |
Considers that if a vehicle type approval is withdrawn on account of non-compliance, the owner of an affected vehicle should be fully compensated for the purchase of this vehicle; |
61. |
Considers that consumers should be entitled to adequate compensation where it is shown that the original performance of the vehicle (e.g. in terms of fuel consumption performance, efficiency, durability of components, emissions, etc.) is negatively impacted by any necessary technical repairs or modulations implemented under a manufacturer vehicle recall programme; |
62. |
Calls on the Member States to ensure that consumers are provided with detailed and comprehensible information on the modifications made during recall programmes and maintenance checks in order to improve transparency for consumers and trust in the car market; |
63. |
Deplores the fact that European consumers are treated worse than US consumers; notes, in addition, that affected consumers often receive vague and incomplete information about the vehicles involved, the obligations to repair the vehicle and the consequences of doing so; |
64. |
Deplores the fact that the EU does not have a uniform, harmonised system under which joint actions may be taken by consumers to enforce their rights, and acknowledges that today in many Member States no option exists for consumers to take part in such actions; |
65. |
Stresses that after recalls vehicles must conform to the legal requirements set out in EU legislation; also points out that other forms of reparation besides recall programmes should be considered; to this end, calls on the Commission to assess the EU rules in force on consumer protection and make proposals as appropriate; |
66. |
Emphasises the importance of providing consumers with realistic, accurate and robust information on their cars’ fuel consumption and air pollutant emissions in order to raise consumers’ awareness and to support them in making an informed car purchase decision; calls for a revision of the Car Labelling Directive (1999/94/EC), which should include consideration for making information on other air pollutant emissions such as NOx and particulate matter mandatory in addition to information on fuel use and CO2; |
67. |
Asks the Commission and the Member States to take all necessary measures to ensure that consumers are compensated fairly and adequately, preferably through mechanisms of collective redress; |
Clean vehicles
68. |
Calls on the Commission and the competent authorities in the Member States to fully engage in and implement a low-emission mobility strategy; |
69. |
Calls on the Commission and the Member States to assess the effectiveness of current Low Emission Zones in cities, taking into account the failure of Euro standards for light-duty vehicles to reflect real world emissions, and to examine the benefit of introducing a label or standard for Ultra-Low-Emission Vehicles (ULEVs) that meet the emission limit values in real driving conditions; |
70. |
Calls on the Commission and the co-legislators to follow a more integrated approach in their policies to improve the environmental performance of cars, in order to ensure progress on both the decarbonisation and air quality objectives, such as by fostering the electrification or transition to alternative motorisations of the car fleet; |
71. |
Calls on the Commission, to that end, to review the Clean Power for Transport Directive (2014/94/EU) and to come forward with a draft regulation on CO2 standards for the car fleets coming onto the market from 2025 onwards, with the inclusion of Zero-Emission Vehicles (ZEV) and ULEV mandates that impose a stepwise increasing share of zero- and ultra-low-emission vehicles in the total fleet with the aim of phasing out new CO2-emitting cars by 2035; |
72. |
Calls on the Commission and the Member States to foster green public procurement policies through the purchasing of ZEVs and ULEVs by public authorities for their own fleets or for (semi-)public car-sharing programmes; |
73. |
Calls on the Commission to review the emissions limits set out in Annex I to Regulation (EC) No 715/2007 with a view to improving air quality in the Union and to achieving the Union ambient air quality limits as well as the WHO recommended levels, and to come forward by 2025 at the latest with proposals, as appropriate, for new technology-neutral Euro 7 emission limits applicable for all M1 and N1 vehicles placed on the Union market; |
74. |
Asks the Commission to consider the review of the Environmental Liability Directive (2004/35/EC) to include environmental damage caused by air pollution owing to car manufacturers violating the EU’s car emissions legislation; believes that if car manufacturers could be held financially liable for remedying the environmental damage they cause, an increased level of prevention and precaution might be expected; |
75. |
Calls on the Commission to work with the Member States to ensure that no ordinary worker from the automotive sector suffers as a result of the emissions scandal; to this end, Member States and car manufacturers should coordinate and promote vocational training plans to ensure that ordinary workers whose employment situation has been negatively affected by the emissions scandal be given all necessary protection and training opportunities to ensure that their skill set can be used, for example for sustainable modes of transport; |
Powers and limitations of the committee of inquiry
76. |
Urges the Council and the Commission to engage in the timely conclusion of the negotiations on Parliament’s proposal for a Regulation of the European Parliament on the detailed provisions governing the exercise of Parliament’s right of inquiry and repealing Decision 95/167/EC, Euratom, ECSC; |
77. |
Considers it vital for exercise of democratic control over the executive that Parliament be empowered with powers of inquiry that match those of national parliaments of the EU; believes that in order to exercise this role of democratic oversight Parliament must have the power to summon and compel witnesses to appear and to compel the production of documents; believes that in order for these rights to be exercised the Member States must agree to implement sanctions against individuals for failure to appear or produce documents in line with national law governing national parliamentary inquiries; reiterates Parliament’s support for the position outlined in the 2012 report on this issue; |
78. |
Considers that the powers of Parliament’s committees of inquiry should be better aligned with those of the national parliaments, in particular to ensure the effective summoning and participation of individuals and the application of sanctions in the event of refusal to cooperate; calls on the Commission and the Member States to support the related provisions in Parliament’s current proposal; |
79. |
Calls on the Commission to revise as a matter of urgency the Code of Conduct for Commissioners so as to include provisions on the accountability of former Commissioners within the scope of an investigation by a committee of inquiry into policy-making and legislation that took place during their term in office; |
80. |
Asks the Commission to use the time frame between the plenary decision to set up a committee of inquiry and the actual start of its work to prepare an initial set of documents which relate to the mandate of the committee of inquiry so that the delivery of information can be quicker, thus facilitating the work of the committee of inquiry from the start; considers with this in mind that the rules on archiving and transmitting documents in the Commission should be reviewed and improved in order to facilitate future queries; |
81. |
Suggests that a single contact point for relations with Parliament’s committees of inquiry be set up in the Commission, in particular when several Directorates-General are concerned, with a view to facilitating the flow of information on the one hand and building on the good practices achieved so far on the other; |
82. |
Notes that in several recent committees of inquiry and special committees, the Commission and the Council have in some cases failed to provide the documents requested and in other cases provided the requested documents only after long delays; considers that there must be an accountability mechanism introduced in order to ensure the immediate and guaranteed transfer of documents to Parliament that the committee of inquiry or special committee requests and is entitled to access; |
83. |
Calls on the Commission to improve its capacities to handle document requests from committees of inquiry as well as from journalists and citizens under respective applicable document access rules, in a timely manner and with an acceptable level of quality; urges the Commission to release these documents in their native format and refrain from time-consuming and potentially content-altering format changes and format conversions; further instructs the Commission to make sure that information that is stored in a machine-readable format, e.g. a database, is also released in a machine-readable format; |
84. |
Notes that it is the responsibility of the committee of inquiry to make any determinations as to whether information within the scope of a request is relevant for the work of the committee; notes that this task should not be pre-empted by the recipient of such a document request; instructs the Commission to properly reflect this responsibility in its guidelines on access to documents requests; |
85. |
Urges the Member States to respect their legal obligations towards committees of inquiry as laid down in Decision 95/167/EC, Euratom, ECSC, and specifically Article 3 thereof; also calls on them, given the significant delays in response rates encountered, to assist committees of inquiry in a manner respectful of the principle of sincere cooperation as laid down in Article 4(3) TFEU; |
86. |
Calls on those Member States that have undertaken national investigations on pollutant emissions from passenger cars to convey to the Commission and Parliament without delay the full data sets and results from their investigations; |
87. |
Considers that the first part of the committee’s mandate should be devoted to the collection and analysis of written evidence before the start of the public hearings; deems it useful to build in a ‘cooling-off’ period between the end of the hearings and the drafting of the final report so that the collection of evidence can be completed, properly analysed and included fully in the report; |
88. |
Considers that the 12-month time limit on committees of inquiry is arbitrary and often insufficient; believes that the members of the inquiry committee are best placed to determine whether an inquiry should be extended and, if so, for what period; |
89. |
Notes that Rule 198 of Parliament’s Rules of Procedure should define more clearly when the duration of a committee of inquiry should start; suggests that there should be sufficient flexibility to ensure that there is enough time for the investigations; calls for the work of the committee of inquiry to start only once the requested documents have been received from the EU institutions; |
90. |
Considers that an interim report should not necessarily be included in future mandates in order not to pre-empt the final conclusions of the inquiry; |
91. |
Considers that in the future committees of inquiry should be organised differently in order to ensure greater efficiency and effectiveness in organising and conducting the committees’ work, in particular during the public hearings; |
92. |
Underlines that Parliament’s internal administrative rules are aligned to the established practice of standing committees and as such are often not suited to the ad-hoc and temporary nature of a committee of inquiry, which operates under more unusual circumstances, with a very specific scope and during a limited time frame; considers, therefore, that the development of a defined set of rules relating to the effective functioning of committees of inquiry in regard to the conducting of hearings and missions, for example, in a way that guarantees fair political representation, would increase efficiency; considers that there is a risk that financial constraints may prevent committees of inquiry from hearing all the experts deemed necessary for the committee to perform its duty; considers that internal authorisation deadlines for hearings and missions should be made more flexible; |
93. |
Considers that committees of inquiry should have prioritised access and dedicated resources within the relevant Parliament services to enable the latter to deal in particular with requests for studies, briefings, etc., within the time frame allowed by the rules; |
94. |
Notes that the current rules on accessing classified and other confidential information made available by the Council, the Commission or the Member States to Parliament in the context of an inquiry do not provide full legal clarity but are generally interpreted as excluding accredited parliamentary assistants (APAs) from consulting and analysing non-classified ‘other confidential information’ in a secure reading room; notes that a number of Members have found that this rule stands in the way of effective and thorough consultation of such documents within the limited time available to committees of inquiry, and that the TAX2 Committee (Special Committee on Tax Rulings and Other Measures Similar in Nature or Effect), during which access was temporarily and exceptionally granted to APAs, was able to make use of these resources in a more comprehensive and effective manner; calls, therefore, for the introduction of a clearly worded provision guaranteeing the right of access to documents for APAs on the basis of the ‘need to know’ principle, in their support role for Members, in a renegotiated Interinstitutional Agreement; urges the relevant bodies to expedite the renegotiation of this point so as not to hamper the effectiveness and efficiency of future and ongoing parliamentary inquiries; |
o
o o
95. |
Instructs its President to forward this recommendation and the final report of the Committee of Inquiry to the Council and the Commission and to the parliaments of the Member States. |
(1) OJ L 113, 19.5.1995, p. 1.
(2) OJ L 10, 15.1.2016, p. 13.
(3) OJ L 171, 29.6.2007, p. 1.
(4) OJ L 263, 9.10.2007, p. 1.
(5) OJ L 152, 11.6.2008, p. 1.
(6) Texts adopted, P8_TA(2015)0375.
(7) Texts adopted, P8_TA(2016)0322.
(8) See also texts adopted of 4.4.2017, P8_TA(2017)0097.
II Information
INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
European Parliament
Thursday 27 April 2017
23.8.2018 |
EN |
Official Journal of the European Union |
C 298/151 |
P8_TA(2017)0132
Request for waiver of the immunity of António Marinho e Pinto
European Parliament decision of 27 April 2017 on the request for waiver of the immunity of António Marinho e Pinto (2016/2294(IMM))
(2018/C 298/20)
The European Parliament,
— |
having regard to the request for the waiver of the immunity of António Marinho e Pinto, forwarded on 23 September 2016 by Miguel Pereira da Rosa, judge at the Lisbon West (Oeiras) District Court, (ref. 4759/15.2TDLSB) in connection with criminal proceedings initiated against him, and announced in plenary on 24 October 2016, |
— |
having regard to the letter of 12 December 2016 from the Deputy Public Prosecutor responsible, containing a transcription of the remarks by António Marinho e Pinto, |
— |
having heard António Marinho e Pinto on 22 March 2017 in accordance with Rule 9(6) of its Rules of Procedure, |
— |
having regard to Articles 8 and 9 of Protocol No 7 on the Privileges and Immunities of the European Union and to Article 6(2) of the Act of 20 September 1976 concerning the election of the Members of the European Parliament by direct universal suffrage, |
— |
having regard to the judgments of the Court of Justice of the European Union of 12 May 1964, 10 July 1986, 15 and 21 October 2008, 19 March 2010, 6 September 2011 and 17 January 2013 (1), |
— |
having regard to Article 11(1), (2), (3) and (5) of Law No 7/93 of 1 March 1993 governing the statute of Members of the Portuguese Parliament and Circular No 3/2011 of the Public Prosecutor’s Office of 10 October 2011, |
— |
having regard to Rule 5(2), Rule 6(1) and Rule 9 of its Rules of Procedure, |
— |
having regard to the report of the Committee on Legal Affairs (A8-0163/2017), |
A. |
whereas the judge of the Lisbon West (Oeiras) District Court has requested the waiver of the parliamentary immunity of António Marinho e Pinto, Member of the European Parliament, in connection with judicial proceedings concerning an alleged criminal offence; |
B. |
whereas the waiver of the immunity of António Marinho e Pinto concerns an alleged offence of aggravated defamation as defined in Articles 180(1) and 183(2) of the Portuguese Penal Code, punishable by up to two years’ imprisonment, and an offence of undermining the reputation of an organisation, service or collective body as defined in Article 187(1) and (2)(a) of the Portuguese Penal Code, punishable by up to two years’ imprisonment; |
C. |
whereas the charitable association Santa Casa de Misericórdia de Lisboa has lodged a complaint against António Marinho e Pinto; |
D. |
whereas the complaint relates to statements made by António Marinho e Pinto on 30 May 2015 during an interview on the TV programme ‘A Propósito’ on the Portuguese channel SIC Notícias, presented by António José Teixeira and broadcast at 21.00, during which he is alleged to have said: ‘As far as social security is concerned, what I can say is that the solidarity aspect should be split off; that’s a matter for the State, and shouldn’t be paid for at the expense of workers’ pensions, you see? It has to come from the State budget. Social solidarity must be provided through taxes and through that gigantic institution, Misericórdia de Lisboa, which handles millions and millions, and money is being wasted, more often than not for personal gain or out of personal interest.. […] I think that Manuel Rebelo de Sousa would be better than Pedro Santana Lopes, given what we saw of Santana Lopes in government. It was actually good to see how the Superintendent of Santa Casa da Misericórdia de Lisboa worked in support of his candidacy and what means and resources he employed in order to do it.’ |
E. |
whereas Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union stipulates that Members of the European Parliament may not be subject to any form of inquiry, detention or legal proceedings in respect of opinions expressed or votes cast by them in the performance of their duties; |
F. |
whereas the Court of Justice has held that, for a Member of the European Parliament to enjoy immunity, an opinion must be expressed by the Member in the performance of his duties, thus entailing the requirement of a link between the opinion expressed and the parliamentary duties; whereas such a link must be direct and obvious (2); |
G. |
whereas, in accordance with Article 9 of the same Protocol, Members enjoy, in the territory of their own State, the immunities accorded to members of their parliament; |
H. |
whereas, under the terms of Article 11(1), (2), (3) and (5) of Law No 7/93 of 1 March 1993 governing the statute of Members of the Portuguese Parliament and Circular No 3/2011 of the Public Prosecutor’s Office of 10 October 2011, António Marinho e Pinto may not be questioned or examined without the prior authorisation of the European Parliament; |
I. |
whereas the alleged acts have no obvious or direct connection with the performance of António Marinho e Pinto’s duties as a Member of the European Parliament; whereas they relate rather to activities of a purely national nature, given that his remarks were made on a TV programme in Portugal on a specifically Portuguese subject relating to the management of an association incorporated under national law; |
J. |
whereas, therefore, the alleged acts do not concern opinions expressed or votes cast in the performance of his duties as a Member of the European Parliament for the purposes of Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union; |
K. |
whereas the accusation made is clearly unrelated to the status of António Marinho e Pinto as a Member of the European Parliament; |
L. |
whereas there is no reason to suspect fumus persecutionis, that is to say, a sufficiently serious and precise suspicion that the case has been brought with the intention of causing political damage to the Member; |
1. |
Decides to waive the immunity of António Marinho e Pinto; |
2. |
Instructs its President to forward this decision and the report of its committee responsible immediately to the judge of the Lisbon West (Oeiras) District Court and to António Marinho e Pinto. |
(1) Judgment of the Court of Justice of 12 May 1964, Wagner v Fohrmann and Krier, 101/63, ECLI:EU:C:1964:28; judgment of the Court of Justice of 10 July 1986, Wybot v Faure and others, 149/85, ECLI:EU:C:1986:310; judgment of the General Court of 15 October 2008, Mote v Parliament, T-345/05, ECLI:EU:T:2008:440; judgment of the Court of Justice of 21 October 2008, Marra v De Gregorio and Clemente, C 200/07 and C-201/07, ECLI:EU:C:2008:579; judgment of the General Court of 19 March 2010, Gollnisch v Parliament, T-42/06, ECLI:EU:T:2010:102; judgment of the Court of Justice of 6 September 2011, Patriciello, C 163/10, ECLI: EU:C:2011:543; judgment of the General Court of 17 January 2013, Gollnisch v Parliament, T-346/11 and T-347/11, ECLI:EU:T:2013:23.
(2) Joined Cases T-346/11 and T-347/11, Gollnisch v Parliament, judgment cited above.
III Preparatory acts
EUROPEAN PARLIAMENT
Tuesday 4 April 2017
23.8.2018 |
EN |
Official Journal of the European Union |
C 298/154 |
P8_TA(2017)0096
Characteristics for fishing vessels ***I
European Parliament legislative resolution of 4 April 2017 on the proposal for a regulation of the European Parliament and of the Council defining characteristics for fishing vessels (recast) (COM(2016)0273 — C8-0187/2016 — 2016/0145(COD))
(Ordinary legislative procedure — recast)
(2018/C 298/21)
The European Parliament,
— |
having regard to the Commission proposal to Parliament and the Council (COM(2016)0273), |
— |
having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0187/2016), |
— |
having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
— |
having regard to the opinion of the European Economic and Social Committee of 19 October 2016 (1), |
— |
having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts (2), |
— |
having regard to the letter of 17 October 2016 from the Committee on Legal Affairs to the Committee on Fisheries in accordance with Rule 104(3) of its Rules of Procedure, |
— |
having regard to its previous resolutions, in particular its resolution of 22 November 2012 on small-scale coastal fishing, artisanal fishing and the reform of the common fisheries policy (3), |
— |
having regard to the provisional agreement approved by the responsible committee under Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 15 February 2017 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
— |
having regard to Rules 104 and 59 of its Rules of Procedure, |
— |
having regard to the report of the Committee on Fisheries (A8-0376/2016), |
A. |
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; |
1. |
Adopts its position at first reading hereinafter set out, taking into account the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission; |
2. |
Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal; |
3. |
Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
P8_TC1-COD(2016)0145
Position of the European Parliament adopted at first reading on 4 April 2017 with a view to the adoption of Regulation (EU) 2017/… of the European Parliament and of the Council defining characteristics for fishing vessels (recast)
(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2017/1130.)
23.8.2018 |
EN |
Official Journal of the European Union |
C 298/156 |
P8_TA(2017)0097
Approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles ***I
Amendments adopted by the European Parliament on 4 April 2017 on the proposal for a regulation of the European Parliament and of the Council on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (COM(2016)0031 — C8-0015/2016 — 2016/0014(COD)) (1)
(Ordinary legislative procedure: first reading)
(2018/C 298/22)
Amendment 1
Proposal for a regulation
Recital 1
Text proposed by the Commission |
Amendment |
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Amendment 2
Proposal for a regulation
Recital 4
Text proposed by the Commission |
Amendment |
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Amendment 3
Proposal for a regulation
Recital 5
Text proposed by the Commission |
Amendment |
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Amendment 4
Proposal for a regulation
Recital 5 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 5
Proposal for a regulation
Recital 5 b (new)
Text proposed by the Commission |
Amendment |
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Amendment 6
Proposal for a regulation
Recital 5 c (new)
Text proposed by the Commission |
Amendment |
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Amendment 7
Proposal for a regulation
Recital 5 d (new)
Text proposed by the Commission |
Amendment |
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Amendment 8
Proposal for a regulation
Recital 6
Text proposed by the Commission |
Amendment |
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Amendment 9
Proposal for a regulation
Recital 7
Text proposed by the Commission |
Amendment |
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Amendment 10
Proposal for a regulation
Recital 7 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 11
Proposal for a regulation
Recital 7 b (new)
Text proposed by the Commission |
Amendment |
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Amendment 12
Proposal for a regulation
Recital 8 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 13
Proposal for a regulation
Recital 9
Text proposed by the Commission |
Amendment |
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Amendment 14
Proposal for a regulation
Recital 10
Text proposed by the Commission |
Amendment |
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Amendment 15
Proposal for a regulation
Recital 12
Text proposed by the Commission |
Amendment |
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Amendment 16
Proposal for a regulation
Recital 12 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 17
Proposal for a regulation
Recital 13
Text proposed by the Commission |
Amendment |
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Amendment 18
Proposal for a regulation
Recital 14
Text proposed by the Commission |
Amendment |
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deleted |
Amendment 19
Proposal for a regulation
Recital 14 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 20
Proposal for a regulation
Recital 17
Text proposed by the Commission |
Amendment |
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deleted |
Amendment 21
Proposal for a regulation
Recital 17 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 22
Proposal for a regulation
Recital 18
Text proposed by the Commission |
Amendment |
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Amendment 23
Proposal for a regulation
Recital 19 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 24
Proposal for a regulation
Recital 19 b (new)
Text proposed by the Commission |
Amendment |
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Amendment 25
Proposal for a regulation
Recital 21
Text proposed by the Commission |
Amendment |
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Amendment 26
Proposal for a regulation
Recital 21 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 27
Proposal for a regulation
Recital 22
Text proposed by the Commission |
Amendment |
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Amendment 28
Proposal for a regulation
Recital 23 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 29
Proposal for a regulation
Recital 24
Text proposed by the Commission |
Amendment |
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Amendment 30
Proposal for a regulation
Recital 24 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 31
Proposal for a regulation
Recital 25 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 32
Proposal for a regulation
Recital 25 b (new)
Text proposed by the Commission |
Amendment |
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Amendment 33
Proposal for a regulation
Recital 25 c (new)
Text proposed by the Commission |
Amendment |
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Amendment 347
Proposal for a regulation
Recital 25 d (new)
Text proposed by the Commission |
Amendment |
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Amendment 34
Proposal for a regulation
Recital 26
Text proposed by the Commission |
Amendment |
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Amendment 35
Proposal for a regulation
Recital 26 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 36
Proposal for a regulation
Recital 27
Text proposed by the Commission |
Amendment |
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Amendment 37
Proposal for a regulation
Recital 29
Text proposed by the Commission |
Amendment |
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Amendment 38
Proposal for a regulation
Recital 30
Text proposed by the Commission |
Amendment |
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Amendment 39
Proposal for a regulation
Recital 31
Text proposed by the Commission |
Amendment |
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Amendment 40
Proposal for a regulation
Recital 33
Text proposed by the Commission |
Amendment |
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Amendment 41
Proposal for a regulation
Recital 35 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 42
Proposal for a regulation
Recital 36 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 43
Proposal for a regulation
Recital 37 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 44
Proposal for a regulation
Recital 37 b (new)
Text proposed by the Commission |
Amendment |
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Amendment 45
Proposal for a regulation
Recital 40
Text proposed by the Commission |
Amendment |
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Amendment 46
Proposal for a regulation
Recital 40 a
Text proposed by the Commission |
Amendment |
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Amendment 47
Proposal for a regulation
Recital 40 b (new)
Text proposed by the Commission |
Amendment |
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Amendment 48
Proposal for a regulation
Recital 40 c (new)
Text proposed by the Commission |
Amendment |
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Amendment 49
Proposal for a regulation
Recital 45 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 50
Proposal for a regulation
Article 2 — paragraph 3 — introductory part
Text proposed by the Commission |
Amendment |
3. For the following vehicles and machinery, the manufacturer may apply for type-approval or individual vehicle approval under this Regulation, provided that those vehicles fulfil the substantive requirements of this Regulation: |
3. For the following vehicles and machinery, the manufacturer may apply for type-approval or individual vehicle approval under this Regulation, provided that those vehicles fulfil the requirements of this Regulation: |
Amendment 51
Proposal for a regulation
Article 2 — paragraph 3 — point b
Text proposed by the Commission |
Amendment |
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Amendment 52
Proposal for a regulation
Article 3 — introductory part
Text proposed by the Commission |
Amendment |
For the purposes of this Regulation, the following definitions shall apply: |
For the purposes of this Regulation and the regulatory acts of the Union listed in Annex IV, save as otherwise provided therein , the following definitions apply: |
Amendment 53
Proposal for a regulation
Article 3 — paragraph 1 — point 2
Text proposed by the Commission |
Amendment |
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Amendment 54
Proposal for a regulation
Article 3 — paragraph 1 — point 7 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 55
Proposal for a regulation
Article 3 — paragraph 1 — point 9
Text proposed by the Commission |
Amendment |
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Amendment 56
Proposal for a regulation
Article 3 — paragraph 1 — point 16
Text proposed by the Commission |
Amendment |
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Amendment 57
Proposal for a regulation
Article 3 — paragraph 1 — point 35
Text proposed by the Commission |
Amendment |
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Amendment 58
Proposal for a regulation
Article 3 — paragraph 1 — point 37
Text proposed by the Commission |
Amendment |
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Amendment 59
Proposal for a regulation
Article 3 — paragraph 1 — point 42
Text proposed by the Commission |
Amendment |
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Amendment 60
Proposal for a regulation
Article 3 — paragraph 1 — point 46
Text proposed by the Commission |
Amendment |
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Amendment 61
Proposal for a regulation
Article 3 — paragraph 1 — point 55
Text proposed by the Commission |
Amendment |
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Amendment 62
Proposal for a regulation
Article 3 — paragraph 1 — point 56 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 63
Proposal for a regulation
Article 4 — paragraph 2 — subparagraph 2
Text proposed by the Commission |
Amendment |
The Commission shall be empowered to adopt delegated acts in accordance with Article 88 to amend Annex II concerning the categorisation of vehicle sub-categories, types of vehicle and types of bodywork in order to adapt it to technical progress. |
The Commission is empowered to adopt delegated acts in accordance with Article 88 to amend Annex II concerning the types of vehicle and types of bodywork in order to adapt it to technical progress. |
Amendment 64
Proposal for a regulation
Article 6 — paragraph 1 — subparagraph 2 a (new)
Text proposed by the Commission |
Amendment |
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Member States shall ensure that type-approval authorities and market surveillance authorities adhere to a strict separation of roles and responsibilities and function independently from each other. |
Amendment 65
Proposal for a regulation
Article 6 — paragraph 1 a (new)
Text proposed by the Commission |
Amendment |
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1a. Where more than one approval authority is responsible for vehicle type-approval including individual vehicle type-approval in a Member State, that Member State shall designate a unique type approval authority responsible for the exchange of information with the approval authorities of the other Member States and for the fulfilment of the obligations laid down in Chapter XV of this Regulation. |
Amendment 66
Proposal for a regulation
Article 6 — paragraph 4
Text proposed by the Commission |
Amendment |
4. Member States shall organise and carry out market surveillance and controls of vehicles, systems, components or separate technical units entering the market, in accordance with Chapter III of Regulation (EC) No 765/2008. |
4. Member States shall organise and carry out market surveillance and controls of vehicles, systems, components or separate technical units entering the market, in accordance with Chapter III of Regulation (EC) No 765/2008 with the exception of Article 18(5) thereof . |
Amendment 67
Proposal for a regulation
Article 6 — paragraph 5
Text proposed by the Commission |
Amendment |
5. Member States shall take the necessary measures to ensure that market surveillance authorities may, where they consider it necessary and justified, be entitled to enter the premises of economic operators and seize the necessary samples of vehicles, systems, components and separate technical units for the purposes of compliance testing. |
5. Member States shall take the necessary measures to ensure that market surveillance authorities may, where they consider it necessary and justified, be entitled to enter the premises of economic operators on their territory and take the necessary samples of vehicles, systems, components and separate technical units for the purposes of compliance testing. |
Amendment 68
Proposal for a regulation
Article 6 — paragraph 6
Text proposed by the Commission |
Amendment |
6. The Member States shall periodically review and assess the functioning of their type-approval activities. Such reviews and assessments shall be carried out at least every four years and the results thereof shall be communicated to the other Member States and the Commission. The Member State concerned shall make a summary of the results accessible to the public, in particular the number of type-approval granted and the identity of the corresponding manufacturers. |
6. The Member States shall periodically review and assess the functioning of their type-approval activities , including the conformity of the type-approvals issued with this Regulation . Such reviews and assessments shall be carried out at least every three years and the results thereof shall be communicated to the other Member States , the European Parliament and the Commission. The results shall be discussed by the Forum established under Article 10. The Member State concerned shall make a full report of the results accessible to the public, which shall include in particular the number of type-approvals granted or rejected, the subject of the type-approval certificate, and the identity of the corresponding manufacturers and technical services responsible for overseeing the type approval tests . |
Amendment 69
Proposal for a regulation
Article 6 — paragraph 7
Text proposed by the Commission |
Amendment |
7. The Member States shall periodically review and assess the functioning of their surveillance activities. Such reviews and assessments shall be carried out at least every four years and the results thereof shall be communicated to the other Member States and the Commission. The Member State concerned shall make a summary of the results accessible to the public . |
7. The Member States shall periodically review and assess the functioning of their surveillance activities. Such reviews and assessments shall be carried out at least every three years and the results thereof shall be communicated to the other Member States , to the European Parliament and to the Commission. The results shall be discussed by the Forum established under Article 10. The Member State concerned shall make a summary of the results publically available, which shall include in particular the number of vehicles, systems, components or separate technical units subject to testing or other assessment. The summary shall include a list of those vehicles, systems, components or separate technical units that are found not to be in compliance with the requirements of this Regulation, if any, the identity of the corresponding manufacturers, and a short description of the nature of the non-compliance . |
Amendment 70
Proposal for a regulation
Article 6 — paragraph 7 a (new)
Text proposed by the Commission |
Amendment |
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7a. The Commission is empowered to adopt delegated acts in accordance with Article 88 supplementing this Regulation by laying down the common criteria to appoint, review and assess the approval authorities and the market surveillance authorities at national level. |
Amendment 71
Proposal for a regulation
Article 7 — paragraph 1 a (new)
Text proposed by the Commission |
Amendment |
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1a. Approval authorities shall implement and enforce the requirements of this Regulation in a uniform and consistent manner to ensure a level playing field and to avoid application of divergent standards across the Union. They shall fully cooperate with the Forum and the Commission in its audit and oversight activities as regards the application of this Regulation and provide all the necessary information upon request. |
Amendment 72
Proposal for a regulation
Article 7 — paragraph 2
Text proposed by the Commission |
Amendment |
2. Approval authorities shall carry out their duties independently and impartially. They shall observe confidentiality where necessary in order to protect commercial secrets, subject to the obligation of information laid down in Article 9(3) in order to protect the interests of users in the Union. |
2. Approval authorities shall carry out their duties independently and impartially. They shall observe confidentiality in order to protect commercial secrets of economic operators , subject to the obligation of information laid down in Article 9(3) in order to protect the interests of users in the Union in accordance with applicable law . |
Amendment 73
Proposal for a regulation
Article 7 — paragraph 3 — subparagraph 1
Text proposed by the Commission |
Amendment |
A Member State where more than one approval authority is responsible for vehicle approval including individual vehicle approval, shall designate a unique type approval authority responsible for the exchange of information with the approval authorities of the other Member States and for the obligations laid down in Chapter XV of this Regulation. |
deleted |
Amendment 74
Proposal for a regulation
Article 7 — paragraph 3 — subparagraph 2
Text proposed by the Commission |
Amendment |
Approval authorities within a Member State shall cooperate with each other by sharing information relevant to their role and functions. |
Approval authorities within a Member State shall put in place procedures to ensure efficient and effective coordination, as well as efficient and effective information sharing relevant to their role and functions. |
Amendment 75
Proposal for a regulation
Article 7 — paragraph 3 a (new)
Text proposed by the Commission |
Amendment |
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3a. Where an approval authority finds that a vehicle, system, component or separate technical unit is not in conformity with this Regulation, it shall notify the Commission and the other Member States without delay. The Commission shall notify the members of the Forum for Enforcement immediately upon receipt of this notification. |
Amendment 76
Proposal for a regulation
Article 7 — paragraph 5
Text proposed by the Commission |
Amendment |
5. The Commission may adopt implementing acts to lay down the common criteria to appoint, review and assess the approval authorities at national level. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2). |
deleted |
Amendment 77
Proposal for a regulation
Article 8 — paragraph 1
Text proposed by the Commission |
Amendment |
1. Market surveillance authorities shall perform regular checks to verify compliance of vehicles, systems, components and separate technical units with the requirements set out in this Regulation as well as with the correctness of the type approvals. Those checks shall be performed on an adequate scale, by means of documentary checks and real-drive and laboratory tests on the basis of statistically relevant samples . When doing so, market surveillance authorities shall take account of established principles of risk assessment, complaints and other information. |
1. Market surveillance authorities shall perform regular tests and inspections in accordance with national annual programmes approved in accordance with paragraphs 2 and 3 to verify that vehicles, systems, components and separate technical units conform to the type approvals and to applicable legislation. Those tests and inspections shall be performed by means of, inter alia, laboratory tests and real-driving emissions tests, on the basis of statistically relevant samples, and shall be supplemented by documentary checks . Member States shall carry out tests or inspections on an annual basis on a number of types which shall total at least 20 % of the number of types placed on the market in that Member State in the previous year . When doing so, market surveillance authorities shall take account of established principles of risk assessment, substantiated complaints and other relevant information , including testing results published by recognised third parties, new technologies on the market and reports from periodic technical inspections and on-road remote sensing . |
Amendment 78
Proposal for a regulation
Article 8 — paragraph 1 a (new)
Text proposed by the Commission |
Amendment |
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1a. Market surveillance authorities may rely on independent testing organisations to perform the technical tasks, such as tests or inspections. The responsibility for the results remains with the market surveillance authority. Where technical services are used for the purposes of this Article, market surveillance authorities shall ensure that a different technical service is used from the technical service that performed the original type approval test. |
Amendment 79
Proposal for a regulation
Article 8 — paragraph 1 b (new)
Text proposed by the Commission |
Amendment |
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1b. Market surveillance authorities shall prepare and submit a national market surveillance programme for approval by the Commission on an annual or multi-annual basis. Member States may together submit joint programmes or actions. |
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The national market surveillance programmes shall include at least the following information: |
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Amendment 80
Proposal for a regulation
Article 8 — paragraph 2
Text proposed by the Commission |
Amendment |
2. Market surveillance authorities shall require economic operators to make the documentation and information available as they consider necessary for the purpose of carrying out their activities. |
2. Market surveillance authorities shall require economic operators to make the documentation and information available as they consider necessary for the purpose of carrying out their activities. This shall include access to software, algorithms, engine control units and any other technical specifications that are deemed to be necessary by the market surveillance authorities. |
Amendment 81
Proposal for a regulation
Article 8 — paragraph 3
Text proposed by the Commission |
Amendment |
3. For type-approved vehicles, systems, components and separate technical units, market surveillance authorities shall take due account of certificates of conformity presented by economic operators. |
3. For type-approved vehicles, systems, components and separate technical units, market surveillance authorities shall take due account of certificates of conformity, type-approval marks or type-approval certificates presented by economic operators. |
Amendment 82
Proposal for a regulation
Article 8 — paragraph 4 — subparagraph 1
Text proposed by the Commission |
Amendment |
Market surveillance authorities shall take appropriate measures to alert users within their territories within an adequate timeframe of hazards they have identified relating to any vehicle, system, component and separate technical unit so as to prevent or reduce the risk of injury or other damage. |
Market surveillance authorities shall take appropriate measures to alert users within their territories within an adequate timeframe of non-compliance they have identified relating to any vehicle, system, component and separate technical unit so as to prevent or reduce the risk of injury or other damage. This information shall be made available on the website of the market surveillance authority in plain and understandable language. |
Amendment 83
Proposal for a regulation
Article 8 — paragraph 5
Text proposed by the Commission |
Amendment |
5. Where the market surveillance authorities of one Member State decide to withdraw a vehicle, system, component and separate technical unit from the market in accordance with Article 49(5), they shall inform the economic operator concerned and where applicable the relevant approval authority. |
5. Where the market surveillance authorities of one Member State decide to withdraw a vehicle, system, component and separate technical unit from the market in accordance with Article 49(5), they shall inform the economic operator concerned and the relevant approval authority. |
Amendment 84
Proposal for a regulation
Article 8 — paragraph 5 a (new)
Text proposed by the Commission |
Amendment |
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5a. Where a market surveillance authority finds that a vehicle, system, component or separate technical unit is not in conformity with this Regulation, it shall notify the Commission and the other Member States without delay. The Commission shall notify the members of the Forum for Enforcement immediately upon receipt of this notification. |
Amendment 85
Proposal for a regulation
Article 8 — paragraph 6
Text proposed by the Commission |
Amendment |
6. Market surveillance authorities shall carry out their duties independently and impartially. They shall observe confidentiality where necessary in order to protect commercial secrets, subject to the obligation of information laid down in Article 9(3) to the fullest extent necessary in order to protect the interests of users in the European Union. |
6. Market surveillance authorities shall carry out their duties independently and impartially. They shall observe confidentiality in order to protect commercial secrets of the economic operators , subject to the obligation of information laid down in Article 9(3) to the fullest extent necessary in order to protect the interests of users in the European Union. |
Amendment 86
Proposal for a regulation
Article 8 — paragraph 7
Text proposed by the Commission |
Amendment |
7. The Member States shall periodically review and assess the functioning of their surveillance activities. Such reviews and assessments shall be carried out at least every four years and the results thereof shall be communicated to the other Member States and the Commission. The Member State concerned shall make a summary of the results accessible to the public. |
deleted |
Amendment 87
Proposal for a regulation
Article 8 — paragraph 8
Text proposed by the Commission |
Amendment |
8. The market surveillance authorities of different Member States shall coordinate their market surveillance activities, cooperate with each other and share with each other and with the Commission the results thereof. Where appropriate, the market surveillance authorities shall agree on work-sharing and specialisation. |
deleted |
Amendment 88
Proposal for a regulation
Article 8 — paragraph 9
Text proposed by the Commission |
Amendment |
9. Where more than one authority in a Member State is responsible for market surveillance and external border controls, those authorities shall cooperate with each other, by sharing information relevant to their role and functions. |
9. Where more than one authority in a Member State is responsible for market surveillance and external border controls, those authorities shall put in place procedures to ensure efficient and effective coordination, as well as efficient and effective information sharing relevant to their role and functions. |
Amendment 89
Proposal for a regulation
Article 8 — paragraph 10
Text proposed by the Commission |
Amendment |
10. The Commission may adopt implementing acts to lay down the criteria for setting out the scale, scope and frequency with which the compliance verification checks of samples taken referred to in paragraph 1 have to be performed. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2). |
deleted |
Amendment 90
Proposal for a regulation
Article 8 — paragraph 10 a (new)
Text proposed by the Commission |
Amendment |
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10a. Market surveillance authorities shall make publically available a report of its findings following any compliance verification testing it has carried out and shall forward its findings to the Member States and the Commission. The Commission shall forward this report to the members of the Forum for Enforcement. The report shall contain details of the vehicles, systems, components or separate technical units that are assessed and the identity of the corresponding manufacturer, and a short description of the findings, including the nature of the non-compliance, if any. |
Amendment 91
Proposal for a regulation
Article 9 — paragraph 1 — subparagraph 1
Text proposed by the Commission |
Amendment |
The Commission shall organise and carry out, or require to be carried out, on an adequate scale, tests and inspections of vehicles, systems, components and separate technical units already made available on the market, with a view to verifying that those vehicles, systems, components and separate technical units conform to the type approvals and to applicable legislation as well as to ensure the correctness of the type approvals . |
The Commission shall organise and carry out, or require to be carried out, on an adequate scale with due regard to agreed national programmes of market surveillance activities approved under Article 8 , tests and inspections of vehicles, systems, components and separate technical units already made available on the market, with a view to verifying that those vehicles, systems, components and separate technical units conform to the type approvals and to applicable legislation. |
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The tests and inspections organised and carried out, or mandated by the Commission shall address the issue of in-service conformity of vehicles, systems, components and separated technical units. |
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Those tests and inspections shall be performed by means of, inter alia, laboratory tests and real-driving emissions tests, on the basis of statistically relevant samples, and shall be supplemented by documentary checks. |
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When doing so, the Commission shall take account of established principles of risk assessment, substantiated complaints and other relevant information, including testing results published by recognised third parties, new technologies on the market and reports from periodic technical inspections and on-road remote sensing. |
Amendment 92
Proposal for a regulation
Article 9 — paragraph 1 — subparagraph 1 a (new)
Text proposed by the Commission |
Amendment |
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Without prejudice to the first subparagraph, when the Commission, based on information provided by Member States, a request made by one member of the Forum for Enforcement or testing results published by recognised third parties, considers that a Member State is not properly fulfilling its type-approval or market surveillance obligations stemming from this Regulation, the Commission shall organise and carry out itself, or require to be carried out, tests and inspections of vehicles, systems, components and separate technical units already made available on the market. |
Amendment 93
Proposal for a regulation
Article 9 — paragraph 1 — subparagraph 1 b (new)
Text proposed by the Commission |
Amendment |
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The Commission may rely on independent testing organisations to perform the technical tasks, such as tests or inspections. The responsibility for the results remains with the Commission. Where technical services are designated for the purposes of this Article, the Commission shall ensure that a different technical service is used from the technical service that performed the original type approval test. |
Amendment 94
Proposal for a regulation
Article 9 — paragraph 2
Text proposed by the Commission |
Amendment |
2. Manufacturers holding type-approvals or the economic operators shall, upon request, supply to the Commission a statistically relevant number of production vehicles, systems, components and separate technical units selected by the Commission that are representative for the vehicles, systems, components and separate technical units available for placing on the market under that type-approval. Those vehicles, systems, components and separate technical units shall be supplied for testing at the time and place and for the period the Commission may require . |
2. Manufacturers holding type-approvals or the economic operators shall, upon request, supply to the Commission a statistically relevant number of production vehicles, systems, components and separate technical units selected by the Commission that are representative for the vehicles, systems, components and separate technical units available for placing on the market under that type-approval. Those vehicles, systems, components and separate technical units shall be supplied for testing at the time and place and for the period that the Commission may, depending on the situation, require. |
Amendment 95
Proposal for a regulation
Article 9 — paragraph 2 a (new)
Text proposed by the Commission |
Amendment |
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2a. The Member States shall give all necessary assistance and provide all documentation and other technical support that Commission experts require in order to enable them to carry out tests, checks and inspections. The Member States shall ensure that Commission experts have access to all premises or parts of premises and to information, including computing systems and software, relevant to the execution of their duties. |
Amendment 96
Proposal for a regulation
Article 9 — paragraph 3 — subparagraph 1
Text proposed by the Commission |
Amendment |
For the purpose of enabling the Commission to carry out the testing referred to in paragraphs 1 and 2, Member States shall make available to the Commission all data related to the type-approval of the vehicle, systems, components and separate technical units subject to compliance verification testing. Those data shall include at least the information included in the type-approval certificate and its attachments referred to Article 26(1). |
For the purpose of enabling the Commission to carry out the testing referred to in paragraphs 1 and 2, Member States shall immediately make available to the Commission all data related to the type-approval of the vehicle, systems, components and separate technical units subject to compliance verification testing. Those data shall include at least the information included in the type-approval certificate and its attachments referred to Article 26(1). |
Amendment 97
Proposal for a regulation
Article 9 — paragraph 4
Text proposed by the Commission |
Amendment |
4. Vehicle manufacturers shall make public data which are needed for the purpose of compliance verification testing by third parties. The Commission shall adopt implementing acts in order to define the data to be made public and the conditions for such publication , subject to the protection of commercial secrets and the preservation of personal data pursuant to Union and national legislation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2). |
4. Vehicle manufacturers shall make available free of charge and without undue delay data which are needed for the purpose of compliance verification testing by recognised third parties. That data shall include all parameters and settings that are necessary to accurately replicate the test conditions that were applied at the time of the type-approval testing. All such data provided shall be treated with respect for the legitimate protection of business information. The Commission shall adopt implementing acts in order to define the data to be made available and the conditions for doing so, including those for the provision of access to such information via the online database referred to in Article 10a , subject to the protection of commercial secrets and the preservation of personal data pursuant to Union legal acts and national legislation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2). |
Amendment 98
Proposal for a regulation
Article 9 — paragraph 4 a (new)
Text proposed by the Commission |
Amendment |
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4a. The Commission shall organise and carry out joint audits of the type approval authorities and national market surveillance authorities to verify that they implement, in a consistent manner, the requirements of this Regulation and carry out their duties in an independent and rigorous manner. Following consultation with the Forum, the Commission shall adopt an annual plan of joint audits, which shall take into account the results of prior reviews when determining frequency of assessment. In cases where the Commission has reason to consider that a type approval authority does not fulfil its obligations under this Regulation, the Commission may require joint audits to be carried out on an annual basis. |
Amendment 99
Proposal for a regulation
Article 9 — paragraph 4 b (new)
Text proposed by the Commission |
Amendment |
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4b. In order to perform this task, the Commission shall have recourse to independent auditors contracted as third parties following an open call for tenders. The auditors shall carry out their duties independently and impartially. The auditors shall observe confidentiality in order to protect commercial secrets in accordance with the applicable law. The Member States shall give all necessary assistance and shall provide all the documentation and support that auditors request in order to enable them to carry out their duties. The Member States shall ensure that the auditors have access to all premises or parts of premises and to information, including computing systems and software, relevant to the execution of their duties. Upon request, a Member State may be entitled to send an observer to a joint audit organised under this Article. Those observers shall not influence any decisions related to the outcome of the joint audit. |
Amendment 100
Proposal for a regulation
Article 9 — paragraph 4 c (new)
Text proposed by the Commission |
Amendment |
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4c. The outcome of the joint audit shall be communicated to all Member States and to the Commission and a summary of the outcome shall be made publicly available. It shall be discussed by the Forum established in Article 10. |
Amendment 101
Proposal for a regulation
Article 9 — paragraph 4 d (new)
Text proposed by the Commission |
Amendment |
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4d. The Member State concerned shall provide information to the Commission and the other Member States on how it has addressed the recommendations arising from the joint audit referred to in paragraph 4c. |
Amendment 102
Proposal for a regulation
Article 9 — paragraph 4 e (new)
Text proposed by the Commission |
Amendment |
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4e. The Commission may request further information from Member States and their national type approval authorities and market surveillance authorities where they have reason to believe following examination within the Forum that there are cases of non-compliance with this Regulation. Member States and their respective authorities shall provide such information without undue delay. |
Amendment 103
Proposal for a regulation
Article 9 — paragraph 5 — subparagraph 2
Text proposed by the Commission |
Amendment |
Where those tests and inspections put into question the correctness of the type approval itself, the Commission shall inform the approval authority or authorities concerned as well as the Forum for Exchange of Information on Enforcement. |
Where those tests and inspections put into question the correctness of the type approval itself, the Commission shall immediately inform the approval authority or authorities concerned as well as the Member States and the members of the Forum for Enforcement. |
Amendment 104
Proposal for a regulation
Article 9 — paragraph 5 — subparagraph 2 a (new)
Text proposed by the Commission |
Amendment |
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The Commission shall take appropriate measures to alert users within the Union, including the relevant type approval authorities, within an adequate timeframe, to any non-compliance that it has identified relating to any vehicle, system, component and separate technical unit so as to prevent or reduce the risk of injury or other damage. This information shall also be made available on the website of relevant market surveillance authorities in plain and understandable language. |
Amendment 105
Proposal for a regulation
Article 9 — paragraph 5 — subparagraph 3
Text proposed by the Commission |
Amendment |
The Commission shall publish a report of its findings following any compliance verification testing it has carried out. |
The Commission shall make publically available a report of its findings following any compliance verification testing it has carried out and shall forward its findings to the Member States and to the members of the Forum for Enforcement. The report shall contain details of the vehicles, systems, components or separate technical units that are assessed and the identity of the corresponding manufacturer, and a short description of the findings, including the nature of the non-compliance, if any, and, where appropriate, recommend follow-up actions to Member States . |
Amendment 106
Proposal for a regulation
Article 10 — paragraph 1
Text proposed by the Commission |
Amendment |
1. The Commission shall establish and chair a Forum for Exchange of Information on Enforcement (‘the Forum’). |
1. The Commission shall establish, chair and manage a Forum for Enforcement (‘the Forum’). |
Amendment 107
Proposal for a regulation
Article 10 — paragraph 1 — subparagraph 2
Text proposed by the Commission |
Amendment |
This Forum shall be composed of members appointed by the Member States. |
This Forum shall be composed of members appointed by the Member States, including their type-approval and market surveillance authorities . |
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Whenever appropriate, and at least once a year, the Forum shall also invite observers to its meetings. The invited observers shall include representatives of the European Parliament, technical services, recognised third party testing organisations, representatives of industry or other relevant economic operators, safety and environment NGOs and consumer groups . Observers invited to meetings of the Forum shall constitute a broad, representative and balanced range of Union and national bodies representing relevant stakeholders. |
Amendment 108
Proposal for a regulation
Article 10 — paragraph 1 a (new)
Text proposed by the Commission |
Amendment |
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1a. The Commission shall publish on its website the calendar of meetings, the agenda and minutes, including a record of attendance. |
Amendment 109
Proposal for a regulation
Article 10 — paragraph 2 — subparagraph 1
Text proposed by the Commission |
Amendment |
The Forum shall coordinate a network of the national authorities responsible for the type-approval and market surveillance. |
The Forum shall coordinate a network of the national authorities responsible for the type-approval and market surveillance in order to facilitate the implementation of this Regulation, in particular with regard to requirements regarding the assessment, designation and monitoring of designated bodies and the general application of the requirements laid down in this Regulation . |
Amendment 110
Proposal for a regulation
Article 10 — paragraph 2 — subparagraph 2
Text proposed by the Commission |
Amendment |
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Its advisory tasks shall comprise inter alia the promotion of good practices, the exchange of information on enforcement problems, cooperation, development of working methods and tools, development of an electronic information exchange procedure, evaluation of harmonised enforcement projects, penalties and joint inspections. |
Its tasks shall comprise: |
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Amendment 111
Proposal for a regulation
Article 10 — paragraph 2 a (new)
Text proposed by the Commission |
Amendment |
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2a. Where, following examination within the Forum, the Commission has reason to believe that there are cases of non-compliance with this Regulation, the Commission may request further information from Member States and their national type approval authorities and market surveillance authorities. Member States and their respective authorities shall provide such information without undue delay |
Amendment 112
Proposal for a regulation
Article 10 — paragraph 2 b (new)
Text proposed by the Commission |
Amendment |
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2b. The Commission shall make publically available a report on the activities of the Forum on an annual basis. This report shall include detailed explanation of the issues under its consideration, actions arising from those deliberations and the reasoning behind those actions, including in the event that no actions are foreseen. Each year the Commission shall present the report of the activities of the Forum to the European Parliament. |
Amendment 113
Proposal for a regulation
Article 10 — paragraph 2 c (new)
Text proposed by the Commission |
Amendment |
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2c. If the Commission demonstrates that a type approval authority concerned has breached any of the requirements of this Regulation following a joint audit, it shall immediately inform the Member States, the European Parliament and the Commission. The Commission may take all necessary measures to address non-compliance. In certain cases, and having due regard to the nature of the non-compliance, the Commission shall be empowered to suspend or withdraw the authority for the concerned approval authority to accept applications for EU type approval certificates under Article 21. |
Amendment 114
Proposal for a regulation
Article 10 — paragraph 2 c — subparagraph 1 a (new)
Text proposed by the Commission |
Amendment |
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Within two months after having suspended or withdrawn such authority under paragraph 3, the Commission shall submit a report on its findings regarding the non-compliance to the Member States. Where necessary to ensure the safety of vehicles, systems, components or separate technical units already placed on the market, the Commission shall instruct the concerned approval authorities to suspend or withdraw, within a reasonable period of time, any certificates which were unduly issued. |
Amendment 115
Proposal for a regulation
Article 10 a (new)
Text proposed by the Commission |
Amendment |
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Article 10a |
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Online database |
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1. The Commission shall establish an online database for the secure electronic exchange of information related to type-approval procedures, authorisations issued, market surveillance and other relevant activities between national type approval authorities, market surveillance authorities, Member States and the Commission. |
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2. The Commission shall be responsible for coordination of access and receipt of regular updates with relevant authorities and data security and confidentiality relating to records maintained in the database. |
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3. Member States shall submit information required under Article 25 to the database. In addition, Member States shall supply details of the vehicle identification number of registered vehicles and the vehicle registration number allocated to a vehicle in accordance with Council Directive 1999/37/EC (1a) and shall provide the Commission with updates on a regular basis. This information shall be available in a searchable format. |
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4. The Commission shall establish an interface between the database and the EU Rapid Warning System (RAPEX) and the Information and Communication System on Market Surveillance (ICSMS), in order to facilitate market surveillance activities and ensure coordination, consistency and accuracy of the information provided to consumers and third parties. |
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5. The Commission shall also establish a publicly accessible interface which shall include the information contained in Annex IX and details of the approval authority issuing the type approval certificate under Article 24 and technical services who have performed tests required under Article 28. The Commission shall ensure that that information is presented in a searchable format. |
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The Commission shall also provide for access to information necessary for verification testing, in accordance with the implementing acts adopted under Article 9(4). |
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6. As part of the database, the Commission shall develop a tool to upload third party test results and complaints about the performance of vehicles, systems, components and other technical units. Information submitted via that tool shall be taken into account in relation to market surveillance activities provided for in Articles 8 and 9. |
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7. In order to test the suitability of using the IMI for the purpose of exchanging information on the basis of this Article, a pilot project shall be launched by … [3 months after the entry into force of this Regulation]. |
Amendment 116
Proposal for a regulation
Article 11 — paragraph 1
Text proposed by the Commission |
Amendment |
1. The manufacturer shall ensure that the vehicles, systems, components or separate technical units that he has manufactured and that have been placed on the market, or entered into service have been manufactured and approved in accordance with the requirements set out in this Regulation. |
1. The manufacturer shall ensure that the vehicles, systems, components or separate technical units that are placed on the market or have entered into service have been manufactured and approved in accordance with the requirements set out in this Regulation and that they continue to comply with those requirements regardless of the testing method used . |
Amendment 117
Proposal for a regulation
Article 11 — paragraph 2 — subparagraph 1 a (new)
Text proposed by the Commission |
Amendment |
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The manufacturer shall be responsible to the approval authority for all aspects of the approval procedure and for ensuring conformity of production regardless of testing method used. |
Amendment 118
Proposal for a regulation
Article 11 — paragraph 4
Text proposed by the Commission |
Amendment |
4. For the purposes of EU type-approval, a manufacturer established outside the Union shall appoint a single representative established within the Union to represent the manufacturer before the approval authority. That manufacturer shall also appoint a single representative established within the Union for the purposes of market surveillance, who may be the same representative appointed for the purposes of EU type-approval. |
4. For the purposes of EU type-approval, a manufacturer of vehicles, systems, components or separate technical units, established outside the Union, shall appoint a single representative established within the Union to represent the manufacturer before the approval authority. That manufacturer shall also appoint a single representative established within the Union for the purposes of market surveillance, who may be the same representative appointed for the purposes of EU type-approval. |
Amendment 119
Proposal for a regulation
Article 11 — paragraph 4 a (new)
Text proposed by the Commission |
Amendment |
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4a. When applying for EU type approval, the manufacturer shall ensure that the design of the vehicles, systems, components or separate technical units does not incorporate strategies or other means that unnecessarily alter the performance exhibited during applicable test procedures when those vehicles, systems, components or separate technical units are operated under conditions that might reasonably be expected to be encountered in normal operation and use. |
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The manufacturer shall disclose any engine management strategies which might be deployed, either through hardware or software means. The manufacturer shall disclose all relevant information regarding such management strategies, including the software used, parameters of any such strategies and the technical justification as to why they are necessary. |
Amendment 120
Proposal for a regulation
Article 11 — paragraph 5
Text proposed by the Commission |
Amendment |
5. The manufacturer shall be responsible to the approval authority for all aspects of the approval procedure and for ensuring conformity of production, whether or not he is directly involved in all stages of the construction of a vehicle, system, component or separate technical unit. |
deleted |
Amendment 121
Proposal for a regulation
Article 11 — paragraph 6 a (new)
Text proposed by the Commission |
Amendment |
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6a. The manufacturer shall, to protect the environment, health and safety of consumers, investigate and keep a register of complaints and non-conformities of vehicles, systems, components, separate technical units, parts or equipment that he placed on the market and keep his importers and distributors informed of such monitoring. |
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If the number of complaints and non- conformities concerning safety or emission related equipment exceed 30 cases or 1 per cent of the total of vehicles, which ever value is lower, systems, components, separate technical units, parts or equipment of a particular type, variant and/or version that have been placed on the market, detailed information shall be sent to the relevant approval authority responsible for the vehicle, system, component, separate technical unit, part or equipment as well as to the Commission without delay. |
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The information shall contain a description of the issue and details necessary to identify the affected type, variant and version of the vehicle, system, component, separate technical unit, part or equipment. This early warning data shall be used for identifying potential trends in consumer complaints and investigating the need for manufacturer initiated recalls and market surveillance activities by Member States and the Commission. |
Amendment 122
Proposal for a regulation
Article 11 — paragraph 7 a (new)
Text proposed by the Commission |
Amendment |
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7a. The manufacturer shall ensure that the vehicle user, upon prior information, agrees to the processing and transmission of all data being generated while using the vehicle in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (1a) . Where the data-processing and forwarding is not mandatory for the safe functioning of the vehicle, the manufacturer shall ensure that the vehicle user has the option of disconnecting the data transfer and that he or she is able to do it easily. |
Amendment 123
Proposal for a regulation
Article 12 — paragraph 1 — subparagraph 1
Text proposed by the Commission |
Amendment |
A manufacturer who considers that a vehicle, system, component, separate technical unit, or part or equipment that has been placed on the market or entered into service is not in conformity with this Regulation or that the type approval has been granted on the basis incorrect data, shall immediately take the appropriate measures necessary to bring that vehicle, system, component, separate technical unit, part or equipment into conformity, to withdraw it from the market or to recall it, as appropriate. |
Where a manufacturer considers that a vehicle, system, component, separate technical unit, or part or equipment that has been placed on the market or entered into service is not in conformity with this Regulation or that the type approval has been granted on the basis of incorrect data, the manufacturer shall immediately take the appropriate measures necessary to bring that vehicle, system, component, separate technical unit, part or equipment into conformity, to withdraw it from the market or to recall it, as appropriate. |
Amendment 124
Proposal for a regulation
Article 12 — paragraph 2
Text proposed by the Commission |
Amendment |
2. Where the vehicle, system, component, separate technical unit, part or equipment presents a serious risk, the manufacturer shall immediately provide detailed information on the non-conformity and on any measures taken to the approval and market surveillance authorities of the Member States in which the vehicle, system, component, separate technical unit, part or equipment has been made available on the market or has entered into service to that effect. |
2. Where the vehicle, system, component, separate technical unit, part or equipment presents a serious risk, the manufacturer shall immediately provide detailed information on the non-conformity and risk and on any measures taken to the approval and market surveillance authorities of the Member States in which the vehicle, system, component, separate technical unit, part or equipment has been made available on the market or has entered into service to that effect. |
Amendment 125
Proposal for a regulation
Article 12 — paragraph 3 — subparagraph 1
Text proposed by the Commission |
Amendment |
The manufacturer shall keep the information package referred to in Article 24(4) for a period of ten years after the placing on the market of a vehicle and for a period of five years after the placing on the market for a system, component or separate technical unit. |
The manufacturer shall keep the information package referred to in Article 24(4) and in addition the vehicle manufacturer shall keep at the disposal of the approval authorities a copy of the certificates of conformity referred to in Article 34 for a period of ten years after the end of the validity of the EU type-approval for a vehicle and for a period of five years after the end of the validity of the EU type-approval for a system, component or separate technical unit. |
Amendment 126
Proposal for a regulation
Article 12 — paragraph 3 — subparagraph 2
Text proposed by the Commission |
Amendment |
The vehicle manufacturer shall keep at the disposal of the approval authorities a copy of the certificates of conformity referred to in Article 34. |
deleted |
Amendment 127
Proposal for a regulation
Article 12 — paragraph 4 — subparagraph 1
Text proposed by the Commission |
Amendment |
The manufacturer shall, upon a reasoned request from a national authority, provide that authority, through the approval authority, with a copy of the EU type-approval certificate or the authorisation referred to in Article 55(1) demonstrating conformity of the vehicle, system, component or separate technical unit, in a language that can be easily understood by the national authority . |
The manufacturer shall, upon a reasoned request from a national authority or the Commission , provide that authority or the Commission , through the approval authority, with a copy of the EU type-approval certificate or the authorisation referred to in Article 55(1) demonstrating conformity of the vehicle, system, component or separate technical unit, part or equipment in a language that can be easily understood. |
Amendment 128
Proposal for a regulation
Article 12 — paragraph 4 — subparagraph 2
Text proposed by the Commission |
Amendment |
The manufacturer shall, following a reasoned request from a national authority, cooperate with that authority on any action taken in accordance with Article 20 of Regulation (EC) No 765/2008 to eliminate the risks posed by the vehicle, system, component, separate technical unit, part or equipment that he has made available on the market. |
The manufacturer shall, following a reasoned request from a national authority or the Commission , cooperate with that authority or Commission on any action taken in accordance with Article 20 of Regulation (EC) No 765/2008 to eliminate the risks posed by the vehicle, system, component, separate technical unit, part or equipment that he has made available on the market. |
Amendment 129
Proposal for a regulation
Article 13 — title
Text proposed by the Commission |
Amendment |
Obligations of manufacturer’s representatives concerning market surveillance |
Obligations of manufacturer’s representatives |
Amendment 130
Proposal for a regulation
Article 13 — paragraph 1 — introductory part
Text proposed by the Commission |
Amendment |
1. The manufacturer’s representative for market surveillance shall perform the tasks specified in the mandate received from the manufacturer. That mandate shall provide for that representative to do at least the following: |
1. The manufacturer’s representative shall perform the tasks specified in the mandate received from the manufacturer. That mandate shall provide for that representative to do at least the following: |
Amendment 131
Proposal for a regulation
Article 13 — paragraph 1 — point a
Text proposed by the Commission |
Amendment |
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Amendment 132
Proposal for a regulation
Article 13 — paragraph 1 — point b
Text proposed by the Commission |
Amendment |
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Amendment 133
Proposal for a regulation
Article 13 — paragraph 3 — introductory part
Text proposed by the Commission |
Amendment |
3. The details of a change shall address at least the following aspects: |
3. The details of a change to the mandate shall address at least the following aspects: |
Amendment 134
Proposal for a regulation
Article 14 — paragraph 2 — subparagraph 1
Text proposed by the Commission |
Amendment |
Before placing on the market a type-approved vehicle, system, component or separate technical unit, the importer shall verify that an information package referred to in Article 24(4) has been put together by the approval authority, and that the system, component or separate technical unit bears the required type-approval mark and complies with Article 11(7). |
Before placing on the market a type-approved vehicle, system, component or separate technical unit, the importer shall verify that it is covered by a valid type-approval certificate and that the component or separate technical unit bears the required type-approval mark and complies with Article 11(7). |
Amendment 135
Proposal for a regulation
Article 14 — paragraph 3
Text proposed by the Commission |
Amendment |
3. Where the importer considers that a vehicle, system, component or separate technical unit is not in conformity with the requirements of this Regulation, and in particular that it does not correspond to its type-approval, he shall not place on the market, allow to enter into service or register the vehicle, system, component or separate technical unit, until it has been brought into conformity. Where he considers that the vehicle, system, component, separate technical unit, part or equipment presents a serious risk, he shall inform the manufacturer and the market surveillance authorities thereof. For type-approved vehicles, systems, components and separate technical units, he shall also inform the approval authority that has granted the type-approval. |
3. Where the importer considers that a vehicle, system, component or separate technical unit is not in conformity with the requirements of this Regulation, and in particular where it does not correspond to its type-approval, the importer shall not place on the market, allow to enter into service or register the vehicle, system, component or separate technical unit, until it has been brought into conformity. Where he considers that the vehicle, system, component, separate technical unit, part or equipment presents a serious risk, the importer shall inform the manufacturer and the market surveillance authorities thereof. For type-approved vehicles, systems, components and separate technical units, he shall also inform the approval authority that has granted the type-approval. |
Amendment 136
Proposal for a regulation
Article 14 — paragraph 6
Text proposed by the Commission |
Amendment |
6. The importer shall, to protect the health and safety of consumers, investigate and keep a register of complaints and recalls of vehicles, systems, components, separate technical units, parts or equipment that he has placed on the market and keep his distributors informed of such monitoring . |
6. The importer shall, to protect the health and safety of consumers, investigate and keep a register of complaints , non-conformities and recalls of vehicles, systems, components, separate technical units, parts or equipment that he has placed on the market and keep his distributors informed of such complaints and recalls . |
Amendment 137
Proposal for a regulation
Article 14 — paragraph 6 a (new)
Text proposed by the Commission |
Amendment |
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6a. The importer shall immediately inform the relevant manufacturer about complaints and reports relating to risks, to suspected incidents, or to non-conformity relating to vehicles, systems, components, separate technical units, parts or equipment that he has placed on the market. |
Amendment 138
Proposal for a regulation
Article 15 — paragraph 1
Text proposed by the Commission |
Amendment |
1. Where a vehicle, system, component or separate technical unit that has been placed on the market by the importer is not in conformity with this Regulation, the importer shall immediately take the appropriate measures necessary to bring that vehicle, system, component or separate technical unit into conformity, to withdraw it from the market or to recall it, as appropriate. |
1. Where a vehicle, system, component or separate technical unit that has been placed on the market by the importer is not in conformity with this Regulation, the importer shall immediately take the appropriate measures necessary to bring that vehicle, system, component or separate technical unit into conformity under the manufacturer's control , to withdraw it from the market or to recall it, as appropriate. The importer shall also inform the manufacturer and the type-approval authority that has granted the type-approval. |
Amendment 139
Proposal for a regulation
Article 15 — paragraph 2 — subparagraph 1
Text proposed by the Commission |
Amendment |
Where a vehicle, system, component, separate technical unit, part or equipment presents a serious risk, the importer shall immediately provide detailed information on the serious risk to the manufacturer and the approval and market surveillance authorities of the Member States in which the vehicle, system, component, separate technical unit, part or equipment has been placed on the market. |
Where a vehicle, system, component, separate technical unit, part or equipment that has been placed on the market presents a serious risk, the importer shall immediately provide detailed information on the serious risk to the manufacturer and the approval and market surveillance authorities of the Member States in which the vehicle, system, component, separate technical unit, part or equipment has been placed on the market. |
Amendment 140
Proposal for a regulation
Article 16 — paragraph 1
Text proposed by the Commission |
Amendment |
A distributor shall verify, before making available on the market, registering or entering into service of a vehicle, system, component or separate technical unit, that that vehicle, system, component or separate technical unit bears the required statutory plate or type-approval mark, that it is accompanied by the required documents and by instructions and safety information, required by Article 63, in the official language or languages of the relevant Member State, and that the manufacturer and the importer have complied with the requirements set out in Article 11(7) and Article 14(4) respectively. |
1. A distributor shall verify, before making available on the market, registering or entering into service of a vehicle, system, component or separate technical unit, that that vehicle, system, component or separate technical unit bears the required statutory plate or type-approval mark, that it is accompanied by the required documents and by instructions and safety information, required by Article 63, in the official language or languages of the relevant Member State, and that the manufacturer and the importer have complied with the requirements set out in Article 11(7) and Article 14(4) respectively. |
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2. The distributer shall, to protect the environment, health and safety of consumers, investigate complaints and non-conformities of vehicles, systems, components, separate technical units, parts or equipment that he has placed on the market. Furthermore, all complaints and/or non-conformities concerning environmental or safety aspects of the vehicle shall be communicated to the importer or manufacturer without delay. |
Amendment 141
Proposal for a regulation
Article 17 — paragraph 1
Text proposed by the Commission |
Amendment |
1. Where the distributor considers that a vehicle, system, component or separate technical unit is not in conformity with the requirements of this Regulation, he shall not make available on the market, register or enter into service the vehicle, system, component or separate technical unit until it has been brought into conformity. |
1. Where the distributor considers that a vehicle, system, component or separate technical unit is not in conformity with the requirements of this Regulation, the distributor shall inform the manufacturer, the importer and the type-approval authority that has granted the type-approval of that fact and shall not place on the market, register or enter into service the vehicle, system, component or separate technical unit until it has been brought into conformity. |
Amendment 142
Proposal for a regulation
Article 17 — paragraph 2
Text proposed by the Commission |
Amendment |
2. The distributor who considers that a vehicle, system, component or separate technical unit that he has made available on the market is not in conformity with this Regulation, shall inform the manufacturer or the importer to ensure that the appropriate measures necessary to bring that vehicle, system, component or separate technical unit into conformity, to withdraw it from the market or to recall it, as appropriate, are taken in accordance with Article 12(1) or Article 15(1). |
2. Where the distributor considers that a vehicle, system, component or separate technical unit that he has made available on the market is not in conformity with this Regulation, the distributor shall inform the manufacturer, the importer and the type-approval authority that has granted the type-approval in order to ensure that the appropriate measures necessary to bring that vehicle, system, component or separate technical unit into conformity, to withdraw it from the market or to recall it, as appropriate, are taken in accordance with Article 12(1) or Article 15(1). |
Amendment 143
Proposal for a regulation
Article 17 — paragraph 3
Text proposed by the Commission |
Amendment |
3. Where the vehicle, system, component, separate technical unit, part or equipment presents a serious risk, the distributor shall immediately provide detailed information on that serious risk to the manufacturer, the importer and the approval and market surveillance authorities of the Member States in which that vehicle, system, component, separate technical unit, part or equipment has been made available on the market. The distributor shall also inform them of any action taken and give details , in particular of the serious risk and of corrective measures taken by the manufacturer. |
3. Where the vehicle, system, component, separate technical unit, part or equipment presents a serious risk, the distributor shall immediately provide detailed information on that serious risk to the manufacturer, the importer and the approval and market surveillance authorities of the Member States in which that vehicle, system, component, separate technical unit, part or equipment has been made available on the market. The distributor shall also inform them of any action taken and give details of corrective measures taken by the manufacturer. |
Amendment 144
Proposal for a regulation
Article 17 — paragraph 4
Text proposed by the Commission |
Amendment |
4. The distributor shall, following a reasoned request from a national authority, cooperate with that authority on any action taken in accordance with Article 20 of Regulation (EC) No 765/2008 to eliminate the risks posed by the vehicle, system, component, separate technical unit, part or equipment that he has made available on the market. |
4. The distributor shall, following a reasoned request from a national authority or the Commission , cooperate with that authority or the Commission on any action taken in accordance with Article 20 of Regulation (EC) No 765/2008 to eliminate the risks posed by the vehicle, system, component, separate technical unit, part or equipment that he has made available on the market. |
Amendment 145
Proposal for a regulation
Article 20 — paragraph 2
Text proposed by the Commission |
Amendment |
2. For system type-approval, component type-approval and separate technical unit type-approval only the single-step type-approval is applicable. |
2. Without prejudice to the requirements of the regulatory acts listed in Annex IV, for system type-approval, component type-approval and separate technical unit type-approval, only the single-step type-approval is applicable. |
Amendment 146
Proposal for a regulation
Article 20 — paragraph 4
Text proposed by the Commission |
Amendment |
4. The EU type-approval for the final stage of completion shall be granted only after the approval authority has verified that the type of vehicle approved at the final stage meets at the time of the approval all applicable technical requirements. Verification shall include a documentary check of all requirements covered by an EU type-approval for an incomplete type of vehicle granted in the course of a multi-stage procedure, even where granted for a different category of vehicle. |
4. The EU type-approval for the final stage of completion shall be granted only after the approval authority has verified that the type of vehicle approved at the final stage meets at the time of the approval all applicable technical requirements , in accordance with the procedures laid down in Annex XVII . Verification shall include a documentary check of all requirements covered by an EU type-approval for an incomplete type of vehicle granted in the course of a multi-stage procedure, including where granted for a different category of vehicle. It shall also include a check that the performance of the systems that were granted type-approval separately are still in conformity with those type-approvals after they have been incorporated into a whole vehicle. |
Amendment 147
Proposal for a regulation
Article 20 — paragraph 5
Text proposed by the Commission |
Amendment |
5. The choice of type-approval referred to in paragraph 1 shall not affect the applicable substantive requirements with which the approved type of vehicle has to comply with at the time of issuing of the whole-vehicle type-approval. |
5. The choice of type-approval referred to in paragraph 1 shall not affect the all applicable requirements with which the approved type of vehicle has to comply with at the time of issuing of the whole-vehicle type-approval. |
Amendment 148
Proposal for a regulation
Article 20 — paragraph 6 a (new)
Text proposed by the Commission |
Amendment |
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6a. The manufacturer shall make available to the approval authority as many vehicles, components or separate technical units as are required under the relevant regulatory acts for the performance of the required tests. |
Amendment 149
Proposal for a regulation
Article 21 — paragraph 2
Text proposed by the Commission |
Amendment |
2. Only one application may be submitted in respect of a particular type of vehicle, system, component or separate technical unit and in one Member State only. |
2. Only one application may be submitted in respect of a particular type of vehicle, system, component or separate technical unit and in one Member State only. Once the application is submitted the manufacturer shall not be permitted to interrupt the procedure and to submit another application for the same type to another approval authority or to another technical services. Furthermore, if the type-approval is refused or the test fails in a technical service the manufacturer shall not be permitted to submit another application for the same type to another approval authority or to another technical service. |
Amendment 150
Proposal for a regulation
Article 22 — paragraph 1 — point a
Text proposed by the Commission |
Amendment |
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Amendment 151
Proposal for a regulation
Article 22 — paragraph 1 — point d
Text proposed by the Commission |
Amendment |
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Amendment 152
Proposal for a regulation
Article 22 — paragraph 2
Text proposed by the Commission |
Amendment |
2. The information folder shall be supplied in an electronic format to be provided by the Commission but may also be supplied on paper . |
2. The information folder shall be supplied in an electronic format. |
Amendment 153
Proposal for a regulation
Article 23 — paragraph 1 — subparagraph 1
Text proposed by the Commission |
Amendment |
An application for a step-by-step type-approval shall, in addition to the information folder referred to in Article 22, be accompanied by the complete set of EU type-approval certificates, including the test reports, required pursuant to the applicable acts listed in Annex IV. |
An application for a step-by-step type-approval shall, in addition to the information folder referred to in Article 22, be accompanied by the complete set of EU type-approval certificates, including the test reports and documents containing information , required pursuant to the regulatory acts listed in Annex IV. |
Amendment 154
Proposal for a regulation
Article 23 — paragraph 1 — subparagraph 2
Text proposed by the Commission |
Amendment |
In case of an application for a system type-approval, component type-approval or separate technical unit type-approval, pursuant to the applicable acts listed in Annex IV, the approval authority shall have access to the information folder until the whole-vehicle type-approval is either issued or refused. |
In case of an application for a system type-approval, component type-approval or separate technical unit type-approval, pursuant to the regulatory acts listed in Annex IV, the approval authority shall have access to the information folder and information documents until the whole-vehicle type-approval is either issued or refused. |
Amendment 155
Proposal for a regulation
Article 23 — paragraph 2 — subparagraph 1
Text proposed by the Commission |
Amendment |
An application for a mixed type-approval shall, in addition to the information folder referred to in Article 22, be accompanied by the EU type-approval certificates, including the test reports, required pursuant to the applicable acts listed in Annex IV. |
An application for a mixed type-approval shall, in addition to the information folder referred to in Article 22, be accompanied by the EU type-approval certificates, including the test reports and information documents , required pursuant to the regulatory acts listed in Annex IV. |
Amendment 156
Proposal for a regulation
Article 23 — paragraph 3 — subparagraph 1 — point a
Text proposed by the Commission |
Amendment |
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Amendment 157
Proposal for a regulation
Article 23 — paragraph 3 — subparagraph 1 — point b
Text proposed by the Commission |
Amendment |
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Amendment 158
Proposal for a regulation
Article 23 — paragraph 3 — subparagraph 2
Text proposed by the Commission |
Amendment |
The information specified in points (a) and (b) may be supplied in accordance with Article 22(2). |
The information specified in points (a) and (b) shall be supplied in accordance with Article 22(2). |
Amendment 159
Proposal for a regulation
Article 23 — paragraph 4 — subparagraph 1
Text proposed by the Commission |
Amendment |
The approval authority and technical services shall have access to the software and algorithms of the vehicle. |
The approval authority and technical services shall have access to the software, hardware and algorithms of the vehicle , together with documentation or other information allowing an appropriate and relevant level of understanding of the systems, including the systems development process and systems concept, and functions of such software and hardware which enable the vehicle to comply with the requirements of this Regulation. |
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During the period of validity of the EU type-approval, access shall be granted to the software, hardware and algorithms of the vehicle in order to allow verification that the requirements of this Regulation are complied with during periodic inspection. After the expiration of the type approval certificate and in the event of non-renewal of that certificate, the access shall continue to be granted upon request. The information to be disclosed for those particular purposes is not to be such as to undermine the confidentiality of proprietary information and intellectual property. The manufacturer shall communicate to the approval authority and the technical service — in a standardised form — the version of the software governing safety-related systems and components and settings or other calibrations applied to emissions-related systems and components at the time of the application for type-approval. In order to detect subsequent unlawful changes to the software, the technical service shall be entitled to mark the software by setting corresponding parameters . |
Amendment 160
Proposal for a regulation
Article 24 — paragraph 2 — point d
Text proposed by the Commission |
Amendment |
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Amendment 161
Proposal for a regulation
Article 24 — paragraph 4 — subparagraph 2
Text proposed by the Commission |
Amendment |
The information package shall contain an index indicating clearly all the pages and the format of each document and recording chronologically the management of the EU type-approval. |
The information package may be kept electronically and shall contain an index indicating clearly all the pages and the format of each document and recording chronologically the management of the EU type-approval. |
Amendment 162
Proposal for a regulation
Article 24 — paragraph 5
Text proposed by the Commission |
Amendment |
5. The approval authority shall refuse to grant EU type-approval where it finds that a type of vehicle, system, component or separate technical unit, albeit in compliance with the applicable requirements, presents a serious risk to safety or may seriously harm the environment or public health. In that case, it shall immediately send to the approval authorities of the other Member States and to the Commission a detailed file explaining the reasons for its decision and setting out the evidence for its findings. |
5. The approval authority shall refuse to grant EU type-approval where it finds that a type of vehicle, system, component or separate technical unit, albeit in compliance with the applicable requirements, presents a risk to safety or may seriously harm the environment or public health. In that case, it shall immediately send to the approval authorities of the other Member States and to the Commission a detailed file explaining the reasons for its decision and setting out the evidence for its findings. |
Amendment 163
Proposal for a regulation
Article 24 — paragraph 6 — subparagraph 1
Text proposed by the Commission |
Amendment |
In accordance with Article 20 (4) and (5) , in the case of step-by-step, mixed and multi-stage type-approval procedures, the approval authority shall refuse to grant EU type-approval, where it finds that systems, components or separate technical units do not comply with the requirements set out in this Regulation or in the acts listed in Annex IV. |
In accordance with Article 20, in the case of step-by-step, mixed and multi-stage type-approval procedures, the approval authority shall refuse to grant EU type-approval, where it finds that systems, components or separate technical units do not comply with the requirements set out in this Regulation or in the acts listed in Annex IV. |
Amendment 164
Proposal for a regulation
Article 25 — paragraph 1
Text proposed by the Commission |
Amendment |
1. The approval authority shall, within one month of issuing or amending the EU type-approval certificate, send to the approval authorities of the other Member States and the Commission a copy of the EU type-approval certificate, together with the attachments, including the test reports referred to in Article 23, for each type of vehicle, system, component and technical unit that it has approved. That copy shall be sent by means of a common secure electronic exchange system or in the form of a secure electronic file . |
1. The approval authority shall, within one month of issuing or amending the EU type-approval certificate, submit to the online database information comprising the EU type-approval certificate, together with the attachments, including the test reports referred to in Article 23, for each type of vehicle, system, component and technical unit that it has approved. |
Amendment 165
Proposal for a regulation
Article 25 — paragraph 3
Text proposed by the Commission |
Amendment |
3. Where requested by an approval authority of another Member State or the Commission, the approval authority that has issued an EU type-approval shall, within one month of receiving that request, send to the requesting approval authority a copy of the EU type-approval certificate, together with the attachments, by means of a common secure electronic exchange system or in the form of a secure electronic file. |
deleted |
Amendment 166
Proposal for a regulation
Article 25 — paragraph 4
Text proposed by the Commission |
Amendment |
4. The approval authority shall without delay inform the approval authorities of the other Member States and the Commission of its refusal or withdrawal of any EU type-approval, stating the reasons for its decision. |
4. The approval authority shall without delay inform the approval authorities of the other Member States and the Commission of its refusal or withdrawal of any EU type-approval, stating the reasons for its decision. The approval authority shall also update this information on the online database. |
Amendment 167
Proposal for a regulation
Article 26 — paragraph 1 — point d
Text proposed by the Commission |
Amendment |
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Amendment 168
Proposal for a regulation
Article 28 — paragraph 1
Text proposed by the Commission |
Amendment |
1. Compliance with the technical requirements of this Regulation and of the regulatory acts listed in Annex IV shall be demonstrated by means of appropriate tests in accordance with the relevant regulatory acts listed in Annex IV, performed by designated technical services . |
1. For the purpose of EU type-approvals the approval authority shall verify compliance with the technical requirements of this Regulation and of the relevant regulatory acts listed in Annex IV by means of appropriate tests performed by designated technical services. |
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The format of the test reports shall comply with the general requirements laid down in Appendix 3 to Annex V . |
Amendment 169
Proposal for a regulation
Article 28 — paragraph 2
Text proposed by the Commission |
Amendment |
2. The manufacturer shall provide the approval authority with the vehicles, systems, components or separate technical units that are required under the relevant acts listed in Annex IV for the performance of the required tests. |
2. The manufacturer shall provide the relevant technical services and approval authority with the vehicles, systems, components or separate technical units that are required under the relevant acts listed in Annex IV for the performance of the required tests. |
Amendment 170
Proposal for a regulation
Article 28 — paragraph 3 a (new)
Text proposed by the Commission |
Amendment |
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3a. The required tests shall be performed in accordance with the relevant regulatory acts listed in Annex IV. Where a range of values is provided for in the test procedures set out in the relevant regulatory acts, the technical services shall be able to set the parameters and conditions used to perform the appropriate tests referred to in paragraph 1. In the case of whole vehicle type-approval, the authorities shall ensure that the vehicles selected for testing represent the worst case with respect to compliance with the respective criteria and that the vehicles selected will not lead to the attainment of results that are systematically divergent from the performance when those vehicles are operated under conditions that might reasonably be expected to be encountered in normal operation and use. |
Amendment 348
Proposal for a regulation
Article 28 — paragraph 3 b (new)
Text proposed by the Commission |
Amendment |
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3b. In order to verify compliance with Article 3(10) and Article 5(2) of Regulation (EC) No 715/2007, the Commission, type-approval authorities and technical services may diverge from the standard test procedures and range of values and shall modify conditions and parameters in a non-predictable manner, and in particular may also do so beyond the values and procedures prescribed in the regulatory acts listed in Annex IV. |
Amendment 171
Proposal for a regulation
Article 29 — paragraph 2
Text proposed by the Commission |
Amendment |
2. An approval authority that has granted a whole-vehicle type-approval shall verify a statistically relevant number of samples of vehicles and certificates of conformity on their compliance with Articles 34 and 35 and shall verify that the data in the certificates of conformity are correct. |
2. An approval authority that has granted a whole-vehicle type-approval shall verify an adequate and statistically relevant number of samples of vehicles and certificates of conformity on their compliance with Articles 34 and 35 and shall verify that the data in the certificates of conformity are correct. |
Amendment 172
Proposal for a regulation
Article 29 — paragraph 4
Text proposed by the Commission |
Amendment |
4. In order to verify that a vehicle, system, component or separate technical unit conforms to the approved type, the approval authority that has granted the EU type-approval shall carry out checks or tests required for EU type-approval, on samples taken at the premises of the manufacturer, including production facilities. |
4. In order to verify that a vehicle, system, component or separate technical unit conforms to the approved type, the approval authority that has granted the EU type-approval shall carry out checks or tests required for EU type-approval, on samples taken at the premises of the manufacturer, including production facilities. The approval authority shall carry out the first of those checks within a year from the date of issue of the certificates of conformity. The approval authority shall carry out subsequent checks at least once a year at random intervals which it shall determine. |
Amendment 173
Proposal for a regulation
Article 29 — paragraph 4 a (new)
Text proposed by the Commission |
Amendment |
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4a. When performing verification testing pursuant to paragraphs 2 and 4, an approval authority shall designate a different technical service from the one used during the original type-approval testing. |
Amendment 174
Proposal for a regulation
Article 29 — paragraph 5
Text proposed by the Commission |
Amendment |
5. An approval authority that has granted an EU type-approval and establishes that the manufacturer no longer produces the vehicles, systems, components or separate technical units in conformity with the approved type, or establishes that the certificates of conformity no longer comply with Articles 34 and 35, even though production is continued, shall take the necessary measures to ensure that the procedure for conformity of production is followed correctly or withdraw the type-approval. |
5. An approval authority that has granted an EU type-approval and that establishes that the manufacturer no longer produces the vehicles, systems, components or separate technical units in conformity with the approved type, with the requirements of this Regulation or with the requirements of the regulatory acts listed in Annex IV, or that establishes that the certificates of conformity no longer comply with Articles 34 and 35, even though production is continued, shall take the necessary measures to ensure that the arrangements for conformity of production are followed correctly or withdraw the type-approval. The approval authority may decide to take all necessary restrictive measures in accordance with Articles 53 and 54. |
Amendment 175
Proposal for a regulation
Article 30 — paragraph 1
Text proposed by the Commission |
Amendment |
1. Member States shall establish a national fee structure to cover the costs for their type-approvals and market surveillance activities as well as for the type-approval testing and conformity of production testing and inspections carried out by the technical services they have designated . |
1. Member States shall ensure that the costs for their type-approval and market surveillance activities are covered. Member States may implement a fee-based structure or may finance such activities through their national budgets, or apply a combination of both methods. Fees shall not be levied directly by technical services. |
Amendment 176
Proposal for a regulation
Article 30 — paragraph 2
Text proposed by the Commission |
Amendment |
2. Those national fees shall be levied on the manufacturers who have applied for type-approval in the Member State concerned. Fees shall not be levied directly by technical services . |
2. Where a fee-based structure is implemented, those national fees shall be levied on the manufacturers who have applied for type-approval in the Member State concerned. Where a fee-based structure applies to conformity of production, those national fees shall be levied by the Member State on the manufacturer in the Member State where the production takes place . |
Amendment 177
Proposal for a regulation
Article 30 — paragraph 3
Text proposed by the Commission |
Amendment |
3. The national fee structure shall also cover the costs for the compliance verification inspections and tests carried out by the Commission in accordance with Article 9 . These contributions shall constitute external assigned revenues for the general budget of the European Union , according to Art. 21(4) of the Financial Regulation (26) . |
3. The Commission shall ensure that the costs of the inspections and tests mandated by the Commission in accordance with Article 9 are covered. The general budget of the European Union shall be used for this purpose . |
Amendment 178
Proposal for a regulation
Article 30 — paragraph 4
Text proposed by the Commission |
Amendment |
4. Member States shall notify the details of their national fee structure to the other Member States and the Commission. The first notification shall be effected on [date of entry into force of this Regulation + 1 year]. Subsequent updates of the national fee structures shall be notified to the other Member States and to the Commission on a yearly basis. |
4. Member States shall notify the details of their financial mechanism or mechanisms to the other Member States and the Commission. The first notification shall be effected on [date of entry into force of this Regulation + 1 year]. Subsequent updates of the national fee structures shall be notified to the other Member States and to the Commission on a yearly basis. |
Amendment 179
Proposal for a regulation
Article 30 — paragraph 5
Text proposed by the Commission |
Amendment |
5. The Commission may adopt implementing acts in order to define the top-up referred to in paragraph 3 to be applied to the national fees referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2). |
deleted |
Amendment 180
Proposal for a regulation
Article 31 — paragraph 5
Text proposed by the Commission |
Amendment |
5. Where the approval authority finds that the changes in the particulars recorded in the information package are substantial, to the extent that they cannot be covered by an extension of the existing type-approval, it shall refuse to amend the EU type-approval and shall request the manufacturer to apply for a new EU type-approval. |
5. Where the approval authority finds that the changes in the particulars recorded in the information package cannot be covered by an extension of the existing type-approval, it shall refuse to amend the EU type-approval and shall request the manufacturer to apply for a new EU type-approval. |
Amendment 181
Proposal for a regulation
Article 32 — paragraph 2 — subparagraph 1 — point b a (new)
Text proposed by the Commission |
Amendment |
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Amendment 182
Proposal for a regulation
Article 33 — paragraph 1
Text proposed by the Commission |
Amendment |
1. Type-approvals for vehicles, systems, components and separate technical units shall be issued for a limited period of 5 years without the possibility of prolongation . The expiry date shall be indicated in the type-approval certificate. After the expiry of the type-approval certificate, it may be renewed upon application by the manufacturer and only where the approval authority has verified that the type of vehicle , system, component and separate technical unit complies with all the requirements of the relevant regulatory acts for new vehicles , systems, components and separate technical units of that type . |
1. Type-approvals for vehicles of categories M1 and N1 , and for systems, components and separate technical units listed in accordance with paragraph 1a, shall be issued for a limited period of seven years , and for vehicles of categories N2, N3, M2, M3 and O for a limited period of 10 years . The expiry date shall be indicated in the EU type-approval certificate. |
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Prior to the expiry of the type-approval certificate, it may be renewed upon application by the manufacturer and only where the approval authority has verified that the type of vehicle as a whole complies with all the requirements , including testing protocols, of the relevant regulatory acts for new vehicles of that approved type. Where the approval authority establishes that this subparagraph applies, it is not necessary for the tests referred to in Article 28 to be repeated. |
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In order to allow the approval authority to fulfil its tasks, the manufacturer shall submit his application at the earliest 12 months and at the latest six months before the expiry of the EU type-approval certificate . |
Amendment 183
Proposal for a regulation
Article 33 — paragraph 1 a (new)
Text proposed by the Commission |
Amendment |
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1a. Type-approvals for systems, components and separate technical units shall in principle be issued for an unlimited period. Since certain systems, components and separate technical units might, by their nature or technical features, require more frequent updating, the relevant type approvals shall be issued for a limited period of seven years. The Commission is empowered to adopt delegated acts in accordance with Article 88 supplementing this Regulation by establishing a list of systems, components and separate technical units which, due to the nature of those systems, components and separate technical units, need to be issued for a limited period only. |
Amendment 184
Proposal for a regulation
Article 33 — paragraph 2 — point b
Text proposed by the Commission |
Amendment |
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Amendment 185
Proposal for a regulation
Article 34 — paragraph 4
Text proposed by the Commission |
Amendment |
(4) The person(s) authorised to sign certificates of conformity shall be employed by the manufacturer and shall be duly authorised to fully engage the legal responsibility of the manufacturer with respect to the design and the construction of the vehicle or to the conformity of its production. |
(4) The person(s) authorised to sign certificates of conformity shall be employed by the manufacturer and shall be duly authorised to engage the legal responsibility of the manufacturer with respect to the design and the construction of the vehicle or to the conformity of its production. |
Amendment 186
Proposal for a regulation
Article 36 — paragraph 3 a (new)
Text proposed by the Commission |
Amendment |
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3a. Economic operators shall only place on the market vehicles, components or separate technical units which are marked in a way that complies with this Regulation. |
Amendment 187
Proposal for a regulation
Article 38 — paragraph 3
Text proposed by the Commission |
Amendment |
3. Where the necessary steps to adapt the regulatory acts referred to in paragraph 1 have not been taken, the Commission may authorise the extension of the provisional EU type-approval by means of a decision and at the request of the Member State that granted the provisional EU type-approval. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2). |
3. Where the necessary steps to adapt the regulatory acts referred to in paragraph 1 have not been taken, the Commission may authorise the extension of the validity of the provisional EU type-approval by means of a decision and at the request of the Member State that granted the provisional EU type-approval. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2). |
Amendment 188
Proposal for a regulation
Article 40 — paragraph 2
Text proposed by the Commission |
Amendment |
2. Member States may decide to exempt any type of vehicle referred to in paragraph 1 from one or more of the substantive requirements laid down in the regulatory acts listed in Annex IV, provided that those Member States lay down relevant alternative requirements. |
2. Member States may decide to exempt any type of vehicle referred to in paragraph 1 from compliance with one or more of the requirements laid down in the regulatory acts listed in Annex IV, provided that those Member States lay down relevant alternative requirements. |
Amendment 189
Proposal for a regulation
Article 40 — paragraph 2 a (new)
Text proposed by the Commission |
Amendment |
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2a. In addition, more flexibility shall be granted to SMEs with small production that are unable to meet the same time-constraint criteria as large manufacturers. |
Amendment 190
Proposal for a regulation
Article 41 — paragraph 3 — subparagraph 2 a (new)
Text proposed by the Commission |
Amendment |
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Where no objection has been raised within the period of three months referred to in the first sub-paragraph the national type-approval shall be considered to have been accepted. |
Amendment 191
Proposal for a regulation
Article 42 — paragraph 1
Text proposed by the Commission |
Amendment |
1. Member States shall grant an EU individual vehicle approval for a vehicle that complies with the requirements set out in Appendix 2 to Part I of Annex IV or, for special purpose vehicles, in Part III of Annex IV. |
1. Member States shall grant an EU individual vehicle approval for a vehicle that complies with the requirements set out in Appendix 2 to Part I of Annex IV or, for special purpose vehicles, in Part III of Annex IV. This provision shall not apply to incomplete vehicles. |
Amendment 192
Proposal for a regulation
Article 42 — paragraph 2
Text proposed by the Commission |
Amendment |
2. An application for an EU individual vehicle approval shall be submitted by the manufacturer, or by the owner of the vehicle, or by the representative of the latter , provided that that representative is established within the Union. |
2. An application for an EU individual vehicle approval shall be submitted by the owner of the vehicle, the manufacturer, or by the representative of the manufacturer , provided that that representative is established within the Union. |
Amendment 193
Proposal for a regulation
Article 43 — paragraph 1
Text proposed by the Commission |
Amendment |
1. Member States may decide to exempt a particular vehicle, whether unique or not, from compliance with one or more of the provisions of this Regulation or with the substantive requirements laid down in the regulatory acts listed in Annex IV, provided that those Member States impose relevant alternative requirements. |
1. Member States may decide to exempt a particular vehicle, whether unique or not, from compliance with one or more of the provisions of this Regulation or with the requirements laid down in the regulatory acts listed in Annex IV, provided that those Member States impose relevant alternative requirements. |
Amendment 194
Proposal for a regulation
Article 43 — paragraph 2
Text proposed by the Commission |
Amendment |
2. An application for national individual vehicle approval shall be submitted by the manufacturer, or by the owner of the vehicle, or by the representative of the latter , provided that that representative is established within Union. |
2. An application for national individual vehicle approval shall be submitted by the owner of the vehicle, the manufacturer or by the representative of the manufacturer , provided that that representative is established within Union. |
Amendment 195
Proposal for a regulation
Article 43 — paragraph 6 — subparagraph 1
Text proposed by the Commission |
Amendment |
The format of the national individual vehicle approval certificate shall follow the template of the EU type-approval certificate set out in Annex VI and shall contain at least the information necessary to apply for the registration provided for in Council Directive 1999/37/EC (28). |
The format of the national individual vehicle approval certificate shall follow the template of the EU type-approval certificate set out in Annex VI and shall contain at least the information included in the template of the EU individual approval certificate set out in Annex VI . |
Amendment 196
Proposal for a regulation
Article 44 — paragraph 3
Text proposed by the Commission |
Amendment |
3. A Member State shall permit a vehicle for which another Member State has granted a national individual vehicle approval in accordance with Article 43 to be made available on the market, registered or entered into service, unless that Member State has reasonable grounds to believe that the relevant alternative requirements against which the vehicle has been approved are not equivalent to its own. |
3. A Member State shall permit a vehicle for which another Member State has granted a national individual vehicle approval in accordance with Article 43 to be made available on the market, registered or entered into service, unless that Member State has reasonable grounds to believe that the relevant alternative requirements against which the vehicle has been approved are not equivalent to its own or that the vehicle does not comply with those requirements . |
Amendment 197
Proposal for a regulation
Article 45 — paragraph 1
Text proposed by the Commission |
Amendment |
1. The procedures set out in Articles 43 and 44 may apply to a particular vehicle during the successive stages of its completion in accordance with a multi-stage type-approval. |
1. The procedures set out in Articles 42 and 43 may apply to a particular vehicle during the successive stages of its completion in accordance with a multi-stage type-approval. For vehicles approved in multi-stage type-approval Annex XVII shall apply. |
Amendment 198
Proposal for a regulation
Article 45 — paragraph 2
Text proposed by the Commission |
Amendment |
2. The procedures set out in Articles 43 and 44 may not replace an intermediate stage within the normal sequence of a multi-stage type- approval and may not apply for the purposes of obtaining the first-stage approval of a vehicle. |
2. The procedures set out in Articles 42 and 43 shall not replace an intermediate stage within the normal sequence of a multi-stage type- approval and shall not apply for the purposes of obtaining the first-stage approval of a vehicle. |
Amendment 199
Proposal for a regulation
Article 46 — paragraph 1 — subparagraph 2
Text proposed by the Commission |
Amendment |
Incomplete vehicles may be made available on the market or entered into service , but the national authorities responsible for vehicle registration may refuse the registration and the use on the road of such vehicles. |
Incomplete vehicles may be made available on the market, but the national authorities responsible for vehicle registration may refuse the registration , the entry into service and the use on the road of such vehicles. |
Amendment 201
Proposal for a regulation
Article 47 — paragraph 1 — subparagraph 2
Text proposed by the Commission |
Amendment |
The first subparagraph shall only apply to vehicles that were already on the territory of the Union and had not yet been made available on the market nor registered or entered into service before their EU type-approval lost its validity. |
The first subparagraph shall only apply to vehicles that were already on the territory of the Union and had not yet been registered or entered into service before their EU type-approval lost its validity. |
Amendment 202
Proposal for a regulation
Article 47 — paragraph 3 — subparagraph 1
Text proposed by the Commission |
Amendment |
A manufacturer wishing to make available on the market, register or enter into service end-of-series vehicles in accordance with paragraph 1 shall submit a request for that purpose to the national authority of the Member State that granted the EU type-approval. That request shall specify any technical or economic reasons preventing those vehicles from complying with the new type-approval requirements and shall include the VIN of the vehicles concerned. |
A manufacturer wishing to make available on the market, register or enter into service end-of-series vehicles in accordance with paragraph 1 shall submit a request for that purpose to the type approval authority of the Member State that granted the EU type-approval. That request shall specify any technical or economic reasons preventing those vehicles from complying with the new type-approval requirements and shall include the VIN of the vehicles concerned. |
Amendment 203
Proposal for a regulation
Article 47 — paragraph 3 — subparagraph 2
Text proposed by the Commission |
Amendment |
The national authority concerned shall decide, within three months of receipt of that request, whether to permit the placing on the market, registration and entry into service of those vehicles within the territory of the Member State concerned and determine the number of vehicles in respect of which permission may be granted. |
The national type-approval authority concerned shall decide, within three months of receipt of that request, whether to permit the placing on the market, registration and entry into service of those vehicles within the territory of the Member State concerned and determine the number of vehicles in respect of which permission may be granted. |
Amendment 204
Proposal for a regulation
Article 47 — paragraph 4
Text proposed by the Commission |
Amendment |
4. Only end-of-series vehicles with a valid certificate of conformity that has remained valid for at least three months after its date of issue, but for which the type-approval has become invalid pursuant to point (a) of Article 33(2), may be made available on the market, registered or entered into service in the Union. |
4. Only end-of-series vehicles with a valid certificate of conformity that has remained valid for at least three months after its date of issue, but for which the type-approval has become invalid pursuant to point (a) of Article 33(2), may be registered or entered into service in the Union. |
Amendment 205
Proposal for a regulation
Article 47 — paragraph 6
Text proposed by the Commission |
Amendment |
6. Member States shall keep records of the VIN of the vehicles that they permitted to be made available on the market, registered or entered into service in accordance with this Article. |
6. Member States shall keep records of the VIN of the vehicles that they registered or entered into service in accordance with this Article. |
Amendment 206
Proposal for a regulation
Article 49 — title
Text proposed by the Commission |
Amendment |
Procedure for dealing with vehicles, systems, components or separate technical units presenting a serious risk at national level |
National evaluation regarding vehicles, systems, components or separate technical units suspected of presenting a serious risk or of being non-compliant |
Amendment 207
Proposal for a regulation
Article 49 — paragraph 1
Text proposed by the Commission |
Amendment |
1. Market surveillance authorities of one Member State that have taken action pursuant to Article 20 of Regulation (EC) No 765/2008 and Article 8 of this Regulation, or that have sufficient reason to believe that a vehicle, system, component or separate technical unit covered by this Regulation presents a serious risk to the health or safety of persons or to other aspects of the protection of public interests covered by this Regulation, shall inform without delay the approval authority that granted the approval about its findings . |
1. Where, based on the market surveillance activities or on information provided by an approval authority, manufacturers or complaints, the market surveillance authorities of one Member State have reasons to believe that a vehicle, system, component or separate technical unit covered by this Regulation presents a serious risk to the health or safety of persons or to other aspects of the protection of public interests covered by this Regulation or does not comply with the requirements laid down in this Regulation, those market surveillance authorities shall carry out an evaluation in relation to the vehicle, system, component or separate technical unit concerned covering all the requirements laid down in this Regulation. The relevant economic operators shall cooperate fully with the market surveillance authorities . |
Amendment 208
Proposal for a regulation
Article 49 — paragraph 2 — subparagraph 1
Text proposed by the Commission |
Amendment |
The approval authority referred to in paragraph 1 shall carry out an evaluation in relation to the vehicle, system, component or separate technical unit concerned covering all the requirements laid down in this Regulation. The relevant economic operators shall cooperate fully with the approval and market surveillance authorities. |
deleted |
Amendment 209
Proposal for a regulation
Article 49 — paragraph 2 — subparagraph 1 a (new)
Text proposed by the Commission |
Amendment |
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Article 20 of Regulation (EC) No 765/2008 shall apply to the risk assessment of the product. |
Amendment 210
Proposal for a regulation
Article 49 — paragraph 2 — subparagraph 3
Text proposed by the Commission |
Amendment |
Article 21 of Regulation (EC) No 765/2008 shall apply to the restrictive measures referred to in the second subparagraph. |
deleted |
Amendment 211
Proposal for a regulation
Article 49 — paragraph 3
Text proposed by the Commission |
Amendment |
3. The relevant approval authority shall inform the Commission and the other Member States of the results of the evaluation referred to in paragraph 1 and the action required of the economic operator. |
deleted |
Amendment 212
Proposal for a regulation
Article 49 a (new)
Text proposed by the Commission |
Amendment |
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Article 49a |
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National procedure for dealing with vehicles, systems, components or separate technical units presenting a serious risk or non-compliant |
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1. Where, after performing the evaluation pursuant to Article 49, the Market surveillance authorities of one Member State find that a vehicle, system, component or separate technical unit presents a serious risk to the health or safety of persons or to other aspects of the protection of public interests covered by this Regulation or is not compliant with this Regulation, it shall require without delay the relevant economic operator to take all appropriate corrective measures to ensure that the vehicle, system, component or separate technical unit concerned, when placed on the market, registered or entered into service, no longer presents that risk or this non-compliance. |
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2. The economic operator shall, in accordance with the obligations referred to in Articles 11 to 19, ensure that all appropriate corrective measures are taken in respect of all concerned vehicles, systems, components or separate technical units that it has placed on the market, registered or has entered into service in the Union |
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3. Where the economic operator does not take adequate corrective measures within the period referred to in paragraph 1 or where the risk requires a rapid action, the national authorities shall take all appropriate provisional restrictive measures to prohibit or restrict the making available on the market, registration or entry into service of the concerned vehicles, systems, components or separate technical units on their national market, or to withdraw them from that market or to recall them. |
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Article 21 of Regulation (EC) No 765/2008 shall apply to the restrictive measures referred to in this paragraph. |
Amendment 213
Proposal for a regulation
Article 50 — title
Text proposed by the Commission |
Amendment |
Notification and objection procedures related to restrictive measures taken at national level |
Corrective and restrictive measures at EU level |
Amendment 214
Proposal for a regulation
Article 50 — paragraph 1 — subparagraph 1
Text proposed by the Commission |
Amendment |
The national authorities shall inform the Commission and the other Member States without delay of the restrictive measures taken in accordance with Article 49(1) and (5) . |
The Member State taking corrective measures and restrictive measures in accordance with Article 50(1) and (3) shall notify the Commission and the other Member States without delay by means of the electronic system referred to in Article 22 of Regulation (EC) No 765/2008. That Member State shall also inform without delay the approval authority that granted the approval about its findings . |
Amendment 215
Proposal for a regulation
Article 50 — paragraph 1 — subparagraph 2
Text proposed by the Commission |
Amendment |
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The information provided shall include all available details, in particular the data necessary for the identification of the non-compliant vehicle, system, component or separate technical unit, its origin, the nature of the non-conformity alleged and the risk involved, the nature and duration of the national restrictive measures taken, and the arguments put forward by the relevant economic operator. |
2. The information provided shall include all available details, in particular the data necessary for the identification of the concerned vehicle, system, component or separate technical unit, its origin, the nature of the non-compliance and/or risk involved, the nature and duration of the national corrective and restrictive measures taken, and the arguments put forward by the relevant economic operator. It shall also indicate whether the risk is due to either of the following: |
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Amendment 216
Proposal for a regulation
Article 50 — paragraph 2
Text proposed by the Commission |
Amendment |
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2. The approval authority referred to in Article 49(1) shall indicate whether the nonconformity is due to either of the following: |
deleted |
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Amendment 217
Proposal for a regulation
Article 50 — paragraph 3
Text proposed by the Commission |
Amendment |
3. Member States other than the Member State initiating the procedure shall inform within one month of the receipt of the information referred to in paragraph 1 the Commission and the other Member States of any restrictive measures adopted and of any additional information at their disposal relating to the non-conformity of the vehicle, system, component or separate technical unit concerned, and, in the event of disagreement with the notified national measure, of their objections. |
deleted |
Amendment 218
Proposal for a regulation
Article 50 — paragraph 3 a (new)
Text proposed by the Commission |
Amendment |
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3a. Where, within one month after the notification referred to in paragraph 1, no objection has been raised by either another Member State or the Commission in respect of a corrective measure or restrictive measure taken by a Member State, that measure shall be deemed to be justified. The other Member States shall ensure that equivalent corrective or restrictive measures are taken without delay in respect of the vehicle, system, component or separate technical unit concerned. |
Amendment 219
Proposal for a regulation
Article 50 — paragraph 4
Text proposed by the Commission |
Amendment |
4. Where, within one month of the receipt of the information referred to in paragraph 1, an objection has been raised by either another Member State or the Commission in respect of a restrictive measure taken by a Member State, that measure shall be evaluated by the Commission in accordance with Article 51 . |
4. Where, within one month after notification referred to in paragraph 1, an objection has been raised by either another Member State or the Commission in respect of a corrective or restrictive measure taken by a Member State, or where the Commission has considered that a national measure is contrary to Union legislation, the Commission shall , without delay, consult the Member States concerned and the relevant economic operator or operators . |
Amendment 220
Proposal for a regulation
Article 50 — paragraph 5
Text proposed by the Commission |
Amendment |
5. Where, within one month of the receipt of the information referred to in paragraph 1, no objection has been raised by either another Member State or the Commission in respect of a restrictive measure taken by a Member State, that measure shall be deemed justified. The other Member States shall ensure that similar restrictive measures are taken in respect of the vehicle, system, component or separate technical unit concerned. |
5. On the basis of the results of that consultation, the Commission shall adopt implementing acts on harmonised corrective or restrictive measures at Union level. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2). |
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The Commission shall address those implementing acts to all Member States and shall immediately communicate them to the relevant economic operators. The Member States shall apply those implementing acts without delay. They shall inform the Commission accordingly. |
Amendment 221
Proposal for a regulation
Article 50 — paragraph 5 a (new)
Text proposed by the Commission |
Amendment |
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5a. Where the Commission considers that a national measure is unjustified, the Commission shall adopt implementing acts requiring the Member State concerned to withdraw or adapt the measure. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2). |
Amendment 222
Proposal for a regulation
Article 50 — paragraph 5 b (new)
Text proposed by the Commission |
Amendment |
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5b. Where the national measure is considered justified and risk of non-compliance is attributed to shortcomings in regulatory acts referred to in Annex IV, the Commission shall propose: |
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Amendment 223
Proposal for a regulation
Article 51
Text proposed by the Commission |
Amendment |
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Article 51 |
deleted |
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Union safeguard procedure |
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1. Where, during the procedure set out in Article 50(3) and (4), objections have been raised against a restrictive measure taken by a Member State, or where the Commission has considered that a national measure is contrary to Union legislation, the Commission shall evaluate without delay the national measure after having consulted the Member States and the relevant economic operator or operators. On the basis of the results of that evaluation, the Commission shall adopt a decision on whether the national measure is considered justified or not. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2). |
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The Commission shall address its decision to all Member States and shall immediately communicate it to the relevant economic operators. The Member States shall implement the Commission decision without delay and inform the Commission accordingly. |
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2. Where the Commission considers the national measure to be justified, all Member States shall take the necessary measures to ensure that the non-compliant vehicle, system, component or separate technical unit is withdrawn from their market, and shall inform the Commission accordingly. Where the Commission considers the national measure to be unjustified, the Member State concerned shall withdraw or adapt the measure, in accordance with the Commission decision referred to in paragraph 1. |
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3. Where the national measure is considered justified and is attributed to shortcomings in regulatory acts referred to in Annex IV, the Commission shall propose appropriate measures as follows: |
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Amendment 224
Proposal for a regulation
Article 51 a (new)
Text proposed by the Commission |
Amendment |
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Article 51a |
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Corrective and restrictive measures following Commission market surveillance activities |
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1. Where following checks in accordance with Article 9, the Commission finds that a vehicle, system, component or separate technical unit presents a serious risk to the health or safety of persons or to other aspects of the protection of public interests covered by this Regulation or is not compliant with this Regulation, it shall require, without delay, the relevant economic operator to take all appropriate corrective measures to ensure that the vehicle, system, component or separate technical unit concerned, when placed on the market, registered or entered into service, no longer presents that risk or this non-compliance. |
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Where the economic operator does not take adequate corrective measures within the period referred to in the first subparagraph or where the risk requires rapid action, the Commission shall adopt implementing acts setting out any Union corrective or restrictive measure that it considers to be necessary at Union level. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2). |
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The Commission shall address those implementing acts to all Member States and shall immediately communicate them to the relevant economic operators. The Member States shall apply the implementing acts without delay. They shall inform the Commission accordingly. |
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2. Where the risk or non-compliance is attributed to shortcomings in regulatory acts referred to in Annex IV, the Commission shall propose: |
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Amendment 225
Proposal for a regulation
Article 52
Text proposed by the Commission |
Amendment |
Article 52 |
deleted |
Compliant vehicles, systems, components or separate technical units that present a serious risk to safety or serious harm to health and the environment |
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1. Where, having performed an evaluation under Article 49(1), a Member State finds that vehicles, systems, components or separate technical units, although they comply with the applicable requirements or are properly marked, present a serious risk to safety or may seriously harm the environment or public health, it shall require the relevant economic operator to take all appropriate corrective measures to ensure that the vehicle, system, component or separate technical unit concerned, when placed on the market, registered or entered into service, no longer presents that risk, or it shall take restrictive measures to withdraw the vehicle, system, component or separate technical unit from the market or to recall it within a reasonable period, depending on the nature of the risk. |
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The Member State may refuse to register such vehicles until the economic operator has taken all appropriate corrective measures. |
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2. The economic operator shall ensure that appropriate corrective measures are taken in respect of all vehicles, systems, components or separate technical units referred to in paragraph 1. |
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3. The Member State shall within one month of the request referred to in paragraph 1 provide the Commission and the other Member States with all available information, in particular the data necessary for the identification of the vehicle, system, component or separate technical unit concerned, the origin and the supply chain of the vehicle, system, component or separate technical unit, the nature of the risk involved and the nature and duration of the national restrictive measures taken. |
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4. The Commission shall consult without delay the Member States and the relevant economic operator or operators and, in particular, the approval authority that granted the type-approval, and shall evaluate the national measure taken. On the basis of that evaluation, the Commission shall decide whether the national measure referred to in paragraph 1 is considered justified or not, and where necessary, propose appropriate measures. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2). |
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5. The Commission shall address its decision to all Member States and shall immediately communicate it to the relevant economic operator or operators. |
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Amendment 226
Proposal for a regulation
Article 53
Text proposed by the Commission |
Amendment |
Article 53 |
deleted |
General provisions related to non-compliant vehicles, systems, components or separate technical units |
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1. Where vehicles, systems, components or separate technical units accompanied by a certificate of conformity or bearing an approval mark do not conform to the approved type, or are not in conformity with this regulation or were approved on the basis of incorrect data, the approval authorities, market surveillance authorities or the Commission may take the necessary restrictive measures in accordance with Article 21 of Regulation (EC) No 765/2008, to prohibit or restrict the making available on the market, registration or entry into service on the market of non-compliant vehicles, systems, components or separate technical units, or to withdraw them from that market or to recall them, including the withdrawal of the type-approval by the approval authority that granted the EU type-approval, until the relevant economic operator has taken all appropriate corrective measures to ensure that vehicles, systems, components or separate technical units are brought into conformity. |
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2. For the purposes of paragraph 1, deviations from the particulars in the EU type-approval certificate or the information package shall be deemed to constitute a failure to conform to the approved type. |
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Amendment 227
Proposal for a regulation
Article 54 — title
Text proposed by the Commission |
Amendment |
Notification and objection procedures related to non-compliant vehicles, systems, components or separate technical units |
Non-compliant EU type approval |
Amendment 228
Proposal for a regulation
Article 54 — paragraph 1
Text proposed by the Commission |
Amendment |
1. Where an approval authority or market surveillance authority finds that vehicles, systems, components or separate technical units are not in conformity with this Regulation or that the type-approval has been granted on the basis of incorrect data or that vehicles, systems, components or separate technical units accompanied by a certificate of conformity or bearing an approval mark do not conform to the approved type, it may take all appropriate restrictive measures in accordance with Article 53(1) . |
1. Where an approval authority finds that a type-approval that has been granted is not compliant with this Regulation, it shall refuse to recognise such approval. It shall notify the approval authority that granted the EU type-approval, to the other Member States, as well as the Commission . |
Amendment 229
Proposal for a regulation
Article 54 — paragraph 2
Text proposed by the Commission |
Amendment |
2. The approval authority or market surveillance authority or the Commission shall also request the approval authority that granted the EU type-approval to verify that vehicles, systems, components or separate technical units in production continue to conform to the approved type or, where applicable, that vehicles, systems, components or separate technical units already placed on the market are brought back into conformity . |
2. Where within one month after the notification, the non-conformity of the type-approval is confirmed by the approval authority that granted the EU type-approval , that approval authority shall withdraw the type-approval . |
Amendment 230
Proposal for a regulation
Article 54 — paragraph 3
Text proposed by the Commission |
Amendment |
3. In the case of a whole-vehicle type-approval, where the non-conformity of a vehicle is due to a system, component or separate technical unit, the request referred to in paragraph 2 shall also be addressed to the approval authority that granted the EU type-approval for that system, component or separate technical unit. |
deleted |
Amendment 231
Proposal for a regulation
Article 54 — paragraph 4
Text proposed by the Commission |
Amendment |
4. In the case of a multi-stage type-approval, where the non-conformity of a completed vehicle is due to a system, component or separate technical unit that forms part of the incomplete vehicle or to the incomplete vehicle itself, the request referred to in paragraph 2 shall also be addressed to the approval authority that granted the EU type-approval for that system, component, separate technical unit or incomplete vehicle. |
deleted |
Amendment 232
Proposal for a regulation
Article 54 — paragraph 5
Text proposed by the Commission |
Amendment |
5. On receipt of the request referred to in paragraphs 1 to 4 the approval authority that granted the EU type-approval shall carry out an evaluation in relation to the vehicles, systems, components or separate technical units concerned covering all the requirements laid down in this Regulation. The approval authority shall also verify the data on the basis of which the approval was granted. The relevant economic operators shall fully cooperate with the approval authority. |
deleted |
Amendment 233
Proposal for a regulation
Article 54 — paragraph 6
Text proposed by the Commission |
Amendment |
6. Where non-conformity is established by the approval authority that granted the EU type-approval for a vehicle, system, component or separate technical unit, that approval authority shall require without delay the relevant economic operator to take all appropriate corrective measures to bring the vehicle, system, component or separate technical unit into compliance and where necessary the approval authority that granted the EU type-approval shall take the measures referred to in Article 53(1) as soon as possible and at the latest within one month of the date of the request. |
deleted |
Amendment 234
Proposal for a regulation
Article 54 — paragraph 7
Text proposed by the Commission |
Amendment |
7. The national authorities taking restrictive measures in accordance with Article 53(1) shall immediately inform the Commission and the other Member States. |
deleted |
Amendment 235
Proposal for a regulation
Article 54 — paragraph 8 — subparagraph 1
Text proposed by the Commission |
Amendment |
Where, within one month after the notification of the restrictive measures taken by an approval authority or a market surveillance authority in accordance with Article 53(1) , an objection has been raised by another Member State in respect of the notified restrictive measure or where the Commission establishes a non-compliance in accordance with Article 9(5) , the Commission shall consult without delay the Member States and the relevant economic operator or operators and , in particular, the approval authority that granted the type-approval , and shall evaluate the national measure taken. On the basis of that evaluation, the Commission may decide to take the necessary restrictive measures foreseen in Article 53(1) by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2) . |
Where, within one month after the notification of the refusal of the type-approval by an approval authority, an objection has been raised by the approval authority that granted the EU type-approval , the Commission shall consult without delay the Member States, in particular the approval authority that granted the type-approval and the relevant economic operator . |
Amendment 236
Proposal for a regulation
Article 54 — paragraph 8 a (new)
Text proposed by the Commission |
Amendment |
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8a. On the basis of that evaluation, the Commission shall adopt implementing acts containing its decision as to whether the refusal of the EU type-approval adopted under paragraph 1 is justified. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2). |
Amendment 237
Proposal for a regulation
Article 54 — paragraph 8 b (new)
Text proposed by the Commission |
Amendment |
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8b. Where following Commission checks in accordance with Article 9, the Commission considers that a type-approval that has been granted is not compliant with this Regulation, the Commission shall, without delay, consult the Member States and, in particular, the approval authority that granted the type-approval and the relevant economic operator. After such consultations have taken place, the Commission shall adopt implementing acts containing its decision as to whether the type-approval that has been granted is compliant with this Regulation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2). |
Amendment 238
Proposal for a regulation
Article 54 — paragraph 9
Text proposed by the Commission |
Amendment |
9. Where, within one month after the notification of the restrictive measures taken in accordance with Article 53(1), no objection has been raised by either another Member State or by the Commission in respect of a restrictive measure taken by a Member State, that measure shall be deemed justified. The other Member States shall ensure that similar restrictive measures are taken in respect of the vehicle, system, component or separate technical unit concerned. |
9. For products covered by a non-compliant type-approval that are already made available on the market, Articles 49 to 53 shall apply . |
Amendment 239
Proposal for a regulation
Article 55
Text proposed by the Commission |
Amendment |
[…] |
deleted |
Amendment 240
Proposal for a regulation
Article 56
Text proposed by the Commission |
Amendment |
[…] |
deleted |
Amendment 241
Proposal for a regulation
Article 57
Text proposed by the Commission |
Amendment |
Article 57 |
deleted |
General provisions on recall of vehicles, systems, components or separate technical units |
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1. A manufacturer who has been granted a whole-vehicle type-approval and is obliged to recall vehicles in accordance with Article 12(1), Article 15(1), Article 17(2), Article 49(1), Article 49(6), Article 51(4), Article 52(1), and Article 53(1) of this Regulation or Article 20 of Regulation (EC) No 765/2008, shall immediately inform the approval authority that granted the whole-vehicle type-approval thereof. |
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2. A manufacturer of systems, components or separate technical units, who has been granted an EU type-approval and is obliged to recall systems, components or separate technical units in accordance with Article 12(1), Article 15(1), Article 17(2), Article 49(1), Article 49(6), Article 51(4), Article 52(1), and Article 53(1) of this Regulation or Article 20 of Regulation (EC) No 765/2008, shall immediately inform the approval authority that granted the EU type-approval. |
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3. The manufacturer shall propose to the approval authority that granted the type-approval a set of appropriate remedies to bring the vehicles, systems, components or separate technical units in conformity and, where appropriate, to neutralise the serious risk referred to in Article 20 of Regulation (EC) No 765/2008. |
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The approval authority shall carry out an evaluation to verify whether the proposed remedies are sufficient and timely enough, and it shall communicate the remedies that it has approved to the approval authorities of the other Member States and to the Commission without delay. |
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Amendment 242
Proposal for a regulation
Article 58
Text proposed by the Commission |
Amendment |
[…] |
deleted |
Amendment 243
Proposal for a regulation
Article 59
Text proposed by the Commission |
Amendment |
Article 59 |
deleted |
Right to be heard of economic operators, notification of decisions and remedies available |
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1. Except in cases where immediate action is necessary for reasons of serious risk to human health, safety and the environment, the economic operator concerned shall be given the opportunity to make submissions to the national authority within an appropriate period of time before any measure pursuant to Articles 49 to 58 is adopted by the national authorities of the Member States. |
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If action has been taken without the economic operator’s being heard, the economic operator shall have the opportunity to make submissions as soon as possible and the national authority shall review the measure promptly thereafter. |
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2. Any measure adopted by the national authorities shall state the exact grounds on which it is based. |
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Where the measure is addressed to a specific economic operator, it shall be notified without delay to the economic operator concerned, who shall at the same time be informed of the remedies available under the law of the Member State concerned and of the time limits to which such remedies are subject. |
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Where the measure is of general scope, it shall be appropriately published in the national official journal or in an equivalent instrument. |
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3. Any measure adopted by the national authorities shall be immediately withdrawn or amended upon the economic operator’s demonstrating that effective corrective action has been taken. |
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Amendment 244
Proposal for a regulation
Article 60 — paragraph 3 — subparagraph 2
Text proposed by the Commission |
Amendment |
That delegated act shall specify the dates of mandatory application of the UNECE regulation or amendments thereto and include transitional provisions, where appropriate. |
That delegated act shall specify the dates of mandatory application of the UNECE regulation or amendments thereto and shall include transitional provisions, where appropriate , and, in particular, for the purposes of type-approval, first registration and entry into service of vehicles and making available on the market of systems, components and separate technical units, where these are applicable . |
Amendment 245
Proposal for a regulation
Article 63 — paragraph 1
Text proposed by the Commission |
Amendment |
1. The manufacturer shall not supply any technical information related to the particulars of the type of vehicle, system, component or separate technical unit provided for in this Regulation, or in the delegated or implementing acts adopted pursuant to this Regulation, that diverges from the particulars of the type-approved by the approval authority. |
1. The manufacturer shall not supply any technical information related to the particulars of the type of vehicle, system, component or separate technical unit provided for in this Regulation, in the delegated or implementing acts adopted pursuant to this Regulation , or in the regulatory acts listed in Annex IV , that diverges from the particulars of the type-approved by the approval authority. |
Amendment 246
Proposal for a regulation
Article 65 — paragraph 1 — subparagraph 1
Text proposed by the Commission |
Amendment |
Manufacturers shall provide to independent operators unrestricted and standardised access to vehicle OBD information, diagnostic and other equipment, tools including any relevant software and vehicle repair and maintenance information. |
Manufacturers shall provide to independent operators unrestricted, standardised and non-discriminatory access to vehicle OBD information, diagnostic and other equipment, tools including the complete references, and available downloads, of the applicable software and vehicle repair and maintenance information. Information shall be presented in an easily accessible manner in the form of machine readable and electronically processable datasets. Independent operators shall have access to the remote diagnosis services used by manufacturers and authorised dealers and repairers. |
Amendment 247
Proposal for a regulation
Article 65 — paragraph 2 — subparagraph 2
Text proposed by the Commission |
Amendment |
The vehicle OBD and the vehicle repair and maintenance information shall be made available on the websites of manufacturers using a standardised format or, if this is not feasible, due to the nature of the information, in another appropriate format. In particular, this access shall be granted in a manner which is non-discriminatory compared to the provision given or access granted to authorised dealers and repairers . |
The vehicle OBD and the vehicle repair and maintenance information shall be made available on the websites of manufacturers using a standardised format or, if this is not feasible, due to the nature of the information, in another appropriate format. For independent operators other than repairers, the information shall also be given in a machine-readable format that is capable of being electronically processed with commonly available IT tools and software and which allows independent operators to carry out the task associated with their business in the aftermarket supply chain . |
Amendment 248
Proposal for a regulation
Article 65 — paragraph 3 a (new)
Text proposed by the Commission |
Amendment |
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3a. For the purpose of vehicle OBD, diagnostics, repair and maintenance, the direct vehicle data stream shall be made available through the standardised connector as specified in UN Regulation No 83, Annex XI, Appendix 1, para 6.5.1.4 and UN Regulation No 49, Annex 9B. |
Amendment 249
Proposal for a regulation
Article 65 — paragraph 10
Text proposed by the Commission |
Amendment |
10. The Commission shall b e empowered to adopt delegated acts in accordance with Article 88 to amend and supplement Annex XVIII to take account of technical and regulatory developments or prevent misuse by updating the requirements concerning the access to vehicle OBD and vehicle repair and maintenance information and by adopting and integrating the standards referred to in paragraphs 2 and 3. |
10. The Commission is empowered to adopt delegated acts in accordance with Article 88 to amend and supplement Annex XVIII to take account of technical and regulatory developments or prevent misuse by updating the requirements concerning the access to vehicle OBD and vehicle repair and maintenance information and by adopting and integrating the standards referred to in paragraphs 2 and 3. The Commission shall be further empowered to adopt delegated acts in accordance with Article 88 to amend this Regulation by creating Annex XVIIIA in order to address technological developments in the field of digital data exchange that use a wireless wide area network, thereby ensuring that independent operators continue to enjoy direct access to in-vehicle data and resources and, in addition, ensuring competition-neutrality by technical design. |
Amendment 250
Proposal for a regulation
Article 66 — paragraph 2
Text proposed by the Commission |
Amendment |
2. The final manufacturer shall be responsible for providing to independent operators information about the whole vehicle . |
2. In the case of multi-stage type-approval, the final manufacturer shall be responsible for providing access to vehicle OBD and vehicle repair and maintenance information regarding its own manufacturing stage or stages and the link to the previous stage or stages . |
Amendment 251
Proposal for a regulation
Article 67 — paragraph 1
Text proposed by the Commission |
Amendment |
1. The manufacturer may charge reasonable and proportionate fees for access to vehicle repair and maintenance information other than the records referred to in Article 65( 8 ). Those fees shall not discourage access to that information by failing to take into account the extent to which the independent operator uses it. |
1. The manufacturer may charge reasonable and proportionate fees for access to vehicle repair and maintenance information other than the records referred to in Article 65( 9 ). Those fees shall not discourage access to that information by failing to take into account the extent to which the independent operator uses it. |
Amendment 252
Proposal for a regulation
Article 69 — paragraph 3
Text proposed by the Commission |
Amendment |
3. Where an independent operator or a trade association representing independent operators files a complaint to the approval authority on the failure of the manufacturer to comply with Articles 65 to 70, the approval authority shall carry out an audit in order to verify compliance by the manufacturer. |
3. Where an independent operator or a trade association representing independent operators files a complaint to the approval authority on the failure of the manufacturer to comply with Articles 65 to 70, the approval authority shall carry out an audit in order to verify compliance by the manufacturer. The approval authority shall request the approval authority that granted the whole vehicle type-approval to investigate the complaint and subsequently request evidence from the vehicle manufacturer that its system is in compliance with the Regulation. The results of that investigation shall be communicated within three months of the request to the national approval authority and the independent operator or trade association concerned. |
Amendment 253
Proposal for a regulation
Article 71 — paragraph 1
Text proposed by the Commission |
Amendment |
1. The type approval authority designated by the Member State in accordance with Article 7(3), hereinafter referred to as the ‘ type-approval authority’ , shall be responsible for the assessment, designation, notification and the monitoring of technical services, including, where appropriate, the subcontractors or subsidiaries of those technical services. |
1. The type approval authority designated by the Member State in accordance with Article 7(3), or the accreditation body in accordance with Regulation (EC) No 765/2008, (together, the ‘the designating body ’), shall be responsible for the assessment, designation, notification and the monitoring of technical services in the respective Member State , including, where appropriate, the subcontractors or subsidiaries of those technical services. |
Amendment 254
Proposal for a regulation
Article 71 — paragraph 2
Text proposed by the Commission |
Amendment |
2. The type-approval authority shall be established, organised and operated so as to safeguard its objectivity and impartiality and to avoid any conflicts of interests with the technical services. |
2. The designating body shall be established, organised and operated so as to safeguard its objectivity and impartiality and to avoid any conflicts of interests with the technical services. |
Amendment 255
Proposal for a regulation
Article 71 — paragraph 3
Text proposed by the Commission |
Amendment |
3. The type-approval authority shall be organised so that the notification of a technical service is done by personnel different from those who carried out the assessment of the technical service. |
3. The designating body shall be organised so that the notification of a technical service is done by personnel different from those who carried out the assessment of the technical service. |
Amendment 256
Proposal for a regulation
Article 71 — paragraph 4
Text proposed by the Commission |
Amendment |
4. The type-approval authority shall not perform any activities that technical services perform and shall not provide consultancy services on a commercial or competitive basis. |
4. The designating body shall not perform any activities that technical services perform and shall not provide consultancy services on a commercial or competitive basis. |
Amendment 257
Proposal for a regulation
Article 71 — paragraph 5
Text proposed by the Commission |
Amendment |
5. The type-approval authority shall safeguard the confidentiality of the information it obtains. |
5. The designating body shall safeguard the confidentiality of the information it obtains. |
Amendment 258
Proposal for a regulation
Article 71 — paragraph 6
Text proposed by the Commission |
Amendment |
6. The type-approval authority shall have a sufficient number of competent personnel at its disposal for the proper performance of the tasks foreseen by this Regulation |
6. The designating body shall have a sufficient number of competent personnel at its disposal for the proper performance of the tasks laid down in this Regulation. |
Amendment 259
Proposal for a regulation
Article 71 — paragraph 8
Text proposed by the Commission |
Amendment |
8. The type-approval authority shall be peer-reviewed by two type-approval authorities of other Member States every two years. |
deleted |
The Member States shall draw up the annual plan for the peer-review, ensuring an appropriate rotation in respect of reviewing and reviewed type-approval authorities, and submit it to the Commission. |
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The peer-review shall include an on-site visit to a technical service under the responsibility of the reviewed authority. The Commission may participate in the review and decide on its participation on the basis of a risk assessment analysis. |
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Amendment 260
Proposal for a regulation
Article 71 — paragraph 9
Text proposed by the Commission |
Amendment |
9. The outcome of the peer-review shall be communicated to all Member States and to the Commission and a summary of the outcome shall be made publicly available. It shall be discussed by the Forum established in Article 10 on the basis of an assessment of this outcome carried out by the Commission and issue recommendations. |
deleted |
Amendment 261
Proposal for a regulation
Article 71 — paragraph 10
Text proposed by the Commission |
Amendment |
10. The Member States shall provide information to the Commission and the other Member States on how it has addressed the recommendations in the peer-review report. |
deleted |
Amendment 262
Proposal for a regulation
Article 72 — paragraph 1 — point b
Text proposed by the Commission |
Amendment |
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Amendment 263
Proposal for a regulation
Article 72 — paragraph 3
Text proposed by the Commission |
Amendment |
3. A technical service shall be established under the national law of a Member State and have legal personality, except for an accredited in-house technical service of a manufacturer, as referred to in Article 76. |
3. A technical service shall be established under the national law of a Member State and have legal personality, except for a technical service belonging to a type-approval authority and for an accredited in-house technical service of a manufacturer, as referred to in Article 76. |
Amendment 264
Proposal for a regulation
Article 73 — paragraph 5
Text proposed by the Commission |
Amendment |
5. The personnel of a technical service shall observe professional secrecy with regard to all information obtained in carrying out their tasks under this Regulation, except in relation to the approval authority or where required by Union or national law. |
5. The personnel of a technical service shall observe professional secrecy with regard to all information obtained in carrying out their tasks under this Regulation, except in relation to the designating authority or where required by Union or national law. |
Amendment 265
Proposal for a regulation
Article 74 — paragraph 1 — introductory part
Text proposed by the Commission |
Amendment |
1. A technical service shall be capable of carrying out all the activities for which it is applying to be designated in accordance with Article 72(1). It shall demonstrate to the type approval authority that it has all of the following: |
1. A technical service shall be capable of carrying out all the activities for which it is applying to be designated in accordance with Article 72(1). It shall demonstrate to the designating authority , or, in the case of accreditation, to the national accreditation body that it has all of the following: |
Amendment 266
Proposal for a regulation
Article 75 — paragraph 1
Text proposed by the Commission |
Amendment |
1. Technical services may subcontract , with the agreement of their designating type-approval authority, some of the categories of activities for which they have been designated in accordance with Article 72(1), or have those activities carried out by a subsidiary. |
1. Technical services may, with the agreement of their designating authority, or, in the case of accreditation, of the national accreditation body, subcontract some of the categories of activities for which they have been designated in accordance with Article 72(1), or have those activities carried out by a subsidiary. |
Amendment 267
Proposal for a regulation
Article 75 — paragraph 2
Text proposed by the Commission |
Amendment |
2. Where a technical service subcontracts specific tasks from the categories of activities for which it has been designated or has recourse to a subsidiary to perform those tasks, it shall ensure that the subcontractor or the subsidiary complies with the requirements set out in Articles 73 and 74 and it shall inform the type-approval authority thereof. |
2. Where a technical service subcontracts specific tasks from the categories of activities for which it has been designated or has recourse to a subsidiary to perform those tasks, it shall ensure that the subcontractor or the subsidiary complies with the requirements set out in Articles 73 and 74 and it shall inform the designating authority , or, in the case of accreditation, the national accreditation body, thereof. |
Amendment 268
Proposal for a regulation
Article 75 — paragraph 4
Text proposed by the Commission |
Amendment |
4. Technical services shall keep at the disposal of the type approval authority the relevant documents concerning the assessment of the qualifications of the subcontractor or the subsidiary and the tasks performed by them. |
4. Technical services shall keep at the disposal of the designating authority , or, in the case of accreditation, of the national accreditation body, the relevant documents concerning the assessment of the qualifications of the subcontractor or the subsidiary and the tasks performed by them. |
Amendment 269
Proposal for a regulation
Article 75 — paragraph 4 a (new)
Text proposed by the Commission |
Amendment |
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4a. Technical services subcontractors shall be notified to the type-approval authority and their names shall be published by the Commission. |
Amendment 270
Proposal for a regulation
Article 76 — paragraph 2 — point c a (new)
Text proposed by the Commission |
Amendment |
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Amendment 271
Proposal for a regulation
Article 76 — paragraph 3
Text proposed by the Commission |
Amendment |
3. An in-house technical service does not need to be notified to the Commission for the purposes of Article 78 , but information concerning its accreditation shall be given by the manufacturer of which it forms part or by the national accreditation body to the type-approval authority at the request of that authority . |
3. An in-house technical service shall be notified to the Commission in accordance with Article 78. |
Amendment 272
Proposal for a regulation
Article 77 — paragraph - 1 (new)
Text proposed by the Commission |
Amendment |
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- 1. The applicant technical service shall submit a formal application to the type-approval authority of the Member State in which it requests to be designated in accordance with Part 4 of Appendix 2 of Annex V. The activities for which the applicant technical service is applying to be designated shall be specified in the application request in accordance with Article 72(1). |
Amendment 273
Proposal for a regulation
Article 77 — paragraph 1 — subparagraph 1
Text proposed by the Commission |
Amendment |
Before designating a technical service, the type-approval authority shall assess it in accordance with an assessment check-list that covers at least the requirements listed in Appendix 2 of Annex V. The assessment shall include an on-site assessment of the premises of the applying technical service, and, where relevant, of any subsidiary or sub-contractor, located inside or outside the Union. |
Before the type-approval authority designates a technical service, the type-approval authority or the accreditation body referred to in Article 71(1), shall assess it in accordance with a harmonised assessment check-list that covers at least the requirements listed in Appendix 2 of Annex V. The assessment shall include an on-site assessment of the premises of the applying technical service, and, where relevant, of any subsidiary or sub-contractor, located inside or outside the Union. |
Amendment 274
Proposal for a regulation
Article 77 — paragraph 1 — subparagraph 2
Text proposed by the Commission |
Amendment |
Representatives of the type-approval authorities of at least two other Member States shall , in coordination with the type-approval authority of the Member State in which the applicant technical service is established, and together with a representative of the Commission , form a joint assessment team and participate in the assessment of the applicant technical service, including the on-site assessment. The designating type-approval authority of the Member State where the applicant technical service is established shall give those representatives timely access to the documents necessary to assess the applicant technical service . |
1b. In cases where the assessment is performed by the type-approval authority, a representative from the Commission shall participate in a joint assessment team with the designating authority which shall carry out the assessment of the applicant technical service , including the on-site assessment. In order to perform this task, the Commission shall use independent auditors contracted as third parties following an open call for tenders. The auditors shall carry out their duties independently and impartially. Auditors shall respect confidentiality in order to protect commercial secrets in accordance with applicable law. The Member States shall give all necessary assistance and provide all documentation and support that the auditors request to enable them to carry out their duties. The Member States shall ensure that the auditors have access to all premises or parts of premises and to information, including computing systems and software, relevant to the execution of their duties . |
(At the beginning of Article 77, the order of the paragraphs is changed and the paragraphs are renumbered)
Amendment 275
Proposal for a regulation
Article 77 — paragraph 1 a (new)
Text proposed by the Commission |
Amendment |
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1a. In cases where the assessment is carried out by an accreditation body the applicant technical service shall deliver to the type-approval authority a valid accreditation certificate and the corresponding evaluation report proving the fulfilment of the requirements set out in Appendix 2 of Annex V for the activities for which the applicant technical service is applying to be designated. |
(At the beginning of Article 77, the order of the paragraphs is changed and the paragraphs are renumbered)
Amendment 276
Proposal for a regulation
Article 77 — paragraph 1 c (new)
Text proposed by the Commission |
Amendment |
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1c. Where the technical service has requested to be designated by several type-approval authorities in accordance with Article 78(3), the assessment shall be carried out only once, provided that the scope of the technical service's designation has been covered in that assessment. |
(At the beginning of Article 77, the order of the paragraphs is changed and the paragraphs are renumbered)
Amendment 277
Proposal for a regulation
Article 77 — paragraph 5
Text proposed by the Commission |
Amendment |
5. The Member States shall notify to the Commission the names of the representatives of the type-approval authority to call upon for each joint assessment. |
5. The Member States shall notify to the Commission the names of the representatives of the designating authority to call upon for each joint assessment. |
Amendment 278
Proposal for a regulation
Article 77 — paragraph 7 — subparagraph 1
Text proposed by the Commission |
Amendment |
The type-approval authority shall notify the assessment report to the Commission and to designating authorities of the other Member States with documentary evidence regarding the competence of the technical service and the arrangements in place to regularly monitor the technical service and ensure that it continues to comply with the requirements of this Regulation. |
The designating authority shall notify the assessment report to the Commission and to designating authorities of the other Member States with documentary evidence regarding the competence of the technical service and the arrangements in place to regularly monitor the technical service and ensure that it continues to comply with the requirements of this Regulation. |
Amendment 279
Proposal for a regulation
Article 77 — paragraph 7 — subparagraph 2
Text proposed by the Commission |
Amendment |
The notifying type-approval authority shall furthermore submit evidence of the availability of competent personnel for monitoring the technical service in accordance with Article 71(6). |
The designating authority that notifies the assessment report shall furthermore submit evidence of the availability of competent personnel for monitoring the technical service in accordance with Article 71(6). |
Amendment 280
Proposal for a regulation
Article 77 — paragraph 8
Text proposed by the Commission |
Amendment |
8. The type-approval authorities of the other Member States and the Commission may review the assessment report and the documentary evidence, raise questions or concerns and request further documentary evidence within one month after the notification of the assessment report and the documentary evidence. |
8. The designating authorities of the other Member States and the Commission may review the assessment report and the documentary evidence, raise questions or concerns and request further documentary evidence within one month after the notification of the assessment report and the documentary evidence. |
Amendment 281
Proposal for a regulation
Article 77 — paragraph 9
Text proposed by the Commission |
Amendment |
9. The type-approval authority of the Member State where the applicant technical service is established shall respond to the questions, concerns and requests for further documentary evidence within four weeks following their receipt. |
9. The designating authority of the Member State where the applicant technical service is established shall respond to the questions, concerns and requests for further documentary evidence within four weeks following their receipt. |
Amendment 282
Proposal for a regulation
Article 77 — paragraph 10
Text proposed by the Commission |
Amendment |
10. The type-approval authorities of the other Member States or the Commission may individually or jointly address recommendations to the type-approval authority of the Member State where the applicant technical service is established within four weeks following the receipt of the response referred to in paragraph 9. That type-approval authority shall take account of the recommendations when it takes the decision on the designation of the technical service. Where that type-approval authority decides not to follow the recommendations addressed by the other Member States or the Commission, it shall give the reasons therefor within two weeks after taking its decision. |
10. The designating authorities of the other Member States or the Commission may individually or jointly address recommendations to the designating authority of the Member State where the applicant technical service is established within four weeks following the receipt of the response referred to in paragraph 9. That designating authority shall take account of the recommendations when it takes the decision on the designation of the technical service. Where that designating authority decides not to follow the recommendations addressed by the other Member States or the Commission, it shall give the reasons therefor within two weeks after taking its decision. |
Amendment 283
Proposal for a regulation
Article 78 — paragraph 2 — subparagraph 1
Text proposed by the Commission |
Amendment |
Within 28 days of a notification, a Member State or the Commission may raise written objections, setting out its arguments, with regard either to the technical service or to its monitoring by the type-approval authority. When a Member State or the Commission raises objections, the effect of the notification shall be suspended. In this case, the Commission shall consult the parties involved and shall decide by means of an implementing act whether the suspension of the notification can be lifted or not. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 87(2). |
Within one month of a notification, a Member State or the Commission may raise written objections, setting out its arguments, with regard either to the technical service or to its monitoring by the designating authority. When a Member State or the Commission raises objections, the effect of the notification shall be suspended. In this case, the Commission shall consult the parties involved and shall adopt implementing acts in order to decide whether the suspension of the notification can be lifted or not. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2). |
Amendment 284
Proposal for a regulation
Article 78 — paragraph 3
Text proposed by the Commission |
Amendment |
3. The same technical service may be designated by several type-approval authorities and notified to the Commission by the Member States of those type-approval authorities, irrespective of the category or categories of activities that that technical service shall carry out in accordance with Article 72(1). |
3. The same technical service may be designated by several designating authorities and notified to the Commission by the Member States of those designating authorities, irrespective of the category or categories of activities that that technical service shall carry out in accordance with Article 72(1). |
Amendment 285
Proposal for a regulation
Article 78 — paragraph 4
Text proposed by the Commission |
Amendment |
4. Where a regulatory act listed in Annex IV requires a type-approval authority to designate a specific organisation or competent body to carry out an activity not included in the categories of activities referred to in Article 72(1), the Member State shall make the notification referred to in paragraph 1. |
4. Where a regulatory act listed in Annex IV requires a designating authority to designate a specific organisation or competent body to carry out an activity not included in the categories of activities referred to in Article 72(1), the Member State shall make the notification referred to in paragraph 1. |
Amendment 286
Proposal for a regulation
Article 79 — paragraph 1 — subparagraph 1
Text proposed by the Commission |
Amendment |
Where the type-approval authority has ascertained or has been informed that a technical service no longer complies with the requirements laid down in this Regulation, that authority shall restrict, suspend or withdraw the designation, as appropriate, depending on the seriousness of the failure to comply with those requirements. |
Where the designating authority has ascertained or has been informed that a technical service no longer complies with the requirements laid down in this Regulation, that authority shall restrict, suspend or withdraw the designation, as appropriate, depending on the seriousness of the failure to comply with those requirements. |
Amendment 287
Proposal for a regulation
Article 79 — paragraph 1 — subparagraph 2
Text proposed by the Commission |
Amendment |
The type-approval authority shall immediately inform the Commission and the other Member States of any suspension, restriction or withdrawal of a notification. |
The designating authority shall immediately inform the Commission and the other Member States of any suspension, restriction or withdrawal of a notification. |
Amendment 288
Proposal for a regulation
Article 79 — paragraph 3 — subparagraph 1
Text proposed by the Commission |
Amendment |
The type-approval authority shall inform the other type-approval authorities and the Commission when non-compliance of the technical service has an impact on type-approval certificates issued on the basis of the inspection and test reports issued by the technical service subject of the change in notification. |
The designating authority shall inform the other designating authorities and the Commission when non-compliance of the technical service has an impact on type-approval certificates issued on the basis of the inspection and test reports issued by the technical service subject of the change in notification. |
Amendment 289
Proposal for a regulation
Article 79 — paragraph 3 — subparagraph 2
Text proposed by the Commission |
Amendment |
Within two months after having notified the changes to the notification, the type-approval authority shall submit a report on its findings regarding the non-compliance to the Commission and the other type-approval authorities. Where necessary to ensure the safety of vehicles, systems, components or separate technical units already placed on the market, the designating type-approval authority shall instruct the concerned approval authorities to suspend or withdraw within a reasonable period of time, any certificates which were unduly issued. |
Within two months after having notified the changes to the notification, the designating authority shall submit a report on its findings regarding the non-compliance to the Commission and the other designating authorities. Where necessary to ensure the safety of vehicles, systems, components or separate technical units already placed on the market, the designating authority shall instruct the concerned approval authorities to suspend or withdraw within a reasonable period of time, any certificates which were unduly issued. |
Amendment 290
Proposal for a regulation
Article 79 — paragraph 4 — introductory part
Text proposed by the Commission |
Amendment |
4. The other certificates which were issued on the basis of inspection and test reports issued by the technical service for which the notification has been suspended, restricted or withdrawn shall remain valid in the following circumstances: |
4. Type-approval certificates which were issued on the basis of inspection and test reports issued by the technical service for which the notification has been suspended, restricted or withdrawn shall remain valid in the following circumstances: |
Amendment 291
Proposal for a regulation
Article 79 — paragraph 4 — point a
Text proposed by the Commission |
Amendment |
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Amendment 292
Proposal for a regulation
Article 79 — paragraph 4 — point b
Text proposed by the Commission |
Amendment |
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Amendment 293
Proposal for a regulation
Article 79 — paragraph 6
Text proposed by the Commission |
Amendment |
6. A designation as technical service can only be renewed after the type-approval authority has verified whether the technical service continues to comply with the requirements of this Regulation. That assessment shall be carried out in accordance with the procedure set out in Article 77. |
6. A designation as technical service can only be renewed after the designating authority has verified whether the technical service continues to comply with the requirements of this Regulation. That assessment shall be carried out in accordance with the procedure set out in Article 77. |
Amendment 294
Proposal for a regulation
Article 80 — paragraph 1 — subparagraph 1
Text proposed by the Commission |
Amendment |
The type-approval authority shall continuously monitor the technical services to ensure compliance with the requirements set out in Articles 72 to 76, in Articles 84 and 85 and in Appendix 2 to Annex V. |
The designating authority , or, in the case of accreditation, the national accreditation body, shall continuously monitor the technical services to ensure compliance with the requirements set out in Articles 72 to 76, in Articles 84 and 85 and in Appendix 2 to Annex V. |
Amendment 295
Proposal for a regulation
Article 80 — paragraph 1 — subparagraph 2
Text proposed by the Commission |
Amendment |
Technical services shall, on request, supply all relevant information and documents, required to enable that type-approval authority to verify compliance with those requirements. |
Technical services shall, on request, supply all relevant information and documents, required to enable that designating authority , or, in the case of accreditation, the national accreditation body, to verify compliance with those requirements. |
Amendment 296
Proposal for a regulation
Article 80 — paragraph 1 — subparagraph 3
Text proposed by the Commission |
Amendment |
Technical services shall, without delay, inform the type-approval authority of any changes, in particular regarding their personnel, facilities, subsidiaries or subcontractors, which may affect compliance with the requirements set out in Articles 72 to 76, in Articles 84 and 85 and in Appendix 2 to Annex V, or their ability to perform the conformity assessment tasks relating to the vehicles, systems, components and separate technical units for which they have been designated. |
Technical services shall, without delay, inform the designating authority , or, in the case of accreditation, the national accreditation body, of any changes, in particular regarding their personnel, facilities, subsidiaries or subcontractors, which may affect compliance with the requirements set out in Articles 72 to 76, in Articles 84 and 85 and in Appendix 2 to Annex V, or their ability to perform the conformity assessment tasks relating to the vehicles, systems, components and separate technical units for which they have been designated. |
Amendment 297
Proposal for a regulation
Article 80 — paragraph 3 — subparagraph 1
Text proposed by the Commission |
Amendment |
The type-approval authority of the Member State in which the technical service is established shall ensure that the technical service carries out its obligation laid down in paragraph 2, unless there is a legitimate reason for not doing so. |
The designating authority of the Member State in which the technical service is established shall ensure that the technical service carries out its obligation laid down in paragraph 2, unless there is a legitimate reason for not doing so. |
(The numbering in the Commission proposal is incorrect, there are two paragraphs numbered as ‘3.’)
Amendment 298
Proposal for a regulation
Article 80 — paragraph 3 — subparagraph 4
Text proposed by the Commission |
Amendment |
The technical service or the type-approval authority may request that any information transmitted to the authorities of another Member State or to the Commission shall be treated confidentially. |
The technical service or the designating authority may request that any information transmitted to the authorities of another Member State or to the Commission shall be treated confidentially. |
(The numbering in the Commission proposal is incorrect, there are two paragraphs numbered as ‘3.’)
Amendment 299
Proposal for a regulation
Article 80 — paragraph 3 — subparagraph 1
Text proposed by the Commission |
Amendment |
At least every 30 months, the type-approval authority shall assess whether each technical service under its responsibility continues to satisfy the requirements set out in Articles 72 to 76, in Articles 84 and 85 and in Appendix 2 to Annex V. This assessment shall include an on-site visit to each technical service under its responsibility. |
At least every three years, the designating authority shall assess whether each technical service under its responsibility continues to satisfy the requirements set out in Articles 72 to 76, in Articles 84 and 85 and in Appendix 2 to Annex V and shall submit an assessment to the Member State responsible . This assessment shall be carried out by a joint assessment team designated in accordance with the procedure described in Article 77(1) to (4) and shall include an on-site visit to each technical service under its responsibility. |
(The numbering in the Commission proposal is incorrect, there are two paragraphs numbered as ‘3.’)
Amendment 300
Proposal for a regulation
Article 80 — paragraph 3 — subparagraph 2
Text proposed by the Commission |
Amendment |
Within two months after finalising this assessment of the technical service, the Member States shall report to the Commission and to the other Member States on those monitoring activities. The reports shall contain a summary of the assessment which shall be made publicly available . |
The outcome of the assessment shall be communicated to all Member States and to the Commission and a summary of the outcome shall be made publicly available. It shall be discussed by the Forum established pursuant to Article 10 . |
(The numbering in the Commission proposal is incorrect, there are two paragraphs numbered as ‘3.’)
Amendment 301
Proposal for a regulation
Article 81 — paragraph 1 — subparagraph 1
Text proposed by the Commission |
Amendment |
The Commission shall investigate all cases where concerns have been brought to its attention regarding the competence of a technical service or the continued compliance by a technical service with the requirements and responsibilities to which it is subject under this Regulation. It may also commence such investigations on its own initiative. |
The Commission , working in conjunction with the type-approval authority of the Member State concerned, shall investigate all cases where concerns have been brought to its attention regarding the competence of a technical service or the continued compliance by a technical service with the requirements and responsibilities to which it is subject under this Regulation. It may also commence such investigations on its own initiative. |
Amendment 302
Proposal for a regulation
Article 81 — paragraph 2
Text proposed by the Commission |
Amendment |
2. The Commission shall consult the type-approval authority of the Member State where the technical service is established as part of the investigation referred to in paragraph 1. The type-approval authority of that Member State shall provide the Commission, upon request, with all relevant information relating to the performance and the compliance with the requirements concerning independence and competence of the technical service concerned. |
2. The Commission shall cooperate with the type-approval authority of the Member State where the technical service is established as part of the investigation referred to in paragraph 1. The type-approval authority of that Member State shall provide the Commission, upon request, with all relevant information relating to the performance and the compliance with the requirements concerning independence and competence of the technical service concerned. |
Amendment 303
Proposal for a regulation
Article 82 — paragraph 4
Text proposed by the Commission |
Amendment |
4. The exchange of information shall be co-ordinated by the Forum referred to in Article 10. |
4. The exchange of information shall be co-ordinated by the Forum established pursuant to Article 10. |
Amendment 304
Proposal for a regulation
Article 83 — paragraph 1
Text proposed by the Commission |
Amendment |
1. Where designation of a technical service is based on accreditation within the meaning of Regulation (EC) No 765/2008, Member States shall ensure that the national accreditation body that has accredited a particular technical service is kept informed by the type-approval authority on incident reports and other information that relate to matters under the control of the technical service when that information is relevant for the assessment of the performance of the technical service. |
1. Where designation of a technical service is also based on accreditation within the meaning of Regulation (EC) No 765/2008, Member States shall ensure that the national accreditation body that has accredited a particular technical service is kept informed by the type-approval authority on incident reports and other information that relate to matters under the control of the technical service when that information is relevant for the assessment of the performance of the technical service. |
Amendment 305
Proposal for a regulation
Article 84 — paragraph 2 — point a
Text proposed by the Commission |
Amendment |
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Amendment 306
Proposal for a regulation
Article 88 — paragraph 2
Text proposed by the Commission |
Amendment |
2. The power to adopt delegated acts referred to in Article 4(2), Article 5(2), Article 10(3), Article 22(3), Article 24(3), Article 25(5), Article 26(2), Article 28(5), Article 29(6), Article 34(2), Article 55(2) and (3), Article 56(2), Article 60(3), Article 65(10), Article 76(4) and Article 90(2) shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Regulation. |
2. The power to adopt delegated acts referred to in Article 4(2), Article 5(2), Article 6(7a), Article 10(3), Article 22(3), Article 24(3), Article 25(5), Article 26(2), Article 28(5), Article 29(6), Article 33(1a), Article 34(2), Article 60(3), Article 65(10), Article 76(4) and Article 90(2) shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Regulation. |
Amendment 307
Proposal for a regulation
Article 88 — paragraph 3
Text proposed by the Commission |
Amendment |
3. The delegation of power referred to in Article 4(2), Article 5(2), Article 10(3), Article 22(3), Article 24(3), Article 25(5), Article 26(2), Article 28(5), Article 29(6), Article 34(2), Article 55(2) and (3), Article 56(2), Article 60(3), Article 65(10), Article 76(4) and Article 90(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. |
3. The delegation of power referred to in Article 4(2), Article 5(2), Article 6(7a), Article 10(3), Article 22(3), Article 24(3), Article 25(5), Article 26(2), Article 28(5), Article 29(6), Article 33(1a), Article 34(2), Article 60(3), Article 65(10), Article 76(4) and Article 90(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. |
Amendment 308
Proposal for a regulation
Article 88 — paragraph 3 a (new)
Text proposed by the Commission |
Amendment |
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3a. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. |
Amendment 309
Proposal for a regulation
Article 88 — paragraph 5
Text proposed by the Commission |
Amendment |
5. A delegated act adopted pursuant to Article 4(2), Article 5(2), Article 10(3), Article 22(3), Article 24(3), Article 25(5), Article 26(2), Article 28(5), Article 29(6), Article 34(2), Article 55(2) and (3), Article 56(2), Article 60(3), Article 65(10), Article 76(4) and Article 90(2) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. |
5. A delegated act adopted pursuant to Article 4(2), Article 5(2), Article 6(7a), Article 10(3), Article 22(3), Article 24(3), Article 25(5), Article 26(2), Article 28(5), Article 29(6), Article 33(1a), Article 34(2), Article 60(3), Article 65(10), Article 76(4) and Article 90(2) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. |
Amendment 353
Proposal for a regulation
Article 89 — title
Text proposed by the Commission |
Amendment |
Penalties |
Penalties and liabilities |
Amendment 310
Proposal for a regulation
Article 89 — paragraph 1
Text proposed by the Commission |
Amendment |
1. Member States shall lay down the rules on penalties for infringement by economic operators and technical services of their obligations laid down in the Articles of this Regulation , in particular Articles 11 to 19 and 72 to 76, 84 and 85 and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. |
1. Member States shall lay down the rules on penalties for infringement by economic operators and technical services of their obligations laid down in the Articles of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. In particular the penalties shall be proportionate to the number of non-compliant vehicles registered in the market of the Member State concerned, or the number of non-compliant systems, components or separate technical unit made available on the market of the Member State concerned. |
Amendment 311
Proposal for a regulation
Article 89 — paragraph 2 — point a
Text proposed by the Commission |
Amendment |
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Amendment 312
Proposal for a regulation
Article 89 — paragraph 2 — point b
Text proposed by the Commission |
Amendment |
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Amendment 313
Proposal for a regulation
Article 89 — paragraph 2 — point c a (new)
Text proposed by the Commission |
Amendment |
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Amendment 354
Proposal for a regulation
Article 89 — paragraph 2 — point c b (new)
Text proposed by the Commission |
Amendment |
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Amendment 314
Proposal for a regulation
Article 89 — paragraph 3 — point b
Text proposed by the Commission |
Amendment |
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Amendment 315
Proposal for a regulation
Article 89 — paragraph 5
Text proposed by the Commission |
Amendment |
5. Member States shall report to the Commission every year on the penalties they have imposed. |
5. Member States shall send a notification of penalties imposed to the online database established in Article 25. Notifications shall be made within one month of the penalty being imposed. |
Amendment 355
Proposal for a regulation
Article 89 — paragraph 5 a (new)
Text proposed by the Commission |
Amendment |
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5a. Where it is established that vehicles, components, systems or separate technical units do not comply with the type-approval requirements laid down in this Regulation or any of the regulatory acts listed in Annex IV, economic operators should be liable for any damage caused to owners of affected vehicles as a result of non-compliance or following a recall. |
Amendment 316
Proposal for a regulation
Article 90 — paragraph 1 — subparagraph 1
Text proposed by the Commission |
Amendment |
Where the compliance verification by the Commission referred to in Article 9(1) and (4), or Article 54(1) reveals non-compliance of the vehicle, system, component, separate technical unit with the requirements laid down in this Regulation, the Commission may impose administrative fines upon the concerned economic operator for the infringement of this Regulation. The administrative fines provided for shall be effective, proportionate and dissuasive. In particular the fines shall be proportionate to the number of non-compliant vehicles registered in the Union market, or the number of non-compliant systems, components or separate technical unit made available on the Union market. |
Where the compliance verification by the Commission referred to in Article 9(1) and (4), or Article 54(1) or by market surveillance authorities as referred to in Article 8(1) reveals non-compliance of the vehicle, system, component, separate technical unit with the requirements laid down in this Regulation, the Commission may impose administrative fines upon the concerned economic operator for the infringement of this Regulation. The administrative fines provided for shall be effective, proportionate and dissuasive. In particular the fines shall be proportionate to the number of non-compliant vehicles registered in the Union market, or the number of non-compliant systems, components or separate technical unit made available on the Union market. |
Amendment 317
Proposal for a regulation
Article 90 — paragraph 1 — subparagraph 2
Text proposed by the Commission |
Amendment |
The administrative fines imposed by the Commission shall not be in addition to the penalties imposed by the Member States in accordance with Article 89 for the same infringement and shall not exceed EUR 30 000 per non-compliant vehicle, system, component or separate technical unit. |
The administrative fines imposed by the Commission shall not be in addition to the penalties imposed by the Member States in accordance with Article 89 for the same infringement. |
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The administrative fines imposed by the Commission shall not exceed EUR 30 000 per non-compliant vehicle, system, component or separate technical unit. |
Amendment 318
Proposal for a regulation
Article 91 — paragraph 1 — point 3 a (new)
Regulation (EC) No 715/2007
Article 5 — paragraph 2 — subparagraph 1 a (new)
Text proposed by the Commission |
Amendment |
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(3a) in Article 5, the following subparagraphs are added after paragraph 2 point (c): |
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‘Manufacturers seeking EU type-approval for a vehicle using a BES, AES or defeat device, as defined in this Regulation or Regulation (EU) 2016/646, shall provide the type-approval authority with all information, including technical justifications, that it is reasonable the type-approval authority require to assist it in determining whether the BES or AES is a defeat device and whether a derogation to the prohibition on the use of defeat devices under this Article is applicable. |
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The approval authority shall not grant EU type-approval until it has completed its assessment and has determined that the type of vehicle is not equipped with a prohibited defeat device in accordance with this Article and Regulation (EC) No 692/2008.’. |
Amendment 345
Proposal for a regulation
Article 91 — paragraph 1 — point 6
Regulation (EC) No 715/2007
Article 11a — paragraph 1 — point b a (new)
Text proposed by the Commission |
Amendment |
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Amendment 346
Proposal for a regulation
Article 91 — paragraph 1 — point 6 a (new)
Regulation (EC) No 715/2007
Article 14 a (new)
Text proposed by the Commission |
Amendment |
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(6a) The following Article 14a shall be inserted: |
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‘Article 14a |
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Review |
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The Commission shall review the emissions limits set out in Annex I with a view to improving air quality in the Union and to achieving the Union ambient air quality limits, as well as the WHO recommended levels, and shall come forward with proposals, as appropriate, for new technology-neutral Euro7 emission limits applicable by 2025 for all M1 and N1 vehicles placed on the Union market.’. |
Amendment 319
Proposal for a regulation
Annex XII — point 1 — second column
Text proposed by the Commission |
Amendment |
Units |
Units |
1 000 |
1 500 |
0 |
0 |
1 000 |
1 500 |
0 |
1 500 |
0 |
0 |
0 |
0 |
Amendment 320
Proposal for a regulation
Annex XII — point 2 — second column
Text proposed by the Commission |
Amendment |
Units |
Units |
100 |
250 |
250 |
250 |
500 until 31October 2016 |
500 until 31 October 2016 |
250 from 1 November 2016 |
250 from 1 November 2016 |
250 |
250 |
500 |
500 |
250 |
250 |
Amendment 321
Proposal for a regulation
Annex XIII — part I — table
Text proposed by the Commission
Item No |
Item description |
Performance requirement |
Test procedure |
Marking requirement |
Packaging requirements |
1 |
[…] |
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2 |
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3 |
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Amendment
Item No |
Item description |
Performance requirement |
Test procedure |
Marking requirement |
Packaging requirements |
1 |
Exhaust Gas catalysts and their substrates |
NOx emissions |
EURO standards |
Vehicle Type and version |
|
2 |
Turbochargers |
CO2 and NOx emissions |
EURO standards |
Vehicle Type and version |
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3 |
Fuel/ Air mixture Compressor systems other than Turbochargers |
CO2 and NOx emissions |
EURO standards |
Vehicle Type and version |
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4 |
Diesel Particle Filters |
PM |
EURO standards |
Vehicle Type and version |
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Amendment 322
Proposal for a regulation
Annex XVIII — point 2 — introductory part
Text proposed by the Commission |
Amendment |
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Amendment 323
Proposal for a regulation
Annex XVIII — point 2 — point 2.8
Text proposed by the Commission |
Amendment |
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Amendment 324
Proposal for a regulation
Annex XVIII — point 2 — point 2.8 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 325
Proposal for a regulation
Annex XVIII — point 6 — point 6.1 — paragraph 3
Text proposed by the Commission |
Amendment |
Information on all parts of the vehicle, with which the vehicle, as identified by the VIN and any additional criteria such as wheelbase, engine output, trim level or options, is equipped by the vehicle manufacturer and that can be replaced by spare parts offered by the vehicle manufacturer to its authorised repairers or dealers or third parties by means of reference to original equipment (OE) parts number, shall be made available in a database that is easily accessible to independent operators. |
Information on all parts of the vehicle, with which the vehicle, as identified by the VIN and any additional criteria such as wheelbase, engine output, trim level or options, is equipped by the vehicle manufacturer and that can be replaced by spare parts offered by the vehicle manufacturer to its authorised repairers or dealers or third parties by means of reference to original equipment (OE) parts number, shall be made available , in the form of machine readable and electronically processable datasets, in a database that is accessible to independent operators. |
Amendment 326
Proposal for a regulation
Annex XVIII — point 6 — point 6.3
Text proposed by the Commission |
Amendment |
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Amendment 327
Proposal for a regulation
Annex XVIII — point 6 — point 6.4
Text proposed by the Commission |
Amendment |
||||
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If reprogramming, or diagnostics, is conducted using ISO 13400 DoIP, it shall comply with the requirements of the standards referred to in the first subparagraph . |
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Where vehicle manufacturers use additional proprietary communication protocols, then these protocol specifications shall be made available to independent operators. |
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For the validation of the compatibility of the manufacturer-specific application and the vehicle communication interfaces (VCI) complying to ISO 22900-2 or SAE J2534 or TMC RP1210 , the manufacturer shall offer within six months of the granting of type approval, a validation of independently developed VCIs and the test environment, including information on the specifications of the communication protocol and the loan of any special hardware, required for a VCI manufacturer to conduct such validation himself. The conditions of Article 67(1) shall apply to fees for such validation or information and hardware. |
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Corresponding conformity compliance must be ensured either by mandating CEN to develop appropriate conformity standards or by using existing ones such as SAE J2534-3. |
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The conditions set out in Article 67(1) shall apply to fees for such validation or information and hardware. |
Amendment 328
Proposal for a regulation
Annex XVIII — point 6 — point 6.8 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 329
Proposal for a regulation
Annex XVIII — point 7 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 330
Proposal for a regulation
Annex XVIII — point 7 b (new)
Text proposed by the Commission |
Amendment |
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Amendment 331
Proposal for a regulation
Annex XVIII — appendix 2 — point 3.1.1
Text proposed by the Commission |
Amendment |
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Amendment 332
Proposal for a regulation
Annex XVIII — appendix 2 — point 3.1.2
Text proposed by the Commission |
Amendment |
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(1) The matter was referred back for interinstitutional negotiations to the committee responsible pursuant to Rule 59(4), fourth subparagraph (A8-0048/2017).
(1a) Directive 2014/45/EU of the European Parliament and of the Council of 3 April 2014 on periodic roadworthiness tests for motor vehicles and their trailers and repealing Directive 2009/40/EC (OJ L 127, 29.4.2014, p. 51).
(1a) Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (OJ L 171, 29.6.2007, p. 1).
(1a) Regulation (EU) No 1024/2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC (‘the IMI Regulation’) (OJ L 316, 14.11.2012, p. 1).
(12) Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).
(12) Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).
(1a) Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (OJ L 210, 7.8.1985, p. 29).
(1b) Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees (OJ L 171, 7.7.1999, p. 12).
(1c) Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising (OJ L 376, 27.12.2006, p. 21).
(1a) Council Directive 1999/37/EC of 29 April 1999 on the registration documents for vehicles (OJ L 138, 1.6.1999, p. 57).
(1a) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
(26) Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2015 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1–96).
(28) Council Directive 1999/37/EC of 29 April 1999 on the registration documents for vehicles (OJ L 138, 1.6.1999, p. 57).
Wednesday 5 April 2017
23.8.2018 |
EN |
Official Journal of the European Union |
C 298/280 |
P8_TA(2017)0101
Non-objection to a delegated act: Key information documents for packaged retail and insurance-based investment products
European Parliament decision to raise no objections to the Commission delegated regulation of 8 March 2017 supplementing Regulation (EU) No 1286/2014 of the European Parliament and of the Council on key information documents for packaged retail and insurance-based investment products (PRIIPs) by laying down regulatory technical standards with regard to the presentation, content, review and revision of key information documents and the conditions for fulfilling the requirement to provide such documents (C(2017)01473 — 2017/2602(DEA))
(2018/C 298/23)
The European Parliament,
— |
having regard to the Commission delegated regulation (C(2017)01473) (‘the revised delegated regulation’), |
— |
having regard to its resolution of 14 September 2016 on the Commission Delegated Regulation of 30 June 2016 supplementing Regulation (EU) No 1286/2014 of the European Parliament and of the Council on key information documents for packaged retail and insurance-based investment products (PRIIPs) by laying down regulatory technical standards with regard to the presentation, content, review and revision of key information documents and the conditions for fulfilling the requirement to provide such documents (C(2016)03999 — 2016/2816(DEA)) (1), |
— |
having regard to the Commission’s letter of 22 March 2017 asking Parliament to declare that it will raise no objections to the revised delegated regulation, |
— |
having regard to the letter of 28 March 2017 from the Committee on Economic and Monetary Affairs to the Chair of the Conference of Committee Chairs, |
— |
having regard to Article 290 of the Treaty on the Functioning of the European Union, |
— |
having regard to Regulation (EU) No 1286/2014 of the European Parliament and of the Council of 26 November 2014 on key information documents for packaged retail and insurance-based investment products (PRIIPs) (2), and in particular Article 8(5), Article 10(2), Article 13(5) and Article 31 thereof, |
— |
having regard to Regulation (EU) 2016/2340 of the European Parliament and of the Council of 14 December 2016 amending Regulation (EU) No 1286/2014 of the European Parliament and of the Council on key information documents for packaged retail and insurance-based investment products as regards the date of its application (3), |
— |
having regard to Article 13 and Article 10(1) of Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority, EBA), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (4), of Regulation (EU) No 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority, EIOPA), amending Decision No 716/2009/EC and repealing Commission Decision 2009/79/EC (5), and of Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority, ESMA), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC (6), |
— |
having regard to the letter by the Chairs of the European Supervisory Authorities (ESAs) dated 22 December 2016, following the Commission’s request by letter of 10 November 2016 on its intention to amend the draft Regulatory Technical Standards (RTS) jointly submitted by EBA, ESMA and EIOPA under Articles 8(5), 10(2) and 13(5) of Regulation (EU) No 1286/2014, |
— |
having regard to the recommendation for a decision by the Committee on Economic and Monetary Affairs, |
— |
having regard to Rule 105(6) of its Rules of Procedure, |
— |
having regard to the fact that no objections have been raised within the period laid down in the third and fourth indents of Rule 105(6) of its Rules of Procedure, which expired on 4 April 2017, |
A. |
whereas in its resolution of 14 September 2016, Parliament objected to the Commission delegated regulation of 30 June 2016 supplementing Regulation (EU) No 1286/2014 and called on the Commission to submit a revised delegated regulation which addressed its concerns expressed on the unclear treatment of multi-option PRIIPS, on the insufficient representation of the fact that retail investors may also lose money in adverse scenarios concerning certain products, and on the lack of detailed guidance as regards the use of the ‘comprehension alert’; |
B. |
whereas in its resolution of 14 September 2016, Parliament recalled that the Chair of the Committee on Economic and Monetary Affairs and Parliament’s negotiating team had sent a letter to the Commission on 30 June 2016, asking the Commission to assess whether the implementation of Regulation (EU) No 1286/2014 should be delayed; |
C. |
whereas the provisions of the revised delegated regulation are consistent with the objectives of Parliament expressed in its resolution of 14 September 2016 and during the subsequent informal dialogue as part of the preparatory work for the adoption of the revised delegated regulation; |
D. |
whereas the revised delegated regulation clarifies that manufacturers of multi-option PRIIPs which include underlying investment options that are Undertakings for Collective Investments in Transferable Securities (UCITS) or non-UCITS funds referred to in Article 32 of Regulation (EU) No 1286/2014 would not need to provide all information requested under PRIIPs and will be authorised to use UCITS key investor information documents instead as an appropriate means of providing retail investors with more detailed pre-contractual information; |
E. |
whereas, while the underlying calculations for the three performance scenarios previously included are still based on historical data, an additional fourth performance scenario has been included in the revised delegated regulation; whereas this ‘stress scenario’ is intended to set out significant unfavourable impacts of the products that are not covered in the existing ‘unfavourable scenario’; |
F. |
whereas the use of the comprehension alert was clarified by including in its scope of application those PRIIPs that are considered ‘complex products’ under Directive 2014/65/EU on markets in financial instruments and Directive (EU) 2016/97 on insurance distribution; |
G. |
whereas the proposed ‘What is this product’ section of the key information document was altered and the section on ‘What are the risks and what could I get in return’ includes a presentation of administrative costs in relation to the biometric components of insurance-based investment products; |
H. |
whereas Regulation (EU) 2016/2340 deferred the date of application of Regulation (EU) No 1286/2014 by 12 months to 1 January 2018; |
1. |
Declares that it has no objections to the revised delegated regulation; |
2. |
Instructs its President to forward this decision to the Council and the Commission. |
(1) Texts adopted, P8_TA(2016)0347.
(2) OJ L 352, 9.12.2014, p. 1.
(3) OJ L 354, 23.12.2016, p. 35.
(4) OJ L 331, 15.12.2010, p. 12.
23.8.2018 |
EN |
Official Journal of the European Union |
C 298/282 |
P8_TA(2017)0103
Certain aspects of company law ***I
European Parliament legislative resolution of 5 April 2017 on the proposal for a directive of the European Parliament and of the Council relating to certain aspects of company law (codified text) (COM(2015)0616 — C8-0388/2015 — 2015/0283(COD))
(Ordinary legislative procedure — codification)
(2018/C 298/24)
The European Parliament,
— |
having regard to the Commission proposal to the European Parliament and the Council (COM(2015)0616), |
— |
having regard to Article 294(2) and Article 50(1) and (2)(g) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0388/2015), |
— |
having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
— |
having regard to the opinion of the European Economic and Social Committee of 27 April 2016 (1), |
— |
having regard to the Interinstitutional Agreement of 20 December 1994 — Accelerated working method for official codification of legislative texts (2), |
— |
having regard to Rules 103 and 59 of its Rules of Procedure, |
— |
having regard to the report of the Committee on Legal Affairs (A8-0088/2017), |
A. |
whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance; |
1. |
Adopts its position at first reading hereinafter set out; |
2. |
Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
P8_TC1-COD(2015)0283
Position of the European Parliament adopted at first reading on 5 April 2017 with a view to the adoption of Directive (EU) 2017/… of the European Parliament and of the Council relating to certain aspects of company law (codification)
(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive (EU) 2017/1132.)
23.8.2018 |
EN |
Official Journal of the European Union |
C 298/283 |
P8_TA(2017)0104
Ratification and accession to the 2010 Protocol to the Hazardous and Noxious Substances Convention with the exception of aspects related to judicial cooperation in civil matters ***
European Parliament legislative resolution of 5 April 2017 on the draft Council decision on the ratification and accession by Member States, in the interest of the European Union, to the Protocol of 2010 to the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, with the exception of aspects related to judicial cooperation in civil matters (13806/2015 — C8-0410/2015 — 2015/0135(NLE))
(Consent)
(2018/C 298/25)
The European Parliament,
— |
having regard to the draft Council decision (13806/2015), |
— |
having regard to the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea 1996 (the ‘1996 HNS Convention’), |
— |
having regard to the Protocol of 2010 to the 1996 HNS Convention, |
— |
having regard to the request for consent submitted by the Council in accordance with Article 100(2) and Article 218(6), second subparagraph, point (a) (v), of the Treaty on the Functioning of the European Union (C8-0410/2015), |
— |
having regard to Council Decision 2002/971/EC of 18 November 2002 authorising the Member States, in the interest of the Community, to ratify or accede to the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996 (the HNS Convention) (1), |
— |
having regard to the opinion of the Court of Justice of 14 October 2014 (2), |
— |
having regard to its interim resolution of 8 June 2016 on the draft Council decision (3), |
— |
having regard to the Commission follow up of 4 October 2016 to the interim resolution, |
— |
having regard to the opinion in letter form on the appropriate legal basis for the draft Council Decision above adopted by the Committee on Legal Affairs on 19 February 2016 (4) and annexed to the interim report of the Committee on Legal Affairs (A8-0191/2016), |
— |
having regard to Rule 99(1) and (4) and Rule 108(7) of its Rules of Procedure, |
— |
having regard to the recommendation of the Committee on Legal Affairs (A8-0076/2017), |
1. |
Gives its consent to the ratification and accession by Member States, in the interest of the European Union, to the Protocol of 2010 to the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, with the exception of the aspects related to judicial cooperation in civil matters; |
2. |
Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States. |
(1) OJ L 337, 13.12.2002, p. 55.
(2) Opinion of the Court of Justice of 14 October 2014, 1/13, ECLI:EU:C:2014:2303.
(3) Texts adopted, P8_TA(2016)0259.
(4) PE576.992.
23.8.2018 |
EN |
Official Journal of the European Union |
C 298/284 |
P8_TA(2017)0105
Ratification and accession to the 2010 Protocol to the Hazardous and Noxious Substances Convention with regard to aspects related to judicial cooperation in civil matters ***
European Parliament legislative resolution of 5 April 2017 on the draft Council decision on the ratification and accession by Member States, in the interest of the European Union, to the Protocol of 2010 to the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, with regard to the aspects related to judicial cooperation in civil matters (14112/2015 — C8-0409/2015 — 2015/0136(NLE))
(Consent)
(2018/C 298/26)
The European Parliament,
— |
having regard to the draft Council decision (14112/2015), |
— |
having regard to the International Convention on Liability and Compensation for Damage in connection with the Carriage of Hazardous and Noxious Substances by Sea 1996 (the ‘1996 HNS Convention’), |
— |
having regard to the Protocol of 2010 to the 1996 HNS Convention, |
— |
having regard to the request for consent submitted by the Council in accordance with Article 81 and Article 218(6), second subparagraph, point (a) (v), of the Treaty on the Functioning of the European Union (C8-0409/2015), |
— |
having regard to Protocol No 22 on the position of Denmark annexed to the Treaties, |
— |
having regard to Council Decision 2002/971/EC of 18 November 2002 authorising the Member States, in the interest of the Community, to ratify or accede to the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996 (the HNS Convention) (1), |
— |
having regard to the opinion of the Court of Justice of 14 October 2014 (2), |
— |
having regard to its interim resolution of 8 June 2016 on the draft Council decision (3), |
— |
having regard to the Commission follow up of 4 October 2016 to the interim resolution, |
— |
having regard to Rule 99(1) and (4) and Rule 108(7) of its Rules of Procedure, |
— |
having regard to the recommendation of the Committee on Legal Affairs (A8-0078/2017), |
1. |
Gives its consent to the ratification and accession by Member States, in the interest of the European Union, to the Protocol of 2010 to the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, with regard to the aspects related to judicial cooperation in civil matters; |
2. |
Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States. |
(1) OJ L 337, 13.12.2002, p. 55.
(2) Opinion of the Court of Justice of 14 October 2014, 1/13, ECLI:EU:C:2014:2303.
(3) Texts adopted, P8_TA(2016)0260.
23.8.2018 |
EN |
Official Journal of the European Union |
C 298/285 |
P8_TA(2017)0106
Application of the provisions of the Schengen acquis relating to the Schengen Information System in Croatia *
European Parliament legislative resolution of 5 April 2017 on the proposal for a Council decision on the application of the provisions of the Schengen acquis in the area of the Schengen Information System in the Republic of Croatia (COM(2017)0017 — C8-0026/2017 — 2017/0011(NLE))
(Consultation)
(2018/C 298/27)
The European Parliament,
— |
having regard to the Commission proposal to the Council (COM(2017)0017), |
— |
having regard to Article 4(2) of the Act of Accession of 9 December 2011 (1), pursuant to which the Council consulted Parliament (C8-0026/2017), |
— |
having regard to Rule 78c of its Rules of Procedure, |
— |
having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A8-0073/2017), |
1. |
Approves the Commission proposal; |
2. |
Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
3. |
Asks the Council to consult Parliament again if it intends to substantially amend the text approved by Parliament; |
4. |
Instructs its President to forward its position to the Council and the Commission. |
23.8.2018 |
EN |
Official Journal of the European Union |
C 298/286 |
P8_TA(2017)0107
Medical devices ***II
European Parliament legislative resolution of 5 April 2017 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC (10728/4/2016 — C8-0104/2017 — 2012/0266(COD))
(Ordinary legislative procedure: second reading)
(2018/C 298/28)
The European Parliament,
— |
having regard to the Council position at first reading (10728/4/2016 — C8-0104/2017), |
— |
having regard to the opinion of the European Economic and Social Committee of 14 February 2013 (1), |
— |
having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2012)0542), |
— |
having regard to Article 294(7) of the Treaty on the Functioning of the European Union, |
— |
having regard to Rule 67a of its Rules of Procedure, |
— |
having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Food Safety (A8-0068/2017), |
1. |
Approves the Council position at first reading; |
2. |
Notes that the act is adopted in accordance with the Council position; |
3. |
Instructs its President to sign the act with the President of the Council, in accordance with Article 297(1) of the Treaty on the Functioning of the European Union; |
4. |
Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication in the Official Journal of the European Union; |
5. |
Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
(1) OJ C 133, 9.5.2013, p. 52.
(2) Texts adopted of 2 April 2014, P7_TA(2014)0266.
23.8.2018 |
EN |
Official Journal of the European Union |
C 298/287 |
P8_TA(2017)0108
In vitro diagnostic medical devices ***II
European Parliament legislative resolution of 5 April 2017 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU (10729/4/2016 — C8-0105/2017 — 2012/0267(COD))
(Ordinary legislative procedure: second reading)
(2018/C 298/29)
The European Parliament,
— |
having regard to the Council position at first reading (10729/4/2016 — C8-0105/2017), |
— |
having regard to the opinion of the European Economic and Social Committee of 14 February 2013 (1), |
— |
having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2012)0541), |
— |
having regard to Article 294(7) of the Treaty on the Functioning of the European Union, |
— |
having regard to Rule 67a of its Rules of Procedure, |
— |
having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Food Safety (A8-0069/2017), |
1. |
Approves the Council position at first reading; |
2. |
Takes note of the Commission statements annexed to this resolution; |
3. |
Notes that the act is adopted in accordance with the Council position; |
4. |
Instructs its President to sign the act with the President of the Council, in accordance with Article 297(1) of the Treaty on the Functioning of the European Union; |
5. |
Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication in the Official Journal of the European Union; |
6. |
Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
(1) OJ C 133, 9.5.2013, p. 52.
(2) Texts adopted of 2 April 2014, P7_TA(2014)0267.
ANNEX TO THE LEGISLATIVE RESOLUTION
Commission statement regarding the provisions for information and counselling in the field of genetic testing in Article 4 of the Regulation on in vitro diagnostic medical devices
No later than five years after the date of application of the Regulation and in the framework of the review of the functioning of Article 4 foreseen in Article 111 of the Regulation, the Commission will report on the Member States' experience with the implementation of the obligations in Article 4 for information and counselling in the context of use of genetic tests. In particular, the Commission will report on the different practices in place in light of the double objective pursued by the Regulation, namely to ensure a high level of patient safety and guarantee the smooth functioning of the internal market.
Commission statement regarding genetic testing used for lifestyle and wellbeing purposes
With respect to genetic tests intended for wellbeing or lifestyle purposes, the Commission stresses that devices without any medical purpose, including those which are intended to directly or indirectly maintain or improve healthy behaviours, quality of life and wellbeing of individuals, are not covered by Article 2 (Definitions) of the Regulation on in vitro diagnostic medical devices. Nonetheless, the Commission intends to monitor, on the basis of the market surveillance activities carried out by Member States, specific safety issues which might be linked to the use of these devices.
23.8.2018 |
EN |
Official Journal of the European Union |
C 298/289 |
P8_TA(2017)0109
Money market funds ***I
European Parliament legislative resolution of 5 April 2017 on the proposal for a regulation of the European Parliament and of the Council on Money Market Funds (COM(2013)0615 — C7-0263/2013 — 2013/0306(COD))
(Ordinary legislative procedure: first reading)
(2018/C 298/30)
The European Parliament,
— |
having regard to the Commission proposal to Parliament and the Council (COM(2013)0615), |
— |
having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0263/2013), |
— |
having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
— |
having regard to the opinion of the European Central Bank of 21 May 2014 (1), |
— |
having regard to the opinion of the European Economic and Social Committee of 10 December 2013 (2), |
— |
having regard to the provisional agreement approved by the responsible committee and the undertaking given by the Council representative by letter of 7 December 2016 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
— |
having regard to Rule 59 of its Rules of Procedure, |
— |
having regard to the report of the Committee on Economic and Monetary Affairs (A8-0041/2015), |
1. |
Adopts its position at first reading hereinafter set out (3); |
2. |
Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal; |
3. |
Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
(2) OJ C 170, 5.6.2014, p. 50.
(3) This position replaces the amendments adopted on 29 April 2015 (Texts adopted, P8_TA(2015)0170).
P8_TC1-COD(2013)0306
Position of the European Parliament adopted at first reading on 5 April 2017 with a view to the adoption of Regulation (EU) 2017/… of the European Parliament and of the Council on money market funds
(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2017/1131.)
23.8.2018 |
EN |
Official Journal of the European Union |
C 298/290 |
P8_TA(2017)0110
Prospectus to be published when securities are offered to the public or admitted to trading ***I
European Parliament legislative resolution of 5 April 2017 on the proposal for a regulation of the European Parliament and of the Council on the prospectus to be published when securities are offered to the public or admitted to trading (COM(2015)0583 — C8-0375/2015 — 2015/0268(COD))
(Ordinary legislative procedure: first reading)
(2018/C 298/31)
The European Parliament,
— |
having regard to the Commission proposal to Parliament and the Council (COM(2015)0583), |
— |
having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0375/2015), |
— |
having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
— |
having regard to the opinion of the European Central Bank of 17 March 2016 (1), |
— |
having regard to the opinion of the European Economic and Social Committee of 16 March 2016 (2), |
— |
after consulting the Committee of the Regions, |
— |
having regard to the provisional agreement approved by the responsible committee under Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 20 December 2016 to approve that position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
— |
having regard to Rule 59 of its Rules of Procedure, |
— |
having regard to the report of the Committee on Economic and Monetary Affairs and the opinion of the Committee on the Internal Market and Consumer Protection (A8-0238/2016), |
1. |
Adopts its position at first reading hereinafter set out (3); |
2. |
Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal; |
3. |
Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
(2) OJ C 177, 18.5.2016, p. 9.
(3) This position replaces the amendments adopted on 15 September 2016 (Texts adopted P8_TA(2016)0353).
P8_TC1-COD(2015)0268
Position of the European Parliament adopted at first reading on 5 April 2017 with a view to the adoption of Regulation (EU) 2017/… of the European Parliament and of the Council on the prospectus to be published when securities are offered to the public or admitted to trading on a regulated market, and repealing Directive 2003/71/EC
(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2017/1129.)
23.8.2018 |
EN |
Official Journal of the European Union |
C 298/291 |
P8_TA(2017)0111
Multiannual financial framework for 2014-2020 ***
European Parliament legislative resolution of 5 April 2017 on the draft Council regulation amending Regulation (EU, Euratom) No 1311/2013 laying down the multiannual financial framework for the years 2014-2020 (14942/2016 — C8-0103/2017 — 2016/0283(APP))
(Special legislative procedure — consent)
(2018/C 298/32)
The European Parliament,
— |
having regard to the Commission proposal for a Council Regulation amending Regulation (EU, Euratom) No 1311/2013 laying down the multiannual financial framework for the years 2014-2020 (COM(2016)0604), |
— |
having regard to the draft Council regulation amending Regulation (EU, Euratom) No 1311/2013 laying down the multiannual financial framework for the years 2014-2020 (14942/2016) and Council’s corrigendum (14942/2016 COR2), |
— |
having regard to the request for consent submitted by the Council in accordance with Article 312 of the Treaty on the Functioning of the European Union and Article 106a of the Treaty establishing the European Atomic Energy Community (C8-0103/2017), |
— |
having regard to the Council agreement in principle of 7 March 2017 on the revision of the multiannual financial framework 2014-2020 (1), |
— |
having regard to its resolution of 6 July 2016 on the preparation of the post-electoral revision of the MFF 2014-2020: Parliament’s input ahead of the Commission’s proposal (2), |
— |
having regard to its resolution of 26 October 2016 on the mid-term revision of the MFF 2014-2020 (3), |
— |
having regard to its non-legislative resolution of 5 April 2017 on the draft regulation (4), |
— |
having regard to Rules 86, 99(1) and (4) of its Rules of Procedure, |
— |
having regard to the recommendation of the Committee on Budgets (A8-0110/2017); |
1. |
Gives its consent to the draft Council regulation amending Regulation (EU, Euratom) No 1311/2013 laying down the multiannual financial framework for the years 2014-2020 as set out in annex to this resolution; |
2. |
Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
(1) 7030/2017 and 7031/2017 COR1.
(2) Texts adopted, P8_TA(2016)0309.
(3) Texts adopted, P8_TA(2016)0412.
(4) Texts adopted, P8_TA(2017)0112.
ANNEX
Draft Council Regulation (EU, Euratom) 2017/… amending Regulation (EU, Euratom) No 1311/2013 laying down the multiannual financial framework for the years 2014-2020
(The text of this annex is not reproduced here since it corresponds to the final act, Council Regulation (EU, Euratom) 2017/1123.)
23.8.2018 |
EN |
Official Journal of the European Union |
C 298/293 |
P8_TA(2017)0113
Mobilisation of the Contingency Margin
European Parliament resolution of 5 April 2017 on the proposal for a decision of the European Parliament and of the Council amending Decision (EU) 2015/435 on the mobilisation of the Contingency Margin (COM(2016)0607 — C8-0387/2016 — 2016/2233(BUD))
(2018/C 298/33)
The European Parliament,
— |
having regard to the Commission proposal to the European Parliament and the Council (COM(2016)0607 — C8-0387/2016), |
— |
having regard to Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (1), and in particular Articles 6 and 13 thereof, |
— |
having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (2), and in particular point 14 thereof, |
— |
having regard to the Council agreement in principle of 7 March 2017 on the revision of the multiannual financial framework 2014-2020 (3), |
— |
having regard to Decision (EU) 2015/435 of the European Parliament and of the Council of 17 December 2014 on the mobilisation of the Contingency Margin (4), |
— |
having regard to its resolution of 17 December 2014 on the proposal for a decision of the European Parliament and the Council on the mobilisation of the Contingency margin in 2014 (5), |
— |
having regard to its resolutions of 6 July 2016 on the preparation of the post electoral revision of the MFF 2014-2020: Parliament’s input ahead the Commission’s proposal (6) and of 26 October 2016 on the mid-term revision of the MFF 2014-2020 (7), |
— |
having regard to the report of the Committee on Budgets (A8-0104/2017), |
A. |
whereas in 2014 the European Parliament and the Council mobilised the contingency margin in the amount of EUR 3 168 233 715 in payment appropriations; whereas an amount of EUR 350 million was included in the mobilisation of the Contingency Margin pending an agreement on the treatment of payments for special instruments; |
B. |
whereas it was decided to offset an amount of EUR 2 818 233 715 over the period 2018-2020 and to invite the Commission to present in a timely manner a proposal concerning the remaining amount of EUR 350 million; |
C. |
whereas, according to the medium-term payment forecast presented in the context of the Mid-term review/revision of the MFF, pressure on the annual payment ceilings in the years 2018-2020 is to be expected; |
D. |
whereas the budget for the year 2017 shows a margin below the payment ceiling of EUR 9,8 billion, allowing for the offsetting of the full amount mobilised in 2014; |
1. |
Welcomes the Commission proposal presented as a part of the MFF mid-term review/revision package; |
2. |
Considers that the offsetting of a total amount of EUR 2 818 233 715 mobilised in 2014 against the margin under payment ceiling for the year 2017 will provide for more flexibility for the second part of the MFF and will help preventing a new payment crisis; |
3. |
Emphasises that the exclusion of the remaining amount of EUR 350 million from the offsetting confirms Parliament’s long standing position that payment appropriations for special instruments are counted over and above the MFF ceilings; |
4. |
Welcomes the Council agreement in principle to the annexed decision which is in line with the interpretation of the Parliament; |
5. |
Approves the decision annexed to this resolution; |
6. |
Instructs its President to sign the decision with the President of the Council and arrange for its publication in the Official Journal of the European Union; |
7. |
Instructs its President to forward this resolution, including its annex, to the Council and the Commission. |
(1) OJ L 347, 20.12.2013, p. 884.
(2) OJ C 373, 20.12.2013, p. 1.
(3) 7030/2017 and 7031/2017 COR1.
(5) OJ C 294, 12.8.2016, p. 65.
(6) Texts adopted, P8_TA(2016)0309.
(7) Texts adopted, P8_TA(2016)0412.
ANNEX
DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
amending Decision (EU) 2015/435 on the mobilisation of the Contingency Margin
(The text of this annex is not reproduced here since it corresponds to the final act, Decision (EU) 2017/1331.)
23.8.2018 |
EN |
Official Journal of the European Union |
C 298/296 |
P8_TA(2017)0114
Estimates of revenue and expenditure for the financial year 2018 — Section I — European Parliament
European Parliament resolution of 5 April 2017 on Parliament’s estimates of revenue and expenditure for the financial year 2018 (2017/2022(BUD))
(2018/C 298/34)
The European Parliament,
— |
having regard to Article 314 of the Treaty on the Functioning of the European Union, |
— |
having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (1), and in particular Article 36 thereof, |
— |
having regard to Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (2), |
— |
having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (3) (IIA of 2 December 2013), |
— |
having regard to Regulation (EU, Euratom) No 1023/2013 of the European Parliament and of the Council of 22 October 2013 amending the Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the European Union (4), |
— |
having regard to its resolution of 14 April 2016 on Parliament's estimates of revenue and expenditure for the financial year 2017 (5); |
— |
having regard to its resolution of 26 October 2016 on the Council position on the draft general budget of the European Union for the financial year 2017 (6), |
— |
having regard to its resolution of 1 December 2016 on the joint text on the draft general budget of the European Union for the financial year 2017 approved by the Conciliation Committee under the budgetary procedure (7), |
— |
having regard to the Secretary-General's report to the Bureau on drawing up Parliament's preliminary draft estimates for the financial year 2018, |
— |
having regard to the preliminary draft estimates drawn up by the Bureau on 3 April 2017 pursuant to Rules 25(7) and 96(1) of Parliament's Rules of Procedure, |
— |
having regard to the draft estimates drawn up by the Committee on Budgets pursuant to Rule 96(2) of Parliament's Rules of Procedure, |
— |
having regard to Rules 96 and 97 of its Rules of Procedure, |
— |
having regard to the report of the Committee on Budgets (A8-0156/2017), |
A. |
whereas this procedure is the third full budgetary procedure conducted in the new legislature and the fifth year of the 2014-2020 multiannual financial framework; |
B. |
whereas the 2018 budget, as proposed in the Secretary-General’s report, is being prepared against the backdrop of an increase in the ceiling for heading V when compared to 2017, allowing more room for growth and investment as well as continuing to implement policies of achieving savings and seeking to improve efficiency; |
C. |
whereas seven priority objectives have been proposed by the Secretary-General for the 2018 budget, namely: launching the communication campaign in preparation for the 2019 elections, consolidating the security measures taken, continuing the multiannual building projects, investing in the digitisation and computerisation of procedures, continuing to implement the measures needed to introduce Irish as a full official language, analysing the possible impact of Brexit and encouraging a green approach to transport; |
D. |
whereas a budget of EUR 1 971 883 373 has been proposed by the Secretary-General for Parliament's preliminary draft estimates for 2018, representing an overall increase of 3,26 % on the 2017 budget and 19,06 % of heading V of the 2014-2020 MFF; |
E. |
whereas additional extraordinary investments of EUR 47,6 million have been proposed by the Secretary-General to reinforce security projects, provide lease payments to the ADENAUER building project and launch the communication campaign in preparation for the 2019 elections; |
F. |
whereas almost 68 % of the budget is index-bound expenditure which relates mainly to remunerations and allowances for Members and staff, as well as to buildings, which is adjusted according to the Staff Regulations, to sector specific indexation or to the inflation rate; |
G. |
whereas the Parliament report entitled ‘Women in the European Parliament’, issued on 8 March 2017 on the occasion of International Women's Day shows a gender imbalance in managerial posts in the Parliament, with 83,3 % of Parliament's Deputy Secretary-General and Directors-General positions being held by men and 16,7 % by women, 70,2 % of Parliament's Directors positions being held by men and 29,8 % by women, and 65,9 % Parliament's Heads of Unit positions being held by men and 34,1 % by women; |
H. |
whereas the Charter of Fundamental Rights of the European Union places an obligation on the Union to respect linguistic diversity and prohibits discrimination on grounds of language, thus giving the right to any Union citizen to use any of the 24 official Union languages when corresponding with Union institutions, which are obliged to reply in the same language; |
I. |
whereas the Parliament already stressed in its resolution of 29 April 2015 on Parliament's estimates of revenue and expenditure for the financial year 2016 (8) that the 2016 budget should be set on a realistic basis and should be in line with the principles of budgetary discipline and sound financial management; |
J. |
whereas the credibility of Parliament as one arm of the budgetary authority depends to a large extent on its ability to bring its own spending under control; |
K. |
whereas the credibility of the Parliament depends to a large extent on its ability to develop democracy at Union level; |
General framework
1. |
Stresses that the share of Parliament’s budget in 2018 should be maintained under 20 % of heading V; notes that the level of estimates for 2018 corresponds to 18,88 %, which is lower than that achieved in 2017 (19,26 %) and the lowest part of heading V in the past fifteen years; |
2. |
Pursuant to paragraph 15 of its resolutions of 14 April 2016 on Parliament's estimates of revenue and expenditure for the financial year 2017 and to paragraph 98 of its abovementioned resolution of 26 October 2016 on the Council position on the draft general budget of the European Union for the financial year 2017, requiring that the method of establishment of the budget of the Parliament on the basis of the current needs and not on the basis of a system of coefficients is used for the first time during the budgetary procedure for the financial year 2018, calls for the fulfilment of those requests; |
3. |
Notes that the amount set aside for extraordinary investment and expenditure in 2018 is EUR 47,6 million, the same level as in 2017; considers that the 2019 communication campaign ought to be considered as extraordinary expenditure; |
4. |
Observes the request for 75 % of the appropriations for the communication campaign in preparation for the 2019 elections have been included in the 2018 preliminary draft estimates because most of the contracts will be signed in 2018; |
5. |
Emphasises that the largest part of Parliament's budget is fixed by statutory or contractual obligations and is subject to annual indexation; |
6. |
Endorses the agreement of 28 March 2017 with the Bureau on the level of 2018 estimates; decreases the level of expenditure by EUR 18,4 million compared to the initial position of the Bureau; sets the overall level of its estimates for 2018 to EUR 1 953 483 373, corresponding to a total increase of 2,3 % compared to the 2017 budget; |
7. |
Underlines the Parliament’s key functions are to legislate, represent citizens and scrutinise the work of other institutions; |
8. |
Highlights Parliament's role in building European political awareness and promoting the Union values; |
9. |
Stresses that savings compared to the proposal of the Secretary-General are required and all efforts to strive for a more efficient and transparent use of public money are strongly encouraged; |
Transparency and accessibility
10. |
Welcomes the response to the request from the Committee on Budgets, in its resolution of 14 April 2016 on Parliament’s estimates of revenue and expenditure for the financial year 2017 (9), and repeated in its resolution on the Council’s position on the draft general budget of the Union for the financial year 2017 (10), concerning medium and long-term budgetary planning, including a clear distinction between investments and operational expenditure relating to the functioning of Parliament as well as its statutory obligations (including on rents and acquisitions); |
11. |
Welcomes the creation of a working group on the procedures establishing the Parliament’s estimates of revenue and expenditure; notes that Parliament has called for consideration to be given to a further revision of the Rules regarding internal budgetary procedures (11); underlines the need for Members of the Bureau and the Committee on Budgets to receive relevant information relating to the estimates procedure in a timely and intelligible manner and with the necessary level of detail, in order to allow the Bureau and the Committee on Budgets to take decisions with a comprehensive picture of the state and needs of Parliament's budget; |
12. |
Reiterates its call on the Secretary-General to make a proposal for presenting the budget to the general public in appropriate detail and in an intelligible and user-friendly manner on the website of the Parliament in order to enable all citizens to develop a better understanding of Parliament's activities, priorities and corresponding spending patterns; |
13. |
Considers visitor groups to be one of the key instruments in increasing the awareness of citizens about Parliament's activities; welcomes the revised rules for visitor groups and considers that the risk of misappropriation of funds has decreased due to the implementation of the new and stricter rules; in this light, invites the Bureau, together with its Working Group on Information and Communication, to revise the appropriations for Member's visitor groups, taking into account inflation rates in recent years which have consequently increased the cost of such visits; considers that, although those amounts are not meant to cover all the costs incurred by visitor groups, but rather to be considered as a subsidy, the fact that the proportion of costs covered will diminish if the allowance is not adjusted according to inflation, cannot be ignored; asks the Bureau to take into account that this discrepancy disproportionately affects visitor groups from less affluent socio-economic backgrounds who have very limited financial means of their own; |
Security and cybersecurity
14. |
Takes note of the ongoing measures to empower Parliament's security, relating to buildings, equipment and staff, cyber-security and communication security; requests the Secretary-General and the Bureau to carry on the Global Security Concept to continue to provide structural, operational and cultural improvements in Parliament's security; reiterates the need to improve the performance of IT services provided to the Parliament by investing in the training of staff, but also by better selecting contractors based on a stronger evaluation of their services and IT capacity; |
15. |
Believes that recent events demonstrate the likelihood of cyber-attacks has increased dramatically, with the technology behind such attacks often outpacing the cybersecurity measures to combat them; considers that IT tools have become important instruments for Members and staff to carry out their work, but are nevertheless vulnerable to such attacks; welcomes therefore the embedding of cybersecurity in Parliament’s overall strategic management framework, and considers this will enable the institution to better protect its assets and information; |
16. |
Regrets that despite the installation of SECure EMail system (SECEM) the Parliament is unable to receive restricted and non-classified briefings from other institutions; deplores that Parliament is not in a position to develop its own Classified Information System (CIS) alone and notes that negotiations are ongoing with other institutions on this matter; expects these negotiations will help to identify the best means of enabling Parliament to receive restricted and non-classified briefings; invites the Secretary-General to present to the Committee on Budgets more information regarding the latest developments of these negotiations, before the Parliament's reading of the budget in autumn 2017; |
17. |
Welcomes the efforts to further digitise and computerise procedures; in this regard, encourages the introduction of more possibilities for the use of secure digital signature in administrative procedures in order to reduce the use of paper and save time; |
18. |
Welcomes the signature of a Memorandum of Understanding between the Belgian Government and the European Parliament, the Council, the Commission, the European External Action Service, and other institutions based in Brussels, on security clearance checks verifications for all external contractors’ staff wishing to access the Union institutions; invites the Secretary-General to consider the advisability of extending the application of this Memorandum of Understanding to officials, parliamentary assistants and stagiaires in order to allow the necessary security verifications before their recruitment; |
Building policy
19. |
Recalls that the last mid-term building strategy was adopted by the Bureau in 2010; questions why the Bureau has failed to present a long-term strategy for Parliament buildings during this legislature, despite the Parliament’s previous resolutions; invites the Secretary-General and Vice-Presidents to present to the Committee on Budgets the new mid-term strategy on buildings as soon as possible, before the Parliament's reading of the budget in autumn 2017; |
20. |
Reiterates its call for a transparent decision-making process in the field of buildings policy, based on early information, having due regard to Article 203 of the Financial Regulation; calls in this regard for more information on the extension of the WAYENBERG crèche; |
21. |
Calls for more information on the project to renovate the Paul Henri Spaak (PHS) building, specifically any opinions from independent external contractors on the possible options for the PHS, which has had a short lifespan of 25 years; calls for the Secretary-General to present the results of such a study to the Committee on Budgets as soon as possible; underlines that the existing building doesn't fulfil the static requirements of a public building for parliamentary functions which has higher security and needs to withstand external shocks without collapsing; criticises the fact that the PHS building doesn't fulfil even minimum standards of modern static requirements and notes that several actions have already had to be taken to guarantee its stability; urges therefore the Bureau and the administration of the Parliament to work on future solutions for the PHS building that secures life and healthy working conditions of the persons present; notes the level of appropriations proposed by the Secretary-General in 2018 concerning studies, preparatory projects and works, and the provision of assistance to the project management team; expresses concern at the possible confusion regarding the amounts to be spent on studies and removals; urges the Bureau and Secretary-General to inform the Committee on Budgets on all subsequent steps and provide a clear breakdown of costs as soon as possible and no later than July 2017; recalls that, in any case, there is a need to implement state-of-the art energy efficient architecture; calls for an assessment on how the renovation will impact the Visitors and Seminars Unit, the availability of the plenary chamber as well the other rooms and offices; |
22. |
Considers 2018 to be a critical year for the Konrad Adenauer (KAD) building, as it will mark the end of the work on the East site and the start of work on the West site; notes with concern that the budget allocated to cover the management of this large-scale project has had to be revised in order to strengthen the teams which monitor the progress of the work; notes the on-going practice of using the year-end ‘mopping up transfer’ (ramassage) to contribute to current building projects; considers that while this may be a pragmatic solution to reduce interest rate payments, it nevertheless exists in tension with the transparency of building projects within the Parliament's budget and could even incentivise over-budgeting in certain areas; |
23. |
Invites the Vice-Presidents responsible and the Secretary-General to present to the Committee on Budgets a progress report and estimates for finalising the works on the KAD building; |
EMAS
24. |
Recalls that Parliament committed to a 30 % reduction per FTE in its CO2 emissions by 2020 compared to 2006; |
25. |
Deems it of utmost importance, therefore, that Parliament sets itself new, more challenging, quantitative targets that should be regularly measured by the responsible services; |
26. |
Recalls Parliament’s commitment in the context of Directive 2012/27/EU on energy efficiency, ‘without prejudice to applicable budgetary and procurement rules, undertake to apply the same requirements to the buildings they own and occupy as those applicable to the buildings of Member States' central government under Articles 5 and 6’ of that Directive, due to the high visibility of the buildings and the leading role it should play with regard to buildings' energy performance; underlines the urgency of compliance with this declaration, not at least for its own credibility in the currently ongoing revisions of the energy performance of buildings and the energy efficiency directives; |
27. |
Welcomes the creation of a Mobility Working Group which should work inclusively and be clearly mandated; underlines that Parliament has to conform with all regional applicable laws at the places of work, including in that area; advocates the promotion of use of the established direct train connection between the Brussels Parliament site and the airport; invites the responsible services to re-evaluate the composition and size of its own vehicle fleet against this background; calls on the Bureau to establish without delay an incentive scheme for promoting the use of bicycles for home-work commuting; notes that such a scheme is already established in other institutions, notably the European Economic and Social Committee; |
Communication campaign for the 2019 European elections
28. |
Welcomes the communication campaign as a helpful effort to explain the purpose of the Union and the Parliament to the citizens; underlines that this campaign should aim, among other things, at explaining the role of the European Union, the power of the Parliament, its functions, including the election of the President of the Commission, and its impact on the lives of citizens; |
29. |
Notes that in advance of the forthcoming 2019 European elections, preparatory work on the communication campaign is already due to begin this year; welcomes a shorter two year pre-election period for the communication campaign compared to the three year pre-election period for the 2014 European elections; |
30. |
Notes that the total amount of expenditure for the 2019 elections communication campaign is estimated at EUR 25 million in 2018 and EUR 8,33 million in 2019, with a higher amount of financial commitments required in 2018; highlights the importance of such communication campaigns, especially taking into consideration the current situation in the Union; |
31. |
Believes the Directorate-General for Communication (DG COMM) should act on the recommendations from the evaluation of the 2014 European election campaign (12), and prioritise the collection of data for campaign projects, per unit, based on predefined key indicators in order to measure their impact, considering with care the root causes of the extremely low turnout in the 2014 elections; |
Member-related issues
32. |
Welcomes the work of the Parliament’s Secretariat, the Secretariats of the political groups and the offices of Members aimed at empowering Members in their mandates; encourages the continued development of those services which enhance Members’ ability to scrutinise the work of the Commission and Council and represent citizens; |
33. |
Acknowledges the advice and research provided to Members and committees through the European Parliamentary Research Service (EPRS) and the policy departments; recalls that a mid-term evaluation of the efficacy of the cooperation between the EPRS and the policy departments was provided for when the EPRS was created in 2013; recalls that a request to proceed to undertake such an evaluation and to present the results to the Committee on Budgets was adopted in the plenary vote of 14 April 2016 (13); once again requests the Secretary-General to proceed to undertake such an evaluation and present the results thereof to the Committee on Budgets before Parliament's reading of the budget in autumn 2017; recalls that such an evaluation should contain proposals as to how to ensure that the support provided by EPRS is better articulated with developments in the respective thematic committees and does not overlap with their activities nor encourage competition between services; furthermore, expects that the evaluation will include detailed information on the external expertise, external studies and external support for Parliament's research activities, including the number and the costs of studies and expertise provided by Parliament's internal services and external providers; takes note of the four specific projects being developed over the medium-term in the European Parliament library, namely the digital library, improved resources for research, comparative law sources and open library; considers those projects as a means to improve support to both Members and staff, as well as to facilitate access to the external research community and citizens; notes the importance of those projects and the need to integrate them in the legislative work done by Members and staff; |
34. |
Recalls the decision taken by the Parliament with the 2017 EP budget procedure, which establishes the creation of a service for the interpretation, in International Sign language, of all plenary debates and calls upon the Administration to implement this decision with no further delay; |
35. |
Notes that the recently revised Rules of Procedure (14) have limited Members to a maximum of three oral explanations of vote per part-session, but remains concerned about the additional costs required for interpretation as well as for the translation of the explanation transcripts that they generate; urges the Secretary-General to provide a detailed breakdown of the costs related to oral explanations of vote; indicates the availability of alternatives such as written explanations of vote as well as a wealth of public communications facilities within Parliament’s premises for Members to explain their voting positions; calls, as an interim measure, for oral explanation of votes to be placed at the end of business each day on the plenary agenda, after the one minute speeches and other points on the agenda; |
36. |
Recalls the obligation on Members to inform the administration of any change in their declarations of interests; |
37. |
Disagrees with the need to change the furniture in the offices of Members and their assistants in Brussels; considers that the majority of this furniture is in proper condition and that therefore there is no reason to change it; considers that furniture should only be changed when there is a justified reason; |
38. |
In preparation for the ninth legislature, calls on the Secretary-General to submit to the Bureau a more precise list of expenses defrayable under the General Expenditure Allowance (GEA); recalls the principle of the independence of the mandate; underlines that it is possible for Members who wish to do so to publish their spending record of the GEA on their personal webpages; reiterates the appeal for greater transparency regarding the GEA, building on cases of best practice from national delegations in Parliament and Member States; believes that Members should also be able to provide links on Parliament’s website to places where they currently publish their spending records; reiterates that the improved transparency of the GEA should not require additional staff in Parliament's administration; |
39. |
Emphasises that the current budget line for parliamentary assistance is adequate and should not be increased beyond the indexation of salaries; |
40. |
Recalls the request, adopted by the plenary in its abovementioned resolution of 14 April 2016 on Parliament’s estimates for 2017, that the rules governing the reimbursement of mission expenses related to travel between Parliament's three working places and incurred by accredited parliamentary assistants (APAs) be revised in order to align them with the rules applicable to the rest of the staff, and regrets that, to date, no action has been taken in this regard; calls on the Bureau to address that issue without any further delay; meanwhile underlines that the current mission reimbursements ceilings for APAs (EUR 120/140/160) have not been adjusted since 2011 and that the discrepancy between APAs and other staff has further increased up to at least 40 % following the introduction of new ceilings approved by the Council on 9 September 2016 and so far only applied to staff officials as from 10 September 2016; calls therefore on the Bureau to take the necessary measures to remedy that inequality; |
41. |
Underlines that the resolution of this discrepancy in mission expenses does not entail an increase in the budget line for parliamentary assistance; |
42. |
Calls for a transparent and appropriate use of reimbursement of the Members' travel expenses and recommends incentivising the use of economy class both with regard to air transport and to rail transport; |
43. |
Calls on the Conference of Presidents and the Bureau to reconsider the possibility for APAs, subject to certain conditions, to accompany Members on official Parliament Delegations and Missions, as already requested by several Members; is of the view that Members should decide whether their assistants should accompany them on official delegations, using their parliamentary assistance allowance envelope; |
Staff-related issues
44. |
Pursuant to Point 27 of the IIA of 2 December 2013 on a progressive 5 % staff reduction applying to all institutions, bodies and agencies between 2013 and 2017, highlights that owing to specific needs arising in Parliament in 2014 and 2016, an agreement was reached with the Council on the draft general budget of the European Union for the financial year 2016 (15), in which Parliament's annual staff reduction measures are set to continue until 2019; |
45. |
Notes that, while political groups have been exempted from these annual staff reduction measures since 2014 (16), the conciliation agreement on the 2017 budget has led to a decrease in posts from the establishment plan of Parliament's Secretariat because of the non-respect of the gentleman's agreement by the Council; |
46. |
Recalls that the total level of staff in political groups is exempted from the 5 % staff reduction target in line with the decisions taken in respect of the financial years 2014, 2015, 2016 and 2017; |
47. |
Considers that the loss of 136 posts from Parliament’s Secretariat in 2016 may create difficulties for the provision of services by Parliament’s administration; calls on the Secretary-General to provide more information regarding staff reduction measures last year, and to evaluate the consequences of budgetary decisions on the functioning of the institution; |
48. |
Welcomes, in light of the staff reduction measures, the proposal to convert 50 permanent AST posts into 50 permanent AD posts, which has a negligible budgetary impact; notes in addition, the proposal to convert three temporary AST posts into three temporary AD posts in the President's cabinet; |
49. |
Calls on the Bureau to ensure that the social and pension rights of APAs are respected and that financial means are made available, in particular concerning those APAs that have been employed by Members without interruption for the last two legislative parliamentary terms; in this regard, invites the administration to put forward a proposal that takes into account the decision to have early election in 2014, as well as the time spent in the recruitment procedure when calculating the 10 years of service period set out in the Staff Regulations; |
50. |
Calls on the Bureau to propose a dismissal procedure by mutual consent between Members and APAs; |
51. |
Believes that, in a period in which the financial and personnel resources available to the Union institutions are likely to be increasingly constrained, it is important that the institutions themselves are able to recruit and retain the most able staff to meet the complex challenges ahead in a way consistent with the principles of performance based budgeting; |
52. |
Considers that interpretation and translation are essential to the functioning of the House and acknowledges the quality and added value of services provided by the interpreters; re-iterates Parliament's position expressed in its abovementioned resolution of 14 April 2016 that the Secretary-General should make further rationalisation proposals, such as extending the use of translation and interpretation on demand, particularly for Intergroups of the European Parliament, as well as examining the potential efficiency gains from utilising latest language technologies as a helping tool for interpreters, and assessing the impact of the revised framework for staff interpreters in improving resource-efficiency and productivity; |
53. |
Welcomes the continuation of measures taken by the Parliament to introduce Irish as a full official language by 1 January 2021; notes in this regard that no further posts will be required in 2018; nevertheless asks the Secretary-General to continue to consult Irish Members with a view to possible resource-efficiencies, without compromising the guaranteed rights of Members; |
54. |
Urges the Secretary-General to build on the existing cooperation agreements between the Parliament, the Committee of the Regions and the European Economic and Social Committee, with a view to identifying other areas in which back office functions could be shared; calls in addition, for the Secretary-General to undertake a study on possible synergies in back office functions and services that can also be made between the Parliament, the Commission and the Council; |
European political parties and political foundations
55. |
Recalls that European political parties and foundations contribute to forming European political awareness and increasing citizens’ understanding of the connection between the political process at the national and European levels; |
56. |
Considers that recent controversies surrounding the funding of some European political parties and some political foundations have exposed weaknesses in existing management and control systems; |
57. |
Believes that the entry into force of Regulations (EU, Euratom) No 1141/2014 (17) and (EU, Euratom) No 1142/2014 (18) will provide additional control mechanisms, such as the requirement to register with the Authority for European political parties and political foundations; considers however that there is further room for improvement to these measures; notes that parties and foundations will begin to apply for funding under the new rules in the budgetary year 2018; |
58. |
Highlights that a number of issues have been identified with the current system of co-financing, in which contributions and grants from the Parliament’s budget for both parties and foundations cannot exceed 85 % of eligible expenditure, with the remaining 15 % to be covered by own resources; notes for instance that shortfalls in membership contributions and donations are often balanced by contributions-in-kind; |
Other issues
59. |
Notes the ongoing dialogue between the European Parliament and national parliaments; calls on this to be strengthened in order to develop a better understanding of the contribution of the European Parliament and the Union in Member States; |
60. |
Notes the request for external studies and opinions in order to support the work of committees and other political bodies in analysing the possible impact of Brexit, including the budgetary consequences for Parliament; questions the necessity to call for external studies and opinions instead of having recourse to the wealth of research services within the Parliament; emphasises that until the negotiations on the UK's exit from the Union are concluded the UK remains a full member of the Union and all the rights and obligations of membership remain in force; underlines therefore that the decision of the UK to withdraw from the Union is unlikely to have an impact on the Parliament's 2018 budget; |
61. |
Recalls its resolution of 20 November 2013 on the location of the seats of the European Union’s Institutions (19), which estimated the costs of the geographic dispersion of the Parliament to be between EUR 156 million and EUR 204 million and equivalent to 10 % of the Parliament's budget; emphasises the environmental impact of the geographic dispersion is estimated to be between 11,000 to 19,000 tonnes of CO2 emissions; underlines the negative public perception caused by this dispersion, and therefore reiterates its position in calling for a roadmap to a single seat; |
62. |
Recalls its abovementioned resolution of 14 April 2016 on Parliament's estimates of revenue and expenditure for the financial year 2017; asks the implementation of a cooperation with television stations, social media and further partners in order to establish a European media hub for training purposes for young journalists; |
63. |
Calls upon the Secretary-General and the Bureau to instil a culture of performance-based budgeting across Parliament's administration, in line with the lean management approach in order to enhance efficiency and quality in the institution's internal work; |
o
o o
64. |
Adopts the estimates for the financial year 2018; |
65. |
Instructs its President to forward this resolution and the estimates to the Council and the Commission. |
(1) OJ L 298, 26.10.2012, p. 1.
(2) OJ L 347, 20.12.2013, p. 884.
(3) OJ C 373, 20.12.2013, p. 1.
(4) OJ L 287, 29.10.2013, p. 15.
(5) Texts adopted, P8_TA(2016)0132.
(6) Texts adopted, P8_TA(2016)0411.
(7) Texts adopted, P8_TA(2016)0475.
(8) Texts adopted, P8_TA(2015)0172.
(9) Texts adopted, P8_TA(2016)0132.
(10) Texts adopted, P8_TA(2016)0411.
(11) Texts adopted, P8_TA(2016)0484.
(12) Deloitte, December 2015 study.
(13) See paragraph 22 of its resolution of 14 April 2016 (P8_TA(2016)0132).
(14) Texts adopted of 13 December 2016, P8_TA(2016)0484 — Rule 183(1).
(15) Texts adopted, P8_TA(2015)0407.
(16) Texts adopted, P7_TA(2013)0437; Texts adopted, P8_TA(2014)0036; Texts adopted, P8_TA(2015)0376; Texts adopted, P8_TA(2016)0411.
(17) Regulation (EU, Euratom) No 1141/2014 of the European Parliament and of the Council of 22 October 2014 on the statute and funding of European political parties and European political foundations (OJ L 317, 4.11.2014, p. 1).
(18) Regulation (EU, Euratom) No 1142/2014 of the European Parliament and of the Council of 22 October 2014 amending Regulation (EU, Euratom) No 966/2012 as regards the financing of European political parties ( OJ L 317, 4.11.2014, p. 28).
(19) Texts adopted, P7_TA(2013)0498.
23.8.2018 |
EN |
Official Journal of the European Union |
C 298/306 |
P8_TA(2017)0115
Draft amending budget No 1/2017 accompanying the proposal to mobilise the EU Solidarity Fund to provide assistance to the United Kingdom, Cyprus and Portugal
European Parliament resolution of 5 April 2017 on the Council position on Draft amending budget No 1/2017 to the general budget for 2017 accompanying the proposal to mobilise the European Union Solidarity Fund to provide assistance to the United Kingdom, Cyprus and Portugal (07003/2017 — C8-0130/2017 — 2017/2018(BUD))
(2018/C 298/35)
The European Parliament,
— |
having regard to Article 314 of the Treaty on the Functioning of the European Union, |
— |
having regard to Article 106a of the Treaty establishing the European Atomic Energy Community, |
— |
having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (1), and in particular Article 41 thereof, |
— |
having regard to the general budget of the European Union for the financial year 2017, as definitively adopted on 1 December 2016 (2), |
— |
having regard to Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (3) (MFF Regulation), |
— |
having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (4), |
— |
having regard to Council Decision 2014/335/EU, Euratom of 26 May 2014 on the system of own resources of the European Union (5), |
— |
having regard to Draft amending budget No 1/2017, which the Commission adopted on 26 January 2017 (COM(2017)0046), |
— |
having regard to the position on Draft amending budget No 1/2017 which the Council adopted on 3 April 2017 and forwarded to Parliament on 3 April 2017 (07003/2017 — C8-0130/2017), |
— |
having regard to Rules 88 and 91 of its Rules of Procedure, |
— |
having regard to the report of the Committee on Budgets (A8-0155/2017), |
A. |
whereas Draft amending budget No 1/2017 relates to the mobilisation of the European Union Solidarity Fund (EUSF) for an amount of EUR 71 524 810 in relation to the floods that occurred in the United Kingdom during December 2015 to January 2016, drought and fires in Cyprus between October 2015 and June 2016 and fires on the Portuguese island of Madeira in August 2016, |
B. |
whereas the purpose of Draft amending budget No 1/2017 is to formally enter this budgetary adjustment into the 2017 Union budget, |
C. |
whereas the Commission consequently proposes to amend the 2017 Union budget and increase Article 13 06 01 ‘Assistance to Member States in the event of a major natural disaster with serious repercussions on living conditions, the natural environment or the economy’, |
D. |
whereas the EUSF is a special instrument as defined in the MFF Regulation, and the corresponding commitment and payments appropriations are to be budgeted over and above the MFF ceilings, |
1. |
Stresses the urgent need to release financial assistance through the EUSF to the regions affected by the natural disasters; |
2. |
Takes note of Draft amending budget No 1/2017, as submitted by the Commission; |
3. |
Approves the Council position on Draft amending budget No 1/2017; |
4. |
Instructs its President to declare that Amending budget No 1/2017 has been definitively adopted and arrange for its publication in the Official Journal of the European Union; |
5. |
Instructs its President to forward this resolution to the Council, the Commission, the Court of Auditors and the national parliaments. |
(1) OJ L 298, 26.10.2012, p. 1.
(3) OJ L 347, 20.12.2013, p. 884.
23.8.2018 |
EN |
Official Journal of the European Union |
C 298/308 |
P8_TA(2017)0116
Mobilisation of the European Globalisation Adjustment Fund: EGF/2017/000 TA 2017 — Technical assistance at the initiative of the Commission
European Parliament resolution of 5 April 2017 on the proposal for a decision of the European Parliament and of the Council on mobilisation of the European Globalisation Adjustment Fund (EGF/2017/000 TA 2017 — Technical assistance at the initiative of the Commission) (COM(2017)0101 — C8-0097/2017 — 2017/2033(BUD))
(2018/C 298/36)
The European Parliament,
— |
having regard to the Commission proposal to the European Parliament and the Council (COM(2017)0101 — C8-0097/2017), |
— |
having regard to Regulation (EU) No 1309/2013 of the European Parliament and of the Council of 17 December 2013 on the European Globalisation Adjustment Fund (2014-2020) and repealing Regulation (EC) No 1927/2006 (1) (EGF Regulation), |
— |
having regard to Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (2), and in particular Article 12 thereof, |
— |
having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (3) (IIA of 2 December 2013), and in particular point 13 thereof, |
— |
having regard to its resolution of 13 April 2016 on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the European Globalisation Adjustment Fund (EGF/2016/000 TA 2016 — Technical assistance at the initiative of the Commission) (4), |
— |
having regard to the trilogue procedure provided for in point 13 of the IIA of 2 December 2013, |
— |
having regard to the letter of the Committee on Employment and Social Affairs, |
— |
having regard to the letter of the Committee on Regional Development, |
— |
having regard to the report of the Committee on Budgets (A8-0157/2017), |
A. |
whereas the Union has set up legislative and budgetary instruments to provide additional support to workers who are suffering from the consequences of major structural changes in world trade patterns or of the global financial and economic crisis and to assist their reintegration into the labour market; |
B. |
whereas the Union’s assistance to workers made redundant should be dynamic and made available as quickly and efficiently as possible, in accordance with the Joint Declaration of the European Parliament, the Council and the Commission adopted during the conciliation meeting on 17 July 2008, and having due regard to the IIA of 2 December 2013 in respect of the adoption of decisions to mobilise the European Globalisation Adjustment Fund (EGF); |
C. |
whereas the adoption of the EGF Regulation reflects the agreement reached between the Parliament and the Council to reintroduce the crisis mobilisation criterion, to increase the Union financial contribution to 60 % of the total estimated cost of proposed measures, to increase efficiency for the treatment of EGF applications in the Commission and by the Parliament and the Council by shortening the time for assessment and approval, to widen eligible actions and beneficiaries by introducing self-employed persons and young people and to finance incentives for setting up own businesses; |
D. |
whereas the maximum annual budget available for the EGF is EUR 150 million (2011 prices) and whereas Article 11(1) of the EGF Regulation states that 0,5 % of this amount (i.e. EUR 844 620 in 2017) can be made available for technical assistance at the initiative of the Commission in order to finance preparation, monitoring, data gathering and creation of a knowledge base, administrative and technical support, information and communication activities as well as audit, control and evaluation activities necessary to implement the EGF Regulation; |
E. |
whereas the European Parliament has repeatedly underlined the necessity of improved value added, efficiency and employability of beneficiaries of the EGF as a Union instrument of support to workers made redundant; |
F. |
whereas the proposed amount of EUR 310 000 corresponds to approximately 0,18 % of the maximum annual budget available for the EGF in 2017, which is EUR 70 000 less that in 2016; |
1. |
Agrees for the measures proposed by the Commission to be financed as technical assistance in accordance with Article 11(1) and (4) as well as with Article 12(2), (3) and (4) of the EGF Regulation; |
2. |
Welcomes the reduction in the 2017 funding request for EGF technical assistance as compared to 2016; considers that it is important to assess such requests as a percentage of the annual amounts that have been used for the EGF in previous years, and not only against the maximum that could be spent that year; |
3. |
Acknowledges the importance of monitoring and data gathering; recalls the importance of robust statistical series compiled in appropriate form to be easily accessible and understandable; welcomes the future release of the Biennial Reports of 2017 and asks for a public and wide diffusion of those reports throughout the Union; |
4. |
Recalls the importance of a dedicated website on the EGF to be accessible to all Union citizens; emphasises the importance of multilingualism when communicating broadly to the public; asks for a more user-friendly web environment and encourages the Commission to improve the content-value of its publications and audio-visual activities as provided for in Article 11(4) of the EGF Regulation; |
5. |
Welcomes the continued work on the standardised procedures for EGF applications and management using the functionalities of the electronic data exchange system (SFC 2014), which allows for the simplification and faster processing of applications, and better reporting; notes that the Commission has facilitated EGF financial operations by the creation of an interface between SFC and the accounting and financial information system ABAC; takes note that only further fine tuning and adjustments to possible changes are needed, limiting de facto the EGF contribution to that type of expenditure; |
6. |
Notes that the procedure to integrate the EGF into SFC2014 has been continuing for several years and that the relevant costs for the EGF budget have been relatively high; welcomes the reduction in costs compared to previous years, reflecting the fact that the project has now reached the stage of requiring only further fine tuning and adjustments; |
7. |
Recalls the importance of networking and exchange of information on the EGF, so as to spread best practice; supports, therefore, the funding of two meetings of the EGF Expert Group of Contact Persons and two networking seminars on EGF implementation; expects that this exchange of information will also contribute to better and more detailed reporting on the success rate of the applications in the Member States, in particular about the re-employment rate of beneficiaries; |
8. |
Takes note that the Commission intends to invest EUR 70 000 of the available budget under the technical assistance in holding two meetings of the Expert Group of Contact Persons of the EGF; notes also the intention of the Commission to invest EUR 120 000 to promote networking through seminars among Member States, EGF implementing bodies and social partners; welcomes the Commission’s readiness to invite Members of its EGF Working Group to participate in the recent EGF Networking Seminar that took place in Mons; calls on the Commission to continue to invite Parliament to such meetings and seminars in accordance with the relevant provisions of the Framework Agreement on relations between the European Parliament and the European Commission (5); |
9. |
Underlines the need to further enhance the liaising between all those involved in EGF applications, including, in particular, the social partners and stakeholders at regional and local level, to create as many synergies as possible; stresses that interaction between the National Contact Person and regional or local case delivery partners should be strengthened and communication and support arrangements and information flows (internal divisions, tasks and responsibilities) made explicit and agreed on by all partners concerned; |
10. |
Approves the decision annexed to this resolution; |
11. |
Instructs its President to sign the decision with the President of the Council and arrange for its publication in the Official Journal of the European Union; |
12. |
Instructs its President to forward this resolution, including its annex, to the Council and the Commission. |
(1) OJ L 347, 20.12.2013, p. 855.
(2) OJ L 347, 20.12.2013, p. 884.
(3) OJ C 373, 20.12.2013, p. 1.
(4) Texts adopted, P8_TA(2016)0112.
ANNEX
DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
on the mobilisation of the European Globalisation Adjustment Fund (EGF/2017/000 TA 2017 — Technical assistance at the initiative of the Commission)
(The text of this annex is not reproduced here since it corresponds to the final act, Decision (EU) 2017/742.)
23.8.2018 |
EN |
Official Journal of the European Union |
C 298/312 |
P8_TA(2017)0117
Mobilisation of the EU Solidarity Fund to provide assistance to the United Kingdom, Cyprus and Portugal
European Parliament resolution of 5 April 2017 on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the European Union Solidarity Fund to provide assistance to the United Kingdom, Cyprus and Portugal (COM(2017)0045 — C8-0022/2017 — 2017/2017(BUD))
(2018/C 298/37)
The European Parliament,
— |
having regard to the Commission proposal to the European Parliament and the Council (COM(2017)0045 — C8-0022/2017), |
— |
having regard to Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (1), |
— |
having regard to Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (2), and in particular Article 10 thereof, |
— |
having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (3), and in particular point 11 thereof, |
— |
having regard to the letter from the Committee on Regional Development, |
— |
having regard to the report of the Committee on Budgets (A8-0154/2017), |
1. |
Welcomes the decision as a sign of the Union’s solidarity with Union citizens and regions hit by the natural disasters; |
2. |
Approves the decision annexed to this resolution; |
3. |
Instructs its President to sign the decision with the President of the Council and arrange for its publication in the Official Journal of the European Union; |
4. |
Instructs its President to forward this resolution, including its annex, to the Council and the Commission. |
(1) OJ L 311, 14.11.2002, p. 3.
ANNEX
DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
on the mobilisation of the European Union Solidarity Fund to provide assistance to the United Kingdom, Cyprus and Portugal
(The text of this annex is not reproduced here since it corresponds to the final act, Decision (EU) 2017/741.)
23.8.2018 |
EN |
Official Journal of the European Union |
C 298/314 |
P8_TA(2017)0118
Automated data exchange with regard to dactyloscopic data in Latvia *
European Parliament legislative resolution of 5 April 2017 on the draft Council implementing decision on the automated data exchange with regard to dactyloscopic data in Latvia, and replacing Decision 2014/911/EU (13521/2016 — C8-0523/2016 — 2016/0818(CNS))
(Consultation)
(2018/C 298/38)
The European Parliament,
— |
having regard to the Council draft (13521/2016), |
— |
having regard to Article 39(1) of the Treaty on European Union, as amended by the Treaty of Amsterdam, and Article 9 of Protocol No 36 on transitional provisions, pursuant to which the Council consulted Parliament (C8-0523/2016), |
— |
having regard to Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (1), and in particular Article 33 thereof, |
— |
having regard to Rule 78c of its Rules of Procedure, |
— |
having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A8-0089/2017), |
1. |
Approves the Council draft; |
2. |
Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
3. |
Asks the Council to consult Parliament again if it intends to substantially amend the text approved by Parliament; |
4. |
Instructs its President to forward its position to the Council and the Commission. |
23.8.2018 |
EN |
Official Journal of the European Union |
C 298/315 |
P8_TA(2017)0119
Automated data exchange with regard to DNA data in Slovakia, Portugal, Latvia, Lithuania, Czech Republic, Estonia, Hungary, Cyprus, Poland, Sweden, Malta and Belgium *
European Parliament legislative resolution of 5 April 2017 on the draft Council implementing decision on the automated data exchange with regard to DNA data in Slovakia, Portugal, Latvia, Lithuania, Czech Republic, Estonia, Hungary, Cyprus, Poland, Sweden, Malta and Belgium and replacing Decisions 2010/689/EU, 2011/472/EU, 2011/715/EU, 2011/887/EU, 2012/58/EU, 2012/299/EU, 2012/445/EU, 2012/673/EU, 2013/3/EU, 2013/148/EU, 2013/152/EU and 2014/410/EU (13525/2016 — C8-0522/2016 — 2016/0819(CNS))
(Consultation)
(2018/C 298/39)
The European Parliament,
— |
having regard to the Council draft (13525/2016), |
— |
having regard to Article 39(1) of the Treaty on European Union, as amended by the Treaty of Amsterdam, and Article 9 of Protocol No 36 on transitional provisions, pursuant to which the Council consulted Parliament (C8-0522/2016), |
— |
having regard to Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (1), and in particular Article 33 thereof, |
— |
having regard to Rule 78c of its Rules of Procedure, |
— |
having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A8-0091/2017), |
1. |
Approves the Council draft; |
2. |
Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
3. |
Asks the Council to consult Parliament again if it intends to substantially amend the text approved by Parliament; |
4. |
Instructs its President to forward its position to the Council and the Commission. |
23.8.2018 |
EN |
Official Journal of the European Union |
C 298/316 |
P8_TA(2017)0120
Automated data exchange with regard to dactyloscopic data in Slovakia, Bulgaria, France, Czech Republic, Lithuania, the Netherlands, Hungary, Cyprus, Estonia, Malta, Romania and Finland *
European Parliament legislative resolution of 5 April 2017 on the draft Council implementing decision on the automated data exchange with regard to dactyloscopic data in Slovakia, Bulgaria, France, Czech Republic, Lithuania, the Netherlands, Hungary, Cyprus, Estonia, Malta, Romania and Finland and replacing Decisions 2010/682/EU, 2010/758/EU, 2011/355/EU, 2011/434/EU, 2011/888/EU, 2012/46/EU, 2012/446/EU, 2012/672/EU, 2012/710/EU, 2013/153/EU, 2013/229/EU and 2013/792/EU (13526/2016 — C8-0520/2016 — 2016/0820(CNS))
(Consultation)
(2018/C 298/40)
The European Parliament,
— |
having regard to the Council draft (13526/2016), |
— |
having regard to Article 39(1) of the Treaty on European Union, as amended by the Treaty of Amsterdam, and Article 9 of Protocol No 36 on transitional provisions, pursuant to which the Council consulted Parliament (C8-0520/2016), |
— |
having regard to Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (1), and in particular Article 33 thereof, |
— |
having regard to Rule 78c of its Rules of Procedure, |
— |
having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A8-0092/2017), |
1. |
Approves the Council draft; |
2. |
Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
3. |
Asks the Council to consult Parliament again if it intends to substantially amend the text approved by Parliament; |
4. |
Instructs its President to forward its position to the Council and the Commission. |
23.8.2018 |
EN |
Official Journal of the European Union |
C 298/317 |
P8_TA(2017)0121
Automatic exchange of data concerning vehicles registered in Finland, Slovenia, Romania, Poland, Sweden, Lithuania, Bulgaria, Slovakia and Hungary *
European Parliament legislative resolution of 5 April 2017 on the draft Council implementing decision on the automated data exchange with regard to vehicle registration data in Finland, Slovenia, Romania, Poland, Sweden, Lithuania, Bulgaria, Slovakia and Hungary and replacing Decisions 2010/559/EU, 2011/387/EU, 2011/547/EU, 2012/236/EU, 2012/664/EU, 2012/713/EU, 2013/230/EU, 2013/692/EU and 2014/264/EU (13529/2016 — C8-0518/2016 — 2016/0821(CNS))
(Consultation)
(2018/C 298/41)
The European Parliament,
— |
having regard to the Council draft (13529/2016), |
— |
having regard to Article 39(1) of the Treaty on European Union, as amended by the Treaty of Amsterdam, and Article 9 of Protocol No 36 on transitional provisions, pursuant to which the Council consulted Parliament (C8-0518/2016), |
— |
having regard to Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (1), and in particular Article 33 thereof, |
— |
having regard to Rule 78c of its Rules of Procedure, |
— |
having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A8-0095/2017), |
1. |
Approves the Council draft; |
2. |
Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
3. |
Asks the Council to consult Parliament again if it intends to substantially amend the text approved by Parliament; |
4. |
Instructs its President to forward its position to the Council and the Commission. |
23.8.2018 |
EN |
Official Journal of the European Union |
C 298/318 |
P8_TA(2017)0122
Automated data exchange with regard to vehicle registration data in Malta, Cyprus and Estonia *
European Parliament legislative resolution of 5 April 2017 on the draft Council implementing decision on the automated data exchange with regard to vehicle registration data in Malta, Cyprus and Estonia, and replacing Decisions 2014/731/EU, 2014/743/EU and 2014/744/EU (13499/2016 — C8-0519/2016 — 2016/0822(CNS))
(Consultation)
(2018/C 298/42)
The European Parliament,
— |
having regard to the Council draft (13499/2016), |
— |
having regard to Article 39(1) of the Treaty on European Union, as amended by the Treaty of Amsterdam, and Article 9 of Protocol No 36 on transitional provisions, pursuant to which the Council consulted Parliament (C8-0519/2016), |
— |
having regard to Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (1), and in particular Article 33 thereof, |
— |
having regard to Rule 78c of its Rules of Procedure, |
— |
having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A8-0090/2017), |
1. |
Approves the Council draft; |
2. |
Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
3. |
Asks the Council to consult Parliament again if it intends to substantially amend the text approved by Parliament; |
4. |
Instructs its President to forward its position to the Council and the Commission. |
Thursday 6 April 2017
23.8.2018 |
EN |
Official Journal of the European Union |
C 298/319 |
P8_TA(2017)0128
Wholesale roaming markets ***I
European Parliament legislative resolution of 6 April 2017 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 531/2012 as regards rules for wholesale roaming markets (COM(2016)0399 — C8-0219/2016 — 2016/0185(COD))
(Ordinary legislative procedure: first reading)
(2018/C 298/43)
The European Parliament,
— |
having regard to the Commission proposal to Parliament and the Council (COM(2016)0399), |
— |
having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0219/2016), |
— |
having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
— |
having regard to the opinion of the European and Social Committee of 19 October 2016 (1), |
— |
after consulting the Committee of the Regions, |
— |
having regard to the provisional agreement approved by the responsible committee under Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 8 February 2017 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
— |
having regard to Rule 59 of its Rules of Procedure, |
— |
having regard to the report of the Committee on Industry, Research and Energy (A8-0372/2016), |
1. |
Adopts its position at first reading hereinafter set out; |
2. |
Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal; |
3. |
Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
P8_TC1-COD(2016)0185
Position of the European Parliament adopted at first reading on 6 April 2017 with a view to the adoption of Regulation (EU) 2017/… of the European Parliament and of the Council amending Regulation (EU) No 531/2012 as regards rules for wholesale roaming markets
(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2017/920.)
23.8.2018 |
EN |
Official Journal of the European Union |
C 298/320 |
P8_TA(2017)0129
Third countries whose nationals are subject to or exempt from a visa requirement: Ukraine ***I
European Parliament legislative resolution of 6 April 2017 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (Ukraine) (COM(2016)0236 — C8-0150/2016 — 2016/0125(COD))
(Ordinary legislative procedure: first reading)
(2018/C 298/44)
The European Parliament,
— |
having regard to the Commission proposal to Parliament and the Council (COM(2016)0236), |
— |
having regard to Article 294(2) and Article 77(2)(a) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0150/2016), |
— |
having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
— |
having regard to the provisional agreement approved by the responsible committee under Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 2 March 2017 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union |
— |
having regard to Rule 59 of its Rules of Procedure, |
— |
having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinions of the Committee on Foreign Affairs and the Committee on Legal Affairs (A8-0274/2016), |
1. |
Adopts its position at first reading hereinafter set out; |
2. |
Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal; |
3. |
Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
P8_TC1-COD(2016)0125
Position of the European Parliament adopted at first reading on 6 April 2017 with a view to the adoption of Regulation (EU) 2017/… of the European Parliament and of the Council amending Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (Ukraine)
(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2017/850.)
Thursday 27 April 2017
23.8.2018 |
EN |
Official Journal of the European Union |
C 298/321 |
P8_TA(2017)0133
EU trade mark ***I
European Parliament legislative resolution of 27 April 2017 on the proposal for a regulation of the European Parliament and of the Council on the European Union trade mark (codified text) (COM(2016)0702 — C8-0439/2016 — 2016/0345(COD))
(Ordinary legislative procedure — codification)
(2018/C 298/45)
The European Parliament,
— |
having regard to the Commission proposal to the European Parliament and the Council (COM(2016)0702), |
— |
having regard to Article 294(2) and Article 118 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0439/2016), |
— |
having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
— |
having regard to the Interinstitutional Agreement of 20 December 1994 — Accelerated working method for official codification of legislative texts (1), |
— |
having regard to Rules 103 and 59 of its Rules of Procedure, |
— |
having regard to the report of the Committee on Legal Affairs (A8-0054/2017), |
A. |
whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance; |
1. |
Adopts its position at first reading hereinafter set out; |
2. |
Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
P8_TC1-COD(2016)0345
Position of the European Parliament adopted at first reading on 27 April 2017 with a view to the adoption of Regulation (EU) 2017/… of the European Parliament and of the Council on the European Union trade mark (codification)
(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2017/1001.)
23.8.2018 |
EN |
Official Journal of the European Union |
C 298/322 |
P8_TA(2017)0134
Minamata Convention on Mercury ***
European Parliament legislative resolution of 27 April 2017 on the draft Council decision on the conclusion on behalf of the European Union of the Minamata Convention on Mercury (05925/2017 — C8-0102/2017 — 2016/0021(NLE))
(Consent)
(2018/C 298/46)
The European Parliament,
— |
having regard to the draft Council decision (05925/2017), |
— |
having regard to the request for consent submitted by the Council in accordance with Article 192(1) and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C8-0102/2017), |
— |
having regard to Rule 99(1) and (4) and Rule 108(7) of its Rules of Procedure, |
— |
having regard to the recommendation of the Committee on the Environment, Public Health and Food Safety (A8-0067/2017), |
1. |
Gives its consent to conclusion of the Minamata Convention on Mercury; |
2. |
Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States, and to the United Nations. |
23.8.2018 |
EN |
Official Journal of the European Union |
C 298/323 |
P8_TA(2017)0135
Hybrid mismatches with third countries *
European Parliament legislative resolution of 27 April 2017 on the proposal for a Council directive amending Directive (EU) 2016/1164 as regards hybrid mismatches with third countries (COM(2016)0687 — C8-0464/2016 — 2016/0339(CNS))
(Special legislative procedure — consultation)
(2018/C 298/47)
The European Parliament,
— |
having regard to the Commission proposal to the Council (COM(2016)0687), |
— |
having regard to Article 115 of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C8-0464/2016), |
— |
having regard to the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Netherlands Senate, the Netherlands House of Representatives and the Swedish Parliament, asserting that the draft legislative act does not comply with the principle of subsidiarity, |
— |
having regard to the other contributions submitted by the Czech Senate, the German Bundesrat, the Spanish Parliament and the Portuguese Parliament on the draft legislative act, |
— |
having regard to its resolution of 25 November 2015 on tax rulings and other measures similar in nature or effect (1), |
— |
having regard to its resolution of 16 December 2015 with recommendations to the Commission on bringing transparency, coordination and convergence to corporate tax policies in the Union (2), |
— |
having regard to its resolution of 6 July 2016 on tax rulings and other measures similar in nature or effect (3), |
— |
having regard to the Commission’s decision of 30 August 2016 on State aid SA.38373 (2014/C) (ex 2014/NN) (ex 2014/CP) implemented by Ireland to Apple, and to the Commission’s open investigations into Luxembourg’s alleged aid to McDonald’s and Amazon, |
— |
having regard to the ongoing work of its Committee of Inquiry to investigate alleged contraventions and maladministration in the application of Union law in relation to money laundering, tax avoidance and tax evasion, |
— |
having regard to Rule 78c of its Rules of Procedure, |
— |
having regard to the report of the Committee on Economic and Monetary Affairs (A8-0134/2017), |
1. |
Approves the Commission proposal as amended; |
2. |
Calls on the Commission to alter its proposal accordingly, in accordance with Article 293(2) of the Treaty on the Functioning of the European Union; |
3. |
Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
4. |
Asks the Council to consult Parliament again if it intends to substantially amend the Commission proposal; |
5. |
Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
Amendment 1
Proposal for a directive
Recital 4
Text proposed by the Commission |
Amendment |
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Amendment 2
Proposal for a directive
Recital 4 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 3
Proposal for a directive
Recital 5
Text proposed by the Commission |
Amendment |
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Amendment 4
Proposal for a directive
Recital 5 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 5
Proposal for a directive
Recital 6
Text proposed by the Commission |
Amendment |
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Amendment 6
Proposal for a directive
Recital 7
Text proposed by the Commission |
Amendment |
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Amendment 7
Proposal for a directive
Recital 7 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 8
Proposal for a directive
Recital 8
Text proposed by the Commission |
Amendment |
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Amendment 9
Proposal for a directive
Recital 9
Text proposed by the Commission |
Amendment |
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Amendment 10
Proposal for a directive
Recital 9 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 11
Proposal for a directive
Recital 10
Text proposed by the Commission |
Amendment |
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deleted |
Amendment 12
Proposal for a directive
Recital 11
Text proposed by the Commission |
Amendment |
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deleted |
Amendment 13
Proposal for a directive
Recital 12
Text proposed by the Commission |
Amendment |
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deleted |
Amendment 14
Proposal for a directive
Recital 15
Text proposed by the Commission |
Amendment |
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Amendment 15
Proposal for a directive
Recital 17
Text proposed by the Commission |
Amendment |
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Amendment 16
Proposal for a directive
Recital 19
Text proposed by the Commission |
Amendment |
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Amendment 17
Proposal for a directive
Recital 21
Text proposed by the Commission |
Amendment |
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Amendment 18
Proposal for a directive
Recital 21 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 19
Proposal for a directive
Recital 23
Text proposed by the Commission |
Amendment |
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Amendment 20
Proposal for a directive
Recital 23 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 21
Proposal for a directive
Article 1 — paragraph 1 — point - 1 (new)
Directive (EU) 2016/1164
Article 1 — paragraph 1 a (new)
Text proposed by the Commission |
Amendment |
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(-1) In Article 1, the following paragraph is added: |
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‘Article - 9a shall also apply to all entities that are treated as transparent for tax purposes by a Member State.’ |
Amendment 22
Proposal for a directive
Article 1 — paragraph 1 — point 1 — point a
Directive (EU) 2016/1164
Article 2 — point 4 — subparagraph 3
Text proposed by the Commission |
Amendment |
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deleted |
Amendment 23
Proposal for a directive
Article 1 — paragraph 1 — point 1 — point a a (new)
Directive (EU) 2016/1164
Article 2 — point 4 — subparagraph 3
Text proposed by the Commission |
Amendment |
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Amendment 24
Proposal for a directive
Article 1 — paragraph 1 — point 1 — point b
Directive (EU) 2016/1164
Article 2 — point 9 — subparagraph 1 — introductory part
Text proposed by the Commission |
Amendment |
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Amendment 25
Proposal for a directive
Article 1 — paragraph 1 — point 1 — point b
Directive (EU) 2016/1164
Article 2 — point 9 — subparagraph 1 — point b
Text proposed by the Commission |
Amendment |
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Amendment 26
Proposal for a directive
Article 1 — paragraph 1 — point 1 — point b
Directive (EU) 2016/1164
Article 2 — point 9 — subparagraph 1 — point c
Text proposed by the Commission |
Amendment |
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Amendment 27
Proposal for a directive
Article 1 — paragraph 1 — point 1 — point b
Directive (EU) 2016/1164
Article 2 — point 9 — subparagraph 1 — point c a (new)
Text proposed by the Commission |
Amendment |
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Amendment 28
Proposal for a directive
Article 1 — paragraph 1 — point 1 — point b
Directive (EU) 2016/1164
Article 2 — point 9 — subparagraph 1 — point c b (new)
Text proposed by the Commission |
Amendment |
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Amendment 29
Proposal for a directive
Article 1 — paragraph 1 — point 1 — point b
Directive (EU) 2016/1164
Article 2 — point 9 — subparagraph 2
Text proposed by the Commission |
Amendment |
A hybrid mismatch only arises to the extent that the same payment deducted, expenses incurred or losses suffered in two jurisdictions exceed the amount of income that is included in both jurisdictions and which can be attributed to the same source. |
A hybrid mismatch that is the result of differences in the recognition of payments, expenses or losses incurred by a hybrid entity or permanent establishment or is the result of differences in the recognition of a deemed payment between two parts of the same taxpayer only arises to the extent that the resulting deduction in the jurisdiction of source is set off against an item that is not included in both jurisdictions where the mismatch has arisen. However, in the event that the payment giving rise to that hybrid mismatch also gives rise to a hybrid mismatch that is attributable to differences in the legal characterisation of a financial instrument or of a payment made under it, or is the result of differences in the recognition of payments made to a hybrid entity or to a permanent establishment, the hybrid mismatch only arises to the extent that the payment gives rise to a deduction without inclusion. |
Amendment 30
Proposal for a directive
Article 1 — paragraph 1 — point 1 — point b
Directive (EU) 2016/1164
Article 2 — point 9 — subparagraph 3 — introductory part
Text proposed by the Commission |
Amendment |
A hybrid mismatch also includes the transfer of a financial instrument under a structured arrangement involving a taxpayer where the underlying return on the transferred financial instrument is treated for tax purposes as derived simultaneously by more than one of the parties to the arrangement, who are resident for tax purposes in different jurisdictions, giving rise to any of the following outcomes: |
A hybrid mismatch also includes the transfer of a financial instrument involving a taxpayer where the underlying return on the transferred financial instrument is treated for tax purposes as derived simultaneously by more than one of the parties to the arrangement, who are resident for tax purposes in different jurisdictions, giving rise to any of the following outcomes: |
Amendment 31
Proposal for a directive
Article 1 — paragraph 1 — point 1 — point b a (new)
Directive (EU) 2016/1164
Article 2 — point 9 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 32
Proposal for a directive
Article 1 — paragraph 1 — point 1 — point b b (new)
Directive (EU) 2016/1164
Article 2 — point 9 b (new)
Text proposed by the Commission |
Amendment |
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Amendment 33
Proposal for a directive
Article 1 — paragraph 1 — point 1 — point c
Directive (EU) 2016/1164
Article 2 — point 11
Text proposed by the Commission |
Amendment |
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deleted |
Amendment 34
Proposal for a directive
Article 1 — paragraph 1 — point 1 — point c a (new)
Directive (EU) 2016/1164
Article 2 — point 11 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 35
Proposal for a directive
Article 1 — paragraph 1 — point 3
Directive (EU) 2016/1164
Article 9 — paragraph 1
Text proposed by the Commission |
Amendment |
1. To the extent that a hybrid mismatch between Member States results in a double deduction of the same payment, expenses or losses, the deduction shall be given only in the Member State where such payment has its source, the expenses are incurred or the losses are suffered. |
1. To the extent that a hybrid mismatch results in a double deduction of the same payment, expenses or losses, the deduction shall be denied in the Member State that is the investor jurisdiction. |
To the extent that a hybrid mismatch involving a third country results in a double deduction of the same payment, expenses or losses, the Member State concerned shall deny the deduction of such payment, expenses or losses, unless the third country has already done so. |
In the event that the deduction is not denied in the investor jurisdiction, the deduction shall be denied in the payer jurisdiction. To the extent that a third country is involved, the burden of proof of demonstrating that a deduction has been denied by that third country shall be on the taxpayer. |
Amendment 36
Proposal for a directive
Article 1 — paragraph 1 — point 3
Directive (EU) 2016/1164
Article 9 — paragraph 2
Text proposed by the Commission |
Amendment |
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2. To the extent that a hybrid mismatch between Member States results in a deduction without inclusion, the Member State of the payer shall deny the deduction of such payment. |
2. To the extent that a hybrid mismatch results in a deduction without inclusion, the deduction shall be denied in the Member State that is the payer jurisdiction of such payment . Where the deduction is not denied in the payer jurisdiction, the Member State concerned shall require the taxpayer to include the amount of the payment that would otherwise give rise to a mismatch in the income in the payee jurisdiction . |
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To the extent that a hybrid mismatch involving a third country results in a deduction without inclusion: |
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Amendment 37
Proposal for a directive
Article 1 — paragraph 1 — point 3
Directive (EU) 2016/1164
Article 9 — paragraph 3
Text proposed by the Commission |
Amendment |
3. To the extent that a hybrid mismatch between Member States involving a permanent establishment results in non-taxation without inclusion , the Member State in which the taxpayer is resident for tax purposes shall require the taxpayer to include in the taxable base the income attributed to the permanent establishment. |
3. To the extent that a hybrid mismatch involves disregarded permanent establishment income which is not subject to tax in the Member State in which the taxpayer is resident for tax purposes, that Member State shall require the taxpayer to include in its taxable income the income that would otherwise be attributed to the disregarded permanent establishment. |
To the extent that a hybrid mismatch involving a permanent establishment situated in a third country results in non-taxation without inclusion, the Member State concerned shall require the taxpayer to include in the taxable base the income attributed to the permanent establishment in the third country. |
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Amendment 38
Proposal for a directive
Article 1 — paragraph 1 — point 3
Directive (EU) 2016/1164
Article 9 — paragraph 3 a (new)
Text proposed by the Commission |
Amendment |
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3a. Member States shall deny a deduction for any payment by a taxpayer to the extent that such payment directly or indirectly funds deductible expenditure giving rise to a hybrid mismatch through a transaction or a series of transactions. |
Amendment 39
Proposal for a directive
Article 1 — paragraph 1 — point 3
Directive (EU) 2016/1164
Article 9 — paragraph 4
Text proposed by the Commission |
Amendment |
4. To the extent that a payment by a taxpayer to an associated enterprise in a third country is set off directly or indirectly against a payment, expenses or losses which due to a hybrid mismatch are deductible in two different jurisdictions outside the Union, the Member State of the taxpayer shall deny the deduction of the payment by the taxpayer to an associated enterprise in a third country from the taxable base, unless one of the third countries involved has already denied the deduction of the payment, expenses or losses that would be deductible in two different jurisdictions. |
4. To the extent that a payment by a taxpayer to an entity in a third country is set off directly or indirectly against a payment, expenses or losses which due to a hybrid mismatch are deductible in two different jurisdictions outside the Union, the Member State of the taxpayer shall deny the deduction of the payment by the taxpayer in a third country from the taxable base, unless one of the third countries involved has already denied the deduction of the payment, expenses or losses that would be deductible in two different jurisdictions. |
Amendment 40
Proposal for a directive
Article 1 — paragraph 1 — point 3
Directive (EU) 2016/1164
Article 9 — paragraph 5
Text proposed by the Commission |
Amendment |
5. To the extent that the corresponding inclusion of a deductible payment by a taxpayer to an associated enterprise in a third country is set off directly or indirectly against a payment which due to a hybrid mismatch is not included by the payee in its taxable base, the Member State of the taxpayer shall deny the deduction of the payment by the taxpayer to an associated enterprise in a third country from the taxable base, unless one of the third countries involved has already denied the deduction of the non-included payment. |
5. To the extent that the corresponding inclusion of a deductible payment by a taxpayer in a third country is set off directly or indirectly against a payment which due to a hybrid mismatch is not included by the payee in its taxable base, the Member State of the taxpayer shall deny the deduction of the payment by the taxpayer in a third country from the taxable base, unless one of the third countries involved has already denied the deduction of the non-included payment. |
Amendment 41
Proposal for a directive
Article 1 — paragraph 1 — point 3 a (new)
Directive (EU) 2016/1164
Article - 9 a (new)
Text proposed by the Commission |
Amendment |
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‘Article - 9a |
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Reverse hybrid mismatches |
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Where one or more associated non-resident entities, holding a share of profit in a hybrid entity that is incorporated or established in a Member State, is located in a jurisdiction or jurisdictions that regard the hybrid entity as a taxable person, the hybrid entity shall be regarded as a resident of that Member State and taxed on its income to the extent that the income is not otherwise taxed under the laws of that Member State or any other jurisdiction.’ |
Amendment 42
Proposal for a directive
Article 1 — paragraph 1 — point 4
Directive (EU) 2016/1164
Article 9a — paragraph 1
Text proposed by the Commission |
Amendment |
To the extent that a payment, expenses or losses of a taxpayer who is resident for tax purposes in both a Member State and a third country, in accordance with the laws of that Member State and that third country, are deductible from the taxable base in both jurisdictions and that payment, those expenses or losses can be set-off in the Member State of the taxpayer against taxable income that is not included in the third country, the Member State of the taxpayer shall deny the deduction of the payment, expenses or losses, unless the third country has already done so. |
To the extent that a payment, expenses or losses of a taxpayer who is resident for tax purposes in both a Member State and a third country, in accordance with the laws of that Member State and that third country, are deductible from the taxable base in both jurisdictions and that payment, those expenses or losses can be set off in the Member State of the taxpayer against taxable income that is not included in the third country, the Member State of the taxpayer shall deny the deduction of the payment, expenses or losses, unless the third country has already done so. Such denial of deduction shall also apply to situations where a taxpayer is ‘stateless’ for tax purposes. The burden of proof of demonstrating that the third country has denied the deduction of the payment, expense or loss shall be on the taxpayer . |
(1) Texts adopted, P8_TA(2015)0408.
(2) Texts adopted, P8_TA(2015)0457.
(3) Texts adopted, P8_TA(2016)0310.
23.8.2018 |
EN |
Official Journal of the European Union |
C 298/343 |
P8_TA(2017)0136
Agreement on Operational and Strategic Cooperation between Denmark and Europol *
European Parliament legislative resolution of 27 April 2017 on the draft Council implementing decision approving the conclusion by the European Police Office (Europol) of the Agreement on Operational and Strategic Cooperation between the Kingdom of Denmark and Europol (07281/2017 — C8-0120/2017 — 2017/0803(CNS))
(Consultation)
(2018/C 298/48)
The European Parliament,
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having regard to the Council draft (07281/2017), |
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having regard to Article 39(1) of the Treaty on European Union, as amended by the Treaty of Amsterdam, and Article 9 of Protocol No 36 on transitional provisions, pursuant to which the Council consulted Parliament (C8-0120/2017), |
— |
having regard to Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol) (1), and in particular Article 23(2) thereof, |
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having regard to Council Decision 2009/935/JHA of 30 November 2009 determining the list of third States and organisations with which Europol shall conclude agreements (2), as amended by Council Implementing Decision (EU) 2017/290 (3), |
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having regard to Council Decision 2009/934/JHA of 30 November 2009 adopting the implementing rules governing Europol’s relations with partners, including the exchange of personal data and classified information (4), and in particular Articles 5 and 6 thereof, |
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having regard to the Declaration by the President of the European Council, the President of the Commission and the Prime Minister of Denmark of 15 December 2016, which stressed the operational needs, but also the exceptional and transitional nature, of the foreseen arrangement between Europol and Denmark, |
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having regard to the aforementioned Declaration, which stressed that the foreseen arrangement is conditional on Denmark’s continued membership of the Union and of the Schengen area, Denmark’s obligation to fully implement in Danish law Directive (EU) 2016/680 (5) on data protection in police matters by 1 May 2017 and Denmark’s agreement to the application of the jurisdiction of the Court of Justice of the European Union and the competence of the European Data Protection Supervisor, |
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having regard to Protocol No 22 to the Treaty on the Functioning of the European Union, |
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having regard to the outcome of the Danish referendum of 3 December 2015 in relation to Protocol No 22 to the Treaty on the Functioning of the European Union, |
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having regard to its legislative resolution of 14 February 2017 on the draft Council implementing decision amending Decision 2009/935/JHA as regards the list of third States and organisations with which Europol shall conclude agreements (6), and in particular the request in paragraph 4 thereof calling for the future arrangement between Europol and Denmark to have an expiry date of five years, in order to ensure its transitional nature with a view to a more permanent arrangement, |
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having regard to Rule 78c of its Rules of Procedure, |
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having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A8-0164/2017), |
1. |
Approves the Council draft; |
2. |
Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
3. |
Asks the Council to consult Parliament again if it intends to substantially amend the text approved by Parliament; |
4. |
Calls on the Council and the Commission to ensure that, as part of the assessment to be carried out pursuant to Article 25 of the Agreement on Operational and Strategic Cooperation between the Kingdom of Denmark and Europol, the European Parliament is kept regularly informed and consulted, in particular through the Europol Joint Parliamentary Scrutiny Group to be established pursuant to Article 51(1) of Regulation (EU) 2016/794 (7); |
5. |
Calls on all parties involved to exhaust all possibilities under primary and secondary law in order to once again offer Denmark full membership of Europol; |
6. |
Instructs its President to forward its position to the Council, the Commission and Europol. |
(1) OJ L 121, 15.5.2009, p. 37.
(2) OJ L 325, 11.12.2009, p. 12.
(3) OJ L 42, 18.2.2017, p. 17.
(4) OJ L 325, 11.12.2009, p. 6.
(5) Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).
(6) Texts adopted, P8_TA(2017)0023.
(7) Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53).
23.8.2018 |
EN |
Official Journal of the European Union |
C 298/345 |
P8_TA(2017)0137
Nomination of a member of the Court of Auditors
European Parliament decision of 27 April 2017 on the nomination of Ildikó Gáll-Pelcz as a Member of the Court of Auditors (C8-0110/2017 — 2017/0802(NLE))
(Consultation)
(2018/C 298/49)
The European Parliament,
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having regard to Article 286(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C8-0110/2017), |
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having regard to Rule 121 of its Rules of Procedure, |
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having regard to the report of the Committee on Budgetary Control (A8-0166/2017), |
A. |
whereas Parliament’s Committee on Budgetary Control proceeded to evaluate the credentials of the nominee, in particular in view of the requirements laid down in Article 286(1) of the Treaty on the Functioning of the European Union; |
B. |
whereas at its meeting of 12 April 2017 the Committee on Budgetary Control heard the Council’s nominee for membership of the Court of Auditors; |
1. |
Delivers a favourable opinion on the Council’s nomination of Ildikó Gáll-Pelcz as a Member of the Court of Auditors; |
2. |
Instructs its President to forward this decision to the Council and, for information, the Court of Auditors, the other institutions of the European Union and the audit institutions of the Member States. |
23.8.2018 |
EN |
Official Journal of the European Union |
C 298/346 |
P8_TA(2017)0139
Structural Reform Support Programme for 2017-2020 ***I
European Parliament legislative resolution of 27 April 2017 on the proposal for a regulation of the European Parliament and of the Council on the establishment of the Structural Reform Support Programme for the period 2017 to 2020 and amending Regulations (EU) No 1303/2013 and (EU) No 1305/2013 (COM(2015)0701 — C8-0373/2015 — 2015/0263(COD))
(Ordinary legislative procedure: first reading)
(2018/C 298/50)
The European Parliament,
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having regard to the Commission proposal to Parliament and the Council (COM(2015)0701), |
— |
having regard to Articles 294(2), 175 and 197(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0373/2015), |
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having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
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having regard to the opinion of the European Economic and Social Committee of 16 March 2016 (1), |
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having regard to the opinion of the Committee of the Regions of 7 April 2016 (2), |
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having regard to the provisional agreement approved by the responsible committee under Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 15 February 2017 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union |
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having regard to Rule 59 of its Rules of Procedure, |
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having regard to the report of the Committee on Regional Development and the opinions of the Committee on Economic and Monetary Affairs, the Committee on Budgets, the Committee on Employment and Social Affairs, the Committee on Fisheries and the Committee on Culture and Education (A8-0374/2016), |
1. |
Adopts its position at first reading hereinafter set out; |
2. |
Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal; |
3. |
Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
P8_TC1-COD(2015)0263
Position of the European Parliament adopted at first reading on 27 April 2017 with a view to the adoption of Regulation (EU) 2017/… of the European Parliament and of the Council on the establishment of the Structural Reform Support Programme for the period 2017 to 2020 and amending Regulations (EU) No 1303/2013 and (EU) No 1305/2013
(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2017/825.)
23.8.2018 |
EN |
Official Journal of the European Union |
C 298/347 |
P8_TA(2017)0140
European Year of Cultural Heritage ***I
European Parliament legislative resolution of 27 April 2017 on the proposal for a decision of the European Parliament and of the Council on a European Year of Cultural Heritage (COM(2016)0543 — C8-0352/2016 — 2016/0259(COD))
(Ordinary legislative procedure: first reading)
(2018/C 298/51)
The European Parliament,
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having regard to the Commission proposal to Parliament and the Council (COM(2016)0543), |
— |
having regard to Article 294(2) and Article 167 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0352/2016), |
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having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
— |
having regard to the opinion of the Committee of the Regions of 12 October 2016 (1), |
— |
having regard to the provisional agreement approved by the responsible committee under Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 15 February 2017 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
— |
having regard to Rule 59 of its Rules of Procedure, |
— |
having regard to the report of the Committee on Culture and Education and the opinion of the Committee on Budgets (A8-0340/2016), |
1. |
Adopts its position at first reading hereinafter set out; |
2. |
Approves the joint statement by Parliament and the Council annexed to this resolution; |
3. |
Takes note of the Commission statement annexed to this resolution; |
4. |
Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal; |
5. |
Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
P8_TC1-COD(2016)0259
Position of the European Parliament adopted at first reading on 27 April 2017 with a view to the adoption of Decision (EU) 2017/… of the European Parliament and of the Council on a European Year of Cultural Heritage (2018)
(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Decision (EU) 2017/864.)
ANNEX TO THE LEGISLATIVE RESOLUTION
JOINT STATEMENT BY THE EUROPEAN PARLIAMENT AND THE COUNCIL
In accordance with Article 9 of the Decision, the financial envelope for the implementation of the European Year of Cultural Heritage (2018) is set at EUR 8 million. In order to fund the preparation of the European Year of Cultural Heritage, EUR 1 million will be financed from existing resources in the 2017 budget. For the 2018 budget, EUR 7 million will be reserved for the European Year of Cultural Heritage and be made visible in a budget line. Of that amount, EUR 3 million will come from the resources currently provided for in the Creative Europe Programme and EUR 4 million will be reprioritised from other existing resources, without using the existing margins and without prejudice to the powers of the budgetary authority.
STATEMENT BY THE COMMISSION
The Commission takes note of the agreement of the co-legislators to introduce a financial envelope of EUR 8 million in Article 9 of the Decision of the European Parliament and of the Council on a European Year of Cultural Heritage (2018). The Commission recalls that it is the prerogative of the budgetary authority to authorise the amount of appropriations in the annual budget, in accordance with Article 314 TFEU.
23.8.2018 |
EN |
Official Journal of the European Union |
C 298/349 |
P8_TA(2017)0141
Union programme to support specific activities in the field of financial reporting and auditing ***I
European Parliament legislative resolution of 27 April 2017 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 258/2014 establishing a Union Programme to support specific activities in the field of financial reporting and auditing for the period of 2014-20 (COM(2016)0202 — C8-0145/2016 — 2016/0110(COD))
(Ordinary legislative procedure: first reading)
(2018/C 298/52)
The European Parliament,
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having regard to the Commission proposal to Parliament and the Council (COM(2016)0202), |
— |
having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0145/2016), |
— |
having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
— |
having regard to the opinion of the European Economic and Social Committee of 25 May 2016 (1) |
— |
having regard to the provisional agreement approved by the responsible committee under Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 15 March 2017 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
— |
having regard to Rule 59 of its Rules of Procedure, |
— |
having regard to the report of the Committee on Economic and Monetary Affairs (A8-0291/2016), |
1. |
Adopts its position at first reading hereinafter set out; |
2. |
Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal; |
3. |
Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
P8_TC1-COD(2016)0110
Position of the European Parliament adopted at first reading on 27 April 2017 with a view to the adoption of Regulation (EU) 2017/… of the European Parliament and of the Council amending Regulation (EU) No 258/2014 establishing a Union Programme to support specific activities in the field of financial reporting and auditing for the period of 2014-20
(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2017/827.)
23.8.2018 |
EN |
Official Journal of the European Union |
C 298/350 |
P8_TA(2017)0142
Union programme to enhance the involvement of consumers in financial services policy-making ***I
European Parliament legislative resolution of 27 April 2017 on the proposal for a regulation of the European Parliament and of the Council on establishing a Union programme to support specific activities enhancing the involvement of consumers and other financial services end-users in Union policy making in the field of financial services for the period of 2017-2020 (COM(2016)0388 — C8-0220/2016 — 2016/0182(COD))
(Ordinary legislative procedure: first reading)
(2018/C 298/53)
The European Parliament,
— |
having regard to the Commission proposal to Parliament and the Council (COM(2016)0388), |
— |
having regard to Article 294(2) and point (b) of Article 169(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0220/2016), |
— |
having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
— |
having regard to the opinion of the European Economic and Social Committee of 19 October 2016 (1), |
— |
having regard to the provisional agreement approved by the responsible committee under Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 15 March 2017 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
— |
having regard to Rule 59 of its Rules of Procedure, |
— |
having regard to the report of the Committee on Economic and Monetary Affairs and the opinion of the Committee on the Internal Market and Consumer Protection (A8-0008/2017), |
1. |
Adopts its position at first reading hereinafter set out; |
2. |
Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal; |
3. |
Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
P8_TC1-COD(2016)0182
Position of the European Parliament adopted at first reading on 27 April 2017 with a view to the adoption of Regulation (EU) 2017/… of the European Parliament and of the Council on establishing a Union programme to support specific activities enhancing the involvement of consumers and other financial services end-users in Union policy-making in the area of financial services for the period of 2017-2020
(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2017/826.)